CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, June 18, 2024
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.
TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.
Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.
Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
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1 REGULAR CITY COUNCIL AND HOUSING
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Agenda June 18, 2024
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Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].
Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
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Agenda June 18, 2024
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.
All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.
Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.
As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.
A minimum number of hard copies of the agenda will be available in the Council Chambers.
For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II].
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Agenda June 18, 2024
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 420-012-16
Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment
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Agenda June 18, 2024
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY JUNE 18, 2024 – 6:00 P.M.
JOHN STEPHENS
Mayor
JEFFREY HARLAN ANDREA MARR
Mayor Pro Tem - District 6 Council Member - District 3
MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2
ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1
KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager
CALL TO ORDER
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Presentation: 2024 NMUSD Students Military Service Recognition
2. Proclamation: 2024 Pride Month
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.
Comments are limited to 3 minutes, or as otherwise directed.
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COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.
1. Council Member Chavez
2. Council Member Gameros
3. Council Member Harper
4. Council Member Marr
5. Council Member Reynolds
6. Mayor Pro Tem Harlan
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
24-259
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
2. READING FOLDER 24-260
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Allstate Insurance Company (Steven Larsen), Devon Bradley.
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3. ADOPTION OF WARRANT RESOLUTION 24-258
RECOMMENDATION:
City Council approve Warrant Resolution No. 2719.
1. Summary Check Register 05-30-2024
2. Summary Check Register 06-06-2024
Attachments:
4. MINUTES 24-261
RECOMMENDATION:
City Council approved the minutes of the regular meeting of June 4, 2024.
1. 06-04-2024 Draft MinutesAttachments:
5. CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM AND
GRANT FOR COMMUNITY BASED TRANSIT
24-227
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed contract with Circuit Transit, Inc. for the Clean Mobility Options (CMO) Voucher Pilot Program in an amount not to exceed $500,000 annually, for a term of three ( 3) years after commencement of on-demand transit services.
2. Authorize the City Manager and City Clerk to execute the agreement and future amendments to the agreement within the budgeted amount.
1. Agreement with Circuit Transit Inc.
2. Resolution No. 2024-01-Clean Mobility Options Voucher Pilot Program
Attachments:
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6. AGREEMENT FOR FUEL PROCUREMENT AND DELIVERY
SERVICES WITH MERRIMAC PETROLEUM, INC.
24-243
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed Agreement with Merrimac Petroleum, Inc ., DBA Merrimac Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for the purchase and delivery of fuel in an annual amount not to exceed $250,000.
2. Authorize the City Manager and City Clerk to execute the agreement and future authorized amendments to the agreement.
1. City of Ventura’s General Services Agreement No.
PW22-1064
2. City of Ventura’s General Services Agreement No.
PW22-1064 Amendment No. 1
3. City of Ventura's RFP
4. Merrimac Energy Group Agreement (DRAFT)
Attachments:
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7. AWARD OF THE TRAFFIC SIGNAL MODIFICATION AT BAKER
STREET AND BABB STREET, CITY PROJECT NO. 24-02, AND
FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CATEGORICAL EXEMPTION
24-244
RECOMMENDATION:
Staff recommends the City Council:
1. Make a finding of the California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 and adopt plans, specifications, and working details for the Traffic Signal Modification at Baker Street and Babb Street, City Project No. 24-02.
2. Award a Public Works Agreement (PWA) for construction to Crosstown Electrical & Data, Inc., 5454 Diaz Street, Irwindale, CA 91706, in the amount of $292,787 and authorize an additional ten percent (10%) contingency totaling $29,279 as needed for unforeseen costs from Measure “M 2” Fairshare (416) fund balance.
3. Authorize a budget adjustment to appropriate $60,537 from Fund 416 Measure “M2” Fairshare available fund balance to the project.
4. Authorize the City Manager and City Clerk to execute the PWA, and authorize the City Manager to execute future contract amendments within Council authorized limits.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and /or minor alteration of existing public facilities.
1. Bid Abstract
2. Public Works Agreement
Attachments:
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Agenda June 18, 2024
8. PLANNING APPLICATION PDRC- 23-0001 TO ADD THE “LEROY ANDERSON HOUSE” AT 208 MAGNOLIA STREET TO THE LOCAL
HISTORIC REGISTER AND APPROVE A MILLS ACT CONTRACT
FOR THE PROPERTY
24-252
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (“Common Sense”) of the CEQA Guidelines.
2. Adopt City Council Resolution 2024-XX to place the “Leroy Anderson House” at 208 Magnolia Street on the Local Register of Historic Places.
3. Approve a Mills Act contract between the City and the property owner to facilitate preservation of the subject property as a historic resource.
Agenda Report
1. Resolution
2. Applicant Letter
3. Historical Assessment Report
4. Mills Act Contract
5. Draft Rehabilitation Plan
6. State Inventory Form
7. Historical Society Endorsement
8. Mills Act Property Tax Abatement Program
9. Planning Commisson Resolution
10. Planning Commission Minutes
11. Planning Commission Report 012224
Attachments:
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9. ADOPTION OF ORDINANCES APPROVING DEVELOPMENT
AGREEMENT (DA-20-02), REZONE ( R-20-01), AND SPECIFIC PLAN (SP-20-01), AND ADOPTION OF RESOLUTION AMENDING CERTAIN
CONDITIONS OF APPROVAL FOR THE ONE METRO WEST
PROJECT LOCATED AT 1683 SUNFLOWER AVENUE
24-254
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the proposed amendments are in substantial conformance with the Final Environmental Impact Report (EIR) for the One Metro West project (State Clearing House No. 2019050014), including a mitigation monitoring program and statement of overriding considerations, which was certified by the City Council on May 4, 2021, and that no further environmental review under CEQA is required pursuant to CEQA Guidelines Section 15162.
2. Give second reading to and adopt, by title only, Ordinance No. 2024-05 approving Development Agreement 20-02, modifying payment of impact fees and community benefits funding from one year to five years and clarifying the Agreement’s effective date.
3. Give second reading to and adopt, by title only, Ordinance No. 2024-06 approving Rezone 20-01.
4. Give second reading to and adopt, by title only, Ordinance No. 2024-07 approving Specific Plan 20-01.
Agenda Report
1. Ordinance 2024-05 (Development Agreement)
2. Ordinance 2024-06 (Rezone)
3. Ordinance 2024-07 (Specific Plan)
4. City Council Report June 4, 2024
5. Track Changes Development Agreement
Attachments:
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10. SECOND READING OF ORDINANCE NO. 2024-02 AMENDING TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA
MESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE HOUSING
REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT
PROJECTS
24-228
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the adoption of Ordinance No. 2024-02 is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), General Rule in that the Affordable Housing Ordinance will not have a significant impact on the environment.
2. Give second reading to and adopt Ordinance No. 2024-02 approving the Affordable Housing Ordinance and amending Title 13 to establish the affordable housing requirements for certain new residential development projects.
Agenda Report
1. Ordinance No. 2024-02
2. City Council AHO changes
3. City Council Agenda Report April 2, 2024
Attachments:
11. APPROVAL OF AMENDMENT TO MERCY HOUSE AGREEMENT FOR
CITYWIDE RENTAL ASSISTANCE PROGRAM
24-268
RECOMMENDATION:
Staff recommends the City Council:
1. Approve Amendment No. 5 to the Subrecipient Agreement with Mercy House Living Centers increasing the compensation by $500,000 for a total not- to-exceed amount of $2,050,000 for the administration of the City’s Rental Assistance Program for very low-income households.
2. Authorize a budgetary increase of $500,000 to be funded by recently granted FEMA reimbursements.
3. Authorize the City Manager and the City Attorney to make all contract amendments as needed, and execute the contract amendment(s).
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
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Agenda June 18, 2024
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. FIRST READING OF ORDINANCES TO AMEND CHAPTERS 2 AND 3 OF TITLE 4 (BICYCLES); AND CHAPTERS 1 THROUGH 21 OF TITLE 10 (MOTOR VEHICLE TRAFFIC) OF THE COSTA MESA MUNICIPAL
CODE AND PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ( “CEQA”), FIND THE ORDINANCE IS NOT A "PROJECT" AND FURTHER, THAT IT IS EXEMPT FROM
THE PROVISIONS OF CEQA PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)
24-226
RECOMMENDATION:
Staff and the Active Transportation Committee recommend the City Council:
Introduce for first reading, Ordinance Nos. 2024-xx and 2024-xx, to amend Chapters 2 and 3 of Title 4 (Bicycles) and Chapters 1 through 21 of Title 10 (Motor Vehicle Traffic), respectively, of the Costa Mesa Municipal Code to be in compliance with current California laws related to bicycles and current practices and procedures.
1. Title 4 Ordinance with Exhibit A
2. Title 10 Ordinance with Exhibit A
Attachments:
2. FEE RESOLUTION TO ESTABLISH THE AFFORDABLE HOUSING
IN-LIEU FEE SCHEDULE
24-229
RECOMMENDATION:
Staff recommends the City Council:
1. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).
2. Adopt a fee resolution establishing the affordable housing in-lieu fee.
Agenda Report
1. Resolution
2. City Council Agenda Report April 2, 2024
3. City Council Minutes April 2, 2024
Attachments:
OLD BUSINESS: NONE.
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NEW BUSINESS:
1. URBAN MASTER PLAN SCREENING REQUEST (PSCR- 24-0003)
FOR A PROPOSED 38 UNIT LIVE/WORK DEVELOPMENT ON A 2.3
ACRE SITE WITHIN THE MESA WEST BLUFFS URBAN PLAN
LOCATED AT 960 WEST 16TH STREET
24-255
RECOMMENDATION:
Staff recommends the City Council review and provide feedback on the proposed 38-unit new live/work development in the Mesa West Bluffs Urban Plan area, and to provide comment on the requested deviations.
Agenda Report
1. Applicant Letter
2. Application Summary Sheet
3. Existing Site Photos
4. Preliminary Plans
Attachments:
2. APPOINTMENT TO THE PARKS AND COMMUNITY SERVICES
COMMISSION
24-241
RECOMMENDATION:
Staff recommends the City Council make the appointment as follows:
1. Parks and Community Services Commission - Make one ( 1) member appointment to fill vacancy with term expiration of January 2025.
Appointment by Council Member Gameros.
1. Parks and Community Services Commission ApplicationsAttachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-259 Meeting Date: 6/18/2024
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
RECOMMENDATION:
City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.
15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-260 Meeting Date: 6/18/2024
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Allstate Insurance Company (Steven Larsen), Devon Bradley.
16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-258 Meeting Date: 6/18/2024
TITLE:
ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:
City Council approve Warrant Resolution No. 2719.
BACKGROUND:
In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.
FISCAL REVIEW:
Funding Payroll Register No. 24-11 On Cycle for $3,492,988.75, 24-11 ”A”Off Cycle for $3,961.89, 24-12 On Cycle for $3,398,004.80, and City operating expenses for $2,621,434.92.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-261 Meeting Date: 6/18/2024
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approved the minutes of the regular meeting of June 4, 2024.
57 Minutes – Regular Meeting June 4, 2024 Page 1 of 13
REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY JUNE 4, 2024 – 6:00 P.M. - MINUTES
CALL TO ORDER – The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the mayor led the Pledge of Allegiance.
MOMENT OF SOLEMN EXPRESSION – Led by Pastor Christine Nolf, Redemption Church.
ROLL CALL
Present: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Absent: Council Member Harper.
PRESENTATIONS: NONE.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on statistics and the lack of enforcement of the permit parking program and spoke against eliminating one drive lane on West 19th Street.
Jay Humphrey, Costa Mesa, spoke in appreciation of the improvements on Adams Avenue.
Lynn Redman, Costa Mesa, spoke on his sons tree restoration project at Fairview Park.
Speaker, Costa Mesa, spoke on the lack of parking enforcement in the College Park permit parking area, and spoke against development.
Speaker, spoke on Measure K and Measure Y and spoke on donations by Rose Equities.
Cynthia McDonald spoke on Pride Month, publishing the agenda sooner, and spoke on adopting an ethics policy.
Speaker, requested agenda reports be printed double sided. 58 Minutes – Regular Meeting June 4, 2024 Page 2 of 13
Speaker, Resilience Orange County, spoke on street conditions on Center Street and the possibility of a community meeting, spoke on hosting a tenants know your rights meeting, and requested the agendas be published sooner.
Juana Trejo expressed appreciation on the City offering the Zoom option and expressed concern on graffiti and gang activity.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Reynolds expressed appreciation on the poem by Pastor Nolf, expressed appreciation to Resilience Orange County for their services, expressed appreciation to the Freedom Committee for the Memorial Day event, spoke in support of Pride Month, spoke on attending the Bike Safety Education event, requested a presentation on the Bike Safety Program, acknowledged staff who were involved in the Access Costa Mesa Resource Fair, and spoke on attending an event honoring Robert Santana Chief Executive Officer of the Orange County Boys and Girls Club who received an award.
Council Member Chavez congratulated graduates and expressed appreciation for public safety teams attending graduation events, spoke on the Costa Mesa 311 application to report graffiti and vandalism, spoke on public safety and traffic enhancements, and spoke on receiving the agenda sooner.
Council Member Gameros thanked the Freedom Committee for the Memorial Day event, spoke on park improvements for youth sports, and encouraged residents to contact him for assistance.
Council Member Marr spoke on Pride Month, spoke on the skate park community meeting and submitting comments, attending the Project Hope Alliance gala, spoke on allowing beekeeping, and spoke on parking concerns in the College Park area and requested a briefing on enforcement, and on parking enforcement during the Fair.
Mayor Pro Tem Harlan spoke on attending the Newport Mesa Soccer Classic, requested an update on Tessa and the Economic Development Strategic Plan, requested a Legislative Committee Report, requested an update on Harper Park, and requested for Council review a CIP threshold increase.
Mayor Stephens spoke on attending the Newport Mesa Soccer Classic, spoke on the Animal Services Committee and a beekeeping policy, the Michaels store reopening, appreciates the Adams Ave. improvements, spoke on the ambulance transport system, the July 3 rd event at the Fairgrounds, the OCTA Measure M2 reports, praised the Public Works Department, and spoke on Pride Month.
REPORT – CITY MANAGER – NONE.
REPORT – CITY ATTORNEY – NONE.
59 Minutes – Regular Meeting June 4, 2024 Page 3 of 13
CONSENT CALENDAR
MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Approve the Consent Calendar except for Item No. 10.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND
RESOLUTIONS
ACTION:
City Council and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Aaron Davis, Gregory Fort, Judith Leik, Nicholas Anthony Viscome.
3. ADOPTION OF WARRANT RESOLUTION
ACTION:
City Council approved Warrant Resolution No. 2718.
4. MINUTES
ACTION:
City Council approved the minutes of the regular meetings of May 7, 2024 and May 21, 2024, and the Study Session meeting of May 14, 2024.
5. RESOLUTIONS RELATING TO THE CALLING OF THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024
ACTION:
1. City Council adopted Resolution No. 2024-23, to be read by title only and waived further reading, calling and giving notice to conduct a General Municipal Election on November 5, 2024 for the purpose of electing a Mayor for the full term of two years; and election of three members of the City Council from the first, second, and sixth districts, for the full term of four years.
60 Minutes – Regular Meeting June 4, 2024 Page 4 of 13
2. Adopted Resolution No. 2024-24, to be read by title only and waived further reading, requesting the Orange County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election and to issue instruction to the Orange County Registrar of Voters Elections Department to provide specific services in the conduct of the consolidated election.
3. Adopted Resolution No. 2024-25, to be read by title only and waived further reading, adopting regulations pertaining to Candidate Statements submitted to the voters at a General Municipal Election to be held on November 5, 2024.
6. SB 1205 COMPLIANCE REPORT FOR 2023 STATE-MANDATED ANNUAL FIRE
INSPECTIONS
ACTION:
City Council adopted Resolution No. 2024-26 to accept the Compliance Report on the status of all 2023 state-mandated annual fire inspections in the City as required by California Health and Safety Code Section 13146.4.
7. AMENDMENT NO. TWO TO EXTEND THE TERM OF THE PROFESSIONAL
SERVICES AGREEMENT WITH FALCK MOBILE HEALTH CORPORATION FOR
AMBULANCE SERVICES
ACTION:
City Council approved Amendment Number Two to the Professional Services Agreement with Falck Mobile Health Corporation (Previously known as Care Ambulance) to extend the term for the continuation of emergency ambulance operator and support services until July 31, 2026, and to provide a 2.5% increase in the Annual Compensation Package for each of the next two years.
8. TWO YEAR EXTENSION OF THE PROFESSIONAL SERVICES AGREEMENT WITH
WITTMAN ENTERPRISES, LLC FOR AMBULANCE BILLING AND COST RECOVERY SERVICES RFP 18-03
ACTION:
1. City Council approved Amendment Number Two to extend the term of the Professional Services Agreement for Ambulance Billing and Cost Recovery Services between Wittman Enterprises, LLC and the City of Costa Mesa for two (2) additional years to July 31, 2026 and to increase the per call cost.
2. Authorized the City Manager to execute the Amendment.
9. REJECT SOLE BID RECEIVED FOR THE TEWINKLE PARK LAKES REPAIR AND REHABILITATION PROJECT, CITY PROJECT NO. 23-10
ACTION:
City Council rejected the sole bid received for the TeWinkle Park Lakes Repair and Rehabilitation Project, City Project No. 23-10.
61 Minutes – Regular Meeting June 4, 2024 Page 5 of 13
11. ACCEPTANCE OF THE CITY HALL FIRE ALARM SYSTEM UPGRADE AND
COMMUNICATION FIRE SUPPRESSION SYSTEM PROJECT - PHASE II, CITY PROJECT NO. 19-14
ACTION:
1. City Council accepted the work performed by Johnson Controls International (JCI), 12728 Shoemaker Avenue, Santa Fe Springs, CA 90670, for the City Hall Fire Alarm System Upgrade and Communication Fire Suppression System Project - Phase II, City Project No. 19-14, and authorized the City Clerk to file the Notice of Completion.
2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
12. RENEWED MEASURE M (M2) ELIGIBILITY
ACTION:
1. City Council approved the City’s Maintenance of Effort (MOE) for Fiscal Year (FY) 2024-25.
2. Approved the M2 Seven-Year Capital Improvement Program (CIP) comprising the City’s Five-Year and future year CIP for FY 2024-25 through FY 2030-31.
3. Adopted Resolution No. 2024-28, for the Update of the Pavement Management Plan.
4. Authorized staff to submit documents to meet M2 Eligibility requirements.
13. REJECT ALL BIDS RECEIVED FOR THE CAT6 STRUCTURED CABLE AND
VERKADA CAMERA INSTALLATION SERVICES REQUEST FOR PROPOSAL NUMBER 24-03
ACTION:
City Council rejected all bids for the CAT6 Structured Cable and Verkada Camera Installation Services Request for Proposal Number 24-03, and directed staff to re-advertise the project.
ITEMS PULLED FROM THE CONSENT CALENDAR
10. RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Public Comments:
Speaker, thanked the Public Works staff and City Council for their support of active transportation and noted a correction on the resolution to include the 3 listed roads from the staff report instead of Fairview Road.
62 Minutes – Regular Meeting June 4, 2024 Page 6 of 13
MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Approve staff recommendation with the correction on the resolution to include the 3 listed roads from the staff report instead of Fairview Road.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
ACTION:
City Council adopted Resolution No. 2024-27, approving Harbor Boulevard, West 17th Street, and Gisler Avenue roadway rehabilitation projects for funding with Road Maintenance and Rehabilitation Account (RMRA) revenues for Fiscal Year 2024-25. ----------------------------------------END OF CONSENT CALENDAR----------------------------------------- MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Reorder the agenda and consider New Business Item No. 1 Prior to the Public Hearings.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
NEW BUSINESS:
1. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF COSTA MESA (CITY) AND THE COSTA MESA FIRE MANAGEMENT
ASSOCIATION (CMFMA) AND THE ADOPTION OF ACCOMPANYING SALARY
RESOLUTION FOR CMFMA
Presentation by Ms. Lee, Human Resources Manager.
Public Comments: None.
MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
63 Minutes – Regular Meeting June 4, 2024 Page 7 of 13
ACTION:
1. City Council approved and adopted the Memorandum of Understanding between the City of Costa Mesa and CMFMA.
2. Approved and Adopted Resolution No. 2024-36 revising the pay ranges for CMFMA.
3. Authorized the City Manager and members of the City’s Negotiation Team to execute the Memorandum of Understanding documents.
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. BUSINESS IMPROVEMENT AREA (BIA) REAUTHORIZATION TO LEVY ANNUAL
ASSESSMENT
Presentation by Ms. Jakher, Assistant to the City Manager.
Paulette Lombardi-Fries, President, Travel Costa Mesa spoke on the item and provided a video.
Public Comments: None.
MOVED/SECOND: Mayor Stephens/Mayor Pro Temm Harlan
MOTION: Approve staff recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
ACTION:
1. City Council conducted a public hearing regarding the Business Improvement Area (BIA) reauthorization and levy of the annual assessment for Fiscal Year 2024-2025.
2. Adopted Resolution No. 2024-29, confirming the annual report filed by Travel Costa Mesa and levying an annual assessment for Fiscal Year 2024-2025 for the Business Improvement Area covering certain Costa Mesa hotels and motels.
3. Adopted the Fiscal Year 2024-25 Community-Wide Marketing and Support Budget. 64 Minutes – Regular Meeting June 4, 2024 Page 8 of 13
2. FIRST READING OF ORDINANCES APPROVING DEVELOPMENT AGREEMENT (DA-20-02), REZONE (R-20-01), AND SPECIFIC PLAN (SP-20-01), AND ADOPTION
OF RESOLUTION AMENDING CERTAIN CONDITIONS OF APPROVAL FOR THE ONE METRO WEST PROJECT LOCATED AT 1683 SUNFLOWER AVENUE Ex parte communications: Mayor Stephens, Mayor Pro Tem Harlan, and Council Members Chavez and Marr spoke with the applicant.
Presentation by Mr. Rodrigues, Planning and Sustainable Development Manager.
Mr. Stoll, applicant, representing Rose Equities, spoke on the project.
Public Comments:
Speaker, spoke on public noticing, environmental reviews, fees, formal legal opinion and ex facto opinion on Measure Y, and played a video of the council speaking on the issue on June 15, 2021.
Cynthia McDonald, Costa Mesa, spoke on a summary of Measure Y and Measure K, the effective dates of the ordinances, and spoke on the project going to a vote of the people.
Diana Denny, Costa Mesa, spoke on Measure Y, vertical landscaping, legal language pertaining to not having to go to a vote of the people, concerns on traffic, and light pollution.
Jay Humphrey, Costa Mesa, echoed previous speakers, spoke on the 3% interest rate is too low, the phasing of fees, and requested fees up front and not in 5 years.
Scott Smith, Costa Mesa, requested the project go to a vote of the people, and 3% interest rate is too low.
Speaker, Costa Mesa, spoke on the artwork, visual blight, in opposition of LED signs, explained that vertical landscaping is for sound, encouraged home ownership, spoke on density, and requested the project to go to a vote of the people.
Speaker, played a video from a council meeting on June 15, 2021, and requested the project to go to a vote of the people.
Priscilla Rocco, Costa Mesa, spoke on sending the project to a vote of the people, spoke on increasing the 3% interest rate, and spoke on keeping the vertical landscaping.
65 Minutes – Regular Meeting June 4, 2024 Page 9 of 13
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve staff recommendation.
Council Member Marr requested that the final design of the public art display shall be subject to review and final approval by the Planning Commission, maintain the vertical landscaping requirement, and clarify requirements on the art display and Building A prior to submission.
Council Member Chavez (1st) agreed to the change.
Mayor Stephens requested to add the wording from slide 9 of the presentation regarding allowing the Arts Commission and Planning Commission to relax or eliminate the vertical landscaping requirements where appropriate.
Council Member Chavez (1st) and Council Member Marr (2nd) agreed to the change.
Council Member Reynolds requested phased payments, no later than 5 years or before the issuance of all certificates of occupancy whichever is sooner.
Council Member Chavez (1st) and Council Member Marr (2nd) agreed to the change.
Ms. Hall Barlow, City Attorney, clarified corrections on the proper name to Costa Mesa Sunflower, LLC, will be made on the resolution, ordinances, and development agreement.
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve staff recommendation with the following changes:
Keep consistent with Planning Commission recommendations and maintain Planning Commission as the final approval for the final design of the public art display, maintain vertical landscaping requirement, and clarify requirements on the art display and Building A prior to submission.
Add the wording from slide 9 of the presentation regarding allowing the Arts Commission and Planning Commission to relax or eliminate the vertical landscaping requirements where appropriate.
Phased payments, no later than 5 years or before the issuance of all certificates of occupancy whichever is sooner.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
ACTION:
1. City Council found that the amendments are in substantial conformance with the Final Environmental Impact Report (EIR) for the One Metro West project (State Clearing House No. 2019050014), including a mitigation monitoring program and 66 Minutes – Regular Meeting June 4, 2024 Page 10 of 13 statement of overriding considerations, which was certified by the City Council on May 4, 2021, and that no further environmental review under CEQA is required pursuant to CEQA Guidelines Section 15162.
2. Introduced for first reading, by title only, Ordinance No. 2024-05 approving Development Agreement 20-02, modifying payment of impact fees and community benefits funding from one year to no later than the earlier of either five years from the date of the first issuance of building permit “Construction Date”, or final inspection approval for the project’s last residential unit.
3. Introduced for first reading, by title only, Ordinance No. 2024-06 approving Rezone 20-01.
4. Introduced for first reading, by title only, Ordinance No. 2024-07 approving Specific Plan 20-01.
5. Adopted Resolution 2024-30 amending certain conditions of approval of Resolution 2021-55 regarding the artwork on Building A along the I-405 Freeway.
3. FISCAL YEAR 2024-25 PROPOSED OPERATING AND CAPITAL IMPROVEMENT
PROGRAM AND HOUSING AUTHORITY BUDGET
Presentation by Ms. Molina, Finance Director.
Public Comments:
Speaker, expressed concerns using the park land acquisition funds as the fund is hard to replenish, and spoke on adding more park space.
Speaker, Resilience Orange County, spoke in support of tenants, spoke on a better method of tracking evictions, spoke on a rental registry and mapping out where evictions are taking place and the data to be published.
MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Harlan MOTION: Approve staff recommendation with the following changes:
Incorporate up to $10,000 from the current fiscal year into the Arts and Culture Master Plan budget.
Add the Santa Ana bike lane to the CIP list.
Do not reallocate the $350,000 from the park land acquisition fund, and defer the Open Space Master Plan.
Council Member Gameros requested a 1st time homebuyers plan for Public Safety.
Ms. Farrell Harrison, City Manager, indicated staff will bring the plan back with guidelines at a later date.
Mayor Pro Tem Harlan clarified that Brentwood Park was funded last year and will proceed.
67 Minutes – Regular Meeting June 4, 2024 Page 11 of 13 MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Harlan MOTION: Approve staff recommendation with the following changes:
Incorporate up to $10,000 from the current fiscal year into the Arts and Culture Master Plan budget.
Add the Santa Ana bike lane to the CIP list.
Do not reallocate the $350,000 from the park land acquisition fund, and defer the Open Space Master Plan.
Include a 1 st time homebuyers plan for Public Safety.
The motion carried by the following roll call vote:
Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.
Nays: None.
Absent: Council Member Harper.
Abstain: None.
Motion carried: 6-0
ACTION:
1. City Council approved Resolution 2024-31, adopting the Proposed Fiscal Year 2024-25 Operating and Capital Improvement Program (CIP) Budget; and
2. Approved Joint Resolution 2024-32 adopting the Housing Authority Budget including Housing and Community Development expenditures for Fiscal Year 2024-25; and
3. Authorized and approved staffing as follows:
a. Authorized the following full-time positions: increase of 3.0 FTE for Community Outreach Worker for Homeless Services, decrease of 1.0 FTE Community Outreach Worker for the Tenant Eviction Protection Program, and a decrease of
1.0 FTE Code Enforcement Officer for the Tenant Eviction Protection Program for a net increase of 1.0 FTE as presented at the May 14, 2024 Study Session; and
b. Authorized the following part-time to full-time conversions: Accounting Specialist II in the Police Department for a 0.37 FTE increase due to the increased responsibilities, heavy workload and succession planning purposes, as presented at the May 14, 2024 Study Session; and
c. Authorized a 0.75 part-time Accounting Specialist II in the Finance Department to help support the processing of invoices and a 0.50 part-time Maintenance Worker in the Public Works Department to support the Signs and Markings Program as presented at the May 14, 2024 Study Session; and d. Approved Salary and Classification Updates Resolution 2024-35 (various CMCEA classifications)
4. Approved Resolution 2024-33 establishing the Fiscal Year 2024-2025 Appropriations Limit for the City of Costa Mesa at $310,115,684, by using Orange County’s growth for population adjustment, and the California per capita income growth for inflationary adjustment; and
68 Minutes – Regular Meeting June 4, 2024 Page 12 of 13
5. Approved the City of Costa Mesa’s Revised Special Event Rates; and
6. City Council complied with AB 481 Police Equipment Report and Resolution:
a. Received and filed the 2024 Annual AB 481 Report and took public comment; and
b. Approved Resolution 2024-34 Renewing Ordinance No. 2022-03, the AB 481 Equipment Use Policy of the City of Costa Mesa, California, governing the use of police safety equipment.
OLD BUSINESS: NONE.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS - NONE.
ADJOURNMENT – Mayor Stephens adjourned the meeting at 10:14 p.m. 69 Minutes – Regular Meeting June 4, 2024 Page 13 of 13 Minutes adopted on this 18th day of June, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
70 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-227 Meeting Date: 6/18/2024
TITLE:
CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM AND GRANT FOR COMMUNITY
BASED TRANSIT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR, (714) 754- 5343
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed contract with Circuit Transit, Inc. for the Clean Mobility Options (CMO) Voucher Pilot Program in an amount not to exceed $500,000 annually, for a term of three (3) years after commencement of on-demand transit services.
2. Authorize the City Manager and City Clerk to execute the agreement and future amendments to the agreement within the budgeted amount.
BACKGROUND:
The Clean Mobility Options Voucher Pilot Program is a statewide initiative and grant program that provides voucher-based funding for zero-emission carsharing, carpooling/vanpooling, innovative transit services, and on-demand ride services in California’shistorically underserved communities.
The CMO program goals are as follows:
· Increase clean mobility options for low-income and disadvantaged communities. · Provide community driven mobility solutions throughout the State. · Improve access to clean mobility options that are safe, reliable, convenient, and affordable. · Reduce greenhouse gas emissions and criteria pollutants.
City staff submitted a grant application in August 2023 in cooperation with Circuit Transit Inc. for CMO funds to create and implement an on-demand community shuttle pilot program. On October 9, 2023, the CMO Program Administrator notified the City of their intent to award CMO funds in the amount of $1,500,000 for a three-year grant period ($500,000 per year for three years).
On January 16, 2024, the City Council adopted Resolution No. 2024-01 (Attachment 2) to approve
71 File #: 24-227 Meeting Date: 6/18/2024
On January 16, 2024, the City Council adopted Resolution No. 2024-01 (Attachment 2) to approve participation in the CMO project, accept the funds, comply with the requirements of the program, and authorize the Mayor, or designee, to execute approval of the CMO Voucher. The CMO Program Administration Team provided the draft CMO Voucher Agreement to City staff for review and execution on April 18, 2024. The draft CMO Voucher Agreement has been reviewed by the City Attorney’s Office and is provided as Attachment 1.
On-Demand Transit Services for the CMO Pilot Program would begin in approximately three months following the execution of the proposed contract with Circuit Transit, Inc.
ANALYSIS:
In the application for the CMO Voucher Pilot Program, the City of Costa Mesa proposed to partner with Circuit Transit, Inc., an experienced micro transit vendor, to operate an “on-demand”transit project with an all-electric vehicle fleet. Circuit Transit, Inc. has over ten (10) years of experience providing on-demand transit services with operations in seven (7) states and the District of Columbia, with a team of over 500 in-house, EV trained employees. In Southern California, Circuit Transit has contracts in Huntington Beach, Los Angeles, Long Beach, Seal Beach, Oceanside, Carlsbad, Palm Desert, San Diego, Coronado, Chula Vista, and Catalina Island. In addition, Circuit Transit’scustom proprietary mobile application for requesting rides is available for Androids and iPhones in English and Spanish, with the ability to add additional languages to the platform as needed. Circuit Transit has successful experience operating CMO funded pilot programs, including meeting data reporting requirements and performance metrics.
The project application for the CMO Voucher Pilot Program with Circuit Transit, Inc. included a proposed operations plan and budget for on-demand transit services. Per the project application and proposed contract with Circuit Transit, Inc., the proposed initial operating plan would have a total of three (3) electric vehicles operating up to 10 hours per day, 7 days a week, with adjustments made based on feedback from the public and service data to best align with the needs of the community.
The proposed three electric vehicles consist of two (2) sedans and one (1) ADA accessible van with wheelchair storage space. As per the CMO Voucher Agreement, the proposed operator, Circuit Transit, Inc., would lease the three electric vehicles and the City of Costa Mesa will provide three (3) dedicated parking spaces with charging facilities at the City Corp. Yard as part of the commitment to the CMO pilot program. The electric vehicle charging equipment and installation costs are included as part of the CMO Voucher Pilot Program.
The CMO Voucher Pilot Program provides service to primarily disadvantaged and low-income communities. The proposed service area will be provided primarily in the SB 535 Disadvantaged Communities and AB 1550 Low-income Communities west of Newport Boulevard and connecting these neighborhoods with the West 19th Street Corridor and the 17th Street Corridor.
While less of 17th Street is geographically designated as Disadvantaged or Low-Income, it includes important transit connections to OCTA Route 55, grocery stores, shopping, and job centers. The focus of the service area will be on key destinations for the local population and visitors, including healthcare, transportation hubs, grocery, senior living facilities, and other destinations as determined through community feedback. The City of Costa Mesa will work with the community to identify key hot spots within this geofenced zone. Exhibit 1 provides an exhibit of the proposed service area for the
72 File #: 24-227 Meeting Date: 6/18/2024
CMO voucher pilot program.
Exhibit 1: Proposed Service Area for the CMO Voucher Pilot Program The CMO voucher pilot program provides funding of $500,000 per year for three years, totaling $1.5 million. After three years, the funds for pilot program are expended with no additional available funds from the CMO voucher pilot program. In order for the service to continue, the City would need to identify other funds to sustain the program. The cost estimate to operate the three (3) electric vehicles up to 10 hours per day for 7 days a week is $500,000 per year each and includes vehicle leases, drivers, insurance, program administration, and outreach and marketing.
