City Council of the City of Pleasanton 
Alameda County, California 

Table of Contents 
 

Section	Title
	Findings
17.24.010	Purpose and Objective
17.24.020	Definitions
17.24.030	TSM Requirements
17.24.040	TSM Task Force
17.24.050	Pleasanton Coordinator
17.24.060	Annual Report
17.24.070	Staged goals
17.24.080	City Evaluation of Citywide TSM Progress
17.24.090	Review and Approval/Revision of TSM Program
17.24.100	Enforcement

Findings 

The City Council of the City of Pleasanton hereby finds and determines that: 

1. Traffic studies projecting future traffic levels within the City and adjoining freeways show that traffic will reach intolerable levels of congestion unless substantial measures are taken to reduce commute hour traffic levels; these studies indicate that a forty-five percent (45%) reduction in peak hour traffic is necessary to meet minimum standards of traffic levels of service and that greater reductions may be necessary to avoid intolerable levels of service (LOS E or worse). 

2. Companion studies project that the forty-five percent (45%) reduction is necessary to meet carbon monoxide concentration standards along local streets. Measures being undertaken to minimize the effects of future ambient noise levels along local streets and freeways are being based on future traffic volumes and distributions projected with the forty-five (45%) reduction in peak hour traffic. 

3. The 1991 Bay Area Clean Air Plan determined that motor vehicles are the major source of air pollution in the Bay Area and that commute travel accounts for 25% of total daily trips and 33% of vehicle miles traveled. In order to help decrease emissions by reducing vehicle use, the Bay Area Air Quality Management District adopted Regulation 13, Rule 1, (Trip Reduction Requirements for Large Employers). It mandates that employers with 100 or more employees implement programs to increase average vehicle ridership for commute trips. 

4. Pleasanton’s Transportation Systems Management (TSM) program has been proven to be capable of reducing peak hour traffic levels and is simple, inexpensive, and effective. 

5. Reductions in vehicular trips, both absolutely and within peak hour periods, are beneficial in terms of reducing traffic congestion, vehicular emissions, energy consumption, and noise levels. The improved traffic levels of service, air quality, and ambient noise levels contribute to making the City an attractive and convenient place to live, work, visit, and do business. 

6. Minimizing inconvenience in commute trips and retaining an attractive environment will enable employers to effectively recruit and retain qualified personnel. 

7. The City’s General Plan mandates an uncongested traffic circulation system, energy conservation, and maintenance of noise and air quality levels within established standards. 

8. A concerted citywide approach to TSM which creates an environment conducive to successful operation of employer and commercial/industrial complex TSM programs will equitably allocate responsibility for traffic level reductions and, combined with the assurance of mandatory requirements if found necessary, will ensure that residents or employees working within, and visitors to the City will not be adversely affected by traffic congestion. 

9. Cooperation with and coordination of TSM programs with other communities in the region and through regional agencies will assist the City in meeting the goals of this ordinance. 

10. An established TSM program can help provide continued mobility in times of emergency, such as reduced fuel supplies or damaged infrastructure caused by earthquake. 

11. Adoption of this TSM ordinance is in the best interest of the public’s health, safety, and general welfare, both within the City and the region. 

A. Purposes. In recognition of these findings, the City of Pleasanton does establish a TSM ordinance for the following purposes: 

1. To reduce traffic impacts within the city and region by reducing both the number of vehicular trips and total vehicle miles traveled that might otherwise be generated by commuting. 

2. To improve air quality by reducing air pollutant emissions that result from vehicle commute trips. 

3. To reduce energy usage and ambient noise levels by reducing the number of vehicular trips, total vehicle miles traveled and traffic congestion. 

1. To maintain peak hour Levels of Service ("LOS") on City streets and intersections at no worse than LOS C for as long a period of time as feasible and to exceed mid-LOS D only after TSM measures have achieved a forty-five percent (45%) reduction in peak period employee commute trips at work sites required to have a TSM program. 

