Chapter 4.85


4.85.010    Findings.

4.85.020    Goals and objectives.

4.85.030    Definitions.

4.85.040    TSM administrator.

4.85.050    TSM advisory committee.

4.85.060    TSM requirements.

4.85.070    Fees.

4.85.080    Penalties.

4.85.010 Findings.

The council of the city finds and determines that:

A.    There has been a significant increase in traffic in this general region and in this city, 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.

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 trips and miles, 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 will assist the city in meeting the goals and objectives of this chapter.

F.    Adoption of the TSM ordinance codified in this chapter is one component of implementing a comprehensive approach to reducing traffic problems that should be supported by complementary land use policies and transportation and transit improvements.

G.    Adoption of the TSM ordinance codified in this chapter will (1) promote public health, safety and economic vitality; (2) mitigate the effects of traffic congestion including associated noise and air quality impacts on the environment; and (3) enhance the general welfare, both within the city and region.

H.    The goals and objectives of this chapter are consistent with the city’s general plan.

I.    Participation of private and public employers, sponsors, employer organizations, and employee organizations is critical to the successful implementation of this chapter.

J.    In adopting the ordinance codified in this chapter, it is the intention of the city council that employers and sponsors who act diligently and in good faith to comply with the provisions of this chapter 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 by employees or tenants.

K.    This chapter will implement provisions of that certain “Joint Powers Agreement Establishing the Multi-City Transportation System Management (TSM) Agency,” a joint exercise of powers agreement entered pursuant to the provisions of Government Code Section 6500 et seq., of which agency this city is a member.

L.    Since the Bay Area Air Quality Management District’s (BAAQMD) Regulation 13, Rule 1 is the current trip reduction regulation with which our employer base must comply and the jurisdictions within the county of San Mateo did not elect to accept delegation of the Rule, the provisions in this chapter are intended to assist employers in the region in achieving their trip reduction goals to improve air quality and reduce traffic congestion. (Ord. 611, § 2; 1976 Code § 4-17.01).

4.85.020 Goals and objectives.

A.    Goals. The goals of this chapter are to:

1.    Assure that all existing and future employers and sponsors participate 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 more use of alternatives to commuting by 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.    Objectives. The objectives of this chapter are:

1.    To participate in a multi-city agency that works in partnership with employers to promote programs and services that help employers achieve their trip reduction goals in an effort to improve air quality and reduce traffic congestion in the region;

2.    To facilitate the achievement of vehicle to employee ratio (VER) standards by public and private employers subject to Regulation 13, Rule 1, a regional employer-based trip reduction mandate effective for employers in San Mateo County beginning July 1, 1994;

3.    To encourage and facilitate participation by employers with twenty-five to ninety-nine employees in promoting commute alternatives for their employees. (Ord. 611, § 2; 1976 Code § 4-17.02).

4.85.030 Definitions.

As used in this chapter, the following words and phrases have the meanings respectively ascribed thereto in this section:

A.    “Alternative work hours program” means any system for shifting the workday of an employee so that the workday starts or ends outside of the peak periods. Such programs include but are not limited to:

1.    Compressed workweeks;

2.    Staggered work hours involving a shift in the set work hours of employees at the work place; and

3.    Flexible hours involving individually determined work hours within guidelines established by the employer.

B.    “Carpool” means a motor vehicle occupied by two or more employees commuting together.

C.    “Commute” means a home-to-work or work-to-home trip.

D.    “Complex” means any multitenant, nonresidential building or group of buildings that houses employees. A complex may have more than one but not necessarily all of the following characteristics:

1.    It is known by a common name;

2.    It is governed by a common set of covenants, conditions and restrictions;

3.    It was approved, or is to be approved, as an entity by the city;

4.    It is covered by a single subdivision or parcel map;

5.    It is operated by a single management;

6.    It shares common parking.

E.    “Employee” means any person hired by an employer for work at the workplace, working twenty hours or more per week on a regular full-time or part-time basis, including independent contractors, but excluding field construction workers, field personnel, seasonal/temporary employees (working less than ninety days consecutively) and volunteers.

F.    “Employer” means any public or private employer, including the city, who has a permanent place of business in the city. “Employer” shall not include contractors or other business entities with no permanent place of business in the city.

G.    “Joint powers agency” means that agency created under the “Joint Powers Agreement Establishing the MultiCity Transportation System Management (TSM) Agency.”