At the launch of the on-demand transit service, a transit fare is not recommended for all users. Staff will conduct periodic evaluation of the program to gauge performance of the service, including usage, trip cancellations and abuse of service. Based on this evaluation, staff will return to City Council with potential changes to the program which may include charging a nominal fare for the use of service.
Advertising can also be used to support future years of service and saved for continued service.
Advertising could consist of vehicle wraps on the outside of the three service vehicles. It is estimated that approximately $50,000 to $75,000 can be generated with ad revenue from vehicle wraps over the course of three years of the CMO pilot program. Staff recommends opting out of advertising at this time, but to keep advertising in the proposed contract with Circuit Transit, Inc. as an option for consideration in the future.
For future project funds, City staff submitted an application to OCTA Project V Call for Projects on January 25, 2024, to continue the service provided by the CMO Pilot Program at the end of the three- year funding period (FY 24-25 to FY 26-27), with an option to expand the service area by adding a
73 File #: 24-227 Meeting Date: 6/18/2024
year funding period (FY 24-25 to FY 26-27), with an option to expand the service area by adding a sedan and associated driver. Staff have not been notified of the status of the OCTA Project V grant application at this time.
ALTERNATIVES:
The City Council may choose to not approve the proposed contract with Circuit Transit, Inc.
However, this would cause the City to forgo the CMO Voucher Pilot Project grant in the amount of $1,500,000. Staff does not recommend this alternative.
FISCAL REVIEW:
Funding for the proposed contract with Circuit Transit, Inc. is provided by the CMO Voucher Pilot Project grant for $500,000 per year for three years, totaling $1.5 million.
The CMO Pilot Project for On-Demand Transit Services is included in the proposed Fiscal Year 2024- 25 Capital Improvement Projects budget. The CMO voucher pilot project requires the City’s commitment to implement the proposed project. City staff time, including social media advertising and administration is required for the CMO voucher pilot project. In addition, electricity for the three (3) EV chargers and dedicated parking spaces at the City Corp. Yard is required for the CMO voucher pilot project. These additional costs will be absorbed as part of the operating budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report, prepared the proposed contract with Circuit Transit, Inc. and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life. · Advance environmental sustainability and climate resiliency.
CONCLUSION:
Staff recommends the City Council:
1. Approve the proposed contract with Circuit Transit, Inc. for the Clean Mobility Options Pilot Program in an amount not to exceed $500,000 annually, for a term of three (3) years after commencement of on-demand transit services (Attachment 1).
2. Authorize the City Manager and City Clerk to execute the contract agreement and future amendments to the agreement within the budgeted amount.
74 CITY OF COSTA MESA
CONTRACTOR SERVICES AGREEMENT
WITH CIRCUIT TRANSIT INC.
TO IMPLEMENT AND PROVIDE SERVICES
FOR THE COMMUNITY SHUTTLE PROGRAM
This Agreement is entered into effective as of June 18, 2024 (“Effective Date”) by and between the City of Costa Mesa, a municipal corporation (“City”) and Circuit Transit Inc. , a Florida Corporation (“Contractor”), (collectively, the “Parties” and individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, California Air Resources Board’s Clean Mobility Options (CMO) Voucher Pilot Program is a statewide initiative that provides voucher -based funding for zero -emission carsharing, carpooling/vanpooling, bike sharing/scooter -sharing, innovative transit services, and ride-on-demand services in California’s historically underserved communities; and WHEREAS, the City, as the lead applicant, with its collaborative partner, Circuit Transit Inc., applied for CMO funds to create and implement an on- demand Community Shuttle Pilot program (“Shuttle Program”) to serve primarily disadvantaged and low -income communities within the service area shown in Exhibit C in Costa Mesa; and WHEREAS, on October 9, 2023, CMO notified the City of its intent to award CMO funds in the amount of $1,500,000.00 for a 3-year grant period to implement the Shuttle Program; WHEREAS, City desires to use the funding in a manner consistent with the requirements of the CMO program;
WHEREAS, Contractor has over 10 years of experience in California providing neighborhood electric shuttle services; and
WHEREAS the Shuttle Program will provide three electric vehicles operating up to 10 hours per day, 7 days per week; and
WHEREAS, all Shuttle Program expenses will be reimbursed by the California Air Resources Board; and
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor agree as follows:
1. SERVICES
1.1 Required Services. Cont
ractor will timely perform all actions described in attached Exhibit A (the “Required Services”), incorporated into the Agreement by this reference. Time is of the essence for this Agreement.
1.1.1. Representations. Cont ractor warrants and represents that it can and will deliver the Required Services consistent with the time frames and the terms and conditions of this Agreement.
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor, ATTACHMENT 1
75 1
reduce the scope of the Required Services. Upon doing so, City and Contractor will meet and confer in good faith to negotiate a corresponding reduction in the compensation due to Contractor.
1.3 Additional Services. Upon request of City, Contractor shall meet and confer in good f aith to amend the scope of the Required Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. After negotiation in good faith, the Parties will agree in writing upon the appropriate adjustment, if any, to the unit rates and payment amount for the changed or additional Services.
1.4 Standard of Care. C ontractor warrants and agrees that all Required Services shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor or its subcontractors.
1.6 Compliance with Laws . C
ontractor shall comply with all applicable federal, state and local laws, including the Costa Mesa Municipal Code, and take all actions necessary for the City and Contractor to be in compliance with all requirements of the CMO Voucher Program.
1.7 Business License. Pri or to commencement of work, Contractor shall obtain a business license from City.
1.8 Subcontractors . Pr ior to commencement of any work, Contractor shall submit for City’s information and approval a list of all subcontractors to be used by Contractor in the performance of the Required Services. Contractor will ensure that all subcontractors and personnel utilized by the Contractor comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor under this Agreement, Contractor shall ensure that each subcontractor carries out the Contractor’s responsibilities as set forth in this Agreement.
1.09 Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written not ice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect.
1.10 Term. This Agreement shall commence on the Effective Date. Required Services shall commence within ninety (90) days of the Effective Date (“Enter Date”). This Agreement shall terminate 36 months from the Enter Date, unless the City requests Circuit to provide additional services in some or all of Year 4 (months 37 to 48 months from Enter Date), in which case the agreement shall end when all accrued credits are fully utilized. That is, it is anticipated that, as more fully described in Exhibit A, the City might authorize Circuit to collect Fare Revenue and possibly Advertising Revenue, and the Net Fare Revenue and Net Advertising Revenue (if any) will be used to defray the costs of additional services to be provided into Year 4. Notwithstanding 76 2
the foregoing, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor agr ees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line-item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Contractor. Upon r eceipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A.
2.4 Reimbursement of Costs. City may reimburse Contractor’s out-of-pocket costs incurred by
Contractor in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor shall be responsible for all out - of-pocket costs incurred by Contractor in the performance of the Required Services.
2.5 Exclusions. Ci ty shall not be responsible for payment to Contractor for any fees or costs which exceed any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to Contractor’s errors, omissions, negligence, or acts of willful misconduct or those of Contractor’s agents, employees, or subcontractors.
2.6 Payment Not Final Approval . Cont
ractor understands and agrees that payment to the
Contractor or reimbursement for any Contractor costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor of the terms of this Agreement. If City determines that Contractor is not entitled to receive any amount of compensation already paid, City will notify Contractor in writing and Contractor shall promptly return such amount.
3. INSURANCE
3.1 Required Insurance . C
ontractor and any subcontractors shall comply with all insurance requirements (the “Required Insurance”) of the CMO program, as they may be amended from time to time. In particular, Contractor agrees to comply with all requirements stated in Section X of the “Implementation Manual for the Clean Mobility Options Voucher Pilot Program (CMO): Updated December 23, 2022.” Such manual is attached hereto as Exhibit B and is incorporated by this reference.
Any
insurance requirements in such agreement which require insurance, non-contribution, waiver 77 3
of subrogation, being primary insurance, providing insurance, and any other language which protects the State, CALSTART, CARB, or any other related party, shall also apply to protect the Indemnified Parties.
By way of example, and not limitation, section 2.a. on Page 104 requires general liability insurance of no less than $5,000,000, and that such insurance names CALSTART, among others, as additional insured. Such insurance shall also name “the City of Costa Mesa, its elected and appointed officers, agents, employees, and volunteers.” Contractor shall also comply with all other terms of this Section to the extent that they do not conflict with Exhibit B.
The limits of insurance may be satisfied by any combination of primary and umbrella/excess insurance.
3.2 Deductibles and Self-I nsured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Subcontractors. Cont ractor must include all sub-Contractors/subcontractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractors must also comply with the terms of this Agreement.
3.4 General Liability Coverage to be “Primary .”
Contractor’s general liability coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor and in no way relieves Contractor from its responsibility to provide insurance.
3.5 No Cancellation. No
Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor must procure and put into effect equivalent coverage(s).
3.6 Waiver of Subrogation. Contractor’s ins
urer(s) will provide a Waiver of Subrogation in favor
of the City for each Required Insurance policy under this Agreement. In addition, Contractor waives any right it may have or may obtain to subrogation for a claim against City.
3.7 Verification of Coverage. Prior to commencement of any work, Contractor sh all furnish City
with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.8 Claims Made Policy Requirements. I
f General Liability, is provided on a claims -made form, the following requirements also apply:
78 4
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least three (3) years after completion of the work required by this Agreement. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.9 Not a Limitation of Other Obligations. Insurance provisions under this Section do not limit the Contractor’s obligations under this Agreement, including Indemnity.
3.10 Additional Coverage. To the extent that insurance coverage provided by Contractor main tains higher limits or additional types than the minimums appearing in Exhibit B, City requires and shall be entitled to the additional coverage for higher limits maintained.
4. INDEMNIFICATION
4.1. General.
To the maximum extent allowed by law, Contractor shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees, and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against any of the Indemnified Parties City based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This indemnity provision does not include any claims, damages, liability, costs and expenses to the extent caused by the sole negligence or willful misconduct of the Indemnified Parties.
4.2. Not Design Professional Services. The Parties agree that none of the services provided pursuant to this Agreement will be provided by any “design professional,” as defined by California Civil Code section 2782.8, as it may be amended from time to time.
4.3 Costs of Defense and Award . In cluded in Contractor’s obligations under this Section 4 is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, all suits, actions or 79 5
other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for all related legal expenses and costs incurred by any of them.
4.4. Contractor’s Obligations Not Limited or Modified. Contractor’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor. Furthermore, Contractor’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. C ontractor agrees to pay all costs City incurs in enforcing Contractor’s obligations under this Section 4.
4.6 Survival. Contractor ’s obligations under this Section 4 shall survive the termination of this Agreement.
5. REMEDIES
5.1 Termination for Cause. If for any reason whatsoever C ontractor fails to perform the Required Services in a proper or timely manner, or if Contractor violates any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to all other rights and remedies City may have under this Agreement, at law or in equity, City may terminate this Agreement by giving thirty (30) days written notice to Contractor. Such notice shall identify the Default and the Agreement termination date. If Contractor notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor up to fifteen (15) additional days after the designated termination date to effectuate such cure. Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
5.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor of such termination or suspension at least sixty (60) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall immediately cease all work under the Agreement. Contractor shall be entitled to receive just and equitable compensation for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
5.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor hereby expressly waives all claims for damages or compensation due to such termination except as expressly provided in this Section 5.
5.4 Administrative Claims Requirements and Procedures . N o suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in the Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon 80 6
request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
5.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in Orange County, State of California.
5.6 Service of Process. Contractor ag rees that it is subject to personal jurisdiction in California. If Contractor is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor irrevocably consents to service of process on Contractor by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five (5) days after mailing.
6. OWNERSHIP AND USE OF WORK PRODUCT
Al
l reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be jointly owned by the Parties. All Work Product shared with the City will be anonymized. No such Work Product shall be subject to private use, copyright or patent rights by Contractor in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
7. PIGGYBACK CLAUSE
It is understood and agreed by Circuit and the Client that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Circuit, be invoiced therefrom and make its own payments to Circuit in accordance with the terms of the contract established between the new governmental entity and Circuit. It is also hereby mutually understood and agreed that the Client is not a legally bound party to any contractual agreement made between Circuit and any local entity.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor war rants and represents that they have the authority to execute same on behalf of Contractor and to bind Contractor to its 81 7
obligations hereunder without any further action or direction from Contractor or any board, principle or officer thereof.
8.4 Counterparts. Thi s Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement . This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.
8.6 Record Retention. Dur
ing this Agreement and for three (3) years following completion of the Required Services, Contractor agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of subcontractors.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required to carry out the provisions of this Agreement and the intentions of the Parties.
8.8 Independent Contractor . C
ontractor is and shall remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents (“Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or ot her leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor shall not at any time or in any manner represent that it or any of its Contractor Related Individuals are employees or agents of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
8.9 Notices. Al
l notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated i n Exhibit A, or otherwise provided in writing with copy sent by electronic mail.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code 82 8
§§ 1633.1 to 1633.17) as amended from time to time.
8.11. Interpretation. All terms in this agreement shall be interpreted in a manner designed to ensure that Contractor causes the city to be in full compliance with the requirements of the CMO Voucher Program.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
CIRCUIT TRANSIT INC.
By: ___________________________________ Date: __________________________ Daniel Kramer, Director
CITY OF COSTA MESA
By: ___________________________________ Date: __________________________ Lori Ann Farrell Harrison, City Manager
ATTEST
By: ___________________________________ Date: __________________________ Brenda Green, City Clerk
APPROVED AS TO FORM
By: ___________________________________ Date: __________________________ Kimberly Hall Barlow, City Attorney
APPROVED AS TO INSURANCE:
By: ___________________________________ Date: __________________________ Ruth Wang, Risk Management
84 10
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice A. City Contract Administration:
City of Costa Mesa
Raja Sethuraman, Public Works Director
77 Fair Drive
Costa Mesa, CA 92626
714-754-5343
[email protected]
For Legal Notice Copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. / Purchasing
B. Contractor Contract Administration:
Circuit Transit Inc.
12130 Millennium Drive
Los Angeles, CA 90094
562-252-6680
[email protected]
For Legal Notice Copy to:
Circuit Transit Inc.
James Mirras
501 East Las Olas Blvd
Fort Lauderdale, FL 33301
[email protected]
2. Required Services
A. General Description:
Contractor will provide electric transportation services targeted to the Costa Mesa community in the area shown on Exhibit C (“Shuttle Program Project Service Area”) in accordance with the terms and conditions of this Agreement.
B. Detailed Description/Responsibilities of Contractor:
Purpose. Based on the findings of the City’s CMO Application and associated Community Transportation Needs Assessment Community Shuttle program, the City desires to provide all - electric on -demand shuttle services catered to the needs of the local community (the “Shuttle 85 11
Program”) in the Costa Mesa service area ( “Shuttle Program Project Service Area”) shown on Exhibit C. The Shuttle Program has been and will be designed with the community’s input and participation to provide safe, convenient, affordable, and accessible first/last mile connections. The goals of the Shuttle Program will be to improve mobility options for the community, provide connections to public transit and key community services, reduce greenhouse gas emissions, improve air quality, and reduce congestion.
Compliance with CMO Agreement is Paramount Concern
Notwithstanding anything else in this Agreement to the contrary, Contractor shall cause the City and the Contractor to be in full compliance with all requirements of the “Mobility Project Voucher Agreement for City of Costa Mesa for Clean Mobility Options Program” entered into between the City of Costa Mesa and CALSTART, Inc. (the “Mobility Project Voucher Agreement.”).
Contractor warrants that it is knowledgeable of, and will comply with, all requirements of the Mobility Project Voucher Agreement, including all related Exhibits, which are incorporated by this reference. In particular, Contractor is knowledgeable of the “Implementation Manual for the Clean Mobility Options Voucher Pilot Program (CMO): Updated December 23, 2022” attached hereto as Exhibit B. The Parties acknowledge that compliance with all requirements of the Mobility Project Voucher Agreement is a materia l requirement of this Agreement. Any subsequent changes or updates to the CMO Implementation Manual constitute part of this agreement and are incorporated in full into this Agreement by reference. To the extent that any provision of this Agreement would inhibit or prevent compliance with the Mobility Project Voucher Agreement, the latter shall control.
Phasing and Deliverables.
Contractor will operate and implement the Shuttle Program in accordance with all terms and conditions of this Agreement and the Mobility Project Voucher Agreement and provide the following deliverables within the timelines provided below:
Start
Date
Time Period Deliverables
Q2 2024 Planning & Pre
launch: within 100
days after
execution of City’s
contract with
Contractor
• Acquire vehicles and outfit with customizations for service • Hiring and recruitment of staff, including drivers
• Development and launch of app
• Launch of Marketing & Outreach plan (Circuit will work with City and Community Partner to develop and execute a marketing and outreach plan to announce launch of new
service to the community)
86 12
Q3 2024 Year 11:
Project Kickoff &
Launch.
Opening Day
• Commence Year 1 initial service on the designated launch date
• Execute its marketing plan announcing the launch of the new pilot, including any launch event or ribbon cutting with the City.
• Conduct ride-alongs and on-job training with new staff to ensure effectiveness and efficiency of service.
Q3 2024 Year 1:
Operations,
Monitoring &
Reporting and
Adjusting – Initial
Service - Year 1
• Operate two (2) electric sedans and one (1) electric ADA van in furtherance of the Shuttle Program to be funded by CMO
• Monitor key metrics and feedback
• Conduct rider surveys
• Implement ongoing marketing strategy
• Engage in ongoing community outreach
• Sell and execute advertising campaigns
• Communicate with and submit monthly reports to the City team
• Adjust the service as needed/requested
2025 Year 2:
Operations,
Service Expansion
to General Public
• Operate two (2) electric sedans and one (1) electric ADA van in furtherance of the Shuttle Program to be funded by CMO.
• Plan and implement for service expansion
• Plan and implement service extension to the general
public, including rollout timeline.
• Collaborate with City and Community Partner/(s) to
prepare and implement a marketing and outreach plan for announcing service expansion to existing and potential
riders.
2025 Year 2:
Monitoring,
Reporting and
Adjusting -
Expanded Service
• Program monitoring & monthly reporting
• Prepare study developing ridership trends to learn busiest ridership times, request hotspots, etc.
• Conduct rider surveys to learn about rider preferences, needs, and report back to the City with data collected to refine service.
2026 Year 3: Operations • Operate two (2) electric sedans and one (1) electric ADA van in furtherance of the Shuttle Program to be funded by CMO.
1 The term “Year” as used in this Exhibit A denotes year(s) of operation and not the year(s) of grant funding. 87 13
2026 Year 3:
Monitoring,
Reporting and
Adjusting -
Expanded Service
• Program monitoring & monthly reporting
• Prepare a study developing ridership trends to learn the busiest ridership times, request hotspots, etc.
• Conduct rider surveys to learn about rider preferences, and needs, and report back to the City with data collected to refine service.
2027 Some or all of
Year 4:
Operations,
Monitoring, and
Reporting
To be determined
Access to Service. Contractor will allow riders to request rides for the Shuttle Program within a geo-fenced coverage zone through a mobile ride request app available on iOS and Android, or by call-in. The Shuttle Program will include an American with Disabilities Act (ADA) accessible vehicle for riders requiring ADA assistance, which can be indicated in the ride request app or when requested by phone.
Funding. The Parties acknowledge and agree that compensation for the Required Services will be paid by City but only to the extent that City actually receives funding from CMO in accordance with Exhibit A, Section 4, below. The Parties acknowledge and agree that t he Required Services will be funded solely with the funding sources identified below, during the time periods identified below.
Fares as a Credit for Year 4. Contractor will make the Shuttle Program available to the general public within nine ty (90) days of the Effective Date. The Shuttle Program may charge general public users a fare of $1.00 to $2.00 per passenger per ride (each a “Fare”; collectively the “Fares”); such amount (if any) shall be established in the sole discretion of the City. A contactless fare program will be implemented and will accept payment via credit card, debit card, or prepaid card. Contractor will be responsible for collecting any and all Fares and to account for any and all Fares collected. Contractor will provide City with a monthly accounting of a ny and all Fares collected from the Shuttle Program. The City may require an independent audit of the accounting submitted to verify the accuracy of the accounting and the appropriateness of the submittals. The responsibility of payment of the independent audit will be negotiated in good faith by the Parties.
Contractor will apply 70% of the total gross revenue generated from any and all Fares towards future Required Services in the form of a credit to the City. This credit will be applied in Year 4 to offset costs of the Shuttle Program during Year 4 and to provide for continuing support for the Shuttle Program. Contractor will retain the remaining 30% of the total gross revenue generated from any and all Fares for processing and administrative costs. City shall have the option to extend
this Agreement into some or all of Year 4 (months 37- 48 from the enter date) . The City may exercise this option in writing upon ninety (90) days notice prior to the end of Year 3.
Advertising (Optional). At the request of the City, Contractor will to prepare, sell, and execute advertising campaigns in conjunction with the Shuttle Program. Contractor acknowledges and agrees that City’s written approval will be required to enter into any advertising contracts or receipt of any Advertising Revenue (defined below). Contractor further acknowledges and agrees that any advertising prepared, sold, or executed in conjunction with the Shuttle Program must comply with all City policies for advertising, and all other applicable rules, regulations, and laws related to advertising. Contractor will be responsible to collect any and all revenues derived from any advertising campaigns (“Gross Advertising Revenue”) and to account for any and all Advertising 88 14
Revenue.
For purposes of this Agreement, “Net Advertising Revenue” means the gross advertising revenue received less all other direct costs and expenses incurred in obtaining the Gross Advertising Revenue, including, but not limited to advertisement design, production costs, installation and removal costs and customary and reasonable commissions paid to media sales representative.
Contractor agrees that 50% of all Net Advertising Revenue collected will be applied as a credit towards future Required Services, beginning in Year 4. Contractor will provide City with a monthly accounting of any and all Advertising Revenue collected from the Shuttle Program. The City may require an independent audit of the Advertising Revenue accounting submitted to verify the accuracy of the accounting and the appropriateness of the submittals. The responsibility of payment of the independent audit will be negotiated in good faith by the Parties.
Operating Time. Contractor will operate the Shuttle Program 10 hours per day, 7 days per week with three (3) electric vehicles including one (1) ADA van. The Shuttle Program schedule will be aligned with the needs of the community and will be adjusted as directed by the City as the data from the service becomes available. Any expansion of Required Services will be negotiated and may be agreed upon by the parties in an amended Scope of Work.
Destinations. The focus of the service territory will be on key destinations for the Service Area, including healthcare, grocery, public transit stops, and other destinations as determined through community feedback. Over this period, the service will be adjusted and honed to the needs of this community.
CMO Grant. Contractor acknowledges and agrees that City has obtained a grant from the California Air Resources Board, Clean Mobility Options Voucher Pilot Program (the “CMO Grant”) as a source of funding for the Required Services. The grant voucher agreement, and terms and conditions for the CMO Grant are attached hereto and incorporated herein as Exhibit E (collectively, the “CMO Grant Materials”). Contractor agrees that it has read and understand the requirements in the CMO Grant Materials. Contractor agrees to comply, and cause the City to comply, with all requirements, terms, and conditions of the CMO Grant and the CMO Grant Materials, and all related requirements, terms, and conditions of the CMO Grant. Contractor agrees that its failure to comply, or its failure to cause the City to comply, with all requirements, terms, and conditions of the CMO Grant or the CMO Grant Materials, or any related requirements, terms, and conditions of the CMO Grant constitutes a material breach of this Agreement.
Improvements. Contractor shall be responsible for the construction, maintenance, operation, repair, and replacement of any improvements necessary to operate the Shuttle Program. The Parties acknowledge and agree that it is their intent that necessary construction, maintenance, op eration, repair, and replacement of improvements will be subject to reimbursement pursuant to Exhibit A, Section 4 of this Agreement.
C. City Responsibilities
For the Term of this Agreement, City will provide Contractor with electric vehicle storage and parking spaces at no cost to Contractor at a location of City’s choosing. The Parties acknowledge and agree that terms for use, including but not limited to location, of the parking spaces have not yet been finalized. Upon finalization of such terms of use, Contractor acknowledges and agrees that City may require Contractor to enter to additional agreements with the City (e.g., right -of- entry agreements, license agreements) or obtain permits (e.g. construction permits) to memorialize such terms of use.
89 15
City agrees to reasonably assist Contractor with access to Level 2 charging for the electric vehicles as appropriate.
3. [Reserved]
4. Compensation:
A. Form of Compensation
The projected total costs to implement the Shuttle Program on an annual basis are identified in the table below, and in the budget document submitted with the Phase 2 CMO application and included in Exhibit E.
Total Program Costs ($1,500,000.00). Of such costs, a total of $1,482,770 of such costs will be borne by Contractor, and $17,230 shall be borne by the City.
CMO Funding Circuit City of Costa Mesa
Pre-Launch $12,163 $2,035
Year 1 of Service $481,135 $5,565
Year 2 of Service $490,105 $5,565
Year 3 of Service $499,367 $4,065
Year 4 of Service TBD TBD
The Parties acknowledge and agree that any and all payments for Shuttle Program costs will be solely funded by CMO, not the City, for Years 1 through 3 of the Shuttle Program. Contractor acknowledges and agrees that City is only obligated to pay Contractor for the performance of Required Services to the extent that grant funds are approved by the Granting Agencies. Contractor acknowledges and agrees that City shall have no obligation to pay for the Required Services from any other funding source. The amounts stated in the column “City of Costa Mesa” are the amounts of CMO funds expected to be paid to the city from the CMO funds, and the amounts in the Column labeled “Circuit” are expected to be paid to Circuit from the CMO funds..
The Parties agree that 70% of all Fare Revenue accrued during the Term plus 50% of all Advertising Revenue accrued during the Term, shall be credits that will be applied during Year 4 of the Shuttle Program such that the City would not incur any costs in year 4 unless and until all such credits are expended. The parties agree to negotiate in good faith to determine the charge for such service for Year 4. To ensure that City is not required to make any out -of-pocket payments to Contractor which are not covered by the CMO Grant funds, Contractor shall be required to offer to City to provide service on a daily pro- rata basis, based on revenue generated during Year 1-3, and to be agreed upon within three (3) months of the termination of Year 3.
The maximum amount to be paid to the Contractor for services performed during the Term of the Agreement shall not exceed $1,482,770.
90 16
B. Invoicing
Contractor will provide City with a detailed invoice and breakdown by Granting Agency for Required Services performed each month for Years 1 through 3, within thirty (30) days of the end of the month in which the Required Services were performed.
Upon receipt of the invoice, City will review the invoice and pay Contractor for approved amounts, in an amount not -to-exceed forty-two thousand dollars ($42,000), within thirty (30) days. After payment by City, City will seek reimbursement from the Granting Agencies. If City does not receive reimbursement from the Granting Agenci es for any amount paid to Contractor, all such unreimbursed amounts will be offset against future invoices submitted by Contractor. City will provide Contractor with documentation of such non-reimbursement by the Granting Agencies.
Billing Information
Contact Person:
Raja Sethuraman
77 Fair Drive
Costa Mesa CA 92626
Email: [email protected]
In addition to any other remedy available to Contractor for late payments, Contractor shall offset any balance or amounts owed on any credits due to City from Net Fare Revenue or Net Advertising Revenue until such outstanding invoice is paid.
City acknowledges and agrees that Contractor is not required to continue Required Services in the event of the Granting Agencies’ failure to pay the invoice due to Contractor or reimburse City for any amount paid to Contractor. If payment is not received within thirty (30) days of written notice of late payment or if City offsets against future invoices submitted by Contractor, Contractor shall have the right to temporarily reduce and/or suspend Required Services without liability to Contractor until such outstanding invoice is paid in full. If litigation is commenced for collection of late payments, Contractor shall be entitled to recover its reasonable attorneys’ fees and related costs from City.
91 17
EXHIBIT B
IMPLEMENTATION MANUAL FOR THE
CLEAN MOBILITY OPTIONS VOUCHER
P
ILOT PROGRAM (CMO)
UPDATE
D DECEMBER 23, 2022
LINK TO THIS EXHIBIT CAN BE ACCESSED HERE: https://cleanmobilityoptions.org/ wp-content/uploads/2022/12/Final-Implementation-Manual-December-23-2022.pdf 92 18
EXHIBIT C
SHUTTLE PROGRAM PROJECT SERVICE AREA
93 19
EXHIBIT D
CMO GRANT MATERIALS AND VOUCHER AGREEMENT
94 MOBILITY PROJECT VOUCHER AGREEMENT
(Agreement Number MP23W2A-5G)
FOR
City of Costa Mesa
FOR
Voucher Program
EXHIBIT D
95 Table of Contents
1. Complete Agreement ................................ ................................ ................................ ......................... 2
2. Voucher Acknowledgement................................ ................................ ................................ .............. 3
3. Voucher Summary and Contact Information ................................ ................................ .................. 3
4. Agreement Term ................................ ................................ ................................ ................................ 3
5. Performance and Reporting Requirements ................................ ................................ .................... 3
6. General Requirements ................................ ................................ ................................ ...................... 4
7. Motor Vehicles and Micromobility Devices ................................ ................................ .................... 5
8. Infrastructure ................................ ................................ ................................ ................................ ...... 6
9. Planning, Operations, and Maintenance ................................ ................................ ......................... 8
10. Outreach, Communication, and Participation ................................ ................................ ................ 8
11. Budget and Voucher Payments ................................ ................................ ................................ ..... 10
12. Suspension of Payments and Early Agreement Termination ................................ .................... 12
13. Oversight and Accountability ................................ ................................ ................................ ......... 13
14. Modification to Agreement ................................ ................................ ................................ ............. 13
15. Change of Business ................................ ................................ ................................ ........................ 13
16. Notices and Contract Representatives ................................ ................................ ......................... 14
17. Insurance Requirements ................................ ................................ ................................ ................. 15
18. Representations and Certifications ................................ ................................ ............................... 15
19. Confidentiality and Data Security ................................ ................................ ................................ .. 16
20. General Provisions ................................ ................................ ................................ .......................... 19
21. Entire Contract ................................ ................................ ................................ ................................ . 32
22. Authority ................................ ................................ ................................ ................................ ........... 32
Exhibits
A Notice of Intent to Award
B Scope of Work
C Community Resource Contributions
D Phase 1 Application Submission and Attachments (Original) E Phase 2 Application Submission and Attachments (Original) F Approved Resolution
G Conflict of Interest Declaration
H Confidentiality Agreement
I Payment Request Form
J Implementation Manual for the Clean Mobility Options Voucher Pilot Program K Recordkeeping and Reliability Standards for Electric Vehicle Chargers and Charging Stations 96 CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
1 Clean Mobility Options Voucher Program
Mobility Project Voucher
Voucher Agreement
MP23W2A-5G
This Voucher Agreement (hereinafter, “Agreement”) is made and entered between the CALSTART, Inc., whose principal place of business is 48 S. Chester Avenue, Pasadena, California 91106, hereinafter referred to as "Program Administrator" and City of Costa Mesa, whose principal place of business is 77 Fair Drive, Costa Mesa, CA 92626, hereinafter referred to as “Awardee”. Program Administrator and Awardee are at times collectively referred to herein as “Parties.”
Recitals
WHEREAS, on 04/01/2019 CALSTART executed grant agreement G17-CMDC- 01 with the State of California, California Air Resources Board (hereinafter “CARB”).
WHEREAS, CALSTART is a non-profit, public benefit corporation seeking to create quality jobs, support clean air initiatives, enhance the quality of life, especially in disadvantaged communities, and improve America’s global competitiveness through the establishment of an advanced clean transportation industry.
WHEREAS, City of Costa Mesa, qualifies as a voucher applicant per the Implementation Manual for the Clean Mobility Options (hereinafter “CMO”) Voucher Program (hereinafter, “Program”).
WHEREAS, CALSTART desires to contract with City of Costa Mesa for, and [Awardee] desires to provide the services described in the Scope of Work, attached as Exhibit B, and made a part of this Agreement by reference; and,
WHEREAS, City of Costa Mesa represents that it is willing and able to perform the activities set forth herein;
NOW, THEREFORE, based on their mutual promises, covenants, and conditions contained herein and other good and valuable consideration detailed below, the Parties hereby agree as follows:
97 CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
2 CLEAN MOBILITY OPTIONS (CMO) VOUCHER PROGRAM TERMS
1. Complete Agreement
The Complete Agreement between the parties shall consist of the following parts:
• Voucher Agreement (this document)
• Exhibit A: Notice of Intent to Award
• Exhibit B: Scope of Work
• Exhibit C: Community Resource Contributions
• Exhibit D: Phase 1 Application Submission and Attachments (Original) • Exhibit E: Phase 2 Application Submission and Attachments (Original) • Exhibit F: Approved Resolution
• Exhibit G: Conflict of Interest Declaration
• Exhibit H: Confidentiality Statement
• Exhibit I: Payment Request Form
• Exhibit J: Implementation Manual for the Clean Mobility Options Pilot Voucher Program • Exhibit K: Recordkeeping and Reliability Standards for Electric Vehicle Chargers and Charging Stations
Collectively this document, the exhibits and the documents incorporated by reference constitute the complete agreement between the parties.
The Awardee understands the Agreement terms are non -negotiable and agree to abide by all requirements, terms, and conditions of the CMO Voucher Program, which are contained in the Implementation Manual for the Clean Mobility Operations Voucher Pilot Program currently in effect, referred to as Exhibit J in this Agreement, which can also be obtained on the Internet at https://cleanmobilityoptions.org/implementation-manual/. Any subsequent changes or updates to the CMO Implementation Manual constitute part of this agreement and are incorporated in full into this Agreement by reference.
Order of Preference: In the event of any conflict in the Agreement documents, the following shall take precedence:
1) This document, titled “Voucher Agreement”, and future amendments thereto; 2) Exhibit B, Scope of Work;
3) Exhibit D: Phase 1 Application Submission and Attachments (Original); 4) Exhibit E: Phase 2 Application Submission and Attachments (Original); and, 5) Other exhibits to this Agreement.
Under no circumstances shall the Awardee's final plans and specifications relieve the Awardees of any requirement contained in the Agreement unless the Program Administrator has expressly agreed, in writing, to waive the requirement.
98 CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
3 2. Voucher Acknowledgement
This Agreement is funded in whole or in part by a California Air Resources Board (CARB) grant to the Program Administrator under the California Climate Investment (hereinafter “CCI”) program and by the California Energy Commission’s (hereinafter “CEC”) Clean Transportation Program. As such, the Awardee and its sub-Awardees shall fully comply with all applicable grant rules, regulations, and requirements outlined in this Agreement.
