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Ordinance 2613CITY OF ALAEDA ORDINANCE NO. New Series 2613 AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING CHAPTER VIII (TRANSPORTATION SYSTEMS MANAGEMENT) TO CONFORM WITH CONGESTION MANAGEMENT (CMP) REQUIREMENTS , AND REPEALING SUBSECTIONS 8-29.(b4) AND 8-29.(c2). that:BE IT ORDAINED by the Council of the City of Alameda Section 1 The Alameda Municipal Code is hereby amendedby amending Chapter VIII, (Transportation Systems Management)Subsection 29.1, by amending the following definitions to read asfa-lows: 8-29.Def in it ions EMPLOYEE refers to any person continuously employed for 20 or more hours per week by any Employer and who normally works 26 weeks per year and begins or ends work during the regional and local peak periods. LARGE EMPLOYER is any business , multi-tenant building or group of buildings within one city block face , which employs fiftyor more employees and is not included in the definitions for Employment Center. LOCAL PEAK PERIOD is from 6: 30 a. m. to 8: 30 a .m. and from3: 30 p. m. to 5: 30 p. TRANSPORTATION SYSTEMS MANAGEMENT COORDINATOR (TSM Coordinator) is the individual designated by a Large Employer Commercial, or Employment Center to carry out the requirements ofthis chapter on behalf of the Large Employer Commercial or Employment Center. Section 2 The Alameda Municipal Code is hereby amendedby amending Chapter VIII (Transportation Systems Management)Subsection 29., by adding the following definitions to read asfollows: REGIONAL PEAK PERIOD is from 6:00 a.m. to 10:00 a.m. andfrom 3: 00 p. m. to 7: 00 p. m. to satisfy requirements of other governing agencies such as Alameda County Congestion Management Agency and the Bay Area Air Quality Management District. The "Regional Peak Period" will not be used to calculate the local "SOV" trip reduction goals and objectives within Subsection 8-29. or used to assess penalties in any sections within Subsection 8- 29.9 Enforcement , of this ordinance. TRANSPORTATION SYSTEMS MANAGEMENT an employee survey which is the means by concerning the progress of this program are conducted on an annual basis. (TSM) ANNUAL SURVEY which empirical datagathered and which is TRANSPORTATION SYSTEMS MANAGEMENT (TSM) BASELINE SURVEY is the initial census-type employee survey which is the means by which empirical data establishing baseline statistics for this program are gathered. The baseline survey shall be distributed toall employees working wi thin the affected Large Employers' Commercial Centers' or Employment Centers' jurisdiction. The baseline survey must satisfy the requirements of other governing agencies such as Alameda County Congestion Management Agency and the Bay Area Air Quality Management District. TSM COORDINATOR TRAINING is a training ses-sion which provides the necessary training for TSM Coordinators to fulfill their responsibilities of implementing the requirements of this chapter. The TSM Coordinator Training Session shall be preapproved by the TSM Committee. The TSM Committee may sponsor TSM TrainingSessions. TRANSPORTATION SYSTEMS MANAGEMENT RANDOM SAMPLE SURVEY an employee survey which is a means by which empirical data concerning this program are gathered. The Random Sample Survey is distributed to a limited representative number of employees workingwithin the jurisdiction and according to the guidelines inSubsection 8-29.7 as well as the requirements of other governing agencies such as Alameda County Congestion Management Agency and the Bay Area Air Quality Management District. The Random Sample Survey may not be conducted in place of a TSM Baseline Survey. Section 3 The Alameda Municipal Code is hereby amendedby amending Chapter VIII (Transportation Systems Management),Subsection 29., by deletinq the following definition: TI?VU::J10nTATION SYSTE.'1E If:'lNl.CE.1ENT SUmTEY (SURtTEY) io thc mC:Jno by 'i hich cmpir iC:Jl d:Jt:J concerning thio progr:Jm :Jrc g:Jthcrcd. Section 4 The Alameda Municipal Code is hereby amended by amending Chapter VIII , (Transportation Systems Management), by amendinq Subsections 29.3(a), 29.4, 29.7(a), 29(b.2), 29.9(b) and29.9 (c), thereof to read: 8-29.Goals and Obj ecti ves. The goals and obj ecti ves of this Section are: ( a)To reduce local and regional peak period vehicle trips by employees in the City according to the following: 10% reduction in SOV' s from base trip generation("base ) in 1st year. 20% reduction in SOV's from base in 2nd year. 25% reduction in SOV' s from base in 3rd year. 30% reduction in SOV's from base in 5th year. Beyond five years , maintain 30% reduction in SOV' s from base. Base trip generation presumes all (100%) employee commutetrips to and from an Employment Center occur as single- occupancy vehicle trips during the peak periods . The number of peak period commute trips will be established using data provided in the annual survey and will aCCOUl't for allemployees who travel wi thin the peak periods for 60% or more of the time dur ing a work week. (2 )To increase awarenesstransportation by: and use alternative modes (a) Establishing Transportation Marketing Centers at each Employment and Commercial Center; (b) Establishing a city-wide bicycle program that provides access and facilities for all maj or traffic generators; (c) Promoting walking as an alternative to SOV use; and (d) Establishing a city-wide carpool and vanpool matchingprogram. 8-29.4 Failure to Meet Goals and Objectives At the end of a ten-year period immediately following adoption of this ordinance , the City of Alameda may require , as recommended by the TSM committee, any or all Employment Centersthat do not achieve the goals and objectives set forth Subsection 8-29.3 of a 30% reduction in SOV for local peak periods to charge a nonattainment fee. The nonattainment fee shall be charged for employee parking within the Employment Center. This nonattainment fee shall not preclude any Employment Center from levying additional charges for parking at their own discretion. The fee shall be calculated by the following formula: Off-street Meter Rate x 30 - Percent Attainment Where:Off-street Meter Rate shall be equal to the rate established for off-street parking in Subsection 8-29.3 of the Alameda Municipal Code. and:Percent Attainment shall be equal to the percentage of SOV reduction reported by the Employment Center I s TSM report for the previous year. Each Employment Center that fails to meet the objectives called for in Subsection 8-29., shall submit to the City by June 30th of the eleventh year a parking management .plan which identifies the method of fee collection , anticipated revenue and the anticipated TSM programs and costs to be funded with thesefees. The parking management plan shall be implemented within 90s of approval by the TSM Committee. The Employment Center shall collect fees and such fees shall be used to fund the TSM programs outlined in the parking management plan. The Employment Center shall , on June 30th of each year , submit an audited accounting statement identifying sources and distribution of the monies collected in the previous calendaryear. An Employment Center may submit an al ternati ve parking management plan for their Employment Center which shall be subject to review and approval by the TSM Committee. If approved , the al ternati ve parking management plan shall be implemented by July31st of that year. Al ternati ve parking management plans shall be subj ect to annual review and approval by the TSM committee. This section is subject to review and modification by the TSM Committee , and approval by Council , to assure consistency with regional parking demand management policies. 8-29.7 Requirements. a . Individual Employers Individual employers whoemploy fewer than 50 employees AND who do not satisfy the condi tions of a Employment Center , Large Employer , or Commercial Center, as defined in Subsection 8-29.1. Def ini tions, are required to provide a TSM Information Package. The Package shall include AC Transit bus and BART route and schedule information, bike route maps, carpool matching services information , and information on available transit services. All employers shall disseminate this Package to all employees once a year, upon employee request , and to all new employees within two weeks of hiring. Establishing a Transportation Marketing Center.Transportation Marketing Center shall be established at the employers business location. The Transportation Marketing Center (TMC) shall be maintained in a clean, safe and orderly condition wi th updated material being provided as necessary. The TMC shall be located at a high traffic volume site, at a convenient walking distance for employees, and be at street level unless otherwise approved by the TSM Committee. Each employer shall complete and submit a TMC check list describing their TSM Marketing Center to the TSM Committee for annual approval. The check list shall include description of display, accommodation for ticket sales, operation method , and promotional items and events. The location of the Transportation Marketing Center shall be approved by the TSMCommittee. The TMC shall operate at least during normal workinghours. 