HomeMy WebLinkAbout71.105 ORDINANCE NO. 71-105
AN ORDINANCE OF TNE CITY OF SARATOGA ADOPTING A TEXT
AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF SARATOGA,
CALIFORNIA, ADDING ARTICLE 9-65 - TRANSPORTATION DEMAND MANAGEMENT.
After due consideration of all evidence presented, the City Council
of the City of Saratoga, California, does find as follows:
1. The City Council held a public hearing for consideration of
a Transportation Demand Management (TDM) Ordinance on March
4, 1992.
2. The public hearing was given proper notice as required by law.
3. Proposition 111 requires that all cities in urbanized counties
adopt a transportation demand management (TDM) ordinance.
4. The Santa Clara County Congestion Management Agency prepared
a model TDM ordinance for use by cities within Santa Clara
County.
5. The TDM Ordinance seeks to reduce vehicular trips from homes
to places of employment.
6. An Initial Study has been prepared on the Saratoga TDM
Ordinance.
Based upon the foregoing findings of fact, the City Council
concludes that:
1. A Negative Declaration is appropriate as no significant
adverse environmental impacts have been identified to be
associated with the project.'
2. The TDM Ordinance is consistent with the requirements of
Proposition 111.
3. The TDM Ordinance is consistent with the model ordinance
prepared by the Congestion Management Agency.
4. The Ordinance will help to reduce traffic congestion and air
pollution.
5. The Ordinance will not be detrimental to the health, safety,
or general welfare of persons residing or working in the City,
or be detrimental or injurious to property and improvements
in the City or the general welfare of the City.
Further, the City Council of the City of Saratoga does ordain as
follows:
SECTION ONE: That Article 9-65 be added to the Saratoga
Municipal Code as set forth in Exhibit A, attached hereto.
SECTION TWO: This Ordinance shall become effective 30 days
following its passage and adoption.
The above and foregoing Ordinance was passed and adopted at a
regular meeting of the City Council of the City of Saratoga on the
· ;{T~ day of ~p~i/l-~ .!, 1992, by the following vote:
AYES: Councilmembers Anderson, Clevenger, Monia, Stutzman and Mayor Kohler
NOES: None
ATTEST:
~IT Y< L E RERK~"
The above and foregoing i a true and correct
copy of Ordinance ,~/,/0~s which has been
_ Depmy City Clerk ........ ~
ARTICLE 9-65
TRANSPORTATION DEMAND MANAGI~IENT
Sections:
9-65.010 Purpose
9-65.020 Definitions
9-65.030 Applicability
9-65.040 Administration
9-65.050 Average Vehicle Ridership Goals
9-65.060 Implementation Schedule
9-65.070 Designation of Manager and Commute Coordinator
9-65.080 Baseline TDM Report
9-65.090 Annual TDM Report
9-65.100 Enforcement
§9-65.010 Purpose
The purpose of this Article is to promote the development of
transportation demand management (TDM) programs at employer work
sites with one hundred or more employees during the morning peak
traffic period to reduce traffic impacts and improve air quality
within the City. To accomplish that purpose, this Article
establishes certain reporting requirements to enable the City to
evaluate the effectiveness of existing TDM programs and to chart
Citywide progress toward achieving the average vehicle ridership
goals established in Section 9-65.050. It is also the purpose of
this Article to require certain employers to designate specified
individuals to ensure the proper coordination and implementation
of TDM progress.
§9-65.020 Definitions
For the purpose of this Article, the following terms are
defined and shall be construed as set forthin this Section:
(A) Average Vehicle Ridership (AVR) shall mean the total
number of employees assigned to a work site between 6:00 a.m. and
9:00 a.m., Monday through Friday divided by the number of vehicles
they drive from home to work. Credit may be given for employee
work trips eliminated during a biweekly period due to the use of
compressed work weeks or telecommuting.
(B) Carpool means a motor vehicle occupied by two or more
employees traveling together.
(C) Commute means a home-to-work or work-to-home trip.
(D) Commute Alternatives means any form of commute
transportation except by single-occupancy vehicle.
