HomeMy WebLinkAboutORDINANCES - 04191994 - 94-27 1. 72
ORDINANCE NO. 94-27
AN ORDINANCE OF THE COUNTY OF CONTRA COSTA
REQUIRING TRANSPORTATION DEMAND MANAGEMENT
The Board of Supervisors of the County of Contra Costa does ordain
as follows:
section 2. Purpose: This ordinance is enacted by the County of
Contra Costa for the following purposes:
(a) To improve ambient air quality by reducing air pollutant
emissions that result from vehicle commute trips to work sites
with one hundred (100) or more employees located within the County
of Contra Costa;
(b) To promote and encourage the use of alternatives to
commuting by single occupant vehicle among Contra Costa County
residents and individuals working in the County of Contra Costa;
(c) To support local and regional efforts to relieve traffic
congestion in and around the County of Contra Costa, thereby
reducing noise, pollution and energy consumption.
(d) To facilitate local implementation Regulation 13 of the
Bay Area Air Quality Management District.
(e) To implement the requirement of the Contra Costa
Transportation Authority that employment complexes with 100 or
more employees develop trip reduction programs.
section 2. Applicability: This ordinance applies to all public
and private employers with one hundred (100) or more employees at
a work site and all complexes with one hundred (100) or more
non-retail employees housed therein. If an employer has one
hundred (100) or more employees but no single work site with one
hundred (100) or more employees, this ordinance does not apply to
that employer. For purposes of determining the applicability of
this ordinance, the number of employees at a work site or a
complex is determined as the maximum number of employees reporting
to that work site or complex on any single week day Monday through
Friday during the current calendar year.
section 3. Definitions: For the purposes of this ordinance the
following words and phrases shall have the meaning shown unless
the context requires otherwise:
(a) Average vehicle Ridership (AVR) : means 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
February 10, 1994
94-27
the work site, averaged over the survey week as calculated
pursuant to this ordinance.
(b) Carpool: means 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: 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 one hundred (100) 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
(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.
(f) Employee: means any person conducting work activity for
an employer twenty (20) or more hours per week on a regular or
full-time or part-time basis, including independent contractors,
but excluding field construction workers, field personnel,
seasonal/temporary employees, and volunteers.
(g) Employee Transportation Coordinator (ETC) : means an
employee, other individual, 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.
(h) Employee Transportation survey: means a County-approved
questionnaire distributed by employers and complexes to employees
designed to provide sufficient information to calculate AVR or VER
for the work site pursuant to Section 4 and S.
(i) Employer: means any person(s) , trust, firm, business,
joint stock company, corporation, partnership, association, .
non-profit agency or corporation, educational institution, city,
county, school district, hospital or health care facility, federal
ORDINANCE NO. 94- 27
February 10, 1994 —2—
a '
or state government department, agency, or district, or any other
special purpose public agency or district which has any natural
person in service. A city, county, or city and county is a single
employer for purposes of this ordinance, 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. Employer 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 included
employers with no permanent work site within the County.
(j) Employer Trip Reduction Plan: means a document
describing in detail the Employer Trip Reduction Program,
including an implementation schedule, and all the elements listed
in Section 12 which is submitted to the County for review and
approval pursuant to Sections 12, 13, 14, 15 and 16.
(k) Employer Trip Reduction Program: means 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, and to achieve and maintain the
performance objectives listed in Section 4. 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.
(1) Field Construction Worker: means an employee who
reports for work to a temporary field construction site.
(m) 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 pickup and dispatch of an
employer-provided vehicle.
(n) Independent Contractor: means 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.
(o) Non-retail Employees: means an employee not employed in
a retail business use.
(p) Peak Period: means the time from 6:00 a.m. through
10:00 a.m. Monday through Friday inclusive.
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February 10, 1994 —3—
(q) Seasonal/Temporary Employee: means an employee who
works for the employer for less than 90 continuous days .(three
months) within a calendar year.
(r) Single-Occupant Vehicle: means a vehicle occupied by
one employee.
(s) Survey Week: means 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 means a week
meeting the above criteria selected by the County during January
through May, or September through November for the employee
transportation surveys required by Section 9 of this ordinance.
The survey week cannot be Rideshare Week or contain any other
rideshare or transit promotional event.
