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HomeMy WebLinkAboutMINUTES - 10271987 - T.4 • 1 T.4 The Board of Supervisors of Contra Costa County, California Adopted this Order on October 27. 1987 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder,Todakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Hearing on the Proposed Transportation System Management(TSM)Ordinance The Board on October 6, 1987, introdced the proposed Transportation System Management(TSM) Ordinance and fixed this time for hearing. Following introductory comments by staff, the Chair declared the hearing open and the following persons spoke: Barry R. Toms, Executive Director, Council of Industries of West Contra Costa County, P. O. Box 5189, Hercules, CA 94547; James J. Bourgart,Vice President, Bay Area Council, 847 Samsome Street, San Francisco, CA 94111; and Tom Koch, Contra Costa Council, 2682 Bishop Drive, Suite 110, San Ramon, CA. In its discussion there was consensus among Board Members to make a minor modification to the Ordinance to clarify its intent. There was discussion on the need to assign staff to review the effectiveness of the Ordinance following its implementation of a certain period of time. THEREFORE, IT IS BY THE BOARD ORDER that the hearing is CLOSED. IT IS FURTHER ORDERED that the County of Contra Costa Transportation System Management Ordinance(Ordinance No. 87-95)as amended is hereby ADOPTED. IT IS FURTHER ORDERED that the Community Development Department is DIRECTED to review the implementation of the Ordinance three years from its effective date. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 27, 1987 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By. - Deputy Clerk CC: County Administrator . County Counsel Community Development Director i ORDINANCE NO. 87-95 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 opportunities 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 road improvements; D. Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels, 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 comprehensive 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. 1 87-95 H. Participation of employee organizations is critical to the successful implementation of the TSM ordinance since the ordinance may affect negotiated employee agreements. 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 transportation 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 commuting. 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. 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 subsections D and F 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. 2 87-95 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. 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 in 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 in single 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 of the following characteristics: 1) Operations occur on a 24 hour basis, and a minimum of two 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. 3 87-95 1. Interstate 80 and Interstate 680/State Route 24 Corridor. For work locations in the I-80 and I-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 in single occupant vehicles during each of the peak periods. 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 in single occupant vehicles during each of the peak periods. d. At the time of the fourth annual report, no more 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 in single occupant vehicles . during each of the peak periods. 4 87-95 C. At the time of the third annual report, no more than 70 ( seventy) percent of all employee commute trips shall occur 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. E. Failure To Achieve the Ordinance ' s Objective. Failure to achieve the objective of this ordinance as described in subsections C and D of this section shall not be a violation of this ordinance. Compliance with the ordinance shall be determined pursuant to the provisions of Section VIII . F. Reasonable Progress. 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. This determination may be made 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 . No employer shall be required to achieve greater progress than the progress achieved by the County in limiting the percentage of County employees commuting in single occupant vehicles. SECTION III . DEFINITIONS The following words and phrases have the meanings ascribed to them 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 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. 5 87-95 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 is not 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 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. 6 87-95 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. 11I-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. O. "Ridematching" means a process of identifying interested drivers and interested 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, or users. 7 87-95 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. 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 Transportation 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 implementation 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; 8 87-95 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 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 the employer 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. 9 87-95 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 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 requirements: 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, complex sponsors, 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. 10 • 87-95 • 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. 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 rovidedto 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. 87-95 11 D. Employers of One Hundred ( 100 ) or More Employees and All Em loyers 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 G 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 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. 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 �a. 87-95 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 such 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. 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 of 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. 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 implemented within thirty ( 30) days of approval. 87-95 13 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 F 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. 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. 14 87-95 2. Final TSM Program. The design and implementation of a final TSM Program shall be a condition of project approval. Mandatory participation in the final TSM Program shall be recorded in the 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 ordinance before 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. 15 87-95 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. Revised 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 revised TSM Program to the County TSM Coordinator. . C. Amendment. An amendment to an approved TSM Program may be approved at any time by the County TSM Coordinator. 