Isleton Municipal Code Ch. 7.28 Trip Reduction Program

The purpose of this chapter is to establish requirements and procedures whereby major employers located in the city will develop and implement programs designed to reduce the number of employee vehicle commute trips as part of a broad program to achieve the following objectives:

A. Reduce peak-hour traffic congestion by reducing the number of single occupant vehicle trips associated with commuting.

B. Preclude or delay the need for major transportation facial improvements by making more efficient use of existing facilities.

C. Reduce present and future vehicle emission concentrations as a contribution to attaining federal and state ambient quality standards.

D. Reduce transportation-related fuel consumption, thereby contributing to the national policy of enhanced energy sufficiency.

E. Establish trip reduction goals for affected employers so their workers who commute during peak periods are encouraged to achieve a 1.38 average vehicle ridership.

A. Alternative commute mode means any travel conveyance other than a single occupant vehicle.

B. Average vehicle ridership (APPOINT) means the number of employees reporting to the worksite during the peak commute periods divided by the number of vehicles in which employees arrived to the same worksite during the peak commute period.

C. Commute means a home-to-work trip.

D. Employee means any person hired by an employer, including part-time and seasonal workers, but excluding persons who perform work activities for a period of less than 60 days in a calendar year.

E. Employer means any public or private entity, including the city with at permanent place of business or worksite in the city. This does not include temporary construction activities, emergency activities in which persons are employed to render aid or other services, or other temporary activities which employ persons for a period of less than 60 days in a calendar year.

F. Peak period means 6:00 a.m. to 10:00 a.m. Monday through Friday.

G. Program administrator means the person designated by the city clerk or his/her delegate with the responsibility for implementing the trip reduction ordinance.

H. Ridesharing means two or more persons commuting together n a single vehicle.

I. Single occupant vehicle means a motor vehicle occupied only by the driver.

J. Transit means public transportation including bus and fixed rail service.

K. Transportation coordinator means an individual who promotes and implements trip reduction strategies at the worksite.

L. Transportation management certificate (TMC) means a certificate of compliance with the requirements of the Isleton Employer trip reduction ordinance which is issued to employers.

M. Transportation management plan (TMP) means a document, prepared by an employer, which details trip reduction measures implemented to reduce vehicle trips to the worksite.

N. Worksite means the primary place of employment, base of operation, or predominant location of a group of employees.

O. Major employers means any employer of 100 or more employees.

P. Minor employers means any employer of between 25 and 99 employees.

A. All major employers within the city shall obtain a transportation management certificate (TMC) as described in section 7.28.040.

B. Annually, all minor employers shall:

1. Post information which described the benefits of transit, ridesharing, and bicycling as alternative modes and which describes facilities, services, schedules, rates, and other pertinent information, relevant to such transportation option.

2. Designate a transportation coordinator to coordinate with the local transit agency(s) and the authorized regional ridesharing agency for the distribution of alternative commute mode information, including transit information and ridesharing application; and

3. Provide newly hired employees with alternative commute mode information that includes pertinent transit information and ridesharing applications.

C. All major and minor employers shall comply with this chapter in accordance with the schedule set forth below.

1. All major employers are required to obtain a transportation management certificate within six months of the effective date of this chapter, or within six months after becoming subject to this chapter.

2. All minor employers are returned are required to comply with the provisions of this chapter within one calendar year from the effective date of this chapter.

A. All major employers shall be required to file an employer transportation management plan (TMP) with the program administrator. The goal of the TMP is to identify trip reduction measures which will be developed and implemented by the employer. The TMP shall demonstrate achievement of a 1.38 APPOINT by four years from the date of this chapter submitted to the EPA, or within two years after the employer becomes subject to this chapter, whichever is later. Once achieved, the 1.38 APPOINT must be maintained. A TMC shall be granted to the major employer upon approval of the TMP by the Program Administrator.

