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HomeMy WebLinkAbout94-15ORDINANCE NO. 94-15 AN ORDINANCE OF THE TOWN OF DANVILLE REPEALING SECTIONS 8-23.1 - 8-23.9 OF ARTICLE IV OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE AND ADDING SECTIONS 8-23.1 - 8-23.22 OF ARTICLE IV OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE, RELATING TO TRANSPORTATION DEMAND MANAGEMENT The Town Council of the Town of Danville DOES ORDAIN as follows: SECTION 1. Chapter 8-23 "Transportation Demand Management" comprising Sections 8-23.1 - 8-23.9 of the Danville Municipal Code is hereby repealed. SECTION 2. A new Chapter 8-23 "Transportation Demand Management" comprising Sections 8-23.1 -- 8-23.22 is added to Article IV of Chapter VIII of the Danville Municipal Code to read as follows: 8-23.1 Findings. The Town Council of the Town of Danville finds that: a. The adoption of this chapter assists in the promotion of public transportation systems; b. There has been a significant increase in new employment and housing opportunities in Contra Costa County and the cities in Contra Costa County. This trend will continue during the next twenty years; C. Recent growth and increased development and redevelopment within the County will lead to increased traffic in the County and the Town; d. Transportation Demand Management CTDM") programs reduce vehicle trips and increase vehicle occupancy rates. A TDM program is simple, effective and cheaper than major road improvements; e0 Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels and will help improve and maintain air quality. These improvements contribute to making the Town an attractive and convenient place to live, work, visit and do business, and will help employers recruit and retain a qualified work force; Cooperation with and coordination of TDM programs with other cities, counties, transit agencies, other agencies in the region, and the private sector will assist the Town in meeting the purposes of this chapter; g. Adoption of this chapter is one component of implementing a comprehensive approach to TDM that should be supported by complementary land use policies, residential TDM strategies, and transportation and transit improvements; and Page 1 of Ordinance No. 94-15 ,~ ho Adoption of this chapter is in the best interests of the public health, safety and general welfare within the Town and the region, and is consistent with the Town's General Plan. 8-23.2 Purpose. This chapter is enacted to: a. Improve ambient air quality by reducing air pollutant emissions from vehicle commute trips to work sites located within the Town with 100 or more employees; b. Promote and encourage the use of alternatives to commuting by single occupant vehicle among Danville residents and individuals working in the Town; C. Support local and regional efforts to relieve traffic congestion in and around the Town, thereby reducing noise, pollution and energy consumption; d. Implement Regulation 13 of the Bay Area Air Quality Management District; and e0 Implement the requirement of the Contra employment complexes with 100 or more programs. Costa Transportation Authority that employees develop trip reduction 8-23.3 Definitions. In this chapter, unless the context otherwise requires: a. "AVR" (Average Vehicle Ridership) is the average 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; b. "Carpool" means a vehicle occupied by two to six people traveling together between their residence and their work site or destination for most of the total trip distance. Employees who work for different employers, as well as non-employed people, are included as long as they are in the vehicle for the majority of the total trip; C. "Commute Trip" means the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site; d. "Complex" means any multi-tenant building or group of buildings located on a single parcel or group of contiguous parcels under common ownership or common management with a total of 1 O0 or more non-retail employees working at the building or group of buildings; e. "Compressed Work Week" means a regular full-time schedule which eliminates at least one round-trip commute trip at least once every two weeks such as: working three 12-hour days (3/36) or four 10-hour days (4/40) within a one week period or eight 9-hour days and one 8-hour day (9/80) within a two week period; f. "Employee" is a person working for 20 or more hours per week on a regular basis, including independent contractors, but excluding field construction workers, field personnel, seasonal or temporary employees, and volunteers; Page 2 of Ordinance No. 94-15 g. h. i. j. k. . m. n. oo p. q. "ETC" (Employee Transportation Coordinator) is a person or entity appointed by an employer or complex to develop, market, administer, and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full or part-time basis; "Employee Transportation Survey" means a Town-approved questionnaire distributed by employers and complexes to employees designed to provide sufficient information to calculate AVR or VER for the work site; "Employer" is a person, trust, firm, business, joint stock company, corporation, parmership, association, non-profit agency or corporation, educational institution, city, county, school district, hospital or health care facility, federal or state government department, agency, or district, or special purpose public agency or district with 100 or more employees at a permanent work site within the Town. A city, county, or city and county is considered the employer not an individual department or agency of the city, county, or city and county. An individual department or agency of the State of California and the federal government is considered a separate employer. Employer includes for-profit, not-for-profit and non-profit enterprises. 