HomeMy WebLinkAboutOrd 1417O RD INA N C E 1417
ORDINANCE ESTABLISHING A TRANSPORTATION SYSTEM
MANAGEMENT PROGRAM
FOR THE INTERCITY T.S.M. AUTHORITY MEMBER CITIES OF: BELMONT.
FOSTER CITY. REDWOOD CITY, SAN CARLOS. SAN MATEO,__A_N_D
BURLINGAME
The Councils of The Intercity Member Cities do ordain as follows:
SECTION 1 FINDINGS
The.
Council of the
City of Burlingame -
hereby
finds
and determines
that:
(a) There has been a significant increase in traffic
in this area and in this City, and this trend is
anticipated to continue in the future.
(b) Recent and future development and redevelopment
within the City and in the surrounding area will
lead to increased traffic in the area, especially
in the Bayside Corridor in which this City is
located.
(c) Transportation System 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 costly
major road improvements.
(d) Decreasing the number of vehicular trips, both
absolutely and within peak traffic periods, will
help alleviate traffic congestion, energy consump-
tion, and noise levels and will help to improve and
maintain air quality. These improvements will
contribute to making the City an attractive and
convenient place to live, work visit and do busi-
ness, and will help employers recruit and retain a
qualified work force.
(e) Cooperation with the coordination of TSM programs
with nearby cities and other local agencies with
transportation roles and participation in a Joint
Powers Authority with some or all of these agencies
will assist the City in meeting the goals and
objectives of this ordinance.
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(f) Adoption of this TSM ordinance is one component of
implementing a comprehensive approach to reducing
traffic problems that should be supported by
complementary land use policies and transportation
and transit improvements.
(g) Adoption of this TSM ordinance will promote pub-
lic health, safety, economic vitality, mitigate the
effects of traffic congestion including associated
noise and air quality impacts on the environment,
and is in furtherance of the general welfare, both
within the City and region, and said ordinance is
consistent with the City's General Plan.
(h) Participation of private and public employers,
complex operators, employer organizations, and
employee organizations (as said terms are hereinaf-
ter defined) is critical to the successful imple-
mentation of this TSM ordinance.
(i) The mandatory aspects of this ordinance are desig
ned to require employers and complex operators to
take action to encourage their employees and ten-
ants to participate in TSM program activities. 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 employ-
ees or tenants.
(j) This ordinance will implement provisions of that
certain "Joint Powers Agreement Establishing the In-
tercity Transportation System 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.
SECTION 2 GOALS AND OBJECTIVES
(A) Goals The goals of this ordinance are to:
(1) Assure that all existing and future employers and
complexes participate in mitigating traffic problems
by implementing TSM measures.
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(2) Encourage coordination and consistency between
agencies and the private sector in planning and
implementing transportation programs.
(3) Increase public awareness and encourage added public
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 travelled that would otherwise be generated
by commuting.
(B) Objective.
The objective of this ordinance is to achieve within
four(4) years a minimum TSM objective of 25% employee
participation rate in alternatives to single occupant
vehicle commuting during peak traffic hours.
SECTION 3 DEFINITIONS.
As used in this ordinance, the following words and phr-
ases have the meanings respectively ascribed thereto in
this section:
(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 peak periods. Such programs
include but are limited to : (i) compressed work weeks;
(ii) staggered work hours involving a shift in the set
work hours of all employees at the work place, and (iii)
flexible hours involving individually determined work
hours within guidelines established by the employer
(b) "Carpool" shall mean a motor vehicle occupied by two (2)
or more employees commuting to together.
(c) "Commute" shall mean a home -to -work or work -to -home trip.
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(d) "Complex" shall mean either:
(1)Any non-residential use or development
which is operated as a unit, whether in common
or
separate ownership. A "complex" may have
more than one but not necessarily all of the following
characteristics:
(i)
It is known by a common name,
(ii)
It is governed by a common set of covenants, condit-
tions and restrictions;
(iii)
It was approved, or is to be approved as an entity
by the City;
(iv)
It is covered by a single subdivision or parcel map;
(v)
It is operated by a single management,
(vi)
It shares common parking;
(vii)
Any multi -tenant, non-residential building or group
of buildings under common ownership, which is not
included within the definition of complex stated
above,
(e) "Employee" shall mean any person hired by an employer
for work at the workplace, including part-time and
seasonal persons working 20 hours or more weekly, but
excluding independent contractors. Partners, joint
venturers, and the like shall be considered as employ-
ees for the purpose of calculating the number of
employees.
The number of employees shall be calculated on forms
and on a date established by the Board of Directors,
provided, however, that the established date may be
changed by the Board for an individual employee or
sponsor if the Board finds that a different date more
accurately reflects the number of commuting employees.
