Emeryville Municipal Code Art. 5 Definitions

"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 5-26.9.1.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Buspool"

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

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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 nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Commercial tenant"

means a business, industry, or institution having a lease agreement to do business in an employment center.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Compressed workweek"

means 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 (3) twelve (12) hour days (3/36) or four (4) ten (10) hour days (4/40) within a one (1) week period; or eight (8) nine (9) hour days and one (1) eight (8) hour day (9/80) within a two (2) week period.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

A "disabled employee," for purposes of the performance objective calculation pursuant to Section 5-26.9.1, is 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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employee"

means any person conducting work activity for an employer twenty (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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employee transportation coordinator (ETC)"

means an employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full-time or part time basis.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employee transportation survey"

means a TRPA approved questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site pursuant to Sections 5 26.7.6 and 5 26.9.1.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employee transportation survey processing fee"

means a fee paid at the time of submittal of the employee transportation survey forms required by this chapter. The employee transportation survey processing fee is listed in the Master Fee Schedule. This fee is applicable to employers or employment centers with one hundred (100) or more employees at the work site required to conduct employee transportation surveys and who submit these survey forms to the TRPA for processing pursuant to this chapter.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer"

means any person(s), trust, firm, business, joint stock company, corporation, partnership, association, nonprofit 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 chapter, 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 chapter. The term includes for profit, not for profit, and nonprofit enterprises. Several subsidiaries or units that occupy the same work site and report to one (1) common governing board or governing entity or that function as one corporate unit are considered to be one (1) employer. The term shall not include employers with no permanent work site within the District.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer program manager"

means an employee with policy and budget authority who is responsible for the implementation of the Employer Trip Reduction Program or Employer Trip Reduction Plan and for fulfilling the requirements of this chapter.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

The Planning Commission shall act as the "Employer Trip Reduction Appeals Committee" for the purpose of hearing appeals of TRPA-disapproved Employer Trip Reduction Plans pursuant to Section 5-26.7.11.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer Trip Reduction Information Campaign"

means a program to provide information about any reasonable method or approach for providing, supporting, subsidizing, and/or encouraging the use of trip-reduction services, incentives, or measures, such as indicated in Section 5-26.5.20.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer Trip Reduction Information Campaign Plan"

means a document describing in detail the Employer Trip Reduction Information Campaign Program, including type of materials distributed, methods of distribution, and implementation schedule.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer Trip Reduction Plan"

means a document describing in detail the Employer Trip Reduction Program, including an implementation schedule, budget, and all the elements listed in Section 5-26.7.10(b) which is submitted to the TRPA for review and approval pursuant to Section 5-26.7.10.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer Trip Reduction Plan appeal fee"

means a fee paid at the time of appeal of a disapproved Employer Trip Reduction Plan pursuant to Section 5-26.7.11. The Employer Trip Reduction Plan appeal fee is listed in the Master Fee Schedule. This fee is applicable to all employers of one hundred (100) or more employees who file appeals of disapproved Employer Trip Reduction Plans.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employer Trip Reduction Plan review fee"

means a fee paid at the time of submittal of an Employer Trip Reduction Plan pursuant to Section 5-26.7.10 of this chapter. This fee applies both at the time of initial submittal as well as subsequent updates. This fee does not apply to the resubmittal of a disapproved Employer Trip Reduction Plan. The Employer Trip Reduction Plan review fee is listed in the Master Fee Schedule. This fee is applicable to employers of one hundred (100) or more employees required to submit Employer Trip Reduction Plans pursuant to this chapter.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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 5-26.6.1. An Employer Trip Reduction Program may include, but is not limited to, any or all of the following services, incentives, and measures.

(a)

Rideshare.

(i)

Carpool/vanpool matching;

(ii)

Preferential parking for carpools and vanpools;

(iii)

Financial subsidies or rewards to carpool/vanpool/buspool passengers, including drivers;

(iv)

Employer provided vehicles for carpools and/or vanpools;

(v)

Employer sponsored vanpools;

(vi)

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

(b)

Public Transit.

(i)

Work site transit ticket sales;

(ii)

Financial subsidies/rewards to transit users, e.g., Commuter Check;

(iii)

Transit route maps and schedules on site;

(iv)

Shuttle to transit line (employer-sponsored or -subsidized).