2. To preclude peak hour LOS on City streets and intersections from reaching LOS E. 

3. To reduce peak hour traffic volumes generated by employees permanently working within the City by a minimum of forty-five percent (45%) through use of employer developed TSM programs. 

a. To maximize the use of commute modes other than the single-occupancy vehicle through cooperative development of city-wide programs and means. 

b. To minimize the percentage of employees traveling to and from work at the same time and during peak hour periods. 

A. Alternative Work Hours Program: any system for shifting the work-day of an employee so that the work day starts and/or ends outside of the peak periods. Such programs include, but are not limited to: (1) compressed work weeks; (2) staggered work hours involving a shift in the set work hours of all employees at the workplace; and (3) flexible work hours involving individually determined work hours within guidelines established by the percentage reduction in peak period traffic, a non-retail employer may "pair off" with another non-retail employer so that each is treated as if it were a part of a single employer, with each credited for the weighted average percentage reduction in peak period traffic when one employer has a work day with shift ends coinciding with the peak periods and the other has a work day with shift ends outside the peak periods. Credit, or partial credit, for "paired off" employers shall be determined by the Pleasanton Coordinator. 

B. Average Vehicle Ridership (AVR): AVR is the number of employees who start work at a work site during the peak period divided by the number of vehicles those employees use to arrive at the work site, averaged over the survey week as calculated pursuant to Section 17.24.070 D. 

C. Buspool: A privately operated or chartered bus which provides commute transportation on a subscription basis. This term is also known as a club bus. 

D. Carpool: A vehicle occupied by two (2) to six (6) people traveling together between their residence and their work site or destination for the majority of the total trip distance. Employees who work for different employers, as well as non-employed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance. 

E. Commute Trip: The trip made by an employee from home to the work site. The commute trip may include stops between home and the work site. 

F. Complex: Any multi-tenant building or group of buildings with fifty (50) or more employees at the single site which: 

1. is known by a common name given to the project by its developer; or 

2. was approved, or is to be approved, as an entity by the City; or 

3. is covered by a single tentative or final subdivision map. 

H. Disabled Employee: For purposes of the performance objective calculation pursuant to Section 17.24.070 D., an employee with a physical impairment which presents the employee from traveling to the work site by means other than a vehicle and the employee has been issued a disabled person placard or plate from the Department of Motor Vehicles. 

I. Employee: Any person conducting work activity for an employer 20 or more hours per week on a regular full-time or part-time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers. 

J. Employee Transportation Coordinator (ETC): An employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the TSM Program and Annual Report on a full or part-time basis. 

K. Employer: Any person(s), trust, firm, business, joint stock company, corporation, partnership, association, non-profit agency or corporation, educational institution, school district, hospital or other health care facility, or federal, state, city or county government department, agency, or district, or any other special purpose public agency or district. A city, county, or city and county is a single employer for purposes of this rule, not individual departments or agencies of the city, county, or city and county. Individual departments or agencies of the State of California and the federal government are separate employers for purposes of this ordinance. The term includes for-profit, not-for-profit, and non-profit enterprises. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer. The term shall not include employers with no permanent work site within the City and home occupations. 

L. Employer Program Manager: An employee with policy and budget authority who is responsible for the implementation of the TSM Program and for fulfilling the requirements of this ordinance. 

M. Field Construction Worker: An employee who reports for work to a temporary field construction site. 

N. Field Personnel: Employees who spend 20% or less of their work-time at the work site and who do not report to the work site during the peak period for pick-up and dispatch of an employer-provided vehicle. 

O. Independent Contractor: An individual who enters into a direct written contract or agreement with an employer to perform certain services. The period of the contract or agreement is at least ninety (90) continuous days or is open-ended. 

P. Level of Service: A measure of the percentage of capacity of a roadway or intersection being used during the peak hour, as determined by the City Engineer, and in accordance with the definition contained in the Highway Capacity Manual, HRB Special Report 87. 

Q. Peak Hour Periods, Peak Hour, and Peak Periods: The time from 6:00 a.m. through 10:00 a.m., Monday through Friday, inclusive for calculating average vehicle ridership; and the hours from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. during work days for calculating peak hour vehicle reduction. 