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 constitute one employer; "Employer Trip Reduction Plan" is the document which describes the Employer Trip Reduction Program and includes an implementation schedule and other required elements; "Employer Trip Reduction Program" means an Employer's measures to provide transportation information, assistance, and incentives to employees in order to reduce the number of motor vehicles driven to the work site, increase the AVR or decrease the VER, and achieve and maintain performance objectives. An employer Trip Reduction Program may include, but is not limited to, measures which promote carpools, vanpools, public transit, compressed work weeks, telecommuting, bicycling and walking to the work site; "Field Construction Worker" is an employee who reports for work at a temporary field construction site; "Field Personnel" means an employee who spends 20% or less of work-time at the work site and who does not report to the work site during the peak period for pickup and dispatch of an employer-provided vehicle; "Independent Contractor" means an individual who enters into a written agreement with an employer to perform services for at least 90 days or is open-ended; "Non-retail Employees" means an employee not employed in a retail business; "Peak Period" means 6:00 a.m. through 10:00 a.m. Monday through Friday inclusive; "Seasonal or Temporary Employee" means an employee who works for the employer for less than 90 days within a calendar year; Page 3 of Ordinance No. 94-15 Vo r. s. u. w. x. "Single-Occupant Vehicle" means a vehicle occupied by one employee; "Survey Week" is a regular five day Monday through Friday (inclusive) work-week selected by the Town of Danville during January through May, or September through November for an employee transportation survey. The survey week for a work site with Saturday and Sunday work schedules will include only those work days Monday through Friday. The survey week may not contain a federal, state, or local holiday, regardless of whether the holiday is observed by the employer. The survey week may not be Rideshare Week or contain any other rideshare or transit promotional event; "SWAT" means the Southwest Area Transportation Committee, a regional transportation planning committee of the Contra Costa Transportation Authority; "TDM Program Manager" means an employee of SWAT or a public entity hired to perform the following: oversee the regional TDM program development and implementation; develop and recommend TDM programs, policies, and procedures; integrate existing programs and services; facilitate TDM training programs; prepare a marketing plan; produce promotional and informational events; facilitate ridematching and shuttle service programs; provide TDM information to employers and complex sponsors; assist employer and complex Employee Transportation Coordinators with preparation of TDM programs, Employee Transportation Surveys, Employer Trip Reduction Plans; develop standard survey forms and Employer Trip Reduction Plan forms; review TDM programs and survey reports; determine compliance with program requirements; submit summary reports to SWAT and other responsible agencies which evaluate program compliance and accomplishments; participate in efforts towards county-wide TDM coordination; work with designated Town representatives on enforcement issues; and recommend revisions to TDM programs and ordinances to meet established goals and objectives, or other legal requirements; "Telecommuting" means a system of 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; "Transportation Management Association" means an organization through which developers, property managers, employers, or local jurisdictions cooperate in designing, implementing, and assessing Employer Trip Reduction Programs or other transportation demand or system management programs and measures; "Vanpool" means a vehicle occupied by 7 to 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; Page 4 of Ordinance No. 94-15 y. "Vehicle" means a device by which any person or property may be moved upon a street or highway, except the following: 1) a device moved exclusively by human power, 2) a device used exclusively upon stationary rails or tracks, 3) a bus used for public or private transit. Vehicle may include, but is not limited to, a passenger car, motorcycle, van, or pickup truck; Z. "VER" (Vehicle Employee Ratio) means the number of vehicles used by employees who start work at a work site during the peak period divided by the number of those employees averaged over the survey week; aa. "Volunteer" means an individual who does not receive wages, salary, or other form of remuneration (other than reimbursement for expenses) from the employer for services provided; bb. "Work Activity" means an activity for which an employee receives remuneration from an employer. Telecommuting is a work activity; CC. "Work Site" means real or personal property which is 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. 