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HomeMy WebLinkAbout0115.091. ~. - • ~ , , 0 ''"'(t ,'r,..,t January 17, 1991 HONORABLE CITY COUNCIL Palo Alto, California ~LUTION REGARDING TRANSPORTATION DEMANP lWlAGEHENT ORDINANCE REPOR'l' IN BRIEF Members of the Council: The purpose of this staff report is to recommend that Courv=il adopt a resolution {Attachment l} for the purpose of: (a) designating the Golden Triangle Commuter Network as the agency authorized to ar:minister the provisions ot' the Transportation Demand Ordinance on behalf" of the City of Palo Alto, and (b) changing the: i~lementation date of the TOM Ordinance for category 1 employers (1,0-00 or more employees) from January 15, 1991 to January '31, 1991a BACKGROUND On November 5, 1990, the Palo Alto City council formally adopted Ordinance No~ 3996 (Attachment 2}, establishing requirements for transportation demand management in the city of Palo Alto~ Prior discussion by the Council and the first reading of the ordinance occurred on october 22, 1990 (CMR:549:0; dated october 18, 1990). Previously, the Policy and Procedures committee of the Council had discussed the draft ordinance at its regular meeting on August 7, 1990 (CMR:454:0; dated August 2" 1990J~ As a yay to formalize a commitment to TOM as one important means by which to help address area transportation needs, and to develop a sense of uniformity and equity among different organizations and within organizations with 2ultiple work sites in different jurisdictions, the Golden Triangle Task Force developed a model TDM ordinance.. The intent was that each member city and the County would adept, es&entially, the same TDK ordinance; thereby creating the SaDIe. basic requirements for TDH proqram developme.nt" impleJl'!entation. monitorinq, and reporting throughout the membe.r jurisdictions. Each member jurisdiction has now adopted such a TDK ordinance. CMR:115:91 • o As a ~eans to tacilitate implementation of the TDM ordinancE and encourage its uniform interp~etation and application, the Golden Triangle Task Force has established the Golden Triangle commuter Network Council. The Commuter Network Council consist~ of elected officials from each of the member cities and the county. as well as four private sector members representing employers and developers. Council M~mber McCown serves as Palo Alto's representative on the comm~ter Network council. GOLDEN TRIANGLE COMMUTER NE~ The Commuter Network has fully trained professional staff ready to provide a full range of services to assist employers in meeting the requirements of the TDM ordinance. such services include commute coordinator training, program assistance, commute survey assistance, reporting assistance, and aiding in the creation of public/private partne:-ships. AttachIrlent J provides a summary description of these services~ Michael P. E-.ran.l-]oe serves as the Executive Director of the Commuter Network and ~na Hernandez Pena is the Account Manager for Palo Alto employers. The offices of the Commuter Networ~ are located at 101 Metro Drive, suite 248, San Jose, CA 95110; Phone (408) 453-40)0; FAX (408) 453-4145. The city has, and continues to contribute funding to support the Golden Triangle Ccmmuter Network ($ 115,000 for FY 91-92), with the expectation that the COllUtuter Network Would act as the City's authorized designee for the administration of Palo Alto's TDM ordinance. The TDM ordinance includes a provision (Section 10.70.030) for an authorized designee to administer the provisions on behalf of the City. The attached resolution specifically authorizes the Commuter Network to assume that role. IMP-LEMEt."TATI0N DA1'E Section 10.70.050 of the TOM ordinance specified January 15, 1991 as the imple~entatlon date for category 1 employers (1,000 or more employees). Due to the timing 'With which member jurisdictions adopt~d their respective TOM ordinances~ and an inter~$t in maintaining a u;;ifonn. implementation date for all member jurisdictions, the implementation