R. Seasonal/Temporary Employee: An employee who works for the employer for less than 90 continuous days (three months) within a calendar year. 

S. Single-Occupancy Vehicle: A motor vehicle occupied by one (1) employee. 

T. Survey Week: A regular five day Monday through Friday (inclusive) work week. The survey week for work sites with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week cannot contain a federal, State, or local holiday, regardless of whether the holiday is observed by the employer. 

U. Telecommuting: A system or working at home or at an off-site, non-home telecommute facility for the full work day on a regular basis of at least one day per week. 

V. Vanpool: A vehicle occupied by seven (7) to fifteen (15) employees including the driver who commute together to work for the majority of their individual commute trip distance. Employees who work for different employers are included within this definition as long as they are in the vehicle for the majority of their individual trip distance. 

W. Vehicle: A device by which any person or property may be propelled, moved, or drawn upon a highway, except the following: 1) a device moved exclusively by human power, 2) a device used exclusively upon stationary rails or tracks, 3) buses used for public or private transit. Examples of vehicles include, but are not limited to, passenger cars, motorcycles, vans, and pickup trucks. 

X. Volunteer: An individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided. 

Y. Work Activity: Any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity. 

Z. Work Site: Any property, real or personal, which is being operated, utilized, maintained, or owned by an employer as part of an identifiable enterprise. All property on contiguous, adjacent, or proximate sites separated only by a private or public roadway or other private or public right-of-way, served by a common circulation or access system, and not separated by an impassable barrier to bicycle or pedestrian travel such as a freeway or flood control channel is included as part of the work site. If two or more employers each have 100 or more employees at a single work site, then that work site is considered a separate work site for each employer. 

17.24.030 TSM Requirements 

A. All Employers -- Survey Reports. Every existing or future employer not exempt pursuant to Section 17.24.020K from the requirements of this ordinance shall submit, on an annual basis, such survey information as required by the Pleasanton Coordinator in order to establish whether the performance objectives have been met, to establish commute pattern data, and to provide carpool and vanpool matching information. The survey week and submittal date shall be established by the Pleasanton Coordinator. The survey week shall be during January through May or September through November. The survey week cannot contain any special rideshare promotional event. Such survey information shall include, but not be limited to: 

1. the number of employees; 

2. the city and zip code of each employee’s residence; 

3. the commute mode of each employee; 

4. the maximum number of employees on each shift; and 

5. the typical time at which each employee arrives and leaves the workplace. 

B. Employers of Fifty (50) or More Employees -- TSM Programs. In addition to fulfilling the survey report requirements, every employer of fifty (50) or more employees who begin work from 6:00 a.m. through 10:00 a.m. inclusive, at a single work site shall design, implement, and provide the Pleasanton Coordinator with a TSM Program designed to achieve the AVR goals and the reductions in peak period traffic generated by its employees as set forth in the staged goals of this ordinance (Section 17.24.070). 

1. Every such existing employer shall submit and begin implementation of its TSM Program within two (2) months following the effective date of this ordinance. Every future employer shall submit a TSM Program Plan to the Pleasanton Coordinator and begin implementation of this TSM Program within two (2) months following issuance to such employer of a Zoning Certificate, if required, or, otherwise, within two (2) months following the date the employer opens for business. 

2. The TSM Program shall include the following: 

a. Appointment of an employee as an Employee Transportation Coordinator (ETC) who shall be responsible for primary implementation of the TSM Program. Employers with multiple work sites may appoint one ETC for more than one site. 

I. The ETC must complete a Bay Area Air Quality Management District-certified training curriculum within nine months of the effective date of this ordinance or within six months of appointment if appointed ETC after the initial nine month time frame. 

II. The employer may apply to the City for a waiver from the training requirement when the ETC has one or more years of experience in trip reduction. 

