Newark Municipal Code Ch. 10.56 Transportation System Management

A. The passage of Proposition 111 by California voters in 1990 required changes in transportation planning and established a state-mandated Congestion Management Program (CMP). New requirements have been imposed on local government to curb congestion on California's transportation network. CMPs are required in each urban county. A key component of the CMP is the implementation of trip reduction and travel demand strategies.

B. Commute alternatives are expected to reduce traffic congestion, parking demand, and associated air pollution, noise, fuel use, vehicle wear and tear, time losses and inconvenience. Information programs about commute alternatives offered through the workplace have proven to be an effective, inexpensive and equitable way to encourage alternatives to driving alone.

(Ord. 290 (part), 1992)

The trip reduction and travel demand element of the CMP:

A. Requires the adoption of a trip reduction ordinance (TRO) by each jurisdiction in the county. The TRO may require a future amendment to accommodate a future trip-reduction element to be developed by the Bay Area Air Quality Management District (BAAQMD) as part of the regional air quality plan. The BAAQMD rule may impose additional requirements on local jurisdictions and businesses;

B. Requires employers to inform employees about the full range of available commute options;

C. Requires the congestion management agency (CMA) to conduct a county-wide employee baseline survey of employers with fifty or more employees to determine work commute patterns and transportation modes used in the county.

D. The provisions of this chapter shall not be effective for so long as the Bay Area Air Quality Management District administers the District's Regulation 13, Trip Reduction Rule 1 (Trip Reduction Requirements for Large Employers).

(Ord. 306 § 1, 1994; Ord. 290 (part), 1992)

A. Government Code Section 65089 requires a designated local agency in each county within an urbanized area to develop, adopt and annually update a CMP for the county and its jurisdictions. The Code also requires that each jurisdiction adopt and implement a trip reduction and travel demand management ordinance. The Alameda CMA is the local agency in Alameda County designated to develop, adopt and update the CMP. The Alameda County CMP (adopted October 24, 1991) requires that each local jurisdiction adopt a trip reduction ordinance which meets minimum requirements specified in the CMP. This chapter of the Newark Municipal Code is intended to meet those requirements.

B. The State Clean Air Act (AB 2595, Sher) requires the adoption and implementation of transportation control measures as part of the clean air plan to be adopted by the BAAQMD in June 1992. An employer-based trip reduction program will be included in the clean air plan. These programs are considered a "reasonably available" transportation control measure under the state of California Clean Air Act.

C. The Federal Clean Air Act (42 U.S.C. § 7401 et seq.) requires the region to adopt a State Implementation Plan (SIP) for air quality. The 1982 Air Quality Plan for the Bay Area, including the contingency plan adopted by MTC in February 1990, is the currently adopted SIP for the San Francisco Bay Area. The contingency plan includes Transportation Control Measure (TCM) No. 27, Update MTC Guidance on Development of Local TSM Programs, and TCM No. 28, Local Transportation Systems Management (TSM) Initiatives.

(Ord. 290 (part), 1992)

"BAAQMD" means the Bay Area Air Quality Management District. This district includes most of the nine Bay Area counties. BAAQMD is a special purpose regulatory agency empowered to adopt regulations to control certain air pollution sources, including motor vehicles used for commute trips.

"BAAQMD Rule" means the Trip Reduction Rule prepared by the BAAQMD. This rule will implement one of twenty-three TCMs contained in the 1991 Clean Air Plan for the San Francisco Bay Area. The intent is to reduce pollution emissions from vehicles used for commuting.

"CMA" means the Alameda County congestion management agency. This agency was established to develop, adopt and update the CMP for the county.

"CMP" means the Alameda County congestion management program adopted by the CMA on October 24, 1991, as amended.

"Commute alternatives information program" means a program to provide information about any reasonable method or approach for providing, supporting, subsidizing, and/or encouraging the use of commute alternatives, including but not limited to, matching and placement services for carpools and vanpools; provision of carpool and vanpool vehicles; carpool and vanpool operating subsidies; carpool and vanpool preferential parking location and/or fees; provision of and/or placement services for subscription buses; provision of shuttle services; transit fare subsidies; on-site waiting and loading facilities for transit; travel allowances for bicyclists and pedestrians; on-site paths, parking and showers and lockers for bicyclists and pedestrians; guaranteed ride home and guaranteed transportation in emergencies for users of commute alternatives; on-site child care and other service convenience facilities which lessen the need for a personal vehicle at the place of employment; telecommuting; and teleconferencing.

"Commute alternatives program advisor" means the person designated by the city manager to manage the program required by this chapter.

"Commute alternatives program appeals board" means the city council, which shall hear appeals to requirements of this chapter.

"Commute alternatives program coordinator" means the person designated by the employer who is responsible for carrying out employer requirements under this chapter of and day-to-day administration of the commute alternatives information program.

"Employee" means any person who regularly works twenty hours or more per week at a work site and normally travels between six a.m. to ten a.m. or three p.m. to seven p.m. and who normally works at least twenty-six weeks per year.

