HomeMy WebLinkAboutMINUTES - 10061987 - 2.2 To; 6ARD OF SUPERVISORS
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Sunne Wright McPeak, Chair r,%- -la
District IV Supervisor
DATE'. l .(1( y
September 29 , 1987 �.JV�...1 1►
SUBJECT:
County ,Transportation System Management (TSM) Ordinance
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION,
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BACKGROUND:
On October 22 , 1986 , the Board of Supervisors authorized staff to
work with the business community, cities, and transportation agencies
to modify CCTAC' s model TSM ordinance for implementation and submit a
draft ordinance to the Board for approval. Staff has completed this
work and submits the draft TSM ordinance for your consideration (see
Exhibit A) .
The County must budget sufficient resources to effectively implement
this ordinance. Staff time is needed to educate employers and
business complex owners on the ordinance' s requirements, and to
assist them in conducting transportation surveys, developing TSM
programs, and arranging for employer/complex coordinator training.
The Coordinator must work with neighboring jurisdictions, ridesharing
agencies, transit agencies and other transportation providers to
ensure adequate commute options are available to employers and
employees. Staff is also needed for program monitoring and
enforcement, and to support the TSM Advisory Committee. All these
responsibilities, in addition to development and implementation of a
TSM program for County employees, would be assigned '`±to the County TSM
Coordinator position.
No funding sources currently exist that are specifically dedicated to
funding the administration of the TSM ordinance.
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The Contra Costa TSM Committee, established as a result of the
settlement of the Dimmick lawsuit surrounding the Pleasant Hill Bart
Station, is offering $40,000 to the County to be used by the County
to support a contract TSM Coordinator for one year. , Part of the
proposal is that the County then commit to a minimum of an
additional two years of funding for the TSM Coordinator.
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Orig. Dept. - CDD/TPD +
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CONTINUED ON ATTACHMENT, ___" YES SIGNATURE:
RECOMMENDATLON OF COUNTY ADMINISTRATOR __ RECOMMENDATION OF BOARDI�ICOMMITTEE
APPROVE OTHER e9
S IGNATURE I S J:
ACTION OF BOARD ON October E)• 1987_ APPROVED AS RECOMMENDED y' OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS )ABSENT .� AND CORRECT COPY OF AN ACTION TAKEN
AYES: _ �_ NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Bar ara A. Neustadter - CDD 204
CC: V.J. Westman - County Counsel ATTESTED
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
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M382/7-83 BY ,DEPUTY
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If the Board accepts the funds for this purpose and makes the
requisite commitment, then the budget request for ;the TSM Coordinator
is not necessary for the 1987/88 Budget Year. It 'would be necessary
to fulfill the commitment in the 1988/89/90 Budget Years. The fee
proposed in the third recommendation,as part of the ordinance could
be used to pay for the future years ' costs should '-the Board determine
that such a fee is appropriate.
If the Board does not wish to accept the funds. from the Contra Costa
TSM Committee, there. is still a need for the Coordinator position to
administer the Ordinance in this Budget Year.
In addition, the Transportation. Planning Division 'staff has requested
$40, 000 from the Metropolitan Transportation Commission to support
the implementation of the County' s TSM program including the
Countywide and Pleasant Hill Bart Station Area TSM Ordinances.
RECOMMENDATION:
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1. Introduce the attached Transportation System ],Management
ordinance, waive reading, and fix October 27,' 1987, 10: 30 amfor
public hearing and adoption of the ordinance.;
2. Authorize the Director of the Community Development Department
to hire a full time staff person to perform the duties of the
County TSM Coordinator.
As noted in the Background section, the Contra Costa TSM
Committee proposes to allocate $40, 000 to the` County for a
contract TSM Coordinator position. If the County accepts these
funds, this request is unnecessary for the 19;87/88 Budget Year.
It would be necessary to include it in the 19188/89 and 1989/90
Budget Years in order to fulfill the conditions of allocation
from the TSM Committee.
3 . Direct the Director of the Community Development Department to
develop a permanent funding source for administering the
County' s TSM ordinances by calculating an annual fee schedule to
charge individuals subject to the ordinances,iand to recommend
such a fee schedule to the Board of Supervisors within one year.
FINANCIAL IMPACT:
The estimated annual cost to implement the TSM ordinance is $80, 000.
This includes the costs of a regular staff position as well as
materials necessary to fulfill the requirements of' the job and
the cost to implement the Pleasant Hill BART Station Area TSM
Ordinance (County Ordinance 86-51 ) .
Please note that the Transportation Planning Division Staff has
requested $40,000 from the Metropolitan Transportation Commission to
support TSM implementation. Supervisor Schroder supports this
request as does the Transportation Committee.
If funds are not forthcoming from the Metropolitan� Transportation
Committee (MTC) , then the cost for Fiscal Year 1987-88 would need to
be born by the County General Fund.
Implementation of an annual fee schedule to charge individuals
subject to these ordinances would replace the County General Fund as
the source of funding in future years.