(t) TDM Program Manager: means an employee of a regional
transportation agency (TRANSPAC, Tri-Delta Transit, Southwest Area
Transportation Committee, or West Contra Costa Transportation
Advisory Committee) hired to administer the regional TDM program.
(u) 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.
(v) Transportation Management Association: means 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.
(w) Vanpool: means 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.
(x) Vehicle: means 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.
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February 10, 1996 —4—
1
(y) Vehicle Employee Ratio (VER) : 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 as calculated pursuant to this ordinance.
(z) Volunteer: means an individual who does not receive any
wages, salary, or other form of remuneration (other than
reimbursement for expenses) from the employer for services
provided.
(aa) Work Activity: means any activity for which an employee
receives remuneration from an employer. Telecommuting is a work
activity.
(bb) Work Site:. means any property, real or personal, which
is being operated, utilized, maintained, or owned by an employer
as part of an identifiable enterprise. All such 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 one hundred (100) or
more employees at a single work site, then that work site is
considered a separate work site for each employer.
Section 4. Performance objectives: Employers having work
sites with one hundred (100) or more employees and complexes shall
implement Trip Reduction Programs having the collective effect of
achieving VER reductions, or AVR increases in accordance with the
following schedule:
Reporting Year VER Objective Avg 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
Section S. Registration: Each employer with one hundred (100) or
more employees at a single work site and each complex within the
County shall register with the County within thirty (30) days of
adoption of this ordinance. An employer who becomes subject to
this ordinance subsequent to its adoption due to an increase in
the number of employees or the establishment of a new or expanded
work site, shall register with the County within ninety (90) days
after becoming subject to this ordinance.
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February 10, 1994 -5-
Employer registration and registration of complexes 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 subject to this ordinance
including street 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 or
complex.
Section 6. Employee Notification: An employer with one hundred
(100) or more employees, and the owner or manager of a complex
shall facilitate the participation of employees and employee
organizations in the development of Employer Trip Reduction
Programs and Employer Trip Reduction Plans by providing the
following information to its employees at the times specified
below:
(a) Information explaining the requirements and
applicability of this rule to the complex, or employer and its
work site(s) prior to or at the time of registration pursuant to
Section 5.
(b) The content and implementation schedule of the Employer
Trip Reduction Program required by Section 10 during its
development.
(c) The content, implementation schedule, and availability
of the Employer Trip Reduction Plan required by Section 11, as
applicable, at least thirty (30) days prior to the submittal of
the Employer Trip Reduction Plan to the County.
(d) Notification may be provided through employee bulletins,
notices posted on bulletin boards, articles in any newsletter
generally circulated or provided to employees, or any other
reasonable means to assure that employees have adequate
opportunity to participate in the development of trip reduction
programs and measures, and are informed about the full range of
trip reduction programs and measures available at the work site.
. (e) The notice shall identify the Employee Transportation
Coordinator within the organization to whom comments and
suggestions can be submitted and questions addressed.
section 7. Exemption: An employer with one hundred (100) or more
employees or a complex may request an exemption from the
requirements of this ordinance on the basis of one of the
following provisions:
(a) Employee Minimum Level: A work site of one hundred
(100) or more employees or a complex where less than fifty (50) of
ORDINANCE NO. 94- 27
February 10, 1994 —6—
the employees normally start work during the peak period may be
g exempt from all requirements of this ordinance except for
registration as required pursuant to Section 5 of this ordinance.
(b) Performance Objective Achieved: A work site or complex
that meets the 1999 performance objective for VER or AVR stated in
Section 4 of this ordinance is exempt from all other requirements
of this ordinance except for the following:
1. A work site or complex that meets the 1999
performance objective for VER or AVR stated in Section 4 of this
ordinance must submit to the County a listing of the measures or
reasons for achieving the 1999 performance objectives;
2. A work site or complex that meets the 1999
performance objective for VER or AVR stated in Section 4 of this
ordinance must demonstrate continued achievement of the 1999
performance objectives by conducting an employee transportation
survey pursuant to Section 9 of this ordinance once every three
years.
A work site or complex that does not continue to demonstrate
achievement of the 1999 performance objectives pursuant to Section
4 of this ordinance no longer qualifies for the exemption provided
by this section and becomes subject to the requirements of this
ordinance at that time.