III. An ETC may also serve as the Employer Program Manager provided that the individual meets the Employer Program Manager criteria. 

b. Appointment of an Employer Program Manager who has policy and budget authority within the organization, is responsible for fulfilling the TSM Ordinance requirements, and represents the employer on the TSM Task Force. The Employer Program Manager shall attend a minimum of two meetings per year. 

c. Any reasonable combination of TSM measures designed to provide assistance and incentives to achieve, over a period of time, the Staged AVR goals and a forty-five percent (45%) reduction in the number of vehicle trips that would occur during the peak periods if the commute trips of all employees were made by single-occupancy vehicle trips during the peak periods. Measures shall be designed to meet the staged goals set forth in Section 17.24.070. 

The TSM Program may include, but is not limited to any or all of the following services, incentives, and measures. 

Ridesharing 

1. carpool/vanpool matching 

2. preferential parking for carpools and vanpools 

3. financial subsidies or rewards to carpool/vanpool/buspool passengers including drivers 

4. employer-provided vehicles for carpools and/or vanpools 

5. employer-sponsored vanpools 

6. carpool/vanpool/buspool operating subsidies, e.g. insurance, fuel, maintenance, etc. 

Transit 

7. sale of transit passes/ticket books at the work site 

8. financial subsidies/rewards to transit users 

9. transit route maps and schedules on-site 

10. shuttle to transit line (employer-sponsored or subsidized) 

Trip Elimination 

11. compressed work weeks 

12. telecommuting 

Parking Management 

13. charge for employee parking 

14. elimination of any employer parking financial subsidy 

15. transition from employer parking financial subsidy to general transportation monetary allowance for all employees 

16. free or reduced parking rates for carpools and vanpools only 

17. preferential parking for clean fuel vehicles 

Bicycle and Pedestrian 

18. financial subsidies to bicycle or pedestrian commuters including purchase of equipment for commute trip purposes 

19. bicycle lockers or other secure, weather-protected bicycle parking facilities 

20. bicycle access to building interior 

21. bicycle and/or walking route information 

22. on-site bicycle registration 

23. employee shower facilities and clothes lockers 

24. financial subsidies/rewards for walking and other non-motorized transportation modes 

On-Site Facilities/Services 

25. site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use 

26. on-site services to reduce mid-day vehicle trips, e.g. cafeteria, ATMs, apparel cleaning, etc. 

27. guaranteed return trip program 

28. shuttles between multiple work sites 

29. providing child day care at/near work site 

30. refueling/recharging facilities for clean fuel vehicles used for employee commute trips, e.g. electric, compressed natural gas vehicles 

Promotional and Marketing Activities 

31. rideshare marketing campaigns 

32. on-site transportation fair to promote commute alternatives 

33. participation in California Rideshare Week and Beat the Back-Up Day activities 

Other 

34. membership in a Transportation Management Association that provides services incentives 

35. establishment of employee committee to help design, develop, and monitor the trip reduction program 

36. enhanced trip reduction efforts on forecast criteria pollutant exceedance days, e.g. the District’s Spare the Air program 

37. financial subsidies/rewards for clean fuel vehicles used for employee commute trips including carpool and vanpool vehicles 

38. assistance to employees in locating their home residence closer to the work site and/or along transit routes 

39. assistance in the development of housing close to the work site, along transit routes, or in an employer sponsored housing development to facilitate carpool/vanpool formation or shuttle service 

40. trip reduction measures to reduce non-employee vehicle trips to the work site, e.g. busing for student populations, delivery trips, etc. 

d. All TSM Programs shall include information posting and dissemination as one element of the program. The information program shall include distributing to employees state and federal tax information provided by the City. 

e. At the end of each program year, an Annual Report, as specified in Section 17.24.060, shall be submitted to the Pleasanton Coordinator. 

1. Existing complexes shall submit an Information Program Plan to the Pleasanton Coordinator within two (2) months following the effective date of this ordinance. Complexes not in existence as of the effective date of this ordinance shall submit an Information Program Plan to the Pleasanton Coordinator within four (4) months following initial occupancy of the first building in the complex. 

2. At the end of the program year, each complex shall submit a new Information Program Plan which describes (i) the program activities during the reporting period and (ii) the Information Program it intends to implement during the ensuring year. 

