Ordinance 1586AN o~~ aF ~ crrr aatNC~ otf T4~ CITY of am~a~a
ACflIIiti CHAPTER 11:38 10 Z~ Q]PE[t1'II~ M1iICIPAL ODDS
SHII~G Rt+~UIIt@~XIS F'CIt TRAN5~ITION DP29~tID
D41lD~ PROCTtAPt
t~t~ Er '!!~ CITY C~II. OF '~ CITY GF C<JP~ DDSS fItAAIN
AS Pte:
SDLTION 1. At~lll' TO ODCE3. Title 11 of the C~ertino Mmicipal.
Cbde is hereby a[sended by adding Q:aPter 11.38 thereto, be reed as
follows:
Chapter 11.38
11.38.010. Rapoee. The purpose of this a~-ar ie to p~vmCa the
developmartt of transportation dement s~segaoent p~og~aos at eiplayar work
sites with one hundred ar mama esQlayees during the momnin4 p~k ~~
period in onier to reduce traffic impacts and impmove air quality within
the City. In order to aooonplish that purpose, this d~aPter establishes
certain reporting requirements to enable the City to evaluate the
effectiveness of existing Tot Pmcgare and to dsert pmograss Citywide
toward achieving the average vehicle ridership goals established in
Section 11.38.030.
11.38.020 Dafinitims. Fbr the p:u:poee of this d~eptar, the
following words and phreses are defined and shall be oa:stn~ed as set
forth in this section.
(1) 'Average vehicle ridership" (AVR) means the total number of
employees aseicg~ed to a work site bet~,+een 6:00 a.m. and 9:00 a.m. Motdny
thxtitx~ Pridey divided by the number of vehicles they drive fzus home to
work. Credit may be given far essployee work tripe eliminated during a
biweekly period due to the use of oo-tlsessed work weeks ar telecaatsut3nq.
(2) "Carpool' means a motor vehicle ooa~ied by two ar mama employees
tr~reling together.
(3) "Comnite" means a[:y tn-~e-to-work or wnrk-to-home trip.
(94) "Commute alternatives" means any form of ooosuts transportat:inn
eax:ept by eincJle`-oocupmicl' vehicle.
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QRDIIU1tJCE NU. 1586
e~Q (loyer,• whose rasponsihility the day-to-clay mecsagament of nnyf7~i
~~•
(6) "Caressed work week" tae~ans a work scfiedule for en eagloyee
whidz eliminates at least one ro~utdtz~iP commute biweekly. For e~le,
forty how's of work in four t~-hear days or a work plan that allays one
day off every other week, know as the nip-eighty Plan.
(7) •Ilesigaee(s)" taeans any private entity or gov~rtal agency
designated by the City to administer all or any of the pmwisions of this
d~apter e:aoapt those related to the brining of enforoanettt actions under
this dapter.
(8) "FY~loyee" means one who is assigned to the designated work site
in the a.m. peak period. An employee is one who works in the service of
an eiQloyrr far either wages or salary, as a contract employee under the
direction of the wari~c site esQloyer or thr~ouc~ a temporary service agency
during a period of more than ninety oontitnious days.
(9) "P3aploY'er" means ~ Public or,Private enplayer, including the
City std the Catnty of Santa Clara, winds has a work site in the City.
For purposes of this asdinanoe, the tamciioan Lumber of enQlayees on the day
shift at the designated work site shall determine the size of the
et:Qloyer.
(10) 'Flexible Work tiatrs• meats a variatiotl of an employee's work
hours to pr+wide an incentive for the employer to use coamute
alternatives.
(11) "Peak Period' means the hours free 6:00 a.m. tv 9:00 a.m., 2~bcrday
~~yornnute trips tea lwt>zk site where tl~ie~eiQlayees' work dnY
(12) 'Person" means an individual, trust, firm, joint stock ocnpeny,
corporatioct, pnrtt~arship, aseociatioa az athar business entity, city,
oxmty, district, the state, any department or agency thereof, or the
ihiited States, to the extent authorized by law.
(13) "gingle-oczupancy vehicle' means a motor vehicle ooatgied by acre
employee foot camute purposes.
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QtDItII~IXE ND. 1586
(14) 'Taleoom~uting' means a syebsa o~ either worldnq at home ar at an
off-site work station With camputnr facilities that link to the work site.
(15) tioct Denend Dtanagemectt• (•~P) means the pxvvisinn Of
infa~tontian, assistatnoe, inaeatives or other measures designed to inczaese
Av,~age \/~{Cjg RiAnrwh~ ip (AVR) 9lyd Mh1131 19 intelY~Bd to IEldt3Oe the Dt1GbOr
of nntor'12ed vrhiclee driven to the Work site.
designed to carry out TtM. ~
mey include any as all of the following Tai eervicEe std incentives.