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 or complex 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 any TSM Information Program or TSM Program required by this ordinance after thirty ( 30) days ' notice to remedy the failure, is guilty of an infraction. 16 87-95 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. 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. 17. 87-95 SECTION IX. EFFECTIVE DATE This ordinance becomes effective thirty ( 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 CONTRA - COSTA TIMES , a newspaper published in this County. PASSED and ADOPTED on October 27 , 198,7 by the following vote: AYES: Supervisors Powers , Fanden , Schroder , Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County A inistrator A-- Deputy Clerk SG:dsp( 9. 4. 86 )dp9:TSMord.frm Chairperson, Board of Supervisors revised 8 . 20. 87 ; 9. 22 . 87; 10. 29. 87 18 87-95 APPENDIX 87-95 ANNUAL TRANSPORTATION SURVEY To comply with the annual transportation survey requirement, survey the commute behavior of employees at the work place, and provide the following information outlined on this form. This information must be submitted to the County TSM Coordinator by June 30th every year. 1. Name of Employer 2. Address of Work Place 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 87-95 IZ;.}de Council Of Industries " '��}'' 27 October 1987 West Contra Costa County C {riti Board of Supervisors Cont Costa County Ls . Sunne Wright McPeak, Chair Ms . Nancy C. Fanden Barry R.Toms Mr . Tom Powers Executive Director Mr . Robert I . Schroder P.O. Box 5189 Mr . Tom Torlakson Hercules,CA 94547 (415)724-5176 Dear Supervisors , Allied Propane Service Budway Trucking&Warehousing While we applaud the goal of reducing California Oils ' Castrol single occupancy vehicles (SOVs) , a few changes CH2MHill should be made in the proposed TSM ordinance Chevron Chemical that is before you today . Chevron Chemical Fertilizer Div. Chevron Research Chevron U.S.A. In section II .D. Alternate Objectves , for Color spot companies with 24—hour operations , some have two Data Composition D.Russell Associates shifts , rather than the minimum of three EBMUD specified in the draft ordinance ; therefore , the Elmer J.Freethy "three" "two . " Engineering-Science word three should be replaced with two . Erickson General Chemical Also , a provision should be added to give H&H Recycling credit to smaller companies who change the hours J.J.Magana Levin-Richmond Terminal of their business day so that their people are PG&E on the roads at other than peak commute times . Pacific Refining Although changing the hours of their business Paktank Petromark day is a sacrifice for smaller businesses , many Rheem Pacific Packaging have already done so to try to help alleviate Richmond Sanitary Service Santa Fe Railway traffic congestion. Not to recognize such Stauffer Chemical efforts in the proposed TSM ordinance would be Stauffer Chemical Research unfair . Time Oil Unocal Unitank Terminal Service Finally, the draft ordinance only gives Veriflo credit to those companies who have had a TSM plan in effect for more than six months before the adoption of the ordinance . This unfairly discriminates against companies who have more recently instituted TSM programs ; it seems very difficult to defend this provision of the ordinance . . We respectfully ask that you incorporate these changes into the draft ordinance before its adoption . Sincerely , Barry R. Toms Executive Director BAY AREAS COUNCIL ■847 Sansome Street October 27, 1987 San Francisco California 94111 (415) 981-6600 ■EXECUTIVE COMMITTEE Board of Supervisors . CHAIRMAN County of Contra Costa GEORGE M.KELLER Chairman of the Hoard&CEO 651 Pine Street Chevron Corporation Martinez, Ca 94553 DAVID A.BOSSEN President£..CEO Measurex Corporation Dear Members: IAMES T.CLARKE Regional Managing Partner Coopers&Lvbrand The Bay Area Council commends the Board and staff for its diligence A.W.CLAUSEN and persistence in pursuing the goal of a countywide program of Chairman£.CEO bank of America transportation systems management (TSM). MYRON DU BAIN Chairman of the Board SRI International In recent years increasing traffic congestion has been mirrored by HERBERT M.DWIGHT.IR. growing public frustration. TSM programs are part of the solution, President Spectra-Physics. Inc. as we seek to stretch existing transportation capacity and maximize DONALD GUINN its efficient use. Based on a survey we completed early this year, Chairman&CEO Pacific lelesis Group the Council has concluded that such measures as flexible work hours, IAMES R.HARVEY ridematching, shuttles to transit stations, and preferential par- Iransamenca Corporation auman&CEO king, etc.--when applied systematically and persistently--can prove Tr JOHN M.LILLIE effective in cutting down on solo driving during the peak traffic Chairman&CEO hours. Luckv Stores.Inc. CHARLES A.LYNCH Chairman&CEO The Council has participated actively in the task force which DHL.Anways,Inc RICHARD B MADDEN developed this proposal. A number of the comments and suggestions Chairman of the Board&CEO we have made along the way have been adopted, for which we are most Potlatch Corporation appreciative. Several important issues remain about which we would CORNELL C.MAIER Vice-Cnauman&President like to comment: KaiserTech Limited k FREDERICK W.MIELKE.IR. Chairman&CEO.Retired (1) Alternate objectives. Section II sets out primary objectives Pi'ccticGasandtnc Compary Eiespecifying maximum percentages for single occupant vehicle commuters, Eiec CARL E.REICHARDT and alternate objectives specifying maximum percentages for commut- Chairman&CEO ers duringthe k traffic hours. Setting out both objectives is an \'.'ells Fargo Bonk peag IAMES A.VOHS excellent idea, because both contribute to the reduction of traffic Cnairman&President congestion, which is most critical in the peak hours. But we recom- Kaiser Founnation Health Plan.Inc mend that you broaden the eligibility for employers to seek both ■STAFF objectives. PRESIDENT ANGELO I.SIRACUSA The current proposal allows employers to utilize the alternate PROGRAM DIRECTORS objective only under narrow circumstances. It is our view that all IAMES I.BOURGART THOMAS B.COOKemployers should have the flexibility to meet either objective, or STEVEN CLICK better yet, a combination of the two objectives rather than the BRIGITTE Le BLANC ASSOCIATES either/or limitation posed in the ordinance. Our survey found a ERIC ABRAHAMSON very strong preference among employers for fashioning their own COLLEEN BEACH programs to fit their particular location, workforce, and business ■The Bau Arra Council. needs. We believe that the ordinance will be much more accepted estafilistted in 1945. and effective if employers have the flexibility to choose between isanusutess-spmtsored and combine the two objectives. organization dedicated In analusis and action on reamnal issues Its Pro- aran currenflu locuses art strategic arowth and ccartemic aemaamen! issues.incluaina hous- ma.transaortation.and Y� Contra Costa County Board of Supervisors October 27, 1987 page two (2) Enforcement. Section VIII(B) on "Failure to Implement a TSM Program" leaves one key point somewhat unclear. Based on discussions with staff, we believe that your intention is to set out the numerical objectives as goals, not as specific performance criteria: that is, an employer's failure to meet the percentages will not in itself trigger an enforcement action. Instead, the employer's obligation is to make a good faith effort and implement