(c) Construction Site: A construction site is exempt from
the requirements of this ordinance. 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. "
(d) Each request for an exemption must be made in writing to
the County.
Section S. Employee Transportation Coordinator (ETC) : Each
employer, and owner or manager of a complex subject to this
ordinance must designate one or more Employee Transportation
Coordinators as specified below:
(a) Each employer and owner or manager shall appoint an
Employee Transportation Coordinator for each affected complex or
work site. An employer with multiple affected work sites within
the County may appoint one ETC for more than one work site even if
the work sites are not situated at adjacent locations.
(b) Each Employee Transportation Coordinator must complete a
training program certified by the Bay Area Air Quality Management
ORDINANCE NO. 94-2Z
February 10, 1994 -7-
District within nine (9) months of the date this ordinance becomes
1 effective, or within six (6) months of appointment when appointed
after the initial nine (9)-months time frame.
(c) The employer or owner or manager may apply to the County
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.
Section 9. Employee Transportation Surveys: Each affected
employer of one hundred (100) or more employees and each owner or
manager of a complex must conduct employee transportation surveys
as specified in this section to establish whether the performance
objectives listed in Section 4 of this ordinance have been
achieved. The transportation survey shall be as specified by the
County and shall be submitted to the County to calculate VER or
AVR, determine compliance with performance objectives, and to
establish employee commute patterns.
(a) Employee transportation surveys shall be conducted
annually unless a work site demonstrates that a future year
performance objective has already been achieved. A work site that
has so demonstrated is required to conduct a survey every other
year as long as future year performance objectives continue to be
achieved.
(b) Employee transportation surveys shall be conducted, and
VER or AVR calculated, in a manner consistent with procedures in
effect at the time that the survey is conducted pursuant to
Section 13-1-602 of Regulation 13 Rule 1 promulgated by the Bay
Area Air Quality Management District.
(c) Employers with one hundred (100) or more employees at a
work site and complexes which become subject to this ordinance
subsequent to 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 the rest of the employers and
complexes.
(d) Employee transportation surveys must be conducted during
a "survey week" as defined in Subsection 3 (t) of this ordinance.
The employer shall not offer any special incentives or
disincentives in addition to its regular trip reduction program
during the survey week.
Section 10. Employer Trip Reduction Program: Employers with one
hundred (100) or more employees at a work site and owners or
managers of complexes shall develop and implement Employer Trip
Reduction Programs. Implementation shall occur within six (6)
ORDINANCE NO. 94- 27
February 10, 1994 —8—
months following the completion of the survey week for the first
employee transportation survey conducted pursuant to Section 9 of
this ordinance.
Section 11. Requirement to Submit Employer Trip Reduction Plan:
An employer with one hundred (100) or more employees at a work
site or an owner or manager of a complex not achieving the
performance objectives established in Section 4 of this ordinance
for the applicable year must prepare an Employer Trip Reduction
Plan for that work site. The plan shall be submitted to the
County within one. hundred and twenty (120) days following the
determination by the County 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 surveys taken as
specified in Section 9 of this ordinance. The plan shall be
submitted by the highest ranking responsible official of the
employer at the work site or each work site when a consolidated
plan is submitted.
Section 12. Employer Trip Reduction Plan Content: The Employer
Trip Reduction Plan shall contain the following:
(a) Employer registration information as required pursuant
to Section 5 of this ordinance;
(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
bring about significant progress toward achievement of the
performance objectives;
(d) A discussion of the progress achieved 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;
(e) A budget indicating all current and projected
expenditures for the Employer Trip Reduction Program.
Section 13. Criteria for Approval of Employer Trip Reduction
Plans: The County shall consider for approval Employer Trip
Reduction Plans that include reasonable, feasible, and cost
effective trip reduction measures that can be expected to bring
about significant progress toward achievement of the performance
ORDINANCE NO. 94- 27
February 10, 1994 —9—
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.
Alternatively, the County shall consider for approval an
alternative emission reduction program which demonstrates that:
(a) the measures included in such program will achieve emission
reductions equal to or greater than those that would have been
realized if the performance objectives were achieved; and (b) the
alternative measures are not required by any other federal, state,
or local control measure or regulatory requirement. Such an
alternative emission reduction program shall include an update or
progress monitoring report to be submitted at least once every two
(2) years.