CONSEQUENCES OF NEGATIVE ACTION
Failure to approve staff recommendations or similar substitute
actions should cause the Board to reconsider its previous policies
regarding implementation of TSM regulations in the remaining
unincorporated areas (adopted October 21, 1986) , implementation of a
County TSM Work Plan (adopted December 2, 1986) , and implementation
of TRANSPAC' s TSM Action Plan (adopted April 22, 1987) .
dp9 :boSept29 .t09
cc: B. Neustadter, CDD/TPD
V. Westman, County Counsel
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TSM ORDINANCE SUMMARY
The goal of the TSM ordinance is to limit traffic growth through TSM measures
used by employers and developers. The ordinance establishes objectives, TSM
requirements, administrative procedures, and enforcement provisions to accomplish
this goal .
OBJECTIVES
The objectives of the ordinance provide performance standards to measure the
effectiveness of TSM strategies for the largest work locations (100 or more
employees) . Major employers and business complexes in the Interstate 80 and
Interstate 680/State Route 24 Corridors are required to develop TSM programs so
that no more than 65 percent of all employee trips occur in single occupant
vehicles. Elsewhere in the county such programs should ensure that no more than
75 percent of all employee trips occur in single occupant vehicles.
An alternate objective that limits the percent of employees that can drive alone
during peak periods is available to major employers whose worksites have one of
the following characteristics: 1) operations occur on a 24 hour basis and a ,
minimum of three separate workshifts are employed within a 24 hour period; 2) the
nature of the business requires use of an automobile during each work day for a
majority of the employees; or 3) a TSM program consistent with the applicable
alternate objective has been in effect six months prior to the adoption of this
ordinance, (See Section II) .
TSM REQUIREMENTS
TSM requirements are graduated according the size of the workplace. Employers
and business complexes with 20 or more employees are required to survey employee
commute patterns annually and to make information on commute options available to
all employees. Employers and business complexes with 100 or more employees are
further required to develop and implement TSM programs capable of meeting the
ordinance's objectives. An- employer or business complex owner demonstrating that
his/her workplace or complex meets the applicable objective set forth in this
ordinance, shall be exempt from the TSM program requirement. Major employers and
business complexes must file annual reports to the County on their TSM effort.
Business complex owners must notify tenants of their TSM requirements and assist
these tenants in meeting these requirements. Owners of residential complexes
shall notify prospective buyers or renters of the commute options available in
the vicinity of the complex. (See Section VI) .
ADMINISTRATIVE PROCEDURES
A County employee is appointed as the TSM Coordinator to approve TSM programs,
review annual surveys and reports, and report to the Board of Supervisors on
compliance efforts and progress toward achieving the goal and objectives. (See
Section IV) . a
A TSM Advisory Committee that includes representatives of employers, business
complex owners, transit operators, and labor groups is appointed by the Board of
Supervisors to review the activities of the TSM Coordinator, and lobby for
interagency coordination and employer cooperation that will aid the
implementation of TSM programs. (See Section V) .
The TSM Coordinator must approve all TSM programs prior to implementation.
Disapproval or conditions of approval may be appealed to the Board of Supervisors
after referral to the TSM Advisory Committee for an advisory opinion.., (See
Section VII) .
ENFORCEMENT
The TSM Coordinator may require a new TSM program if an employer or business
complex owner subject to this requirement is unable to show that reasonable
progress is being made to meet the objectives of this ordinance. Such a
determination will be made following the second annual report; or any annual
report thereafter. The decision of the TSM Coordinator is subject to appeal .
(See Section VIII) .
Any employer or business complex owner who fails to provide the employee survey
data, the annual report, the TSM program, or who fails to provide information on
commute options to employees as required is guilty of an infraction. The
determinations of such violations is made by the TSM Coordinator and is subject
to appeal . (See Section VIII) .
Any employer or business complex owner who fails to implement a term or condition
of an approved TSM program shall also be guilty of an infraction. Such employers
or business complex owners may be excused from this provision if they can
demonstrate that compliance is not possible or that reasonable progress is being
made to meeting the objectives of the ordinance. (See Section VIII) .
SLG(9.23.87)
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P E N„0--X ,
A�
ORDINANCE NO.
COUNTY OF CONTRA COSTA
TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I . FINDINGS The Board of Supervisors hereby finds and determines that:
A. There has been a significant increase in new employment ,and housing opportu-.
nities in Contra Costa County and the cities in Contra Costa County, and
this is anticipated to continue during the next. twenty (20) years;
B. Recent growth and increased development and redevelopment within the County
will lead to increased traffic coming to and from, and within the County,
especially along the Interstate 80 (I-80) and Interstate 680/State Route 24
(I-680/SR-24) Corridors;
C. Transportation System Management ("TSM") programs have been shown to be
capable of reducing vehicle trips and increasing vehicle occupancy rates and
can be simple, effective and less costly than major roadimprovements;
D. Decreasing the number of vehicular trips, both absolutely and within peak
traffic periods, will help alleviate traffic congestion, energy consumption,
and noise levels, and will help to improve and maintain air quality. These
improvements contribute to making the County 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 and coordination of TSM programs with other cities,
counties, transit agencies, the private sector, and agencies in the region
will assist the County in meeting the purposes of this ordinance;
F. Adoption of this TSM ordinance is one component of implementing a comprehen-
sive approach to TSM that should be supported by complementary land use
policies, residential TSM strategies, and transportation" and transit
improvements; and
G. Adoption of this TSM ordinance is in the best interests of the public's
health, safety, and general welfare, both within the County and the region,
and is consistent with the County's General Plan.