(a) Rideshare matd~ing
(b) preferential parking for ridesharinq vehicles
(c) Carpool/vattpool subsides os rewards
(d) Transit tidoet sales
(ej Transit tidaet subsidies
(f) Shuttle to transit line
(g) Flexible work hours for people Who do not drive alone
(h) Oomp~seed work weeks
(i) Work-at-home progrmns
(j) Taleoosmiting
(k) Establishing feet for enplayee pnrkisrg
(1) Membership in a Transportation Menegarettt AseoCi3ti0[1 that
pxw.ides Tat sezvices and inaentivee
(m) Cattribctkl+0<1 to a Tlat~eportation systems Matlag~etlt psagam
adainist~t.~ed by a Mm~er ~Y
(n) Cycling std walking subsides ar r'ewands
(o) 51te design amenities that would enoouraga transit use,
ride-sharing cycling and walking
(p) ether pragcame apFuvved .by the City's designee to reduce the
Camber of employees wbo drive alone to the work pleas
(17) "Transportation Managarent Association" (•~•) Mans an
oz~genization tttrvugh which developers, e~loyers and/or local governnemt,s
QoOperate in desigtinq, impleaetttityg, and evaluating a TLM Prodrem.
(18) 'Transpoztation S~-stare Met~tt• treans low-cost i>~z~CrvemecttB
to the trattsportatinn systen (roads std transit) whidi increase the
operational efficiency and/or capacity of the syeten.
(19) "Vattpool" means a van OOQlpied by BeVeS1 to fifteen employees Who
aamrtute together to work.
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Q2DIImt~fE IA. 1586
(20) "Vehicle' .. means .. a , vehicle as . defied is tj1e [`al i fermi w ~/~}yi~le
code, but fora the cmlculatia>< of AvR does mt inclnda public ar ,private
transit buses ar mnmtorized bicycles.
(21) "work site' means any plaoe of atgloytaent, bees of operatiaa oar
paredominant looatius of the s~loyar. All buildings ar facilities
operated or ooc~ied by the etQloyar within the City and within a radius
of 1.5 miles of a single oEntra].ly located building or facility operated
or oocugied by the same aiplayer shall be deened a single work site. Pbr
the purposes of this d~apter, the actual bauaclaLy area of a work site will
~ irianrifi~i ~ sutmittals made pureuaitt to this d~apter and appxnved by
the City or its designee.
11.38.030. Average vehicle ridership goals. Rhe following AVR
goals are established in ozder to nc3lteve and measure progress toward a
net inca~eese in the use of oamnrts alternatives and a reduction in vehicle
trips to the work site during the 6:00 a.m. to 9:00 am. maaite:
(1) By July 1, 1993, the AVR goal shall be 1.18.
(2) By Jhly 1, 1995, the AVR goal shall be 1.26.
(3) By July 1, 1997, the AVR goal shall be 1.33.
11.38.040. Zt~e pzwisiooe of this aacdin®oe shall
be eciministezed by the City, or by any desicpee authari~ed by the City
oamcil to administer the pavvisions of this ciaa{:ter an behalf of the
City. No designee shall be authorized to bring en5- legal actiAn on behalf
of the City fear enforoameaYt of any provision of this c3apteac.
11.38.050. ApQ~~caeb;, itp. 1lre praviaians of this chapter shell
apply to ell work sites within the City with one htmdc+ad or mare et~Qloyeea
during the hairs of 6:00 a.m. to 9:00 a.m.
11.38.060. lbplemmtatim e~edule. It is the intent of this
c3~apter to establish as implaaffistati,on date fear every employear subject to
the provisions of this chapter. Pbr purposes of establishing an
implansntation date, the employers shall be divided into the following
four categorise, based upon the employers' work site within the City:
(1) Category 1 oansists of all work sites operated ar occupied by the
City and all other work sit~ee having 1,000 oa: more siQloyeesi
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OIiDII~1CE IAA. 1586
(2) (;ategoiy 2 oonaiete Of :all wDrk sites bavinq 500 to 999
(3) Category 3 a~aasieta of all work site having 250 to 499 employee;
(4) Category 4 aonsi,ets of all work sites having 100 to 249
euQlnyees•
All actia~s required by this dapter to be tarn by an e~loyer with
respect m say wank site within a specified period of time after the
iaQleoeatation date, shall. be taken within flat period of trios maestu'ed
frao the iaQlaaentation date established in this aectiai for that oatecpry
of work sites within which the ~ i~~lr~r work site falls. ~e
i~ date for Catecpiy 1 wrk sites shall be fly 1, 1992. It
is the intent of this c3aptar'that the ioQleoentatirn dates far Categories
2, 3 end 4 shall be set at appacodmettely six-imnth oanaecutive intervals
following the iuplener-tati:on date for Category 1; however, the axsct
iaplenentatian date far eadi category shall be established by zeeolutinn
of the City Oamci]. and shall be published in a newspaper of general
cirailatinn within the City p~nauettt to Sect.ion 6061 of the California
Gouarnoant Clods.
