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HomeMy WebLinkAboutOrdinance 1657 (Traffic Reduction; Trip Reduction)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1657 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING MUNICIPAL CODE CHAPTER 5, TRAFFIC REGULATIONS TO ADD TRIP REDUCTION AND TRAVEL DEMAND REQUIREMENTS" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6th day of DECEMBER, 1993, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20th day of DECEMBER. 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 10th day of JANUARY, 1994. JEANNE . LEONCINI, City Clerk ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING MUNICIPAL CODE CHAPTER 5, TRAFFIC REGULATIONS TO ADD TRIP REDUCTION AND TRAVEL DEMAND REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Title 5 of the San Rafael Municipal Code is hereby amended by adding Chapter 5.8 as follows: Chapter 5.81 TRIP REDUCTION AND TRAVEL DEMAND REQUIREMENTS 5.81.010 Short Title. The provisions of this chapter shall be known and may be cited as the "City of San Rafael Trip Reduction Ordinance (TRO)." 5.81.020 Authority. This Ordinance is authorized under Proposition 111 legislation Government Code Section 65089.3(2) and the Streets and Highways Code Section 2105. 5.81.030 Marin County Congestion Management Agency (CMA). This Ordinance incorporates the Marin County Congestion Management Agency minimum trip reduction and travel demand requirements. 5.81.040 Definitions. Terms used in this Ordinance are defined as follows: A. Averaee 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. B. 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. C. 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. D. Compressed Work Week: A regular full-time work schedule which eliminates at least one round trip commute trip (both home to work and work to home) at least once every two (2) weeks. Examples include, but are not limited to, working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one week period; or eight nine -hour days and one eight hour day (9/80) within a two week period. E. Disabled EmDlovee: An employee with a physical impairment which prevents 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- ORIGINAL -#,Z:-, F. Emplover Any person conducting a work activity for an employer 20 or more hours per week on a regular full-time, temporary, or part-time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers. G. Emnlovee Transportation Coordinator (ETCI: An employee, other individual, or entity appointed by an employer to market, administer, and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full- or part-time basis. H. Emplovee Transportation Survev: A questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site. I. Emplover: 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 rule. 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 of San Rafael. J. Emnlover Program Managgrz An employee with policy and budget authority who is reponsible for the implementation of the Employer Trip Reduction Program or Employer Trip Reduction Plan and for fulfilling the requirements of this rule. K. Emplover Trip Reduction Program: A group of measures developed and implemented by an employer that are designed to provide transportation information, assistance, and incentives to employees. The purpose of such measures is to reduce the number of motor vehicles driven to the work site by increasing AVR or decreasing VER. An Employer Trip Reduction Program may include, but is not limited to, any or all of the following services, incentives and measures a. Ridesharing 1. carpool/vanpool matching 2. preferential parking for carpools and vanpools 3. carpool/vanpool financial subsidies or rewards 4. employer-provided vehicles for carpools and/or vanpools 5. employer-sponsored vanpools 6. rideshare marketing campaigns 7. subsidy of vanpool liability insurance -2- b. Transit 8. work site transit ticket sales 9. transit ticket subsidies 10. transit route maps and schedules on-site 11. shuttle to transit line (employer-sponsored or subsidized) c. Trip Elimination 12. compressed work weeks 13. work -at-home programs 14. telecommuting d. Parking Management 15. charge for employee parking 16. elimination of any employer parking financial subsidy 17. transition from employer parking financial subsidy to general transportation monetary allowance for all employees 18. free or reduced parking rates for carpools and vanpools only e. Bicycle and Pedestrian 19. bicycling financial subsidies or rewards 20. financial subsidy to employees for the purchase of bicycles for commute trip use 21. bicycle lockers or other secure, weather -protected bicycle parking facilities 22. bicycle access to building interior 23. bicycle and/or walking route information 24. on-site bicycle registration f. On-site Facilities/Services 25. employee shower facilities and clothes lockers 26. site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use 27. on-site services to reduce mid-day vehicle trips, e.g., cafeteria, ATMs, apparel cleaning, etc. 28. on-site transportation fair to promote commute alternatives g. Other 29. membership in a Transportation Management Association that provides services and incentives 30. establishment of employee committee to help design, develop, and monitor the trip reduction program. 