A. The goal of this chapter is to encourage achievement of a 1.38 APPOINT, during the peak, by four years from the date this chapter is submitted to the EPA or within two years after the employer becomes subject to this chapter, whichever is later. Once achieved the 1.38 APPOINT must be maintained. Employers shall develop TMPs with yearly progress goals for increasing average vehicle ridership.

B. At a minimum, the employer TMP shall include the following provisions:

1. Document compliance with minimum trip reduction measures as specified in section 7.28.030 minor employer;

2. Provide a status report on current commute modes for employees in a format specified by the progress administrator. The status report shall include, but not necessarily be limited to the following information: the employer's current APPOINT; the data collection method used (e.g. survey); and APPOINT calculation method used.

3. Documents trip reduction measures selected to increase average vehicle ridership during the coming year; and

4. Provide plan for implementation selected trip reduction measures.

C. Each worksite with 100 or more employees shall submit a TMP with trip reduction measures for the specific worksite. If the employer has worksites with 99 or fewer employees, the TMP shall list all worksites and the number of employees at each site. The 1.38 average vehicle ridership goal shall apply to the total number of employees commuting during peak periods from all worksites of the major employer.

A. At least 60 days before the scheduled compliance deadline set forth in section 7.28.030, all persons required by this chapter to obtain a TMC shall submit a complete employer TMP. Upon receiving the employer TMP, the program administrator shall examine the plan to determine whether it complies with the provisions contained in section 7.28.050. Inspection of the business location by city staff may be conducted as necessary to determine compliance with these provisions.

Except as otherwise provided by section 7.28.070, the program administrator shall approve the TMC upon finding that the requirements contained in this section have been met. The TMC shall be valid for a period of one year from the date of issuance by the program administrator. The program administrator shall notify the employer, in writing, of the decision to issue the TMC.

A decision to approve or disapprove the employer TMP shall be deemed final 14 calendar days after the date that the employer receives a notice of the program administrator's decision, unless an appeal has been filed.

B. The city council shall by resolution prescribe fees for issuance and renewal of transportation management certificates. Such fees shall be used for the purpose of defraying costs incurred in the administration, monitoring, and enforcement of this chapter.

A. The TMC shall be renewed annually except as specified below. In order to renew a TMC, each employer shall provide the following information to the program administrator at a minimum:

1. Provide an update of the initial status report provided per section 7.28.050 in a format specified by the program administrator.

2. Provide a summary of the previous year's trip reduction program, progress in meeting the TMP goals, and a description of program organization and resources.

The program administrator may require additional documentation or may visit the site and conduct his/her own survey. If an employer is unable to provide the required information on the employee's transportation modes, then the program administrator may require an employer to retain a consultant with the approval by the program administrator. The consultant shall submit the required information to the program administrator.

If the information provided indicates the employer has achieved a 1.38 AVR, a TMC shall be renewed as specified below. If the information provided indicates less than 1.38 AVR, a TMC is renewed conditioned on the employer amending the TMP to include additional and/or enhanced trip reduction measures.

B. If the monitoring information provided for the renewal the TMC indicates the achievement of 1.38 AVR during the consecutive years, the employer may apply for a TMC value for two years. AVR is maintained once it has been achieved.

A. Any violation of the provisions of this chapter will be deemed a public nuisance subject to abatement pursuant to the provisions of the California Government Code. The city attorney is authorized to bring and prosecute an action in any court of competent jurisdiction to enjoin any person or corporation from continuing, maintaining, or permitting such a violation. A violation may include but not necessary be limited to the following:

1. Failure to submit a TMP;

2. Falsification of the date; and

3. Failure to implement trip reduction measures included in the TMP.

B. Any persons, firm or corporation violating any provisions of this chapter shall be guilty of an infraction, subject to the provisions of the California Government Code section 36900. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm, corporation, and shall be punishable as herein provided.

Any decision of the program administrator pursuant to this chapter may be appealed to the city council in accordance with the procedures set forth in the zoning code appeals of decisions of the city planning commission.