HomeMy WebLinkAboutMINUTES - 12171991 - TC.2 TO: BOARD OF SUPERVISORSContra
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FROM:. . Transportation Committee CbJIa
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DATE: December 9, 1991 ;..' .�P County
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SUBJECT: Report on the County TDM Ordinance and County Employee TDM Program
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve work program for transportation demand management (TDM)
activities for remainder of fiscal year, 1991-92 (see Exhibit A) ;
2. Adopt revised traffic resolution and regulations concerning
carpool parking at the County lot on Pine and Escobar Streets
(Exhibit B) ;
3 . Adopt administrative procedures and regulations . concerning. the
operation of. the County Employee Commute Pool Program_ ,('Exhibit
C)
4 . Direct the County Administrator to authorize imp�1ementation; of'
flexible work schedules by all County departments, linciuding 9-
80 and 4-40 work schedules, flextime and staggered hours
(Exhibit D) ;
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : S hroder Tom Torlakson
ACTION OF BOAR ON q APPROVED AS RECOMMENDED OTHER
The Board approved recommendations 1, 3, 6, 7 & 8.
Recommendations 2 & 5 were approved in concept and staff is directed to review and
refine the language and formats and return to the Board for approval.
Recommendation 4 was approved. Supervisor McPeak advised that the Board wants to
provide flexible work schedules, but recognizes that it is sometimes difficult to
reach people on Fridays, and therefore Department Heads must work out a staffing
schedule to reflect that the Board's first priority is public service, and that
departments must-be adequately-covered at all times.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS ISA
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc:" All. distrib_ution_ via i
Community Development ATTESTED_ / /f p/
PHIL BATC ELOR, CLERK OF
i THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
5. Introduce Ordinance revising County TSM Ordinance (87-95) to
conform with CCTA policy. Waive reading and fix January 7,
1992 for Adoption (Exhibits E) ;
6. Direct the Director of the Community Development Department in
conjunction with the Director of General Services to prepare
administrative procedures for a Guaranteed Ride Home program
for County employees who rideshare;
7 . Direct the Director of the Community Development Department to
evaluate the following related to employee parking and to
report back to the Board by June 30, 1992 : instituting parking
charges for employee parking and providing reserved carpool
parking at additional. County employment sites;
8. Request County department heads to cooperate in the employee
TDM program, including conducting an employee survey and
designation of onsite TDM liaison persons.
FISCAL IMPACT
The estimated cost of the programs included in the TDM Work Program
would be approximately $25,.000. These costs would be incurred for
the employee survey ($4500) , the employee incentive program
($15, 000) , restriping the Pine/Escobar carpool parking lot ($2500) ,
printing the brochure . of available TDM services ($2500) , and
mapping employment sites ($300) . The parking lot restriping costs
is included in the Plant Acquisition General Fund Account. The
other costs specified herein will require separate authorization by
the Board of Supervisors.
BACKGROUND REASONS FOR RECOMMENDATIONS
Since 1986, the Board of Supervisors has taken a number of actions
under the general heading of Transportation System Management
(TSM) 1 with the . goals of reducing peak hour traffic congestion,
energy consumption, noise levels and emissions._ These actions
include the enactment of TDM ordinances applying to employers and
residential developments in the unincorporated area and for the
Pleasant Hill BART Station Area; approval of a pilot program
allowing County employees to work flexible hours; authorization of
use of County vehicles for County employee carpools; designation of
the Pine Street-Escobar Street parking lot for employee carpools;
and conceptual approval of a telecommuting program for County
employees.
New Mandates for TDM Programs
The need for effective TDM programs has been underscored by the
adoption of .Measure C (19,88) , the approval of Proposition 111
(1990) , and the adoption of the Bay Area Clean Air Plan (1991) .
The Growth Management Program, mandated by Measure C, requires
adoption of a TDM ordinance or alternative mitigation program. The
Congestion_ Management Program (CMP) of Proposition 111, also
:requires adoption of local TDM ordinances. The Bay Area Clean Air
:Plan, adopted by the Bay Area Air Quality Management District in
October 1991, includes a number of Transportation Control Measures
(TCM's) , which are intended to reduce vehicular emissions by
:reducing the number of vehicle trips made and increasing vehicle
occupancy and transit use. These TCM's, which are similar in
intent to many elements of TDM programs, are implemented at the
local level through the adoption of the Congestion Management
Program. The Metropolitan Transportation Commission (MTC) will
review CMP's for conformance with the Bay Area Clean Air Plan.
1 The terminology "transportation system management", or TSM
is gradually being replaced by "transportation demand management"
(TDM) , which more accurately describes efforts to modify employee
commute mode, timing or work location in order to reduce peak
period demand for transportation facility use. TDM will, be used
throughout the remainder of this board order.