Transportation Article 9-65
(E) Commute Coordinator means an employee or contractor of
an employer, whose responsibility is the day-to-day management of
any TDM Program.
(F) Compressed Work Week means a work schedule for an
employee which eliminates at least one round-trip commute biweekly.
For example, forty hours of work in four ten-hour days or a work
plan that allows one day off every other week, known as the nine-
eighty plan.
(G) Desi~nee(s) means any private entity or governmental
agency designated by the City to administer all or any of the
provisions of this Article except those related to the bringing of
enforcement actions under this Article.
(H) Employee means one who is assigned to the designated
work site in the a.m. peak period. An employee is one who works
in the service of an employer for either wages or salary, as a
contract employee under the direction of the work site employer or
through a temporary service agency during a period of more than
ninety continuous days.
(I) Employer means any public or private employer which has
a work site in the City. For purposes of this ordinance, the
maximum number of employees on the day shift at the designated work
site shall determine the size of the employer.
(J) Flexible Work Hours means a variation of an employee's
work hours to provide an incentive for the employer to use commute
alternatives.
(K) PeekPeriod means the hours from 6:00 a.m. to 9:00 a.m.,
Monday through Friday, excluding federal holidays. Peak period
trips shall mean employees' commute trips to a work site where the
employees' work day begins.
(L) Person means an individual, trust, firm, joint stock
company, corporation, partnership, association or other business
entity, city, county, district, the state, any department or agency
thereof, or the United States, to the extent authorized by law.
(M) Single-Occupancy Vehicle means a motor vehicle occupied
by one employee for commute purposes.
(N) Telec~)mmUting means a system of either working at home
or at an off-site work station with computer facilities that link
to the work site.
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Transportation Article 9-65
(0) Transportation Demand Management (TDM) means the
provision of information, assistance, incentives or other measures
designed to increase Average Vehicle Ridership (AVR) and which is
intended to reduce the number of motorized vehicles driven to the
work site.
(P) Transportation Demand Management program (TDM Program)
means a plan implemented by an employer designed to carry out TDM.
TDM Programs may include any Or all of the following TDM services
and incentives:
1. Rideshare matching
2. Preferential parking for ridesharing vehicles
3. Carpool/vanpool subsidies or rewards
4. Transit ticket sales
5. Transit ticket subsidies
6. Shuttle to transit line
7. Flexible work hours for people who do not drive alone
8. Compressed work weeks
9. Work-at-home programs
10. Telecommuting
11. Establishing fees for employee parking
12. Membership in a Transportation Management Association
that provides TDM services and incentives
13. contribution to a Transportation Systems Management
program administered by a Member Agency
14. Cycling and walking subsidies or rewards
15. Site design amenities that would encourage transit use,
ridesharing, cycling and walking
16. Other programs approVedbythe City's designee to reduce
the number of employees who drive alone to the work
place
(Q) Transportation Management Association (TMA) means an
organization through which developers, employers and/or local
governments cooperate in designing, implementing, and evaluating
a TDM Program.
(R) Transportation Systems Management means low-cost
improvements to the transportation system (roads and transit) which
increase the operational efficiency and/or capacity of the system.
(S) Vanpool means a van occupied by seven to fifteen
employees who commute together to work.
(T) Vehicle means a vehicle as defined in the California
Vehicle Code, but for the calculation of AVR does not include
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Transportation ~ticle 9-65
public or private transit buses or non-motorized bicycles.
(U) Work Site means any place of employment, base of
operation or predominant location of the employer. All buildings
or facilities operated or occupiedbythe employer within the City
and within a radius of 1.5 miles of a single centrally located
building or facility operated or occupied by the same employer
shall be deemed a single work site. For the purposes of this
Article, the actual boundary area of a work site will be identified
in submittals made pursuant to this Article and approved by the
City or its designee.
§9-65.030 Applicability
Every employer with one hundred or more employees at a work
site during the hours of 6:00 a.m. to 9:00 a.m. shall prepare and
implement a TDM as required by this article.