8-23.4 Applicability. a. This chapter applies to all employers with 100 or more employees at a single work site and all complexes with 100 or more non-retail employees. If an employer has 100 or more employees but no single work site with 100 or more employees, the employer is not subject to this chapter. b. For purposes of determining the applicability of this chapter, the number of employees at a work site or a complex is the maximum number of employees reporting to that work site or complex during an average day, Monday through Friday, in the calendar year. c. This chapter also applies to the Town. 8-23.5 Limitations. This chapter does not require an employer or owner or manager of a complex to use TDM techniques which would violate a labor agreement, constitute a breach of an existing lease or require a structural modification or addition to property, the nature of which would require the issuance of a building permit. Page 5 of Ordinance No. 94-15 8-23.6 TDM Advisory Committee. a. The Town may form, independently, or in conjunction with other jurisdictions, a TDM Advisory Committee. The TDM Advisory Committee shall: . Make recommendations on each appeal from the decision of the TDM program Manager on TDM Programs; . Advise the Town Council and the TDM Program Manager on a TDM matter brought to its attention; . Recommend changes to this chapter as may be necessary to meet its purposes and objectives; . Recommend to the Town Council boundaries and representation for the formation of Transportation Management Associations within the Town or with neighboring jurisdictions to help employers and sponsors comply with locally adopted TDM ordinances; 5. Perform such other duties as the Town Council prescribes. bo As an alternative to forming a new TDM Advisory Committee, the Town may designate an existing committee as a TDM implementing body to perform the functions described in subsection (a). Article 2. Employer and Complex Requirements 8-23.7 Registration. a. Upon adoption of this chapter, each employer and each complex shall register immediately with the TDM Program Manager. b. An employer and a complex which first becomes subject to this chapter after its adoption, shall register with the TDM Program Manager within 90 days after becoming subject to this chapter. C. Employer and complex registration shall include the following information: Name and mailing address of the employer or owner or manager of the complex; separate identification of each work site including the address; the name and telephone number of the designated Employee Transportation Coordinator for each work site or complex; and the total number of employees at each work site and complex. 8-23.8 Employee Notification. a. Information. To facilitate the participation of employees and employee organizations in the development of Employer Trip Reduction Programs and Employer Trip Reduction Plans, an employer and the owner or manager of a complex shall provide the following information to employees at the times specified below: Page 6 of Ordinance No. 94-15 . Information explaining the requirements and applicability of this chapter to the complex, or employer before or at the time of registration; . The content and implementation schedule of the Employer Trip Reduction Program; . The proposed content, implementation schedule, and availability of the Employer Trip Reduction Plan at least 30 days before submitting the Employer Trip Reduction Plan to the Town. b. Manner and Content of Notification. Notification may be by an employee bulletin, a notice posted on a bulletin board, an article in a newsletter generally circulated or provided to employees, or by other reasonable means to assure that employees have adequate opportunity to participate in the development of trip reduction programs and measures, and are informed of all trip reduction programs and measures available at the work site. The notice shall identify the Employee Transportation Coordinator to whom comments and suggestions can be submitted and questions addressed. 8-23.9 Exemption. An employer or a complex may request an exemption from the TDM Program Manager on the basis of one of the following provisions: a. Employee Minimum Level. The TDM Program Manager may exempt an employer or complex of 100 or more employees from all requirements of this chapter except registration where less than 50 of these employees normally start work during the peak period. b. Performance Objective Achieved. An employer or complex that meets the 1999 performance objective for VER or AVR is exempt from all other requirements of this chapter except for the following: . The employer or complex must submit to the TDM Program Manager a listing of the measures or reasons for achieving the 1999 performance objectives; . The employer or complex must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey once every three years: An employer or complex that does not continue to demonstrate achievement of the 1999 performance objectives no longer qualifies for the exemption and becomes subject to the requirements of this chapter at that time. C. Construction Site. A construction site is exempt from this chapter. For the purposes of this section, 1) construction means the on-site fabrication, erection, or installation of a physical structure such as a building, roadway, bridge, etc., and 2) "site" has the same meaning as "work site." Page 7 of Ordinance No. 94-15 d. Written Request. Town. Each request