11.38.070. Deaigoatinn a~f >megst and aosube aoaadina0oa:'. (a)
Within foxty-five days after the sd~eduled i~lemsttation date, every
etnployeae within say of the antegories in Section 11.38.060 shall appoint a
deaigated metager for each work site. An employer having more t2an one
work site within the City may appoint one manager far all work site ar
individual tnenager's for one ar move of the work sites. ~e nenager stall
have the ablitption to and stall carry out the following duties,
.,~,Qit,;t;t:i.es aIYi flIIlCtin[19:
(1) Nonage tba operation of say ~S Psocgmm implen~ted at the wank
sits;
(2) CtnQile, review, approve and submit the baseline and enmal '1>ai
reports far the work site(s) to the City ar rte designee;
(3) File with the City ar its designee suds other material ar
infonaetian as is required by this c3~a~pter;
(4) 9e2ve as manegenent liaison with the City ar its designee
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Q2DII~UlN~E TA. 1586 . , .
(a)" Within forty-five..dnys aftez the inQlaientatian date, ;`+e
et~loyer shall appoint n oamute coordinntc~x far each .rorlc
site(s) within the City. Rhe o.»nute coordinator shall nave
the day to day responsibility for ~If~theg m~nnite
p=ogratns inQlemented by the employer.
coordinator has not had a total of twelve moathe' e~'ienoe
as a TIM p~ogx'am ooozdinator the coordinator shall oanQlete,
within sixty days of appointment, a commute ooondinator
training aoux~se. Rf~e arnirae may be ooc~cked by an
recognized TIM consultant or associ.atinn or public entity or
employer in-house training progrmn with a RTH trnininq
program whirls is approved by the City or its deeicp~ea. A
designated manager may also direetly arininiar.ar the
esplcyer's RIM Programs without a separate minute
ooordimtor being required. However, any such manager shall
meet the gunlifioatiana set forth in this subsection.
(b) Within thirty days after making the appointments ='e4uirad by
this sect,ion, the employer shall notify the City as its
designee in writing of the appoirstmessts. Such mtifiontiots
may be mailed first class, postage prepaid, to the officer
and address designated by the City or its designee. Rise
employer shall asswns r+eepoaseibility for deteanininq that
such notificsatian has been received by the City or its
desic~see. Rhe notice shall include the ,following
infnrnr~t;m L~egni+dillg eadl appDintee:
(1) Nana
(2) Title
(3) Business hours
(4) Business telephone number
(5) Business mailing address
'fie employer shall provide similar written notice to the
City -or its designee within thirty days of any ~ in any
such appointiment•
(c) In the event any employer or work site beoanes subject to
this r after its effective date, the employer shall
oanQly with the teams of this section within the times
- specified measured from the date an which the enQ.lcyer or
wank site beoesne subject to this c3~apter.
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CftDIPDl2iC8 ND. 1586
11.38.080. Basaiine ~ -repast. Within`. 185, days of the
inQlemestatian date far emr work site. every engloyer within say of the
aategoriss set forth in Section 11.38.060 shall file with the City ar its
deeig~ee a beseliae a!i repo~tt for each :wank site within the City. Zlfe
baseline report shell be in suds format as mny ba established by the City
ar its designee. Aa employer having mAtiple wank sites within the City
may, with the consent of the City ar its deeigiee, establish a edw~le .
for sut~nittal of besaline ~ reports far its various work sites which
vary from that set forth jn this section; provided, that the baseline ~i
reports far all work sites within the City shall be submitted not la*,ar
than the sd~led filing date far am- work site ptasuent to this
section. 4he infonmticn to be pruvi+ded in the baseline RIli reports far
each work Bite shall include the following:
(1) Ntarbps of mQlcyees by work hours and work site of the day shift;
(2) A residueice zip cede brealocioWn of eQQloyee base by work site;
(3) ~averaye a ridership (AVR) as determined by one az nine
(a) Aa loyee survey developed by the City ar its designee.
~e distribution a~f sudi survey shell be aooo~enied by
infti,,,~ti~, affamding each eaployee the option, at the
request of the e~lciyee, to r+eoeive n carpool or vanpool
mntd~r+* and/or transit infa~ation.
(b) An eaQloyee survey developed by the e~loyer and apFuvu+ad by
the City ar its deeig~ee. ~e distribution of the einvey
shall include infnrnnti~n affording eadl euQlayee the option
at the request of the enQlcyee, tc rcoaive a carpoool ar
ver~pool +*~+*~+l+a+' and/ar transit infonmtioa.