(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 -
with no permanent place of business in the City and other
businesses with no permanent workplace location.
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(g) "InterCity 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.
(h) "Joint Powers Authority" shall mean that agency created
under the "Joint Powers Agreement Establishing the
Intercity Transportation System Management (TSM)
Authority.
(i) "Peak Traffic Periods", "Peak Hour", and "Peak Periods",
shall mean the periods of highest traffic volume and
congestion which are from 7:00 AM to 9:00 AM and 3:00 PM
to 7:00 PM during work days. A peak period trip shall
mean an employee commute trip to or from a workplace when
the employee's work day begins or ends within a peak
period.
(j) "Public Transit" shall mean publicly provided transporta
tion, usually either by bus or rail.
(k) "Ridesharing" shall mean 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 any passenger car, or
a truck of less than three tons, occupied by one individu
al traveling to or from work.
(m) " Sponsor" shall mean the owner (s) or developers) of a
project or complex.
(n) "Transportation System Management" ("TSM") shall mean a
program to improve the movement of persons through better
and more efficient use of the existing transportation
system.
(o) "TSM Administrator" shall mean the person employed to
manage the program developed under this ordinance.
(p) "TSM Advisory and Appeals Committee" shall mean the group
responsible for advising the City Council, TSM Board
Directors, TSM Supervisory Committee and TSM Administra-
tor, with membership as defined by the Intercity Agreement
and responsibilities as defined in this ordinance.
(q) "TSM Board of Directors" shall mean the group responsible
for policy direction of the TSM organization, with
membership and responsibilities as defined in the
Intercity Agreement.
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(r) "TSM Supervisory Committee" shall mean the group of city
managers responsible for general direction of the TSM
Administrator and program as set forth in the intercity
agreement.
(s) "vanpool"
shall mean
a van occupied
by
five (5) or more
employees
traveling
together during
a
commute.
(t) "Workplace" shall mean the permanent place of employment
or principal work location, including a complex, or an
employer.
(u) "Workplace TSM Coordinator" shall mean a person, who
could be an employee of an employer or sponsor, designat-
ed to implement a TSM program and to carry out any other
requirements of this ordinance at a workplace.
SECTION 4 TSM ADMINISTRATOR
The TSM Administrator shall be employed by the Joint Powers
Authority and shall:
(a) Serve as staff to the Joint Powers Authority.
(b) Under the policy direction of the TSM Board of
Directors and the administrative direction of the
TSM Supervisory Committee:
(1) Administer the TSM provisions of this ordi-
nance;
(2) Develop rules, regulations, procedures, and
forms for the preparation and submittal of
transportation surveys, annual reports, emplo-
yer/sponsor TSM programs and other necessary
TSM procedures and forms;
(3) Review, approve and, if necessary, request
changes in, all TSM programs developed by
employers and sponsors,
(4) Evaluate and determine when the requirements
of this ordinance shall be applicable;
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(5) Submit, on at least an annual basis, a summary
report to the City Council and the TSM Board
of Directors, Supervisory Committee and Advi-
sory and Appeals Committee describing the
results of the transportation surveys, TSM
programs, and annual reports and their success
in attaining the TSM objectives as well as the
goals and purposes established herein,
(6) Review compliance with this ordinance and, if
necessary, recommend implementation of the
enforcement provisions of Section lo; and
(7) Recommend changes to this ordinance as may be
necessary to meet the goals and objectives
established herein.
The Advisory Appeals Committee shall monitor the imple-
mentation.of TSM measures, in accordance with the goals
and objectives of this ordinance, and serve as an ad-
visory body to the City Council and the Joint Powers
Authority.
(a) Composition and Term of Office. The Advisory and
Appeals Committee shall be composed of members, and
their terms of office shall be as provided in the
Intercity TSM Agreement approved by the City Coun-
cil.
(b) Functions. -The Advisory and Appeals Committee
shall:
(1) Hold hearings and make recommendations to
the TSM Board of Directors on appeals by
employers and sponsors from decisions of the
TSM Administrator on TSM programs and infor-
mation programs required by Section 6;
(2) Advise the City Council, and the Joint
Powers Authority on any TSM matter brought to
its attention by any person,
(3) Recommend changes to this ordinance as may
be necessary to meet the goals and objectives
established herein, and
(4) Recommend the establishment and composi-
tion of any local area groups of employers
and/or sponsors to aid compliance with TSM
requirements.
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SECTION 6 TSM REQUIREMENTS
(a) Application of this ordinance.
Employers and sponsors shall comply with the requ-
irements of this section at such times as, and in
the manner prescribed and published from time to
time, by the TSM Board of Directors.