TDM WORK PROGRAM FOR 1991-92
In response to these mandates, the Transportation Planning Division
has evaluated the effectiveness of the County Employees TDM program
and has identified specific actions that would strengthen this
program. Exhibit A presents the Work Program for the County's TDM
program for the remainder of the 1991-92 fiscal year. Proposals
include development of a data base on County employees and
facilities; a survey of County employees to ascertain current
commuting habits and interest in alternatives; an information
dissemination program including designation of onsite liaison
personnel to inform and assist County employees on commute options;
orientation of new employees; development of a guaranteed ride home
program; availability of flexible work schedules; provision of
bicycle parking facilities and showers; employee incentives;
preferred parking for carpoolers; initiation of a County vanpool
program; and implementation of a telecommuting policy.
IMPLEMENTING ACTIONS
In addition to approving the TDM Work Program, this Board Order
adopts administrative procedures and regulations for carpool
parking lot at County facilities (Exhibit B) and for the operation
of the County vehicle carpool program (Exhibit C) .
The Board has previously authorized the Community Development
Department to implement a pilot flexible work schedule program
allowing employees to work a 9-80 schedule, staggered hours, or
flexible hours. The Public Works, Health, and General Services
Departments have also implemented flexible work schedules. A
survey of these departments indicated positive experiences with
those programs (Attachment D) . Accordingly, this Board order
authorizes all County departments to implement flexible work
schedules.
The County's TDM ordinance (Ordinance 87-95) has been revised and
.is presented in Exhibit E. These revisions include the goal of
attaining an average vehicle ridership (AVR) of .1. 30 by 1997 and
other changes to -be consistent in application with the OCTA model
ordinance and policies. In addition to meeting these requirements,
consistent ordinance provisions . would facilitate regional
administration of TDM programs. Ordinance 89-32 for the Pleasant
Hill BART Station Area will also be amended and submitted to the
Board following review by the Pleasant Hill BART Station Area TSM
Advisory Committee.
Guaranteed Ride Home (GRH) programs increase participation in
employee ridesharing by alleviating anxieties about getting home in
the event of an emergency. Reliable back-up transportation is
provided for such contingencies. This board order authorizes the
Community Development Director to develop the administrative
procedures for a GRH program.
The provision of free employee parking has been recognized as a
subsidy, an incentive for driving alone to work and a disincentive
-to ridesharing and transit use. This board order authorizes the
Community Development Director to conduct an evaluation of parking
charges for use of employee parking lots and to report back to the
Board by June 30, 1992 .
Attachments:
Exhibit A: TDM Work Program, Fiscal Year 1991-92
Exhibit B: Traffic Resolution concerning County Employee Carpool
Parking
Exhibit C: Draft Administrative Procedures, County EmploYee Commute
Pool Program
Exhibit D: Survey on Flexible Work Schedules
Exhibit E: Revised TDM Ordinance
EXHIBIT A
TDM WORK PROGRAM, FISCAL YEAR 1991-92
The following tasks will be performed by the Community Department
during 1991-92 in order to strengthen the County Employee TDM
program .and meet the TDM requirements of Measure C, the Congestion
Management Program, and the Bay Area Clean Air Plan:
1.0 COUNTY TDM ORDINANCE
*1. 1 Amend Ordinance 87-95 to improve administration and to
achieve consistency with CCTA TDM policy requirements.
1.2 Cooperate with four CCTA regional transportation planning
committees in efforts to regionalize' administration of
TDM programs.
2.0 PLEASANT HILL BART STATION AREA TDM PROGRAM
2 . 1 Amend Pleasant Hill BART Station Area TSM Ordinance
(Ordinance 98-32) to make it compatible with the Contra
Costa Transportation Authority's TDM policies.
2 .2 Continue to administer agreement with Contra Costa Centre
Association for management of TDM program and staff
Pleasant Hill BART TDM Advisory Committee.
2 . 3 Work with TRAN,SPAC on process for eventual regional
administration of Station Area TDM program.
3.0 COUNTY EMPLOYEE TDM PROGRAM
3 . 1 DATA COLLECTION
3 . 1. 1 Compile an inventory of County employment
locations, including departments, number of
employees, etc.
3 . 1.2 Prepare map of work sites.
3.1.3 Conduct employee survey.
3 .2 TDM INFORMATION PROGRAM
3 .2 . 1 Designate onsite TDM liaison at each major
County employment site and provide training.
3 .2 .2 Develop TDM information dissemination program.
3 .2 . 3 Prepare brochure of available employee TDM
services. '
3 .2 .4 Provide TDM information during orientation of
new employees.
* accomplished by. this Board order
3 . 3 EMPLOYEE INCENTIVES
3 . 3 . 1 Establish Guaranteed Ride Home (GRH) program.
*3 . 3 . 2 Authorize flexible. work schedule for all
County departments.
3 . 3 . 3 Evaluate and implement, monetary and . gift
incentives.
3 .'3 .4 Evaluate need for additional bicycle parking
facilities and showers at County work, sites.
3 .4 PARKING MANAGEMENT PROGRAM
*3 .4. 1 Revise County employee carpool parking lot
regulations.
3 .4.2 Evaluate ability to provide preferred parking
spaces for carpoolers at other county
facilities.
*3 .4. 3 Restripe Pine-Escobar parking lot to designate
specific spaces for carpoolers..
3 .4.4 Evaluate feasibility of parking charges.