8-29.9 (b) PENALTY STRUCTURE FOR LATE SUBMISSIONS. Any employer who alone or as part of an Employment Center fails to submit materials as called for under Subsection 8-29.7 5 shall be charged a penalty for failing to provide: (1 ) (2 ) (3 ) ( 4 ) TSM Information Packet Transi t Marketing Center Annual Survey TSM Plan Fines do not accrue on weekends or holidays officially observed by the City of Alameda. Fines shall be set by CityCouncil Resolution. If materials are provided to the TSM Committee on time but do not receive Committee approval , the submitting party shall have 60 days from the date of written disapproval to resubmit thosematerials. If at the end of the 60 day period the materials have not been approved , fines shall begin accruing and shall continue to accrue until the materials are approved by the TSM Committee. Sec. 8-29.9 (c): PENALTY STRUCTURE FOR NON-IMPLEMENTATION of TSM Plan. Any employer who alone or as part of an Employment Center fails to substantially implement the strategies called for in its TSM plan shall be charged a fine per employee per day. The fine shall be set by City Council Resolution. The TSM Committee shall at each semimonthly meeting assess whether an Employment Center program has substantially implemented their program. The TSM Committee shall notify the Employment Center in writing of any deficiency and the Employment Center shall have 30 days to rectifythe deficiency. Penalties shall begin accruing 30 days after notification and shall continue to accrue until such time as theparticipant can establish in writing to the satisfaction of the TSM Committee that the programs have been implemented. section 5 . The Alameda Municipal Code is hereby amended by adding Subsections 8-29.(b5), (b6) and (b7) to Chapter VIII (Transportation Systems Management , thereof to read: b. 5. Designation , Training and Responsibilities of a TSM Coordinator. Each Large Employer , Commercial Center and Employment Center shall designate a TSM Coordinator who is responsible for carrying out the requirements of this ordinance forthe Large Employer Commercial Center, or Employment Centerrespectively. Each Large Employer Commercial Center, and Employment Center is required to have their designated. TSMCoordinator complete an approved training session fulfill the requirements of this ordinance and attend the TSM Committee meetings , not to exceed six (6) meetings per year. b. 6. Administration of a TSM Baseline Survey: baseline survey shall be conducted by each Large Employer Commercial Center and Employment Center within the dates established by the TSM Committee and as needed to satisfy the requirements of other jurisdictional governing agencies including Alameda County Congestion Management Agency and the Bay Area Air Quality District. Requirements shall include minimum numbers of answered surveys , dates for conducting the survey, and policies forextrapolating data from same. Each Large Employer , CommercialCenter and Employment Center shall distribute a TSM Employee Baseline Survey to all employees working within its jurisdiction. The survey must incorporate , in its entirety, the TSM questionnaire developed by the TSM Committee. Each Large Employer , Commercial Center and Employment Center shall collect the surveys and tabulate the data. The TSM Committee may elect to sponsor the tabulation of surveys and provide TSM reports for designated groups of employers b. 7. Administration of a Random Sample TSM Survey: A Random Sample Survey may be conducted to collect the necessary empirical data concerning this program. Random Sample Surveys must be preapproved by the TSM Committee and the Congestion Management Agency and the Bay Area Air Quality District. Random Sample Surveys must be conducted using methods which are consistent with the requirements of the governing local and regional agencies. The Random Sample Survey must incorporate in its entirety. The TSM Random Sample Questionnaire developed by the TSM Committee. The TSM Committee shall establish survey question requirements, required minimum numbers of answered surveys , dates for conductingthe survey, employer size and type authorized to use a Random Sample Survey, policies and guidelines for Random Sample Surveying methods and policies for extrapolating data from same. section 6 The Alameda Municipal Code is hereby amended by repealing Subsection a-29.7(b.4) and Subsection a-29.7(c2) of Chapter VIII thereof. section 7 This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City Alameda in regular meeting assembled on the day rpm , 1992, by the following vote to wit: AYES:Councilmembers Arnerich., Camicia, Lucas, Rothand President Withrow - None.NOES: ABSENT:None. ABSTENTIONS:None. IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 16th day of September , 1992.