H. Participation of employee organizations is critical to the successful
implementation of the TSM ordinance since the ordinance may affect nego-
tiated employee agreements.
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SECTION II . PURPOSE, GOAL, AND OBJECTIVES
A. Purposes. In recognition of these findings, the Board of Supervisors of the
County of Contra Costa does establish a TSM ordinance for the following
purposes:
1. To promote and encourage use of alternatives to commuting by single
occupant vehicle for individuals working in the County;
2. To promote efficient use of the existing transportation network;
3. To encourage consistency in planning and implementation of transpor-
tation programs between public jurisdictions and the private sector;
4. To reduce traffic impacts within the County and region by reducing the
number of automobile trips, daily parking demand, and total vehicle
miles per person travelled that might otherwise be `generated by commut-
ing.
B. Goal . The goal of the County in enacting this ordinance is to assure that
existing and future employers, complexes, and projects in the unincorporated
areas participate in mitigating traffic impacts by implementing TSM
measures.
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C. Primary Objectives. The following objectives shall be the primary measure
for attaining the goal of this ordinance. The objectives shall be applied
only to those employers and complex sponsors subject to the TSM Program
requirement described in subsection D of section VI .
1. Interstate 80 and Interstate 680/State Route 24 Corridors. For work
locations in the I-80 and the I-680/SR-24 corridors, the primary
objective is to ensure that no more than 65 percent of all employee
commute trips occur in single-occupant vehicles. Application of the
primary objective shall be staged in accordance with the following time
schedule:
a. At the time of the first annual report, unless' the employer has
been in business less than 6 (six) months or the complex has been
occupied less than 6 (six) months, no more than 80 percent of all
employee commute trips shall occur in single occupant vehicles.
b. At the time' of the second annual report, no more than 75 percent
of employee commute trips shall occur in single occupant vehicles.
C. At the time of the third annual report, no more than 70 percent of
employee commute trips shall occur in single occupant vehicles.
d. At the time of the fourth annual report, no more than 65 percent
of employee commute trips shall occur in single occupant vehicles.
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2. Outside the Interstate 80 and Interstate 680/State Route 24 Corridors.
For work locations outside the I-80 and I-680/SR-24 Corridors, the
primary objective is to ensure that no more than 75 (seventy-five)
percent of all employee commute trips occur in single occupant
vehicles. Application of the primary objective shall be staged in
accordance with the following time schedule:
a. At the time of the first annual report, unless the employer has
been in business less than 6 (six) months or the complex has been
occupied for less than 6 (six months) , no more than 90 percent of
all employee commute trips shall occur in single occupant
vehicles.
b. At the time of the second annual report, no more than 85 percent
of all employee commute trips shall occur inl,single occupant
vehicles.
C. At the time of the third annual report, no more than 80 percent of
all employee commute trips shall occur in single occupant
vehicles.
d. At the time of the fourth annual report, no more than 75 percent
of all employee commute trips shall occur inisingle occupant
vehicles.
D. Alternate Objectives. The alternate objectives described in this
subsection shall be applied only to employers subject to the TSM Program
requirement and whose worksites have one each of the following
characteristics: 1) Operations occur on a 24 hour basis, and a minimum of
three separate workshifts are employed within a 24 hour period; or 2) The
nature of the business requires use of an automobile during each work day
for a majority of the employees; or 3) A verifiable TSM Program consistent
with the applicable alternate objective in subsection D of this section and
that has been in effect six (6) months prior to the adoption of this
ordinance. For such work sites, an employer. may use, in, lieu of the primary
objective, the following objectives as the alternate measure for attaining
the goal of this ordinance.
1. Interstate 80 and Interstate 680/State Route 24 Corridor. For work
locations in the I-80 and 1-680/SR-24 Corridors, the alternate
objective is to achieve a shift in commute modes and times so that no
more than 55 percent of all employee commute trips occur in single
occupant vehicles during the A.M. and P.M. peak periods. This
alternate objective shall be staged in accordance with the following
time schedule:
a. At the time of an employer's first annual report, unless the
employer has been in business in the County less than 6 (six)
months, no more than 70 percent of all employee commute trips
shall occur during each of the peak. periods in'.single occupant
vehicles.
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b. At the time of the second annual report, no more than 65 percent
of all employee commute trips shall occur in 'single occupant
vehicles during each of the peak periods.
C. At the time of the third annual report, no more than 60 percent of
all employee commute trips shall occur during ,each of the peak
periods in single occupant vehicles.
d. At the time of the fourth annual report, no moi, than 55 percent
of all employee commute trips shall occur in single occupant
vehicles during each of the peak periods.