3 .5 COUNTY EMPLOYEE COMMUTE POOL PROGRAM
*3.5. 1 Adopt and implement administrative procedures.
3 .5.2 Initiate vanpool program.
3 .5.3 Conduct employee orientation meetings.
3 . 6 TELECOMMUTING POLICY
(The Board gave conceptual approval to the development of
a telecommuting policy on November 19; The following
tasks are required to implement that action. )
3 . 6. 1 Organize and staff County Telecommuting
Committee.
3 . 6.2 Develop program .guidelines.
3 . 6. 3 . Implement pilot program.
3 . 6.4 Identify and . set up satellite office
facilities.
accomplished by this Board order
BV/BO/tsmwkprm
"EXHIBIT B"
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter of Declaring Portions of ) TRAFFIC RESOLUTION NO: 911
the County-Owned Parking Lot, )
Northeast Corner of Pine and Escobar )
Streets, Martinez, as Permit Parking )
for Car/Van Pool Vehicles In Designated )
Areas. )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
WHEREAS, in order to protect the health, safety, and welfare of the people, it is the
policy of the Board of Supervisors of Contra Costa County to preserve our natural resources,
maintain a high air quality standard, and decrease traffic congestion on the streets and
highways within this County. To further this policy, the Board desires to encourage County
employees commuting to and from County.work locations to form car pools;
WHEREAS, TSM Ordinance 87-95 and 98-32 support measures to reduce Peak Hour
Traffic Congestion; energy consumption, and noise levels and emissions;
WHEREAS, Measure C (1988), Proposition 111 (1990), and the adoption of the Bay
Area Clean Air Plan (1991) have underscored the necessity of effective TDM programs to
reduce single-occupancy vehicle trips and increase transit use;
WHEREAS, specifically designating, as needed, portions`of the parking lot for reserved
car/van pool parking spaces during County business hours would encourage the formation of
future car/van pools;
WHEREAS, Sections 21113, 22519, 22651, and 22658 of the California Vehicle Code
empower the Contra Costa County Board of Supervisors to reserve parking spaces for vehicles
with permits; and
WHEREAS,The Clerk of the Board and the Director of Community Development, at their
principal offices, are directed to maintain for inspection by all interested persons, the written
statement proposed by the Director of Community Development, of all special conditions,
resolutions, and regulation adopted pursuant to Section 21113 of the California Vehicle Code,
summarized as the following:
Traffic Resolution No. adopted by the Board of Supervisors on
December 17, 1991.
UMMARY: Traffic Resolution No. specifically designates, as needed, portions
of the County-owned parking lot, located on the northeast corner of Pine Street and Escobar
Street, for reserved car/van pool parking spaces during County business hours. No vehicle,
as defined in California Vehicle Code Section 670, shall be permitted to park in designated
czar/van pool spaces in said lot without at least one valid parking permit of the commuters
using the vehicle, visually displayed on the vehicle's dashboard. Permits shall be issued by
the Director of Community Development or his designee only1to members of car/van pools
registered with the Community Development Department.
WHEREAS, this Traffic Resolution supersedes Traffic Resolution No. 3179, dated
March 24, 1987.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA, that, during County.Business hours, designated
parking spaces, representing portions of the County-owned parking lot, located at Pine Street
and Escobar Streets,.be reserved and administered for registered car/van pools in accordance
with the rules and procedures accompanying this Resolution. All remaining available parking
spaces are for general use.
The Director of Community Development is directed:
1. To post in conspicuous places in said parking lot, appropriate sign notices of all special
conditions imposed-pursuant to this resolution;
2. To administer the issuance of permits in accordance with the rules and procedures
accompanying this resolution;
Traffic Resolution No. 3179, dated March 24, 1987, is HEREBY SUPERSEDED.
PASSED on this day, December 17, 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I hereby certify that the foregoing is a true and correct copy of an order entered on the
minutes of the Board of Supervisors of the date aforesaid.
Witness my hand and Seal of the
Board of Supervisors affixed
on this 17th day of December,
1991 .
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
By:
Deputy Clerk
Orig. Dept.: Community. Development - Transportation
cc: Public Wors - Traffic Division
Public Works - Buildings and Grounds
County Administrator
County Counsel
Sheriff Coroner
TRAFFIC RESOLUTION NO. 9.1/
DP:ml
C:traff.res
RULES AND PROCEDURES ACCOMPANYING
TRAFFIC RESOLUTION NO.
December 17, 1991
1.. For the purpose of these rules, "car/van pool" means a group
of two or more persons who regularly commute to work in the
same vehicle.
2 . A permit to park 'shall be issued by the Director of Community
Development (DCD, or his designee, only to car/van pool
members who are registered with the Community Development
Department.
3. One permit shall be issued to each valid car/van pool.
4. When a vehicle is parked in a designated permit-only parking
area, a permit of the persons who have been registered by the
DCD or his designee as members of the car/van pool must be
displayed on the dashboard. The permit must be displayed in
a manner such that the permit member(s) , names, and work phone
numbers of the holders and the expiration date(s) are clearly
visible and legible from the outside of the vehicle.