"Employer" means any public or private employer who has a permanent work site in the city. Employer shall not include contractors with no permanent place of business in the city and other businesses with no permanent workplace location.

"Jurisdiction" means any incorporated city with the county or the unincorporated portion of the county.

"Newark" means the city of Newark, California.

"SIP" means the state implementation plan for air quality. The current SIP for the San Francisco Bay Area is the 1982 air quality plan, including the contingency plan adopted by MTC in February 1990. The contingency plan includes Transportation Control Measure (TCM) No. 27, Update MTC Guidance on Development of Local TSM Programs, and TCM No. 28, Local Transportation Systems Management (TSM) Initiatives.

"TCM" means transportation control measure.

"TRO" means an ordinance adopted by Newark amending the Newark Municipal Code to reduce the number of single-occupancy vehicle trips, especially at commute hour.

"TSM" means transportation system management.

"Work site" means the place of employment, base of operation or predominant work location of an employee. It includes all of the employer's buildings or facilities located within close proximity of each other.

(Ord. 290 (part), 1992)

A. Phase I of the program requires an employer educational program. In the first program year, this chapter shall be applied to all employers of one hundred or more. When a sufficient number of employer commute alternatives program coordinators in companies of one hundred or more have been trained, this program shall be extended to apply to employers of fifty or more. All employers of fifty or more shall be included in the program no later than the third year after adoption of this chapter.

B. Phase II of the program may incorporate trip-reduction ordinance requirements to be developed by the BAAQMD.

(Ord. 290 (part), 1992)

A. The city manager shall designate a commute alternatives program advisor to serve as the point of contact for and provide guidance to employers. The commute alternatives program advisor shall be responsible for the following:

1. Provide employers involved in the program with marketing materials and information from the CMA about commute alternatives and how commute alternatives can reduce traffic congestion and air pollution;

2. Cooperate with the CMA in a county-wide baseline survey of commute patterns and transportation modes between home and work;

3. Develop a program for monitoring and enforcing compliance with this chapter.

B. The city council shall act as a commute alternatives program appeals board that will serve as a forum for petitions brought by employers who are found to be in noncompliance with this chapter.

C. The CMA shall be responsible for providing training, at the CMA's cost, for employer commute alternatives program coordinators in fulfilling their responsibilities. If funding for training is eliminated by the CMA, then training may be provided by the city.

(Ord. 290 (part), 1992)

As defined in Section 10.56.050(A), employers involved in the program shall initiate action on the following within thirty days of notification that they are subject to this chapter:

A. Appoint a commute alternatives program coordinator following notice from Newark. The coordinator shall complete a coordinator training course approved by Newark unless it can be demonstrated to Newark's satisfaction that the coordinator has already completed comparable training elsewhere;

B. Submit a detailed information campaign plan to Newark at the beginning of each program year. At the end of the year, the employer must verify to Newark that the campaign was carried out;

C. Inform all new employees about commute alternatives within two weeks of hiring;

D. Develop a commute alternatives information program to inform all employees annually of the existence of commute options as defined in Section 10.56.040(E). Acceptable forms of communication include letters to each employee, electronic mail, a substantial article in the company newsletter, and face-to-face meetings;

E. Post or otherwise distribute information on commute alternatives supplied by either the CMA or Newark;

F. Participate in any county-wide survey originated by the CMA.

(Ord. 290 (part), 1992)

A. Finding of Nonconformance. If the commute alternatives program advisor finds that an employer has failed to fulfill requirements of this chapter, the administrator shall notify the employer within thirty days. The employer may, within ten days of receipt of such notice, file an appeal with the commute alternatives program appeals board in accordance with Section 10.56.080(B).

B. Appeals to the Commute Alternatives Program Appeals Board. The commute alternatives program appeals board shall have jurisdiction to hear and decide appeals where it is alleged by the employer there is error in any order, finding, requirement, decision or determination made by the commute alternatives program advisor in the administration or enforcement of the provisions of this chapter. The employer may, within ten days of receipt of notice of such order, finding, requirement, decision or determination, file a written appeal along with the current appeal fee as set by the master fee resolution with the city clerk clearly stating the grounds for the appeal. Upon receiving an appeal, the commute alternatives program appeals board shall hear the appeal and render a decision within sixty days. The opinion shall be filed with the employer and the commute alternatives program advisor.

C. Penalties.

1. Civil Assessment. An employer who fails to comply with the provisions of this chapter within ninety days of written notice to comply, shall be liable to Newark for a civil assessment in the amount of two hundred fifty dollars per day for each day of noncompliance, commencing with the ninety-first day following notice.

2. Injunction. In addition to any other remedy which may accrue to the city hereunder, may use a civil injunction to enforce provisions of this chapter, or any regulation or order promulgated or issued, or any program approved pursuant hereto.

3. Operative Date. Enforcement provisions shall be effective from and after one year following the effective date of the ordinance codified in this chapter.

(Ord. 290 (part), 1992)

The city council may, by resolution, establish a schedule of fees to support the administration and enforcement of this chapter. Failure to pay all required fees so established by resolution shall constitute failure to fulfill the requirements of this chapter.

(Ord. 290 (part), 1992)