2. Outside the Interstate 80 and Interstate 680/State Route 24 Corridors.
For work locations outside the I-80 and I-680/SR-24 Corridors, the
alternate objective is to achieve a shift in commute modes or times so
that no more than 65 percent of all employee commute trips occur in
single occupant vehicles during each of the peak periods. This
alternate objective shall be staged in accordance with the following
time schedule:
a. At the time of an employer's first annual report, unless the
employer has been in business in the County less than 6 (six)
months, no more than 80 (eighty) percent of all employee commute
trips shall occur in single occupant vehicles during each of the
peak periods.
b. At the time of the second annual report, no more than 75
(seventy-five) percent of all employee commute trips shall occur
during in single occupant vehicles during each �of the peak
periods.
C. At the time of the third annual report, no more than 70 (seventy)
percent of all employee commute trips shall occur during in single
occupant vehicles during each of the peak periods.
d. At the time of the fourth annual report, no more than 65
(sixty-five) percent of all employee commute trips shall occur in
single occupant vehicles during each of the peak periods.
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E. Failure To Achieve the Ordinance's Objective. The County TSM Coordinator
may require a revised TSM Program if an employer or complex sponsor subject
to the TSM Program requirement of this ordinance is unable to show that
reasonable progress is being made to meet the objective of this ordinance by
the time of the second annual report, or any annual report thereafter. The
County TSM Coordinator may invoke such a requirement by disapproving the
existing TSM Program and requiring that a revised TSM Program be prepared
and submitted for approval within sixty (60) days of notification pursuant
to the provisions of Section VII .
SECTION _ III. DEFINITIONS The following words and phrases have the meanings
ascribed to them in this section.
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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 that involve offsetting the fixed work
hours of employees at the workplace; and (3) flexible work hours involving
individually determined work hours within guidelines set, by the employer.
B. "Building Permit" means a permit to erect or construct any structure or
building or portion thereof.
. C. "Carpool" means a motor vehicle occupied by two (2) or more individuals
(the driver and at least one passenger) travelling together for commute
purposes.
D. "Commute" means a home-to-work or work-to-home trip.
E. "Complex" means either:
1. Any business park or other non-retail , non-residential project in
common ownership, which can be identified by two or`more of the
following characteristics:
a. it is known by a common name given to the project by its
developer;
b. it is governed by a common set of covenants, conditions, and
restrictions;
C. it was approved, or is to be approved, as an entity by the County;
d. it is covered by a single tentative or final subdivision map; or
2. Any multi-tenant building or group of buildings under common ownership
occupied by twenty (20) or more employees, which isnot included within
the definition of complex defined above; or
3. Any residential project containing thirteen (13) or 'more dwelling units
covered by a single tentative or final subdivision map.
F. "Complex TSM Coordinator" means a representative of a Complex Sponsor
designated to implement a TSM Program and to carry out any other
requirements of this ordinance at the complex.
G. "Employee" means a self-employed person or any person hired by an employer,
excluding independent contractors and -part-time, temporary, and seasonal
employees.
H. "Employee commute trips" means the ten weekly trips typically made by each
fulltime worker Monday through Friday for the purpose of traveling to and
from work.
I . "Employer" means any public or private employer, including the County with a
permanent place of business in the unincorporated area of Contra Costa
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County. "Employer" shall not include retail establishments, contractors
without a permanent place of business in the county, or ,,any other business
without a permanent place of business in the county, and government agencies
not required by law or regulation to follow local regulations.
J. "I-680/SR-24 Corridor" means all unincorporated territory included in the
Spheres of Influence boundaries for Clayton, Concord, Danville, Lafayette,
Martinez, Moraga, Orinda, Pleasant Hill , San Ramon, and ,Walnut Creek, and .
all unincorporated territory included in the 1980 boundaries for Census
Tracts 3420, and 3440 (Alamo) .
K. "I-80 Corridor". means all unincorporated territory included in the Spheres
of Influence boundaries for El Cerrito, Hercules, Pinole, Richmond, and San
Pablo, and all unincorporated territory in the 1980 boundaries for Census
Tracts 3580 and 3560.01 (Rodeo and Crockett) .
L. "Peak Periods" means the hours from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to
6:00 p.m. Monday through Friday .
M. "Project" means any non-residential , mixed-use development application, or
residential development application containing thirteen (13) or more
dwelling units that must be approved through a public hearing process and
has not received final approval . Project shall also include any existing
office or industrial structure with at least five thousand (5,000) square
feet of gross floor area which proposes to increase its gross floor area by
twenty-five (25) percent or more. Development applications that share
parking, are under common ownership, or participate in a single project
management/owner association shall be considered a single project.
N. "Public Transit" means publicly provided transportation, usually either by
bus or rail , available to users at a fixed cost per ride.
0. "Ridematching" means a process of identifying interested drivers and inter-
ested riders for purposes of carpooling or vanpooling.
P. "Ridesharing" means 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, .vanpools, and buspools.
Q. "Single Occupant Vehicle" means a passenger car or truck less than two (2)
tons occupied by one (1) individual traveling to or from work.