§9-65.040 ~dm~nistration
The provisions oft his ordinance'shall be administered bythe
City or by any designee authorized by the City Council to
administer the provisions of this Article on behalf of the City.
No designee shall be authorized to bring any legal action on behalf
of the City for enforcement Of any provision of this Article.
§9-65.050 Average Vehicle Ridership Goals
(A) The following AVR goals are established in order to
achieve and measure progress toward a net increase in the use of
commute alternatives and a reduction in vehicle trips to the work
site during the peak period:
1. July 1, 1993, the AVR goal shall be 1.18.
2. By July 1, 1995, the AVR goal shall be 1.26.
3. By JUly 1, 1997, the AVR goal shall be 1.33.
Should the AVR goals not be met within any of the above time
frames, and the TDM Program is being implemented, the City may
require that the TDM Program be modified.
(B) Non-attainment of the AVR goals shall not constitute a
violation of this Article and shall not subject employers to the
enforcement provision containea'in Section 9-65.100.
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Transportation Article 9-65
§9-65.060 Implementation Schedule
(A) It is the intent of this Article to establish an
implementation date for every employer subject to the provisions
of this Article. For purposes of establishing an implementation
date, the employers shall be divided into the following four
categories, based upon the employers' work sites within the City:
1. Category I consists of all work sites operated or
occupied by the City and all other work sites having
1,000 or more employees;
2. Category 2 consists of all work sites having 500 to 900
employees;
3. Category 3 consists of all work sites having 250 to 499
employees;
4. Category 4 consists of all work sites having 100 to 249
employees.
(B) All actions required by this Article to be taken by an
employer with respect to any work site within a specified period
of time after the implementation date, shall be taken within that
period of time measured from the implementation date established
in this section for that category of work sites within which the
particular work site falls. The implementation date for Category
1 work sites shall be October i, 1992. It is the intent of this
Article that the implementation dates for Categories 2, 3, and 4
shall be set at approximately six-month consecutive intervals
following the implementation date for Category 1; however, the
exact implementation date for each category shall be established
by resolution of the City Council and shall be published in a
newspaper of general circulation within the city pursuant to
Section 6061 of the California Government Code.
§9-65.070 DesignatiOn_of Manager end Commute Coordinator
(A) Within forty;five days after the scheduled
implementation date, every employer within any of the categories
in Section 9-65.060 shall appoint a designated manager for each
work site. An employer having more than one work site within the
City may appoint one manager for all work sites or individual
managers for one or more of the work sites. The manager shall have
the obligation to and shall carry out the following duties,
responsibilities and functions:
w Page 5
Transportation Article 9-65
I. Manage the operation of any TDM Program implemented at
the work site;
2. Compile, review, approve and submit the baseline and
annual TDM reports for the work site(s) to the City or
its designee;
3. File with the City or its designee such other material
or information as is required by this Article;
4. Serve as management liaison with the City or its
designee concerning TDM.
(B) Within forty-five days after the implementation date,
the employer shall appoint a commute coordinator for each work site
within the City. The commute coordinator shall have the day-to-
day responsibility for administering any TDM Program implemented
by the employer. If the commute coordinator has not had a total
of twelve months experience as a TDM Program coordinator, the
coordinator shall complete within sixty days of appointment, a
commute coordinator training course. The course may be conducted
by any recognized TDM consultant or association or public entity
or employer in-house training program with a TDM training program
which is approved by the City or its designee. A designated
manager may also directly administer the employer's TDM Programs
without a separate commute coordinator being required. However,
any such manager shall meet the qualifications set forth in this
subsection.
(C) Within thirty days after making the appointments
required bythis Section, the employer shall notify the City or its
designee in writing of the appointments. Such notification may be
mailed first class, postage prepaid, to the officer and address
designated bythe City or its designee. The employer shall assume
responsibility for determining that such notification has been
received bythe City or its designee. The notice shall include the
following information regarding each appointee:
1. Name
2. Title
3. Business hours
4. Business telephone number
5. Business mailing address
The employer shall provide similar written notice to the City
or its designee within thirty days of any change in any such
appointment.