date should be chanqed from January 15, 1991, to .January 31, 1991. Subsequent itr.plementation dates for c3tegories 2, 3, and 4 are to be formally established by future resolution of the City Council, and are not part of this ~~rrent resolution~ The Commuter Network implementation date category 1 employer individual letter implementation date. CMR:115:91 will publish a notice of the ordinance and the in iocal newspapers. In addition, each (1,000 or more employees) will receive an notifying them of the ordinance and 1/17/91 Page 2 ENVlROJiKENTAL A§SJSSKENT The adoption of this resolution does not constitute a project tor the purposes Qf the California Environmental Quality Act. RECOMMENDATION staff recommends the council adopt the attached resolution: (aJ desiqnatinq the Golden Triangle COQmuter Network as the agency authorized to administer the provisions of the Transportation nemand Ordinance on behalf of the City of Palo Alto, and Cb) changing the l~plementation date of the TDM Ordinance for Cateqory 1 employers (l,OvO or more eillployees) froll Ja!luary 15, 1991 to January 31, 1991. Respectfully sub.itted~ /?7'~-t: .' t"-'1,d/. /JcLj-<t ", ,,> -" -,.' / mVIN L. 0E;AY C~ief Tr.ans '. ation Official KENNETH R. SCHREIBER / ! yl Director of Pla~~ing and community Environaent S~~ (A$sistant city ~~r \~taChments: 1. TOM Resolution 2. TOM Ordinance (NO. 3995) J. commuter Network services cc: Planning commission Architectural Review Board Santa Clara County Supervisor -Dianne McKenna Golden Triangle commuter Network -xike Evanhoe stanford University -Julia Fremon~ Andy Ooty~ Zera MUrphy Palo Alto Chamber of Commerce -Edie Dorosin California Avenue Area Development Association City of Menlo Park -Jan Dolan All Palo Alto employers (with 100 or more eMployees) CMR,115:91 1/17/91 Page 3 A TTACHME NT 1 RESOL~TION NO.~~ ... ",~ RESOWTION OF THE COUNCIL OF THE CITY OF PALO ALTO DESIGNATING THE GOLDEN TRIANGLE COMMUTER NETWORK AS THE AGENCY AUTHO!llZED TO A[)MINIS'rER THE PROVI­ SIONS OF THE TPANSPORTATION DEMAND ORDIHA!>ICE ON BEHALF OF 'I'HE CITY Of' PAlD ALTO; AND CHANGING THE IMPLEMENTATION DATE OF SAID OROINANCE FOR CATEGORY 1 EMPLOYERS FROM JA."R'ARY 15 TO JANUA.~Y 31, 1991 WHEREAS, on NoveJtlber 51 1990 the City Council adopted Ordinance No. 3996. establishing requirements for transportation demand manaqement in the City of Palo Alto (-the TDM ordinance-); and WHEREAS .. the TDM ordinance provides that the City -may designate a private entity or governmental agency to administer all or any of the provisions of the ordinance except enforcement thereof; and WHEREAS .. the City Council desires to designate the Golden Triangle Commuter Network to administer the TOM ordinance on behalf of the City of Palo A1tc; and WHEREAS, the TDM ordinance established January 15, 1991 as the implementation date for category 1 employers in the city of Palo Alto (1,000 or more employees). said date being the estimated date by which all category 1 employers within the Golden Triangle area (the cities of Milpitas .. Mountain View, Palo Alto. San Jose, Sunnyvale, and the County of Santa Clara~ 'Would be required to comply with the TDM ordinances adopted in each respective jurisdic­ tion; and WHEREAS, some entities adopted TDM ordinances later than others. and the cities and county in the Golden Triangle area desire to establish January 31 .. 1991 as ~ uniform impleme~tation date for all Category 1 employers in the Golden Triangle area; NOW, THEREFORE; be it resolved by the Council of the City of Palo Alto, as follo'W's: SEcrIOrl 1. The City Council does here}:))' designate the Golden Triangle Commuter Network to administer the TDM ordinance on behalf of the City of Palo Alto. SECTION 2. The City Council does hereby change the TOM: ordinance implementation date for Category 1 employers from .1anuary 15. 1991 to January 31. 