R. "Sponsor" means the owner(s) or developer(s) of a project or complex.
S. "Transportation Management Association" means a voluntary organization of
municipalities, employers, property owners/managers, transit operators and
other transportation agencies to plan and implement commuter services for
members' employees/tenants.
T. "Transportation System Management" ("TSM") means strategies used to improve
the movement of persons through better and more efficient use of the
existing transportation system.
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U. "Van Pool " means a van occupied by seven (7) or more individuals traveling
together for commute purposes.
V. "Workplace" means the permanent place of employment or predominant location
of an employee.
W. "Workplace TSM Coordinator" means a person, who could be a company employee,
designated to implement a TSM Program and to carry out any other
requirements of this ordinance at the workplace on behalf of the employer or
complex sponsor.
SECTION IV. COUNTY TSM COORDINATOR The Director of the Community Development
Department or his/her designee is the County TSM Coordinator and has the powers
necessary to:
A. Administer the TSM Program for all employees of the County of Contra Costa;
B. Develop rules, regulations, procedures, and forms for the submittal of
Transportation Surveys, Annual Reports, and TSM Programs;
C. Review and approve all TSM Programs;
D. Serve as staff to the County TSM Advisory Committee;
E. Submit, on an annual basis, a summary report to the Board of Supervisors and
the County TSM Advisory Committee describing the results,; of the Transporta-
tion Surveys, and the efforts of employers and complex sponsors in
attaining the goal , purposes, and objectives established herein;
F. Review compliance with this ordinance and, if necessary, recommend implemen-
tation of the enforcement provisions in Section VIII ; and
G. Recommend changes to this ordinance as may be necessary to meet its goal ,
purposes, and objectives.
SECTION V. County TSM Advisory Committee The County TSM Advisory Committee
shall monitor the implementation of TSM requirements, in accordance with the
goal .of this ordinance, and serve as an advisory body to the County TSM
Coordinator and the Board of Supervisors.
A. Composition. Seven (7) members shall be appointed by the Board of
Supervisors using the following criteria:
1. One (1) member of a labor organization nominated by the Board of
Supervisors;
2. One (1) member of a transit operator providing service within the
County and nominated by the Board of Supervisors.
3.. Two (2) complex sponsors nominated by the Contra Costa Council ; and
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4. Three (3) employers nominated by the West Contra Costa Council of
Industry and the Industrial Association of Contra Costa County.
B. Nominations. Nominations of the complex sponsors and employers by the
organizations listed in subsection A of this section shall be made within
sixty (60) days of receiving a request for nominations by the Board of
Supervisors. Nominations not received within sixty (60) days may be made by
' the Board of Supervisors.
C. Term of Office. The term of office for each member of the County TSM
Advisory Committee shall be for one (1) year, except that a member's term
shall not expire until the appointment and qualification of a successor.
Members may be reappointed for consecutive terms.
D. Functions. The County TSM Advisory Committee shall have the following
functions:
1. Make recommendations on all appeals from decisions of the County TSM
Coordinator on TSM Programs;
2. Advise the Board of Supervisors and the County TSM Coordinator on any
TSM matter brought to its attention by any party;
3. Recommend changes to this ordinance as may be necessary to meet the
goal , purposes, and objectives established herein.
4. Make recommendations to the Board of Supervisors regarding matters
concerning the formation of Transportation Management Associations
within the county, or with neighboring jurisdictions, to help employers
and sponsors comply with the provisions of locally adopted TSM
ordinances.
SECTION VI . TSM REQUIREMENTS
A. Application. Employers will be subject to the requirements of this
ordinance according to when the building occupied by theemployer was
approved. Complex sponsors will be subject to the requirements of this
ordinance according to when the building(s) comprising the complex was(were)
approved.
1. Upon the Effective Date. This ordinance applies to the following
employers and complex sponsors:
a. Employers of twenty (20) or more employees who locate in a
structure approved after the effective date of this ordinance.
b. Employers who locate in a complex approved after the effective
date of this ordinance, if the complex is occupied by twenty (20)
or more employees;
C. Sponsors of complexes approved after the effective date of this
ordinance, if the complex is occupied by twenty, (20) or more
employees; and
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d. Sponsors of complexes containing thirteen (13) or more dwelling
units approved after the effective date of this ordinance.
2. Twelve (12) Months After the Effective Date. Twelve (12) months after
the effective date of this ordinance, the following employers and
complex sponsors shall be subject to its requiremen"ts:
a. Employers of twenty (20) or more employees located in structures
approved before the effective date of this ordinance;
b. All employers in complexes approved before the effective date of
this ordinance, if the complex is occupied by ,twenty (20) or more
employees; and
C. Sponsors of complexes approved before the effective date of this
ordinance, if the complex is occupied by twenty (20) or more
employees.
3. Pleasant Hill BART Station Area. All employers, complexsponsors, and
project sponsors subject to the Pleasant Hill BART Station Area TSM
Ordinance (County Ordinance No. 86-51) , shall be exempt from the
requirements of this ordinance.