(b) Annual Transportation Survey. Every employer shall
submit annually to the TSM Administrator, on a date
determined by the Administrator, such survey infor-
mation as shall be required by the Administrator to
determine applicability to TSM requirements, to
establish employee commute patterns, and to provide
carpool and vanpool matching and other necessary
information. Such survey information shall in-
clude, but not be limited to:
(1)
The
number of employees
at the workplace;
(2)
The
city and zip code of
each employee's residence,
(3) The scheduled time at which each employee arrives
and leaves the workplace; and
(4) The method of commuting for each employee, includ-
ing information on existing carpool and vanpool
arrangements.
(c) TSM Information Program.
In addition to meeting the annual survey require-
ment, every employer, with 25 or more employees and
all sponsors of complexes with 25 or more employees
shall prepare, implement and submit to the TSM
Administrator a TSM Information Program incorporat-
ing posting and disseminating materials describing
public transit, ridesharing and non -motorized
commuting opportunities available to employees The
employer or sponsor shall submit the Information
Program within three (3) months after becoming
subject to the provisions of this section. The TSM
Administrator shall assist in the preparation of
these programs by providing printed informational
material to employers and sponsors, and by provid-
ing advice and guidance when requested. The TSM
Information Program as approved by the Administra-
tor shall be implemented by the employer or sponsor
submitting the information program.
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(d) TSM Pro ram.
In addition to meeting the annual survey and information
program requirements, every employer with 100 or more
employees and every sponsor of complexes with 100 or more
employees, shall prepare, implement and submit a TSM
Program to the TSM Administrator at a time and in a
manner prescribed by regulations adopted and published by
the TSM Board of Directors. TSM Program shall include
the following components:
(1)
Designation
of an
individual as the Work -place
TSM
Coordinator;
and
(2) Any combination of TSM strategies ("TSM Mea-
sures") including, but not limited to, the use of
alternative work hours scheduling,incentives
for ride -sharing (including carpooling and van -
pooling),. use of transit, and not
motorized transportation, which strategies are de-
signed to increase the employee participation rate
in alternatives to single occupant vehicle commut-
ing during peak traffic periods by 25% in 4
years.The approved TSM Program shall be implemented
by the employer or sponsor submitting the Program.
(e) Annual Reports.
Every employer and complex sponsor required to have
a TSM Program shall submit to the TSM Administrator
annual report describing the actions taken to
implement its TSM Program, the results during the
reporting period, and any changes to the TSM Pro-
gram planned for the ensuing year.
(1) Submittal. Every employer and
sponsor
required to submit an annual report shall
submit said report at a time prescribed by the
TSM Board of Directors.
(2) Contents. The annual report shall contain
sufficient information to allow the TSM Admin-
istrator to evaluate the extent and results of
the TSM Program. The annual report shall con-
tain information as required by the TSM Admin-
istrator, which may include, but not be limited
to:
(i) A description of the measures taken to
comply to this ordinance;
(ii) A description of the marketing measures
undertaken by the employer or sponsor to
promote TSM;
The results of the annual survey required
by subsection (b) of this section; and
(iv) The cost to implement the requirements of
this ordinance for the reporting period.
SECTION 7 TSM PROGRAM APPROVALS AND APPEALS.
(a) Review by TSM Administrator.
The TSM Administrator shall review and approve,
and approve with conditions, or disapprove a TSM
Program or information program from an employer or
sponsor. If such action is not taken within the 30
days period, the TSM Program is deemed approved.
Within 30 days after disapproval, or approval with
conditions, of a TSM Program or information program
by the Administrator if such decision has not been
appealed, or upon a final adverse determination if
such decision has been appealed, an employer or
sponsor shall submit a new program to the TSM
Administrator. If recommendations are made by the
TSM Administrator or the final appeals body, the
employer or sponsor shall incorporate such recom-
mendations into its submittal.
(b) Appeals to Advisory and Appeals Committee
If the TSM Administrator disapproves or approves
with conditions a TSM Program or information pro-
gram, the employer or sponsor may, within 15 days
of such decision, appeal the TSM Administrator's
decision to the Advisory and Appeals Committee
stating the grounds for the appeal. Upon receiving
an appeal, the Advisory and Appeals Committee shall
hear the appeal and render an advisory opinion
within 60 days.
Such opinion may include recommendations as to the
adequacy of the TSM Program being appealed as well
as the further components, TSM techniques, or
conditions needed to make the program acceptable.
(c) Appeals to Board of Directors.
Within 60 days of receipt of the advisory opinion
of the Advisory and Appeals Committee, the Board of
Directors, after hearing the appeal, may approve,
approve with conditions, or disapprove a TSM pro-
gram or information program. Failure to act within
the 60 day time period will result in the automatic
approval of the TSM program or information program.
The TSM Program or information program, as approved
by the Board of Directors, shall be implemented by
the employer or sponsor.