the activities specified in its agreed upon TSM program. If it does so, then it has fulfilled its obligation and is not subject to enforcement penalties. This is critically important if employers are to accept the program as reasonable. Employers and everyone else realize that while information, options and incentives can be offered to commuters, the ultimate choice about commute mode remains with the individual. There is no desire, and no real ability, to compel employees to change their commute behavior. That is why, to be realistic, an ordinance should not exact penalties on an employer for individual personal choices outside of the employer's control. We believe that this is your view as well, but it would be most reassuring to employers if the ordinance included an explicit statement to this effect: an employer's responsibility has been fully discharged if it has implemented the actions specified in its own TSM program. (3) County Government as a TSM Participant. Because the county government is one of the largest employers as well as sponsor and enforcer of this ordinance, its own employee program will have a great impact on the success of the effort. Therefore, the county's program as an employer should be an exemplary model. In order to assure private employers that the county is doing its best and not imposing unreasonable burdens on others, we recommend that the ordinance explicitly state that no employer shall be penalized for failure to meet any standard or objective higher than that attained by the county. For example, if the county employees' alternative commute ratio is 30%, then no other employer shall be subject to penalties if it attains a 30% ratio. This will reassure private employers that the county government is likely to practice what it preaches. The modifications suggested above will strengthen the proposal. In order to be effective, the program must be realistic, be perceived as fair, and have the genuine support of the employers who implement it. Your ordinance will come to be viewed as a model and a test for other local governments in the Bay Area. We wish you success and hope that Contra Costa's program will become a meaningful tool that achieves positive results. Sincerely, Ja s J. Bo art Vice Presid nt BAY AREAS COUNCIL 'V ■847 Sansome Street October 27, 1987 San Francisco California 94111 14151 981-6600 ■EXECUTIVE COMMITTEE Board of Supervisors CHAIRMAN County of Contra Costa GEORGE M.KELLER Chairman of the Board&CEO 651 Pine Street Chevron Corporation Martinez, Ca 94553 DAVID A.BOSSEN President b CEO Measurez Corporation Dear Members: IAMES T.CLARKE Regional Managing Partner Coopers&Lybrand The Bay Area Council commends the Board and staff for its diligence A.\%'.CLAUSEN and persistence in pursuing the goal of a countywide program of Chairman G CEO Bank of America transportation systems management (TSM). MYRON DU BAIN Chairman of the Board, SRI International In recent years increasing traffic congestion has been mirrored by HERBERT M.DWICHT.'IR. growing public frustration. TSM programs are part of the solution, President Spectra-Physics. Inc. as we seek to stretch existing transportation capacity and maximize DONALD E.GUINN its efficient use. Based on a survey we completed early this year, Chairman&CEO Pacific Telesis Group the Council has concluded that such measures as flexible work hours, JAMES R.HARVEY ridematching, shuttles to transit stations, and preferential par- Chairman&CEO Transamerica Corporation king, etc.--when applied systematically and persistently--can prove Tr JOHN M.LILLIE effective in cutting down on solo driving during the peak traffic Chairman&CEO hours. Lucky Stores.Inc j CHARLES A.LYNCH Chairman&CEO The Council has participated actively in the task force which DHL Airways.Inc RICHARD B.MADDEN developed this proposal: A number of the comments and suggestions Chairman of the Board&CEO we have made along the way have been adopted, for which we.are most Potlatch Corporation appreciative. Several important issues remain about which we would CORNELL C MAIER Vice-Chairman&President like to comment: KaiserTech Limited FREDERICK W.MIELKE.IR. Chairman E.CEO.Retired (1) Alternate Objectives. Section II sets out primary objectives PacElectric Gas ompa specifying maximum percentages for single occupant vehicle commuters, Eleanc Compam: CARL E.REICHARDT and alternate objectives specifying maximum percentages for commut- Chairman&CEO ers during the peak traffic hours. Setting out both objectives is an Welis Fargo Bank P 9 IAMES A.VOHS excellent idea, because both contribute to the reduction of traffic Chairman£-President congestion, which is most critical in the peak-hours. But we recom- Kaiser Foundation Health Pian.Inc. mend that you broaden the eligibility for employers to seek both ■STAFF objectives. PRESIDENT ANGELO I.SIRACUS.A The current proposal allows employers to utilize the alternate PROGRAM DIRECTORS objective only under narrow circumstances. It is our view that all IAMES I.B.COOK employers should have the flexibility to meet either objective, or THOMAS B.COOK Y J STEVEN GLICK better yet, a combination of the two objectives rather than the BRIGITTE LeBLANC ASSOCIATES either/or limitation posed in the ordinance. Our survey found a ERIC ABRAHAMSON very strong preference among employers for fashioning their own COLLEEN BEACH to fit their programs particular location, workforce, and business ■The Bau Arca Council needs. We believe that the ordinance will be much more accepted established in 1945, and effective if employers have the flexibility. to choose between is business-snnnsored and. combine the two objectives. nrgani:aumr deaicgteai to a alusis and action on regional Issues.Its aro- arani currentlu focuses on strategic growth and economic development issues.indudina hous- ing.transportation.anti Contra Costa County Board of Supervisors October 27, 1987 page two (2) Enforcement. Section VIII(B) on "Failure to Implement a TSM Program" leaves one key point somewhat unclear. Based on discussions with staff, we believe that your intention is to set out the numerical objectives asog als, not as specific performance criteria: that is, an employer's failure to meet the percentages will not in itself trigger an enforcement action. Instead, the employer's obligation is to make a good faith effort and implement the activities specified in its agreed upon TSM program. If it does so, then it has fulfilled its obligation and is not subject to enforcement penalties. This is critically important if employers are to accept the program as reasonable. Employers and everyone else realize that while information, options and incentives can be offered to commuters, the ultimate choice about commute mode remains with the individual. There is no desire, and no real ability, to compel employees to change their commute behavior. That is why, to be realistic, an ordinance should not exact penalties on an employer for individual personal choices outside of the employer's control. We believe that this is your view as well, but it would be most reassuring to employers if the ordinance included an explicit statement to this effect: an employer's responsibility has been fully discharged if it has implemented the actions specified in its own TSM program. (3) County Government as a TSM Participant. Because the county government is one of the largest employers as well as sponsor and enforcer of