1991. SE.Q'FIQ1L..1. The Council hereby finds that this action does not constitute a project for purposes of the California Environmen­ tal Quality Act. 1 ~ ILJI(11 b<k 00302; 4 INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: city clerk AP PROVE D AS TO FORM: senior Asst~ city Attorney ~IOI07 We 00)1)214 2 APPROlIAlO: Hayor City Manager Director of Planninq and co .. unlty Environment cnief Transportation Official ATTACHME.NT 2: ORDINANCE NO .-.1..9.~ __ _ QRDINANCE OF THE COL~CIL OF THE CITY OF PALO ALTO ESTABLISHING REQUIREMENTS FOR TRANSPORTATION OEMAJlO MANAGEMENT BY ADDING CHAPTER 10.70 TO T!'l'LE 10 (VEHICLES AND TRAFFIC) OF THE: PALO ALTO MUNICIPAL CODE WHEREAS, the cities of Milpitas, Mountain View# Palo Alto, San Jose and Sunn~-vale, and the County of Santa Clara have joined together i~ a regional transportation planning effort known as the Golden Triangle Task Force ("Task Force-): and WHER£AS# the Task Force has studied the special traffic problems of the area bounded by highways US 101, SR 237, and 1-880 (the "Golden Triangle-] and the sorrounding areas of Milpitas, Mountain Vie ... , Palo Alto# Sar: Jose, Sunnyvale, and Santa Clara county; and WHERE.A.S.. according to Golden Triangle studies, it is estimated that peak period traffic in the Golden Triangle Area will increase 25 to 35 percent in the next 15 years unless there is significantly g~eater ase of ridesharing and public transit; and WHE'REAS# if traffic conditions in the greater Golden Triangle area are allo"Jed to deteriorate. the eTl",ployment growth and economic viability of Santa Clara County and its cities, including the City of Palo Alto (·City~), will be adversely affected; and WHEREAS. planned improvements tQ the transportation infrastructure will help alleviate traffic congestion in the greater Golden Triangle arE'.a, but cannot alone reduce traffic congestion to an acceptable level: and WHEREAS, the efficiency of the sxisting and planned transportation system in Santa Clara County can be significantly imprOVed in a cost effective manner by utilization of a regional plan of Transportation Demand Management ("TOM"); and WHEREAS, the State of california enacted into law AB 2595 (Sher), Chapter 1568 september 30, 1988 and AS 3971 (Cortese} Ch~pter 1569 September 30, 1988, requiring the adoption, implemen­ tation and enforcement of local transportatior: control measureE for the attainment of state and federal Ambient Air Quality standards; and WHEREAS # the improved air quality. ambient noise levels, and transportation levels o£ service which will result from implementation of a TDM Program in the greater Golden Triangle area will contribute to making the city more attractive to residents, visitors, employers# and employees; and WHEREAS, an. effective TDM Program in the greater Golden 'rrL:urgle area requires a subregional approach and the participation of local governments as ~ell as employers in the affected region, 1 'J" o and re~~ires the cemmitment of the top menaqement of all employers to serve as role models for their employees: and WHEREAS, the Golden Triangle Task Force and its Member Agencies~ the cities ot Milpitas, Mountain View l Palo Alto l San Jose. and Sunnyvale, and the county of Santa Clara, have joined together in the cr.:s!at ion of a TDM Agency I the Golden Triangle commuter Network, to assi~t in the implementation of the adopted Transportation Demand Manage~ent proqram~ and WHEREAS. adoption of a TDM Program is in the interest of the public health, safety, and qeneral welfare, both ~ithin the city and the reqion: NOW I THEREFORE, the Council of the City of Palo Alto does ORDAl~ as follows: SECT!ON 1. Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code is hereby amended by adding ~ftapter 10.70 thereto, to read as fellows: UChapter 10 .. 7Q Transportation I)_and Manaqem.ari.t 10.70.010 Purpos.. The purpose of this chapter is to promote r_he development of t~ansportation demand management programs at employer ~ork sites with one bund~ed or more e£pl~yees during the morning peak tt~affic period in order to reduce traffic i::;>acts and improve air quality -within the city. In .order to accomplish that purpose, this chapter establishes certain reporting requirements to enable the city tv evaluate the effectiveness of eXisting TOM Proqrams and to chart progress city'Wide toward achieving the average vehicle ridership goals established in Section 10. 