Section 14. Revised plan: The County shall designate a County
TDM Coordinator which may be the Regional TDM Program Manager to
initially act on Employer Trip Reduction Plans. The Coordinator
shall disapprove any plan that does not meet the approval criteria
specified in Section 13 of this ordinance. An employer shall
revise any disapproved plan and resubmit the plan to the
Coordinator within ninety (90) days following notification of
disapproval. If the revised plan is subsequently disapproved, the
employer will have one further opportunity to revise and resubmit
a plan within ninety (90) days following the second notification
of disapproval. If this resubmission is also disapproved, it
shall be considered a final disapproval. Final disapproval is a
violation of this ordinance and the employer shall be subject to
penalty.
An employer shall revise and resubmit its Employer Trip Reduction
Plan within ninety (90) days of a final determination by an agency
or court with jurisdiction to make such determination that an
element of an approved Employer Trip Reduction Plan violates any
provision of law.
Section 15. Appeal of Plan Disapproval: An employer, or an owner
or manager may appeal a plan disapproval made by the Coordinator
pursuant to Section 14 of this ordinance. Said appeal shall be
made to the Contra Costa County Board of Supervisors according to
the following procedures:
(a) The employer shall submit a written Notice of Appeal to
the County within thirty (30) days following the determination of
Plan disapproval;
(b) The Board of Supervisors shall hear the appeal at an
appropriate time;
(c) The Board of Supervisors shall issue its decision on the
ORDINANCE NO. 94- 27
February 10, 1994 —10—
appeal within thirty (30) days following the close of the hearing;
(d) The due date for revised Employer Trip Reduction Plans
pursuant to Section 14 will be suspended during the appeal process
authorized by this section.
Section 16. Plan Update: An employer and owner or manager shall
update its Employer Trip Reduction Plan every year after plan
approval until such time as the performance objectives are
achieved.
Section 17. Violations: It shall be a violation of this ordinance
for:
(a) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to register a work site
or complex pursuant to Section 5 of this ordinance;
(b) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to notify employees
pursuant to Section 6 of this ordinance.
(c) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to appoint an Employee
Transportation Coordinator pursuant to Section 8 of this
ordinance;
(d) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to conduct employee
transportation surveys pursuant to Section 9 of this ordinance;
(e) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to implement an Employer
Trip Reduction Program pursuant to Section 10 of this ordinance;
(f) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to submit an Employer
Trip Reduction Plan, revised Plan or Plan update pursuant to
Sections 11, 12, 14 and 16 of this ordinance;
. (g) An employer with 100 or more employees at a work site or
an owner or manager of a complex to have an Employer Trip
Reduction Plan which is given final disapproval as defined in
Section 14 of this ordinance.
(h) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to implement a Trip
Reduction Plan pursuant to Sections 11 and 12 of this ordinance.
ORDINANCE NO. 94-27
February 10, 1994 —11—
1
Section IS. Penalty for Violations: Each violation listed in
Section 17 of this ordinance is punishable by a fine not
exceeding:
(a) One hundred dollars ($100) for the first violation;
(b) Two hundred dollars ($200) for a second violation of the
same provision within one (1) year;
(c) Five hundred ($500) dollars for each additional
violation of the same provision within one (1) year.
Every day any violation of this ordinance shall continue shall
constitute a separate offense.
In addition to the penalties provided by this ordinance, this
ordinance may be enforced by a civil action authorized by the
Board of Supervisors directly against the act, omission or
condition, or for damages therefor.
Section 19. Fees: Fees for the administration, implementation
and enforcement of this ordinance may be established from time to
time by the Board of Supervisors by ordinance or resolution.
Section 20. Effective Date: This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of the Supervisors voting for and
against it in the CONTRA COSTA TIMES , a newspaper published
in this County.
PASSED on April 19 , 1994 , by the following vote:
AYES: Supervisors Smith, De Saulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
ATTEST: PHIL BATCHELOR, /JXVC4"
Clerk of the Board of Supervisors Bo rd Chair
an Co y A istrator
[SEAL]
xA
LTF:Ii.
ORDINANCE NO. 94- 27
febm ary 10, 1994 —12—
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