(c)

Trip Elimination.

(i)

Compressed work weeks;

(ii)

Telecommuting.

(d)

Parking Management.

(i)

Charge for employee parking;

(ii)

Elimination of any employer parking financial subsidy;

(iii)

Transition from employer parking financial subsidy to general transportation monetary allowance for all employees;

(iv)

Free or reduced parking rates for carpools and vanpools only;

(v)

Preferential parking for clean-fuel vehicles.

(e)

Bicycle and Pedestrian.

(i)

Financial subsidies to bicycle or pedestrian commuters including purchase of equipment for commute trip purposes;

(ii)

Bicycle lockers or other secure, weather protected bicycle parking facilities;

(iii)

Bicycle access to building interior;

(iv)

Bicycle and/or walking route information;

(v)

On-site bicycle registration;

(vi)

Employee shower facilities and clothes lockers;

(vii)

Financial subsidies rewards for walking and other nonmotorized transportation modes.

(f)

On-Site Facilities/Services.

(i)

Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use;

(ii)

On-site services to reduce midday vehicle trips, e.g., cafeteria, ATMs, apparel cleaning, etc.;

(iii)

Guaranteed return-trip program;

(iv)

Shuttles between multiple work sites;

(v)

Providing child day care at/near work site;

(vi)

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

(g)

Promotional and Marketing Materials.

(i)

Rideshare marketing campaigns;

(ii)

On-site transportation fair to promote commute alternatives;

(iii)

Participation in California Rideshare Week and Beat the Back Up Day activities.

(h)

Other.

(i)

Membership in a Transportation Management Association that provides services and incentives;

(ii)

Establishment of employee committee to help design, develop, and monitor the trip reduction program;

(iii)

Enhanced trip reduction efforts on forecast criteria pollutant exceedance days, e.g., the District's Spare the Air program;

(iv)

Financial subsidies/rewards for clean-fuel vehicles used for employee commute trips including carpool and vanpool vehicles;

(v)

Assistance to employees in locating their home residence closer to the work site and/or along transit routes;

(vi)

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;

(vii)

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

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Employment center"

shall mean:

(a)

Any business park, or other commercial/industrial or retail project, to which at least fifty (50) persons commute to work, and which has two (2) or more of the following characteristics:

(1)

It is known by a common name given to the project by the developer;

(2)

It is governed by a common set of covenants, conditions, and restrictions;

(3)

It is covered by a single final development plan.

(b)

Any government or institutional facility or special district predominately nonretail in use within the city limits which employs more than fifty (50) employees.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Field construction worker"

means an employee who reports for work to a temporary field construction site.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Field personnel"

means employees who spend twenty percent (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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Local jurisdiction" or "jurisdiction"

means 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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Peak period"

means the time from 6:00 a.m. through 10:00 a.m. Monday through Friday inclusive.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Seasonal/temporary employee"

means an employee who works for the employer for less than ninety (90) continuous days (three (3) months) within a calendar year.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Single occupant vehicle"

means a vehicle occupied by one (1) employee.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Survey week"

means a regular five (5) day Monday through Friday (inclusive) workweek. 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 or employment center during January through May, or September through November for the employee transportation surveys required by Section 5-26.7.6. The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g., "Beat the Back Up."

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Telecommuting"

means a system of working at home or at an off-site, nonhome telecommute facility for the full workday on a regular basis of at least one (1) day per week.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Trip Reduction Program Advisor (TRPA)"

shall mean the person employed by the jurisdiction to manage the program developed under this chapter.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"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.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Vehicle"

means a device by which any person or property may be propelled, moved, or drawn upon a highway, except the following:

(a)

A device moved exclusively by human power;

(b)

A device used exclusively upon stationary rails or tracks;

(c)

Buses used for public or private transit.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Vehicle employee ratio (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 as calculated pursuant to Section 5-26.9.1. VER is the reciprocal of AVR.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Volunteer"

means an individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Work activity"

means any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)

"Work site"

shall mean:

(a)

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 (2) or more employers each have fifty (50) or more employees at a single work site, then that work site is considered a separate work site for each employer.

(b)

An employment center.

(Sec. 2 (part), Ord. 94-007, eff. June 2, 1994)