5. A vehicle may be parked in designated permit-only parking lot
areas only- if at least two members of the car/van pool have
actually shared a ride during the commute trip in the vehicle
and their permit is displayed on the dashboard of the vehicle
in the manner described in rule 4. If any member of the
car/van pool is absent from work for any reason (vacation,
illness, etc. ) , the other members may use the permit-only
parking lot area only if there are at least two members using
the vehicle.
6. Each permit shall be valid for a period for six months from
the date of issuance. Permit holders must renew their permits
before the expiration date for continued use of the permit-
only parking lot.
7. Issuance of a parking permit by the DCD or his designee does
guarantee that "a parking space in the permit-only parking lot
area will be available to every permit holder, as long as
rules 4 and 5 are adhered.
�3. Changes of participants in the car/van pool from those listed
on the application shall be reported immediately in writing to
the DCD. or his designee.
9. Violation of any of these rules after one warning shall be
just cause for the DCD or his designee to revoke the permit.
The holder of the permit shall immediately surrender the
permit to the DCD or his designee upon receipt of a "Notice of
Revocation. " The violator(s) shall not be eligible for
issuance of a new permit for a period of at least six months.
10. Rules 4 and 5 shall be enforced between 6: 30 a.m. and 6:00
p.m. , Monday through Friday. Any empty spaces in a designated
permit-only .parking lot will not be available for general use,
only parking spaces not designated for car/van pools will be
available for public use.
11. The provisions of rule 9 shall not limit other remedies
available to the County. , In particular,. violators of rule 4
or 5 shall be subject to citation and removal of their
vehicles in accordance with law.
m-Vans/ml/trafrule
Exhibit "C"
Administrative Regulations for the
Employee Commute Pool Program
Adopted by Board of Supervisors
on
The County will use the following regulations to administer the
County Employee Commute Pool Program. The Director of Community
Development or his/her designee is the Program Manager and will act
as agent for the County in administering these regulations.
I. Conditions of County Vehicle Use
II. Effective Dates of Commute Pool
III. Pool Group Responsibilities
IV. Pool Rider Responsibilities
V. Pool Coordinator Responsibilities
VI. Alternate Driver Responsibilities
VII. Terminations of Pools
I. Conditions of County Vehicle Use
A. Operation of the County vehicle is permitted only by the
Pool Coordinator and approved Alternate Driver(s) ;
B. The County vehicle shall not be used for personal use;
C. The vehicle shall not be used to carry passengers or
freight for hire, for ridesharing or any purpose
involving pay for transportation, other than the specific
purpose of the County Employee Commute Pool Program;
D. The vehicle shall not be used for County business during
the commute;
E. Gas and maintenance costs paid by the Pool Coordinator
will not be reimbursed by the County.
F. County vehicle commute pool participants are not
considered County employees for Workers' Compensation
purposes while commuting.
1
II. Effective Date of Commute Pool
The County in-conjunction with prospective Pool-Groups, having
two or-more participants, will determine the effective date of
individual Commute Pool activation. When the effective date
is determined the County shall supply the Pool Coordinator
with a 4-passenger sedan or with a 12 or 15 passenger van in
good operational condition. The active status will continue
until terminated as provided herein.
III. Pool Group Responsibilities
A. The initial responsibility of prospective carpool/vanpool
participants is the formation of the Pool Group. Once
the Pool Group has formed and requested the use of a
County vehicle for commute purposes, each participant
shall enter into an agreement with the County to
acknowledge the regulations governing the Program.
B. Each Pool Group participant shall:
1. Designate a Pool Coordinator and Alternate Driver.
2 . Certify that one-way commute journey will not
exceed predetermined mileage in order to establish
a monthly fee for use of a County vehicle for
commute purposes;
3 . Pay monthly fees via. automatic payroll deduction;
and
4. Agree by a majority vote to accept new Pool
participants into an existing Pool Group;
IV. Pool Rider Responsibilities
A. Meet at the specified pickup point according to the
schedule provided by the Pool Coordinator; and
B. Use seat belts as prescribed by the State Administrative
Manual, Section 4141 and the California Vehicle Code.
V. Pool Coordinator Responsibilities
The Pool Coordinator shall:
A. Be the primary driver of the assigned County vehicle
during the term of this agreement;
B. Maintain a valid California Driver's License for the type
of vehicle being operated and have driver authorization
card on file with the Department of General Services,
Fleet Management Division;
2
C. Drive the vehicle to and from a specified County facility
and pickup the Pool Riders on normal workdays. The Pool
Coordinator in consultation with the Pool Riders will
determine the pick-up/drop-off arrangement of Pool
Riders;
D. Deliver the vehicle to the Fleet Management Division of
the Department ' of General Services for any required
maintenance of the assigned County vehicle and notify
Fleet Management personnel by the next work day of any
vandalism repair, or maintenance needs;
E. Call the County approved emergency service in case of
vehicle breakdown or emergency. Pool Coordinators must
not commit to having any service or maintenance work done
on County vehicles without approval from Fleet Management
Division of the General Services Department;
F. Complete the daily inspection checklist of assigned
County vehicle equipment and deliver it to the Fleet
.Management Division each working day;
G. Coordinate with Alternate Driver(s) to ensure daily
operation of the pool;
H. Provide suitable overnight and weekend off-street parking
for the vehicle and keep it locked when parked. These
procedures authorize operators to park vehicles at home
in lieu of a Home Storage Permit;
I. Maintain a record of the vehicle's operation on the forms
provided by the Fleet Management Division;
J. Report as soon as possible, but not later than the next
work day, any accident involving bodily injury, or
property damage. Such reporting is to be in accordance
with the procedures outlined in the "Vehicle Accident
Reports" instruction package which is to be kept in the
glove compartment of the vehicle at all times. The
Project Manager shall be notified by the Pool Coordinator
of any accident involving damage to the vehicle or bodily
injury;