3. Voucher Summary and Contact Information
Project Title: Circuit Costa Mesa
Total Funding: $1,500,000.00
Project Lead (Awardee): City of Costa Mesa
Main Contact: Jennifer Rosales
Contact Title: Transportation Services Manager
Address: 77 Fair Drive
City, State, Zip Costa Mesa, CA, 92626
Contact Telephone: 714-754-5180
Authorized Official: Lori Ann Farrell Harrison
Authorized Official Title: City Manager
4. Agreement Term
The Term of this Agreement shall commence the date this Agreement is executed by authorized representatives of both Parties (the “Effective Date”) and shall end (the “End Date”) five (5) years from the Effective Date unless sooner terminated as provided for in Article 20(x) herein or amended by mutual written agreement of both Parties. The Awardee’s performance of work or other expenses billable under this Agreement may not commence until after full execution of this Agreement by authorized representatives of both Parties.
The period of performance includes up to 15 months for project design, planning and construction (Planning and Construction Period), and a minimum of four (4) years of service operation (Project Operation Period). Clean mobility projects funded by this program must be fully operating for at least four (4) years.
5. Performance and Reporting Requirements
A. The Awardee agrees to collect the project data and report to the Program Administrator at least quarterly throughout the 5-year Agreement Term as specified in the Exhibit J.
B. The Awardee agrees to submit an end-of-agreement Final Report within 30 calendar days before the End Date or the project completion date, whichever comes first, pursuant to the Implementation Manual.
99 CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
4 C. The Program Administrator reserves the right to review, comment, and request changes to any report produced as a result of this Agreement and the Awardee agrees to make the changes requested.
D. The Awardee agrees to collect, monitor, and report required project data, including but not limited to, vehicle, bicycle, and other Clean Mobility Options’ specifications, performance, operation, and maintenance data, as specified in Exhibit J. The Awardee agrees to coordinate with the Program Administrator to provide this data and administer surveys to participants to collect usage data and other information during the Agreement Term.
E. The Awardee warrants that it will exercise due care and diligence in the performance of work, and the work shall be fully and finally completed in accordance with this Agreement subject to the Program Administrator's final approval, which the Program Administrator will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standard or correct otherwise defective work that requires re-performance of the work, as directed by the Program Administrator, shall be the responsibility of the Awardee and not the Program Administrator. In the event the Awardee fails to perform in accordance with the above standard:
a) The Awardee will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of the Program Administrator. Any work re-performed pursuant to this Clause shall be completed within the time limitations originally set forth for the specific task involved. The Awardee must meet the task deadline at no additional cost to the Program Administrator.
b) The Program Administrator may, at its own discretion, provide a new schedule for the re- performance of any task pursuant to this paragraph in the event the re-performance of a task within the original time limitations is not feasible.
F. The Program Administrator has the option to direct the Awardee not to re-perform any task which was not performed to the reasonable satisfaction of the Program Administrator pursuant to (a) and (b) above. In the event the Program Administrator directs the Awardee not to re-perform a task, the Program Administrator and the Awardee shall negotiate a reasonable settlement for satisfactory work performed. Any previous payments made by the Program Administrator shall not be considered a waiver of the Program Administrator’s right to reimbursement.
6. General Requirements
A. The Awardee agrees to ensure that all partners and subcontractors agree to all provisions of CMO, implemented through Exhibit J, and to notify CARB and the Program Administrator immediately if the Awardee becomes aware that partners or subcontractors are out of compliance.
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5 B. The Awardee agrees to be available for a site visit, evaluation, review, or an audit of the project by CARB, California Energy Commission (CEC), and/or the Program Administrator at any time during the Agreement Term.
C. The Awardee understands that CARB and the Program Administrator reserve the right to enforce the terms of this Agreement at any time during the Agreement Term.
D. The Awardee agrees to provide the community resource contributions listed in this Agreement to supplement the voucher funding with community investments as specified in the application and this Voucher Agreement (Exhibits D and E).
E. In the event that CALSTART, Inc., is no longer the Program Administrator prior to the end of the Agreement Term, the Awardee agrees to sign the amended Agreement with the new Program Administrator selected by CARB.
F. The Awardee agrees to fulfill California Environmental Quality Act (hereinafter “CEQA”) requirements for each proposed infrastructure installation (e.g., electric vehicle supply equipment or hydrogen refueling station) that is subject to CEQA compliance, as well as permitting and other requirements. Such proposals must adhere to the CEQA requirements specified in Exhibit J.
7. Motor Vehicles and Micromobility Devices
The Awardee agrees to meet the following conditions for vehicles procured or mobility services provided using vehicles under this Agreement. Vehicles include light-duty or medium-duty motorized vehicles, neighborhood electric vehicles, bicycles, scooters, or other micromobility devices.
A. Compliance with all vehicles and micromobility devices requirements specified in Exhibit J.
B. Services, vehicles, micromobility devices, and infrastructure funded by CMO will be maintained throughout the Agreement Term.
C. Approval for a project modification will be secured from the Program Administrator before using vehicles funded by CMO in any way other than described by the project narrative (e.g., the Awardee proposes to introduce a new service model supported by their needs assessment result but not previously identified in the project narrative) per the Awardee’s application (Exhibit D and E).
D. All project vehicles and micromobility devices will be equipped with telematics hardware that allows for recording geospatial utilization data, consistent with data collection requirements specified in Exhibit J.
E. In the event that installation of telematics hardware is found to be infeasible, the Awardee agrees to provide an alternative approach to collect necessary location and usage data to the Program Administrator, who will consider such requests on a case-by-case basis.
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6 F. If the owner of vehicles or micromobility devices (hereinafter “Fleet Owner”) is different from the Awardee, the Fleet Owner must also agree that they will abide by the terms and conditions of this Agreement.
G. In the event the titles of the vehicles purchased with the CMO voucher funds are held by an organization on the program team other than the Awardee, the Fleet Owner must offer to transfer ownership of the vehicle to the Awardee or its designee, at no cost, at the end of the Agreement Term, or at any time during the Agreement that the vehicle owner’s contract with the Awardee is terminated upon approval by the Program Administrator. If a new entity holds the vehicle title, the Awardee must submit evidence to the Program Administrator that this clause has been agreed to by the new vehicle owner and the Awardee.
8. Infrastructure
The Awardee agrees to meet the following conditions for the installation of infrastructure under this Agreement. The installation of infrastructure includes electric vehicle supply equipment (hereinafter “EVSE”), hydrogen refueling stations, bicycle/scooter parking or charging infrastructure, bicycle/scooters safety right-of-way improvement, or signage and wayfinding infrastructure.
A. Infrastructure obtained with CMO funding will be sited in location(s) as specified by the Awardee’s project plan, as approved by the Program Administrator.
B. The Program Administrator will be notified if the Awardee is unable to site the CMO-funded infrastructure in location(s) previously specified by the project plan, as modified by the Program Administrator. The Program Administrator must approve the new proposed location.
C. Compliance with all infrastructure requirements specified in Exhibit J, including CEQA Compliance and Permitting requirements, as listed in Exhibit J and as stated in Planning, Operations, and Maintenance section 9 in this Agreement.
D. Compliance with Assembly Bill 841 (Ting 2020), which requires Electric Vehicle Infrastructure Training Program (hereinafter “EVITP”) certification for the installation of CMO- funded electric vehicle charging infrastructure and equipment. All CMO-funded electric vehicle charging infrastructure and equipment located on the customer side of the electrical meter shall be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an EVITP certification. Projects that include the installation of a charging port supplying 25 kilowatts or more to a vehicle must have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold EVITP certification. One member of each crew may be both the contractor and an EVITP-certified electrician.
The Awardee must submit proof to the CMO Program Administrator of the required EVITP certification before performing any installation work described above. Proof of EVITP certification shall include the following:
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
7 a) AB 841 certification that certifies the project has complied with all AB 841 requirements or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by the Awardee’s authorized representative.
b) EVITP Certification Numbers of each EVITP-certified electrician that installed electric vehicle infrastructure of equipment if AB 841 requirements apply to the project.
c) For all electric vehicle chargers and charging stations installed on or after 1/1/2024:
compliant with recordkeeping and reporting standards as described in CEC's regulations, developed under AB 2061.
The requirements stated above do not apply to any of the following:
a) Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility.
b) Electric vehicle charging infrastructure funded by monies derived from credits generated from the Low Carbon Fuel Standard Program (Sub article 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).
c) Single-family home residential electric vehicle chargers that can use an existing 208/240- volt outlet.
E. Compliance with the recordkeeping and reporting standards established under Assembly Bill 2061 (Ting, Chapter 345, Statues of 2022) and Assembly Bill 126 (Reyes, Chapter 319, Statutes of 2023) (Pub. Resources Code, §25231.5) for electric vehicle chargers or charging stations installed on or after January 1, 2024.
a) Compliance with recordkeeping and reporting standards as described in CEC’s regulations. These requirements are not applicable to those electric vehicle chargers and charging stations installed at residential real property containing four or fewer dwelling units.
b) Compliance with all industry best practices and charger technology capabilities that are demonstrated to increase reliability, as described in CEC’s regulations.
c) Compliance with any other regulatory requirements, including but not limited to uptime requirements and operation and maintenance requirements.
d) If the Awardee is an electric vehicle service provider or other third-party entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a disclosure to the site host about the site host’s right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The Awardee shall verify receipt by signing the disclosure.
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8 F. For infrastructure obtained with CMO funding that is not completely sited on the Project Lead’s owned property and obtrusive to property not owned by the Project Lead, the Awardee will obtain and keep written approval from the property owner (including public agencies if relevant);
G. Infrastructure obtained with CMO funding will be maintained in good repair and in accordance with the manufacturer’s recommended use and maintenance through the minimum 4-year project operation period.
9. Planning, Operations, and Maintenance
A. The Awardee agrees to ensure services are delivered in accordance with the safety and accessibility requirements specified in Exhibit J.
B. The Awardee agrees to develop, administer, and maintain a user-friendly vehicle reservation or ride request system as specified in Exhibit J.
C. The Awardee agrees to provide payment options for end-users that do not have bank accounts with associated debit cards or credit cards, such as cash exchange, pre-paid debit cards, or payment through a cloud-based wallet that can be loaded through in-person payment.
D. The Awardee understands hours of operation must be clearly designated and agrees to operate services during hours readily available to residents based on needs assessment results. It is recommended that services should be available to users at least 5 days a week and at least 12 hours per service day.
E. The Awardee agrees to ensure that no more than 20 percent of the committed fleet (including micromobility devices) or charging infrastructure will be out of service at one time during designated hours of operation, and no single motor vehicle in the fleet will be out of service for more than one week at a time. The Awardees must report vehicles and chargers out of service and fleet size in quarterly reports, consistent with CMO Data Collection Requirements herein and in Exhibit J.
F. The Awardee agrees to develop policies and procedure documents and flow charts that describe administrative actions for evaluating and processing participants, reservations, vehicle maintenance, and data gathering and reporting.
G. The Awardee agrees to fulfill California Environmental Quality Act (CEQA) requirements described in section 6 (F) herein.
10. Outreach, Communication, and Participation
A. The Awardees must ensure that key documents, platforms, and customer services are available in commonly-spoken languages in the project area, as determined through census data and community engagement. Key resources to be provided in commonly-spoken languages may include, but are not limited to:
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9 a) End user terms and conditions of service
b) Privacy policies
c) User manuals
d) Mobile software applications
e) Outreach and marketing materials
f) Customer service materials
B. The Awardee agrees to conduct all community outreach and education events as specified in Exhibit B in accordance with stipulations set forth in Exhibit J.
C. The Awardee agrees to follow instructions outlined in the CMO Awardee General Branding and Communications Toolkit when publicly communicating about the program, including displaying the CMO Program logo, the CCI logo and the California Energy Commission (CEC) logo on all outreach and education materials. The Awardee agrees to acknowledge the CCI program as a funding source from CARB’s Low Carbon Transportation program and the Clean Transportation Program (CTP) as a funding source whenever projects funded, in whole or in part by this Agreement, are publicized in any news media, websites, brochures, publications, audiovisuals, or other types of promotional material using the program funding language provided in the CMO Awardee General Branding and Communications Toolkit.
D. The Awardee understands and agrees that all outreach materials, project websites, press releases and press events must receive prior approval from the Program Administrator.
E. The Awardee understands and agrees that the Program Administrator may use the Awardee organization name, the Awardee partner organization names, and any descriptive language and/or branding and imagery used in the application and/or in the execution of the voucher during CMO program activities and events for use in educational or promotional materials in print, multimedia, or web form. Language, branding, imagery, and/or photos and videos will only be used for purposes related to the CMO program.
F. The Awardee understands and agrees to participate in Clean Mobility Equity Alliance (hereinafter “CMEA”) events, training, and meetings as required by the Program Administrator or CARB.
G. The Awardee understands and agrees to coordinate with other CARB’s Low Carbon Transportation Investment Projects, including the Access Clean California Project, Sustainable Transportation Equity Project (hereinafter “STEP”), and Clean Mobility In Schools (hereinafter “CMIS”). Where applicable, the Awardee understands and agrees to coordinate with other CEC Clean Transportation Program Projects, including the California Electric Vehicle Infrastructure Project (CALeVIP), Communities in Charge (CIC), and Energy Infrastructure Incentives for Zero-Emission Commercial Vehicles (EnergIIZE).
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10 11. Budget and Voucher Payments
A. Budget Amount
a) In accordance with the actual costs summarized in the Budget Categories in Exhibit B, the Awardee will be reimbursed for actual costs incurred in an amount not to exceed one million five hundred thousand and 00/100 dollars ($1,500,000).
b) Subject to prior written approval from the Program Administrator, budget line-item shifts of up to 25 percent of the Voucher Funds may be made during the Term, as long as the total voucher amount is unchanged and all other voucher redemption requirements are met. If the line-item shift is more than 25 percent, the Awardee must justify the reason for the amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the Parties, and approved as required. All line-item shifts must be consistent with Exhibit B (Attachment I).
B. Voucher Payments for Awardees with Cost-Based Payments
a) Payment shall be submitted for actual costs incurred in accordance with the budget in Exhibit B and policies and requirements described in Exhibit I and will be contingent upon the availability of funds received by Program Administrator from CARB.
b) Program Administrator shall promptly notify the Awardee in the event funds are not available and Program Administrator shall have no liability to pay any funds whatsoever to the Awardee or to provide any other considerations under this Agreement. Program Administrator will pay the Awardee within 10 days after Program Administrator receives payment of invoices submitted from CARB.
c) Payments made under the Agreement will be subject to the approval of the Awardee status reports by the Program Administrator and CARB, which reports shall clearly summarize actual costs to be reimbursed in accordance with Budget Categories in Exhibit B. Costs submitted for reimbursement that exceed Budget Categories (Direct Labor, Travel, Indirect Costs, etc.) will not be paid until a budget amendment is submitted and approved. Billings will be submitted no less than quarterly, but no more than monthly in a format consistent with the Payment Request Form (Microsoft Excel file format) that will be furnished to the Awardee by the Program Administrator.
d) All costs submitted for reimbursement must be supported by sufficient relevant documentation:
i. Personnel Costs: Each staff position billed will be listed individually to include the name, title, number of hours worked, and hourly rate. Labor hours billed will be supported by time records and documentation will be submitted supporting actual hourly labor rates. Payroll registers and/or other third-party documents supporting actual payroll will be provided upon request.
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11 ii. Travel Costs:
1. The Awardee headquarters shall be considered the location of the Awardee's office where the employees’ assigned responsibilities for this award are permanently assigned.
2. Travel costs submitted for reimbursement will be itemized on a listing providing information about the date traveled; origin and destination; individuals traveling; and purpose of business travel.
3. All travel costs billed will be supported by itemized receipts and/or invoices.
4. Travel costs reimbursed will be limited to the maximum per diem amounts set by the California Department of Human Resources (hereinafter “CalHR”) at http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.
iii. All other direct costs, including Subcontractor costs, shall be itemized on the invoice and supported by sufficient relevant documentation such as a vendor invoice, receipt or other pertinent third-party provided documentation verifying amounts billed and/or reported as matching cost. Purchases exceeding $2,500 not in the original budget must be pre-approved by the Program Administrator in writing. Copies of cancelled checks will be supplied upon request.
e) Applicable non-labor rates used for billing purposes, including, but not limited to, fringe benefit, overhead, and General and Administrative (hereinafter “G&A”) rates, will be supported by the methodology in which the rates are derived and applied. An approved cost rate agreement negotiated with a Federal cognizant agency or the Federal de minimis rate used in accordance with § 200.414(f) of 2 CFR 200 will suffice.
f) The following costs are not allowable under any circumstances:
i. Food and alcoholic beverages
ii. Childcare
iii. Fines and penalties
iv. Litigation and other legal costs
v. Lobbying or other costs for the purposes of influencing election outcomes, referendums, or legislation
g) The Program Administrator will disallow payment of costs not supported by sufficient relevant documentation. The Awardee shall bear all costs and expenses incurred that are not in accordance with the term and conditions of this Agreement unless the Program Administrator, in consultation with CARB, determines otherwise. The Awardee shall not request payment for ineligible costs (see section 11(B)(f) above).
h) The Awardee shall maintain records, documents, and other evidence supporting all allowable costs incurred or anticipated applicable credits, and the receipt, use, and disposition of government or Program Administrator property coming into the 107
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12 possession of the Awardee under this Agreement. The accounting system employed by the Awardee shall be in accordance with generally accepted accounting principles and best business practices, consistently applied.
i) Upon completion or termination of the Agreement, the Awardee shall submit the final invoice (if any) no later than thirty (30) days after such completion or termination date.
The invoice shall be clearly marked as “FINAL” and prepared as indicated above.
j) Each invoice must provide the agreement number, period covered by invoice, and the Awardee’s Employer Identification Number, and be submitted via email to [email protected], or U.S. Postal Service using the following address:
Attention: Clean Mobility Options
CALSTART, Inc.
48 S Chester Avenue
Pasadena, CA 91106
C. The Awardee agrees and understands to prohibit using voucher funds to aid or support a sectarian purpose pursuant to California Constitution, article XVI, section 5. The Awardee also agrees to prohibit using voucher funds to aid or support a sectarian or denominational school or any school not under the exclusive control of the officers of the public schools pursuant to California Constitution, article IX, section 8. CARB and the Program Administrator reserve the right to obtain additional information from the Awardee to determine compliance with California Constitution, article XVI, section 5 and article IX, section 8. Failure to provide any requested information may result in denial of funding.
12. Suspension of Payments and Early Agreement Termination
A. The Program Administrator reserves the right to issue a suspension order (stop work order) at any time and for any reason. If issued, a suspension order will be in effect until the dispute has been resolved or the Agreement has been terminated. Upon issuance of the suspension order, the Awardee shall stop all work, unless otherwise specified in the suspension order. Failure to comply with the terms of the suspension order is a material breach of this Agreement and will subject the Awardee to liquidated damages. The Awardee shall resume work only upon receipt of written instructions from the Program Administrator.
B. In the event the Awardee chooses to continue to work on the project after a suspension order has been issued, the Awardee will not be paid for milestones completed or expenditures incurred during the suspension.
C. If CARB rescinds the suspension order and does not terminate the Awardee’s Agreement, the Program Administrator will pay completed milestones during the suspension that are payable in accordance with the terms of the Awardee’s Agreement.
D. In accordance with article 20(GG) (Termination), the Program Administrator reserves the right to terminate the Agreement upon 30 calendar days written notice to the Awardee. Upon 108
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13 termination, all remaining funds must be immediately returned to the Program Administrator.
13. Oversight and Accountability
A. The Awardee shall comply with all oversight responsibilities set forth in Exhibit J.
B. If the Awardee detects any actual or potential activity associated with the circumstances described in section 13.C (e.g., falsification, misspending, etc.) by any third parties, including but not limited to the Awardee’s contractors, subcontractors, sub-awardees, consultants, employees, agents, affiliates, officers, directors or representatives, the Awardee shall notify CARB and the Program Administrator immediately and work with the Program Administrator to determine an appropriate course of action. The Awardee shall fully cooperate and work with CARB to investigate, resolve and take appropriate action to enforce the terms and conditions of this Agreement, including appropriately prosecuting or litigating any civil or criminal claims as determined necessary by CARB or its representative.
C. CARB or its designee reserves the right to recoup any voucher funds that were awarded pursuant to this Agreement due to falsification, misspending, misinformation, misappropriation, fraud, negligence, non-compliance with program requirements or applicable laws, or other related circumstances by the Awardee, contractors, subcontractors, sub-awardees, consultants, employees, agents, affiliates, officers, directors or representatives. In the event that CARB determines that recouping voucher funds is necessary under the aforementioned circumstances, the Awardee agrees to return all voucher funds requested, including any interest earned, within sixty (60) days of written notification from CARB. In addition, CARB may seek other remedies available by law. CARB reserves the right to prohibit any entity from participating in existing or future CARB programs, projects, or grants due to non-compliance with the Agreement or Program requirements, or due to misinformation, misrepresentation, or fraud.
14. Modification to Agreement
Any modification to this Agreement must be mutually agreed upon and in writing, fully executed by authorized representatives of both Parties, before it is effective. Any action taken by the Awardee that is not within scope of the Agreement without authorized modification to this Agreement is deemed not authorized and Program Administrator may prohibit such costs from being claimed as reimbursable hereunder.
15. Change of Business
Change in Business – The Awardee shall promptly notify Program Administrator of the occurrence of each of the following:
A. A change to the Awardee’s address.
B. A change in the Awardee’s business name or ownership.
C. The existence of any litigation or other legal proceeding affecting the project.
D. The occurrence of any casualty or other loss to project personnel, equipment, or third parties of a type commonly covered by insurance.
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Voucher Agreement
14 E. Receipt of notice of any claim or potential claim against the Awardee for a patent, copyright, trademark, service mark, and/or trade secret infringement that could affect the Program Administrator’s, and/or CARB’s and CEC’s rights.
The Awardee shall not change or reorganize the type of business entity under which it does business except upon prior written notification to the Program Administrator. A change of business entity or name change requires an amendment assigning or novating the Agreement to the new entity. In the event the Program Administrator is not satisfied that the new entity can perform as the original Awardee, the Program Administrator may terminate this Agreement as provided in Article 20(GG).
16. Notices and Contract Representatives
All notices that are required under this Agreement shall be provided in the manner set forth herein unless specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Monday-Friday) and delivered prior to 5:30 pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U.S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery).
CALSTART
For legal and contract matters: For program matters:
Piero Stillitano, CFO Nour Katabi, Project Manager II
CALSTART, Inc. CALSTART, Inc.
48 S. Chester Avenue 48 S. Chester Avenue
Pasadena, CA 91106 Pasadena, CA 91106
Phone: 626-744-5608 Phone: 626-744-5603
Email: [email protected] Email: [email protected] City of Costa Mesa
For legal and contract matters: For program matters:
Jones Mayer, City Attorney Jennifer Rosales, Transportation Manager City of Costa Mesa City of Costa Mesa
3777 N. Harbor Blvd. 77 Fair Drive
Fullerton CA, 92835 Costa Mesa, CA 92626
Phone: (714) 754-5399 (714) 754-5180
Email: [email protected] [email protected] 110
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15 17. Insurance Requirements
The Awardee, and its sub-awardees as well as its contractors and subcontractors who are preforming work under this Agreement shall comply with all insurance requirements outlined in Exhibit J, providing the Program Administrator with evidence of required coverages upon Agreement execution and upon request thereafter. After the voucher is awarded, failure to provide the certificate within 60 days from the voucher execution date may result in the termination of the Agreement. The Awardee understands no work shall begin, and no payments will be made under this Agreement, until the Awardee and sub-awardees, contractors, and subcontractors fully comply with all applicable insurance requirements and sufficient evidence of coverage, such as a certificate of insurance, is provided.
The Awardee is responsible for submitting evidence of insurance for the Awardee and its sub- awardees, contractors, and subcontractors annually to the Program Administrator, or upon request, until the end of the Agreement Term.
18. Representations and Certifications
A. The Awardee has, and will have, full authority to execute this Agreement; and to provide the Services that it agrees to provide under this Agreement according to the terms set forth herein. Each person executing this Agreement on behalf of a party represents that he or she is duly authorized to execute and deliver this Agreement on that party’s behalf.
B. The Awardee is either a public agency, non-profit organization, or tribal government consistent with applicant eligibility as defined in Exhibit J.
C. This Agreement is legally valid, binding and enforceable against the Parties.
D. The Awardee personnel will comply with all applicable laws, rules and regulations governing the performance of each of their respective obligations under this Agreement and shall maintain, requisite licenses, registrations, approvals and exemptions required to perform obligations under this Agreement.
E. The Awardee will ensure that all its personnel will comply with its obligations under this Agreement in a timely fashion, consistent with best practices in the industry.
F. The Awardee certifies that there is no material threatened or pending legal proceeding or government action to which it is a party or to which any of its property is subject, which could materially and adversely affect its ability to enter into this Agreement and/or perform all of its obligations hereunder.
G. The Awardee will ensure that the Awardee personnel have appropriate experience, qualifications and expertise to perform the Services according to Exhibit B. The Awardee agrees that only licensed professionals will be used to perform services or conduct work under this Agreement where such services are called for and where licensed professionals are required for those services under California law.
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16 H. The Awardee certifies that it has appropriate systems and controls in place to ensure that the equipment, materials and products provided by the Awardee, and its sub-awardees, contractors, and subcontractors, during performance of this Agreement will not infringe on any patent, copyright, trademark, related licenses, or other intellectual property.
19. Confidentiality and Data Security
In addition to the confidentiality obligations set forth in Exhibit H and Exhibit J, it is expressly understood and agreed that information the Awardee collects, generates, or acquires on behalf of the Program Administrator in performing its obligations under the Agreement may be deemed confidential by the Program Administrator, and therefore, the Awardee agrees to:
A. Treat and protect such information or data, including but not limited to all participant records and supporting documentation that personally identifies or describes an individual or individuals (or Personal Identifying Information (“PII”)), as confidential in accordance with California Information Practices Act (California Civil Code Sections 1798, et seq.) and other relevant State or Federal statutes and regulations.
B. Observe complete confidentiality with respect to such information or data collected, generated, or acquired pursuant to the Agreement, including without limitation, agreeing not to disclose or otherwise permit access to such information by any other person or entity in any manner whatsoever unless such disclosure is required by law or legal process.
C. Subject to section J below, the Awardee must acknowledge the confidential nature of information described in section A above; and, ensure that the Awardee, its employees, affiliates, officers, agents, and assigns (i) are informed of the confidential nature of such information; and, (ii) by agreement or otherwise, are prohibited from copying, revealing, or utilizing, for any purpose other than fulfillment of this Agreement, the contents of such information or any part thereof, or from taking any action otherwise prohibited under any provision or section of this Agreement.
D. Sign all non-disclosure and confidentiality agreements provided by CARB, and shall require employees, contractors, and subcontractors to do the same when requested by CARB.
E. Limit access to information and data collected, generated, or acquired pursuant to this Agreement only to necessary employees, agents, and contractors to perform their duties in fulfillment of the Agreement provisions.
F. Notify the Program Administrator immediately and in writing of the circumstances surrounding any possession, use, or knowledge of such information or any part thereof by any person or entity other than those authorized by this section.
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17 G. Report any lost or stolen information, data, or equipment developed, purchased, or collected pursuant to this Agreement to CARB immediately, and to state or federal officials where required by applicable laws. The Awardee agrees that CARB has the right to participate in the investigation of a security incident involving such suspected or actual release or breach of confidential information, including PII, or to conduct its own independent investigation, and that the Awardee shall cooperate fully in such investigations. If applicable law requires or if CARB determines that notice to the individuals whose data has been lost or breached is needed, then the Awardee shall provide all such notification and will bear any and all costs associated with the notice or any mitigation selected by CARB. The Awardee agrees that it shall be responsible for all costs incurred by it and by CARB due to a security incident resulting from any act or omission of the Awardee or any of its employees, agents, officers, directors, affiliates, representatives, consultants, contractors, subcontractors or sub-awardees, including any acts or omissions resulting in an unauthorized disclosure, release, access, review, or destruction of data or information; or loss, theft or misuse of information or data developed or gathered pursuant to this Agreement. These costs include, but are not limited to, staff time, material costs, postage, media announcements, credit monitoring for impacted individuals, and other identifiable costs associated with the breach or loss of data.
H. Store all records in a secure and safe storage facility that maintains confidentiality and provides fire and natural disaster protection.
I. Retain files during the Term of the Agreement plus five years and do not transmit them to any outside entity during this time except as otherwise approved by CARB.
J. Transfer all project records, including the original records and all copies thereof, to CARB or the Program Administrator at the end of the five-year window described in section G above or upon termination, unless otherwise instructed by CARB.
K. Not use any data or information, or any part thereof, obtained as part of the Agreement in the performance of services to others or for the benefit of others in any form whatsoever whether gratuitously or for valuable consideration without CARB’s written consent.
L. If the Awardee believes disclosure of a confidential record may be required under the California Public Records Act (California Government Code Section 7920 et seq.) or other law, the Awardee shall give CARB at least fourteen (14) calendar days written notice prior to any planned disclosure so that CARB can seek, solely at CARB’s discretion, an order preventing disclosure from a court of competent jurisdiction. The Awardee agrees that it will not challenge, or authorize or endorse any challenge to, any action or request by CARB to obtain a protective order or other court order to prevent the release of any information. The Awardee agrees that it shall immediately notify and work cooperatively with CARB to respond timely and correctly to any and all public record requests.
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18 M. Provide CARB all pass phrases or passwords used for private keys to encrypt data used, produced, or acquired in the course of performing duties under this Agreement.
N. Ensure that confidential, sensitive, and/or PII information shall be encrypted in accordance with California State Administrative Manual section 5350.1 and California Statewide Information Management Manual section 5305-A.
O. Assume all responsibility and liability for the security and confidentiality of the PII and other confidential information under its control.
P. Adhere to all CARB confidentiality, disclosure, and privacy policies.
Q. Certify, represent and warrant that:
a) Its data and information security standards, tools, technologies, and procedures are sufficient to protect such information and data;
b) It is in compliance and shall remain in compliance at all times during the Agreement Term with the following requirements and obligations:
I. The California Information Practices Act (Civil Code Sections 1798 et seq.);
II. Current NIST special publications 800-171 Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations. Third-party audit results and the Awardee’s plan to correct any negative findings shall be made available to CARB upon request;
III. Undergo an annual Statement on Standards for Attestation Engagements (SSAE) No. 16 Service Organization Control (SOC) 2 Type II audit. Third- party audit results and the Awardee’s plan to correct any negative findings and implementation progress reports shall be made available to the CARB upon request; and
IV. Privacy provisions of the Federal Privacy Act of 1974;
c) Compliance with industry standards and guidelines applicable to the work performed under the Agreement. Relevant security provisions may include but are not limited to: Health Insurance Portability and Accountability Act of 1996, IRS 1075, Health Information Technology for Economic and Clinical (HITECH) Act, Criminal Justice Information Services (CJIS) Security Policy, Social Security Administration (SSA) Electronic Information Exchange Security Requirements, and the Payment Card Industry (PCI) Data Security Standard (DSS) as well as their associated Cloud Computing Guidelines
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19 20. General Provisions
A. ADA: Americans with Disabilities Act (hereinafter “ADA”) Language. The Awardee must ensure that all products and services submitted to, uploaded, or otherwise provided to or funded by CARB or made available to the public by the Awardee and/or its contractors, subcontractors or sub-awardees, including but not limited to data, software, plans, drawings, specifications, reports, operating manuals, notes and other written or graphic work prepared in the course of performance of this Agreement, including Status Reports (collectively, the “Work”), comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794, subd. (d)) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194) (collectively, the “Accessibility Requirements”). For any Work provided to CARB or the public in PDF format, the Awardee, along with its contractors, subcontractors and sub-awardees, shall also provide an electronic version in the original electronic format (for example, Microsoft Word or Adobe InDesign). CARB or the Program Administrator may request from the Awardee documentation of compliance with the requirements described above and may perform testing to verify compliance. The Awardee agrees to respond to and resolve any complaint brought to its attention regarding accessibility of materials provided under this Agreement.
a) The Awardee must bring into compliance, at no cost to CARB or the Program Administrator, any Work by the Awardee, or its contractors, subcontractors, and sub- awardees, not meeting the Accessibility Requirements. If the Awardee fails to bring the Work into compliance with the Accessibility Requirements within five (5) business days of issuance of written notice from CARB or the Program Administrator, or within the time frame specified in said written notice, then the Awardee will be responsible for all costs incurred by the Program Administrator and/or CARB in bringing the Work into compliance with the Accessibility Requirements. The Awardee agrees to respond to and resolve any complaint brought to its attention regarding accessibility of deliverables provided under this Agreement for a period of one year following delivery of the final deliverable under this Agreement.
b) Deviations from the Accessibility Requirements are permitted only by advance written consent by CARB in each instance.
B. Amendment: This Agreement may only be amended by a written amendment to this Agreement which has been fully executed by authorized representatives of both Parties.
C. Assignment: The Agreement is not assignable by the Awardee, either in whole or part, without the consent of CARB and the Program Administrator.
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20 D. Assurances: The Program Administrator reserves the right, but not the obligation, to seek further written assurances from the Awardee and any of the Awardee’s contractors, subcontractors, employees, agents, officers, sub-awardees or affiliates, that the work performed under this Agreement will be performed consistent with the terms and conditions of this Agreement.
E. Audits: The Awardee agrees that CARB, CEC, the California Department of General Services, the California Department of Finance, the California State Auditor, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Awardee and all State funds received. The Awardee agrees to maintain such records for possible audit for a minimum of five (5) years after the term of the Agreement is completed unless a longer period of records retention is agreed to in writing by the Program Administrator and the Awardee. The Awardee agrees to allow auditors access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Awardee agrees to include in all agreements, contracts and subcontracts, language identical to or similar to this paragraph to ensure auditors have the ability and right to audit records and conduct interviews of any and all sub-awardees, contractors, consultants and subcontractors in relation to performance or use of the voucher funds under this Agreement.
F. Availability of funds: CARB’s and the Program Administrator’s obligations under the Agreement are contingent upon the availability of funds. In the event funds are not available, the Program Administrator and the State shall have no liability to pay any funds whatsoever to the Awardee or to furnish any other considerations under the Agreement or for any other reason.