3. Every complex shall have a Complex coordinator who shall be responsible for primary implementation of the Information Program at the complex. The Complex Coordinator shall also serve as the liaison to the Pleasanton Coordinator, tenants, and ETC’s, if any, in the Complex. 

4. Every complex owner, property owners’ association, landlord, and/or manager shall include reference to, and mandatory participation in, the requirements of this TSM ordinance in every lease entered into subsequent to the effective date of this ordinance. 

E. Employers With More Than One Work Site of 100 or More Employees Within the Bay Area -- Compliance Option. Employers with more than one worksite with 100 or more employees within the nine Bay Area counties have the option of complying with this TSM Ordinance or reporting directly to the BAAQMD under Regulation 13, Rule 1. Such employers must inform the Pleasanton Coordinator of their compliance decision in writing within two (2) months following the effective date of this ordinance. Every future employer within this category shall notify the City within two (2) months following issuance of a zoning certificate, if required, or within two (2) months following the date the employer opens for business. Employers may change their compliance option by giving written notice to the BAAQMD and the Pleasanton Coordinator. Such change shall take effect two months from the date the written notice is received by the City. 

17.24.040 TSM Task Force 

A TSM Task Force shall be formed which shall be responsible for ensuring that traffic levels of service during peak periods on City streets shall be as congestion free as can be accomplished through implementation of TSM measures, in accordance with the goals of this TMS ordinance. 

A. Composition. The TSM Task Force shall consist of the following: 

1. the Employer Program Manager from each employer of fifty (50) or more employees. An alternative member may be appointed to represent the Employer Program Manager at meetings, however, the alternate member must also have policy and budget authority within the company in order to vote; 

2. the Pleasanton Coordinator; and 

3. a representative from each of the following organizations may participate as ex officio members: each transit authority serving Pleasanton, Pleasanton Downtown Association, Pleasanton Chamber of Commerce, Complex Coordinator, Business Park Representatives, and ETC’s. 

C. Activities. The TSM Task Force may undertake any and all programs necessary to coordinate and implement the City-wide TSM effort in order to achieve as congestion-free circulation system as feasible. 

1. The TSM Task Force shall undertake the following: 

a. Monitor traffic congestion and results of employers’ TSM programs; 

b. Establish criteria for approving/disapproving TSM programs designed to reach the staged goals of Section 17.24.070; 

c. Coordinate TSM efforts of all employers in the City; 

d. Work with the City to coordinate TSM efforts with local and regional transit authorities; 

e. Pursuant to Section 17.24.090, review employer TSM programs for adequacy and, if necessary, mandate revisions to achieve minimally acceptable TSM programs; 

f. Determine, pursuant to Section 17.24.090B.1., of the need for an employer to exceed the traffic reduction goal in order to avoid LOS E. 

2. The TSM Task Force may undertake other activities which may include recommending to the City Council improvements in the City Services and facilities to assist employers in meeting the goals of this ordinance. 

The Director of Planning and Community Development, or his/her designated representative, shall be the Pleasanton Coordinator. The duties of the Pleasanton Coordinator shall include, but not be limited to the following: 

A. Participate in the TSM Task Force; 

B. Review intersection monitoring data; 

C. Coordinate with other City departments with transportation-related functions; 

D. Provide direct support to large employers; 

E. Review and evaluate the employers’ TSM Programs, employers and complexes’ Information Programs, and employers’ survey reports; 

F. Participate in and coordinate with any regional TSM activities, including RIDES and Metropolitan Transportation Commission programs; 

G. Review compliance with this ordinance, and, if found necessary, refer TSM programs found inadequate to the TSM Task Force for review. 

17.24.060 Annual Report 

Every employer required to have a TSM Program shall submit to the Pleasanton Coordinator an annual report describing (i) its TSM Program and its results during the reporting period and (ii) the TSM Program it intends to implement in the ensuing year. 

A. Time and Period of Submittal. Every employer required to submit an annual report who is doing business in the City on February 28 of any year shall submit said report by April 1 of that year. The annual report shall cover the immediately preceding January 1-December 31 period, or, that portion of the period the employer was in business. 