70~030. It is also the purpose of this chapter tc require certa in employers to designate specified individuals to ensure the proper coord inat ion of such reporting and implementation af TuM Frograms. 10.70.020 D.:finitiona. For the purpose ot this chapter,. the foll.owing ~ords and phrases are defined and shall be construed as set forth in this section~ Ca) -Average vehicle ridership (AVR)a ~eans 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 ~or~ trips eliminated during a biweekly period due to the use of compressed 'Work week or telecommuting. (b) ·Carpool-means a motor vehicle occupied by two or more employees traveling together. (c) "Commute-means a home-to-lliork or 'Work-to-home trip. 2 (d) "Commute alternatives-means any form of commute tran~portaticn e~cept by single-occupancy vehicle. (e) "Commute coordinator" means an tor of an employer, ~hose responsibility manaq-ement of any 'I'DK program. amployee ¢r contrac­ is the day-to-day Cf) ~Compressed work week-means a work schedule for an employee which eliminates at least one roundtrip commute bi-wrleeltly. For example, forty hours of wo~k in four ten-hoYr days o~ a 'Work plan that allows one day off every other ~eek, known as the nine­ eighty plan. (g) -oesignee(s) -means any private entity or governmen- tal agency designated by the city to administer all or any of the provisions of this chapter except those related to the bringing of enforcement actions under this chapter. (h) -Employee" means one who is assigned to the designated work site in the a.m. peak period. An employee is one who .orles in the. ~ervice of an employer fo!" either ,.-ages or sa.lary r as a cO-ntract employee under the dirsction 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, including the city and the county of Santa Clare, which has a ~ork site in the city. For purposes of this chapter, the maximum number of employees on the day shift at the designated work site shall determine the size of the employer. . (j} -Flexible werk: hcur-s· means a variation of an employee 1 s work hours to p~~vide an incentive for the employer to use commute alternatives. (k) '"Golden Triangle rmplementation Area w means the cities of Palo Alto r Mountain Vie'W~ Sunnyvale, Milpitas, and that portion of the city of San Jose and unincorporated Santa Clara County lying northerly of the line defined by the following right­ of-way: Highway 880, beginning at a point approximately 600 feet southwesterly of The Alameda which is tangent with the santa Clara city limits, to its interchange with Highway 101: along Highway 101 to its grade separation with Berryessa Road; Berryessa Road frore Highw~y 101 to Piedmont Road: along Piedmont Road to the Milpitas city limits. (1) ·Peak period" means the hours from 6:00 a.m. to a.m~, Monday throtJ..gh Friday, excluding federal holidays. period trips shall mean e!l1ployees' commute trips to a work where the employees' work day. begins~ 9:00 Peak site (m) "Personll' means an individual, trust, firm, joint stock ccmpany, corporation, partnership, association or other business entity, city, county, district, the state, any department , • o or agency thereof. or the United States, to the extent authorizeo by law. (n) ·Single-occupancy vehicle" means a motor vehicle occupied by one amployee for commute purposes. (oj "Telecommuting" means a system of either workinq at home or at an off-site ~ork station with computer facilities that link to the work site. (p) tlTransportation i).emand Management-("'TOM"J means the provision of informatio:l'n. assistance, incentives or other measures designed to increase ,Average Vehicle Rid.ership (AVR) and 'Which is intended to reduce the number of motorized vehicles driven to the 'Work site. (q} "Transportation Demand