G. Awardee’s responsibility for work: The Awardee shall be responsible for work and for persons or entities engaged in work, including, but not limited to, agents, employees, representatives, affiliates, sub-awardees, contractors, subcontractors, suppliers, and providers of services. The Awardee shall be responsible for any and all disputes arising out of its contract for work on the project, including but not limited to payment disputes with contractors, subcontractors, and providers of services. Neither CARB nor the Program Administrator will mediate disputes between the Awardee and any other entity concerning responsibility for the performance of work. All subcontracts must be submitted to CARB or the Program Administrator upon request for review prior to execution. CARB may also request them during or after the Agreement Term and the Awardee agrees to provide them within five (5) calendar days. Nothing contained in this Agreement or otherwise creates any contractual relation between CARB and any subcontractors of the Awardee, and no subcontract may relieve the Awardee of its responsibilities under this Agreement. The Awardee shall only distribute CMO voucher funds on a reimbursement basis and shall not use voucher funds for advance payments to contractors, subcontractors, service providers, suppliers, sub-awardees, or other third parties.
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21 The Awardee and third party agreements must, at a minimum, incorporate all of the following:
a) A clear and accurate description of the material, products, or services to be procured.
b) A detailed budget and timeline.
c) Provisions that allow for administrative, contractual, or legal remedies in instances where the Awardee or third party violates or breaches contract terms, and provides for such sanctions and penalties as may be appropriate.
d) Provisions for termination by the Awardee, including termination procedures and the basis for settlement.
e) A statement that further assignments will not be made to any third party or subsequent tier subcontractors without advance written consent of CARB.
f) Language conforming to Infrastructure requirements for Compliance with Assembly Bill 841 (Ting 2020) and all of General Provisions of this Agreement.
Without limiting any of CARB’s other remedies, failure to comply with the above requirements is a material breach of this Agreement and grounds for immediate termination.
H. Compliance with laws, regulations, etc.: The Awardee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and State laws, rules, guidelines, regulations, and requirements of the Agreement.
I. Computer software: The Awardee certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of the Agreement for the acquisition, operation, or maintenance of computer software violation of copyright or other intellectual property laws.
J. Conflict of Interest: Government Code Section 87104 prohibits public officials of CARB, which includes any member, officer, employee, or consultant of a CARB advisory body, from making a formal or informal appearance before, or oral or written communication to CARB for the purpose of influencing a decision by CARB on a grant or other entitlement for use, such as a contract, loan, license, or permit. Prohibited communications include grant applications, letters, emails, phone calls, meetings, or any other form of oral or written communication within or outside of a public committee meeting with CARB, or CARB staff, for the purpose of influencing a CARB decision on an application for funding submitted to CARB. A knowing or willful violation of this section may result in a member being guilty of a misdemeanor and fined up to the greater of $10,000 or three times the amount of an amount unlawfully received. If a court determines a violation occurred and that the official action might not otherwise have been taken or approved if not for the prohibited communication, the grant may be voided. (See Gov. Code §§ 91000, 91003).
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22 a) For this reason, CARB officials, including but not limited to advisory body members, also may not be a signatory, or administrator on a grant application, or on any resulting grant agreement. Such individuals should not be listed on the grant application except as necessary to show their role in the organization.
b) Note that an advisory body member's organization may continue to be eligible for a grant.
However, the grant must not follow any communications for purposes of influence by the advisory body member on CARB's decision on that grant agreement. Additionally, that organization would need to identify a different member of the organization to sign or be the administrator for any applications and awarded grants.
c) Please also note that applications from organizations affiliated with CARB Board members may require additional review and Board approval. Although CARB will make every effort to obtain required review and approval in a timely manner, this may delay grant execution and/or distribution of funds.
d) The Awardee certifies that it is, and shall remain, in compliance with all applicable California (hereinafter “State”) and federal conflict of interest laws during the entire Term of this Agreement. The Awardee will have no interest, and shall not acquire any interest, direct or indirect, which will conflict with its ability to impartially perform under, or complete the tasks described in, this Agreement. The Awardee must disclose any direct or indirect financial interest or situation which may pose an actual, apparent, or potential conflict of interest with its duties throughout the Agreement Term. CARB may consider the nature and extent of any actual, apparent, or potential conflict of interest in the Awardee’s ability to perform the Agreement. The Awardee must immediately advise CARB in writing of any potential new conflicts of interest throughout the Agreement Term.
K. Construction: This Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation.
L. Damages of breach affecting tax exempt status: In the event that any breach of any of the provisions of the Agreement by the Awardee shall result in the loss of tax-exempt status for any State bonds, the Awardee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach.
M. Disadvantaged Communities: The Awardee, for the purposes of this Program and its related Projects, will designate disadvantaged communities, as identified by the California Environmental Protection Agency’s California Communities Environmental Health Screening Tool (CalEnviroScreen 4.0) that assesses all census tracts in the State to identify areas disproportionately burdened by, and vulnerable to, multiple sources of pollution. The identified disadvantaged community census tracts are available at:
https://calepa.ca.gov/envjustice/ghginvest/
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23 N. Dispute: The Awardee shall continue with the responsibilities under the Agreement during any dispute between the Awardee and Program Administrator or CARB, unless otherwise directed by CARB. The Awardee will work in good faith with CARB and the Program Administrator to resolve any disagreements or conflicts arising from the implementation of the Agreement. However, any disagreement that cannot be resolved at the management level within 30 calendar days of when the issue is first raised with CARB staff shall be subject to resolution by the CARB Executive Officer, or the Executive Officer’s designated representative, in the Executive Officer’s sole discretion. Nothing contained in this paragraph is intended to limit any rights or remedies that the Parties may have under the law.
O. Environmental justice: In the performance of the Agreement, the Awardee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, genders, cultures, and income levels, including minority populations and low- income populations of the State. Equal access includes, but is not limited to, ensuring language barriers are fully addressed to the satisfaction of CARB and as otherwise required by local, state, and federal law.
P. Fiscal management systems and accounting standards: The Awardee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit the tracing of the awardee funds to a level of expenditure adequate to establish that such funds have not been used in violation of local, State, or federal law or the Agreement. Unless otherwise prohibited by local, State or federal law, the Awardee further agrees that it will maintain separate voucher fund accounts as required to manage and administer the Project, in accordance with generally accepted accounting principles.
The Awardee shall not commingle the Voucher Funds with any other accounts, revenues, grants, donations, or funds. The Awardee shall maintain all Voucher Funds in separate bank accounts designated specifically for the purposes of carrying out the obligations of this Agreement. The bank accounts must be held in the name of the Awardee (the official agency name, and not a dba), and no other person or entity. Voucher Funds are not the assets of the Awardee and shall not be used, obligated, or relied upon for any purposes other than those purposes and uses set out in this Agreement. Grant Funds shall not be used as collateral for or an obligation to any debt, loan or other borrower commitments of the Awardee, its officers, directors, Board members, agents, assigns, contractors, subcontractors, Sub-awardees, representatives, employees, or affiliates. All Voucher Fund accounts shall adequately and accurately depict all amounts received and expended.
Q. Force majeure: Neither the Program Administrator nor the Awardee are liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, civil unrest, war, fire, flood, earthquakes, or other physical natural disasters. If either Party intends to invoke this clause to excuse or delay performance, the Party invoking the clause must provide written notice to the other Party immediately of the intent to invoke the clause and the reasons why the force majeure event is preventing that Party from, or delaying that Party in, performing its obligations under this Agreement. The Program Administrator may terminate this Agreement immediately, in writing and without penalty, in the event the Awardee invokes this clause, in which case the Awardee shall immediately return all remaining Voucher Funds to the 119
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24 Program Administrator or their designee, cease all expenditure of Voucher Funds, and turn over all documents, records, deliverables, intellectual property and other information in relation to this Agreement.
a) If the Agreement is not terminated by the Program Administrator pursuant to this clause, upon completion of the force majeure event, the Awardee must immediately re- commence the performance of its obligations under this Agreement. The Awardee must also provide to the Program Administrator a written proposal to revise the Project Schedule, inclusive of anticipated major milestones and timeframes for expending remaining Voucher Funds, while minimizing the effects of the delay caused by the force majeure event.
b) An event of force majeure does not relieve a Party from any of its obligations which arose before the occurrence of the force majeure event nor is any Party relieved from those obligations which survive termination or cancellation of the Agreement.
R. Governing law and venue: The Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. The Program Administrator and the Awardee hereby agree that any action arising out of the Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Awardee hereby waives any existing sovereign immunity for the purposes of the Agreement.
S. Headings: The headings and captions of the various paragraphs, subparagraphs and sections hereof are for convenience only, and they shall not limit, expand, or otherwise affect the construction or interpretation of this Agreement.
T. Indemnification and Hold Harmless: The Awardee agrees to indemnify, defend, and hold harmless the State of California, CARB, the Program Administrator, CEC, and their respective officers, Board members, employees, agents, representatives, and successors-in- interest against, for and from any and all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees, arising out of, resulting from, or related to any actions or inactions of the Awardee or any of its contractors, subcontractors, affiliates, employees, officers, agents, sub-awardees, and/or assigns, including but not limited to actions or inactions relating to, arising out of, or resulting from the operation, design, or implementation of any equipment or vehicles purchased, acquired, developed, modified, or used with Voucher Funds, in whole or in part.
U. Independent contractor: The Awardee, and its agents, employees, affiliates, contractors, subcontractors, suppliers, officers, sub-awardees, and assigns, if any, in their performance of the Agreement, shall act in an independent capacity and not as officers, employees or agents of the State of California, CARB, CEC or the Program Administrator.
V. Nondiscrimination: During the performance of this Agreement, the Awardee and its contractors, subcontractors, consultants and agents shall ensure that no person is, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age (40 or over), mental disability, physical disability, medical condition, genetic information, 120
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25 marital status, veteran or military status, or sexual orientation, unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered under this Agreement or funded with Voucher Funds. In addition:
a) During the performance of this Agreement, the Awardee and its contractors, subcontractors, consultants, and agents shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment, because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision-making (e.g. family-care leave, medical-care leave, or pregnancy-disability leave), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status, nor shall the Awardee or any of its contractors, subcontractors, consultants or agents refuse to hire or employ any person or to refuse to select any person for a training program leading to employment, or bar or discharge any person from employment or from a training program leading to employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision- making (e.g. family-care leave, medical-care leave, or pregnancy-disability leave), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status.
b) The Awardee and its contractors, subcontractors, consultants, and agents shall ensure that the evaluation and treatment of all persons receiving or applying for Grant Funds or participating in any Grant programs, projects or activities, along with all respective employees and applicants for employment, are free of such discrimination and harassment.
c) The Awardee and its contractors, subcontractors, consultants and agents shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 10000 et seq.). The applicable regulations of the Civil Rights Council (California Code of Regulations, title 2, section 11000 et seq.) are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
d) The Awardee and its contractors, subcontractors, agents and consultants shall give written notice of their respective obligations under this clause to labor organizations with which any may have a collective bargaining or other agreement. The Awardee shall include the nondiscrimination and compliance provisions of this clause in all contracts, subcontracts and agreements where work is performed to fulfill any term or condition of this Agreement.
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26 W. No third-party rights: The existence or terms of this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of the Agreement, or of any duty, covenant, obligation or undertaking established herein.
X. Office of Foreign Asset Control: The Office of Foreign Assets Control ("OFAC") of the U.S.
Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. OFAC publishes lists of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country specific. These lists can be found at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs- and-information. The Awardee represents, warrants and agrees that neither the Awardee nor any of its contractors, subcontractors, sub-awardees, affiliates, agents, employees, officers, representatives or assigns are in violation of any federal law or laws pertaining to any entity or individual listed on any of the OFAC lists. Unless otherwise authorized or exempt, transactions by U.S. persons or in the United States may be or are prohibited if they involve transferring, paying, exporting, withdrawing, or otherwise dealing in the property or interests in property of an entity or individual listed on the Office of Foreign Asset Control’s (OFAC) Specially Designated Nationals (“SDN”) or other Lists. The property and interests in property of an entity that is 50 percent or more owned, whether individually or in the aggregate, directly or indirectly, by one or more persons whose property and interests in property are blocked pursuant to any part of 31 C.F.R. chapter V are also blocked, regardless of whether the entity itself is listed. Refer also to the U.S. Department of the Treasury website:
https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions
Y. Ownership: The Awardee acknowledges, accepts, and agrees that all rights, including all intellectual property rights, in and to PII, data, information, documentation, materials, or other intellectual property developed, licensed, or acquired in performance of this Agreement shall remain the exclusive property of CARB and/or CEC. The Awardee has a non-exclusive, royalty-free license to access and use such information and property solely for performing its obligations under this Agreement. Nothing herein shall be construed to confer any license in such information or property, including user tracking and exception data, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to any third party.
Unauthorized use of said information or property by the Awardee or third parties is prohibited. For the purposes of this requirement, the phrase “unauthorized use” means the data mining or processing of data, stored or transmitted by the Awardee or third-party service, for unrelated or commercial purposes, advertising or advertising-related purposes, or for any other purpose other than security or service delivery analysis that is not explicitly authorized by CARB or the Program Administrator. It will be the Awardee’s responsibility to immediately turn over this property and information to CARB no later than 10 business days prior to the termination, cancellation, or expiration of this Agreement (whichever is sooner) and provide all reasonable and necessary assistance needed to ensure a smooth transition in accordance with the Project Transition Plan. No such information, data, documents, or 122
CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
27 intellectual property shall be released to any third party without CARB’s advance written approval. Notwithstanding the above, in the event the Awardee is required by deposition, interrogatory, subpoena, or request for documents under the California Public Records Act to disclose information or data received or generated under this Agreement, the Awardee shall provide CARB and/or CEC a prompt written notice prior to disclosure with sufficient time for CARB and/or CEC to challenge or stay any release in an appropriate court of law.
Z. Parties: When referred to herein, the Awardee and Program Administrator each includes their heirs, successors, assigns, designees, predecessor-in-interest, successor-in-interest, shareholders, members, partners, officers, directors, managers, employees, employers, principals, and agents whether or not named as a party to this Agreement.
AA. Personally Identifiable Information: Information or data, including but not limited to personally identifiable information (“PII”) and all records and supporting documentation that personally identifies or describes an individual or individuals is confidential in accordance with California Civil Code sections 1798, et seq. and other relevant State or Federal statutes and regulations. During the Term, in the performance of any of the terms or conditions of this Agreement, the Awardee agrees to safeguard all such information, records, applications, PII and data which comes into their possession or control in perpetuity, and shall not release or publish any such information, data, or records without first obtaining in each instance the advance written approval of an authorized representative of CARB.
BB. Prevailing wages and labor compliance: If applicable, the Awardee agrees to be bound by all the provisions of California Labor Code Section 1771 et seq. regarding prevailing wages. If applicable, the Awardee shall monitor all agreements subject to payment from the Agreement to ensure that the prevailing wage provisions of California Labor Code 1720- 1861 are being met.
CC. Project Records:
a) The Awardee shall establish and maintain records of the Project. As further described below, by way of example but not limitation, Project records include the Awardee, and any sub-awardee, financial and Program records (“Project Records”).
b) The Awardee shall:
I. Utilize best practices to store all records in a safe and secure storage facility that maintains confidentiality and provides fire and natural disaster protection. Files shall be retained during the Term of the Agreement plus three years. Upon completion of the required record-retention period, the Awardee must submit all Project records to Program Administrator. Hardcopy or electronic records are suitable. Acceptable forms of electronic media must be approved based on prior written concurrence from Program Administrator.
II. Remediate documents and webpages, as needed, to be ADA-compliant in accordance with the Web Content Accessibility Guidelines 2.0, or a subsequent 123
CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
28 version, as provided under section 20.A of this Agreement.
III. Develop a systematic process and schedule to backup Project database(s) each day, at a minimum.
IV. Develop and submit to Program Administrator a plan for disaster recovery of all relevant software applications, websites, and data.
V. Develop and enforce security measures to safeguard Project database(s).
VI. Provide data updates to Project Administrator and/or CARB upon request, which could include all Project records.
VII. Provide periodic data summaries to Project Administrator.
VIII. Provide quarterly and annual Status Reports to Project Administrator detailing the status of the Project. Where requested by Project Administrator, the Awardee will clarify, supplement, modify, or update its Status Reports at no additional cost to Program Administrator or CARB.
c) The Awardee shall retain a combined file for the Project containing:
I. Original executed copy of the Agreement and exhibits, as well as any amendments to the Agreement, if applicable.
II. Program-administrator-approved plans, policies, procedures, and manuals.
III. Copies of Awardee’s Voucher Request Forms and supporting documentation.
IV. Documentation of earned interest generation and expenditure (see Section 20 (Q) for more information).
V. Communications between the Awardee and the Program Administrator, CARB, and/or sub-awardee(s).
VI. Copies of all deliverables from the Awardee.
VII. Copies of any decision that Program Administrator and/or CARB have made in support of the Awardee projects, such as minor changes in project scope, changes in timeline, or line-item shifts.
VIII. Data that has been collected during the implementation of the Awardee project.
IX. Any documents, files or webpages that have been created to support the outreach of Program.
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
29 X. Presentations, pamphlets, posters, videos, or other electronic media used to support Program.
XI. An official file for Program, which shall adequately document all significant actions relative to the project.
XII. Records, contracts, subcontracts, statements of work, work product from subcontractors or contractors of the Awardee.
d) All Project records must be retained for a period of five (5) years after termination or expiration of the Agreement, whichever occurs first. Upon completion of the third year of record retention, the Awardee shall submit all remaining Project records to the Project Administrator that have not previously been requested or turned over to the Project Administrator. Hardcopy or electronic transfer of electronic records are suitable.
Acceptable forms of electronic media, including hard drives and flash drives, shall be provided. Other forms of electronic media may be allowed based on prior written concurrence from the Project Administrator or CARB.
e) All Project records are subject to audit pursuant to the audit provisions of this Agreement.
DD. Remedies:
a) Alternative Enforcement: The remedies set out in this Agreement are contractual in nature. Nothing stated in this Agreement in any way limits, prevents or precludes the Program Administrator or the State of California from taking enforcement action, exercising any police power or prosecuting any violation of law.
b) Cumulative: The rights and remedies of the Parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy.
EE. Severability: If a court of competent jurisdiction holds any provision of the Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of those provisions, will not be affected, and will remain in full force and effect.
FF. Survival: The Awardee acknowledges, agrees and accepts that those terms, conditions, provisions and exhibits which by their nature should survive termination, cancellation or expiration of the grant, award, contract, voucher, subcontract or Agreement, shall so survive, including but not limited to those sections and provisions pertaining to indemnity, recordkeeping, audit, third party beneficiary status, return of funds, data security, insurance, confidentiality, and the general provisions.
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
30 GG. Termination:
a) Termination Without Cause by Program Administrator. This Agreement may be terminated at any time for any or no reason by Program Administrator upon providing thirty (30) days advance written notice.
b) Termination for Cause by the Awardee. Upon providing ninety (90) days advance written notice to Program Administrator, this Agreement may be terminated by the Awardee if Program Administrator has breached a material provision of the Agreement.
c) Termination for Cause by Program Administrator. This Agreement may be terminated by Program Administrator without advance notice at any time if Program Administrator has determined, in its sole discretion, that the Awardee, or any of the Awardee partners, consultants, contractors, subcontractors, employees, representatives, agents, officers, affiliates, or sub-awardees has breached any of the terms or conditions of this Agreement or has violated or are in violation of any of their respective obligations or responsibilities under this Agreement or any other agreement where CARB is an intended third party beneficiary.
I. Non-performance (Breach) Provisions. The Awardee agrees that the following is a non-exhaustive list of the circumstances that constitute non-performance (breach) under this Agreement. These circumstances will be solely determined by CARB and include, but are not limited to:
1. Failure to comply with any of the provisions of the Agreement, including Exhibits.
2. Failure to obligate or expend Voucher Funds within established timelines, or failure to show timely interim progress to meet these timelines.
3. Insufficient performance or widespread deficiencies with Voucher Fund or Project oversight, enforcement, recordkeeping, contracting, inspections, or any other duties.
4. Misuse of Voucher Funds.
5. Funding of ineligible activities or other items.
6. Exceeding the allowable Voucher Fund.
7. Insufficient, incomplete, or faulty documentation.
8. Failure to provide required documentation or reports requested from Program Administrator, CARB, or other State agencies, in a timely manner.
9. Poor performance as determined by a review or fiscal audit.
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
31 II. Additional Remedies. In addition to any other requirements and remedies set out elsewhere in this Agreement, upon request by the Program Administrator, the Awardee will also perform as follows:
1. Within fourteen days of any request, timely develop and implement a corrective action plan.
2. Immediately cease all work and spending, and notify all contractors, subcontractors, consultants, sub-awardees and employees to immediately cease all work and spending.
d) Upon termination of this Agreement or upon issuance of the termination notice (whichever occurs sooner) by either Party, the Awardee shall immediately turn over all remaining Voucher Funds in its possession or control and all records, PII, intellectual property, documents, information and data relating to performance, accounting, administration, contracting and management of the Voucher Funds, the Project and the Program, as well as any other materials requested by the Program Administrator or as otherwise required by any of the provisions of this Agreement.
e) The Program Administrator, at its sole discretion, may elect to have any or all of the funding, documentation, intellectual property and other property transferred to another awardee.
f) Unless otherwise directed in writing by the Program Administrator, upon termination of this Agreement or upon issuance of the termination notice (whichever occurs sooner) by either Party, the Awardee shall immediately cease all work, and cease all expenditure of Voucher Funds.
g) Unless otherwise directed in writing by the Program Administrator, upon termination of this Agreement or upon issuance of the termination notice (whichever occurs sooner), the Awardee shall submit a final Voucher Request Form and a final Status Report covering activities up to and including the termination date. The final Status Report shall be subject to review and approval by the Program Administrator before any final payments are disbursed. Upon receipt of the Voucher Request Form, and final Status Report, and once all intellectual property and requested data, information and property have been transferred and assigned to CARB, the Program Administrator, at its sole discretion, may make a final payment to the Awardee. This payment shall be for all Program-Administrator-approved, actually incurred costs that in the opinion of the Program Administrator are justified. However, the total amount paid shall not exceed the total authorized amount for the Voucher Funds.
HH. Third Party Beneficiary: The Awardee represents, warrants and agrees that the Awardee shall name CARB and the State of California as third party beneficiaries in all contracts, subcontracts, grants, subgrants and other agreements entered into using Voucher Funds, or for the purpose of carrying out any of the terms or conditions of this Agreement during the Term.
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
32 II. Timeliness: Time is of the essence in performance of the Agreement. The Awardee agrees to proceed with and complete all of its obligations under the Agreement in an expeditious manner.
JJ. Waiver of rights: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the Program Administrator, CARB, or the State provided for in the Agreement are in addition to any other rights and remedies provided by law.
KK. Russian sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (herein after the “EO”) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs State agencies to terminate contracts or grants with, and to refrain from entering into any new contracts or grants with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine the Awardee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Awardee advance written notice of such termination, allowing the Awardee at least 30 calendar days to provide a written response.
Termination shall be at the sole discretion of the State.
21. Entire Contract
This Agreement, and all Exhibits hereto, and any documents incorporated by reference represents the entire agreement between the Parties hereto related to the Awardee providing services to the Program Administrator, and supersedes and replaces any and all prior negotiations and agreements of any kind, whether written or oral, between the Parties concerning this Agreement. There are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought.
22. Authority
Each person executing this Agreement on behalf of a Party represents that he or she is duly authorized to execute and deliver this Agreement on that Party’s behalf.
[Signatures on following page.]
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
33 IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the date first written below.
CALSTART, Inc. City of Costa Mesa:
By: By:
(Signature) (Signature)
Name: Piero Stillitano Name: Lori Ann Farrell Harrison (Print Name) (Print Name)
Title: Chief Financial Officer Title: City Manager (Print Title) (Print Title)
Date: Date:
129
CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
34 EXHIBIT A
Notice of Intent to Award
130
From: Clean Mobility Options
To: [email protected]
Cc: Katie Smet
Subject: Notice of Intent to Award & Voucher Execution Checklist (A-5G City of Costa Mesa) Date: Monday, October 9, 2023 11:57:26 AM
Attachments: MPV Voucher Execution Checklist .pdf
Conflict of Interest Form.pdf
Confidentiality Statement Form.pdf
NOTICE OF INTENT TO AWARD: MOBILITY PROJECT VOUCHER FOR THE CITY OF
COSTA MESA
Dear Jennifer Rosales,
Congratulations! We are pleased to inform you of our intent to award the City of Costa Mesa the Clean Mobility Options Voucher Pilot Program’s 2023 Mobility Project Voucher (MPV). Funding for your voucher has been reserved, as referenced below:
Application # MPV23W2A-5G
Project Title Circuit Costa Mesa
Lead Applicant City of Costa Mesa
Sub-Applicant(s) Circuit Transit
Funds Reserved $1,500,000
Voucher Execution Deadline:
Please be advised that you have 180 days from receipt of this Notice of Intent to Award or until April 6, 2024, to execute your Voucher Agreement, following the Clean Mobility Options (CMO) Implementation Manual guidelines. To meet this deadline, please submit all required documents listed in the attached MPV Voucher Execution Checklist no later than March 6, 2024.
Next Steps and Assistance
:
Our team is dedicated to assisting you throughout the voucher execution process.
Following this email, Katie Smet from the Program Administrator team will contact you to schedule an Information Session for an upcoming Tuesday in the next two weeks. The Information Session will provide a thorough understanding of the CMO Voucher Execution process and CMO insurance requirements. If you have any inquiries regarding voucher execution, feel free to contact Katie Smet at [email protected] .
Submission of Documents:
Please submit all required Voucher Execution Checklist documents to:
[email protected] or CALSTART, Attn: Clean Mobility Options, 48 So.
Chester Avenue, Pasadena, CA 91106.
Voucher Execution:
1. Once the Program Administrator receives, reviews, and approves your Voucher Execution Checklist documents, we will assemble and package your Voucher Agreement for e-signature. The following supporting documents are attached for your review and will be assembled in your packaged Voucher Agreement:
a. Attachment 2: Conflict of Interest Declaration
131
b. Attachment 3: Confidentiality Statement
2. After executing the Voucher Agreement, you will receive onboarding assistance from your Cohort Facilitator, who will guide you through the onboarding and implementation process. Resources to help implement your project can be found in the MPV Implementation Toolkit, HERE
.
IMPORTANT: The Voucher Agreement must be executed (signed by both parties), AND your insurance must be DEEMED compliant to commence work reimbursable from the funds in your Mobility Project Voucher.
Again, congratulations on your award! We are excited to work with you on your MPV project!
Sincerely,
Clean Mobility Options Program Administrator
132
Exhibit A – Attachment 1
Voucher Execution Checklist
1 VOUCHER EXECUTION CHECKLIST
CITY OF COSTA MESA
Please Submit the Required Documents no later than March 6, 2024, to [email protected]
# REQUIRED
DOCUMENT
DESCRIPTION OF REQUIREMENTS
1 CERTIFICATE OF
INSURANCE
Please submit a Certificate of Insurance (COI) for the Project Lead and all sub-applicants, sub-contractors, and partner entities who will be working on the project in a paid, non-paid, volunteer pursuant to CMO Insurance Requirements outlined in the Implementation Manual (Sections X.1).
Important note: The COI is not required to execute the voucher agreement but must be submitted within 60 days from the date of voucher execution. • CMO insurance compliance is required to submit payment requests after voucher execution for costs incurred and completed milestones related to the project.
• Only costs incurred from administrative activities between voucher execution and insurance compliance are reimbursable.
The information session will cover the Insurance Requirements, and the Awardee will receive a guide and sample Certificate of Insurance once it is finalized. 2 APPROVED
RESOLUTION
Please provide an approved resolution or documentation of approval of the project from the governing board that will commit the lead agency or organization to comply with the following:
1. To comply with the requirements of the program;
2. To accept the voucher funds; and
3. To allocate any funding the awardee has committed to be part of the project application.
Click HERE to see sample resolutions. Resolution requirements will be covered in the information session.
3 FLEET
OWNERSHIP
INFORMATION
(If Available)
If you are requesting CMO funding for motor vehicles or micromobility, please complete and submit the Fleet Ownership form. If the project team hasn't yet identified its fleet owner(s), you'll be asked to provide this information after voucher execution. This form identifies the party that will take ownership of the motor vehicles and/or micromobility devices funded by CMO.
The information provided will be inputted into the Scope of Work, referred to as Exhibit B in your Voucher Agreement, and will be covered in the information session.
133
Exhibit A – Attachment 1
Voucher Execution Checklist
2 4 MOBILITY
OPERATOR
INFORMATION
(If Available)
If your project has identified a Mobility Operator, please complete and submit the Mobility Operator Information Form. This form should include the contact information of the mobility operator for each project service model if more than one. If a Mobility Operator has not been selected yet, please be prepared to provide this information no later than the first payment request for any vehicle or infrastructure equipment or within three months from the Voucher Agreement execution date, whichever comes first.
The information provided will be inputted into the Scope of Work, referred to as Exhibit B in your Voucher Agreement, and will be covered in the information session.
5 PAYABLE
PROJECT
MILESTONE
SCHEDULE
(Optional)
Your project has the option to use a milestone-based payment method for reimbursement. This method allows you to request payment upon completing milestones detailed on your Project Milestone Schedule. If using this payment method, please use your Project Milestone Schedule and budget worksheet to complete and submit a Payable Project Milestone Schedule using the template the Program Administrator will provide following the information session.
The information session will cover the Payable Project Milestone Schedule components, and the Awardee will receive a sample once it is finalized. If you opt for this payment method, the Payable Project Milestone Schedule will be inputted into the Scope of Work, referred to as Exhibit B in your Voucher Agreement.
Submission Format: Word preferred.
134
From: Mateo Henderson
To: jennifer.rosales
Cc: "Clean Mobility Options"; Perry Holmes
Subject: FOR REVIEW and APPROVAL: City of Costa Mesa A-G5 CMO Voucher Agreement Date: Thursday, April 18, 2024 12:04:12 PM
Attachments: City of Costa Mesa G5-Voucher Agreement FOR REVIEW-4.5.24.docx Exhibit B - (G-5) Scope of Work_APPROVED_2024.03.15.docx Warning: This email was sent from an external source. Please beware of phishing or other suspect activity.
Dear City of Costa Mesa,
The CMO Program Admin (PA) Team is pleased to share the attached MPV Voucher Agreement Template and Scope of Work (Exhibit B) for your review and approval. After your review, please confirm approval of the attachments.
MPV Voucher Agreement Template and Scope of Work (Exhibit B): Please pay special attention to the content in blue font to verify that the information accurately represents your project. If there are any sections left blank, kindly fill them in as necessary. Additionally, we request your approval of the “Project Overview” description in Exhibit B. This description will be featured in the CMO Press Release and on the CMO Website.
The voucher agreement will include an additional exhibit, which will be shared once finalized.
The exhibit will outline the reporting and recordkeeping requirements for all state-funded EVSE infrastructure installations. These reporting requirements are set by legislation AB 2061 as implemented by the California Energy Commission. If you wish to proceed with executing your voucher agreement before the additional exhibit is finalized, we'll promptly amend it to your agreement once it's ready.
IT IS IMPORTANT TO NOTE that the terms and conditions in the agreement are non- negotiable.
Voucher Execution Extension:
The PA Team is granting an additional three months to execute your voucher agreement. This extension is based on today’s date, moving the deadline to July 17, 2024.
Next Steps:
1. Initial Review and Approval:
a. Upon approval of the Voucher Agreement and Exhibit B, along with the submission of the requested documents, the PA Team will proceed to assemble your voucher agreement into a PDF.
b. Please send the outstanding Voucher Execution Checklist Documents shown in the table below to the PA team.
Voucher Execution Checklist Documents Status
1. Project Milestone Schedule for Milestone-Based Payments (if applicable) Completed
2. Approved Resolution Completed
3. Fleet Ownership Form (if available) Not submitted
4. Mobility Operator Form (if available) Completed
135
2. Final Review and Approval:
a. Once the initial process is completed, the PA Team will send the final voucher agreement for your review and approval.
b. Upon your approval of the final voucher agreement, the PA Team will route the agreement for your signature.
c. If executing your voucher before Exhibit K is finalized, we will work with you to amend Exhibit K to your agreement when it is ready.
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CMO Mobility Project Voucher City of Costa Mesa
Voucher Agreement
35 EXHIBIT B
Scope of Work
137
EXHIBIT B: Scope of Work
1 Scope of Work
Attachment 1: Budget Worksheet
Attachment 2: Project Milestone Schedule (for awardees with cost-based payments) $1,500,000
VOUCHER NUMBER: MP23W2A-5G
TOTAL VOUCHER AMOUNT NOT TO EXCEED:
1. Lead Applicant (Awardee) Information
Organization Name: City of Costa Mesa
Organization Type: Public Agency
Mailing Address: 77 Fair Drive
City: Costa Mesa State: CA Zip Code: 92626
Lead Applicant Primary Contact Name: Jennifer Rosales
Phone: 714-754-5180 Primary Email: [email protected]
2. Project Overview
Project Title: Circuit Costa Mesa
Project Objectives: Describe the type of mobility service, number of vehicles or micromobility devices, location and target population that will benefit from service, and gaps or priorities the mobility service will address.
The City of Costa Mesa is harnessing CMO Funding to introduce the Circuit Costa Mesa program, an all-electric on-demand shuttle service. This initiative is designed to provide safe, cost- effective, and convenient first and last-mile transportation connections for both the local community and visitors, connecting crucial destinations such as healthcare facilities, transportation hubs, grocery stores, and local businesses. Operating up to 10 hours a day, seven days a week, with ongoing updates based on community feedback. The program will expand mobility options for disadvantaged communities, establish links to public transit and essential community services, promote economic development, and contribute to improved air quality. 138
EXHIBIT B: Scope of Work
2 Project Budget:
Total Budget: $1,500,000.00 Budget Worksheet: See Attachment 1
Promise to Repay Approved Costs: This Exhibit represents a promise to repay for approved costs used to (check all that apply):
1. _____ Lease or take ownership of motor vehicle(s) (GVWR 2,000 lbs or more)
2. _____ Lease or take ownership of bicycles, scooters, or other vehicles (under 2,000 lbs GVWR)
3. __X__ Installation of electric vehicle supply equipment (EVSE)
4. _____ Installation of other infrastructure (Explain: for example, bike infrastructure, solar infrastructure if applicable)
5. _____ Other (Explain: ________________________________________) Community Resource Contribution Items: See Exhibit C
Community Outreach Plan: See Exhibit E (Section 4 of Phase 2 Application) 139
EXHIBIT B: Scope of Work
3 Project Area Information:
● Location (City/Neighborhood): Costa Mesa
● Project Eligibility:
☒ SB 535 Disadvantaged Communities
☒ AB 1550 Low-Income Communities
☐ Tribal lands within AB 1550 Low-income Communities or SB 535 Disadvantaged Communities
Census Tracts:
0630.10
0633.02
0633.01
0634.00
0632.02 (potential)
0636.05
0636.04
0636.01
0637.01
0638.03 (potential)
0638.08
0637.02
0639.06
0639.05
3. Sub-Applicant(s) Information (If Applicable)
Information about the organization(s) who have entered a partnership with the Lead Applicant. See the Letter of Commitment from the Sub-Applicant with the application (Exhibit E- Phase 2 application).