B. Contents. The annual report shall contain sufficient information to allow the Pleasanton Coordinator to evaluate the extent and results of the TSM Program. The annual report shall contain the TSM Program. The annual report shall contain information as required by the Pleasanton Coordinator, which may include, but not be limited to, the following: 

1. A description of the measures taken to comply with this ordinance; 

2. The TSM marketing measures undertaken by the employer, including, but not limited to, newsletter articles, transportation fairs, new employee TSM orientation, meetings with zip code groups, TSM presentation at staff meetings, distribution of carpool and vanpool applications, TSM incentive programs, and TSM information booths at the workplace. 

3. The average number of employees commuting to the workplace by each of the following modes of transportation: 

a. single-occupancy vehicles; 

b. carpools, including the number of occupants per vehicle; 

c. vanpools, including the number of occupants per vehicle; 

d. public transportation; 

e. bicycles; 

f. walking; and 

g. all other modes; 

4. The total number of employees at the workplace; 

5. The total number of employees per shift and the hours thereof; 

6. The total number of employees participating in an alternative work hours program and a description of that program; 

7. A description of any internal or external shuttle service; 

8. The existence of an employer’s subsidy, if any, to any part of its TSM Program. 

Employers required to have TSM Programs shall make progress toward the goals in accordance with this section. Employers shall implement all feasible TSM measures necessary to achieve the following reductions: 

A. A forty-five percent (45%) reduction in peak period employee commute trips, staged as follows: 

1. at the time of an employer’s first annual report, unless the employer has been in business in Pleasanton for less than four months, a fifteen percent (15%) reduction; 

2. at the time of the second annual report, a twenty-five (25%) reduction; 

3. at the time of the third annual report, a thirty-five percent (35%) reduction; 

4. at the time of the fourth annual report, a forty-five percent (45%) reduction; 

5. an employer that is implementing a trip reduction program within the City at the time of adoption of this ordinance shall not revert to the first year’s goal, but shall continue working toward its current goal. 

1. Determine how many employees arrive/depart outside the peak period (i.e., before 7:30 a.m. and after 8:30 a.m., and before 4:30 p.m. and after 5:30 p.m.). Then, find the daily average by dividing by 5. Each off-peak trip is worth ½ point, therefore, multiply by .5. 

2. Determine the number of employees who arrive/depart during the peak period (i.e., between 7:30 a.m. and 8:30 a.m., and between 4:30 p.m. and 5:30 p.m.) who use transit, walk, or bike. Then, find the daily average by dividing by 5. Each trip is work ½ point, therefore, multiply by .5. 

3. Determine the number of employees who arrive during the peak period (i.e. , between 7:30 a.m. and 8:30 a.m., and between 4:30 p.m. and 5:30 p.m.) who use carpools or vanpools. Divide that number by 2 to get the average between the a.m. and p.m. peaks. Then, find the daily average by dividing by 5. Divide by 2.27 (average vehicle occupancy for the Tri-Valley area). Subtract this number from the daily average. 

4. Peak hour vehicle reduction shall be calculated by adding (1), (2), and (3), then dividing as follows. If less than 60% of the survey forms are returned, the total number of employees at the work site shall be used as the divisor. If 60% or more of the survey forms are returned, the number of returned surveys shall be the divisor. One-half of the survey forms not returned shall be assumed to have the same peak hour vehicle reduction as that calculated from the responses to the surveys returned, and one-half shall be counted as single occupant vehicles for purposes of calculating the peak hour vehicle reduction. 

1. AVR is calculated only for those employees who start work or are assigned to the work site during 6 a.m. to 10 a.m. peak period. 

2. If less than 60% of the survey forms are returned for processing from those employees who start work during the peak period, all survey forms not returned from those employees who start work during the peak period shall be counted as single occupant vehicles for purposes of calculating AVR. If 60% or more of the survey forms are returned for processing from those employees who start work during the peak period, one-half of those survey forms not returned from those employees who start work during the peak period shall be assumed to have the same AVR as that calculated from the responses to the surveys returned, and one-half shall be counted as single occupant vehicles for purposes of calculating AVR. 