(c) g ~~gt+e+~ ~y valid raffia amgle survey utilizing a
methodology appr+ovad by the City ar its desic~ee.
{d) parking lot counts uri~{~im a mettndologl- approved by the
City ar its designee.
(e) Gabe oaatts using a methodology approved by the City ar its
designee.
(4) A description of all 7tM services and incentives offer+e~d to
euQlcyees•
(5) A listing of all parking d~artles iaQoeed oa enPlcyees•
(6) A listing of the factors the might influence use of oaasute
alternatives.
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CEtDIIU~IxE N0. 1586
(7) 3uc3s ottaz informntica .ea, ma1- tae required by the City or its
designee.
Recpzdless of the reporting ec3~le used for parking iat counts, the
measurement of the AVR for the 6:00 a.m. to 4:00 a.m. peek period shall be
parfoimed between 9:00 a.m. and 10:45 e.m. on Rlasday, Wednesday, and
~ursday of the sane week. Regardless of the reporting schedule used for
gate counts, the meastn:at~ast of the AVR shall be pcirfoazred frQa b:00 a.m.
to 9:00 a.m. on Rtiesctay, Wednesday, and ~:ureday of the sere week.
Measure[nasta shall not be taken in a week falling within those times of
the year established by the city ar its designee which would be enpectR+d
to result in a distortion of the results based an holiday, annual
rideehare prvmticn ar other similar occurrr~noes.
Any work site ar euQlayer which becanee subject to this chapter after its
effective date shall file a baselirba report far auy wank sites subject to
this c3sapter within 185 days of beaaning subject to this chapter ar having
an additional work site bemre subject to this dapter'.
11.38.090. 1l~sal ~I repoz'ts. tvery eaplayer required to file a
beselioe 7]M r~epor't shall sutmit an arnnal ~M report to the City ar its
designee every twelve (12) months thereafter. ~e 3nformetion submitted
shall be ctn.~+ast to within 9 months of the annual report due date. Rhe
annual reports shall oxttain the sane type of informnticn as is required
in the baseline report.
11.38.100. HaGaeaereent.
(a) p~iwi.v.l t?~eaaltiee. Any person who violates any prwisi,an
of this dapter stall be guilty of an iafract3an and upon conviction
thereof stall be punished as set forth in Ctapter 1.1Z of this ooda.
(b) Civil Fiaalti,as. Any person who violates auy provision of
this chapter stall be liable for a civil penalty not to ®ooaed five
hundred cbllare per day for each violatim, whiciz stall be assessed
and received in a civil acticn hrotsght in the naafi of the people by
the City Attorney. In assy civil acticn brought to seek such civil
p~altY- arfd/~' to obtain injunctive relief for violation of any
provision of this c3sapter in which action the City prevails, the Deaf
shall deteanine and inpoee reasonable es~ensea, including attorneys'
fees, inaur+ed t7y the City in the 3nVes ice' and pr+oeecvtian of the
acticn.
(c) Remedies Not 1~lusive. Remedies under this chapter are
in addition to and do not supersede ar limit any and all other
remedies, civil ar criminal.
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atDII~D9~E idD. 1586
30CPICN 2. FNVII~J14~i. FIlIDII~S. '1ZLe City doltncil finds that the
actiat adapting this ordinmae is a "Glees e• Categorical ~o~Qticn. Zt~e
oidittenoe "assures the mdintenanae, rest~ca , anheno~ettt, ax'
piotsction of the envizvnment where the regulatory pxooees inwlv+ae
prnoachtres for prntectian of the envirncaaet:t."
sF7LTICt~i 3. EFFECTIVE ~. his aridittattoe shall be in full faros and
effect thirty (30) days fzan aid after the date of its adoptiat.
SELTICtJ 4. PI~I.ICATIat. Ztte City Clerk shall oause this ar+dittanoe to
be published at least once in a newspaper of general circulation published
aid cir+cvlated in the City within fifteen (15) days after its passage, in
aooordanae with Section 36933 of the Goveisaresst sods; shall oezt,ify to the
adoptioct of this ordittattae and shall cause this ondittattoe and has
oertifioati,on, together with pwof of publication, to be entered in the
book of ~di.ttattoea of the cbttncil of this City.
II~IIIiCC(1CED at a regular meeting of the City Oauiail of the City of
Q~nrtim a[1 the 16eh day of March , 1992, std II~II.RF.D at a
regular neetittg of the City ocxa:cil of the City-of Cupertino this ~ day
of April , 1992, by the following vote:
~ Manbere of the City Qatncil
p~yEg~ Dean, Goldman, Koppel, Szabo. Sorensen
fig; None
p~gS~NP: None
AHSTAINp None
AT1FS'P: ~ ~ APPIiOVF~:
City Clerk ~ ~ ~tY ~ ~
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