Management Program" {-TDM Program") means a plan implemented by an employer designed to carry out TDH. TOM Programs may include any or all of the follo~ing TDM services and incentives: (1) Rideshare matching (2) Preferenti~l parking for ridesharinq vehicles (3) carpool/vanpool subsidies or rewards (4) Transit ticket sales (5) Transit ticket subsidies (6) Shuttle to transit line (7) Flexible -work hours tor people who do not drive alone (8) Compressed -work wee~s (9j Work-at-home programs (10) Telecommuting {~1) Establishing fees for e~ployee parking (12) Me~grship in a Transportation Management Association that provides TOM service~ and incentives (13) Contribution to a Transportation systems Management program administered by a Kember Agency (14) Cyoling and ~alking subsidees or rewards • (15) Site design amenities that ...... ould encourage: transit use, ridesha~in9, cycling and wal~in9 (16) Other programs approv~d by the city's desiqnee to reduce the number of emploj'ees 'Who drive alone to the work place {T} -Transportation Management A6s~iation· taTKA-) ~eans an orqanization through which developers, employers and/or local governments cooperate in designing, implementing. and evaluating a TDM Program~ (s) improvements increase the UTransportatian System Management-means low cost to the transportation system (roads and transit) which operational efficiency and/or capacity of the system. (t) wVanpool-means a van occupied by seven to fifteen employees ~ho commute together to ~crk. (u) ·Vehicle-means a vehicle as defined in the California Vehicle Code. but fo~ the calculation of AVR does not include public or private transit buses or ncnmotorized bicycles. {v} ·Work site" means any place of employment, base of operation or predominant location of the employer. All buildings or fa~ilities operated or occupied by the employer within the city and within at. radius of 1.5 miles of a singlE:!. cantrally located building or fa.cility operated or occupiea by the same e1nployer shall be deemed a single work site. For the purposes ot this chapter, the actual boundary area of a vork site wi~l be identified in sUbDitta~s made pursuant to this chapter and approved by the City or its designee. 10.70.030 Average vehicle ri4ership qoals. Th"2c following AVR goals are established in order to achieve and measu~e progress toward a net increase in the use of comm~te alternatives and a reduction in vehicle trips to the ~orK site during the 6!OO a.m. to 9:00 a.m. commute: (1) By July 1, 1993, AVR goal shall be 1.18. (2) By July 1, 1995, AVR goal shall be 1.26. (3) By July 1, 1997, AVR goal shall be 1.33 .. lO .. 70.03C Adminis~ratio~. The provisions of this ordinance shall be administered by the city, or by any designee authorized by the city council to administer the provisions of this chapter 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 chapter. 10.70.040 Applicability. The provisions of this chapter shall apply to all ~ork sites within the city with one hundred or more employees during the hours of 6!OO a.m. to 9:00 a.m. 5 . • .> o lO~70.050 I.plementatio~ scbedul.. It is the intent of this chapter to establish an imple~entation date for every employer subject to the provisions of this chapter4 For purposes of establishing an implementation date, the employers shall be divided into the fol1o~ing four categories, based upon the employers' work sites ~ithin the city: (a) occ1.lpied by employees; Category 1 consists ot all work sites operated or the city and ~ll other worx sites having 1,000 OL more (bJ Category 2' consists of all 'Work sites ha .... ing 500 to 999 employees; ee) Category 3 consists of all work sites having 250 to 499 employees; (d) category 4 consists of all work sites having loa to 249 em.ployees. ,\11 actions required by this Chapter to be taken by an employer with respect to any work site ~ithin 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 January 15~ 1991. It is the intent of this chapter that the implementation dates for Categories 