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Home My WebLink About97-10ORDINANCE NO. 97-10 REPEALING SECTION 8-23 OF ARTICLE IV OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 8-23 OF ARTICLE IV OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE, RELATING TO TRANSPORTATION SYSTEMS MANAGEMENT The Danville Town Council does ordain as follows: SECTION 1. Purpose and Intent. Pursuant to the requirements of Contra Costa Measure C on the 1988 General Ballot, each jurisdiction within Contra Costa County was required, as a condition of receiving Measure C Local Street Maintenance and Improvement funds from the one half cent sales tax imposed by Measure C, to adopt a Transportation Systems Management CTSM") Ordinance or other mitigations to promote carpools, vanpools, and park and ride lots. The Authority adopted a model TSM Ordinance and the Town of Danville adopted an ordinance to be in compliance with the model ordinance. In 1989, the California Legislature enacted amendments to the California Government Code imposing separate requirements under the state congestion management programs for local jurisdictions to adopt trip reduction and travel demand ordinances. The Authority revised its model TSM Ordinance to incorporate trip reduction and travel demand requirements. The Town of Danville adopted Ordinance No. 94-15 to be in compliance with the new model ordinance. In 1995, the California Legislature amended congestion management requirements to prohibit local jurisdictions from enforcing mandatory employer trip reduction programs. In order to implement the mandate of the 1995 Legislation, it is necessary to repeal the previously adopted ordinance to eliminate requirements for mandatory employer based trip reduction plans and to approve and adopt new purposes, goals and objectives for TSM. SECTION 2. Findings. A. TSM has the potential to reduce vehicle trips and vehicle emissions more efficiently and cost effectively than major roadway improvements; B. For many years prior to the passage of Measure C, local jurisdictions developed and implemented a variety of TSM projects and programs, e.g., operation of transit systems, construction of bicycle facilities, land use policy coordination and related improvements. C. Since 1992, the Authority has committed both Measure C and Transportation Fund for Clean Air ("TFCA") funds to four subarea programs for the implementation of Measure C and Clean Air Plan goals; D. In compliance with the requirements of previous ordinances, large employers were required to develop and implement trip reduction programs at work sites that are still operational. E. The Countywide Comprehensive Transportation Plan incorporates each Regional Committee's Action Plan for Routes of Regional Significance, which support specific TSMJTDM goals and objectives; F. Over the past four years, the subarea TSM programs have been successful in reducing vehicle trips and emissions at the employment sites, as well as in school and residential areas where programs have been implemented; G. Since the adoption of the previous TDM Ordinance, TSM/TDM efforts have been expanded to include aspects of the transportation system other than employer programs, e.g., enhancement of transit and bicycle facilities, incorporation of new technologies into the system, land use policy coordination and related enhancements; H. In adopting this Ordinance, cooperation and coordination with other local jurisdictions and regions in TSM are acknowledged as having the potential to enhance the efficiency and cost- effectiveness of its efforts; accordingly, the Town Council directs staff to take steps to implement TSM in accordance with the policies, goals and objectives set forth herein. SECTION 3. REPEALING SECTION 8-23 OF ARTICLE VI OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE. The existing Section 8-23 of the Danville Municipal Code is hereby deleted in its entirety. SECTION 4. ADDING SECTION 8-23 OF ARTICLE VI OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE. The following Section 8-23 is hereby added to the Danville Municipal Code. The new Section shall read as follows: SECTION 8-23 TRANSPORTATION SYSTEMS MANAGEMENT 8-23.1 Purpose. In light of the state's elimination of mandatory employer-based trip reduction requirements, the following is adopted in order to assist the Town in continuing the implementation of a TSM Ordinance and program: 1. To promote maximum efficiency in the existing transportation system and to further the transportation goals of the Measure C Growth Management Program, Contra Costa's Congestion Management Program and the Bay Area Clean Air Plan by: (a) Promoting and encouraging the use of transit, ridesharing, bicycling, walking, flexible work hours and telecommuting as alternatives to solo driving; PAGE 2 OF ORDINANCE NO. 97-10 (b) Incorporating these goals and objectives into the land use review and planning process; (c) Developing proactive programs and/or projects aimed at achieving these goals either alone or in conjunction with other jurisdictions, or with the Southwest Area Transportation Planning Committee; (d) Considering the incorporation of appropriate technology designed to facilitate traffic flow, provide transit and highway information, provide trip generation alternatives, and related technology into the transportation system; (e) Cooperating with other jurisdictions, the private sector, and transit operators in planning and implementing transportation programs. 2. To reflect an ongoing commitment to expand TSM efforts beyond employer-based trip reduction programs, in order to achieve traffic congestion management and air quality goals. 3. To comply with applicable state and federal laws as well as with Measure C Growth Management Program requirements pertaining to TSM. 8-23.2 Goal. The goal of the TSM Ordinance is to ensure the continuation of a proactive TSM program effort aimed at reducing vehicle trips, vehicle emissions and traffic congestion in the most efficient and cost effective manner. 8-23.3 Objective. The objective of this section is to establish the following policies: 1. To participate, in conjunction with other jurisdictions and the Southwest Area Transportation Planning Committee, in a proactive effort to support and develop projects which will achieve the Measure C TSM/TDM goals as described in the Southwest Area Transportation Planning Committee's Action Plan, the Countywide Comprehensive Transportation Plan, the Measure C Strategic Plan, the Congestion Management Plan and/or the Bay Area Clean Air Plan. Such participation may include, but need not be limited to: (a) Promotion and encouragement of the use of transit, ridesharing, bicycling, walking, flexible work hours, telecommuting or other alternatives to solo driving; (b) Projects incorporating appropriate technology designed to facilitate traffic flow, provide transit and highway information and related technology. 2. To incorporate these goals into its land use review and planning process. SECTION 5. SEVERABILITY. The Town Council hereby declares that every section, paragraph, clause and phrase are severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. PAGE 3 OF ORDINANCE NO. 97-10 SECTION 6. pUBLICATION. The City Clerk shall either (a) have this Ordinance published once within 15 (fifteen) days after adoption in a newspaper of general circulation or, (b) have a summary of this Ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 (fifteen) days after adoption. SECTION 7. CODIFICATION: Section Four shall be codified in the Danville Municipal Code. Sections One, two, three, five, six and seven shall NOT be codified in the Danville Municipal Code. The foregoing Ordinance was first read and introduced on November 18, 1997 and approved and adopted by the Danville Town Council at a regular meeting held on Tuesday, December 16, 1997, by the following vote: AYES: Waldo, NOES: None ABSTAIN: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 97- 10 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 4 OF ORDINANCE NO. 97-10