3. AVR for the work site shall be calculated by dividing the total "employee-days" for the survey week by the total "vehicle trip-days" for the survey week. 

4. Employee-Days shall be determined as follows: The total number of employees who start work or are assigned to a work site during the peak period each work day Monday through Friday of the survey week. Each day of the survey week that an employee starts work during the peak period counts as one employee-day. For example, an employee who starts work each day Monday through Friday of the survey week between 6 a.m. and 10 a.m. counts as five (5) employee-days. The following procedures are used in totaling employee-days: 

a. Single occupant vehicle (drive alone) equals one (1). 

b. Carpool equals one (1) divided by the number of people in the carpool. 

c. Vanpool equals one (1) divided by the number of employees in the vanpool. 

d. Motorcycle, moped, motorized scooter, or motor bike equal one (1). 

e. clean fueled vehicles are counted as follows: 

I. Electric vehicle equals zero (0). 

II. Compressed natural gas vehicle equals one-fourth (0.25). 

III. Propane vehicle equals one-half (0.50). 

IV. Dual or flexible fueled vehicle equals three-fourths (0.75). 

f. The following all equal zero (0) vehicle trip-days: 

I. Public transit (bus, light rail, ferry, Caltrain, BART) 

II. Private buspool or club bus 

III. Bicycle 

IV. Walking and other non-motorized transportation modes 

V. Employees telecommuting (only on the days those employees are telecommuting for the entire day) 

VI. Employees who work a compressed work week schedule (only on their compressed day[s] off) 

VII. Disabled employee vehicles at all times. 

A. Review of Citywide TSM Progress. The Pleasanton Coordinator shall review compliance with the requirements of this ordinance. Said review shall include review of (i) TSM Programs and Information Programs, (ii) annual reports, (iii) the result of the City’s intersection monitoring program, (iv) employer surveys, and (v) the programs and progress of the TSM Task Force. 

B. Report to City Council and TSM Task Force. The Pleasanton Coordinator shall yearly submit a summary report to the City Council and TSM Task Force describing the results as of that date of the TSM programs, a general summary of the programs of the TSM Task Force and their prospects for success, and the relationship of the TSM programs to the goals of this ordinance. The Pleasanton Coordinator and/or the TSM Task Force may recommend any changes to this ordinance as may be necessary to meet the goals established herein. 

17.24.090 Review and Approval/Revision of TSM Program 

A. Revision of an Employer’s TSM Program for Failure to Achieve Staged TSM Goals. If, after review of an employer’s annual report, the Pleasanton Coordinator determines that, as indicated in such report, the staged goals have not been met, then the Pleasanton Coordinator shall reject the proposed TSM Program and require that revisions and/or additions be made in order to achieve the reduction in AVR and/or peak period traffic within one year of submittal. Notice of such rejection shall be sent to the TSM Task Force. 

1. The Pleasanton Coordinator shall explicitly describe the reasons(s) for rejection of a TSM Program and shall include those measures which must be used to achieve an acceptable TSM Program. 

2. If a TSM Program has been required to be revised by any employer, it shall be revised and resubmitted for review and approval within one (1) month following the Pleasanton Coordinator’s request. 

3. If any resubmitted TSM Program is determined to be inadequate by the Pleasanton Coordinator, he shall refer the matter to the TSM Task Force for resolution. The TSM Task Force may approve the original TSM Program, the revised program, or may incorporate those elements it determines are necessary to achieve the required reduction in the TSM Program and require that the employer implement the program as designed by the TSM Task Force. 

4. Any employer whose TSM Program has been rejected or modified pursuant to this subsection may appeal the decision of the TSM Task Force to the City Council. A hearing shall be held before the City Council within thirty (30) days of receipt of the appeal by the Pleasanton Coordinator. The City Council may approve, modify, or overrule the action of the TSM Task Force. 