Organization Name: Circuit Transit
Mailing Address: 501 E Las Olas Blvd, Suite 300
City: Ft. Lauderdale State: FL Zip Code: 33301
Primary Contact Name: Perry Holmes
Phone: 248-990-2370 Primary Email: [email protected] 140
EXHIBIT B: Scope of Work
4 4. Motor Vehicle Fleet Owner Information (If Applicable) Information about the party that will take ownership of the motor vehicles used in the CMO shared mobility service. The party may be the same or different than the lead applicant. Note: if the party is different from the lead application, the Fleet Owner must agree to abide by the terms and conditions in the voucher agreement.
Organization Name: Circuit Transit
Primary Contact Name: Perry Holmes
Mailing Address: 501 E Las Olas Blvd, Suite 300
City: Ft. Lauderdale State: FL Zip Code: 33301
Phone: 248-990-2370 Primary Email: [email protected]
5. Mobility Operator Information (If Applicable)
Information about the mobility operator for each project service model (if more than one). The party may be the same or different than the lead applicant. Note: Securement of the Mobility Operator with the contract is due by first payment for any vehicle or infrastructure equipment or within three months from the Voucher Agreement execution date, whichever is sooner.
Project Service Model: On-Demand Shuttle
Organization Name: Circuit Transit
Primary Contact Name: Perry Holmes
Mailing Address: 501 E Las Olas Blvd, Suite 300
City: Ft. Lauderdale State: FL Zip Code: 33301
Phone: 248-990-2370 Primary Email: [email protected]
141
EXHIBIT B: Scope of Work
5 Attachment 1- Budget Worksheet
142
Annual Budget
Breakdown for
Year 4 of
Service
Operation
(Administrative
Expenses Only)
(c)
Voucher amount
requested per
unit or hour
($)
(d)
Number of units
or hours
requested
(e)
Total voucher
amount by item
($)
(f)
Project Launch
(Up to 15
Months)
($)
(g)
Year 1 of
Service
Operation
($)
(h)
Year 2 of
Service
Operation
($)
(i)
Year 3 of
Service
Operation
($)
(j)
Year 4 of
Service
Operation
($)
City of Costa Mesa Staff Time $39.97 356 $14,230 $2,035 $4,065 $4,065 $4,065 0 0
0 0
0 0
0 0
CMEA Attendance $775/year 2 yrs $1,550 $775 $775
CMEA Travel $725/year 2 yrs $1,450 $725 $725
0 0
0 0
0 0
0 0
0 0
(a)
Expense Category and
Sub-Category
Voucher Administration
Planning
Outreach and Marketing
Operations and Maintenance
Voucher Administration
Planning Costs
Motor Vehicles and Associated
Hardware
Bicycles and Scooters
Direct Labor (Fringe Benefits & Indirect Costs included) Travel/Mileage
Outreach and Marketing
Operations and Maintenance
Equipment/Capital Costs (LEAD Only)
Mobility Provider Voucher Budget Worksheet
Instructions: Use this budget worksheet to specify items needed for individual expense categories. Enter data in blue cells. Do not enter data in grey or white cells. Add rows as necessary. The entire sheet is "unlocked" and it is the applicant's responsibility to ensure that subtotals and calculations are accurate. Voucher amounts and category totals must comply with allowable voucher amounts in the Implementation Manual. For any contributed resource contributions to meet the 5-year Voucher Agreement Term, indicate monetary assets under "Community Resource Contributions". It is recommended that applicants additionally complete the optional "Category Eligibility Check Worksheet" in the table below to ensure that they meet eligibility requirements for categories that have minimum and maximum requirements. Please note that administrative activities can be reimbursed during the last year of your voucher agreement (Year 4 of Service Operation), this includes insurance compliance, activities associated with payment request submissions, data reporting, printing, record retention, and mailing.
Section 1: Project Components Section 2: Voucher Budget (b)
Item description
Description of Voucher Request Annual Budget Breakdown Up to Year 3 of Service Operation Period
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Electrical Installation $10,000 1 $10,000 $10,000
0 0
0 0
Additional Transportation
Enhancements (Maximum 25% of
total voucher)
0 0
0 0
0 0
0 0
Marketing $2,754 3 years $8,263 $2,163 $2,600 $2,000 $1,500 0 Vehicle Lease $72,225.33 3 years $216,676 $70,800 $72,216 $73,660 Driver Hours $25.38 32,448 hours $823,660 $269,135 $274,517 $280,008 Contractor Services $104,665.33 3 years $313,996 $102,600 $104,652 $106,744 0 0
0 0
0 0
0 0
Insurance $36,725.0000 3 years $110,175 $36,000 $36,720 $37,455 0 $1,500,000.00 $14,198.00 $486,700.00 $495,670.00 $503,432.00 $0.00 Operations and Maintenance
Grand Total
Grand Total - Voucher Funding Term (Voucher Funds)
Grand Total - Other Funds Budget (Non-CMO Funds)
Other (LEAD Only)
Voucher Administration
Planning
Capital Acquisition
Outreach and Marketing
Voucher Administration
Planning
Capital Acquisition
Outreach and Marketing
Operations and Maintenance
Subcontractor
Charging/Fueling Equipment and
Installation
Bicycle/Scooter Infrastructure and
Installation (Maximum 300% of amount
of electric bicycle/scooter or 200% of
non-electric bicycles/scooter amount)
Operations and Maintenance
Community Resource Contributions
Resource contributions are assets contributed to the project to support long-term sustainability to meet the 5-year Voucher Agreement Term that includes a minimum of 4 years of service operation and beyond.
Resource contributions are not eligible for payment through voucher funding. Instructions: Add in-kind monetary resource contribution assets. 144
Cost Category Category Total Applicable
Denominator Percentage
Bicycle/Scooter Infrastructure and
Installation
Additional Transportation
Enhancements
Maximum of 300% of amount of electric bicycle/scooter vehicles or 200% of amount of non-electric bicycle/scooter vehicles amount Notes:
Optional: Category Eligibility Check Worksheet
Instructions: Calculate sums in "Category Total" and "Applicable Denominator" Columns. User may need to adjust example formula if additional rows were manually inserted above.
Eligibility Requirement Summary
(See Implementation Manual for Details) Conforms to Eligibility Requirement? Maximum of 25% of total voucher amount
145
EXHIBIT B: Scope of Work
6 Attachment 2: Project Milestone Schedule
(for Awardees with Cost-Based Payments)
146
CMO PROJECT MILESTONE SCHEDULE
PURPOSE: The Project Milestone Schedule is a tool to help you know when you need to meet CMO program milestones and to think about the timing and sequence of the project milestones your project needs to have in place to have your project be successful. This template will be included in your voucher agreement and will help to track progress towards your project plan. Your project milestone schedule can be modified and updated over the voucher agreement term.
INSTRUCTIONS: To complete your Project Milestone Schedule, fill out the template below. Items marked RED are requirements, and items color-coded BLUE are for you to modify:
1. Mark the milestone number (Column A), description of the milestone to achieve (Column B), and the month number (Column C) in which you plan to achieve the milestone over the 5-year voucher agreement term, starting with Voucher Execution (0 month). Please leave Calendar Date (Column D) blank. You can insert actual calendar dates (Column D) after your voucher has been executed.
2. Add in milestones and details for your project that are other additional steps critical to achieving launch within 15 months from project kick-off meeting.
3. Add/modify rows to this template, as appropriate, based on your project plan. At a minimum, you may use this template as your project milestone schedule, but you are encouraged to modify this template to suit your project.
4. Include work start dates as individual milestones for sub-contractors and other partners.
NOTE 1: Key CMO Program Requirements with deadlines are already in the template; you may meet these deadlines sooner than listed, but no later than those listed in order for you to meet the project launch deadline of within 1 year of voucher execution.
NOTE 2: Quarterly status reporting and payment reimbursements templates will be distributed to awardees at a later date, and are intended as opportunities to reflect the progress made on each of the project milestones.
DEADLINE: Submit your completed Project Milestone Schedule to: [email protected] in Word or Excel Format PRIOR TO VOUCHER EXECUTION in order to include in your voucher agreement.
Costa Mesa
PROJECT MILESTONE SCHEDULE
OVER 5-YEAR MOBILITY PROJECT VOUCHER TERM
A.
MILESTONE
NUMBER
B.
DESCRIPTION OF MILESTONE TO BE ACHIEVED
C.
MONTH
NUMBER
ACHIEVED
D.
CALENDAR DATE
[ADD AFTER
VOUCHER
EXECUTION]
Voucher Agreement Execution – COMPLIANCE
1 Voucher agreement executed. 0 months [Input AFTER Voucher executed]
147
CMO PROJECT MILESTONE SCHEDULE
2 Project Kick-Off Meeting: Project must be
deemed insurance compliant by the Program
Administrator.
60 days
(Program
Requirement)
[Input AFTER Voucher
executed]
3 Secure contract with a Mobility Provider.
Provider: Circuit
Provide proof of contract to the Program
Administrator that a mobility provider is secured
and under contract.
3 months
(Program
Requirement)
[Input AFTER Voucher
executed]
1st Funding Year - PLANNING ([Kick-off meeting date] - 15 months) (Launch is required by 15th month)
4 Acquire all planned CMO-funded vehicles and
submit for reimbursement.
15 months
(Program
Requirement)
[Input AFTER Voucher
executed]
5 Complete final installation of all planned CMO-
funded infrastructure and submit for
reimbursement.
15 months
(Program
Requirement)
[Input AFTER Voucher
executed]
6 Soft Launch mobility service. Intended users of
the service start using the service.
15 months
(Program
Requirement)
[Input AFTER Voucher
executed]
7 Implement Launch Marketing Plan, including
official launch with a launch event.
3-4 months
8 Institute regular schedule of project team
meetings and community engagement
0-4 months
2nd Funding Year - OPERATION YEAR 1
9 Continue operating mobility service in
compliance with CMO T&Cs.
15 -24 months
(Program
Requirement)
[Input AFTER Voucher
executed]
11 Community Outreach & Engagement (ongoing) 0-24 months 12 Sell and execute third party advertising
campaigns on vehicles (ongoing)
0-24 months
13 Explore additional funding to sustain or expand
program
4-24 months
148
CMO PROJECT MILESTONE SCHEDULE
3rd Funding Year - OPERATION YEAR 2
14 Continue operating mobility service in
compliance with CMO T&Cs
25 -36 months
(Program
Requirement)
[Input AFTER Voucher
executed]
15 Community Outreach & Engagement (ongoing) 25-36 months 16 Sell and execute third party advertising
campaigns on vehicles (ongoing)
25-36 months
17 Explore and/or secure additional funding to
sustain or expand program
25-36 months
4th Voucher Year - OPERATION YEAR 3
18 Continue operating mobility service in
compliance with CMO T&Cs.
37 -48 months
(Program
Requirement)
[Input AFTER Voucher
executed]
19 Sell and execute third party advertising
campaigns on vehicles (ongoing)
37-48 months [Input AFTER Voucher
executed]
20 Community Outreach & Engagement (ongoing) 37-48 months [Input AFTER Voucher executed]
21 Explore and/or secure additional funding to
sustain or expand program
37-48 months
5th Voucher Year (Only CMO Admin Funding) - OPERATION YEAR 4 22 Continue operating mobility service in
compliance with CMO T&Cs.
49 -60 months
(Program
Requirement)
[Input AFTER Voucher
executed]
23 Sell and execute third party advertising
campaigns on vehicles (ongoing)
49-60 months
24 Community Outreach & Engagement (ongoing) 49-60 months [Input AFTER Voucher executed]
25 Voucher Agreement Term Ends. 60 months [Input AFTER Voucher executed]
149
CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
36 EXHIBIT C
Community Resource Contributions
150
City of Costa Mesa
Community Resource Contributions (CRCs) from Application
# Community Resource Contribution Type Community Resource Contribution Supporting Documentation (from Application)
1. Relationships with project-relevant community
groups or Community-Based Organizations
(CBOs)
The City of Costa Mesa has relationships with
project-relevant community groups and CBOs,
including but not limited to:
• Active Transportation Committee
• Travel Costa Mesa
• Costa Mesa Foundation
• Costa Mesa Alliance for Better Streets
(CMABS).
• Costa Mesa Chamber of Commerce
List of CBO’s as a supporting
documentation requirement,
including Letter of Support from
Costa Mesa Chamber of
Commerce
2. Project-related labor costs (up to 1 year prior to
voucher application submission date)
City staff time for planning and outreach has been
ongoing since January 2023, particularly Jennifer
Rosales (Transportation Services Manager, City of
Costa Mesa) and Brett Atencio Thomas (Active
Transportation Coordinator).
Letter of Commitment from City of
Costa Mesa
3. Project-related labor costs during Voucher
Funding Term that are not paid through
voucher funds
City staff:
• Provide in-kind services throughout the
project providing partnership development,
planning, outreach, marketing, and program
management.
• Serve as a liaison between the target
population and Circuit for educational
outreach events and leverage existing
programs to promote the project.
Letter of Commitment from City of
Costa Mesa
4. Project-related materials or assets already
owned by project participants and/or donated to
the project that will be used during the Voucher
Funding Term.
City staff will provide materials or assets for outreach and education, including web platforms and
newsletters.
Letter of Commitment from City of
Costa Mesa
151
5. Technology and Equipment already owned by
project participants and/or donated to the
project that will be used during the Voucher
Funding Term. / Donated or acquired land for
infrastructure or parking spaces.
City will provide 3 parking spots where the EVs will
be stored and charged. City will also provide the
electricity. (Installation of charging infrastructure is budgeted separately.)
Letter of Commitment from City of
Costa Mesa
152
CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
37 EXHIBIT D
Phase 1 Application Submissions and Attachments
153
154
155
156
157
158
159
160
161
162
THIS PAGE INTENTIONALLY LEFT BLANK
163
Table of Contents
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T ABLE OF C ONTENTS
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i List of Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii List of Figures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Motivation for Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Overview of Methodology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Organization of Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Disclaimer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 About True North . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Key Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Local Issues & The Pandemic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Most Important Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Question 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Expectations for Coronavirus Pandemic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Question 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Employment & Commute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Question 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Question 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Employment Status. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Days Working Per Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Question 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Question 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Working from Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Question 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Question 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Commute Mode . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Question 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Question 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Commute Distance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Question 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Employer’s Policy on Working from Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Question 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Remote Work Impacts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Question 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Changing Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Question 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Question 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Current & Expected Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Personal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Question 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Question 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Future Work Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 More or Less Remote Work in Future?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Remote Work Status - Employee’s Preference? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Question 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Question 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Question 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Working Fewer Days from Home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Question 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Working Same Days from Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Question 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 164
Table of Contents
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Working More Days from Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Question 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Do You Anticipate Changing Employers? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Question 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Question 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Background & Demographics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Questionnaire Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Programming, Pre-Test & Translation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Sample, Recruiting & Data Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Statistical Margin of Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Data Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Rounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Questionnaire & Toplines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 165
List of Tables
True North Research, Inc. © 2022 iii
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L IST OF T ABLES
Table 1 Top Issue Facing County by Supervisorial Distri ct . . . . . . . . . . . . . . . . . . . . . . . . . 11 Table 2 Top Issues Facing County by Study Version. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Table 3 Net Impacts of Working From Home by Study Version. . . . . . . . . . . . . . . . . . . . . . 29 Table 4 Percentage Change in Days Per Mont h Performing Personal Activities: Sep 2022 vs Sep 2023 Expectations by Overall & Supervisorial District. . . . . . . . . . . . . . . . . 35 Table 5 Demographics of Sample by Study Version . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 166
List of Figures
True North Research, Inc. © 2022 iv
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L IST OF F IGURES
Figure 1 Map of Supervisorial Districts and ZIP Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Figure 2 Most Important Issue Facing County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Figure 3 Opinion of Coronavirus Outbreak by Survey Year . . . . . . . . . . . . . . . . . . . . . . . . . 12 Figure 4 Opinion of Coronavirus Outbreak by Age & Employment Status Sep vs One Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Figure 5 Opinion of Coronavirus Outbreak by Years in Orange County, Supervisorial District & Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Figure 6 Opinion of Coronavirus Outbreak by Ethnicit y & Hsld Income . . . . . . . . . . . . . . . . 14 Figure 7 Employment Status: Feb 2020, Jun 2020, Sep 2021 & Post-Pandemic Expectations, Sep 2022 & Sep 2023 Expectations . . . . . . . . . . . . . . . . . . . . . . . . . 15 Figure 8 Employment Status: Sep 2022 & Sep 2023 Expectations by Overall & Age. . . . . . . 17 Figure 9 Employment Status: Sep 2022 & Sep 2023 Expectations by Ethnicity & Hsld Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Figure 10 Work Days Per Week: Feb 2020, Jun 2020, Sep 2021 & Post-Pandemic Expectations, and Sep 2022 & Sep 2023 Expectations. . . . . . . . . . . . . . . . . . . . . . 18 Figure 11 Work Days Per Week Sep 2022 vs Sep 2023 Expectations by Overall, Supervisorial District & Age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Figure 12 Work Days Per Week Sep 2022 vs Sep 2023 Expectations by Ethnicity & Hsld Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Figure 13 Work Days Per Week Sep 2022 vs Sep 2023 Expectations by Employment Status Sep 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Figure 14 Telework Days Per Week: Feb 2020, Jun 2020, Sep 2021 & Post-Pandemic Expectations, and Sep 2022 and Sep 2023 Expectations . . . . . . . . . . . . . . . . . . . . 20 Figure 15 Telework Days Per Week Sep 2022 vs Sep 2023 Expectations by Overall, Supervisorial District & Age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Figure 16 Telework Days Per Week Sep 2022 vs Sep 2023 Expectations by Ethnicity & Hsld Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Figure 17 Telework Days Per Week Sep 2022 vs Sep 2023 Expectations by Employment Status Sep. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Figure 18 Commute Mode: Feb 2020, Jun 2020, Sep 2021 & Post-Pandemic Expectations, Sep 2022 and Sep 2023 Expectations . . . . . . . . . . . . . . . . . . . . . . . 23 Figure 19 Commute Mode Sep 2022 vs Sep 2023 Expectations by Supervisorial District . . . . 24 Figure 20 Work Commute Miles: Feb 2020, Jun 2020, Sep 2021 & Sep 2022 . . . . . . . . . . . . 24 Figure 21 Telework Option: Feb 2020, Jun 2020, Sep 2021 & Sep 2022 . . . . . . . . . . . . . . . . 25 Figure 22 Telework Option Sep 2022 by Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Figure 23 Telework Option Sep 2022 by Occupation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Figure 24 Impact of Working From Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Figure 25 Negative/Positive Impacts of Each Aspect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Figure 26 Change Employers in Past 18 Months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Figure 27 Change Employers in Past 18 Months Year s in Orange County & Age . . . . . . . . . . 30 Figure 28 Change Employers in Past 18 Months by Hsld Income & Supervisorial District. . . . 30 Figure 29 Change Employers in Past 18 Months by Telework Option in Sep & Ethnicity. . . . . 30 Figure 30 Main Reason For Changing Employers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Figure 31 Percentage of Days Per Month Performing Personal Activities: Feb 2020, Jun 2020, Aug 2021, Post-Pandemic Expectations, Aug 2022 & Sep 2023 Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Figure 32 Personal Activities: Aug 2022 vs Sep 2023 Ex pectations . . . . . . . . . . . . . . . . . . . . 34 Figure 33 Percentage Change in Days Per Month Performing Personal Activities:
Aug 2022 vs Sep 2023 Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Figure 34 Expected Sep 2023 Telework Status Among All Employees by Overall & Percentage Telework Days in Sep 2022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 167
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Figure 35 Expected Sep 2023 Telework Status Among All Employees by Supervisorial District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Figure 36 Expected Sep 2023 Telework Status Among All Employees by Hsld Income. . . . . . 37 Figure 37 Sep 2023 Expected Telework Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Figure 38 Fewer Telework Days Next Year (Sep 2023): Employer Requirement vs Employee Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Figure 39 Same Number of Telework Days Next Year (Sep 2023): Employer Requirement vs Employee Preference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Figure 40 More Telework Days Next Year (Sep 2023): Employer Requirement vs Employee Preference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Figure 41 Employment Status in Next 12 Months by Overall & Supervisorial District . . . . . . . 41 Figure 42 Employment Status in Next 12 Months by Age . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Figure 43 Employment Status in Next 12 Months by Hs ld Income . . . . . . . . . . . . . . . . . . . . . 42 Figure 44 Main Reason For Changing Employers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Figure 45 Maximum Margin of Error Due to Sampling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 168
Introduction
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I NTRODUCTION
The arrival of coronavirus in California triggere d a statewide shelter-in-place mandate in March 2020, effectively shuttering many sectors of the world’s fifth largest economy for several months and sending ripple effects through most aspects of daily life. In addition to the direct economic impacts including job losses, salary cuts, and reduced spending, the threat of COVID-19 and the closure of non-essential businesses dramatically altered how and where people work, play, shop, and travel. Although the State began a phased re opening of the economy several months later, public health restrictions remained throughout 2020 and into 2021, and many businesses and employees found themselves forced to operate under altered work arrangements. Within four months of the pandemic’s arrival, full-time employment in Orange County declined by 9%, the number of employees who worked from home at least one day per week jumped from 23% to 61%, and the average number of days worked from home among all employees increased from
0.76 to 2.52 per week. The pandemic also prom pted dramatic changes in travel behavior, with Orange County residents reporting significant reductions in the number of days they drive alone, carpool, or use public transit.1
Although the widespread availability of COVID-19 vaccines and relaxation of public health guide- lines in 2021 allowed many workers the option to return to the office, many preferred to keep their remote work status. Eighteen months after vaccines were made widely available to all adults, questions still remain as to what percentage of workers have returned to the office, how they are commuting, and whether they anticipate these patterns will change or if this is effec- tively the new normal. The answers to these questions are highly relevant to OCTA’s mission to develop an integrated and balanced transportation system that supports the diverse travel needs and reflects the character of Orange County.
MOTIVATION FOR RESEARCH The purpose of the study described in this report was to develop a statistically reliable understanding of how public attitudes, working arrangements, travel behaviors, and mode choice have been altered over the course of the pandemic, as well as how these patterns could change in the upcoming year. This tracking survey represents the third in the study series. A baseline survey (presented to OCTA in August 2020) profiled work arrange- ments, travel behavior, and rele vant activities among Orange County residents prior to the pan- demic (January & February 2020) and several months into the pandemic (June 2020) to document changes. A tracking survey conducted in September 2021 captured the same information for the September 2021 period, as well as respondents’ expectations for what was referred to as the post-pandemic period. This third tracking survey ga thered the same employment and activity data for the current period (September 2022) and expectation s a year from now (September 2023).
Specifically, the current tracking survey was designed to:
• Identify the issues that residents view as th e most important facing Orange County today • Gauge residents’ expectations for the coronavirus pandemic
1. Source: Employment and Travel Survey: Su mmary Report on Pandemic Impacts , report prepared for OCTA by True North Research, August 12, 2020.
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• Profile their employment status, work sch edule, frequency of re mote work, and commute behavior in September 2022 and expectations for a year from now (September 2023) • Profile their use of rideshare, transit, and ac tive transportation, as well as their shopping and dining habits in September 2022 and expectations for September 2023 • Among employees who work from home, gauge the impacts of doing so on their work expe- riences and performance
OVERVIEW OF METHODOLOGY A full description of the methodology used for this study is included later in this report (see Methodology on page 44). In brief, a total of 2,019 ran- domly selected Orange County adult residents participated in the trac king survey between Sep- tember 12 and September 30, 2022. 2 The survey followed a mixed-method design that employed multiple recruiting methods (email, text and telephone) and mu ltiple data collection methods (telephone and online). The interviews averaged 15 minutes in length and were con- ducted in English, Spanish, and Vietnamese. The results presented in this report are representa- tive at the countywide level, as well as within the five Supervisorial Districts identified in Figure 1.
FIGURE 1 MAP OF SUPERVISORIAL DISTRICTS AND ZIP CODES
2. A total of 6,776 interviews were completed betw een the baseline survey and two tracking surveys. 92618
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92807
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92603
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90720
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IRVINE
ANAHEIM
ORANGE
SANTA
ANA
BREA
FULLERTON
TUSTIN
YORBA LINDA
NEWPORT BEACH
HUNTINGTON
BEACH
COSTA MESA
LAKE FOREST
MISSION
VIEJO
SAN CLEMENTE
GARDEN GROVE
SEAL BEACH
LAGUNA NIGUEL
BUENA
PARK
LA HABRA
WESTMINSTER
CYPRESS
SAN JUAN CAPISTRANO
PLACENTIA
ALISO VIEJO
DANA POINT
FOUNTAIN
VALLEY
STANTON
LAGUNA BEACH
LAGUNA
HILLS
RANCHO
SANTA
MARGARITA
LOS
ALAMITOS
LAGUNA WOODS
LA
PALMA
VILLA
PARK
Orange County Zip Codes by Supervisorial District
October 5, 2011 Portions of this map copyrighted by Thomas Bros. Maps and reproduced with permission. W:\Requests\EA\Marketing\ZipCodes\OCZIPCodes_SupeDist_2011-1005.mxd Source: OCTA
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024 1
Miles
1 2
4 3
5 Zip Code Boundary
Supervisorial District Boundary
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ORGANIZATION OF REPORT This report is designed to me et the needs of readers who prefer a summary of the findings as well as those who are interested in the details of the results.
For those who seek an overview of the findings, the section titled Key Findings is for you. It pro- vides a summary of the most impo rtant factual findings of the su rveys and a discussion of their implications. For the interested reader, this section is followed by a more detailed question-by- question discussion of the results fr om the surveys by topic area (see Table of Contents ), a description of the methodology employed for collecting and analyzing the data (see Methodology on page 44), and the questionna ire used for the interviews (see Questionnaire & Toplines on page 47).
Where appropriate, the results of the baseline su rvey (August 2020) and the initial tracking sur- vey (September 2021) have been incorporated into graphics and analyses in this report alongside data collected in the 2022 tracki ng survey to provide a more complete picture of how employ- ment arrangements, travel behavior, and activities have changed over the trajectory of the pan- demic.
ACKNOWLEDGMENTS True North thanks OCTA for the opportunity to assist the agency with this important study, especially Alice Rogan, Kurt Brotcke, and Darrell Johnson. Their collective expertise, local knowledge, and insigh t improved the overall quality of the research presented here.
DISCLAIMER The statements and conclu sions in this report are those of the authors (Dr. Timothy McLarney and Richard Sarles) at True North Research, Inc. and not necessarily those of OCTA. Any errors and omissions are the responsibility of the authors.
ABOUT TRUE NORTH True North is a full-service survey research firm that is dedicated to providing public agencies with a clear understanding of the values, perceptions, priorities, and concerns of their residents and customers. Thro ugh designing and implementing scientific sur- veys, focus groups, and one-on-one interviews, as well as expert interpretation of the findings, True North helps its clients to move with confidence when making strategic decisions in a variety of areas—such as planning, po licy evaluation, performance mana gement, organizational devel- opment, establishing fiscal priorities, and developing effective public information campaigns.
During their careers, Dr. McLarney (President) and Mr. Sarles (Principal Researcher) have designed and conducted over 1,200 survey research studies for public agencies, including more than 500 studies for California municipalities, special districts, and transportation planning agencies.
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K EY F INDINGS
This study was designed to provide OCTA with a statistically reliable understanding of how Orange County residents’ attitudes, working arrangements, travel behaviors, and activities were altered over the course of the pandemic, as well as how these patterns may have change as the pandemic recedes. Whereas subsequent sections of this report are devoted to conveying the detailed results of the survey, in this section we attempt to ‘see the forest through the trees’ and note how the collective results of the survey an swer some of the key questions that motivated the research.
Is the coronavirus pan-
demic still top-of-mind
for Orange County res-
idents?
When asked in June 2020 to identify the most important issue facing Orange County, the coronavirus pandemic/COVID-19 naturally topped the list, being mentioned by more th an one-third (34%) of respondents.
The next nearest specific issues were homelessness (12%), housing avail- ability/affordability (7%), traffic congestion (6%), and public safety/ drugs/crime (5%).
Residents’ concerns about the coronavirus in June 2020 were driven, in part, by what they saw as the pandemic’s trajectory in Orange County moving forward. Nearly two-thirds of respondents (63%) were pessimistic about the coronavirus outbreak in Or ange County at the time, anticipat- ing that the worst is yet to come. Approximately 20% were optimistic, feeling that the worst is behind us. The remaining respondents were either uncertain (16%) or preferred to not share their opinion (1%).
By September 2021, Orange County residents were far more optimistic about the path of the pandemic, wi th 53% feeling that the worst is behind us, 21% anticipating the worst is yet to come, and the remainder being unsure (25%) or unwilling to share their opinion (1%). Although still top of mind for many residents, the pandemic was no longer viewed as the most important issue facing th e County, being replaced by home- lessness (23%) and concerns about housing availability/affordability (15%) at the top of the list. Just 12% of respondents in the 2021 tracking survey identified the pandemic/COVID-19 as the most important issue facing Orange County today.
Fast forward to September 2022 and it ’s clear that the pandemic is old news for many Orange County residents. When asked to identify the number one issue facing Orange Co unty today, less than 1% mentioned COVID-19 or the pandemic, focusi ng instead on homelessness (25%), housing availability/affordability (18%), public safety/drugs/crime (11%), cost of living (9%), traffic congestion (9%), and public transportation (5%).
Consistent with this finding, three-quarters of respondents (74%) in 2022 expected that the worst of the pan demic is behind us, while just 10% anticipated the worst is yet to come, and 16% were unsure or unwilling to share their opinion.
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How has the pandemic
impacted Orange
County residents’
employment?
Consistent with the sharp increase in unemployment recorded statewide during the months of April, May and June 2020 in response to the pan- demic,3 the baseline survey results revealed that Orange County resi- dents experienced significant job losses between February and June, 2020. Full-time employment declined 9% during this period, with addi- tional declines in part-time employment (-1%) and self-employment (-1.6%). Meanwhile, the percentage of individuals surveyed who were unemployed/looking for work, laid-off, or furloughed increased from 4% to 18% between February and June, 2020.
In addition to the net loss of jobs noted above, there were other less obvious impacts that occurred in the first few months of the pandemic.
Among those who remain ed employed, the number of days worked per week declined from 4.95 days on average in February 2020 to 4.73 days per week in June 2020. Approximately 4% of individuals who were employed in February and June were also compelled to switch employers in the interim, with young adults (18 to 24) and those in households earning less than $25,000 annually being the most likely to have switched employers during this period.
More than a year later (September 2021), the initial tracking survey indi- cated that although employment ha d rebounded in Orange County from the early months of the pandemic, it remained depressed when com- pared to pre-pandemic levels. Sixty-four percent (64%) of respondents in the tracking survey indicated they were employed full-time (48%), part- time (9%), or self-employed (8%), compared to 71% in February 2020.
The 2021 patterns notwithstanding, Orange County residents antici- pated at that time that their levels of employment would return to pre- pandemic levels once the pandemic was over, with 56% expecting to work full-time, 9% part-time, and 7% self-employed during the post-pan- demic period.
The 2022 tracking survey results reve al that little has changed over the past year in terms of employment. The percentage of individuals employed full-time (49%), part-time (9%) , or self-employed (7%) is strik- ingly similar to that found in 2021, collectively just 1% higher. As was the case in 2021, however, respondents in 2022 were optimistic about their future employment, expecting that one year from now (September 2023) their levels of employment (55% full-time, 8% part-time, 8% self- employed) would be similar to pre-pa ndemic levels. And just as they were the most likely to suffer unempl oyment in the early months of the pandemic, younger adults and thos e in low-income households were
3. According to the California Employment Development Department (EDD) , the unemployment rate in Califor- nia jumped from 4.2% in February to 15.5% in April 2020, reached 16.4% in May 2020, and tapered to 14.9% in June 2020.
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also the most likely to anticipate a positive change in their employment status by 2023.
How has the pandemic
impacted where
employees work?
Concerns about COVID-19 transmission in the work place and guidelines issued by the State of California and the Centers for Disease Control and Prevention (CDC) prompted many Orange County businesses to shift to a remote work model when the pandem ic struck, with employees working from home rather than coming to a central work site. This study not only confirmed there was a dramatic shift in where business was being con- ducted in Orange County during the initial months of the pandemic, it has also demonstrated that the tide of remote work witnessed in 2020 ebbed only modestly in 2021 and appears to be settling into a new nor- mal in 2022 well-above pre-pandemic levels.
Prior to the pandemic in February 2020, less than one-quarter (23%) of employed Orange County residents indi cated they worked from home at least one day per week, which transl ated to an overall average of 0.76 days per week working from home per employee. Four months later in June 2020, 61% of employed residen ts reported that they worked from home at least one day per week, and the average number of days work- ing from home per employee had jumped to 2.52 per week.
Although the widespread availability of COVID-19 vaccines and relax- ation of public health guidelines in 2021 allowed many workers the option to return to the office, the first tracking survey in 2021 indicated that only a modest percentage decided to do so. Reporting on their work arrangements in September 2021, 48 % indicated that they worked from home at least one day per week, with the average number of days worked from home among all employ ees being 1.97—not far below the
2.52 reported in June 2020. When aske d at that time what they expect when the pandemic is over, the pe rcentage of employees who antici- pated working from home at least one day per week (44%) was double pre-pandemic levels, as was the expected average number of days worked from home per week (1.55).
The 2022 tracking survey indicate s that the average number of days worked from home has declined only slightly over the past year, even as the pandemic has waned. The patterns match closely to what employees in 2021 expected for the post-pandemic period. In September 2022, 43% of Orange County employees offered t h a t t h e y w o r k e d f r o m h o m e a t least one day per week, with the average number of days worked at home among all employees being 1. 49 (double pre-pandemic levels).
Interestingly, the survey also reve als that some employees aspire to increase the days they work from home over the next year, as the aver- age expected number of days worked from home one year from now (September 2023) is 1.60.
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Which industries and
occupations are work-
ing remotely?
