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HomeMy WebLinkAboutOrd 15181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF.84010 ORDINANCE NO. 1518 REVISING THE TRANSPORTATION SYSTEMS MANAGEMENT PROGRAM (TSM) The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Findings. This Council does hereby find and determine that: a) There has been a significant increase in traffic in the cities of Belmont, Burlingame, Foster City, Redwood City, San Carlos, San Mateo, and surrounding region, and this trend is anticipated to continue in the future. b) Recent and future development and redevelopment within the cities and surrounding region will lead to increased traffic in the area. c) Transportation Systems Management (TSM) programs have been shown to be capable of reducing vehicle trips and increasing vehicle occupancy rates, and can be effective in reducing the need for increasing gasoline taxes and costly major road improvements. d) Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels an d will assist in improving and maintaining air quality. These improvements will contribute to making the city an attractive and convenient place to live, work, visit, and do business, and will help employers recruit and retain a qualified work force. e) Cooperation with an d the coordination of TSM programs with nearby cities and other local agencies with transportation roles an d participation in a Joint Powers Authority with some or all of these agencies will assist the city in meeting the goals an d objectives of this ordinance. fl Adoption of this TSM ordinance is one component of implementing a comprehensive approach to reducing traffic problems that should be supported by complementary lan d transit improvements. 1 d use policies and transportation an 1 2 3 4 5 6 7 8 9 10 lfl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF 94010 g) Adoption of this TSM ordinance will promote pubbe health, safety, economic vitality, mitigate the effects of traffic congestion including associated noise and air quality impacts on the environment, and support the general welfare, both within the city and region. h) The goals and objectives of this ordinance are consistent with this city's general plan. i) Participation of private and public employers, complex operators, employer organizations, and employee organizations (as said terms are hereinafter defined) is crifical to the successful implementation of this TSM ordinance. j) In adopting this ordinance, it is the intention of the City Council that employers and complex operators who act diligently and in good faith to comply with its provisions shall not be penalized for lack of participation of employees or tenants in commute alternatives, and shall not be held accountable for the achievement of a participation rate by employees or tenants. k) This ordinance will implement provisions of that certain "Joint Powers Agreement establishing that Inter -City Transportation Systems Management (TSM) Authority," a joint exercise of powers agreement entered pursuant to the provisions of Government Code Section 6500 et seq., of which Authority this city is a member. 1) Since the Bay Area Air Quality Man agement District's (BAAQMD) Regulation 13, Rule 1, is the current trip -reduction regulati on with which employers must comply and the local jurisdictions within San Mateo County did not elect to accept delegation of the Rule, the provisions in this ordinance are intended to assist employers in achieving their trip -reduction goals as stipulated in the Rule. m) This ordinan ce exempts worksites subject to the requirements of the Bay Area Air Quality Management Distri ct's Regulation 13, Rule 1, from any and all requirements of the Local TSM Ordinance which was set forth prior to July 1, 1994, Section 2. Goals and Objectives. a) Goals. The goals of this ordinance are to: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATfORNEv CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAMEI CALIF 94010 1) Assure that all existing and future employers and complexes participate in mitigating traffic problems by implementing TSM measures. 2) Encourage coordination and consistency between public agencies and the private sector in planning and implementing transportation programs. 3) Increase public awareness and encourage more use of alternatives to commuting by single occupant vehicles. 4) Reduce traffic impacts within the city and the region by reducing the number of automobile trips, daily parking demand, and total vehicle miles per person traveled that would otherwise be generated by commuting. b) Objectives. The objectives of this ordinance are to: 1) Participate in an inter -city authority that works in paztnership with employers to promote programs and services that help employers achieve their trip -reduction goals in an effort to improve air quality and reduce traffic congestion in the region. 