this ordinance, its own employee program will have a great impact on the success of the effort. Therefore, the county's program as an employer should be an exemplary model. In order to assure private employers that the county is doing its best and not imposing unreasonable burdens on others, we recommend that the ordinance explicitly state that no employer shall be penalized for failure to meet any _ standard or objective higher than that attained by the county. For example, if the county employees' alternative commute ratio is 30%, then no other employer shall be subject to penalties if it attains a 30% ratio. This will reassure private employers that the county government is likely to practice what it preaches. The modifications suggested above will strengthen the proposal. In order to be effective, the program must be realistic, be perceived as fair, and have the genuine support of the employers who implement it. Your ordinance will come to be viewed as a model and a test for other local governments in the Bay Area. We wish you success and hope that Contra Costa's program will become a meaningful tool that achieves positive results. Sincerely, Ja s J. Bo art Vice Presid nt This space is fdounty Clerk's Filing Stamp PROOF OF PUBLICATION (2015.5 C.C.P.) IL OCT 24 i9 1 STATE OF CALIFORNIA :H;l RA CH@ OR County of Contra Costa UKoneo c:r ERv150�5 "TRA CCS /`4 QAi Lh-e4.. �eaur I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, Proof of Publication of 87-881 and not a party to or interested in the above-entitled matter. NOTICE PO# 88140-188 I am the Principal Legal Clerk of the California Delta NOTICE OF PUBLIC HEARING FCOUNTY TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE newspaper enerarcu Newspapers, Inc. Aof l circulation, October 27, 1987 g 10:30 A.M. I Board of Supervisors Chamber I printed and published at 1700 Cavallo Road in the City of First Floor i McBrien Administration Building Antioch, Count of Contra Costa,94509 ! 651 Pine Street County Martinez, California, 94553 DEADLINE FOR WRITTEN COMMENTS 5:00 P.M., October 27, 1987 i Community Development Department And which newspaper has been adjudged a newspaper 4th Floor, North Wing McBrien Administration Building 651 Pine Street of general circulation by the Superior Court of the County j Martinez, California, 94553 ATTN: Steven L. Goetz of Contra Costa, State of California, under the date of. i Transportation Planning Division Notice is hereby given pursuant to Government Code Section 6062a that the Contra March 26, 1870. Case Number 7467370. Costa County Board of Supervisors will hold a hearing to receive testimony on the proposed County Transportation System Management(TSM)ordinance.All interested persons are invited to attend.The proposed ordinance will be considered by the Board of Supervisors at a hearing commencing at 10:30 A.M.on October 27,1987.The hearing i will be held in the Board of Supervisors Room 107 on the first floor of the McBrien' The notice, of which the annexed is a printed copy (set in 1 Administration Building, 651 Pine Street, Martinez, California. The hearing room is! accessible to persons in wheelchairs. Ordinance Scope type not smaller than nonpareil), has been published in The proposed ordinance requires certain employers,and owners of office and resi-I dential complexes to take specific actions to ease commuter traffic congestion. each regular and entire issue of said newspaper and not Ordinance Availability Copies of the proposed ordinance are available for review at the County public, libraries and the Community Development Department at the location noted above. in any supplement thereof on the following dates, to-wit: Presentation of Written and Oral Testimony and Written Comments Any interested person may present statements relevant to the Board's proposed October 17 , 23 action on the ordinance at the hearing. The Board of Supervisors requests that oral testimony at the hearing be summarized to the degree possible.The Board of Supervi-: all In the year Of 19 8 77 sors may impose a time limitation on oral presentations. . Deadline for Written Comments Written comments must be submitted no later than 5:00 P.M. on October 27, 1987. Date: October 14, 1987 I PHIL BATCHELOR, Clerk of the Board I certify (or declare) under penalty of perjury that the and County Administrator By Ann Cervelli, Deputy Clerk (Legal 87-881 foregoing is true and correct. Publish: Oct. 17, 23, 1987_ Executed at Antioch, California. On this 23 day of October 1987 C Sig ature California Delta Newspapers, Inc. Daily Ledger•Post Dispatch•Brentwood News P.O.Box 70 Antioch,CA 94509 (415)757-2525 CONTRA COSTA COUNTY REQUISITION GENERAL SERVICES DEPARTMENT THIS IS NOT A PURCHASE ORDEP,' PURCHASING DIVISION 0. P (415)372-2174 NN 88136-493 SF CONTRA COSTA COUNTY 1. PLEASE TYPE OR PRINT LEGIBLY WHILE ENTER- ALTERATION NO QUOTATION NO. H Clerk of the Board of Su ervisors ING CLEAR AND ACCURATE DESCRIPTIONS P OF MATERIAL OR SERVICE REQUESTED. PAGE P 651 Pine Street, Room 106 2 DO NOT WRITE IN VENDOR BLOCK.THIS WILL Martinez , C A 94553 BE COMPLETED BY PURCHASING. 3. PLEASE ENTER RECOMMENDED VENDOR AND T OTHER REQUIREMENTS IN THE SPACE PRO- VIDED AT THE BOTTOM OF THIS FORM. CL VENDOR NO.; AXI SHIP VIA PREPAID .1 FAB -TERMS.: BUYER 44 D DESTINATION VF E CONTRA COSTA TIMES N— D P.O. BOX 4 718 DEPT- Clerk of the Board O_ R L WALNUT CREEK,. CA 94596 J REQUISITION NO.&DATE: 4 9 3 a c 11/1/87 WT ORGANZAWN SUB-OIWCT . TASK OPTION.;.AqMqFK AUII{ SPEC FLAGS .,R=ASSET . W(ASSL QTY %/REM.' :..:'. :AMOUNT .:. 1 1 C ._...---- - - -._..._.._............ .-..------- - - �—--- -- = - - - ----- ---- c ... - - D 1 , G - --- -- -....-- _ ITEM ENT. MATERUII.OR.SERYIO . . . > . QTY./UNIT .' UNIT PRICE EXTENSION 1 01 LEGAL PUBLICATION-ORDINANCE NO. 87-95 with respect to Transportation Systems Management Ordinance which is to be publish d --------------- on November 6 , 1987. Immediately upon the expiration of publication, send us one affi1.davit for each ublicatio _n in� or le th6t the auditor may be authorized to pay your bill . SPECIAL REQUIREMENTS OR INSTRl1CTIONS-PREVIOUS V.0.N0.;QUOTATION NQ OR RECOMMENDED VENDORS. , SALES TAX TOTAL AMOUNT ESTIMATE OF DIVISION CERTIFICATION IS HEREBY MADE THAT THE ABOVE IS A LEGAL C GE AG7T THE A R - COST Clerk of the Board PRLATIONINDICATED. ORK31NATEDBY: DEPT.MEAD: PHIL BATCHELOR BY: s TELEPHONE NO 646-2371 OFFICIAL TMs: Deputy Clerk I101-23REV.12/85) QP w ORDINANCE NO. 87-95 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 opportunities 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 road improvements; D. Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels, 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 comprehensive 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. r H. Participation of employee organizations is critical to the successful implementation of the TSM ordinance since the ordinance may affect negotiated employee agreements. 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 transportation 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 commuting. 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. 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 subsections D and F 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. 