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HomeMy WebLinkAboutOrd 1101-1991ORDINANCE NO. 1101-91 AN ORDINANCE ADDING CHAPTER 18.04 ENTITLED "TRANSPORTATION SYSTEM MANAGEMENT" ("TSM") PROGRAM TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.04 is hereby added to the South San Francisco Municipal Code to read as follows: "18.04.010 Findings (a) There has been a significant increase in traffic in the Bay Area region and in South San Francisco, and this trend is anticipated to continue in the future. (b) Recent and future development and redevelopment within the city and in the surrounding area will lead to increased traffic in the area, especially in the Bayside Corridor in which the city is located. (c) Transportation System Management (TSM) programs have been shown to be capable of reducing vehicle trips and increasing vehicle occupancy rates, and can be effective in reducing the need for costly major road improvements. (d) Decreasing the number of vehicular miles and trips, especially on the regional road network, 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 will contribute to making the city 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 nearby cities and other local agencies with transportation roles and participation in a joint powers agency with some or all of these agencies will assist the city in meeting the goals and objectives of this chapter. (f) Adoption of this chapter is one component of implementing a comprehensive approach to reducing traffic problems that should be supported by complimentary land use policies and transportation and transit improvements. (g) Adoption of this chapter will promote public health, safety, economic vitality, mitigate the effects of traffic congestion including associated noise and air quality impacts on the environment, and is in furtherance of the general welfare, both within the city and region, and is consistent with the General Plan. (h) Participation of private and public employers, sponsors, employer organizations, and employee organizations is critical to the successful implementation of this chapter. (i) The mandatory aspects of this chapter are designed to require employers and sponsors to take action to encourage their employees and tenants to participate in TSM program activities. In adopting this chapter, it is the intention of the city council that employers and sponsors who act diligently and in good faith to comply with its provisions shall not be penalized for lack of participation of employees or tenants in commute alternatives, and shall not be held accountable for the achievement of a participation rate of employees or tenants. (j) This chapter will implement provisions of the "Joint Powers Agreement Establishing the Multi-City Transportation System Management (TSM) Agency", of which this city is a member. 18.04.020 Goals and Objectives (a) Goals. The goals of this chapter are to: (1) Assure that all existing and future employers and sponsors in mitigating traffic problems by implementing TSM measures. (2) Encourage coordination and consistency between public agencies and the private sector in planning and implementing transportation programs. (3) Increase public awareness and encourage added public use of alternatives to commuting in single occupant vehicles. (4) Reduce traffic impacts within the city and the region by reducing the number of automobile trips, daily parking demand, and total vehicle miles per person travelled that would otherwise be generated by commuting. (b) Objective. The objective of this chapter is to achieve within four years a minimum TSM objective of twenty-five percent employee participation rate in alternatives to single occupant vehicle commuting during peak traffic hours. 18.04.030 Definitions (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: compressed work weeks; staggered work hours involving a shift in the set work hours of employees at the work place; and flexible hours involving individually determined work hours within guidelines established by the employer. (b) "Car Pool" shall mean a motor vehicle occupied by two or more employees commuting together. (c) "Commute" shall mean a home-to-work or work-to-home trip. (d) "Complex" shall mean either: 2 (1) Any non-residential use or development which is operated as a unit, whether in common or separate ownership. A "complex" may have more than one but not necessarily all of the following characteristics: (i) It is known by a common name: (ii) It is governed by a common set of covenants, conditions, and restrictions; (iii) It was approved, or is to be approved, as an entity by the city; (iv) It is covered by a single subdivision or parcel map. (v) It is operated by a single management; (vi) It shares common parking. (2) Any multi-tenant, non-residential building or group of buildings under common ownership, which is not included within subsection (d)(1). (e) "Employee" shall mean any person hired by an employer for work at the work place, including part-time and seasonal persons working twenty hours or more weekly, but excluding independent contractors. Partners, joint venturers, and the like shall be considered as employees for the purpose of calculating the number of employees. (f) "Employer" shall mean any public or private employer, including the city, who has a permanent place of business in the city. "Employer" shall not include contractors with no permanent place of business in the city and other businesses with no permanent work place location. (g) "Joint Powers Agency" shall mean that agency created under the "Joint Powers Agreement Establishing the Multi-City Transportation System Management (TSM) Agency". (h) Local Employment" shall mean the employment of an individual who resides within three road miles of their place of employment. (i) "Multi-City Agreement" shall mean the agreement approved by the city and one or more other cities to establish an organization and procedures for governing a joint TSM program. (j) "Peak Traffic Periods", "Peak Hour", and "Peak