2) Facilitate the achievement of vehicle to employee ratio (VER) standards by public and private employers subject to Regulation 13, -Did 1, a regional employer -based trip -reduction mandate effective in San Mateo County beginning Jul 1, 1994. 3) Encourage and facilitate part icipation by employers with 25-99 employees in promoting commute altern atives to their employees. Section 3. Chapter 13.75 is hereby added to the Burlingame Municipal Code to read as follows: "Chapter 13.75 TRANSPORTATION SYSTEM MANAGEMENT 13.75.010 Definitions. As used in this ordinance, the following words and phrases have the meanings respectively ascribed thereto in this section: 3 2 3 4 5 6 7 8 9 10 11 17_ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN ArrDRNEv CITYOOF BU RLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF 94010 I a) "Alternative work hours program" shall mean any system for shifting the work day of an employee so that the work day starts or ends outside of the peak periods. Such programs include but are not limited to: (1) compressed work weeks; (2) staggered work hours involving a shift in the set work hours of employees at the work place; (3) flexible hours involving individually determining work hours within guidelines established by the employer. b) "Carpool" shall mean a motor vehicle occupied by two (2) or more employees commuting together. c) "Complex" shall mean any mulfi-tenant, non-residential building or group of buildings that houses employees. A complex may have more than one but not necessarily all of the following characteristics: 1) It is known by a common name; 2) it is governed by a common set of covenants, conditions, and restrictions; 3) It was approved, or is to be approved, as an entity by the city; 4) It is covered by a single subdivision or parcel map; 5) It is operated by a single management; 6) It shares common parking. (e) "Employee" shall mean any person hired by an employer for work at the work place, working 20 hours or more per week on a regular full-time basis, including independent contractors, but excluding field construction workers, field personnel, seasonal/temporar y employees (working less than 90 days consecutively) and volunteers. f) "Employer" shall mean any public or private employer, including the city, who has a permanent place of business in the city. "Employer" shall not include contractors or other business entities with no permanent place of business in the city. g) "Joint Powers Authority" shall mean that agency created under the "Joint Powers Agreement Establishing the Inter -City Transportation Systems Man 0 agement (TSM) Authority." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF 84010 h) "Inter -City agreement" shall mean the agreement approved by the city and one or more other cities to establish an organization and procedures for governing a joint TSM program. i) "Peak traffic periods," "peak hour," and "peak periods" shall mean the periods of highest traffic volume and congestion which are from 6:00 a.m. to 10:00 a.m. and 3:00 p. m. to 7:00 p.m., Monday through Friday, inclusively. A peak period trip shall mean an employee commute trip to or from a work place when the employee's work day begins or ends within a peak period. rail. j) "Public transit" shall mean publicly provided transportation, usually either by bus or k) "Ridesharing" shall mean the transportation of persons in a motor vehicle for commute purposes where the driver is not employed for that purpose. The term includes arrangements known as carpools and vanpools. 1) "Single occupant vehicle" shall mean a vehicle occupied by one employee. ) "Sponsor" shall mean the owners) or developers) or managers) of ma commercial development project or complex. n) "Telecommuting" shall mean a system of working at home or at an off-site, non -home telecommute facility for the full work day on a regular basis at least one day per week. o) "Transportation Systems Management (TSM)" shall mean a program to improve the movement of persons through better and more efficient use of the existing tran sportation system. P) "TSM trip -reduction program" shall mean a group of measures developed an d implemented by an employer to provide transportation information, commute alternatives assistance an d incentives to employees. q) "TSM Board of Directors" shall mean the group responsible for policy direction of the TSM organization, with membership and responsibili 5 ties as defined in the Inter -City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 rdishall 17 P8 19 20 21 22 23 24 25 26 JEROME F. COLEMAN aTr AnorsrveY CITY OF BURLINGAME SOI PRIMROSE ROAD BURLINGAME, CALIF 94010 Agreement. Responsibilities also include the general direction of the TSM Coordinator and program as set forth in the Inter -City Agreement. r) "Vanpool" shall mean a van occupied by seven (7) or fifteen (15) employees to the same or mulfiple employers) including the driver who travel together during the majority of their individual commute distance. s) "Work site" shall mean any real property, real or personal, which is being operated, utilized maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycles or pedestrian travel such as a freeway or flood control channel is included as part of the work site. t) "Employee Transportation Coordinator (ETC)" shall mean a person, who could be an employee or an employer or sponsor, designated to implement a TSM trip -reduction program anA to carry out any other requirements of this ordinance at a work place. 