1. Report any injuries of a Pool Driver or Rider.
This includes cases such as persons injured while
riding inside the vehicle or injuring themselves
while entering or exiting the vehicles.
2 . Complete and submit all necessary Accident Report
forms, provided by the County, in the event that an
accident occurs;
3
K. Check vehicles in and out each day by correctly
completing the Vehicle Log maintained by the Fleet
Management Division;
L. Retrieve and return vehicle as .prescribed by Fleet
Management Personnel;
M. Drive the vehicle only on paved public streets and
highways and other normal access roads and driveways.
The Pool Coordinator shall not drive the vehicle off
normal roads or in any other manner that would expose the
vehicle to unsafe driving conditions or excessive wear
and tear;
N. Report any traffic citations received to the Project
Manager. Traffic citations are the responsibility of the
, Pool Coordinator or his/her Alternate Driver while
driving the vehicle; and
O. Report any changes of composition of the Pool Group to
the Project Manager by the 15th day of the month before
the effective month of change.
VI. Alternate Driver Responsibilities
A. Meet the obligations of Pool Coordinator under Section V
at the request of the Pool Coordinator due to vacation,
sickness, or other County business; and
B. Meet the obligations of Pool Riders specified under
Section IV when Section VI.A is not in effect.
VII. Commute Pool Terminations
Either the County or Pool Group participants may terminate the
Commute Pool, or revise the composition of the Pool Group as
provided in the following:
A. County Termination
1. The County reserves the ability to terminate
agreements with specific Pool Group or individual
Pool Group membership when:
a) Pool Group membership falls- below 2 members;
or
b) collectively or individually Pool Group
members cease to recognize program policies
and procedures.
2 . The County may terminate an agreement with any Pool
Group or Pool Group member with a written notice by
15th day of the month prior to termination month.
4
B. Pool Group Participant Terminations
The Pool Coordinator, Alternate Driver, or Pool Riders
may terminate his/her membership with a written notice to
the Project Manager by the 15th day of the month prior to
the termination change.
m-trans/p001rule.1
5
EXHIBIT D
SURVEY ON FLEXIBLE WORK SCHEDULES
Introduction
A survey was made in December 1991 of administrative officers in
those departments known to have implemented flexible work
schedules for their employees. These include Community
Development, Public Works, Health Services, and 'General Services.
The survey inquired about the types of flexible work schedules
offered (flextime, staggered hours, 4-40 , 9-80 , and other) ; any
limitations on the availability of these schedules; the number
and percentage of employees participating; the effect of the
program on morale and productivity; examples of benefits to the
employee and the department; and whether the program has been a
problem with any classes of employees.
Survey Results
The survey results indicated the following:
-between 58% and 97.0 of departmental employees worked
flexible work schedules;
-employees and departments reported positive results in
terms of improvement to morale, reduced absenteeism,
reduced child care costs, reduced commute costs, ability to
schedule medical and school appointments, and reductions in
peak hour traffic and parking requirements.
Concerns with flexible schedules include the following:
-ensuring coverage from certain units;
-providing an adequate level of service to the public;
-scheduling problems when both flextime and 9/80 are
offered;
The survey indicated a high level of satisfaction with flexible
work schedules by both employees and managers. This - is evidenced
by the high rate of participation. The concerns centered around
scheduling problems, which for the most part are manageable.
Each department should prepare administrative procedures to
address its own unique conditions.
EXHIBIT E
ORDINANCE
COUNTY OF CONTRA COSTA
TRANSPORTATION DEMAND 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 in the future;
B. Recent growth and increased development and redevelopment within the County will lead
to increased traffic coming to and from, and within the County;
C. Transportation Demand Management ("TDM")programs have been shown to be capable
of reducing.vehicle trips and increasing vehicle occupancy rates and can be simple,
effective and reduce the need for 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 TDM 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 TDM ordinance is one component of implementing a comprehensive
approach to TDM that should be supported by complementary land use policies,
residential TDM strategies, and transportation and transit improvements;
G. Adoption of this TDM 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; and
H. Participation of employee organizations is critical to the successful implementation of the
TDM 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 TDM 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; and
5. To contribute, as one component of a broader air pollution reduction strategy, to
achieving the regional air quality goals as established by the Bay Area Air Quality
Management District.
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 TDM measures.