H.    “Multi-city agreement” means the agreement approved by the city and one or more other cities to establish an organization and procedures for governing a joint TSM program.

I.    “Peak traffic periods,” “peak hour” and “peak periods” mean the periods of highest traffic volume and congestion which are from six a.m. to ten a.m. and three p.m. to seven p.m. during workdays Monday through Friday. A “peak period trip” means an employee commute trip to or from a workplace when the employee’s workday begins or ends within a peak period.

J.    “Public transit” means publicly provided transportation, usually either by bus or rail.

K.    “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 and vanpools.

L.    “Single-occupant vehicle” means any vehicle occupied by one employee.

M.    “Sponsor” means the owner(s), developer(s) or manager(s) of a commercial development project or complex.

N.    “Telecommuting” means a system of working at home or at an off-site, non-home telecommute facility for the full workday on a regular basis at least one day per week.

O.    “Transportation system management (TSM)” means a program to improve the movement of persons through better and more efficient use of the existing transportation system.

P.    “TSM trip reduction program” means a group of measures developed and implemented by an employer that are designed to provide transportation information, commute alternatives assistance and incentives to employees.

Q.    “TSM board of directors” means the group responsible for policy direction of the TSM organization, with membership and responsibilities as defined in the MultiCity Agreement.

R.    “TSM supervisory committee” means 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.

S.    “Vanpool” means a van occupied by seven to fifteen employees including the driver who travel together during the majority of their individual commute distance.

T.    “Work site” means any real property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycles or pedestrian travel such as a freeway or flood control channel is included as part of the work site.

U.    “Employee transportation coordinator (ETC)” means a person, who could be an employee or an employer or sponsor, designated to implement a TSM trip reduction program and to carry out any other requirements of this chapter at a workplace. (Ord. 611, § 2; 1976 Code § 4-17.03).

4.85.040 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, preparing summary reports, and developing incentives for employer participation in the TSM program. (Ord. 611, § 2; 1976 Code § 4-17.04).

4.85.050 TSM advisory committee.

A.    Purpose. The advisory committee shall provide guidance to help further the goals and objectives stated in this chapter, and serve as an advisory body. It is a committee made up of private sector representatives whose primary function is to act in an advisory role to the city council of each member city of the joint powers agency, the TSM board of directors, the TSM supervisory committee and the TSM administrator, collectively the joint powers agency, on matters that affect private sector employer TSM trip reduction programs.

B.    Composition and Term of Office. The advisory committee shall be established as provided in the multicity agreement approved by the city council.

C.    Functions. The advisory committee shall:

1.    Advise the joint powers agency on any TSM matter brought to its attention by any person;

2.    Recommend changes to this chapter as may be necessary to meet the goals and objectives established herein; and

3.    Recommend the establishment and composition of any local area groups of employers and/or sponsors to aid compliance with applicable trip reduction requirements. (Ord. 611, § 2; 1976 Code § 4-17.05).

4.85.060 TSM requirements.

A.    Each employer within San Mateo County that is subject to the Bay Area Air Quality Management District’s (BAAQMD) Regulation 13, Rule 1 (regional employer-based trip reduction rule) shall conform to the employer-based trip reduction program requirements established and enforced by BAAQMD.

B.    Each employer of twenty-five or more employees, and every sponsor of twenty-five or more employees, is encouraged to distribute to its employees on a regular basis, commute alternatives information on ridesharing, transit, bicycling and other commute alternatives; and participate when possible in programs, sponsored by the joint powers agency, that may contribute to the reduction of single-occupant-vehicle commute trips.

C.    Each employer of twenty-five or more employees shall follow the progression of and comply with Regulation 13 and other BAAQMD trip reduction regulations/rules to comply with new mandates that may come into effect for such employer’s work site. (Ord. 611, § 2; 1976 Code § 4-17.06).

4.85.070 Fees.

A.    Impact Fees. To the extent that available funding is not adequate, the TSM board of directors is authorized to determine and levy annual fees upon all public and private employers and complex sponsors with twenty-five or more employees. The amount of the fee shall be fixed annually by the board and shall be presented for approval to each participating city.

B.    Collection. The director of finance or other designated city staff 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 of directors. (Ord. 611, § 2; 1976 Code § 4-17.07).

4.85.080 Penalties.

The penalties for violations of any provision of this chapter are set forth in Chapter 1.05 MMC. (Ord. 611, § 2, Amended by Ord. 680; 1976 Code § 4-17.08).