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 in 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 in single 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 of the following characteristics: 1) Operations occur on a 24 hour basis, and a minimum of two 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 I-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 in single occupant vehicles during each of the peak periods. 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 in single occupant vehicles during each of the. peak periods. d. At the time of the fourth annual report, no more 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 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 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. .E. Failure To Achieve the Ordinance' s Objective. Failure to achieve the objective of this ordinance as described in subsections C and D of this section shall not be a violation of this ordinance. Compliance with the ordinance shall be determined pursuant to the provisions of Section VIII . F. Reasonable Progress. 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. This determination may be made 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 . No employer shall be required to achieve greater progress than the progress achieved by the County in limiting the percentage of County employees commuting in single occupant vehicles. SECTION III . DEFINITIONS The following words and phrases have the meanings ascribed to them 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 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 is not 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 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. ...CTS • 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. 11I-80 Corridor" means all unincorporated territory included in the Spheres of Influence boundaries for E1 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. O. "Ridematching" means a process of identifying interested drivers and interested 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, or users. 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. 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 Transportation 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 implementation 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; ..gam.. 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 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 the employer 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. �AS— 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 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 requirements: 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, complex sponsors, 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. ..rte. 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. 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 All Employers 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 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. 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 �t 9 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 such 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. 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 of 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. 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 .implemented within thirty ( 30) days of approval. .8.�95.� ✓1'g.� 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 F 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 I employees; and f. The number of off-street parking spaces available to i non-employees. 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. 2. Final TSM Program. The design and implementation of a final TSM Program shall be a condition of project approval. Mandatory participation in the final TSM Program shall be recorded in the 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 ordinance before 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. 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 j 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. Revised 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 revised TSM Program to the County TSM Coordinator. C. Amendment. An amendment to an approved TSM Program may be approved at any time by the County TSM Coordinator. 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 or complex 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 any TSM Information Program or TSM Program required by this ordinance after thirty ( 30) days ' notice to remedy the failure, is guilty of an infraction. 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. 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: i 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. Inunction. 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 effective thirty ( 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 CONTRA COSTA TIMES a newspaper published in this County. PASSED and ADOPTED on October 27, 198,7 by the following vote: AYES: Supervisors Powers , Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR ' Clerk of the Board of Supervisors and County Administrator By :Ann Cervelli Sunne Wriaht McPea', Deputy Clerk Chairperson, Board of Supervisors i I I i I i I aT—7� i � i APPENDIX t I I r i i •..8�g5r^ ANNUAL TRANSPORTATION SURVEY To comply with the annual transportation survey requirement, survey the commute behavior of employees at the work place, and provide the following information outlined on this form. This information must be submitted to the County TSM Coordinator by June 30th every year. 1. Name of Employer 2. Address of Work Place 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 i 8. Zip Code of Employees' Residence (Use additional pages as needed) List # of Employees List Zip Codes Residing in Each Zip Code t PROOF OF PUBLICAAN This space oor County Clerk's Filing Stamp (2415.5 C.C.P.) STATE OF CALIFORNIA OCT-?.3 ,1987 County of Contra Costa L[�A QOARU OF� ER'i^CD,$ CiNTRA CC)a I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the obove-entitled matter. Proof of Publication of. I am the Principal Legal Clerk of the West County Times. Notice of Public Hearing A newspaper of general circulation; printed and pub- _ NOTICE OF PUBLIC HEARING' _Presentation of Written ands lished at 2640 Shadefands Drive in the Cityof Walnut COUNTY TRANSPORTATION Oral Testimony and Written SYSTEM MANAGEMENT i Comments I ORDINANCE Any interested person may pre-' . Creek,County of Contra Costa,94598 October 27, 1987 I.sent statements relevant to the; 10:30 A.M. Board's proposed action on the! Board of Supervisors Chamber i ordinance at the hearing. The! First Floor Board of_'s4uEervisors requests' And which newspaper has been adjudged a newspaper McBrien Administration Building that oral testimony at the hearing 651 Pine Street I be summarized to the degree pos w.ti. Martinez, CA 94553 I sible. The Board of Supervisors, Of general circulation by the Superior. Court of the DEADLINE FOR i may impose a time limitation or WRITTEN COMMENTS j oral presentations. I County of Contra Costa, State of California, under the 5:00 P.M., October 27, 1987 Deadline for written Community Development Comments Department Written comments must be date of August 29, 1978.Case Number 188$$4, 4th Floor, North Wing submitted no later than 5:00 McBrien Administration P.M. on October 27, 1987, Building Date: October 14, 1987 651 Pine Street I PHIL BATCHELOR, The notice,.of which the annexed is a printed copy(set in Martinez, CA, 94553 Clerk of the Board ATTN: Steven L. Goetz, i and County Administrator ion type not smaller than nonpareil), has been published in TranspoDDDivisionPlanning By: Ann Cervelli, Deputy Clerk, Notice is hereby given pursuant Legal WCT 2500 each regular and entire issue of said newspaper and not to Government Code Section i Publish October 17, 1987 6062a that the Contra Costa in any supplement thereof on the following dates,to-wit: holdnaheari g to rrecei e testimo- ny stimo� ny on the proposed County Trans- portation System Management October 7 (TSM) ordinance. All interested persons are invited to attend.The proposed ordinance will be con- t sidered by the Board of Supervi- i stirs at a hearing commencing at all in the year of 19 8 7. 