Periods" shall mean the periods of highest traffic volume and congestion which are from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. during work days. A peak period trip shall mean an employee commute trip to or from a work place when the employee's work day begins or ends within a peak period. (k) "Public Transit" shall mean publicly provided transportation, usually either by bus or rail. [ ii' (1) "Ridesharing" shall mean transportation of person in a motor vehicle for commute purposes where the driver is not employed for that purpose. The term includes arrangements known as carpools and vanpools. (m) "Single Occupant Vehicle" shall mean any passenger car, or a truck of less than three tons, occupied by one individual traveling to or from work for a distance greater than three road miles. (n) "Sponsor" shall mean the owner(s) or developer(s) or manager(s) of a commercial development project or complex. (o) "Transportation System Management" (TSM) shall mean a program to improve the movement of persons through better and more efficient use of the existing transportation system. (p) "TSM Administrator" shall mean the person employed by the joint powers agency to manage the program developed under this chapter. (q) "TSM Advisory and Appeals Committee" shall mean the group responsible for advising the city council, TSM board of directors, TSM supervisory committee and TSM administrator, with membership as defined by the multi-city agreement and responsibilities as defined in this chapter. (r) "TSM Board of Directors" shall mean the group responsible for policy direction of the TSM organization, which membership and responsibilities as defined in the multi-city agreement. (s) "TSM Supervisory Committee" shall mean the group of city managers or their designees responsible for general direction of the TSM administrator and program as set forth in the multi-city agreement. (t) "Vanpool" shall mean a van occupied by five or more employees traveling together during a commute. (u) "Work Place" shall mean the permanent place of employment or principal work location, including a complex, of an employee. (v) "Work Place TSM Coordinator" shall mean a person, who could be an employee or an employer or sponsor, designated to implement a TSM program and to carry out any other requirements of this chapter at a work place. 18.04.040 TSM Administrator The TSM administrator shall be employed by the joint powers agency and shall serve as staff in administering the TSM provisions of this chapter as provided in the multi-city agreement. Duties shall include, but are not limited to, assisting employers in carrying out TSM responsibilities, providing commute alternative assistance, reviewing and evaluating TSM programs, preparing summary reports, and developing incentives for employer participating in the TSM program. 4 [ TT 18.04.050 Advisory and Appeals Committee (a) The advisory and appeals committee, as established by the multi- city agreement, shall monitor the implementation of TSM measures, in accordance with the goals and objectives of this chapter, and serve as an advisory body to the joint powers agency. (b) Functions of the committee shall be to: (1) Hold hearings and make determinations on appeals by employers and sponsors from decisions of the TSM administrator on any TSM programs; (2) Advise the joint powers agency on any TSM matter brought to its attention by any person; (3) Recommend changes to this chapter as may be necessary to meet the goals and objectives established herein; and (4) Recommend the establishment and composition of any local area groups of employers and/or sponsors to aid compliance with TSM requirements. 18.04.060 Requirements (a) Application. Employers and sponsors shall comply with the requirements of this section at such times as, and in the manner prescribed and published from time to time by, the TSM board of directors. (b) Transportation Survey. Every employer shall submit periodically to the TSM administrator, on a date and frequency determined by the administrator, which survey information as shall be required by the administrator, to determine applicability of TSM requirements, to establish employee commute patterns, and to provide carpool and vanpool matching and other necessary information. Such survey information shall include, but not be limited to: (1) The number of employees at the work place; (2) The city and zip code of each employee's residence; (3) The roundtrip mileage of each employee from their place of residence to place of employment; (4) The scheduled time of which each employee arrives and leaves the work place; and (5) The method of commuting for each employee, including information on existing carpool and vanpool arrangements. (c) TSM Information Program. Each employer of twenty-five or more employees, and every complex of twenty-five or more employees, in addition to the requirements of subsection (b), shall in coordination with the TSM administrator, distribute to its employees on a regular basis, commute alternative information on ridesharing, transit, bicycling and other commute alternatives. [ TT~ (d) TSM Program. In addition to meeting the survey and information program requirements, every employer with one hundred or more employees and every sponsor of complexes with one hundred or more employees, shall prepare and submit a TSM program to the TSM administrator at a time and in a manner prescribed by regulations adopted and published by the TSM board of directors. The TSM program shall include the following components: (1) Designation of an individual as the work place TSM coordinator; and (2) Any combination of TSM strategies ("TSM measures") including, but not limited to, the use of alternative work hours scheduling, incentives for ridesharing (including carpooling and vanpooling), local employment, use of transit, and non-motorized transportation, which strategies are designed to decrease vehicle commute mileage and achieve the employee participation rate in alternatives to single occupant