31. guaranteed ride home program 32. financial subsidies or rewards for walking and other non -motorized transportation modes 33. shuttles between multiple work sites 34. providing child day care on/near work site 35. enhances trip reduction efforts on forecast criteria pollutant exceedance days L. Field Construction Worker: An employee who reports for work to a temporary field construction site. M. Field Personnel: Employees who spend 20 percent 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. N. 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) days or is open ended. O. Local Jurisdiction: A city, county, or public agency, including a public agency formed through a Joint Powers Agreement, with authority to adopt, implement, and enforce an employer trip reduction ordinance. P. Peak Period. The time from 6 AM to 10 AM Monday through Friday inclusive O. Seasonal/Temporary Emplovee: An employee who works for the employer for less than 90 continuous days (three months) within a calendar year. R. Sinele-Occupant Vehicle: A vehicle occupied by one employee. -3- S. Survev 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. A survey week that meets the above criteria is to be selected by the employer during January through May, or September through November. The survey week cannot be Rideshare Week, or contain any other rideshare or transit promotional event. T. Telecommuting. 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. U. Transportation ManaLyement Association: An organization through which developers, property managers, employers, and/or local jurisdictions cooperate in designing, implementing and assessing Employer Trip Reduction Programs or other transportation demand or system management programs and measures. V. Vannool: A vehicle occupied by seven (7) or more employees 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. X. Vehicle Emplovee Ratio (VER); VER is 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. VER is the reciprocal of AVR. Y. Volunteer: An individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided. Z. Work Activitv: Any activity for which an employee receives remuneration from an employer. Telecommuting or work at home is a work activity. AA. 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. -4- These definitions are identical to those in the proposed rule Regulation 13 Transportation Control Measures, Rule 1 Trip Reduction Requirements for Large Employers dated August 21, 1992, of the Bay Area Air Quality Management District (BAAQMD). Any changes in definitions within Regulation 13 that occur with adoption of the rule will supersede the definitions contained in this Ordinance. 5.81.050. Trip Reduction Requirements. The following Trip Reduction Requirements are hereby established and are imposed upon employers within the City of San Rafael: A. This Ordinance shall apply to all employers within the City of San Rafael with 100 or more employees at an individual work site. Where such an employer has multiple work sites, only those sites which have 100 or more employees are subject to this Ordinance. B. Each employer subject to this Ordinance shall disseminate trip reduction information regarding transportation alternatives including carpools, vanpools, transit and bicycling and other methods of reducing trips such as telecommuting, compressed work week, and flexible work hours annually to each employee and to all new employees as they are hired C. Each employer subject to this Ordinance shall annually conduct an Employee Trip Survey using a uniform survey form prepared by the Marin County CMA. A summary of the trip results shall be submitted annually to the City of San Rafael. Any survey and procedures prepared for submission to and accepted by the BAAQMD shall serve as a valid survey for this Ordinance upon submission to the City of San Rafael. D. Each employer subject to this ordinance shall designate a "Employee Transportation Coordinator" to be responsible for administering the employer requirements of the Trip Reduction Ordinance. 5.81.060. Nonduplication. If any other agency (such as the BAAQMD) which has jurisdiction over Trip Reduction Requirements for employers within the City of San Rafael adopts trip reduction requirements that meet or exceed the requirements of this Ordinance, then any employer within the City of San Rafael that meets those requirements will be deemed to be meeting the requirements of this Ordinance by annually forwarding to the City of San Rafael a copy of all trip reduction information and documentation required by the other agency. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid -5- DIVISION 4. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its passage. ALBERT J.BO O, Mayor Attest: JEANNE M. LEONCINI, City Clerk The foregoing Charter Ordinance No. 16 5 7 -was read and introduced at a Regular Meeting of the City Council of the City of San Rafael held on the 6th day of December, 1993, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 2 0 thday of December, 1993 )ANNE M. LEONCMI, City Clerk est