2, 3 and 4 shall be set at approxi~ately six month consecutive intervals followinq the implementat:ion date for Category 1; however, the exact implementa­ tion date for each category shall be established by resolution of the city council and shall be published in a newspaper of general circulation wi thin the city pursuant to Section 6061 of the California Government Code. 10.70.060 Designation ot lIuaqer anod commute coordin&tor~ (a) Within fo!'ty-fi·.e daiS after the establiShed implementation date~ every employer ~ithin each of the categorieS in Section 10.70.050 shall appoint a designated manager tor each ~ork site. An employer havinq more than one work site within the city may appoint one manager for all work sites oc individual Managers for one or more of the ~ork sites. The manager shall have the obligation to and shall carry out the following duties z responsibilities and functions: (1) Manage the operation of any TDM Program imple­ mented at the work site; (2) Compile, review, approve and submit the base­ l ine and annual TOM reports for the 'Work site(s) to the city or its designee; 6 (3) File ~ith the city or its designee such other material or information as is req~ired by this chapter: (4) Serve as manag~ment liaison with the city or its designee concerning TOM. (b) Within forty-five days after the implementation date~ the employer shall appoint a commute coordinator fer each work site(s) within the city. 'l'he commute coordinator shall have the day to day responsibility for administering any TDK Programs implemented by the employer. If the commute coordinator has not had a total of twelve months' experience as a TOM program coordina­ tor the coordinator shall complete, within si~ty days of appoint­ ment, a commute coordinator training course. The course may be conducted by any recognized TOM conSUltant or association or publi'C entity or employer in-holJse training proqram 'With a TDM training program 'Which is appr-oved by the city or its designee~ A designat­ ed manager may also directly administer the ~~ployer's TDM programs ~ithout a separate commute coordinator being required. However. any such manager shall meet the qualifications set forth in this subsect ion. (c) With.1n thirty days after making the appointlllents required by this section, tha employ~r shall notify the city or its designee in writing of the appointments. Such notification may be delivered in person or may be mailed first class, postage prepaid, to the cfficer and address designated by the city or its designee. The employer shall assume responsibility for determining that such notification bas been received by the city or its designee. The notice shall include the following information regardinq each appointee: (1) Name (2) Business hours (3) Business telephone number (4} Business mailing address The employer shall provide similar 'Written notice to the city or its desiqne'::! withi!1 thirty days of any Change in any such appointment 4 (d) In the event any employer or work s1 te becomes subject to this chapter 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 ~ork site becomes subject to this chapter~ 10.70.070 Baseline TOK report. Within 185 days of the implementation date for-any work site, every employer within any of the categories set forth in Section 10.704050 shall file with the city or its designee a baseline TDH report for each work site 7 • within the city. Tne baseline report shall be in such format as cay be established by the city or its dcsigne~. An employer having multiple ~ork sites within the city may, with the consent of the city or its designee, establish a schedule for submittal of baseline TOM reports for its various work sites ~hich may vary fro~ that set forth in this section; provided, that the baseline TDH reports for all work sites ~ithin the city shall be submitted not later than the latest scheduled iil inq date for any work site pursuant to this section. The information to be provided in the baseline TDM reports for each ~ork site