Loading...
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. 1 (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. 2 (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. 3 (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. 0 (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. 5 (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; D (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. 7 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. 0 (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. 11 (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. 12 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. 13 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 14