HomeMy WebLinkAboutOrd 15181
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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.
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d use
policies and transportation an
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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:
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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:
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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."
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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
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ties as defined in the Inter -City
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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
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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.
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.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
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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