B. Employers of Twenty (20) or More Employees and All Employers in Complexes
Occupied by Twenty (20) or More Employees - Annual Transportation Surveys.
Every employer with twenty (20) or more employees and all employers located
in complexes occupied by twenty (20) or more employees shall submit
annually, to the County TSM Coordinator, an Annual Transportation Survey,
consisting of such survey information as is required by the County TSM
Coordinator to determine the applicability of TSM requirements and to
identify employee commute patterns.
1. Submittal . A Transportation Survey shall be submitted to the County
TSM Coordinator within sixty (60) days after the employer becomes
subject to the ordinance, and annually thereafter by June 30 using a
facsimile of the form contained in the Appendix of this ordinance.
2. Content. Transportation Survey information shall include:
a. The number of employees at the workplace;
b. The city and zip code of each employee's residence;
C. The scheduled time at which each employee arrives and leaves the
work place; and
d. The method of commuting for each employee which shall be based on
a survey of all employees, and shall be reported using the
following categories: (1) drive alone; (2) carpool driver; (3)
carpool passenger; (4) vanpool driver; (5) vanpool passenger; (6)
bus; (7) BART; (8) walk; (9) bicycle; and- (10) other.
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C. Employers of Twenty (20) or More Employees and All Employers in Complexes
Occupied by Twenty (20) or More Employees - TSM Information Program. In
addition to meeting the Annual Transportation Survey requirement (subsection
B of this section) , every employer with twenty (20) or more employees and
all employers located in complexes occupied by twenty (20) or more employees
shall prepare, implement, and submit to the County TSM Coordinator a TSM
-Information Program consisting of incorporating posting and disseminating
materials that describe public transit, ridesharing, and non-motorized
commuting opportunities available to employees.
1. Dissemination. Informational material shall be furnished by the County
TSM Coordinator and the employer. Updated information relating to
transit, ridesharing, and non-motorized commuting opportunities shall
be disseminated to all employees at the time such information is
provided to the employer, and to new employees when hired.
2. Submittal . Every such employer shall submit a description of the TSM
Information Program to the County TSM Coordinator and implement the TSM
Information Program within two (2) months after the' employer becomes
subject to the ordinance.
D. Employers of One Hundred (100) or More Employees and AlliEmployers in
Complexes Occupied by One Hundred (100) or. More Employees - TSM Program.
In addition to meeting the Annual Transportation Survey and TSM Information
Program requirements (subsections B and C of this section) , every employer
with one hundred (100) or more employees and all employers located in
complexes occupied by one hundred (100) or more employees shall prepare,
implement, and submit a TSM Program to the County TSM Coordinator
1. TSM Program Content. The TSM Program shall include the following
components:
a. Workplace TSM Coordinator. Designation of an individual as the
Workplace TSM Coordinator.
b. TSM Information Program. The TSM Information Program required by
subsection C of Section VI.
C. TSM Measures. Any combination of TSM strategies including, but
not limited to, the use of alternative work scheduling, incentives
for ridesharing, use of transit, and non-motorized transportation
designed to -meet the applicable objective set forth in Section II .
d. Cost of Program. An estimate of the cost to implement the TSM
Program.
2. Submittal . TSM Programs shall be submitted to the County TSM
11
. Coordinator within three (3) months after such employers become subject
to the ordinance.
3. Implementation. TSM Programs shall be implemented within thirty (30)
days of approval .
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4. Exemptions. An employer demonstrating that his/her workplace meets the
applicable objective set forth in Section II shall be exempt from the
TSM Program requirements described in this subsection.
E. Sponsors of Complexes Occupied by Twenty (20) or More Employees. Every
sponsor of a complex occupied by twenty (20) or more employees shall :
1. Include reference to, and mandatory participation in, the requirements
of this ordinance in: (a) any conditions, covenants, and restrictions
at the time of recordation; and (b) in every lease agreement at the
time the lease is entered; and
2. Be responsible for meeting the Annual Transportation Survey and TSM
Information Program requirements of subsections B and C of this section
for employers with fewer than 100 employees located in the complex if
so requested by such employers.
F. Sponsors of Complexes Occupied by One Hundred (100) or More Employees. In
addition to meeting the ordinance requirements described in subsection E of
this Section, every sponsor of a complex occupied by one hundred (100) or
more employees shall prepare, implement, and submit a TSM Program to the
County TSM Coordinator . Such sponsors shall be responsible for developing
and implementing TSM Programs for employers of less than one hundred (100)
employees located in the complex if so requested by suchl' an employer.
1. TSM Program Content. The TSM Program shall include the following
components:
a. Complex TSM Coordinator. Designation of an individual as the
Complex TSM Coordinator who shall be responsible for primary
implementation of the TSM Program at the complex. The individual
shall serve as the liaison to the County TSM Coordinator, the
County TSM Advisory Committee, the Workplace TSM Coordinators in
the complex, and shall participate. in any activities required by
the County TSM Coordinator.
4
b. TSM Information Program. The TSM Information Program required by.
paragraph 2 of subsection C of this section.