1. The TSM Task Force may require additional TSM Program elements of individual employers meeting their staged TSM goals if: 

a. either (i) LOS at any City street or intersection has deteriorated to mid-LOS D (vehicle/capacity ratio of 0.86) or worse and a forty-five percent (45%) reduction in peak period employee commute trips has not yet been required by the staged TSM goals, nor achieved; or (ii) peak period reductions in employee commute trips in excess of forty-five percent (45%) are necessary to ensure any City street or intersection does not reach LOS E, as determined by the TSM Task Force; and 

b. the TSM Task Force determines that the employers are the primary contributors to the congestion at the affected City street or intersection. 

2. The TSM Task Force shall specify a new peak period employee commute trip reduction goal and indicate those kinds of measures which may be used in addition to the then-existing TSM Program to achieve an acceptable modified TSM Program. 

3. Employers required to modify their TSM Programs pursuant to this subsection may appeal in accordance with the procedure set forth in Section 17.24.090A. 

Failure to achieve the peak hour vehicle reduction goals or AVR goals is not an infraction of this ordinance. 

A. Failure to Provide Survey Data, Annual Reports, and/or Provide and Implement TSM Information Programs and TSM Programs. Any employer or complex who fails to provide the survey data or annual report required by this ordinance, after thirty (30) days notice to remedy the failure, shall be guilty of an infraction. Any employer or complex who fails to implement the Information Program or TSM Program, as required by this ordinance, after thirty (30) days notice to remedy the failure, shall be guilty of an infraction. 

1. The fine shall be an amount not exceeding one hundred dollars ($100) for the first infraction, and amount not exceeding two hundred dollars ($200) for a second infraction, and an amount not exceeding five hundred dollars ($500) for a third infraction within a twelve (12) month period. The fourth (4^th) violation within a twelve (12) month period automatically becomes a misdemeanor. Any amounts collected as infraction fines shall be used to fund the development and purchase of TSM marketing materials for Pleasanton employers. 

2. Each failure to supply data, reports, programs, or implement the TSM Information Program or TSM Program, following the Pleasanton Coordinator’s written request for such material and/or acts, shall constitute a separate violation. 

C. Violation of Section 17.24.090. Every employer who fails to comply with any requirement mandated pursuant to Section 17.24.090 of this ordinance shall have thirty (30) days, after notice of such failure, to correct the failure, or satisfactorily explain to the TSM Task Force why compliance is impossible. If the employer does not correct the failure within the time period or is not excused from compliance, the TSM Task Force shall refer the matter to the City Council for one of the following actions: 

1. The City Council may grant an extension of time for compliance solely on the evidence that time is the only condition needed to accomplish the requirements; or 

2. The City Council may find that an extension is not warranted, find a violation of this ordinance, and order compliance. Failure to comply shall be a violation and subject to a civil penalty of Five Hundred Dollars ($500) per day from the date the City Council orders compliance until the failure to comply is corrected. Any amounts collected as penalty shall be used to improve the level of service on roadways in the City. 

ALAMEDA COUNTY, CALIFORNIA 

ORDINANCE NO. 1625 

An ordinance amending the Pleasanton Municipal Code Section 17.14 to incorporate the requirements of the Bay Area Air Quality Management District’s Trip Reduction Rules (Regulation 3, Rule 1) 

THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: 

Section 1: Section 17.24 of the Pleasanton Municipal Code is hereby amended in its entirety to read as set forth on Exhibit "A", attached hereto and incorporated herein by this reference. 

Section 2: A summary of this ordinance shall be published once within fifteen (15) days after its adoption in "The Valley Times," a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption. 

Section 3: This ordinance shall be effective thirty (30) days after the date of its final passage and adoption. 

INTRODUCED at a regular meeting of the City Council of the City of Pleasanton on May 3, 1994. 

ADOPTED at a regular meeting of the City Council of the City of Pleasanton on May 17, 1994 by the following vote: 

AYES: Councilmembers - Dennis, Mohr, Pico, Scribner, and Mayor Tarver 
NOES: None 
ABSENT: None 
ABSTAIN: None 

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