San Mateo County Municipal Code Ch. 5.132 Transportation System Management

The San Mateo County Board of Supervisors hereby finds and determines that:

a. Traffic volumes and congestion in San Mateo County and the surrounding region have increased appreciably in recent years;

b. Increased employment growth in San Mateo County and the surrounding region has occurred in recent years and is expected to continue, contributing to growing traffic congestion;

c. Traffic congestion is a regional problem which requires coordinated and concerted actions by local governments, employers, SamTrans, Caltrans and CalTrain;

d. Peak hour traffic congestion can be managed by increasing the efficiency of the transportation system through such techniques as ridesharing, increased uses of public transit, and varying work schedules so that the travel occurs during off-peak periods;

e. The San Mateo County Transportation Authority has adopted a Countywide Transportation System Management (TSM) Plan which identifies measures that would be effective in reducing peak hour traffic congestion in the County and which requires that cities adopt TSM ordinances in order to relieve weekday peak hour traffic congestion;

f. San Mateo County supports the Countywide Transportation System Management (TSM) Plan and commits itself to reducing peak hour traffic congestion;

g. Adoption of this TSM ordinance is one component of the County's participation in the Countywide Transportation System Management Plan, which also includes policies related to land use, transit improvements and traffic operational improvements;

h. Adoption of this TSM ordinance will promote public health, safety, economic vitality, and general welfare, within the County and region, and is consistent with the County's General Plan.

(Prior code § 5870; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

In recognition of these findings, San Mateo County does establish this TSM ordinance for the following purposes:

a. To reduce peak hour traffic congestion in the County and surrounding region by reducing the number of vehicular trips and vehicular miles travelled related to work travel;

b. To reduce vehicular emissions, energy usage and ambient noise levels as a result of fewer vehicle trips, fewer vehicle miles travelled and reduced traffic congestion;

c. To achieve, as an initial goal, a 25% participation rate by employees who work in the County in alternatives to single-occupancy vehicle commuting during weekday peak hours. The County will periodically re-evaluate this goal in conjunction with the countywide TSM program and will revise it upward when warranted by traffic conditions and demonstrated results of the TSM Program.

(Prior code § 5871; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

This ordinance applies to all land in unincorporated San Mateo County, except land at San Francisco International Airport owned by the City and County of San Francisco. Worksites subject to the requirements of the Bay Area Air Quality Management District's Regulation 13, Rule 1 are exempted from any and all requirements under this ordinance.

(Prior code § 5872; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

The following definitions shall apply to words and phrases used in this ordinance:

a. "Alternative work hours" shall mean any work schedule for employees which starts and ends the work day outside of peak hours as defined below, and may include staggered work hours, flexible work hours, compressed work week, or other schedule.

b. "Carpool" shall mean a motor vehicle occupied by two or more employees commuting together.

c. "Commute" shall mean a trip from home to work or from work to home.

d. "Commute Alternatives" shall include any alternative to commuting to work in a single occupancy vehicle and shall include carpools, vanpools, buspools, bicycles, transit, alternative work hours, telecommuting and walking.

e. "Complex" shall mean any business park or other non-residential development in separate or common ownership, which can be identified by two or more 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 (or will be) approved as an entity by the County;

(4) it is covered by a single final subdivision or parcel map;

(5) it is operated by a single management;

(6) it shares common parking facilities.

"Complex" shall also mean any multi-tenant, non-residential building or group of buildings under common ownership which is not covered by the above.

f. "Compressed Work Week" shall mean a regular weekly work schedule of approximately 40 hours completed in less than five days during a week, such as four 10-hour days.

g. "Employee" shall mean any person hired by an employer to perform work at the workplace, including part-time and seasonal employees working 20 or more hours per week, but excluding independent contractors.

h. "Employer" shall mean any public or private employer, including the County, who has a permanent place of business in the unincorporated area of San Mateo County.

i. "Employer TSM Program" shall mean a written report in a format to be determined by the County TSM Administrator, designating a Workplace TSM Coordinator, providing for training of the Workplace TSM Coordinator, documenting the mode of commute of all employees of an employer and demonstrating a rate of participation in commute alternatives that achieves the purpose of this ordinance.

j. "Flexible Work Hours" shall mean a flexible work schedule in which an employee is permitted discretion, within certain fixed parameters, as to the hours for starting and completing the work day.