C. Objectives. A good faith effort, as described in Paragraph D, shall be made by all
projects, employees and complexes with 100 employees or more to achieve an AVR of
1.30 by 1997 in accordance with the following schedule:
Reporting AVR
Year Target
1993 1.15
1994 1.20
1995 1.25
1997 1.30.
D. Good Faith Effort. The County TDM Coordinator may require a revised TDM Program
if an employer or complex sponsor subject to the TDM Program 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 TDM Coordinator may invoke such a
requirement by disapproving the existing TDM Program and requiring that a revised
TDM program be prepared and submitted for approval within sixty (60) days of
December 11, 1991
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 in the ordinance 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. "Average Vehicle Ridership" (AVR) shall mean the number of persons reporting to the
work site between 7:00 AM and 9:00 AM, including those participating in a
telecommuting program, divided by the number of passenger vehicles, excluding buses
and bicycles, arriving during the same time period.
C. "Building Permit" means a permit to erect or construct any structure or building or
portion thereof.
D. "Carpool" means a motor vehicle occupied by two (2)or more individuals (the driver and
at least one passenger) traveling together for commute purposes.
E. "Commute" means a home-to-work or work-to-home trip.
F. "County TDM Coordinator: means a representative designated by the County to
implement the TDM program for County employees, review employer TDM Programs,
review compliance with this ordinance, oversee the development and distribution of TDM
information and carry out other requirements of this ordinance.
G. "County TDM Program" means any combination of activities, programs and actions
selected by the County and implemented by the County TDM Coordinator, that are
designed to encourage the use of telecommuting, public transit, vanpools and carpools
by County employees and to assist employers and complexes in implementing workplace
and complex TDM programs.
H. "Complex" means either:
1. Any business park or other non-retail, non-residential project in separate or
common ownership, which can be identified by two or more of the following
characteristics:
3. December 11, 1991
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 with
a total of 100 or more employees, which is not included within the definition of
complex defined above.
I. "Complex TDM Coordinator" means a representative of a complex sponsor designated
to implement a TDM Program and to carry out any other requirements of this ordinance
at the complex.
J. "Employee" means any person hired by an employer, excluding independent contractors
and part-time, temporary, and seasonal employees.
K. "Employer" means any public or private employer, including the County, with a
permanent place of business in the unincorporated area of Contra Costa County that
employs 100 or more full-time permanent employees. "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.
L. "Peak Periods" means the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
Monday through Friday.
M. "Project" means any non-residential, non-retail 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-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. Programs
such as Redevelopment shall not be defined as projects under this ordinance. However,
individual projects within a redevelopment area shall be included within the definition.
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.
4. December 11, 1991
P. "Ridesharirig" 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. "Sponsor" means the owner(s) or developer(s) of a project or complex.
R. "Telecommuting" means working at home or at a location other than the customary place
of work using telecommunications technology in order to eliminate commute trips.
S. "Transportation Demand Management" ("TDM") means a program to reduce the demand
for transportation during peak periods by regulatory or incentive techniques.
T. "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.
U. "Van Pool" means a van occupied by five (5) or more individuals traveling together for
commute purposes.
V. "Workplace" means the permanent or predominant place of employment of an employee.
W. "Workplace TDM Coordinator" means a person, who could be a company employee,
designated to implement a TDM Program and to carry out any other requirements of this
ordinance at the workplace on behalf of the employer or complex sponsor.
X. "Workplace TDM Program" means any combination.of activities, programs and actions
at the workplace or complex, selected by the employer and implemented by the
Workplace or Complex Coordinator, that are designed to encourage the use of
telecommuting, public transit, vanpools and carpools as an alternative to the single
occupant vehicle.
SECTION IV. COUNTY TDM COORDINATOR
The Director of the Community Development Department or his/her designee, which.may
include another public agency, is the County TDM Coordinator and has the powers necessary
to:
A. Administer the TDM Program for all employees of the County;
B. Develop rules, regulations, procedures, and forms for the submittal of Transportation
Surveys, Annual Reports, and TDM Programs;
5. December 11, 1991
C. Review and approve all TDM Programs;
D. Serve as staff to the TDM Implementing Body;
E. Submit, on an annual basis, a summary report to the Board of Supervisors and the
County TDM 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 IX;
G. Recommend changes to this ordinance as may be necessary to meet its goal, purposes,
and objectives; and
H. Oversee the development and implementation of a TDM Information Program.
SECTION V. TDM IMPLEMENTING BODY
The County may form, independently or in conjunction with other jurisdictions, a TDM
Implementing Body.
A. Composition. The members of the TDM Implementing Body shall be appointed or
designated by the Board of Supervisors and may include elected officials, representatives
of business, the development industry, transit service providers, and local residents.
B. Term of Office. The term of office for the TDM Implementing Body shall be two years,
except that a member's term shall not expire until the appointment and qualification of
a successor. A member may be reappointed for consecutive terms.
C. Functions. The TDM Implementing Body shall have, but not be limited to, the following
functions:
1. Make recommendations on all appeals from decisions of the TDM Coordinator
on TDM Programs:
2. Advise the Board of Supervisors and the TDM Coordinator on any TDM 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.