10:30 A.M. on October 27, 1987.The hearing will be held in the Board of Supervisors Room eertif y (or declare) under penalty of perjury that the 107 on the first floor of the j McBrien Administration Building, foregoing is true and correct. 651 Pine Street, Martinez, Cali-, 'fornia.The hearing room is acces-I Executed at Pinole,California. sibie to persons in wheelchairs.i Ordinance Scope The proposed ordinance re-d i quires certain employers, and: owners of office and residential On this 19thOctober 8 7 complexes to take specific actions!i day a, 1 q— i to ease commuter trafficr congestion. Ordinance Availability Copies of the proposed ordi-! nance are available for review at, the County public libraries a4 the Community Development De-' Signature i partment at the location noted1 Labove..- -- Lesher Communications,Inc. West County Times P.O.Box 128 Pinole,CA.94564 (415)724-8400 W.CT Legal 40-2500 Y!9, PROOF OF PUBLICAONt1 This sp for County Clerk's Filing Stamp (2015.5 C.C.P.) F I LED STATE OF CALIFORNIA OCT 26 19$7 County of Contra Costa Pi L1L BITCH 02 t am a citizen of the United States and a resident of,the eLetK CINTRA or r 2vl,^2s �tul ca DE tlfy County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. Proof of Publication of j I am the Principal Legal Clerk of the Contra Costa Times. �tP NOT A newsOF PUBLIC HEARING paper of general circulation, printed and pub- , COUNTY TRANSPORTATION 4 SYSTEM MANAGEMENT CE lished at 2640 Shadelands Drive in the City of Walnut ober 27, 19 ' � October 27, 1987 t Creek, County of Contra Costa; Board of 94598 10:30 A.M. Supervisors Chamber 1 First Floor !McBrien Administration Building 651 Pine Street And which newspaper has been adjudged a newspaper } Martinez, CA 94553 I DEADLINE FOR !- WRITTEN COMMENTS of general circulation by the Superior}Court of the COUn- 15:00 P:M.,'October 27, 1987 Community Development ty Of Contra Costa,State of California,under the date of ! 4th Floor, NorthDepartmenWing McBrien Administration October 22, 1934. Case Number 19764. Building 651 Pine Street iMartinez, CA, 94553 ATTN: Steven L. Goetz Transportation Planning The notice,of which the annexed is a printed copy(set in Division Notice is hereby given pursuant r type not smaller than nonpareil), has been published in to Government Code Section 6062a that the Contra Costa each regular and entire issue of said news County Board of Supervisors will paper and not hold a hearing to receive testimo- ny on the proposed County Trans- in any Supplement thereof on the following dates, to-wit: j portation System Management (TSM) ordinance. All interested� persons are invited to attend:The proposed ordinance will be con-i OCt I7 , 23 I sidered by the Board of Supewi-{ f sors at a hearing commencing at 10:30 A.M. on October 27, 1987.The hearing will be held in' the Board of Supervisors Room all in the year of 19-$-Z, 107 on the first floor of the McBrien Admini'itration Building; I certify (or declare) under penalty of perjury that the !651 Pine Street, Martinez, Cali-i `fornia.The hearing room is acces•: foregoing is true and correct, sible to persons in wheelchairs. i (Ordinance Scope The proposed ordinance re- l Executed at Walnut Creek,California. (quires certain employers, and owners of office and residential complexes to take specific actions On this 23 day of October 87 jto ease commuter traffic 19__ ;congestion, Ordinance Availability Copies of the proposed ordi- , nance are available for review at the County public libraries and r _ iabove. the Community Development De- partment at the location noted Signature iPresentation of Written and Oral '. Testimony and Written i Lesher Communications,Inc. Comments Contra Costa Times I Any interested person may pre- P.Q.Box 5088 sent statements relevant to the Walnut Creek,Ca.94596 Board's proposed action on the ordinance at the hearing. The £ (415),935-2525 Board of Supervisors requests 109567 that oral testimony at the hearing F be summarized to the degree pos- n sible. The Board of Supervisors n may impose a time limitation on F CONTRA COSTA COUNTY REQUISITION GENERAL SERVICES DEPARTMENT • THIS IS NOTORDER PURCHASING DIVISION (415)372-2174 NQ. P 88140-188 CONTRA COSTA COUNTY ALrERAnoNN0 QUOTATION NO S II— 1. PLEASE TYPE OR PRINT LEGIBLY WHILE ENTER- H Clerk of the Board of Supervisors ING CLEAR AND ACCURATE DESCRIPTIONS. I 651 Pine Street, Room 106 OF MATERIAL OR SERVICE REQUESTED. PAGE P 2 DO NOT WRITE IN VENDOR BLOCK.THIS WILL Martinez , C-A 9 4 5 5 3 BE COMPLETED BY PURCHASING. } 3. PLEASE ENTER RECOMMENDED VENDOR AND T OTHER REQUIREMENTS IN THE SPACE PRO- 0L VIDED AT THE BOTTOM OF THIS FORM. VENDOR NO A/C SHIP VIA:PREPAID FA& TERMS E4UYER. 44 D DESTINATION VF- E ANTIOCH DAILY LEDGER N— D P.O. BOX 70 DEPT.: Clerk of the Board 0— ,R _'R AN T I OC H, CA 94509 REQUISITION NO.&DATE: L_ J 188ac 10/14/87 ENT. ORC Mi2AT1DN SUB•OBIECT TASK OPTKNJ ACT./WORK AUTK SPEC FLAGS. FLIED ASSET :..i0(ASSC Off ....:K/REM AMOIflR.:..' . Ol 0001 : 2190 ............................_....._...._..... ...__.......... .... ...........__. ..... ... ....... . - ---........... - _---- o _ -- D N ............ - ITEM 'ENT. 1. MATERIAL OR SERVICE . . QTY/UNIT UNIT.PRKE EIMSION 1 01 LEGAL PUi;LICATION-NOTICE OF HEARING with respect to County Transportation Systems Management Ordinance which .is to be publish d On October 17 , 1987 and October 23 , 1987 . Immediately .upon _the .expiration. of 'publicat ' on, S nd us one affidavit for each publication in order th t _t-he auditor may be- authorized to pay your b ' 11 . SPECIAL REQUIREMENTS OR INSTRUCTIONS-PREVIOUS M NO.,GUOTATION NO,OR RECONIMENDED.VENDORS. SALES TAX TOTAL AMOUNT ESTIMATE OF DIVISION CERTIFICATION IS HEREBY MADE THAT THE ABOVE IS A LEGAL CH AGAI T THEAPR - COST Clerk of the Board PRIATIONINDICATED. . ORIGINATED BY: DEPLHEAD: PHIL BATCHELOR BY: -4 . -- TELEPHONE NO 372-2371 OFFICIAL TITLE` n-A-p ti t rC 1 e r k (D-23 REV.12/85) (E)M CONTRA COSTA COUNTY REQUISITION GENERAL SERVICES DEPARTMENT • THIS IS NOY A PURCHASE ORDER PURCHASING DIVISION (415)372-217a NO. P 88136-485 SI CONTRA COSTA COUNTY 1. PLEASE TYPE OR PRINT LEGIBLY WHILE ENTER- ALTERATION NO QUOTATION NO H Clerk of the Board Of SU erV1SOrS ING CLEAR AND ACCURATE DESCRIPTIONS I P OF MATERIAL OR SERVICE REQUESTED. PAGE P 651 Pine Street, ROOfi 106 2 DO NOT WRITE IN VENDOR BLOCK.THIS WILL Martinez , C A 94553 BE COMPLETED BY PURCHASING. 1 3. PLEASE ENTER RECOMMENDED VENDOR AND T OTHER REQUIREMENTS IN THE SPACE PRO- VIDED AT THE BOTTOM OF THIS FORM. L J VENDOR NQ A/C] SHIP VIA:PREPAID.. FAB . .:. :. '.,TERMS EtUYER �" JDJ DESTINATION VF E CONTRA COSTA TIMES N— �. P.O. BOX 4718 DEPT.: Clerk of the Board R L WALNUT CREEK, CA 94596 J REQUISITION NO.