shall include the follow­ ing: (a) Number of employees br 'Wor-k hours and 'Work site of the day shift; (b) A residence zip code br~akdown of employee base by W'ork site; ee) The average vehicle ridership (AVR) as determined by one or more of the following means: {1) An emplOlree survey developed by the city or its designee. The distribution of such sUr" .. e}~ shall be accompanied by information affordi.ng each employee the option, at the request of the employee~ to receive a carpool or vanpool match list and/or transit information. (2) An employee survey developed by the employer and approved by the city or its designee4 The distribution of the survey shall include information affording each employee the op­ tion, at the request of the employee, to rec~lve a carpool or vanpool match list and/or transit information. (3) A statistically valid random sample survey utilizing a methodology approv-ed by the city or its designee. Cot) Parking lot counts utilizing a methodology approved by the city or its designee. (5) Gate counts using a methodology approved by th~ city or its designee. (d) A description of all TDM services and incentives offered to employees. (e) A listing of all parking charges imposed on employ- ees. (f) A description of the factors that might influence use of commute alternatives. B (1)1011 hJ.: OOJOi~1 .. ... ,/' (g) such other infonnation as may be required by the c~ty or its designee. Regardless of the reporting schedule used for parking lot counts, the measurement of the AVR for the 6:00 a.Iil. to 9:00 a.m. peak period shall be performed bet~een 9:00 a.m~ and 10:45 a.m. ~n Tuesday~ Wednesday and Thursday of the same week. Regao.rdless of the reporting schedule used for gate counts, the measurement of the AVR shall be p.erformed from 6~OO a.m. to 9:00 a.m. on Tuesday, Wednesday and Thursday of the same week. 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 pro~otion er othe~ similar occurrence. Any ~ork site or employer which becomes subject to this chapter after its effective date shall file a baseline report for any work sites subject to this chapter within 1&5 days of becoming subject to this chapter or having an additional ~crk site become subject to this chapter. 10.70.080 AlIllual TDX reports. Every employer required to file a baseline TDM report shall submit an annual TOM report to the city or its designee every t· ... elve (12) months thereafter. The info~tion submitted shall be current to within nine (9} months of the annual report due date. Tbe annual reports shall ccr.tain the same type of information as is required in the baseline TOM report. 10.70.090 Enforcement. (a) Cri.minal Penalties. Any person who violates any prov~s20n of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as set forth in Section 1.08 of this code. (b) Ciyil Penalties. Any person ~ ... ho violates any provision of this chapter shall be liable for a civil penalty not to exceed five hundred dollars per day for each violation, which shall be assessed and recovered in a civil action Drought in the name of th-e people by the City Attorney. In any civil action brought to seek such civil penal ty ~ and/or to obtain injunctive reI ieC for violation of any provision of this chapter in 'Which action the City prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action. (c) Remedies N~t Exclusive. Remedies under this chapter are in addition to and do not supersede or limit a~y and all other remedies, civil or criminal. SECTION 2. The city council finds that this ordinance is exempt from the California Environmental Quality Act {CEQA) pursuant to Section 15061(3} of the CEQA Guidelines. SECTION 3. This ordinance shall be effective upon tl1e commencement of the thirty-first day after the date of its adoption. • "\",.' . " . , .' ,.~ . --> o IWFROOUCEO: October 2, 1990 PASSEO: November 5, 1990 AYES~ AnderseIl, Cobb~ fazz.ino, Kniss~ LI':!:VY ~ Renzel, SIJtor ius, woolley NOES: None ABSTENTIONS: None McCown APPROVEO AS TO FORM: k~w,c,. ,q Senior Asst. City Attorney '~:b#--- Mayor { . /'1 \, \.