for an exemption must be made in writing to the 8-23.10 Employee Transportation Coordinator (ETC). a. Each employer and owner or manager of a complex must designate one or more Employee Transportation Coordinators (ETC) for each complex or employer's permanent work site with more than 100 employees. An employer with multiple work sites within the Town may appoint one ETC for more than one work site even if the work sites are not situated at adjacent locations. b. Each ETC shall complete a training program certified by the Bay Area Air Quality Management District within nine months of the date this chapter becomes effective, or within six months of appointment when appointed after the initial nine-month time frame. C. 8-23.1 a. b. c. d. The employer or owner or manager may apply to the TDM Manager for a waiver from the training requirement of this section when an ETC has one or more years of experience in trip reduction or equivalent skills. Employee Transportation Surveys. Each employer and each owner or manager of a complex must conduct employee transportation surveys to establish whether the performance objectives have been achieved. Each employer and owner or manager of a complex shall submit to the TDM Program Manager a transportation survey as specified by the Town to calculate VER or AVR, to determine compliance with performance objectives, and to establish employee commute patterns. An employer or owner or manager of a complex shall conduct an employee transportation survey annually unless a future year performance objective has already been achieved. An employer or complex owner or manager who has so demonstrated shall conduct a survey every other year as long as future year performance objectives continue to be achieved. An employer or owner or manager of a complex shall conduct an employee transportation survey and calculate the VER or AVR in a manner consistent with procedures in effect at the time that the survey is conducted as required by Section 13-1-602 of Regulation 13 Rule 1 of the Bay Area Air Quality Management District. An employer or owner or manager of a complex which becomes subject to this chapter after its adoption due to an increase in the number of employees or the establishment of a new or expanded work site shall conduct an employee transportation survey during the same week and on the same schedule as other employers and owners and managers of complexes. Page 8 of Ordinance No. 94-15 e. An employee transportation survey must be conducted during a "survey week." The employer or complex owner or manager may not offer a special incentive or disincentive in addition to its regular trip reduction program during the survey week. 8-23.12 Employer Trip Reduction Program. Each employer and owner or manager of a complex must develop and implement an Employer Trip Reduction Program within six months following the completion of the survey week for the first employee transportation survey. 8-23.13 Performance Objectives. Each employer and complex shall implement a Trip Reduction Program to reduce VER or increase AVR in accordance with the following schedule: Reporting Year VER Objective AVR Objective 1994 .87 1.15 1995 .83 1.20 1996 .80 1.25 1997 .77 1.30 1998 .74 1.35 1999 .74 1.35 8-23.14 Requirement to Submit Employer Trip Reduction Plan. Each employer or owner or manager of a complex that does not achieve the performance objectives established for the applicable year must prepare an Employer Trip Reduction Plan for that work site. The employer or owner or manager of the complex shall submit the plan to the TDM Program Manager within 120 days following the TDM Program Manager's determination that the performance objective was not achieved. An employer may submit a consolidated plan that covers multiple work sites. The determination that the performance objective has not been achieved shall be based on information received through the Employee Transportation Survey. The highest ranking responsible official of the employer or complex shall submit the Plan. 8-23.15 Employer Trip Reduction Plan Content. The Employer Trip Reduction Plan shall contain the following: a. Employer registration information (section 8-23.7); b. A detailed description and inventory of measures contained in the Employer Trip Reduction Program, including a list of specific reduction measures already implemented; C. A description, schedule, and commitment to implement additional or enhanced measures, including reasonable, feasible, and cost effective trip reduction measures that can be expected to achieve significant progress toward performance objectives; d. A discussion of the progress to date and an analysis of why the Employer Trip Reduction Program did not achieve the performance objective including special issues, circumstances, or conditions at the work site; and Page 9 of Ordinance No. 94-15 e. A budget indicating all current and projected expenditures for the Employer Trip Reduction Program. 