&DATE:4 8 5 a c 10/ 14/87 ENL .:0W M UnON SU&OWT .:TASK OPTION :ACL/N!ORK AUIH: :;,':.:... .: SPED FLAGS. ...:... fDl®ASSET A)I ASSL Orr. :. %/ITEM "AMOUNT . �....-_01... 0001 ; 2190 _.....__.._ . = - ------=-----.._.__....__._...<._.._:......_..__ ..__:.__...:...._.__.._............... ................. ....- - c - -- .......... - - ...... . .. D REM ENT. MATERIAL.OR SERYIO. QTY./UNIT UNIT.PRICE EXTENSION 1 1 LEGAL PUBLICATION-NOTICE OF HEARING with respect to the County Transportation System I Management Ordinance which is to be publislied on October 17 , 1987 and October 23 , 1987 . ------------------- Immediately upon the expiration of publica ion, send us one affidavit for each publication in order th t the auditor may be authorized to pay your bill SPECIAL REQUIREMENTS OR INSTRUCTIONS-PREVIOUS M NQ;QUOTATION NO.OR RECOMMENDED VENDORS. SALES TAX TOTAL AMOUNT ESTIMATE OF DIVISION CERTIFICATION IS HEREBY MADE THAT THE ABOVE IS A LEGAL C §T THE APP COST Clerk of the Board PRLATIONINDICATED. ORGINATEDBY: DEPT.HEAD: PHIL BATCHELOR BY: i TELEPHONE NO 372-2371 OFFICIAL TITLE: Deputy C l e r k (D•23 REV.12/85) Q M CONTRA COSTA COUNTY REQUISITION GENERAL SERVICES DEPARTMENT • THIS IS NOT A PURCHASE ORDER: PURCHASING DIVISION . P (415)372-2174 N N089371-93 SF- CONTRA COSTA COUNTY 1. PLEASE TYPE OR PRINT LEGIBLY WHILE ENTER- ALTERATIONNO QUOTATION NO. H ING CLEAR AND ACCURATE DESCRIPTIONS Clerk Of the Board of Supervisors OF MATERIAL OR SERVICE REQUESTED. PAGE DO NOT WRITE INBL P 651 Pine Street, Room 106 2 BE COMPLETED BY URCHOASIN«K.THIS WILL T PLEASE ENTER RECOM T Martinez , CA 94553 s OTHER EQUIREMEENTSE NDED THE PAOR ACE RNO- ^ I VIDED AT THE BOTTOM OF THIS FORM. `,�L'.: VENDOR NQ A/C SHIP VIA:PREPAID.. – FAB ::.TERMS . .. ::.': .:` ... BUYER. 44 D DESTINATION E�WEST COUNTY TIMES N— D P.O. BOX 128 DEPT.: Clerk of the Board O_ R P I NOLE, CA 94564 REQUISITION NO.&DATE: L J 9 3 a c 10/14/87 ENL. 0I0AWATKIN SUB-OBJECT TASK OPTION.' .ACL/1NORKAUTH SPEC FLAGS. FIXED ASSET'.; FO!ASSLOTL: ;:.%%REM, AMO{! MF 01 0001 2190 ._..- o _._. _.......__...................... - _....__._.....- -- -.._ ..... ... D .N ._......._...._ ._.......:. .. ... .... ..... .. . _. - - - - - . ITEM I EN1. INATERIAL OR SEJtV10 QTY./UNIT UNIT.F21a... ' :UTIMON 1 01 LEGAL PUBLICATION-NOTICE OF HEARING WITH RESPECT to the County Transportation System Management Ordinance which is to be published on October 17 , 1987 and October 23 , 1987 . I.mmediateIy...upon, the expiration _of publication, s nd us one affidavit for each publication in order that the _auditor may be authorized to pay your bill . SPECIAL REQUIREMENTS OR.INSTRUCTIONS-PREVIOUS PJB NOT,QUOTATION NO.OR RECOMMENDED VENDORS. SALES TAX TOTAL AMOUNT ESTIMATE OF DMSION CERTIFICATION IS HEREBY MADE THAT THE ABOVE IS A LEGAL C E AG ST THE A - cosT Clerk of the Board PRIATIONINDICATED. ORIGINATED BY: Det HEAD: PHIL BATCHELOR BY: ` s 372-2371 TELEPHONE NO. OFFICIAL TITLE: D P n 1 T t- .Clerk (D-23 REV.12/85) em NOTICE OF PUBLIC HEARING COUNTY TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE October 27 , 1987 10: 30 A.M. Board of Supervisors Chamber First Floor McBrien Administration Building 651 Pine Street Martinez, California, 94553 DEADLINE FOR WRITTEN COMMENTS 5: 00 P.M. , October 27, 1987 Community Development- Department 4th Floor, North Wing McBrien Administration Building 651 Pine Street Martinez, California, 94553 ATTN: Steven L. Goetz Transportation Planning Division Notice is hereby given pursuant to Government Code Section 6062a that the Contra Costa County Board of Supervisors will hold a hearing to receive testimony on the proposed County Transportation System Management (TSM) ordinance. All interested persons are invited to attend. The proposed ordinance will be considered by the Board of Supervisors at a hearing commencing at 10: 30 A.M. on October 27, 1987 . The hearing will be held in the Board of Supervisors Room 107 on the first floor of the McBrien Administration Building, 651 Pine Street, Martinez, California. The hearing room is accessible to persons in wheelchairs. Ordinance scope The proposed ordinance requires certain employers, and owners of office and residential complexes to take specific actions to ease commuter traffic. congestion. Ordinance Avaiability Copies of the proposed ordinance are available for review at the County public libraries and the Community Development Department at ,the location noted above. Presentation of Written and Oral Testimony and Written Comments Any interested person may present statements relevant to the Board' s proposed action on the ordinance at the hearing. The Board of Supervisors requests that oral testimony at the hearing be summarized to the degree possible. The Board of Supervisors may impose a time limitation on oral presentations. Deadline for Written Comments Written comments must be submitted no later than 5: 00 P.M. on October 27, 1987 . �. Date: October 14 , 1987 PHIL BATCHELOR, Clerk of the Board and County Administrator I By Ann Cervelli , Deputy Clerlc NOTICE OF PUBLIC HEARING COUNTY TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE October 27, 1987 10: 30 A.M. Board of Supervisors Chamber First Floor McBrien Administration Building 651 Pine Street Martinez , California, 94553 DEADLINE FOR WRITTEN COMMENTS 5: 00 P.M. , October 27 , 1987 Community Development Department 4th Floor, North Wing McBrien Administration Building 651 Pine Street Martinez, California, 94553 ATTN: Steven L. Goetz Transportation Planning Division Notice is hereby given pursuant to Government Code Section 6062a that the Contra Costa County Board of Supervisors will hold a hearing to receive testimony on the proposed County Transportation System Management (TSM) ordinance. All interested persons are invited to attend. The proposed ordinance will be considered by the Board of Supervisors at a hearing commencing at 10: 30 A.M. on October 27, 1987 . The hearing will be held in the Board of Supervisors Room 107 on the first floor of the McBrien Administration Building, 651 Pine Street, Martinez, California. The hearing room is accessible to persons in wheelchairs. Ordinance Scope The proposed ordinance requires certain employers, and owners of office and residential complexes to take specific actions to ease commuter traffic congestion. Ordinance Avaiability Copies of the proposed ordinance are available for review at the County public libraries and the Community Development Department atJ the location noted above. Presentation of Written and Oral Testimony and Written Comments Any interested person may present statements relevant to the Board's proposed action on the ordinance at the hearing. The Board of Supervisors requests that oral testimony at the hearing be, summarized to the degree possible. The Board of Supervisors may impose a time limitation on oral presentations. Deadline for Written Comments Written comments must be submitted no later than 5: 00 P.M. on October 27 , 1987. Date : October 14 , 1987 PHIL BATCHELOR, Clerk of the Board and County Administrator CL L By o Ann Cervelli ; Deputy Clerk CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 2 ( 34- 11 DATE: October 14, 1987 TO: Jeanne Maglio, County Clerk of the Board FROM: Steven L. Goetz, Transportation Planning Division SUBJECT: Public Hearing Notice for County Transportation Syst Management Ordinance The attached notice should be published in the following newspapers: Contra Costa Times 2640 Shadelands Dr. Walnut Creek IM" Valley 'P-=.