-, L-' ,-'--."",-"-____ _ Ci.ty Manage:; D.~$" 10 . ~~.'-.. ~.-l-t. Director Communi . '.' \. (. .. .. ... " A. .4. ATTACHMENT ) " " , • , ., • , I. 0 I I' I... 1 II I \ ... L : I Corporate Outreach Services ~ GoWm Triangle COG1JJ'Iutcr ~WOIi:;----io ;prartners:hip with Santa CIar2 Counly and !he cities of MiTpiIaS. Mountaic VleW. Palo Alto, San Jose. and Snncyvale-providcs the fo[]owing services !D employ­ en.. 1be1le sc:rvas are available 10 assist employers ill complying with the T~ t'Iemand Ma:l-­ ...... (TllM) <lnliD:oa and "'I""vidcd f=. '" at oominaI cbarp. Commute Coordinator Train!ng Commuter Network's Comll1u:le Manage-JDt1It SemirLar is designed to give managcn. and commute coordiRlllors !he lOOTs !hey ae::d 10 devclop and maintW\ successful, cost effective cornmll~ aJtemaIi'¥e3 progr:uns... SemiMr arteIldet.s will abo learn oow to tra:-lr: program results and CSt those results Ie prq;.are n:poru: required b.1 the TDM Ordin:mce. There is a DOmina! $75.00 fee for the two-day SomJN. Scmi.nou" topM;s include:: T r.lnSp(XUtion. mobility, :and air qualiry i=ts Role of me COOrdil'\alOf Commwe aJtemaL'ves Commuter data collectioa and analysis ~tive de'fdopment Manas""""' "'ppm Program Assistance Risk ITl6l:na8~t Repooti1Ig pro=jw<. Targeted m.arketing and promotions: Tax iDcentivcs and Icgisbtioo. Reoow= CommlJter ~ offas.l team of sJOUed accoun! :!!1a.'&8tn. available 10 $ive OUMaoOlIC' assiJ.. taace to c;;oordinalors ill devel~ing and mailltaining Iheir programs. Assistance is available. at 00 charge, ill maDY areaog" including: Prupn desigD Silt cva1LJatioo JI'ICellIi~ development (e.~ .. preIemltial ~g) P\>focy c!evdopment (e.g, n .. ·time) TedmicaJ assislanu (e.!!:., puking -) C~ participaliOB in regional promotions (e,l .. California Rideshate Woeil) Rclc.mls 10 se.rvio: providers Broad promotion :suac.cgics (t;..Z., new ... pIoyee pocI:e") TugUtd mmeting """'~ (4-. "IIanpool formaDOCl mceLings) ·,· •• ··.I,MIa .. .' o Commuter SUrvey Assistance Commuter Netwc:wk provides I'rft. ratd,-IIHH coaual1e!' SIII'"f'e1S. COOImldc'" Netl4'<!d: USC5 these SUIVt:yS 10 crcalt ~ fot QSC by commute c::oordinaIon ia devdapillg pmpa."'I11 tailorod 10 employee and <mpIuy<:<.-!s, 'These rep<x1S ... 1!le simpIoo< _10< <mploycn " _ ".... A...age Vebkl, R-.>.;p (A V1t), IS "'l'IimI by tho TOM Onlinance.ln """P""'rim wilh JUD£S fa Bay A= Commut­ e..rs. M emp10ycesY Jequesl. ttI(:.$lll'VC)"5 -::an abe be IISed to aeate carpool mau::hIisls. Uses for comptl'ter­ .......... JqPXUWcluIe: TUi<fOd marWin,_ ~ Jl<OiIOSS"'I"'ftS Commute p&tk:m data Resooru al1ocation IdtnliftCalioCl ol dfCClj¥'e ince1Ici'<ICS.and policies Reporting Assislance L'mrif!carioo of rac.n affecting commute bebaYi« at individual 'W'Crl: !itt.s A.aoa< VebkIe _1p (A VR) ~ CommJ.!il:r Network':; occoont manageroeot am will.assisl: coord"mators md managers ju gather­ tag iaf«aa:tUoa ror :aDd' prtpariJI, ~ I8.a:wIiH ud AnBlJal RfporIl!J ~ by the TUM Onfinanc.e. Commuter Nelwort: staff will also be "'II.a.ilabIc: Ie analyze individual prognun results aod identify potential I.".OSt efflCiencies.and other areas for improvamerJt. Creating PubliclPrlvate Partnerships Commoaer Netwod was ~-ed to continue the Soutll. oafs efforts to tb':p puNic agetJ:ies and prlY3lC bosincs:ses IlfOdint!; ~. To !his end. COOIlllUIet Nc:twcd., IDgttl'M:r with the Santa Qara CO!.wy MamJacwring Groor and patti...-ipating chambers of commerce. provides an an:ay 01. opportuaitie5 ror coopcntiY'4! vnblres aDd ialGnnatiob tx\':b.anJe-Commlltet Nerwort ... 'ill.ablo act as at:: infOCm.3tiOD condllit by IobbyiCIj; fur ser .... ice improvaneuts and keeping Gotden Triangle employers abreast of local,. regiooaI. sbk,.-od f~ ~ d\al may impaa dteir opera1ing a.vi:romneot. Kty pubtiC/privrue pannu­ ships in::1ucIe:: -g- Transit service change inpm (;()(.)ldW.atioo LegislaO .. apdaIes LegislaUvc iaput coordinaDm WOltsllops Reg;onaI promotions Tr.ansportaIiou Management Associatioo (ThIA) fonnatioo ...-.