13.75.Ala TSM coordinator. The TSM coonator be employed by the Joint Powers Authority and shall serve as staff in administering the TSM provisions of this ordinance as provided in the Inter -City Agreement. Duties shall include, but are not limited to, assisting employers in carrying out TSM responsibilities, providing commute alternatives assistance, preparing summary reports, and developing incentives for employer participation in the TSM program. 13.75.030 TSM requirements. a) Each employer within the city subject to the Bay Area Air Quality Management District's (BAAQMD) Regulation 13, Rule 1 (regional employer -based trip -reduction rule), shall by the BAAQMD. d enforced conform to the employer -based trip -reduction program requirements established an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN clTr ArrarsrveY CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF. 94010 b) Each employer of twenty-five (25) or more employees, and every sponsor of twenty- five (25) or more employees, is encouraged to distribute to its employees on a regular basis, commute alternatives information on ridesharing, transit, bicycling, etc.; and participate when possible in programs, sponsored by the Joint Powers Authority, that may contribute to the reduction of single occupant vehicle commute trips. 13.75.040 Fees. a) Impact fees. To the extent that available funding is not adequate, the TSM Board of Directors is authorized to determine and levy annual fees upon all public and private employers with twenty-five (25) or more employees. The amount of the fee shall be fixed annually by the Board and shall be presented for approval to each participating city. b) Collection. The finance director or other designated city staff shall be responsible for collecting fees levied against private employers and/or sponsors. The amounts may be billed and collected with the annual business license fee or such other manner as deemed necessary and appropriate, and the total amount collected shall be transmitted with a collection report to the TSM Board of Directors or its designated agent. Public agencies may be billed directly by the TSM Board of Directors. 13 .75.050 Enforcement. An employer or sponsor, except for those subject to Regulation 13, Rule 1, who fails to wmply with the provisions of this ordinance shall, after their thirt y (30) days written notice to remedy the failure, be guilty of an infraction." Section 4. Ordinan ce 1417 is hereby repealed. Section 5. This ordinan ce shall be published as required by law. Mayor I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME $01 PRIMROSE ROAD BURLINGAME, CALIF. 94010 foregoing ordinance was introduced at a regular meeting of the City Council held on the 6 day of FEBRUARY , 1995, and was adopted thereafter at a regular meeting of the City Council held on the 21st day ofFEBRUARY 1995, by the following vote: AYES: COUNCILMEMSERS: HARRISON, KNIGHT, WMAHONY, PAGEIAR@i, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk 0 CITY OF BURLINGAME SUMMARY OF PROPOSED ORDINANCE REVISING TRANSPORTATION SYSTEMS MANAGEMENT PRGGRAM Pursuant to Government Code Section 36933(c)(1) the following is a summary of proposed Ordinance No. 1518 Amends existing Transportation Systems Management ordinance to delegate enforcement of Certain regulations to Bay Area Air Quality Management District and to exempt certain worksites from local trip -reduction requirements. Said ordinance was introduced on February 6 1995; a public hearing thereon will be held February 21 , 1995, at 7:30 p.m. at the City Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. A copy of said proposed ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: - Prepared by I JEROME F. COLEMAN City Attorney CITY OF BURLINGAME YB111W\ YL�)���ZN�IY�hZN ��l/Oi\0[yJ REVISING TRANSPORTATION SYSTEMS MANAGEMENT PROGRAM Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1518 , adopted February 21, 1995: Amends existing Transportation Systems Management ordinance to delegate enforcement of certain regulations to Bay Area Air Quality Management District and to exempt certain worksites from local trip -reduction requirements. AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: Pr)epared by. J4 6ME F. COLEMAN, City Attorney