6. 1 December 11, 1991
4. Recommend to the Board of Supervisors boundaries and representation for 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 TDM ordinances.
SECTION VI. EMPLOYER TDM REQUIREMENTS
A. Application. All projects or complexes with 100 or more employees, approved after the
effective date of this ordinance, shall prepare, implement and submit a TDM Program.
Reference to, and mandatory participation in, the requirements of this ordinance as they
apply to the project or complexes, shall be made in (a) the recorded conditions,
covenants, and restrictions, if any; (b) in every lease agreement entered into subsequent
to the effective date of this ordinance. Individual employers in complexes with an
approved TDM Program shall not be required to submit a separate TDM Program
provided that they participate in the complex TDM Program. All employers of 20 or
more employees and all employers in complexes of 20 or more employees shall comply
with the Transportation Survey and TDM Information Program requirements described
in Subsection H. of this Section.
Pleasant Hill BART Station Area. All employers, complex sponsors, and project
sponsors subject to the Pleasant Hill BART Station Area TDM Ordinance (County
Ordinance No. 86-51), shall be exempt from the requirements of this ordinance.'
B. Workplace or Complex TDM Coordinator. Each project, employer and complex shall
independently, or in cooperation with other projects, employees or complexes, designate
a TDM Coordinator with the responsibilities for:
1. Implementing and administering the workplace or complex TDM Program;
2. Preparing and submitting baseline and annual transportation surveys and reports
to the County;
3. Acting as liaison with the County TDM Coordinator;
4. Coordinating TDM efforts of individual employers within the project or complex.
C. Content. The TDM Program shall 'include the following components:
1. TDM Information Program. The TDM Information Program shall incorporate
posting and disseminating materials describing public transit, ridesharing, and
non-motorized commuting opportunities available to employees.
Informational materials shall be furnished by the County TDM Coordinator and
the employer. Updated information relating to public transit, ridesharing,
7. December 11, 1991
telecommuting 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. TDM Measures. The TDM Program should include strategies designed to
encourage the use of transit, vanpools, carpools, bicycling, walking, and
telecommuting.
3. Coordination. For complexes with multiple employers, the TDM program must
outline a process for monitoring and assisting . in .the development and
implementation of TDM Programs of employers within the complex.
D. Submittal. A draft TDM Program shall be submitted to the County TDM Coordinator
ninety (90) days after the employer or sponsor becomes subject to the ordinance. The
TDM Program will be reviewed by the County TDM Coordinator pursuant to the
procedures in Section VII.
E. Annual Reports. Every employer and complex sponsor required to have a TDM
Program shall submit an Annual Report to the County TDM 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
TDM Coordinator to evaluate the extent and results of the TDM measures
employed: The Annual Report shall contain information as required by the
County TDM Coordinator, which will include:
a. A description of the measures taken to comply with this ordinance;
b.. Changes, if any, proposed to the TDM Program for the ensuing year;
C. The results of the most recent annual survey required pursuant to
Subsection F 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
L The number of off-street parking spaces available to non-employees.
F. Annual Transportation Surveys. Every employer in a project or complex of 100 or more
employees shall submit to the County TDM Coordinator, as part of the required Annual
8. December 11, 1991
Report, such survey information as required by the County TDM Coordinator to
determine applicability of TDM requirements and to establish employee commute
patterns. Such survey information shall include, but not be limited to:
1. The number of employees at the workplace;
2. The city and zip code of each employee's residence;
3. The scheduled time at which employees arrive in the workplace; and
4. The method of commuting for each employee which shall be based on a survey
of employees.
G. Off-Street ParkingReductions for Sponsors' of Projects. Sponsors of projects may
qualify for off-street parking reductions. Such sponsors requesting parking reductions
shall submit a conceptual TDM 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 TDM Program.
1. Conceptual TDM Program. The project sponsor or tenant shall identify TDM
measures that will demonstrate attainment of the claimed trip reduction. The
County TDM Coordinator shall review the project's conceptual TDM Program
and make a recommendation to the Planning.Commission.
2. Final TDM Programa The design and implementation of a final TDM Program
shall be a condition of project approval. Mandatory participation in the final
TDM Program shall be recorded in the conditions, covenants, and restrictions
governing the project. The TDM Program shall be reviewed and approved by the
County TDM Coordinator as being consistent with the requirements of this
ordinance before any building permit is issued. A project's TDM Program must
be implemented at the time of initial occupancy.
H. Employers of Twenty (20) or More Employees and All Employers in Complexes
Occupied by Twenty (20) or More Employees .
1. Annual Transportation Survey. 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. TDM Coordinator, an
Annual Transportation Survey, consisting of such survey information as is
required by the County TDM Coordinator to determine the applicability of TDM
requirements and to identify employee commute patterns.
a. Submittal. A Transportation Survey shall be submitted to the County
TDM Coordinator within sixty (60) days after the employer becomes
9. December 11, 1991
subject to the ordinance, and annually thereafter by June 30 using a
facsimile of the form contained in the Appendix of this ordinance.
b. Content. Transportation Survey information shall include:
1). The number of employees at the workplace;
2) The city and zip code of each employee's residence;
3) The scheduled time at which each employee arrives and leaves the
work place; and
4) The method of commuting for each employee which shall be based
on a survey of all employees.