C. TSM Measures. Any combination of TSM strategies to be
implemented, including but not limited to the use of alternative
work hours, incentives for ridesharing, use ofi;transit, and
non-motorized transportation designed to meet the applicable
objective set forth in Section II.
d. Coordination. A program for monitoring and assisting the TSM
Programs of employers within the complex.
e. Cost of Program. An estimate of the cost to implement the TSM
Program.
i
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2. Submittal . TSM Programs shall be submitted to the County TSM
Coordinator within three (3) months after such sponsors become subject
to the ordinance pursuant to subsection A of this section.
3. Implementation. TSM Programs shall be implemente&within thirty (30)
days of approval .
4. Exemptions. Every complex sponsor demonstrating that all employers in
their complex meet the applicable objective set forth in Section II ,
shall be exempt from the TSM Program requirement described in this
subsection.
G. Annual Reports. Every employer and complex sponsor required to have a TSM
Program shall submit an Annual Report to the County TSM Coordinator.
Employers and complex sponsors qualifying for a TSM Program exemption
pursuant to paragraph 4 of subsection D or E of this section, shall also
submit an Annual Report to the County TSM Coordinator.
1. Submittal . The report shall be submitted by August 1 for the
immediately preceding July 1 to June 30 period.
2. Contents - The report shall contain sufficient information to allow the
County TSM Coordinator to evaluate the extent and results of the TSM
measures employed. The Annual Report shall contain' information as
required by the County TSM Coordinator, which will include:
a. A description of the measures taken to comply with this ordinance;
b. Changes, if any, proposed to the TSM Program for the ensuing year;
C. The results of the annual survey required pursuant to subsection B
of this section;
d. ' The cost to implement the requirements of this':ordinance for the
reporting period;
e. The number of off-street parking spaces available to employees;
and
f. The number of off-street parking spaces available to
non-employees.
i
H. Off-Street Parking Reductions for Sponsors of Projects. Sponsors of
projects may qualify for off-street parking reductions. Such sponsors
requesting parking reductions shall submit a conceptual TSM Program to the
Community Development Department with the submittal of an application for
the project. If the tenant is known, the project sponsor and tenant shall
jointly submit a conceptual TSM Program.
1. Conceptual TSM Program. The project sponsor or tenant shall identify
TSM measures that will demonstrate attainment of the claimed trip
reduction. The County TSM Coordinator shall review the project's
conceptual TSM Program and make a recommendation to the Planning
Commission.
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2. Final TSM Program. The design and implementation of a final TSM
Program shall be a condition of project approval . Mandatory participa-
tion in the final TSM Program shall be recorded inthe conditions,
covenants, and restrictions governing the project. The TSM Program
shall be reviewed and approved by the County TSM Coordinator as being
consistent with the requirements of this ordinancet efore any building
permit is issued. A project's TSM Program must be implemented at the
time of initial occupancy.
I . Sponsors of Residential Complexes - TSM Information Program. Sponsors of
complexes that include residential uses shall prepare and implement a TSM
Information Program for owners or renters of dwelling units within the
complex. A description of the TSM Information Program shall be submitted to
the County TSM Coordinator before any building permit is issued.
1 . Owner-Occupied Units. Every complex sponsor selling or offering for
sale a residential dwelling in a complex to a prospective buyer shall
notify and offer as soon as it may be done to that buyer, materials
describing public transit, ridesharing, and non-motorized commuting
opportunities available to that buyer in the vicinity of the complex.
2. Rental Units. Every complex sponsor renting or offering for rent a
residential dwelling in a complex shall notify and offer to the
prospective tenant, as soon as it may be done, materials describing
public transit, ridesharing, and non-motorized commuting opportunities
in the vicinity of the complex. Reference to, and mandatory
participation in the requirements of this ordinance'shall be included
in any conditions, covenants, and restrictions at the time of
recordation.
SECTION VII . COUNTY EVALUATION OF TSM PROGRAMS
A. Review of TSM Programs, Appeal . TSM Programs shall be reviewed and
evaluated according to the procedures set forth in this subsection.
1. County TSM Coordinator. The County TSM Coordinator shall review and
approve, conditionally approve, or disapprove a TSM ,Program within 30
days of receipt. If such action is not taken within' the thirty (30)
day time period, the TSM Program is deemed approved.,
2. Appeal . If the County TSM Coordinator disapproves or conditionally
approves a TSM Program, the employer complex sponsor, or project sponsor
may, within thirty (30) days of such decision, appeal the County TSM
Coordinator's decision to the Board of Supervisors stating the grounds
for appeal .
13
3. County TSM Advisory Committee. An appeal to the Board of Supervisors
shall be automatically referred to the County TSM Advisory Committee.
The County TSM Advisory Committee shall hear the appeal and render an
.advisory opinion within sixty (60) days of the appeal date. Such
opinion may include recommendations as to the adequacy of the TSM
Program being appealed and what further components; TSM measures, or
conditions are recommended. If an opinion is not rendered within the
sixty (60) day time period, the TSM Program is to� be recommended for
approval .