Although all industries and occu pational categories experienced an increase in remote working during the pandemic, by September 2022 the patterns were far from even. Certain industries such as finance & insurance, information, wholesale trade, real estate, rental & leasing, and professional, scientific & technology apparently lend themselves to work- ing from home, with three-quarters or more of employees surveyed in these industries indicating that their employers give them the option to work from home. At the other end of the spectrum, less than one-third of employees in industries that generally require in-person services or labor such as utilities, accommodation & food services, education, and con- struction reported that their employ er gives them the option to work from home at least one day per week.
Similarly, remote work patterns varied dramatically across occupations in September 2022, with far more office professionals reporting that their employers allow them the option to work from home when compared to those working in manual or skilled labor positions. At the extremes, more than three-quarters of employ ees working in legal, business and financial positions, and computer or math science reported that their employer allows them to work from home, compared to less than 10% of employees in protective services and construction/extraction positions.
How has working from
home impacted
employees’ work expe-
riences and lives?
Employees who currently work at ho me at least one day per week were generally positive when asked how remote work has impacted various aspects of their job performance and their personal lives. Indeed, for all but two dimensions tested, the percentage of employees who felt that remote work had helped was substant ially higher than the percentage who felt it had hurt.
The largest net positive outcomes were reported for the impacts of remote working on their expenses, job satisfaction, productivity, ability to manage their time, and ability to strike a balance between work and their personal life. To a lesser degre e, remote work was also generally viewed to have a net positive impact on the quality of their work and their ability to communicate with external customers and partners.
Where remote work was perceived to be harmful focused on employees’ abilities to communicate and collaborate with other employees.
How has the pandemic
impacted commute pat-
terns?
The dramatic increase in remote working that occurred in the initial months of the pandemic had a dire ct impact on commute patterns in Orange County. With far more em ployees reporting that they only worked from home in June 2020 (47%) when compared to February 2020 (12%), the percentage who commuted to a work site at least occasionally declined from 89% to 54% during this period. The net reduction in work commutes was felt in every mode ca tegory, with the percentage of employees reporting that they typically commute to work by driving alone declining from 77% to 48%, and use of public transit, active trans- 175
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portation, and carpool/vanpool for commuting was cut in half during the same period.
By September 2021, many workers had resumed their commutes to a work location outside of their home (at least once per week), although as noted above the amount of work taking place in the home remained well above pre-pandemic levels. Of the 70% of employees who commuted to work in September 2021, 60% indicated they typically drove alone, 4% took public transit, 3% carpooled or vanpooled, 2% used active transpor- tation (walk/run/bike/E-bike), and 2% used a different mode.
With respect to alternative modes of transportation, the trend back toward pre-pandemic commute patterns was expected to continue when employees were surveyed in 2021. Once the pandemic is over, 5% of employees anticipated that they woul d typically use public transit for their commute, 4% expected to carpoo l or vanpool, 2% expected to use active transportation, and 2% othe r modes. Approximately seven-in-ten employees (69%) anticipated that th ey would drive alone to work once the pandemic is over, which is a pproximately 10% less than pre-pan- demic due to the higher percentage of employees (18%) who anticipate only working from home and thus will not be commuting.
Fast-forward to September 2022 and th e patterns are nearly identical to what employees forecast in 2021 fo r the post-pandemic period. Of the 81% of employees who commuted to work in September 2022, 69% indi- cated they typically drove alone, 5% took public transit, 1% carpooled or vanpooled, 4% used active transportation (walk/run/bike/E-bike), and 2% used a different mode. Employees al so anticipated that these mode choice patterns would hold over the next year, with expectations for Sep- tember 2023 being nearly identical to the current period.
In what other ways has
the pandemic impacted
residents’ activities?
In the first few months of the pandemic, Orange County residents made significant changes in their travel , shopping, and dining habits. With respect to travel behavior, the percentage of days they drove alone in a vehicle declined from 65% in February 2020 to 43% in June 2020, use of on-demand rideshare declined from 4% of days in February to 1% in June, carpooling with someone they don’t live with declined from 4% of days in February to 1% in June, riding a bus declined from 3% of days on average in February to 1% in June, while riding Metrolink or Amtrak declined from 1% of days in February to 0.2% in June.
With respect to shopping and dining, the dramatic decline in the percent- age of days respondents reported eating a meal at a restaurant (24% in February vs 5% in June) was only partially offset by an increase in the per- centage of days they ordered food for pick-up (12% in February vs 17% in June) or delivery (6% in February vs 8% in June). When compared to the patterns in February, there was also a modest uptick in the percentage of 176
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days Orange County residents purchased groceries online (2% in Febru- ary vs 5% in June) and purchased other products online (20% in Febru- ary vs 25% in June).
By August 2021, many of the activi ties had bounced back toward pre- pandemic levels. When compared to June 2020, the percentage of days respondents drove alone in a vehicle increased from 43% to 56%, use of on-demand rideshare increased from 1% of days to 3%, carpooling with someone they don’t live with incr eased from 1% to 4%, riding a bus increased from 1% of days to 3%, while riding Metrolink or Amtrak increased from 0.2% of days in June 2020 to 1% in August 2021. Interest- ingly, the changes in shopping and dining behavior between June 2020 and August 2021 were comparatively slight, with the exception of eating a meal at a restaurant, which increased from 5% of days in June 2020 to 17% of days in August 2021.
When asked in 2021 to think ahead to the post-pandemic period, respon- dents anticipated small changes in the number of days they would engage in most activities when compared to August 2021, including pur- chasing products online (-4%), eating a meal at a restaurant (+3%), order- ing food for pick-up from a restaurant (-2%), ordering food for delivery from a restaurant (-1%), purchasing groceries online (-0.5%), carpooling (+1%), using on-demand rideshare (+0.8%), riding a bus (+1%), riding Metrolink or Amtrak (+1%), and vanpooling (+0.2%). The one notable exception was a large decline in the per centage of days they anticipated driving alone in a vehicle (-20%) once the pandemic is over when com- pared to August 2021.
The 2022 tracking survey found that little actually changed during the prior year, as the patterns closely matched those found in August 2021.
Although respondents in 2021 had anticipated a large decline in the number of days they would drive post-pandemic, the percentage of days respondents drove alone in a vehicle decreased just 2% by August 2022 (from 56% to 54%), use of on-demand rideshare increased from 3% of days to 5%, carpooling with someone they don’ t live with stayed the same at 4%, riding a bus increased from 3% of days to 4%, while riding Metrolink or Amtrak increased from 1% of days in August 2021 to 2% in August 2022. Interestingly, most of the changes in shopping and dining behavior between August 2021 and August 2022 were slight (2% or less), with the exception of ordering food for pick-up from a restaurant (-3%) and purchasing products online (-3%).
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L OCAL I SSUES & T HE P ANDEMIC
At the outset of the interview, respondents were asked to identify the most important issues fac- ing Orange County today, as well as their ex pectations for the corona virus pandemic in the County.
MOST IMPORTANT ISSUES The opening question in this series asked respondents to identify the most important issue facing Orange County today. Question 2 was presented in an open-ended manner, which allowed respondents to mention any issue that came to mind without being prompted by—or restricted to—a particular list of issues. True North later reviewed the verbatim responses and grouped them into the categories shown in Figure 2.
Question 2 Thinking about Orange County as a whole, what would you say is the most impor- tant issue facing Orange County today?
FIGURE 2 MOST IMPORTANT ISSUE FACING COUNTY
Homelessness was top-of-mind for many respondents, with one-quarter (25%) identifying it as the most important issue facing Orange County today. Other specific issues mentioned in response to Question 2 included housing availability/affordability (18%), public safety/drugs/ crime (11%), cost of living (9%), traffic congestion (9%), and public transportation (5%). It is also worth noting that 16% of respondents could not i dentify an issue they fe lt was the most impor- tant facing Orange County as a whole.
25.0 18.3
15.6 10.7
9.3 8.6
5.4 2.9
2.9 2.9
2.8 2.6
2.1 2.0
1.7 1.7
1.7 1.3
1.1 0 5 10 15 20 25
Homelessness
Housing availability, affordability
Not sure, cannot think of anything
Public safety, drugs, crime
Cost of living
Traffic congestion
Public transportation
Development, loss of open space
Population, overcrowding
Infrastructure maintenance, repair
Environmental issues, concerns
Water supply issues, concerns, drought
Economy, unemployment
High gas prices
High taxes
Political division
Illegal immigration issues
Leadership, government
Education, schools
% Respondents
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Table 1 shows how responses to Question 2 vari ed by Supervisorial District. Although the rank order varied somewhat, homelessness, housing availability/affordability, and public safety were the top three concerns in four of five districts. Moreover, Ta ble 2 demonstrates that although COVID-19 was the top concern for residents back in 2020, it no longer ranks among the top con- cerns. In fact, the percentage of respondents citing COVID-19/pandemic as the top issue in Orange County in 2022 was less than 1%, which is why it does not appear in Figure 2.
TABLE 1 TOP ISSUE FACING COUNTY BY SUPERVISORIAL DISTRICT TABLE 2 TOP ISSUES FACING COUNTY BY STUDY VERSION
One Two Three Four Five
Homelessness Homelessness
Housing
availability,
affordability
Homelessness
Housing
availability,
affordability
Not sure, cannot
think of anything
Housing
availability,
affordability
Not sure, cannot
think of anything
Housing
availability,
affordability
Homelessness
Housing
availability,
affordability
Not sure, cannot
think of anything Homelessness Not sure, cannot
think of anything
Not sure, cannot
think of anything
Public safety,
drugs, crime
Public safety,
drugs, crime
Traffic
congestion Cost of living Public safety,
drugs, crime
Cost of living Cost of living Public safety,
drugs, crime
Traffic
congestion Cost of living
Traffic
congestion
Public
transportation Cost of living Public safety,
drugs, crime
Traffic
congestion
Public
transportation
Traffic
congestion
Public
transportation
Public
transportation
Environmental
issues, concerns
Environmental
issues, concerns
Development,
loss of open
space
Population,
overcrowding High gas prices Public
transportation
Infrastructure
maintenance,
repair
Economy,
unemployment
Environmental
issues, concerns High taxes Water supply
issues, concerns
Political division Population,
overcrowding
Development,
loss of open
space
Infrastructure
maintenance,
repair
Population,
overcrowding
Supervisorial District
Baseline
Jul 2020
Tracking
Sep 2021
Tracking II
Sep 2022
COVID-19
concerns, issues Homelessness Homelessness
Not sure, cannot
think of anything
Housing
availability,
affordability
Housing
availability,
affordability
Homelessness Not sure, cannot
think of anything
Not sure, cannot
think of anything
Housing
availability,
affordability
COVID-19
concerns, issues
Public safety,
drugs, crime
Traffic
congestion
Traffic
congestion Cost of living
Study Version
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EXPECTATIONS FOR CORONAVIRUS PANDEMIC Anticipating that in certain waves of the survey respondents would identify the coronavirus/COVID-19 as the most important issue facing Orange County, the surveys explored resp ondents’ views regarding the trajectory of the pandemic. When it comes to the coronavirus outbreak in Orange County, do they think the worst is behind us—or is the worst yet to come?
As shown in Figure 3, opinions about the pandemic have changed dramatically over the past two years. In the baseline survey conducted in July 2020, nearly two-thirds of respondents (63%) were pessimistic about the coronavirus outbreak in Orange County, anticipating that the worst is yet to come. Approximately 20% were optimistic, feeling that the worst is behind us. The remaining respondents were either uncertain (16%) or preferred to not share their opinion (1%). By Septem- ber 2021, Orange County residents were far more optimistic about the path of the pandemic, with 53% feeling that the worst is behind us, 21% anticipating the worst is yet to come, and the remainder being unsure (25%) or unwilling to share their opinion (1%). In this latest tracking sur- vey (2022), three-quarters of respondents (74%) expected that the worst of the pandemic is behind us, while just 10% anticipated the worst is yet to come, and 16% were unsure or unwilling to share their opinion.
Question 3 Which comes closer to your view about where Orange County stands in the corona- virus outbreak: the worst is behind us OR the worst is yet to come? FIGURE 3 OPINION OF CORONAVIRUS OUTBREAK BY SURVEY YEAR † Statistically significant change (p < 0.05) between the 2021 and 2022 studies.
Figures 4-6 on the next page show how expecta tions for the coronavirus pandemic in Orange County in the tracking survey (September 2022) varied by age, employment status in September 2022 and one year from now, length of residenc e in Orange County, Supervisorial District, gen- der, ethnicity, and household in come. Although certain groups (e.g., high income households) were more optimistic than others, it is striking that the dominant opinion in every identified sub- group was that the worst of the coronavirus pandemic is behind us.
74.0†
52.9 20.4
9.8†
21.2 63.0
15.0†
24.7 15.5
0 10
20 30
40 50
60 70
80 90
100
Baseline Study
Jul 2020
Tracking Study
Sep 2021
Tracking Study II
Sep 2022
Study Version
% Respondents
Prefer not to
answer
Not sure
Worst is yet
to come
Worst is
behind us
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FIGURE 4 OPINION OF CORONAVIRUS OUTBREAK BY AGE & EMPLOYMENT STATUS SEP VS ONE YEAR FIGURE 5 OPINION OF CORONAVIRUS OUTBREAK BY YEARS IN ORANGE COUNTY, SUPERVISORIAL DISTRICT & GENDER 77 78 77
71 67
72 22
13 9 6 5 5
10 7
16 16
60 70
75 82
0 10
20 30
40 50
60 70
80 90
100
18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older Employed Sep & in
one year
Not
employed
Sep & in
one year
Employed
Sep but not
in one year
Not
employed
Sep,
employed in
one year
Age (QD1) Employment Status Sep vs in One Year (Q4,16)
% Respondents
Worst is behind us Worst is yet to come
75 71 73
81 66
80 81
69 11 13 13 9 9 10 11
5 16
6 6
13 7471
67 73
0 10
20 30
40 50
60 70
80 90
100
Less than
3 3 to 4 5 to 9 10 to 14 15 or
mo re
One Two Three Four Five Male Female
Years in Orange County (Q1) Supervisorial District Gender (QD2) % Respondents
Worst is behind us Worst is yet to come
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FIGURE 6 OPINION OF CORONAVIRUS OUTBREAK BY ETHNICITY & HSLD INCOME 76 56
64 69
74 80
88 6
13 14 11 11
19 13 12
8 7 5
83 68
73 68
0 10
20 30
40 50
60 70
80 90
100
Caucasian
/ White
Latino /
Hispanic
Af Amer. /
Black
Asian
American
Mixed or
other
Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
mo re
Ethnicity (QD5) Hsld Income (QD6)
% Respondents
Worst is behind us Worst is yet to come
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E MPLOYMENT & C OMMUTE
As noted in the Introduction, the primary purpose of the study described in this report was to develop a statistically reliable understanding of how the pandemic has altered working arrange- ments, travel behaviors, and mo de choice for Orange County re sidents. To identify the changes that have occurred, the surveys asked a series of questions that profiled respondents’ employ- ment status, working arrangements, and commute behavior in February 2020 (before the pan- demic), in June 2020 (during the pandemic), in September 2021 (during the pandemic), and in September 2022 (waning pandemic). Respondents in the 2021 tracking survey were also asked about their anticipated work and commute characteristics once th e pandemic is over (post-pan- demic), while those in the 2022 tracking surv ey were asked about their work and commute expectations for one year from now. The results from all three surveys are combined in the graphics presented in this section to allow for easy comparisons, although it is important to note that the question numbering aligns with the 2022 tracking survey.
Question 4 We're interested in how your activities may have changed in response to the pan- demic. First, let me ask about your current situation. Which best describes your current employ- ment status? Are you employed full-time, empl oyed part-time, self-employed, laid-off or furloughed, not employed but looking for work, a student, a homemaker, or retired? Question 16 Next, let me ask you about the future, one year from now. If you aren't sure about an answer, please give me your best estimate. One year from now, do you expect to be employed full-time, employed part-time, self-employed, laid-off or furloughed, not employed but looking for work, a student, a homemaker, or retired?
FIGURE 7 EMPLOYMENT STATUS: FEB 2020, JUN 2020, SEP 2021 & POST-PANDEMIC EXPECTATIONS, SEP 2022 & SEP 2023 EXPECTATIONS
48.8 55.1
9.2 8.07.6 7.3
7.90.8 0.36.9
5.5 2.0
5.0 1.6
6.9 3.9
5.8 4.8 5.9 5.9
3.2 3.7 3.9 3.5 4.0 2.3
14.7 15.0 17.9 18.2 18.9 18.9
53.3 44.5 47.6
55.5 10.3 9.1
9.29.3 6.5
5.7 7.3 0.4
2.5 1.9
11.0 2.3
0 10
20 30
40 50
60 70
80 90
100
Feb 2020 Jun 2020 Sep 2021 Post-
Pandemic
Sep 2022 Sep 2023
Baseline Study Tracking Study Tracking Study II
% Respondents Who Provided Opinion
Retir ed
Homemaker
Student
Not employed,
looking for work
Laid-off /
Furloughed
Self-employed
Employed part-
time
Employed full-
time
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EMPLOYMENT STATUS Consistent with the sharp incr ease in unemployment recorded statewide during the months of April, May and June 2020 in response to the pandemic, 4 the baseline survey results revealed that Orange County residents experienced significant job losses in the early months of the pandemic. Full-time employment declined 9% between February and June 2020, with additional declines in part-time employment (-1%) and self-employment (-1.6%).
Meanwhile, the percentage of individuals surveyed who were unemployed/looking for work, laid- off, or furloughed increased from 4% to 18% between February and June, 2020 (see Figure 7).
More than a year later (September 2021), the tracking survey indicated that although employ- ment had rebounded in Orange County from the early months of the pandemic, it remained depressed when compared to pr e-pandemic levels. Sixty-four percent (64%) of respondents in the 2021 tracking survey indicated they were employed full-time (48%), part-time (9%), or self- employed (8%), compared to 71% in February 2020. The patterns at that time notwithstanding, Orange County residents anticipat ed that their levels of employment would return to pre-pan- demic levels once the pandemic is over, with 56% expecting to work full-time, 9% part-time, and 7% self-employed during the post-pandemic period.
The 2022 tracking survey results reveal that little has changed over the past year in terms of employment. The percentage of individuals empl oyed full-time (49%), part-time (9%), or self- employed (7%) is strikingly similar to that found in 2021, collectively just 1% higher. As was the case in 2021, however, respondents in 2022 were optimistic about their future employment, expecting that one year from now the levels of employment (55% full-time, 8% part-time, 8% self- employed) would be similar to pre-pandemic levels.
Figures 8 and 9 highlight patter ns of employment in September 2022 and expectations for a year from now (September 2023) among key subgroups of Orange County residents. The top two layers of the bar focus on those whos e employment status is expected to change between Sep- tember 2022 and a year from now. Across all subgroups, the percentage that expected a change in employment status during this period ranged between 5% and 28%, with the dominant type of change being a transition from not being employed in September 2022 to gaining employment a year from now. When compared to their respective counterparts, younger residents (under 35) and low-income residents (under $25,000 annually) were the most likely to anticipate a change in employment status.
4. According to the California Employment Development Department (EDD) , the unemployment rate in Califor- nia jumped from 4.2% in February to 15.5% in April 2020, reached 16.4% in May 2020, and tapered to 14.9% in June 2020.
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FIGURE 8 EMPLOYMENT STATUS: SEP 2022 & SEP 2023 EXPECTATIONS BY OVERALL & AGE FIGURE 9 EMPLOYMENT STATUS: SEP 2022 & SEP 2023 EXPECTATIONS BY ETHNICITY & HSLD INCOME DAYS WORKING PER WEEK In addition to a change in employment status, some workers experienced a reduction in the number of days they worked per week during the first few months of the pandemic. As shown in Figure 10 on the next page, 86% of employees reported that they worked at least five days per week in February 2020, with the average number of days worked among all employed individuals being 4.95. By June 2020, those figures had declined to 77% working at least five days per week, and 4. 73 days worked per week, on average. The first tracking survey results revealed that by September 2021, the average number of days worked per week returned to pre-pandemic levels (4.90) with little change expected once the pandemic is over (4.91). The patterns in September 2022 were similar, with employees working an average
4.89 days. That said, one year into the future (September 2023), employees anticipated a slight reduction in the average number of days worked per week (4.82).
83.8 64.9
15.6 9.2
27.0 78.0
2.6 0.4 1.4 3.3 2.25.6 4.9 4.2
80.576.6
51.9 63.0
26.7 12.0 9.7
26.6 2.5
6.0 15.5
7.9 8.8 9.5
0 10
20 30
40 50
60 70
80 90
100
18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older Overall Age (QD1)
% Respondents Who Provided Opinion
Not employed
Sep, employed in
one year
Employed Sep but
not in one year
Not employed
Sep & in one year
Employed Sep &
in one year
66.3 34.0
61.1 63.1 63.3 70.8 76.7
16.6 38.0
26.3 25.3 29.6
24.0 16.4
5.0 2.6
3.3 2.4
2.3 3.9 2.2 1.1 3.313.8
25.5 10.4 7.7 4.9 4.1 3.6
59.7 67.3
77.1 63.8
32.5 28.9
16.4 17.6
2.8 1.8
4.71.56.0 12.3
0 10
20 30
40 50
60 70
80 90
100
Caucasian
/ White
Latino /
Hispanic
Af Amer.
/ Black
Asian
American
Mixed or
other
Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
more
Ethnicity (QD5) Hsld Income (QD6)
% Respondents Who Provided Opinion
Not employed
Sep, employed in
one year
Employed Sep but
not in one year
Not employed
Sep & in one year
Employed Sep &
in one year
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Question 5 How many days per week do you typically work? Question 17 One year from now, how many days per week do you expect to work? FIGURE 10 WORK DAYS PER WEEK: FEB 2020, JUN 2020, SEP 2021 & POST-PANDEMIC EXPECTATIONS, AND SEP 2022 & SEP 2023 EXPECTATIONS
Figures 11-13 broaden the work days analysis to include all respondents (regardless of their employment status in September 2022) to prov ide a wider perspective on current and expected working days. As shown in the figures, the vast majority of respondents in all subgroups antici- pated they will work the same number of days one year from now as they did in September 2022 (i.e., no change). Among those wh o did anticipate a change in work days, the patterns varied across subgroups with some (under 25 years of age, mixed ethnicity, lower income, part-time employees, and those not currently employed) expecting to work more days one year from now, while others (African Americans, full-time employ ees, and self-employed) anticipating they will work fewer days.
0.0 0.91.4 1.4
4.5 6.0 6.4
9.5 10.8
65.8 71.9 74.1 68.2
69.9 10.0 7.9 9.8 8.0 9.9
8.0 3.8 3.7 3.1 3.6 4.1 2.7
0.70.71.90.4 4.1 2.0 1.71.24.7
6.0 4.6
10.7 7.4 7.9 7.3
72.5 0
10 20
30 40
50 60
70 80
90 100
Avg = 4.95
Days
Avg = 4.73
Days
Avg = 4.90
Days
Avg = 4.91
Days
Avg = 4.89
Days
Avg = 4.82
Days
Feb 2020 Jun 2020 Sep 2021 Post-Pandemic Sep 2022 Sep 2023 Baseline Study Tracking Study Tracking Study II
% Employed Respondents
Seven
Six
Five
Four
Three
Two
One
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FIGURE 11 WORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY OVERALL, SUPERVISORIAL DISTRICT & AGE
FIGURE 12 WORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY ETHNICITY & HSLD INCOME FIGURE 13 WORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY EMPLOYMENT STATUS SEP 2022
13.7 11.0
30.7 14.7 15.1 9.3 6.0 4.8
76.0 77.3
57.4 74.5 74.8 81.1 84.9 89.8
7.8 7.6 10.3 11.8 11.9 10.8 10.1 9.7 9.1 5.4
13.2 15.2 14.6 10.9
77.3 81.5 77.574.5
10.39.5 0
10 20
30 40
50 60
70 80
90 100
One Two Three Four Five 18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older
Overall Supervisorial District Age (QD1)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023More days per wk
in Sep 2023
22.6 31.7
21.6 14.6 9.9 6.1 5.6
67.4 59.3
67.7 75.4 79.4 85.5 84.5
20.2 7.6 10.1 8.9 10.7 10.1 10.7 8.4 9.9
9.64.3 19.1
10.2 70.5
75.5 82.880.7
9.0 10.4
0 10
20 30
40 50
60 70
80 90
100
Caucasian
/ White
Latino /
Hispanic
Af Amer.
/ Black
Asian
American
Mixed or
other
Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
more
Ethnicity (QD5) Hsld Income (QD6)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023
More days per wk
in Sep 2023
72.8 25.7
36.9 4.0
27.2 74.3
63.1 96.0
21.6 0.0 0.0 0.0 0.0 0.0
2.0 37.8
10.3 73.2
85.0 26.8
68.1 44.6
17.613.0
0 10
20 30
40 50
60 70
80 90
100
Employed
full-time
Employed
part-time
Self-
employed
Laid-off,
furloughed
Not
employed,
looking
Student Homemaker Retired
Employment Status Sep (Q4)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023
More days per wk
in Sep 2023
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WORKING FROM HOME Concerns about COVID-19 trans mission in the work place and guidelines issued by California and the Cent ers for Disease Control and Prevention (CDC) prompted many Orange County businesses to sh ift to a remote workin g model when the pan- demic struck, with employees working from home rather than coming to a central work site. As shown in Figure 14, the pandemic created a dramatic shift in where business is being conducted in Orange County that has endured even as the pandemic has waned.
Prior to the pandemic in February 2020, less than one-quarter (23%) of employed Orange County residents indicated they worked from home at least one day per week, which translated to an overall average of 0.76 days per week working from home per employee. Four months later in June 2020, 61% of employed residents reported that they worked from home at least one day per week, and the average number of days workin g from home per employee had jumped to 2.52 per week.
Question 6 Of the < insert from Q5 > days per week you typically work, how many of these days do you primarily work from home?
Question 18 Of the < insert from Q15 > days per week you expect to work, how many of these days do you expect to primarily work from home one year from now? FIGURE 14 TELEWORK DAYS PER WEEK: FEB 2020, JUN 2020, SEP 2021 & POST-PANDEMIC EXPECTATIONS, AND SEP 2022 AND SEP 2023 EXPECTATIONS
Although the widespread availability of COVID-19 vaccines and relaxation of public health guide- lines in 2021 allowed many workers the option to return to the office, the first tracking survey in 2021 indicated that only a modest percentage decided to do so. Reporting on their work arrangements in September 2021, 48% indicated that they worked from home at least one day per week, with the average number of days worked from home among all employees being
57.4 51.2
6.5 8.3
4.9 7.7 8.6 11.0
5.5 8.5
7.6 5.7
5.1 5.2 4.7
6.5 33.5
24.9 14.2 13.9 13.7
0.6 2.2 2.1 1.1 1.2 1.4
56.051.7
38.9 76.7
5.0 4.6
5.4 5.2
4.5 5.6
5.6 2.9
5.1 9.4
2.3 0
10 20
30 40
50 60
70 80
90 100
Avg = 0.76
Days,
15.1% of Days
Worked
Avg = 2.52
Days,
52.8% of Days
Worked
Avg = 1.97
Days,
39.4% of Days
Worked
Avg = 1.55
Days,
31.2% of Days
Worked
Avg = 1.49
Days,
30.1% of Days
Worked
Avg = 1.60
Days,
32.9% of Days
Worked
Feb 2020 Jun 2020 Sep 2021 Post-Pandemic Sep 2022 Sep 2023 Baseline Study Tracking Study Tracking Study II
% Employed Respondents
Seven
Six
Five
Four
Three
Two
One
None
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1.97—not far below the 2.52 reported in June 2020. When asked at that time what they expect when the pandemic is over, the percentage of employees who anticipated working from home at least one day per week (44%) was double pre-pandemic levels, as was the expected average num- ber of days worked from home per week (1.55).
The 2022 tracking survey indicates that the av erage number of days worked from home has declined only slightly over the past year, even as the pandemic has waned. The patterns match closely to what employees in 2021 expected for the post-pandemic period. In September 2022, 43% of Orange County employees offered that they worked from home at least one day per week, with the average number of days worked at ho me among all employees being 1.49 (double pre- pandemic levels). Interestingly, the survey also reveals that some employees aspire to increase the days they work from home over the next year, as the average expected number of days worked from home one year from now (September 2023) is 1.60.
In a manner similar to that described above fo r the work days analys is, Figures 15-17 broaden the teleworking analysis to put remote working patterns in the context of all respondents. As shown in the figures, the majority of responde nts in all subgroups anticipated that the number of days they work from home each week a year from now (September 2023) will be the same as the number they worked in September 2022. Younger employees (under 35), those residing in Supervisorial District 2, Latinos and those of mixed ethnicity, individuals from households earn- ing less than $50,000 per year, and those currently laid off, furloughed, unemployed, or not looking for work were the most likely to expect an increase in the number of days they telework in the coming year.
FIGURE 15 TELEWORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY OVERALL, SUPERVISORIAL DISTRICT & AGE
13.0 10.4
18.7 21.5
14.4 8.9 10.4 4.2
79.7 79.0
75.3 70.9
76.6 78.4 77.9 91.9
5.6 10.5 7.3 10.5 6.0 7.6 9.0 12.7 11.7
3.9 10.817.212.813.0
78.0 77.2
78.778.5
8.5 9.2
0 10
20 30
40 50
60 70
80 90
100
One Two Three Four Five 18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older
Overall Supervisorial District Age (QD1)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023More days per wk
in Sep 2023
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FIGURE 16 TELEWORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY ETHNICITY & HSLD INCOME FIGURE 17 TELEWORK DAYS PER WEEK SEP 2022 VS SEP 2023 EXPECTATIONS BY EMPLOYMENT STATUS SEP COMMUTE MODE The dramatic increase in remote wo rking that occurred between Febru- ary and June 2020 had a direct impact on commute patterns in Orange County. With far more employees reporting that they only worked from home in June (47%) when compared to February (12%), the percentage who commuted to a work site at least occasionally declined from 89% in February to 54% in June 2020 (see Figure 18). The net reduction in work commutes was felt in every mode category, with the percentage of employees reporting that they typically commute to work by driving alone declining from 77% to 48%, and use of public transit, active transportation, and carpool/vanpool for commuting was cut in half during the same period.
By September 2021, many workers had resumed th eir commutes to a work location outside of their home (at least once per week), although as noted in the previous section the amount of work taking place in the home remained well above pre-pandemic levels. Of the 70% of employ- ees who commuted to work in September 2021, 60% indicated they typically drove alone, 4%
21.3 17.4 19.2 13.7 11.0 10.6 8.8
69.8 76.6 74.2 78.6 82.2 79.3 78.4
16.9 9.5 8.9 6.0 6.5 7.7 6.7 10.1 12.8
9.9 19.0 12.2 9.5
80.0 81.070.9
75.6 5.410.0
0 10
20 30
40 50
60 70
80 90
100
Caucasian
/ White
Latino /
Hispanic
Af Amer.
/ Black
Asian
American
Mixed or
other
Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
more
Ethnicity (QD5) Hsld Income (QD6)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023
More day s per wk
in Sep 2023
44.7 9.6
20.5 2.4
55.3 90.4
79.5 97.6
23.2 0.0 0.0 0.0 0.0 0.0
46.4 11.217.612.6
70.1 65.6
53.6 75.9
11.5 12.3
0 10
20 30
40 50
60 70
80 90
100
Employed
full-time
Employed
part-time
Self-
employed
Laid-off,
furloughed
Not
employed,
looking
Student Homemaker Retired
Employment Status Sep (Q4)
% Respondents Who Provided Opinion
Fewer days per
wk in Sep 2023
Same days per wk
in Sep 2023More days per wk
in Sep 2023
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took public transit, 3% carpooled or vanpooled, 2% used active transportation (walk/run/bike/E- bike), and 2% used a different mode.
With respect to alternative modes of transporta tion, the trend back to ward pre-pandemic com- mute patterns was expected to continue when employees were surveyed in 2021. Once the pan- demic is over, 5% of employees anticipated that they would typically use public transit for their commute, 4% expected to carpool or vanpool, 2% expected to use active transportation, and 2% other modes. Approximately seven-in-ten employees (69%) anticipated that they would drive alone to work once the pandemic is over, wh ich is approximately 10% less than pre-pandemic due to the higher percentage of employees (18% ) who anticipate only working from home and thus will not be commuting.
Fast-forward to September 2022 and the patterns are nearly identical to what employees forecast in 2021 for the post-pandemic period. Of the 81% of employees who commuted to work in Sep- tember 2022, 69% indicated they typically drove alone, 5% took public transit, 1% carpooled or vanpooled, 4% used active transportation (walk/ run/bike/E-bike), and 2% used a different mode.
Employees also anticipated that these mode choice patterns would hold over the next year, with expectations for September 2023 being nearly identical to the current period.
Question 7 When you commute to a work destination outside of your home, how do you typi- cally commute to work?
Question 19 When you commute to a work destination outside of your home one year from now, how will you typically commute to work?
FIGURE 18 COMMUTE MODE: FEB 2020, JUN 2020, SEP 2021 & POST-PANDEMIC EXPECTATIONS, SEP 2022 AND SEP 2023 EXPECTATIONS
Figure 19 on the next page shows how the September 2022 and anticipated September 2023 commute modes varied by Supervisorial District.
19.0 19.5
68.8 69.1
4.6 5.1 4.71.4 2.02.2 3.8 3.0
18.3 29.5
46.5 11.5
47.6 60.4
68.976.8
3.54.1 1.6
2.44.3 3.3 4.3
1.81.6 0.9
0 10
20 30
40 50
60 70
80 90
100
Feb 2020 Jun 2020 Sep 2021 Post-
Pandemic
Sep 2022 Sep 2023
Baseline Study Tracking Study Tracking Study II
% Employed Respondents
Other mode
Walk / Run / E-bike
Carpool / Vanpool
Public transit
Drive alone
Only work from
home
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FIGURE 19 COMMUTE MODE SEP 2022 VS SEP 2023 EXPECTATIONS BY SUPERVISORIAL DISTRICT COMMUTE DISTANCE Although the percentage of empl oyees commuting to work has fluctuated dramatically over the course of the pandemic, the average commute distance among those still commuting to work has remained fairly consistent—averaging 16.38 miles prior to the pandemic, 15.3 miles in June 2020, and 18.76 miles in September 2021, and 17.20 miles in Sep- tember 2022 (Figure 20).
Question 8 In miles, what is the approximate one-way commute distance between your home and your place of work?
