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HomeMy WebLinkAboutORDINANCES - 10271987 - 87-95 %y 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 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 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 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 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 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. 13 87-95 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 By -� Depu y 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