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Transportation Article 9-65
(D) In the event any employer or work site becomes subject
to this Article after its effective date, the employer shall comply
with the terms of this Section within the times specified measured
from the date on which the employer or work site became subject to
this Article.
§9-65.080 Baseline TDM Report
(A) Within 185 days of the implementation date for any work
site, every employer within any of the categories set forth in
Section 9-65.060 shall file with the City or its designee a
baseline TDM report for work site within the City. The baseline
report shall be in such format as may be established by the City
or its designee. An employer having multiple work sites within the
City may, with the consent of the City Or its designee, establish
a schedule for submittal of baseline TDM reports for its various
work sites which vary from that set forth in this Section. The
baseline TDM report for e~ch work site within the City shall be
submitted not later than the scheduled filing date for any work
site pursuant to this Section.
(B) The information to be provided in the baseline TDM
reports for each work site shall include the following:
1. Number of employees by work hours and work site of the
day shift;
2. A residence zip code breakdown of employees by work
site;
3. The average vehicle ridership (AVR) as determinedby one
or more of the following means:
a. An employee survey developed by the City or its
designee. The distribution of such survey shall
be accompanied by information affording each
employee the option, at the request of the
employee, to receive a carpool or vanpool match-
list and/or transit information.
b. An employee survey developed by the employer and
approved by the City or its designee. The
distribution of the survey shall include
information affording each employee the option,
at the request of the employee, to receive a
carpoo~ or vanpool match-list and/or transit
information.
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Transportation Article 9-65
c. A statistically valid random sample survey
utilizing a methodology approved by the City or
its designee.
d. Parking lot counts utilizing a methodology
approved by the City or its designee~
e. Gate counts using a methodology approved by the
City or its designee.
4. A description of all TDM services and incentives offered
to employees.
5. A listing of all parking charges imposed on employees.
6. A description of the factors that might influence use
of commute alternatives.
7. Such other information as may be required by the City
or its designee.
(C) Regardless of the reporting schedule used for parking
lot counts, the measurement of the AVR for the 6:00 a.m. to 9:00
a.m. peak period shall be performed between 9:00 a.m. and 10:45
a.m. on Tuesday, Wednesday, and Thursday of the same week.
Regardless of the reporting schedule used for gate counts, the
measurement of the AVR shall be performed from 6:00 a.m. to 9:00
a.m. on Tuesday, Wednesday, and Thursday of the same week.
(D) Measurements shall not be taken in a week falling within
those times of the year established by the City or its designee
which would be expected to result in a distortion of the results
based on holiday, annual rideshare promotion or other similar
occurrences.
(E) Any work site or employer which becomes subject to this
Article after its effective date shall file a baseline report for
any work sites subject to this Article within 185 days of becoming
subject to this Article or having an additional work site become
subject to this Article.
§9-65.090 AmlualTDM Reports
Every employer required to file a baseline TDM report shall
submit an annual TDM report to the City or its designee every
twelve months (12) thereafter. The information submitted shall be
current to within 9 months of the annual report due date. The
annual reports shall contain the same type of information as is
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Transportation Article 9-65
required in the baseline report.
§9-65.100 Enforcement
(A) Criminal Penalties:
Any person who violates any provision of this Article shall
be guilty of an infraction and upon conviction thereof shall be
punished as set forth in Section 3-05.010 of this code with the
exception of Section 9-065.050.
(B) Civil Penalties:
Any person who violates any provision of this Article with
the exception of Section 9-65.050 shall be liable for a civil
penalty not to exceed five hundred dollars per day for each
violation. The civil penalty shall be assessed and recovered in
a civil action brought in the name of the people by the City
Attorney. In any civil action brought to seek such civil penalty,
and/or to Obtain injunctive relief for violation of any provision
of this Article in which action the City prevails, the court shall
determine and impose reasonable expenses, including attorneys'
fees, incurred by the City in theinvestigation and prosecution of
the action.
(C) Remedies Not Exclusive:
Remedies under this Article are in addition to and do not
supersede or limit any and all other remedies, civil or criminal.
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