FIGURE 20 WORK COMMUTE MILES: FEB 2020, JUN 2020, SEP 2021 & SEP 2022
28.0 26.9
17.1 15.1
23.4 21.7
61.3 64.0
66.5 72.7
66.9 70.2
4.7 7.2 4.5
7.9 4.9 3.3
12.4 16.6 15.7 18.7
78.3 65.470.473.0
3.32.64.64.7 0
10 20
30 40
50 60
70 80
90 100
Sep 2022 Sep 2023 Sep 2022 Sep 2023 Sep 2022 Sep 2023 Sep 2022 Sep 2023 Sep 2022 Sep 2023 One Two Three Four Five
Supervisorial District
% Employed Respondents
Other mode
Public transit
Walk / Run / E-bike
Carpool / Vanpool
Drive alone
Only work from
home
9.5 15.7
10.8 15.4
12.5 12.0
9.4 5.5
8.0 6.9
4.0 2.3 4.9 5.9
11.8 49.1
30.2 19.6
7.4 5.7
7.5 4.7
8.2 13.1
18.7 16.6
20.2 12.3
9.5 17.3
16.9 8.4
0 10
20 30
40 50
60 70
80 90
100
Avg = 16.38 Miles Avg = 15.29 Miles Avg = 18.76 Miles Avg = 17.20 Miles Feb 2020 Jun 2020 Sep 2021 Sep 2022
Baseline Study Tracking Study Tracking Study II
% Employed Respondents
More than 40
26 to 40
16 to 25
11 to 15
6 to 10
3 to 5
Less than 3
None, only work
from home
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EMPLOYER’S POLICY ON WORKING FROM HOME The ability for an employee to work from home requires an employer that embraces (or at leas t accepts) the practice. Prior to the arrival of COVID-19, most employed Orange County residents (70%) indicated that their employer did not offer them the option to work from home at least one day per week. Approxi- mately one-quarter of individuals (24%) worked for an employer who allowed remote working and took advantage of the opportunity by working from home at least one day, whereas an addi- tional 7% were given the opportunity to work from home, but declined to do so (see Figure 21).
By June 2020, the pandemic had forced many employers to change their policies regarding remote work. Whereas seven-in-ten employees reported in February their employer did not allow them to work from home at least one day per week, by June 2020 that figure had been cut in half to 34%. Two-thirds of employed Orange County residents in June 20 20 reported that their employer allowed them to telework from home at least one day per week, with 62% reporting that they did so.
The widespread availability of COVID-19 vaccines an d relaxation of public health guidelines in 2021 appeared to prompt some Orange County employers to rescind their policies allowing remote work, as nearly half (47%) of employees surveyed in September 2021 indicated that their employer did not allow them the option of working from home at least once day per week. A sim- ilar percentage (49%) indicated their employer allowed remote work and they work from home at least one day per week, whereas 5% indicated th ey had the option to work from home, but choose not to do so. One year later (September 2022), the number of individuals working for an employer who does not allow remo te work increased significantly to 53%, the number who indi- cated their employer does allow remote work and they work from home at least one day per week declined significantly to 43%, whereas the number with the option to work from home that choose not to remained about the same (4%).
Question 9 Does your employer currently give you the option to work from home at least one day per week?
FIGURE 21 TELEWORK OPTION: FEB 2020, JUN 2020, SEP 2021 & SEP 2022 † Statistically significant change (p < 0.05) between the 2021 and 2022 studies.
46.8 42.9†48.6
61.6 23.7
4.8 4.6
4.4 6.7
52.7†
69.6 33.7
0 10
20 30
40 50
60 70
80 90
100
Feb 2020 Jun 2020 Sep 2021 Sep 2022
Baseline Study Tracking Study Tracking Study II
% Employed Respondents
Employer did not
offer, or not sure
Employer offered,
but did not work
from home
Employer offered,
worked at least one
day from home
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Although all industries and occupational categori es experienced an increase in remote working during the pandemic, by September 2022 the patter ns were far from even (see Figure 22). Cer- tain industries such as finance & insurance, info rmation, wholesale trade, real estate, rental & leasing, and professional, scientific & technology apparently lend themselves to working from home, with three-quarters or more of employee s surveyed in these industries indicating that their employers give them the option to work from home. At the other end of the spectrum, less than one-third of employees in industries that generally require in-person services or labor such as utilities, accommodation & food services, education, and construction reported that their employer gives them the option to work from home at least one day per week.
FIGURE 22 TELEWORK OPTION SEP 2022 BY INDUSTRY
Similarly, remote work patterns varied dramatically across occupations in September 2022, with far more office professionals reporting that thei r employers allow them the option to work from home when compared to those working in manual or skilled labor positions (see Figure 23 on next page). At the extremes, more than three-qu arters of employees working in legal, business and financial positions, and computer or math science reported that their employer allows them to work from home, compared to less than 10% of employees in protective services and con- struction/extraction positions.
83.5 79.8
75.4 74.6
74.3 55.3
51.6 41.7
41.0 40.9
40.9 38.9
37.1 28.2
25.4 20.2
18.7 0 1 02 03 04 05 06 07 08 09 0 1 0 0
Finance & Insurance
Information
Wholesale Trade
Real Estate, Rental & Leasing
Professional, Scientific & Tech
Arts, Entertainment & Recreation
Public Administration
Other Services
Manufacturing
Admin & Support
Health Care & Social Assistance
Transportation & Warehousing
Retail Trade
Construction
Educational
Accommodation & Food Services
Utilities
% of Employers That Offered Work From
Home at Least One Day Per Week
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FIGURE 23 TELEWORK OPTION SEP 2022 BY OCCUPATION
REMOTE WORK IMPACTS Employees who currently work at home at least one day per week were asked to describe how remote work has impacted various aspects of their job performance, their ability to collaborate with othe r employees, as well as their personal life and living arrangements. For each item shown on the left of Figure 24 on the next page, employees were asked whether they find th at working from home has helped, had no impact, or hurt this aspect of their job and/or life. Although the items were asked in a random order to avoid a systematic position bias, they are sorted in the figure from high to low based on the percentage who indicated the dimension has been impacted (helped or hurt).
Employees reported that working from home has had the most impact on their ability to strike a balance between work and their personal life, and their expenses, job satisfaction, ability to manage their time, and productivity, with at least three-quarters of employees reporting either a positive or negative impact fo r each dimension. At least half of employees also reported that working from home has had an impact on the quality of their work, their ability to collaborate with other employees, their ability to communic ate with other employees, and their ability to communicate with external customers or partners.
83.6 82.0
78.9 67.5
63.9 63.3
56.8 49.8
40.9 39.9
36.4 35.8
35.3 24.4
23.5 17.6
16.0 7.0
5.3 0 1 02 03 04 05 06 07 08 09 0 1 0 0
Legal
Business, financial
Computer, math science
Architecture, engineering
Management
Arts, sports, media
Sales
Life, physical, social science
Office, admin support
Food prep, serving
Personal care, service
Other occupation
Transportation
Education, training, library
Healthcare practitioner, tech
Healthcare support
Install, maintenance, repair
Construction, extraction
Protective services
% of Employers That Offered Work From
Home at Least One Day Per Week
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Question 12 Next are a few questions about your experiences working from home during the past year. In general, do you find that working from home has helped, had no impact, or hurt:
_____?
FIGURE 24 IMPACT OF WORKING FROM HOME
For every dimension tested, some employees felt that remote work arrangements helped, while others perceived they hurt. Figure 25 displays the findings of Question 12 in a format that makes it easier to identify dimensions for which the net impact across all employees was generally pos- itive or negative.
FIGURE 25 NEGATIVE/POSITIVE IMPACTS OF EACH ASPECT
46.2 42.3
44.0 42.3
36.5 30.7
15.7 16.8
18.8 18.4
29.4 23.8
20.1 21.6
12.1 9.3
12.6 17.5
19.0 20.6
23.2 23.3
37.6 38.6
46.2 49.3
8.4 21.9
14.2 6.4
4.8 3.1
3.3 3.7
1.7 8.8
5.2 26.2
11.2 11.4
4.5 8.5
10.4 24.7
5.8 0 1 02 03 04 05 06 07 08 09 0 1 0 0
Your ability to strike balance between work, personal life Your expenses
Your satisfaction with your job
Your ability to manage your time
Your productivity
The quality of your work
Your ability to collaborate with other employees
Your ability to communicate with other employees
Your ability to communicate with external customers, partners % Employees Working From Home at Least 1 Day Per Week
Helped a lot Helped som ewhat No impact Hurt somewhat Hurt a lot +65
+72
+68
+62
+63
+52
+28
+26
+31
-18
-9
-12
-14
-14
-10
-33
-28
-19
Your ability to strike balance between work, personal life Your expenses
Your satisfaction with your job
Your ability to manage your time
Your productivity
The quality of your work
Your ability to collaborate with other employees
Your ability to communicate with other employees
Your ability to communicate with external customers, partners Neg/Pos Impact of Each Aspect,
% Employees Working From Home at Least 1 Day Per Week
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For all but two of the dimensions tested (ability to collaborate with other employees and ability to communicate with other employees), more employees perceived that working from home was generally helpful than hurtful. The largest net positive impacts (helpful % - hurtful %) were found with respect to their expenses (63%), job satisfaction (56%), productivity (49%), ability to manage their time (48%), and ability to strike a balance between work and their personal life (47%).
For the interested reader, Table 3 shows how the net positive perceived impacts of working from home changed between September 2021 and September 2022. For all dimensions, employees in 2022 reported greater net positive impacts of working from home when compared to their coun- terparts in the 2021 survey. This was especially the case for the impacts of remote work on their productivity (+13%) and job satisfaction (+12%).
TABLE 3 NET IMPACTS OF WORKING FROM HOME BY STUDY VERSION CHANGING EMPLOYERS One of the unanticipated outcomes of the pandemic has been a sharp increase in the number of employees who quit their jobs. Coined by economists as the Great Resignation, the Bureau of Labor Statistics reported that the number of employees who left their jobs in November 2021 was the highest ever recorded in the United States, and this fol- lowed six months of record-setting rates of resignations beginning in April 2021. By the end of 2021, more than 47 million Americans had left their jobs. Accordingly, it was of interest to ask Orange County employees whether they had changed employers during the past 18 months and—if yes—to state the reason for their move.
Question 13 Did you change employers in the past 18 months? FIGURE 26 CHANGE EMPLOYERS IN PAST 18 MONTHS
Among currently employed Orange County resi-
dents in September 2022, approximately one-quar-
ter (27%) indicated they had changed employers
during the prior 18 months (Figure 26). The ten-
dency to have changed employers during this
period was more common among those who had
lived in Orange County less than five years, those
under 25 years of age, individuals from lower
income households, and African Americans (see fig-
ures 27-29).
Tracking
Sep 2021
Tracking II
Sep 2022
Your productivity +35.4 +48.6 +13.1
Your satisfaction with your job +44.5 +56.2 +11.7
The quality of your work +33.8 +42.2 +8.4
Your ability to strike balance between work, personal life +38.5 +46.7 +8.2 Your ability to manage your time +40.1 +47.9 +7.9
Your ability to communicate with external customers, partners +5.0 +12.1 +7.1 Your ability to collaborate with other employees -12.5 -5.6 +6.9 Your ability to communicate with other employees -5.2 -1.6 +3.6 Your expenses +61.8 +62.3 +0.5
Study Version
Difference in Net
Impact
2021 to 2022
Prefer not to
answer
1.8 Yes, changed
employers
26.5 Did not change
employers
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FIGURE 27 CHANGE EMPLOYERS IN PAST 18 MONTHS YEARS IN ORANGE COUNTY & AGE FIGURE 28 CHANGE EMPLOYERS IN PAST 18 MONTHS BY HSLD INCOME & SUPERVISORIAL DISTRICT FIGURE 29 CHANGE EMPLOYERS IN PAST 18 MONTHS BY TELEWORK OPTION IN SEP & ETHNICITY
25.1 38.0
29.9 25.1 26.1
17.2 35.1
41.7 26.0 26.5
14.2 0
10 20
30 40
50 Less than
3 3 to 4 5 to 9 10 to 14 15 or
more
18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or
older
Years in Orange County (Q1) Age (QD1)
% Employed Respondents That Changed
Employers in Past 18 Months
25.3 26.5 26.8 27.5 27.0 27.8
23.0 29.2
21.5 29.3
41.2 0
10 20
30 40
50 Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
more
One Two Three Four Five
Hsld Income (QD6) Supervisorial District
% Employed Respondents That Changed
Employers in Past 18 Months
27.6 43.1
23.1 24.627.0
24.2 26.7 27.6
0 10
20 30
40 50
Employer
offered,
worked at
least 1 day
from home
Employer
offered, but
did not
work from
home
Employer
did not
offer, or not
sure
Caucasian /
White
Latino /
Hispanic
Af Amer. /
Black
Asian
American
Mixed or
other
Telework Option in Sep (Q9) Ethnicity (QD5)
% Employed Respondents That Changed
Employers in Past 18 Months
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Those who had changed employers in the past 18 months were subsequently asked in an open- ended manner to describe the main reason for the change (Figure 30). A desire for better pay/ salary was the most common response (41%), follo wed by a collection of other specific reasons (16%), layoffs/company when out of business (12% ), wanting a flexible schedule (11%), and a change in career (9%). It is also worth noti ng that 4% mentioned they changed employers because their prior employer mandated the COVID-19 vaccine, whereas less than 1% sought to move to an employer that would require vaccines for all employees.
Question 14 What was the main reason why you changed employers? FIGURE 30 MAIN REASON FOR CHANGING EMPLOYERS
40.6 15.8
12.0 10.6
8.9 4.3
3.9 2.6
1.1 0.2
0.1 0 1 02 03 04 05 0
Better pay / salary
Other reasons
Layoffs or company went out of business
Flexible schedule
Change career
Wanted to relocate to a different area
Employer was mandating vaccine
Better benefits
Wanted to work from home
Shorter commute
Wanted employer who mandated vaccine
% Respondents Employed in September 2022 Who
Changed Employers in Past 18 Months
199
Current & Expected Activities
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OCTA
. . . . . . . . . . . . . . . .
C URRENT & E XPECTED A CTIVITIES
Having profiled respondents’ employment status, working arrangements, and commute behavior in February 2020, June 2020, September 2021, September 2022, as well as their future expecta- tions, the study transitioned to identifying how other aspects of their travel behavior and related activities may have changed in response to the pandemic.
PERSONAL ACTIVITIES For each of the activities shown in Figure 31, respondents were asked to report how many days they engaged in the activity during February 2020 (prior to the pandemic), June 2020 (during the pandemic), August 2021 (during pandemic), their 2021 expec- tations for when the pandemic is over, Septem ber 2022 (waning pandemic), and their expecta- tions for September 2023. Because the number of days in these months are not equal, the figure reports the average percentage of days in each month that respondents reported engaging in the activity.
Question 15 In the past month, approximately how many days during the month did you: ____? Question 28 Thinking ahead to one year from now, approximately how many days in a typical month do you expect to: _____?
FIGURE 31 PERCENTAGE OF DAYS PER MONTH PERFORMING PERSONAL ACTIVITIES: FEB 2020, JUN 2020, AUG 2021, POST-PANDEMIC EXPECTATIONS, AUG 2022 & SEP 2023 EXPECTATIONS 1 2
4 5
5 5
8 7
12 18
19 33
1 2
4 4
5 4
5 6
12 18
21 54
1 2
4 5
4 4
8 7
13 20
20 35
1 1
3 4
3 5
6 8
15 17
24 56
0 0
1 1
1 4
5 8
17 5
25 43
1 1
3 4
4 2
5 6
12 24
20 65
0 1 02 03 04 05 06 07 0
Vanpool
Ride Metrolink or
Amtrak rail
Ride a bus
Carpool with people you
don’t live with
Use on-demand
rideshare
Purchase groceries
online
Ride a bicycle
Order food for delivery
from a restaurant
Order food for pick-up
from a restaurant
Eat a meal at a
restaurant
Purchase products
online
Drive alone in a vehicle
Average Percentage of Days
Feb 2020
Jun 2020
Aug 2021
Post-Pandemic
Aug 2022
Sep 2023
200
Current & Expected Activities
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In the first few months of the pandemic, Oran ge County residents made significant changes in their travel, shopping, and dining habits. With respect to travel behavior, the percentage of days they drove alone in a vehicle declined from 65% in February 2020 to 43% in June 2020, use of on-demand rideshare declined from 4% of days in February to 1% in June, carpooling with someone they don’t live with declined from 4% of days in February to 1% in June, riding a bus declined from 3% of days on average in February to 1% in June, while riding Metrolink or Amtrak declined from 1% of days in February to 0.2% in June.
With respect to shopping and dining, the dramatic decline in the percentage of days respondents reported eating a meal at a restaurant (24% in February vs 5% in June) was only partially offset by an increase in the percentage of days they ordered food for pick-up (12% in February vs 17% in June) or delivery (6% in February vs 8% in June). When compared to the patterns in February, there was also a modest uptick in the percentage of days Orange County residents purchased groceries online (2% in February vs 5% in June) and purchased other products online (20% in February vs 25% in June).
By August 2021, many of the activities had bounced back toward pre-pandemic levels. When compared to June 2020, the percentage of days respondents drove alone in a vehicle increased from 43% to 56%, use of on-demand rideshare increased from 1% of days to 3%, carpooling with someone they don’t live with increased from 1% to 4%, riding a bus increased from 1% of days to 3%, while riding Metrolink or Amtrak increased from 0.2% of days in June 2020 to 1% in August 2021. Interestingly, th e changes in shopping and dini ng behavior between June 2020 and August 2021 were comparativel y slight, with the exception of eating a meal at a restau- rant, which increased from 5% of days in June 2020 to 17% of days in August 2021.
When asked in 2021 to think ahead to the post-pandemic period, respondents anticipated small changes in the number of days they would engage in most activities when compared to August 2021, including purchasing products online (-4%), eating a meal at a restaurant (+3%), ordering food for pick-up from a restaurant (-2%), ordering food for delivery from a restaurant (-1%), pur- chasing groceries online (-0.5%), carpooling (+1%), using on-demand rideshare (+0.8%), riding a bus (+1%), riding Metrolink or Amtrak (+1%), and vanpooling (+0.2%). The one notable exception was a large decline in the percentage of days th ey anticipated driving alone in a vehicle (-20%) once the pandemic is over when compared to August 2021.
The 2022 tracking survey found that little actually changed during the prior year, as the patterns closely matched those found in August 2021. Although respondents in 2021 had anticipated a large decline in the number of days they wo uld drive post-pandemic, the percentage of days respondents drove alone in a vehicle decreased just 2% by August 2022 (from 56% to 54%), use of on-demand rideshare increased from 3% of days to 5%, carpooling with someone they don’t live with stayed the same at 4%, riding a bus increased from 3% of days to 4%, while riding Metrolink or Amtrak increased from 1% of days in August 2021 to 2% in August 2022. Interest- ingly, most of the changes in shopping and dining behavior between August 2021 and August 2022 were slight (2% or less), with the exception of ordering food for pick-up from a restaurant (-3%) and purchasing products online (-3%).
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Looking ahead to 2023, respondents anticipated engaging in most activities at the same fre- quency as they do today. The main exception to this pattern was found for driving alone in a vehicle, for which respondents anticipated a larg e decline (from 54% of days down to 33%) over the next year. However, this is the same decline respondents anticipated occurring back in the 2021 tracking survey that has yet to materialize.
Figure 32 presents the information gathered in Questions 15 and 28 in a different format, noting the percentage of respondents who reported less, the same, or more days engaging in each activity in August 2022 when compared to what they expect a year from now (September 2023).
In most cases, the percentage who are doing less of an activity now vs. what they expect a year from now was offset by a similar perce ntage who anticipated they are doing more of the activity now. Activities in which the net difference was at least 10% included driving alone in a vehicle (net 35% more August 2022) and riding a bicycle (net 14% more September 2023).
FIGURE 32 PERSONAL ACTIVITIES: AUG 2022 VS SEP 2023 EXPECTATIONS Finally, Figure 33 on the next page normalizes the comparison by noting the percentage change in expected days spent engaged in each activity between August 2022 and a year from now. The largest anticipated increases occurred with respect to riding a bicycle (+52%), purchasing grocer- ies online (+18%), and ordering goods for delivery (+10%). The largest anticipated decreases were reported for vanpooling (-63%) and driving alone in a vehicle (-41%). Table 4 shows how the per- centage change in expected days spent engaged in each activity by next year varied by Supervi- sorial District.
94.3 73.9
9.5 20.1
4 11.3
14.8 19.4
16.6 17.9
24.3 29.6
25.7 23.0
83.6 29.4
43.9 45.1
50.8 63.5
75.0 74.4
67.3 84.6
2 9.0
25.3 23.5
5 11.3
5.6 52.7
31.8 13.5
6 12.6
0 1 02 03 04 05 06 07 08 09 0 1 0 0
Vanpool
Ride Metrolink or Amtrak rail
Ride a bus
Carpool with people you don’t live with
Use on-demand rideshare
Purchase groceries online
Ride a bicycle
Order food for delivery from a restaurant
Order food for pick-up from a restaurant
Eat a meal at a restaurant
Purchase products online
Drive alone in a vehicle
% Respondents
Aug 2022 < Sep 2023 Aug 2022 = Sep 2023 Aug 2022 > Sep 2023 202
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FIGURE 33 PERCENTAGE CHANGE IN DAYS PER MONTH PERFORMING PERSONAL ACTIVITIES: AUG 2022 VS SEP 2023
EXPECTATIONS
TABLE 4 PERCENTAGE CHANGE IN DAYS PER MONTH PERFORMING PERSONAL ACTIVITIES: SEP 2022 VS SEP 2023
EXPECTATIONS BY OVERALL & SUPERVISORIAL DISTRICT
+52
+18
+10
+9
+8
+8
+6
-1
-3
-10
-41
-63
-150 -125 -100 -75 -50 -25 0 25 50 75 100 125 150
Ride a bicycle
Purchase groceries online
Order food for delivery from a restaurant
Ride Metrolink or Amtrak rail
Ride a bus
Use on-demand rideshare
Carpool with people you don’t live with
Order food for pick-up from a restaurant
Eat a meal at a restaurant
Purchase products online
Drive alone in a vehicle
Vanpool
Average Days Per M onth, Percentage Change From Aug 2022 to Sep 2023 One Two Three Four Five
Ride Metrolink or Amtrak rail +52 +82 +41 +60 +39 +43
Vanpool +18 +18 +15 +15 +20 +23
Ride a bicycle +10 +3 +7 +5 +24 +18
Ride a bus +9 -50 +2 +62 +67 +109
Carpool with people you don’t live with +8 +3 +2 +61 +7 +32 Use on-demand rideshare +8 +25 -19 +31 +12 +17
Eat a meal at a restaurant +6 +5 +5 -19 +9 +20
Purchase groceries online -1 -5 -6 -5 +23 -5
Order food for delivery from a restaurant -3 -2 +3 -3 -12 -4 Purchase products online -10 -8 -4 -14 -8 -16
Order food for pick-up from a restaurant -41 -36 -46 -50 -27 -45 Drive alone in a vehicle -63 -83 -33 +108 -33 +41
Overall
Supervisorial District
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Future Work Arrangements
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F UTURE W ORK A RRANGEMENTS
The final substantive questions of the survey focused on employees’ anticipated work arrange- ments in 2023, including changes to the amount of time they expect to work from home, the extent to which their employers’ preferences may be driving their expected remote work pat- terns, and whether they anticipate changing employers in the next year.
MORE OR LESS REMOTE WORK IN FUTURE? To set the stage for the discussion in this section, figures 34-36 summarize employees’ expectations for the amount they will be tele- working a year from now (Septem ber 2023). The figures represent all employees, including those who are not currently teleworking. Overall, 74% of employees residing in Orange County expect that the amount they telework in September 2023 will be the same as now (September 2022), whereas 13% expect to work fewer days a year from now and 14% anticipated working more from home in 2023. As shown in the figures, the higher the percentage of days an employee currently works from home, the more likely they are to expect they will reduce the amount of days working remotely in 2023.
FIGURE 34 EXPECTED SEP 2023 TELEWORK STATUS AMONG ALL EMPLOYEES BY OVERALL & PERCENTAGE TELEWORK DAYS IN SEP 2022
11.1 44.4
16.9 22.4
44.5 18.521.416.113.7
83.9 61.7
59.173.7
12.6 0
10 20
30 40
50 60
70 80
90 100
0% 1 to 24% 25% to 49% 50% to 74%
Overall Percent Telework Days in Sep (Q6)
% Respondents Employed in Sep 2022
and Sep 2023 Who Provided Opinion
Fewer telework
days per wk in
Sep 2023
Same telework
days per wk in
Sep 2023
More telework
days per wk in
Sep 2023
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FIGURE 35 EXPECTED SEP 2023 TELEWORK STATUS AMONG ALL EMPLOYEES BY SUPERVISORIAL DISTRICT FIGURE 36 EXPECTED SEP 2023 TELEWORK STATUS AMONG ALL EMPLOYEES BY HSLD INCOME REMOTE WORK STATUS - EMPLOYEE’S PREFERENCE? Regardless of their expecta- tions for how the amount they work from home may change over the ne xt year, all employees were asked whether their anticipated 2023 remote work status is their preference. As shown in Figure 37 on the next page, there is a clear pattern between the type of change expected in their remote work status by September 2023 and whether employees ’ preferences dictated the out- come.
Among employees who anticipated working fewer days from home by September 2023, just 41% indicated that this is their preferred outcome. Most employees ( 61%) who expected to maintain their current remote work patterns offered that this is their prefer ence. Meanwhile, among employees who expected to work more often fr om home by September 2023, 73% stated that they preferred this arrangement.
10.9 73.3
15.9 10.8 15.8
11.9 18.3
10.1 15.7
74.0 73.4
74.0 73.9
7.714.0
0 10
20 30
40 50
60 70
80 90
100
One Two Three Four Five
Supervisorial District
% Respondents Employed in Sep 2022
and Sep 2023 Who Provided Opinion
Fewer telework
days per wk Post-
Pandemic
Same telework
days per wk Post-
Pandemic
More telework
days per wk Post-
Pandemic
11.8 7.8
74.7 76.6
10.9 10.5 13.4 15.6
13.518.020.016.7
69.3 71.1 76.169.7
13.7 10.7
0 10
20 30
40 50
60 70
80 90
100
Less than
$25K
$25K to
$49K
$50K to
$74K
$75K to
$99K
$100K to
$149K
$150K or
more
Hsld Income (QD6)
% Respondents Employed in Sep and Post-
Pandemic Who Provided Opinion
Fewer telework
days per wk Post-
Pandemic
Same telework
days per wk Post-
Pandemic
More telework
days per wk Post-
Pandemic
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Future Work Arrangements
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Question 20 You indicated that you expect to work fewer days from home one year from now when compared to your current schedule. Is this because you prefer to reduce the number of days you work from home?
Question 22 You indicated that you expect to work the same number of days from home one year from now when compared to your current schedule. Is this because you prefer to keep the number of days you work from home the same?
Question 24 You indicated that you expect to work more days from home one year from now when compared to your current schedule. Is this because you prefer to increase the amount of days you work from home?
FIGURE 37 SEP 2023 EXPECTED TELEWORK STATUS
WORKING FEWER DAYS FROM HOME Employees who indicated they anticipated work- ing fewer days from home one year from now were subsequently asked if their employer would allow them to continue working from home the sa me number of days as their current schedule.
Figure 38 on the next page shows that the most common answer to this question was yes—their employer would allow them to co ntinue working from home as often as they do currently (54%).
The figure also shows the rela tionship between employees’ preferences and their employers’ when it comes to their September 2023 work arrangements. Among those who anticipated work- ing fewer days from home in 2023 and preferred to do so, most (71%) indicated that their employer would have allowed them to continue working from home as often as their current schedule. Conversely, those who anticipated wo rking less from home in the future and did not prefer this outcome were far more likely (56%) to report that their em ployer would not allow them to continue working from home as often as they do currently.
3.6 41.4
61.3 72.9
56.3 23.5
33.3 5.42.3
0 10
20 30
40 50
60 70
80 90
100
Fewer telework days per
week in Sep 2023
Same telework days per
week in Sep 2023
More telework days per
week in Sep 2023
Post-Pandemic Telework Status (Q6,18)
% Respondents Employed in Sep 2022 and
Sep 2023 Who Provided Opinion
Prefer not to
answer
Do Not Prefer Sep
2023 Telework
Status
Prefer Sep 2023
Telework Status
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Question 21 One year from now, do you expect that your employer will allow you to continue working from home < insert from Q6 > days per week?
FIGURE 38 FEWER TELEWORK DAYS NEXT YEAR (SEP 2023): EMPLOYER REQUIREMENT VS EMPLOYEE PREFERENCE WORKING SAME DAYS FROM HOME Employees who indicated they anticipated work- ing the same number days from home next year were subsequently asked if their employer will be requiring employees to work from home at least part of the time during this period. Few employees in this situation (8%) indicated that remote work will be required by their employer and the percentage varied little according to th e whether the employees did/did not prefer to work from home the same number of days by September 2023.
Question 23 Has your employer indicated that - one year from now - employees must work from home at least part of the time?
FIGURE 39 SAME NUMBER OF TELEWORK DAYS NEXT YEAR (SEP 2023): EMPLOYER REQUIREMENT VS EMPLOYEE
PREFERENCE
4.2 40.3
71.3 54.1
28.2 55.6
43.3 2.5 0.5
0 10
20 30
40 50
60 70
80 90
100
Overall Yes, Prefer to Reduce
Telework Days
Do Not Prefer to
Reduce Telewor k Days
Prefer to Reduce Number of Telework Days in
Sep 2023? (Q20)
% Respondents Who Expect to Work
Fewer Telework Days in Sep 2023
Prefer not to
answer
Employer Would
Not Allow Same
Number of
Telework Days
Employer Would
Allow Same
Number of
Telework Days
1.3 4.510.48.1
86.8 94.388.6
3.3 2.8
0 10
20 30
40 50
60 70
80 90
100
Overall Yes, Prefer Same
Number of Telework
Days
Do Not Prefer Same
Number of Telework
Days
Prefer Same Number of Telework Days in Sep
2023? (Q22)
% Respondents Who Expect to Work
Same Telework Days in Sep 2023
Prefer not to
answer
Employer Will Not
Requir e Som e
Telework Days
Employer Will
Requir e Som e
Telework Days
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Future Work Arrangements
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WORKING MORE DAYS FROM HOME In a manner similar to that described above, employees who indicated they anticipated working more days from home a year from now were also asked if their employer will be requiring employees to work fr om home at least part of the time during this period. Overall, 14% of employees in this situation indicated that their employer will be requiring employees to work from home at least part of the time by September 2023.
Those who did not prefer to work more days from home next year were more likely (21%) than their counterparts (12%) to indicate that their employer will require remote work next year.
Question 25 Has your employer indicated that - one year from now - employees must work from home least part of the time?
FIGURE 40 MORE TELEWORK DAYS NEXT YEAR (SEP 2023): EMPLOYER REQUIREMENT VS EMPLOYEE PREFERENCE DO YOU ANTICIPATE CHANGING EMPLOYERS? Whereas Question 13 asked respon- dents whether they had changed employers during the prior 18 month period, Question 26 asked employees whether they anticipated ch anging employers in the upcoming 12 month period (see Figure 41). Overall, 17% of individuals anticipated that they will be changing their employer within the 12 months following the interview, and an a dditional 4% indicated they are currently employed but do not anticipate being employed one year from now. Overall, 69% of individuals indicated they anti cipated staying with their current employer for the next 12 months, and this expectation wa s more common among residents of Supervisorial District 5, those 35 to 54 years of age, and those who reside in higher-earning ($100,000+) households (see figures 41-43).
3.1 14.0 12.4
21.3 82.3
75.6 84.2
3.53.7 0
10 20
30 40
50 60
70 80
90 100
Overall Yes, Prefer to Increase
Number of Telework
Days
Do Not Prefer to
Increase Number of
Telework Days
Prefer to Increase Telework Days in Sep 2023?
(Q24)
% Respondents Who Expect to Work
Same Telework Days in Sep 2023
Prefer not to
answer
Employer Will Not
Requir e Som e
Telework Days
Employer Will
Requir e Som e
Telework Days
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Future Work Arrangements
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Question 26 Do you anticipate that you will change employers in the next 12 months? FIGURE 41 EMPLOYMENT STATUS IN NEXT 12 MONTHS BY OVERALL & SUPERVISORIAL DISTRICT FIGURE 42 EMPLOYMENT STATUS IN NEXT 12 MONTHS BY AGE
64.1 74.7
19.0 12.6
2.8 2.1 4.5
4.0 12.3 8.7
68.7 61.3
72.9 71.5
16.5 16.512.0
22.0 4.33.6
9.912.311.3 12.4
0 10
20 30
40 50
60 70
80 90
100
One Two Three Four Five
Overall Supervisorial District
% Respondents Employed in Sep
2022 and/or Sep 2023
Not employed
Sep 2022,
employed Sep
2023
Employed Sep
2022 but not
Sep 2023
Employed Sep
2022 & Sep
2023 (different
employer)
Employed Sep
2022 & Sep
2023 (same
employer)
75.1 67.0
13.2 3.7
0.4 1.6 4.7
10.1 7.0
19.2 82.775.4
63.0 38.5
23.4 13.0
9.2 32.0
8.2 3.1
10.6 21.3
11.1 6.4
0 10
20 30
40 50
60 70
80 90
100
18 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 or older Age (QD1)
% Respondents Employed in Sep
2022 and/or Sep 2023
Not employed
Sep 2022,
employed Sep
2023
Employed Sep
2022 but not
Sep 2023
Employed Sep
2022 & Sep
2023 (different
employer)
Employed Sep
2022 & Sep
2023 (same
employer)
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Future Work Arrangements
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FIGURE 43 EMPLOYMENT STATUS IN NEXT 12 MONTHS BY HSLD INCOME Those who anticipated changing employers in the next 12 mont hs were subsequently asked in an open-ended manner to describe the main reason for their anticipated change (Figure 44).
Here again, a desire for better pay/salary was th e most common reason for changing employers (42%), while others cited a change of career (12% ), a desire to have a flexible schedule (10%), a collection of different reasons (8%), and desire to work from home (8%). When it comes to an anticipated change in employers over the next year, less than 1% mentioned a vaccine-related reason.