4. Board of Supervisors. Within thirty (30) days of receipt of the
advisory opinion of the County TSM Advisory Committee, the Board of
Supervisors may approve, conditionally approve, or disapprove a TSM
Program. Failure to act within the thirty (30) day time period will
result in the automatic approval of the TSM Program.
B. New Program Upon Disapproval . Within thirty (30) days of disapproval of a
TSM Program by the Board of Supervisors or the County TSM Coordinator, if
such decision has not been appealed, an employer, complex sponsor, or
project sponsor shall submit a new TSM Program to the County TSM
Coordinator.
r
C. Amendment. An amendment to an approved TSM Program may be approved at any
time by the County TSM Coordinator.
0
D.- Limitations. Nothing in this ordinance may be construed to require an
existing employer or complex sponsor to utilize TSM measures which would
constitute a breach of an existing lease, or which would require structural
modifications or additions to property, the nature of which would require
the issuance of a building permit to existing structures°
SECTION VIII . ENFORCEMENT
A. Failure to Provide Surveys, Annual Reports, TSM Information Programs, or TSM
Programs. Any employer, complex sponsor, or project sponsor who fails to
provide to the County TSM Coordinator the Annual Transportation Survey data
or Annual Report required by this ordinance, after thirty (30) days' notice
to remedy ,this failure, is guilty of an infraction. Any ,employer, complex
sponsor, or project sponsor who fails to submit to the County TSM
Coordinator a TSM Information Program or TSM Program required by this
ordinance after thirty (30) days' notice to remedy the failure, is guilty of
an infraction.
E
1. Penalties. Every infraction violation of this ordinance is punishable,
upon conviction thereof, by: (a) a fine not exceeding one hundred
dollars ($100) for the first violation; (b) a fine not exceeding two
.hundred dollars ($200) for a second violation of the same provision
within one year; (c) a fine not exceeding five hundred dollars ($500)
for each additional violation of the same provision within one year.
2. Violations - Continuing. Acts, omissions, or conditions of violation
of this ordinance which continue, exist, or occupy more than one day
constitute separate violations and offenses on each such day.
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B. Failure to Implement a TSM Program. Any employer, or complex sponsor who
fails to implement a term or condition of their approved TSM Program shall
have thirty (30) days, after notice of such failure, to, correct the failure,
or satisfactorily explain to the County TSM Advisory Committee why
compliance is not possible or that substantial progress is being made to
meeting the objectives of this ordinance. If the employer or complex
sponsor is not excused from compliance by the County TSM Advisory
Committee, then the County TSM Coordinator shall refer the matter to the
Board of Supervisors for one of the following actions.
1. Time Extension. The Board of Supervisors may grant an extension of
time for compliance solely on the evidence that time is the only
condition needed to accomplish the requirements.
2. Penalties. The Board of Supervisors may find that .an extension is not
warranted, find a violation of this ordinance, and order compliance
within thirty (30) days. Every violation is an infraction punishable
as in subsection A of the section.
C. Civil Enforcement:
1. Generally In addition to the penalties provided by this ordinance,
this ordinance may be enforced by an civil action authorized by the
Board of Supervisors, directly against the act, omission or condition,
or for damages therefor.
2. Injunction. Any failure to act as required by this ordinance may
seriously and detrimentally effect the obtaining of the goal of this
ordinance. Provided a complex. sponsor or employer is given sixty (60)
days' notice to comply,with the provisions of this ordinance, upon such
failure, the Board of Supervisors may authorize an action for
injunctive relief, to enjoin an employer or complex sponsor from
Violating the provisions of this ordinance, including the provision of
a TSM Program.
SECTION IX. EFFECTIVE DATE This ordinance becomes effectivethirty (30) days
after passage, and within fifteen (15) days after passage shall be published once
with the names of Supervisors voting for and against it in the ,
a newspaper published in this County.
PASSED and ADOPTED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR
Clerk of the Board of Supervisors
and County Administrator
By
SG:dsp(9.4.86)dp9:TSMord.frm
revised 8.20.87; 9.22.87
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� y
ANNUAL TRANSPORTATION SURVEY
To comply with the annual transportation survey requirement, l!survey the commute
behavior of employees at the work place, and provide the following information
outlined on this forma This information must be submitted to the County TSM
Coordinator by June 30th every year.
1. Name of Employer
2. Address of Work Place
a
3. Contact Person and Phone No.
4. Month, Day, and year of survey
5. Number of employees
6. Scheduled time employees arrive and leave the work place.
Arrive # of employees Leave # of employees
Before 7:30am Before 4:30pm
7:30 - 8:30am 4:30 - 6:OOpm
After 8:30am After 6:30pm
7. Method of Commuting to and from Work
Method # of Employees
Drive Alone
Carpool/Vanpool Passenger
Carpool/Vanpool Driver
BART-
Bus
Walk
Bicycle
Motorcycle
Other !
8. Zip Code of Employees' Residence (Use additional pages as needed)
List # of Employees
List Zip Codes Residing in Each Zip Code