vehicle commuting during peak traffic periods of twenty five percent in four years. (e) Implementation. by the employer or sponsor. The approved TSM program shall be implemented (f) Reports. Every employer and complex sponsor required to have a TSM program shall submit to the TSM administrator a periodic report describing the actions taken to implement its TSM program, the results during the reporting period, and any changes to the TSM program planned for the ensuing years. (1) Submittal. Every employer and sponsor required to submit such reports shall submit the reports by the date and time and as prescribed by the TSM board of directors. (2) Contents. The reports shall contain sufficient information to allow the TSM administrator to evaluate the extent and results of the TSM program. The reports shall contain information as required by the TSM administrator, which may include, but not be limited to: (i) A description of the measures taken to comply with this chapter; (ii) A description of the marketing measures undertaken by the employer or sponsor to promote TSM; (iii) The results of the transportation survey required by subsection (b); and (iv) The cost to implement the requirements of this chapter for the reporting period. 18.04.070 Program Approvals and Appeals (a) Review by TSM Administrator. The TSM administrator shall review and approve, approve with conditions, or disapprove a TSM program from an employer or sponsor. If action is not taken with the thirty day period, the TSM program is deemed approved. Within thirty days after disapproval, or approval with conditions, of a TSM program by the administrator, if such decision has not been appealed, or upon a final adverse determination if such decision has been appealed, an employer or sponsor shall submit a new program to the TSM administrator. If recommendations are made by the TSM administrator or the final appeals body, the employer or sponsor shall incorporate such recommendations into its submittal. (b) Appeal to Advisory and Appeals Committee. If the TSM administrator disapproves or approves with conditions a TSM program, the employer or sponsor may, within fifteen days of such decision, appeal the TSM administrator's decision to the advisory and appeals committee. The appeal must be in writing and must state the grounds for the appeal. Within sixty days of the filing of an appeal, the advisory and appeals committee shall hear the appeal and render a determination. Failure to act within the sixty days will result in an automatic grant of the appeal. (c) Appeal to Board of Directors. Within fifteen aays of the receipt of the determination of the advisory and appeals committee, the appellant may file a written appeal with the board of directors, or any member of the board of directors may request a review of the determination by the board. The board, after hearing the appeal, or the requested review, may approve, approve with conditions, or disapprove the determination of the advisory and appeals committee. The board shall render a decision within sixty days of the filing of the appeal. Failure to act within the sixty days will result in an automatic grant of the appeal. (d) Amendments to TSM Program. Amendments to an approved TSM program or information program submitted by an employer or sponsor may be approved by the TSM administrator. (e) Tie Votes. If the vote of the board of directors is a tie, the recommendation of the advisory and appeals committee shall stand affirmed; provided, however, that if the recommendation of the advisory and appeals committee also was made by a tie vote, then the decision of the TSM administrator shall stand affirmed. 18.040.080 Fees (a) Impact Fees. To the extent that funding is not adequate, the TSM board of directors is authorized to determine and levy annual fees upon all public and private employers with twenty-five or more employees. The amount of the fee shall be calculated annually by the board and shall be presented for approval to each participating city. (b) Collection. The director of finance shall be responsible for collecting the fees levied against private employers and/or sponsors. The amounts shall be billed and collected with the annual business license fee or such other manner as deemed necessary and appropriate, and the total amount collected shall be transmitted with a collection report to the TSM board of directors or its designated agent. Public agencies shall be billed directly by the TSM board. 7 18.04.090 Enforcement An employer or sponsor who fails to comply with the provisions of this chapter shall, after thirty days written notice to remedy the failure, be guilty of an infraction. The fine for such infraction shall be an amount not exceeding one hundred dollars ($100) for the first infraction, an amount not exceeding two hundred dollars ($200) for the second infraction, and an amount not exceeding five hundred dollars ($500) for the third infraction. Each failure to supply data, reports, programs or implement the employer TSM program shall constitute a separate violation. 18.04.100 Limitations Nothing in this chapter or the multi-city agreement may be construed to require an employer or sponsor to: (1) breach a lease existing prior to the effective date of this chapter; (2) required structural modifications or additions to property, the nature of which would require the issuance of a building permit pertaining to existing structures; or (3) violate any planning approvals issued by a member of the joint powers agency." SECTION 2. PUBLICATION AND EFFECTIVE DATE This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular City of South San Francisco, held the meeting of the City Council of the 27th day of March , 1991. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the lOth day of April , 1991, by the following vote: AYES: CoUncilmembers Richard A. Haffey, Gus Nicolopulos, John R. Penna, Roberta Cerri Teglia, and Mayor Jack Drago NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this loth day of April , 1991. Mayor 9