�.. �� IVE3aa SDau, uc,(�i4 q4r.-Dail Led er 6AY g TCHELOR1700 Cavallo Rd COST av►so Antioch / West County Times V 1600 San Pablo Ave. Pinole Attachment SLG news NOTICE OF PUBLIC HEARING COUNTY TRANSPORTATION SYSTEM MANAGEMENT ORDINANCE October 27, 1987 10: 30 A.M. Board of Supervisors Chamber First Floor McBrien Administration Building 651 Pine Street Martinez, California, 94553 DEADLINE FOR WRITTEN COMMENTS 5: 00 P.M. , October 27, 1987 i Community Development Department 4th Floor, North Wing McBrien Administration Building 651 Pine Street i Martinez, California, 94553 ATTN: Steven L. Goetz Transportation Planning Division Notice is hereby given pursuant to Government Code Section 6062a that the Contra Costa County Board of Supervisors will hold a hearing to receive testimony on the proposed County Transportation System Management (TSM) ordinance. All interested persons are invited to attend. The proposed ordinance will be considered by the Board of Supervisors at a hearing commencing at 10: 30 A.M. on October 27, 1987 . The hearing will be held in the Board of Supervisors Room 107 on the first floor of the McBrien Administration Building, 651 Pine Street, Martinez, California. The hearing room is accessible to persons in wheelchairs. Ordinance Scope The proposed ordinance requires certain employers, and owners of office and residential complexes to take specific actions to ease commuter traffic congestion. Ordinance Avaiability Copies of the proposed ordinance are available for review at the County public libraries and the Community Development Department at the location noted above. Presentation of Written and Oral Testimony and Written Comments Any interested person may present statements relevant to the Board' s proposed action on the ordinance at the hearing. The Board of Supervisors requests that oral testimony at the hearing be summarized to the degree possible. The Board of Supervisors may impose a time limitation on oral presentations. Deadline for Written Comments Written comments must be submitted no later than 5: 00 P.M. on October 27 , 1987 . ry: BOARD OF SUPERVIS05 • �` F ROM : Contra Sunne Wright McPeak, Chair CJllJla District IV Supervisor . DATE : Cinty September 29, 1987 SUBJECT: County Transportation System-Management_—(TSM)- Ord7inance �e SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 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. 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. dp9:boSept29 .t09 Orig. Dept. - CDD/TPD X CONTINUED ON ATTACF"ENT; YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER t4- Aectl� SIGNATOR E S 1: S 6f ACTION OF BOARD ON October 6, 1987 APPROVED AS RECOMMENDED .X OTHER VOTE OF SUPERVISORS 1 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 130ARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. BarSara A. Neustadter - CDD :C: V.J. Westman - County Counsel ATTESTED County Administrator PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY (382%'1-83 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: 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 1987/88 Budget Year. It would be necessary to include it in the 1988/89 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, and 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. Thi's 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. I 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 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 . 41 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 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) tsmXSum APPENDIX 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 road improvements; D. Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels, 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. 1 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; •r 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. 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. 2 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 comp-'hex 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 in 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 in single 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 I-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. _ 3 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 more than-15 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. 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. 4 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 is not 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 5 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 C,.reek, 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 E1 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. 6 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 7 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 the employer 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 8 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 requirements: a. Employers of twenty (20) or more employees located in structures approved before the effective date of this ordinance; -- b. rdinance;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, complex sponsors, and project sponsors subject to the Pleasant Hill BART Station Area TSM Ordinance (County O'rdinance 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. 9 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 (10.0) or More Employees and All Employers 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 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 . 10 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 reistrictions 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 such 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. 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 of transit, and non-motorized transportation designed to meet the applicable objective set forth in Section I1 . 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. - 11 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 implemented 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 j 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 nonemployees. 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. 12 I 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 in the 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 ordinance before 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 . I f 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 reconmended 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. C. Amendment. An amendment to an approved TSM Program may be approved at any time by the County TSM Coordinator. 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 i an infraction. 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. 14 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 effective thirty (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: `lES: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 15 ANNUAL TRANSPORTATION SURVEY To comply with the annual transportation survey requirement, survey the commute behavior of employees at the workplace, and provide the following information outlined on this form. This information must be submitted to the County TSM Coordinator by June 30th every year. 1. Name of Employer r 2. Address of Work Place 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) j List # of Employees List Zip Codes Residing in Each Zip Code I