8-23.16 Plan Update. An employer and owner or manager shall update its Employer Trip Reduction Plan every year after plan approval until the performance objectives are achieved. Article 3. Review Standards, Procedure and Appeal 8-23.17 Criteria for Approval of Employer Trip Reduction Plan and Alternative Emission Reduction Program. a. The TDM Program Manager shall approve an Employer Trip Reduction Plan that includes reasonable, feasible, and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity, and the geographical distribution of employees relative to the work site. b. Alternatively, the TDM Program Manager shall approve an Alternative Emission Reduction Program which demonstrates that: (1) the measures included in the program will achieve emission reductions equal to or greater than those that would have been realized if the performance objectives were achieved; and (2) the alternative measures are not required by any other federal, state, or local control measure or regulatory requirement. An Alternative Emission Reduction Program shall require an update or progress monitoring report to be submitted to the TDM Program Manager at least once every two years. 8-23.18 Revised Plan. a. The TDM Program Manager designated by the SWAT Board shall review Employer Trip Reduction Plans for the Town. The Program Manager shall disapprove a plan that does not meet the requirements of this chapter. bo An employer shall revise any disapproved plan and resubmit the plan to the TDM Program Manager within 90 days after notification of disapproval. C. If the revised plan is subsequently disapproved, the employer shall revise and resubmit a plan within 90 days after the second notification of disapproval. d. An employer or owner or manager of a complex whose third submission has been disapproved is in violation of this chapter for failure to have an approved Employer Trip Reduction Plan. e. An employer shall revise and resubmit its Employer Trip Reduction Plan within 90 days of a final determination by an agency or court with jurisdiction to make a determination that an element of an approved Employer Trip Reduction Plan violates a provision of law. Page 10 of Ordinance No. 94-15 8-23.19 Appeal of Plan Disapproval. An employer or an owner or manager may appeal a plan disapproval made by the Program Manager to the Town Council as follows: a. The employer shall submit a written Notice of Appeal to the Town within 30 days after Plan disapproval. b. The Town Council may refer the appeal to the TDM Advisory Committee. The TDM Advisory Committee shall hear the appeal and make an advisory recommendation to the Town Council within 60 days. This recommendation may include recommendations as to the adequacy of the TDM Program and further components, TDM techniques, or conditions that should be required. C. Within 30 days of receipt of the advisory opinion of the TDM Advisory Committee or with 30 days after a Town Council determination not to refer the appeal to a TDM Advisory Committee, the Town Council shall approve, conditionally approve, or disapprove a TDM Program. The decision of the Town Council is final. Failure to act within the 30 day time period results in automatic approval of the Trip Reduction Plan. d0 The time period for filing a revised Employer Trip Reduction Plan is suspended during the appeal process. Article 4. Town TDM Program 8-23.20 Town TDM Program. The Town of Danville shall provide the following as minimum components of a Town TDM Program: a. The program shall include all of the mandatory employer TDM measures as described in this chapter; b. The Town shall designate an Employee Transportation Coordinator to administer a workplace TDM Program for Town employees. This person may be a member of the Town staff. The position need not be a full-time position. The Town's ETC shall perform the same duties and be subject to the same requirements as the workplace ETCs described in this chapter; C. The Town shall implement a TDM information program. This program shall provide literature to residents, employers and schools on RIDES and other ridematching agencies, transit schedules, bicycle facilities and locations of nearby Park and Ride lots. Article 5. Enforcement and Penalties 8-23.21 Penalty for Violations. a. Fine. Each violation of this chapter is an infraction and is punishable by a fine not exceeding: One hundred dollars ($100) for the first violation; Page 11 of Ordinance No. 94-15 . Two hundred dollars ($200) for a second violation of the same provision within one year; . Five hundred ($ 500) dollars for each additional violation of the same provision within one year. b. Continuing Violation. A violation of this chapter which continues or exists for more than one day is a separate violation and offense for each such day. 8-23.22 Other Remedies. In addition to the penalties provided by this chapter, this chapter may be enforced by a civil action authorized by the Town Council directly against the act, omission or condition, or for damages." SECTION 3. Publication. The Town Clerk shall either (a) have this Ordinance published once within 15 days after adoption in a newspaper of general circulation of (b) have a summary of this Ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 15 days after adoption. SECTION 4. Effective Date. This Ordinance is effective 30 days after its adoption. SECTION 5. Codification. Section Two shall be codified in the Danville Municipal Code. Sections One, Three, Four and Five shall not be codified in the Danville Municipal Code. The foregoing Ordinance was first read and introduced on May 17, 1994 and approved and adopted by the Danville Town Council at a Regular Meeting on June 7, 1994, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Ritchey, Greenberg, Doyle, Shimansky, Waldo None None None APPROVED AS TO FORM: g(~ITY ATTORNEY ATTEST: CITY CLERK Page 12 of Ordinance No. 94-15