Question 27 What is the main reason why you expect to change employers? FIGURE 44 MAIN REASON FOR CHANGING EMPLOYERS
81.8 82.6
11.0 9.05.5
3.4 1.5 4.05.6 4.3
36.7 55.3
67.9 63.1
17.9 26.115.8
26.4 3.3
3.9 7.410.8
41.5 15.1
0 10
20 30
40 50
60 70
80 90
100
Less than
$25K
$25K to $49K $50K to $74K $75K to $99K $100K to
$149K
$150K or
more
Hsld Income (QD6)
% Respondents Employed in Sep
2022 and/or Sep 2023
Not employed
Sep 2022,
employed Sep
2023
Employed Sep
2022 but not
Sep 2023
Employed Sep
2022 & Sep
2023 (different
employer)
Employed Sep
2022 & Sep
2023 (same
employer)
41.5 12.4
9.7 8.2
7.8 5.9
4.2 3.9
3.4 2.8
0.2 0 1 02 03 04 05 0
Better pay / salary
Changing career
Flexible schedule
Other reasons
Want to work from home
Better benefits
Want to relocate to a different area
Current employer may issue layoffs, go out of biz
Want to relocate to a more affordable area
Shorter commute
Want employer who mandates vaccine
% Respondents Employed in September 2022 Who
Anticipate Changing Employers in Next 12 Months
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Background & Demographics
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B ACKGROUND & D EMOGRAPHICS
TABLE 5 DEMOGRAPHICS OF SAMPLE BY STUDY VERSION
Table 5 presents the key demographic
and background information that was
collected during the survey. Although the
primary motivation for collecting the
background and dem ographic informa-
tion was to provide a better insight into
how the results of the substantive ques-
tions of the survey vary by demographic
characteristics (see crosstabulations in
Appendix A for a full breakdown of each
question), the information is also valu-
able for understanding the current profile
of Orange County’s adult population. The
sample profile matches Orange County’s
adult population profile on age, ethnicity,
and homeownership based on the most
recent Census American Community Sur-
vey (ACS) estimates, and is also balanced
across Supervisorial Districts.
Baseline
Jul 2020
Tracking
Sep 2021
Tracking II
Sep 2022
Total Respondents 2,548 2 ,119 2 ,019
Years in Orange County (Q1)
Less than 3 3.9 4.1 5.2
3 to 4 5.2 4.7 4.4
5 to 9 9.7 11.3 8.1
10 to 14 7.2 8.6 7.3
15 or more 73.6 70.7 74.4
Prefer not to answer 0.4 0.7 0.6
Age (QD1)
18 to 24 13.3 13.2 13.4
25 to 34 18.6 18.1 18.1
35 to 44 19.3 18.6 18.6
45 to 54 19.1 18.6 18.5
55 to 64 13.8 13.3 12.5
65 or older 14.5 17.2 13.2
Prefer not to answer 1.4 0.9 5.6
Gender (QD2)
Male 48.7 45.5 45.1
Female 48.9 51.4 53.2
Othe
r 0.6 0.8 0.3
Prefer not to answer 1.8 2.3 1.4
Access to Personal Vehicle (QD3)
Always9 0.8 88.1 84.2
Sometimes 4.2 6.2 8.2
Rarely, never 3.5 4.0 5.9
Prefer not to answer 1.5 1.7 1.7
Home Ownership Status (QD4)
Rent 40.6 42.0 44.3
Own 53.4 52.6 51.7
Prefer not to answer 6.0 5.4 4.0
Ethnicity (QD5)
Caucasian / White 37.5 37.3 37.7
Latino / Hispanic 32.1 32.0 32.3
Af Amer. / Black 2.2 1.8 1.5
Asian American 19.5 19.8 20.0
Mixed or other 3.6 3.1 3.4
Prefer not to answer 5.0 6.0 5.1
Hsld Income (QD6)
Less than $25K 7.8 10.0 8.6
$25K to $49K 15.6 14.2 16.6
$50K to $74K 17.4 16.5 17.2
$75K to $99K 16.1 16.6 14.7
$100K to $149K 16.0 14.4 15.2
$150K or more 20.5 21.7 21.1
Prefer not to answer 6.6 6.6 6.6
Supervisorial District
One 20.7 20.8 19.3
Two 21.2 21.5 22.6
Three 17.4 17.7 18.1
Four 21.3 21.3 20.7
Five 19.4 18.7 19.3
Study Version
211
Methodology
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M ETHODOLOGY
The following sections outline the methodology used in the study, as well as the motivation for using certain techniques.
QUESTIONNAIRE DEVELOPMENT Dr. McLarney of True North Research worked closely with OCTA to develop a question naire that covered the topics of interest and avoided the many possible sources of systematic measurement error including position-order effects, wording effects, response-category effects, scaling effects, and priming. Several questions included mul- tiple individual items. Because as king the items in a set order ca n lead to a systematic position bias, the items were asked in a random order for each respondent.
Some questions asked in this study were presented only to a subset of respondents. For exam- ple, only respondents who repo rted that they were employed in September 2022 (Question 4) were asked follow-up questions about their work schedule (Question 5) and working from home (Question 6) during that month. The ques tionnaire included with this report (see Questionnaire & Toplines on page 47) identifies the skip patterns that were used during the interview to ensure that each respondent received the appropriate questions.
PROGRAMMING, PRE-TEST & TRANSLATION Prior to fielding the survey, the ques- tionnaire was CATI (Computer Assisted Telephone Interviewing) programmed to assist interview- ers when conducting the teleph one interviews. The CATI program automatically navigates the skip patterns, randomizes the appropriate question items, and alerts the interviewer to certain types of keypunching mistakes should they occur. The survey was also programmed into a pass- code-protected online survey application to allow online participation for sampled residents. The integrity of the questionnaire was pre-tested internally by True North and by dialing into random homes in Orange County prior to formally beginning the survey. Once finalized, the survey was professionally translated into Spanish and Vietna mese to give respondents the option of partici- pating in English, Spanish, or Vietnamese.
SAMPLE, RECRUITING & DATA COLLECTION A comprehensive database of house- holds within Orange County was utilized for this study, ensuring that all households had the opportunity to participate in th e survey. From this master database, True North developed a stratified, random sample of residents to recrui t to participate in the survey. Once selected at random, additional contact information (telephone and/or email) was appended to the sample using publicly available and private sources. Residents were recruited to participate in the survey using a combination of emailed invitations, text invitations, and/or telephone calls. 5 Individuals
that received an email or text invitation were invited to participate in the survey online at a secure, passcode-protected website designed and hosted by True North. Each sample record was assigned a unique passcode to ensure that only residents who received an invitation could access the online survey site, and that the surve y could be completed one time only. Individuals that did not respond to an email or text invita tion (or that only had telephone contact informa- tion) were recruited to participate in the survey by telephone (land lane and/or cell phone).
5. The recruiting method(s) selected for a respondent depended on the contact information that was available for that particular individual.
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Methodology
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Telephone interviews averaged 15 minutes in length and were conducted during weekday eve- nings (5:30PM to 9PM) and on weekends (10AM to 5PM). It is standard practice not to call during the day on weekdays because most working adults are unavailable and thus calling during those hours would likely bias the sample. A total of 2,019 surveys were completed between September 12 and September 30, 2022.
STATISTICAL MARGIN OF ERROR By using a probability-based sample and monitoring the sample characteristics as data collection proceeded, True North ensured that the sample was representative of adult residents in Orange County. The results of the survey can thus be used to estimate the opinions of all adult residents in the County. Because not all adult residents partici- pated in the survey, however, the results have what is known as a statistical margin of error due to sampling. The margin of error refers to th e difference between what was found in the survey of 2,019 respondents for a particular question and what would have been found if all of the esti- mated 2,489,898 adult residents
6 in Orange County had been interviewed.
Figure 45 provides a plot of the maximum margin of error in this study. The maximum margin of error for a dichotomous percentage result occurs when the answers are evenly split such that 50% provide one response and 50% provide the al ternative response. For this survey, the maxi- mum margin of error is ± 2.2% for questions answered by all 2,019 respondents countywide.
FIGURE 45 MAXIMUM MARGIN OF ERROR DUE TO SAMPLING
Within this report, figures and tables show ho w responses to certain questions varied by sub- groups such as years living in Orange County, age of the respondent, and Supervisorial District.
Figure 45 above is thus useful for understand ing how the maximum margin of error for a per-
6. Source: adult population estimate derived from U.S. Census Bureau age profile for Orange County for July 2021.
Sample of 2,019
Adult Residents
± 2.2%
0%
2%
4%
6%
8%
10%
12%
14%
0 250 500 750 1000 1250 1500 1750 2000 2250 2500 2750 3000 Sample Size (Number of Respondents)
Margin of Error
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centage estimate will grow as the number of individuals asked a question (or in a particular sub- group) shrinks. Because the margin of error grows exponentially as the sample size decreases, the reader should use caution when generalizin g and interpreting the results for small sub- groups.
DATA PROCESSING Data processing consisted of checking the data for errors or inconsis- tencies, coding and recoding responses, catego rizing open-ended responses, and preparing fre- quency analyses and crosstabulations. The fi nal data were weighted to adjust for minor discrepancies in age and ethnicity within each of the five Supervisorial Districts.
ROUNDING Numbers that end in 0.5 or higher are rounded up to the nearest whole num- ber, whereas numbers that end in 0.4 or lower are rounded down to the nearest whole number.
These same rounding rules are also applied, when needed, to arrive at numbers that include a decimal place in constructing figures and charts. Occasionally, these rounding rules lead to small discrepancies in the first decimal place wh en comparing tables and pie charts for a given question.
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Q UESTIONNAIRE & T OPLINES
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Employment & Travel Survey Tracker II
Final Toplines (n=2,019)
October 11, 2022
Section 1: Introduction to Study
Standard Intro: Hi, may I please speak to: _____. Hi, my name is _____ and Im calling from TNR on behalf of OCTA (Oh-See-Tee-Ay) the Orange County Transportation Authority. Were conducting a survey about important issues in Orange County and Id like to get your opinions.
If Land Line, no name on file: Hi, my name is _____ and Im calling from TNR on behalf of OCTA (Oh-See-Tee-Ay) the Orange County Transportation Authority. Were conducting a survey about important issues in Orange County and Id like to get your opinions.
If needed: This is a survey about important issues in your community. Im NOT trying to sell anything and I wont ask for a donation. Your responses will be confidential.
If needed: The survey should take about 12 minutes to complete.
If needed: If now is not a convenient time, can you let me know a better time so I can call back? You can also take the survey online if you prefer.
Section 2: Screener for Inclusion if Land Line & No Name For statistical reasons, I would like to speak to the youngest adult male currently at home that is at least 18 years of age. If there is no male currently at home that is at least 18 years of age, then ask: Ok, then Id like to speak to the youngest female currently at home that is at least 18 years of age.
If there is no adult currently available, then ask for a callback time.
NOTE: Adjust this screener as needed to match sample quotas on gender & age If respondent asks why we want to speak to a particular demographic group, explain: Its important that the sample of people for the survey is representative of the adult population in Orange County for it to be statistically reliable. At this point, we need to balance our sample by asking for people who fit a particular demographic profile.
Section 3: Local Issues & the Pandemic
Q1 To begin, how long have you lived in Orange County?
1 Less than 1 year 2%
2 1 to 2 years 3%
3 3 to 4 years 4%
4 5 to 9 years 8%
5 10 to 14 years 7%
6 15 years or longer 74%
99 Prefer not to answer 1%
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Q2
Thinking about Orange County as a whole, what would you say is the most important issue facing Orange County today? Verbatim responses recorded and later grouped into categories shown below.
Homelessness 25%
Housing availability, affordability 18%
Not sure, cannot think of anything 16%
Public safety, drugs, crime 11%
Traffic congestion 9%
Cost of living 9%
Public transportation 5%
Population, overcrowding 3%
Environmental issues, concerns 3%
Development, loss of open space 3%
Infrastructure maintenance, repair 3%
Water supply issues, concerns, drought 3%
Economy, unemployment 2%
High taxes 2%
Illegal immigration issues 2%
Political division 2%
High gas prices 2%
Q3 Which comes closer to your view about where Orange County stands in the coronavirus outbreak: the worst is behind us OR the worst is yet to come? 1 Worst is behind us 74%
2 Worst is yet to come 10%
98 Not sure 15%
99 Prefer not to answer 1%
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Section 4: Current Employment & Commute
Were interested in how your activities may have changed in response to the pandemic. First, let me ask about your current situation.
Q4
Which best describes your current employment status? Are you employed full-time, employed part-time, self-employed, laid-off or furloughed, not employed but looking for work, a student, a homemaker, or retired?
1 Employed full-time 48% Ask Q5
2 Employed part-time 9% Ask Q5
3 Self-employed 7% Ask Q5
4 Laid-off/furloughed 1% Skip to Q15
5 Not employed, but looking for work 5% Skip to Q15
6 Student 6% Skip to Q15
7 Homemaker 4% Skip to Q15
8 Retired 19% Skip to Q15
99 Prefer not to answer 2% Skip to Q15
Q5 How many days per week do you typically work?
1 One 1%
2 Two 1%
3 Three 6%
4 Four 10%
5 Five 68%
6 Six 10%
7 Seven 4%
99 Prefer not to answer 0%
Q6 Of the <insert from Q5> days per week you typically work, how many of these days do you primarily work from home?
0 None 57%
1 One 7%
2 Two 9%
3 Three 6%
4 Four 5%
5 Five 14%
6 Six 1%
7 Seven 2%
99 Prefer not to answer 0%
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Ask Q7 and Q8 if number days reported in Q6 is less than Q5.
Q7
When you commute to a work destination outside of your home, how do you typically commute to work? If they say they use multiple transportation methods, ask: Which do you use for the longest portion of your commute?
If they say drive, car, etc. ask: Do you most often drive by yourself or with other people in the vehicle?
1 Drive alone (car, truck, SUV, or van) 85%
2 Carpool (ride together 2 to 4 people) 6%
3 Vanpool (ride together with 5 to 15
people) 1%
4 Motorcycle/Moped 1%
5 E-bike/electric scooter 1%
6 On-demand rideshare service like
Uber or Lyft 0%
7 Taxi 0%
Public Transit
8 Bus 4%
9 Metrolink/Amtrak rail 1%
10 Other public transit 0%
11 Bicycle 1%
12 Walk/jog/run 1%
13 Other 0%
99 Prefer not to answer 0%
Q8 In miles, what is the approximate one-way commute distance between your home and your place of work? If respondent not sure, ask them to estimate.
Average miles 17.20
1 Less than 3 7%
2 3 to 5 19%
3 6 to 10 22%
4 11 to 15 18%
5 16 to 25 14%
6 26 to 40 8%
7 More than 40 7%
99 Prefer not to answer 4%
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Ask Q9 if Q6=0. Otherwise skip to Q10.
Q9 Does your employer currently give you the option to work from home at least one day per week?
1 Yes 8%
2 No 89%
98 Not sure 2%
99 Prefer not to answer 1%
Q10 What industry do you work in? If hesitates, ask: What does your company do? Verbatim responses recorded and later grouped into categories shown below.
Health Care and Social Assistance 18%
Professional, Scientific and Technical
Services 15%
Educational Services 9%
Retail Trade 7%
Public Administration 6%
Prefer not to answer 6%
Manufacturing 5%
Accommodation and Food Services 5%
Other Services (except Public
Administration) 5%
Construction 5%
Transportation and Warehousing 4%
Finance and Insurance 4%
Real Estate and Rental and Leasing 3%
Arts, Entertainment and Recreation 3%
Information 2%
Administrative and Support and Waste
Management and Remediation Services 2%
Wholesale Trade 1%
Q11 What is your occupation? If hesitates, ask: What type of work do you do? Verbatim responses recorded and later grouped into categories shown below.
Management occupations 15%
Education, training, and library occupations 8%
Sales and related occupations 8%
Office and administrative support
occupations 8%
Healthcare practitioner and technical
occupations 7%
Prefer not to answer 7%
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Business and financial operations
occu
pations 6%
Architecture and engineering occupations 5%
Arts, design, entertainment, sports, and
media occupations 4%
Food preparation and serving related
occupations 4%
Computer and mathematical science
occupations 3%
Community and social service occupations 3%
Legal occupations 3%
Production occupations 3%
Transportation and material moving
occupations 3%
Healthcare support occupations 2%
Building and grounds cleaning and
maintenance occupations 2%
Personal care and service occupations 2%
Construction and extraction occupations 2%
Installation, maintenance, and repair
occupations 2%
Life, physical, and social science
occupations 1%
Protective service occupations 1%
Armed Forces 1%
Ask Q12 if Q6>0. Otherwise skip to Q15.
Q12
Next are a few questions about your experiences working from home during the past year. In general, do you find that working from home has helped, had no impact, or hurt:
_____? If helped or hurt, ask: Would you say it has (helped/hurt) a lot or somewhat? Randomize
Helped a
lot
Helped
somewhat
No Impact
Hurt
somewhat
Hurt a lot
Not Sure
Prefer not
to answer
A Your satisfaction with your job 43% 23% 20% 8% 3% 1% 1% B Your ability to collaborate with other
employees 15% 12% 38% 24% 9% 1% 1%
C Your ability to communicate with other
employees 16% 9% 45% 21% 6% 2% 2%
D The quality of your work 30% 21% 37% 8% 2% 0% 1%
E Your productivity 36% 26% 23% 10% 4% 1% 1%
F Your ability to strike the right balance
between work and your personal life 46% 18% 17% 11% 6% 0% 1% G Your expenses 41% 29% 19% 4% 5% 1% 1%
H Your ability to manage your time 41% 20% 23% 11% 3% 1% 1% I Your ability to communicate with external
customers or partners 18% 12% 48% 14% 5% 2% 1%
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Ask Q13 if Q4=(1,2,3). Otherwise skip to Q15.
Q13 Did you change employers in the past 18 months?
1 Yes 27% Ask Q14
2 No 72% Skip to Q15
99 Prefer not to answer 2% Skip to Q15
Q14 What was the main reason why you changed employers? 1 Better pay/salary 41%
2 Better benefits 3%
3 Flexible schedule 11%
4 Wanted to work from home 1%
5 Change career 9%
6 Shorter commute 0%
7 Wanted to relocate to a different area 4%
8 Wanted to relocate to a more
affordable area 0%
9 Layoffs or company went out of
business 12%
10 Employer was mandating vaccine 4%
11 I wanted to work for employer who
mandated vaccine 0%
12 Other 16%
99 Prefer not to answer 0%
Section 5: Current Activities
Q15 In the past month August 2022 approximately how many days during the month did you: ____?
Read in Order
Average
Days
None
1 to 3
4 to 8
9 to 16
More
than 16
A Ride Metrolink or Amtrak rail 0.60 89% 7% 3% 0% 1%
B Ride a bus 1.11 85% 8% 3% 2% 2%
C Use an on-demand rideshare service like
Uber or Lyft 1.46 62% 24% 10% 3% 1%
D Carpool with people you dont live with 1.28 73% 15% 8% 2% 1% E Vanpool 0.31 96% 3% 1% 0% 0%
F Ride a bicycle 1.64 77% 10% 7% 4% 3%
G Drive alone in a vehicle 16.90 12% 6% 11% 16% 54%
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H Purchase products online 6.51 9% 28% 34 % 22% 7%
I Purchase groceries online 1.26 70% 16% 11% 3% 0%
J Eat a meal at a restaurant 5.57 12% 31% 35% 17% 5%
K Order food for pick-up from a restaurant 3.72 28% 32% 27% 10% 2% L Order food for delivery from a restaurant 1.89 55% 26% 13% 5% 1%
Section 6: Future Employment & Commute
Next, let me ask about your expectations for the future, one year from now. If you arent sure about an answer, please give me your best estimate.
Q16
One year from now, do you expect to be employed full-time, employed part-time, self- employed, laid-off or furloughed, not employed but looking for work, a student, a homemaker, or retired?
1 Employed full-time 54% Ask Q17
2 Employed part-time 8% Ask Q17
3 Self-employed 8% Ask Q17
4 Laid-off/furloughed 0% Skip to Q28
5 Not employed, but looking for work 2% Skip to Q28
6 Student 6% Skip to Q28
7 Homemaker 2% Skip to Q28
8 Retired 19% Skip to Q28
99 Prefer not to answer 2% Skip to Q28
Summary of Employment Status September vs One Year from Now (Q4 and Q16) 1 Employed Sep & one year from now 61%
2 Not employed Sep & one year from
now 26%
3 Employed Sep, but not one year from
now 2%
4 Not employed Set, employed one Year
from now 8%
5 Refused one or both questions 3%
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Q17 One year from now, how many days per week do you expect to work? 1 One 1%
2 Two 1%
3 Three 6%
4 Four 11%
5 Five 70%
6 Six 8%
7 Seven 3%
99 Prefer not to answer 0%
Summary of Days Worked per Week, September vs One Year from Now (Q5 and Q17) All Respondents
Respondents
Employed in
September
1 More days per week one year from now 13% 8%
2 Same days per week one year from now 75% 77%
3 Fewer days per week one year from
now 9% 15%
4 Refused one or both questions 3% 0%
Q18 Of the <insert from Q17> days per week you expect to work, how many of these days do you expect to primarily work from home one year from now? 0 None 51%
1 One 8%
2 Two 11%
3 Three 9%
4 Four 5%
5 Five 14%
6 Six 1%
7 Seven 1%
99 Prefer not to answer 0%
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Summary of Days Worked From Home per Week, September vs One Year from Now (Q6 and Q18)
All Respondents
Respondents
Employed in
September
1 More days per week one year from now 13% 13%
2 Same days per week one year from now 76% 74%
3 Fewer days per week one year from
now 8% 13%
4 Refused one or both questions 3% 0%
Ask Q19 if number days reported in Q18 is less than Q17.
Q19
When you commute to a work destination outside of your home one year from now, how will you typically commute to work? If they say they use multiple transportation methods, ask: Which will you use for the longest portion of your commute?
If they say drive, car, etc. ask: Will you most often drive by yourself or with other people in the vehicle?
1 Drive alone (car, truck, SUV, or van) 86%
2 Carpool (ride together 2 to 4 people) 6%
3 Vanpool (ride together with 5 to 15
people) 0%
4 Motorcycle/Moped 1%
5 E-bike/electric scooter 1%
6 On-demand rideshare service like
Uber or Lyft 1%
7 Taxi 0%
Public Transit
8 Bus 3%
9 Metrolink/Amtrak rail 0%
10 Other public transit 0%
11 Bicycle 1%
12 Walk/jog/run 0%
13 Other 1%
99 Prefer not to answer 0%
Ask Q20 if Q18<Q6. Otherwise skip to instruction preceding Q22.
Q20
You indicated that you expect to work fewer days from home a year from now when compared to your current schedule. Is this because you prefer to reduce the number of days you work from home?
1 Yes 41%
2 No 56%
99 Prefer not to answer 2%
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Q21 One year from now, do you expect that your employer will allow you to continue working from home <insert from Q6> days per week?
1 Yes 54%
2 No 43%
99 Prefer not to answer 3%
Ask Q22 If Q18=Q6. Otherwise skip to instruction preceding Q24.
Q22
You indicated that you expect to work the same number of days from home one year from now when compared to your current schedule. Is this because you prefer to keep the number of days you work from home the same?
1 Yes 61%
2 No 33%
99 Prefer not to answer 5%
Q23 Has your employer indicated that one year from now employees must work from home at least part of the time?
1 Yes 8%
2 No 89%
99 Prefer not to answer 3%
Ask Q24 if Q18>Q6. Otherwise skip to instruction preceding Q26 Q24
You indicated that you expect to work more days from home one year from now when compared to your current schedule. Is this because you prefer to increase the amount of days you work from home?
1 Yes 73%
2 No 24%
99 Prefer not to answer 4%
Q25 Has your employer indicated that one year from now employees must work from home least part of the time?
1 Yes 14%
2 No 82%
99 Prefer not to answer 4%
Ask Q26 if Q16=(1,2,3). Otherwise skip to Q28.
Q26 Do you anticipate that you will change employers in the next 12 months? 1 Yes 23% Ask Q27
2 No 72% Skip to Q28
99 Prefer not to answer 6% Skip to Q28
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Q27 What is the main reason why you expect to change employers? 1 Better pay/salary 41%
2 Better benefits 6%
3 Flexible schedule 10%
4 Want to work from home 8%
5 Changing career 12%
6 Shorter commute 3%
7 Want to relocate to a different area 4%
8 Want to relocate to a more affordable
area 3%
9 Current employer may issue layoffs or
go out of business 4%
10 Current employer is mandating
vaccine 0%
11 I want to work for employer who
mandates vaccine 0%
12 Other 8%
99 Prefer not to answer 2%
Section 7: Future Activities
Q28 Thinking ahead to one year from now, approximately how many days in a typical month do you expect to: _____?
Read in Order
Average
Days
None
1 to 3
4 to 8
9 to 16
More than
16 Aug < in
one year
Aug = in
one year
Aug > in
one year
A Ride Metrolink or Amtrak rail 0.62 83% 12% 4% 1% 1% 11% 84% 5% B Ride a bus 1.22 83% 8% 5% 2% 2% 9% 85% 6%
C Use an on-demand rideshare
service like Uber or Lyft 1.61 59% 25% 14% 2% 1% 20% 67% 13% D Carpool with people you dont live
with 1.39 72% 14% 9% 4% 1% 15% 74% 11%
E Vanpool 0.21 94% 3% 2% 0% 0% 4% 94% 2%
F Ride a bicycle 2.39 68% 11% 12% 5% 4% 19% 75% 6%
G Drive alone in a vehicle 10.31 30% 15% 14% 12% 30% 18% 29% 53% H Purchase products online 5.90 8% 31% 36% 20% 5% 24% 44% 32% I Purchase groceries online 1.49 64% 19% 14% 3% 1% 17% 74% 9% J Eat a meal at a restaurant 5.47 7% 31% 42% 17% 3% 30% 45% 25% K Order food for pick-up from a
restaurant 3.65 24% 34% 31% 9% 2% 26% 51% 23%
L Order food for delivery from a
restaurant 2.11 48% 30% 17% 5% 1% 23% 63% 14%
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Section 8: Background & Demographics
Thank you so much for your participation. I have just a few background questions for statistical purposes.
D1 In what year were you born? Year recorded and grouped into age categories shown below.
18 to 24 13%
25 to 34 18%
35 to 44 19%
45 to 54 19%
55 to 64 13%
65 or older 13%
Prefer not to answer 6%
D2 What is your gender?
1 Male 45%
2 Female 53%
3 Non-binary <1%
99 Prefer not to answer 1%
D3
How would you describe your access to a personal vehicle? Would you say you always have access, sometimes have access, rarely have access, or never have access to a personal vehicle?
1 Always 84%
2 Sometimes 8%
3 Rarely 2%
4 Never 4%
99 Prefer not to answer 2%
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D4 Do you rent or own your home?
1 Rent 44%
2 Own 52%
99 Prefer not to answer 4%
D5 What ethnic group do you consider yourself a part of or feel closest to? Read list if respondent hesitates
1 Caucasian/White 38%
2 Latino/Hispanic 32%
3 African-American/Black 2%
4 American Indian or Alaskan Native <1%
5 Asian -- Korean, Japanese, Chinese,
Vietnamese, Filipino or other Asian 20%
6 Pacific Islander <1%
7 Middle Eastern 1%
8 Mixed Heritage 2%
98 Other <1%
99 Prefer not to answer 5%
D6
I have just one more question for you for statistical reasons. I am going to read some income categories. Please stop me when I reach the category that best describes your total household income.
1 Less than $25,000 9%
2 $25,000 to less than $50,000 17%
3 $50,000 to less than $75,000 17%
4 $75,000 to less than $100,000 15%
5 $100,000 to less than $150,000 15%
6 $150,000 to $199,999 8%
7 $200,000 or more 13%
98 Not sure 1%
99 Prefer not to answer 6%
Those are all of the questions that I have for you! Thanks very much for participating.
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Post Interview Items
S1 Supervisorial District
1 One 19%
2 Two 23%
3 Three 18%
4 Four 21%
5 Five 19%
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Costa Mesa CMO Community Transportation Needs Assessment Summary Report of Findings
Based on data from a variety of sources, including the 2022 OCTA Employment & Travel Survey, community engagement activities, and other publicly available data sources, we have identi
fied a project area and service model that matches the unique needs of the Costa Mesa community.
Residents and visitors of the community today face limited, expensive, and inflexible transportation options. Auto-focused infrastructure incentivizes high rates of single occupancy vehicle use, leading to congestion and forcing residents to pay more than they can a
fford to maintain access to a car for essential trips. While COVID-19 dramatically altered travel patterns for a time, and remote work ameliorated some of these concerns from some residents, many of these trends have since reversed, and the fundamental problems remain.
Current Transportation Options Are Insu
fficient
Costa Mesa is in OCTA's 2nd Supervisorial District, where respondents named Public Transportation and Traffic Congestion as two of the top issues facing the county.
Contributing to this concern is the high rate of auto dependence in the community. “Of the 81% of employees who commuted to work in September 2022, 69% indicated they typically drove alone, 5% took public transit, 1% carpooled or vanpooled, 4% used active transportation (walk/run/bike/E-bike), and 2% used a di fferent mode.” (8)
Alternative options remain rare, as “use of on-demand rideshare increased from 3% of days to 5%, carpooling with someone they don’t live with stayed the same at 4%, riding a bus increased from 3% of days to 4%, while riding Metrolink or Amtrak increased from 1% of days in August 2021 to 2% in August 2022.” (9) As Covid-era trends progress, previous travel patterns are returning. “With respect to alternative modes of transportation, the trend back toward pre-pandemic commute patterns was expected to continue when employees were surveyed in 2021. Once the pandemic is over, 5% of employees anticipated that they would typically use public transit for their commute, 4% expected to carpool or vanpool, 2% expected to use active transportation, and 2% other modes. Approximately seven-in-ten employees (69%) anticipated that they would drive alone to work once the pandemic is over, which is approximately 10% less than pre-pandemic due to the higher percentage of employees (18%) who anticipate only working from home and thus will not be commuting.” (23)
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While some expected remote work would decrease commuting trips, this has not proven to be the case. “Although respondents in 2021 had anticipated a large decline in the number of days they would drive post-pandemic, the percentage of days respondents drove alone in a vehicle decreased just 2% by August 2022 (from 56% to 54%), use of on-demand rideshare increased from 3% of days to 5%, carpooling with someone they don’t live with stayed the same at 4%, riding a bus increased from 3% of days to 4%, while riding Metrolink or Amtrak increased from 1% of days in August 2021 to 2% in August 2022.” (33)
The persistent need to drive, most often alone, in the community reveals the urgent need for new transportation options. Car ownership is una ffordable, particularly with
higher-than-normal gas prices (AAA). New options are necessary to meet community members’ needs and enable a more sustainable transportation system that reduces carbon emissions and improves local air quality.
According to the 2010 Census, 3.4% of people walk to work in Costa Mesa, while
73.8% drive to work in single-occupancy vehicles. (22, Costa Mesa Pedestrian Plan) A Community Shuttle Service Model Will Meet Community’s Needs Data shows that residents are demanding new transportation options. The OCTA Long Range Transportation Plan survey showed 55% support for “Creat[ing] local community shuttle services that get people to and around major activity centers,” the most popular choice (https://www.octa.net/pdf/LRTPBlueSkySurveyInfographic.pdf?n=202202). A community shuttle option would also help address the most-cited challenge in the survey: “Lack of service close to my home/destination.” As a first-last mile connector,
this project would expand the reach of every transit stop in the project area. “Despite the opportunities available for community members in Costa Mesa to take transit, there are some constraints. Bus ridership is much lower in low-density residential (single-family home) neighborhoods such as Victoria Street, around Mesa Verde, and along E 17th Street near Newport Beach. For certain routes such as the ones along Wilson Street and Harbor Boulevard, transit users must walk a long distance to transfer between routes.” (Costa Mesa Pedestrian Plan, 39). This demonstrates the local need for
first/last mile options to support greater transit mode share. This program also supports Goal 4.0 of the Pedestrian Master Plan: Promote a Culture of Walking, particularly by providing “...services that make walking a more convenient transportation mode” (Costa Mesa Pedestrian Master Plan, 65). Costa Mesa’s average to high walkability rating makes this a promising area for improvement (EPA). With an 231
on-demand option available, residents can more comfortably walk and rely on the service to get home or connect to other transportation options.
The shuttle service also aligns with the safety concerns and needs of the Costa Mesa community. “The highest recorded cause of collisions in Costa Mesa during this time period is Unsafe Speed at 20%, followed by Driving Under Influence at 19% and Auto Right-of-Way Violation at 14%” (LRSP, 17). With the fleet of professionally driven, lower-speed vehicles, the service has a clear speed calming effect. It also provides a safe option for those who may otherwise have driven under the influence. Many of the intersections with the most collisions are included in our project area, giving residents a safe option to traverse these areas.
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CMO Mobility Project Voucher City of Costa Mesa Voucher Agreement
38 EXHIBIT E
Phase 2 Application Submissions and Attachments
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1870 Harbor Blvd., Ste 105, Costa Mesa CA 92627 ⚫ Office: (714) 885-9090 ⚫ Email: [email protected] ⚫ EIN: 95-1792321
CALSTART
Attn: Clean Mobility Options
48 So. Chester Avenue
Pasadena, CA 91106
Re: City of Costa Mesa’s CMO Phase 2 Application
Active for over 70 years, the Costa Mesa Chamber of Commerce has been dedicated to fostering a thriving business environment and enhancing the quality of life for our local community. Our primary objective is to create an exceptional place for businesses to flourish and ensure that we substantially impact the community we serve. The Circuit Costa Mesa project will bring much- needed mobility options to our City, connecting historically disadvantaged communities more equitably with jobs and resources. The community shuttle will advance both sustainability and economic development goals.
The Costa Mesa Chamber of Commerce is proud to support the City of Costa Mesa’s CMO Phase 2 application and looks forward to participating as the Community-Based Organization associated with the Circuit Costa Mesa project. This letter certifies that the Costa Mesa Chamber meets the criteria necessary to serve as the CBO partner:
• The organization is place-based, with an explicit geographic focus area that includes the proposed project area;
• Staff members, volunteers, or board members reside in the community where the project is located;
• The organization has a demonstrated track record of at least one year of providing services in the proposed project area.
The Chamber also looks forward to partnering with the City and other local stakeholders to ensure the Circuit Costa Mesa program is a success. Our efforts on this project may also constitute Community Resource Contributions, in the form of relationships with project-relevant community groups and outreach and marketing.
The Chamber appreciates CMO’s consideration of the City of Costa Mesa’s grant application and welcomes any questions that you may have.
Sincerely,
David Haithcock
President and CEO
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CMO PROJECT MILESTONE SCHEDULE