k. "Peak Hour," or "Peak Period" shall refer to the period between 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m., Mondays through Fridays, except holidays.

l. "Parking Management" shall mean expanding, restricting or pricing the supply of parking in order to support TSM objectives and may include provision to employees of transit passes or cash subsidies in place of free parking.

m. "Single-occupancy vehicle" shall mean a motor vehicle occupied by one employee for commute purposes, excluding motorcycles, unipeds and other two-wheeled vehicles.

n. "Staggered Work Hours" shall mean fixed work hours in which groups of employees within a company or complex begin and end work at predetermined intervals in order to spread out the traffic flow.

o. "Workplace" shall mean the usual and customary place of employment, base of operations or predominant location of an employee.

p. "Workplace TSM Coordinator" shall mean a person designated by an employer to implement a TSM program required pursuant to the provisions of this ordinance.

(Prior code § 5873; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

a. County TSM Program for the Unincorporated Area. In order to carry out this trip reduction program, the County Manager shall designate a staff TSM administrator (Note: The County may contract for this position or may join with other cities in a joint powers agreement for the provision of this service). The County TSM administrator shall have the following responsibilities:

(1) administer the County's TSM program for the unincorporated area and make periodic reports on the progress of the program to the County Manager;

(2) assist employers who are required by this ordinance to prepare TSM programs, review, and, if acceptable, approve employer TSM programs;

(3) coordinate promotional events at workplaces in which literature and information on commute alternatives is distributed to employees;

(4) promote the use of all available techniques for reducing peak hour congestion, including ridesharing, increased use of public transit and, where feasible, compressed work schedules, shuttle buses and telecommuting;

(5) prepare a TSM program for employees of the County;

(6) participate in the Countywide TSM program and coordinate efforts with other cities in the preparation of employee surveys, analysis of survey data, training of workplace TSM coordinators, and monitoring and evaluation of the results of trip reduction programs;

(7) provide, upon request, commute alternative assistance, including ridesharing matching, transit route and schedule information, and bikeway information, to employees of companies in the County unincorporated area which do not have a TSM coordinator;

(8) coordinate the County's TSM program with adjacent jurisdictions.

b. Employer Requirements.

(1) Employee Survey. Every employer in the County's unincorporated area, as defined in subparagraph (h) of Section 5.132.030 above, shall complete and submit to the County TSM Administrator a confidential employee survey when the program is initiated and periodically thereafter, as needed. Employee surveys shall include information on number of employees, residence of employees, mode of travel to work, usual work schedule, and interest of employees in commute alternatives.

(2) Commute Alternative Information. Each employer of 25 or more employees, and every complex of 25 or more employees, in addition to the requirements of subparagraph (b)(1) above, shall in coordination with the County TSM Administrator, distribute to its employees on a regular basis, commute alternative information on ridesharing, transit, bicycling and other commute alternatives.

(Prior code § 5874; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

The Board of Supervisors may assess annual fees on all public and private employers in order to contribute toward the costs of the County's TSM program. The amount of such fees shall be calculated as part of the annual budget preparation for the County's TSM program and shall not exceed five (5) dollars per employee per year.

(Prior code § 5876; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

The failure of any employer or complex to comply with the provisions of this ordinance, within ninety days of written notice to comply, shall be liable to the County for a civil penalty in the amount of $250 per day for each day of noncompliance, commencing with the ninety-first (91) day. After said notice, the civil penalty shall be in addition to any fine that may be assessed.

No employer who acts diligently and in good faith to comply with the provisions of this ordinance shall be responsible for noncompliance by a tenant or other circumstances beyond the employer's reasonable control.

(Prior code § 5877; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)

If any provision, or the Application of any provision, of this chapter is held unconstitutional or violative of any state or federal law, the validity or operative effect of any other provision or Application shall not be affected. Specifically, in the event that it is determined that the provisions of this chapter may not be applied to one or more public entities, the authority to apply the provisions of the ordinance to other public entities or to private employers shall not thereby be affected. The Board of Supervisors hereby declares that the provisions of this chapter are severable, and would have been enacted even though other provisions, or the Application of other provisions, are held violative of law.

(Prior code § 5878; Ord. 3261, 09/11/90; Ord. 3663, 7/18/95)