2. TDM Information Program. Every employer with twenty (20) or more employee
and all employers located in complexes occupied by twenty (20) or more
employees shall implement TDM Information Program consisting of incorporating
posting and disseminating materials that describe public transit, ridesharing, and
non-motorized commuting opportunities available to employees.
a. Dissemination. Information material shall be furnished by the County
TDM 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.
b. Submittal. Every such employer shall submit a description of the TDM
Information Program to the County TDM Coordinator and implement the
TDM Information Program with two (2) months after the employer
becomes subject to the ordinance.
I. Sponsors of Residential Complexes -TDM Information Program. Sponsors of complexes
that include residential uses shall prepare and implement a TDM Information Program
for-owners of renters of dwelling units within the complex. A description of the TDM
Information Program shall be submitted to the County TDM 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.
10. December 11, 1991
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. EVALUATION OF TDM PROGRAMS
A. Review of TDM Programs, Appeal. TDM Programs shall be reviewed and.evaluated
according to the procedures set forth in this subsection. _
1. County TDM Coordinator. The County TDM Coordinator shall review and
approve, conditionally approve, or disapprove a TDM Program within thirty (30)
days of receipt. If such action is not taken within the thirty (30) day time period,
the TDM Program is deemed approved.
2. Appeal. If the County TDM Coordinator disapproves or conditionally approves
a TDM Program, the employer complex sponsor or project sponsor may, within
thirty (30) days of such decision, appeal the County TDM Coordinator's decision
to the TDM Implementing Body stating the grounds for appeal.
The TDM Implementing Body 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 TDM Program being appealed and
what further components, TDM measures, or conditions are recommended. If an
opinion is not rendered within the sixty (60) day time period, the TDM Program
is to be recommended for approval.
3. Board of Supervisors. Within thirty (30) days of receipt of the advisory opinion
of the TDM Implementing Body, the Board of Supervisors may approve,
conditionally approve, or disapprove a TDM Program. Failure to act within the
thirty (30) day time period.will result in the automatic approval of the TDM
Program.
B. Revised Program Upon Disapproval. Within thirty (30) days of disapproval of a TDM
Program by the Board of Supervisors or the County TDM Coordinator, if such decision
has not been appealed, an employer, complex sponsor, or project sponsor shall submit
a revised TDM Program to the County TDM Coordinator.
C. Amendment. An amendment to an approved TDM Program may be approved at any
time by the County TDM Coordinator.
D. Limitations. Nothing in this ordinance may be construed to require an existing employer
11. December 11, 1991
or complex sponsor to utilize TDM 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. COUNTY EMPLOYEE TDM PROGRAM
A. The County shall provide the following TDM Program:
1. TDM Coordinator. The County shall designate a staff member to serve as the
TDM Coordinator.
2. TDM Information Program. The County, in cooperation with the public transit
and ridesharing agencies, shall implement a TDM Information Program. This
program shall provide literature to residents, employers, and schools on RIDES
and other ridematching agencies, transit schedules, bicycle facilities and locations
of nearby Park and Ride lots. The TDM Coordinator shall be responsible for
administering the TDM Information Program.
3. TDM Program. The TDM Coordinator shall be responsible for advising the
County in the selection and implementation of a TDM Program for County
employees. The program may include any TDM measures that can be expected
to help meet the objectives of this Ordinance. The, program shall include
quantifiable objectives and a timetable for achieving them.
4. Development Review Standards. The County shall amend its subdivision and
development review ordinance to require design features that facilitate pedestrian
access, ridesharing and transit usage. These can include bus turnouts and
shelters, preferential location of carpool and vanpool parking and effective
pedestrian and bicycle access features.
5. School Trip Reductions. The County shall work with local school officials to,
develop programs to reduce the use of the private automobile by students and
teachers. The program could include parking restrictions, improved bus service
or other measures to reduce automobile trips.
SECTION IX. ENFORCEMENT
A. Failure to Provide Surveys, Annual Reports, TDM Information Programs. or TDM
Programs. Any employer or complex sponsor who fails to provide to the County TDM
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
TDM Coordinator any TDM Information Program or TDM Program required by this
ordinance after thirty (30) days' notice to remedy the failure, is guilty of an infraction.
12. December 11, 1991
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 - Continuina. 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 TDM Programa An employer, or complex sponsor who fails to
implement a term or condition of their approved TDM Program shall have thirty (30)
days, after notice of such failure, to correct the failure, or satisfactorily explain to the
County TDM Advisory Committee why compliance is not possible or that substantial
progress is being made to meet the objectives of this ordinance. If the employer or
complex sponsor is not excused from compliance by the County TDM Advisory
Committee, then the County TDM 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 a civil action authorized by the Board of Supervisors, directly
against the act, omission or condition, or for damages thereof.
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 TDM Program.
13. December 11, 1991
SECTION X. 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:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Clerk Chair, Board of Supervisors
tp/ml/tsm87-95.cln
14. December 11, 1991