(d) Amendments to TSM Program.
Amendments to an approved TSM program or informa-
tion program submitted by an employer or sponsor
may be approved by the TSM Administrator.
(e) Tie Votes.
If the vote of the -Board of Directors is a tie, the
recommendation of the Advisory and Appeal Committee
shall stand affirmed; provided, however, that if
the recommendation of the Advisory and Appeals
Committee was also made by a tie vote, then the
decision of the TSM Administrator shall stand
affirmed.
SECTION 8. FEES.
(a) Impact Fees.
To the extent that funding is not adequate, the TSM
Board of Directors is authorized to determine and
levy annual fees upon all public and private em-
ployers with 25 or more employees. The amount of
the fee shall be calculated annually by the Board
after determining total budget requirements and
income to be received from other sources, but in no
event shall the fee exceed $3.00 per employee
during the first year it is levied or $5.00 per
employee in subsequent years. In no event shall
the fee charged exceed the reasonable cost of
service.
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(b) Collection.
The Director of Finance shall be responsible for
collecting the fees levied against private employ-
ers. The amounts shall be billed and collected
with the annual business license fee, and the total
amount collected shall be transmitted with a col-
lection report to the TSM Board of Directors or its
designated agent. Public agencies shall be billed
directly by the TSM Board of Directors.
SECTION 9. INCENTIVES.
The TSM Board of Directors shall develop incentives
for full employer participation in the TSM program.
These shall, at a minimum, include the following
categories:
(a) Financial.
Credits may be given against TSM impact fees for
employer expenditures for TSM purposes. Eligibili-
ty for credits shall be determined by the Board,
except that in-kind costs shall not be eligible
during the first year of operation of the TSM
Program, and capital expenditures by public employ-
ers shall not be eligible.
(b) Assistance.
Assistance may be provided in the development of
employer TSM programs.
(c) Public Recognition.
Public recognition may be given to employers for
notable efforts and achievements with respect to
TSM programs.
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SECTION 10 ENFORCEMENT.
(a) Civil Assessment.
An employer or sponsor who fails to comply with the,
provisions of this ordinance within ninety (90)
days of written notice to comply, shall be liable
to the City for a civil assessment in the amount of
$250.00 per day for each day of noncompliance, comm -
with the ninety-first (91st.) day following
said notice. The civil assessment herein provided
is separate and apart from, and in addition to, any
criminal penalty which may be imposed for a viola-
tion hereof.
(b) Injunction.
In addition to any other remedy which may accrue to
the City hereunder, the City may enforce the provi-
sions of this ordinance, or any regulation or
order promulgated or issued, or any program ap-
proved, pursuant hereto by civil injunction.
(c) Infraction.
The violation of any provision of this ordinance by
an employer or sponsor is an infraction punishable
by fines as specified in California Government Code
Section 36900(b), as said section may be from time
to time amended, revised, or superseded. Notwith-
standing the foregoing, any such violation which
may be remedied by action of the employer or spon-
sor so in violation shall not be prosecuted unless
and until said violator shall have been given
written notice not less than 30 days prior to
commencing such prosecution and said violator shall
not have remedied said violation within said 30 day
period. Each day such a violation shall continue
shall constitute a separate offense.
(d) Ooerative Date .
The provisions of this Section 10 of this ordinance
shall be effective from and after 2 years following
the effective date of this ordinance.
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SECTION 11 LIMITATIONS
Nothing in this ordinance or the TSM Intercity
Agreement may be construed to require an employer
or sponsor to : (i) breach a lease existing prior
to the effective date of this ordinance; (ii)
require structural modifications or additions to
property, the nature of which would require the
issuance of a building permit pertaining to exist-
ing structures; or (iii) violate any planning
approvals issued by a member of the Joint Powers
Authority.
SECTION 12 EFFECTIVE. OPERATIVE DATE .
This ordinance shall be effective 30 days after its
adoption, provided, however, that the provisions
hereof relating to, or dependant upon, the Inter-
city Transportation System Management (TSM) Author-
ity shall not be operative unless and until such
authority is established, provided, further, that
the provisions of Section 10 hereof shall be opera-
tive from and after the expiration of two (2) years
from the date this ordinance becomes effective.
SECTION 13 - This ordinance shall be published as required by law.
all
—Vice ✓r -'
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame,
do hereby certify that the foregoing ordinance was introduced at a
regular meeting of the City Council held on the 0th day of
August , 1990, and was adopted thereafter at a regular meeting
of the City Council held on the 20th day of August 1990, by
the following vote:
AYES: COUNCILMEMBERS: BARYON, NARRISON, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: ,NONE
ABSENT: COUNCILMEMBERS: LEMBI
City Clerk
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