[Ord. #92-08, § 1]
It is hereby declared to be the policy of the City of Albany to implement a trip reduction and travel demand ordinance pursuant to California Government Code Section 65089. This policy is also consistent with the California Clean Air Act and the Federal Clean Air Act.
[Ord. #92-08, § 1]
a. 
Albany commute alternatives program manager shall mean the person designated by the City to manage the program developed under this section.
b. 
City shall mean the City of Albany.
c. 
Commute alternatives shall mean carpooling, vanpooling, transit, bicycling, telecommuting and walking as commute modes.
d. 
Commute Alternatives Appeals Board shall mean the City Council, which shall hear appeals to requirements of this section.
e. 
Commute Alternatives Information Program shall mean a program to provide information about any reasonable method or approach for providing, supporting, subsidizing, and/or encouraging the use of commute alternatives, including but not limited to matching and placement services for carpools and vanpools; provision of carpool and vanpool vehicles; carpool and vanpool operating subsidies; carpool and vanpool preferential parking location and/or fees; fees for employee parking; provision of and/or placement services for subscription buses; provision of shuttle services; transit fare subsidies; on-site waiting and loading facilities for transit; travel allowances for bicyclists and pedestrians; on-site paths, parking, showers and lockers for bicyclists and pedestrians; guaranteed ride home and guaranteed transportation in emergencies for users of commute alternatives; on-site child care and other service convenience facilities which lessen the need for personal vehicle at the place of employment; telecommuting; and teleconferencing.
f. 
Employee shall mean any person who regularly works twenty (20) hours or more per week at a work site and normally travels between 6:00 a.m. - 10:00 a.m. or 3:00 p.m. - 7:00 p.m. and who normally works at least twenty-six (26) weeks per year.
g. 
Employer shall mean any public or private employer who has a permanent worksite within the City of Albany. "Employer" shall not include contractors with no permanent place of business in the City or other businesses with no permanent workplace location.
h. 
Employer Commute Alternatives Program Manager shall mean the person employed by an affected employer who is responsible for carrying out the employer requirements under the ordinance and the day-to-day administration of the Employer Commute Alternatives Information Program.
i. 
Worksite shall mean the place of employment, base of operation, or predominant work location of an employee. It includes all of the employee's buildings or facilities located within the City of Albany.
[Ord. #92-08, § 1]
a. 
Applicability and Phasing of Program Requirements. The section shall be applied to all employers with one hundred (100) or more employees during the first year following the date of adoption. Within three (3)years of the date of adoption, the ordinance shall be applied to all employers of fifty (50) or more.
b. 
City Requirements. The City shall designate an Albany Commute Alternatives Program Manager to serve as the City liaison and to provide guidance to employers subject to this section. The Commute Alternatives Program Manager shall be responsible for the following duties:
1. 
Provide employers with marketing materials and information about commute alternatives and how commute alternatives can reduce traffic congestion and air pollution.
2. 
Provide training for Employer Commute Alternatives Program Managers in fulfilling their responsibilities.
3. 
Collaborate with the Alameda County Congestion Management Authority in a Countywide baseline survey of commute patterns and transportation modes between home and work.
4. 
Develop a program for monitoring and enforcing compliance with the section.
5. 
Serve as the City's own Commute Alternatives Program Manager and fulfill all the responsibilities set forth in subsection 9-17.3c.
c. 
Appeals Board. The City Council shall serve as the Commute Alternative Appeals Board that will consider petitions brought by employers who are found to be in violation with the provisions of this section.
d. 
Employer Requirements. Within sixty (60) days following the adoption of this section, the City shall notify all employers who are subject to the provisions of this section about the following requirements:
1. 
The employer shall appoint a Commute Alternatives Program Manager within thirty (30) days following notice from the City. The Employer Commute Alternatives Program Manager shall complete a training course approved by the City unless it can be demonstrated to the City that the Program Manager has already completed comparable training elsewhere.
2. 
The employer shall submit a detailed information campaign plan to the City at the beginning of each calendar year, beginning in January, 1993. At the end of each calendar year, the employer must verify to the City that the campaign was carried out.
3. 
The employer shall inform all new employees about commute alternatives within two (2) weeks after the first day of employment. The employer shall file a copy of a signed statement from each employee with the City Commute Alternative Program Manager acknowledging that they have reviewed the commute alternatives available.
4. 
The employer shall develop a Commute Alternatives Information Program to inform all employees about the commute options available to them as defined in subsection 9-17.2 b. The information program may include but is not limited to letters to each employee, electronic mail, a detailed article in the company newsletter, and periodic meetings.
5. 
The employer shall post or otherwise distribute information on available commute alternatives that are supplied by the City and the Alameda County Congestion Management Authority.
6. 
The employer shall participate in any countywide survey originated by the Alameda County Congestion Management Authority.
[Ord. #92-08, § 1]
a. 
Appeals. If the Commute Alternatives Program Manager finds that an employer has failed to fulfill the section requirements set forth in subsection 9-17.3c., the Manager shall notify the employer in writing within thirty (30) days. The employer, may, within ten (10) calendar days of receipt of such notice, file a written application for an appeal with the City Council, stating specific grounds for the appeal, and including the applicable fee set forth by City Council resolution. Upon receiving the appeal, the City Council shall hear the appeal and render a decision within sixty (60) days. The opinion shall be filed with both the employer and City Commute Alternatives Program Managers.
b. 
Penalties.
1. 
Civil Assessment. An employer who fails to comply with the provisions of this section within ninety (90) days of written notice to comply, shall be liable to the City for a civil assessment in the amount of two hundred fifty ($250.00) dollars per day for each day of noncompliance, commencing with the ninety-first (9lst) day following receipt of notice of noncompliance.
2. 
Injunction. In addition to any other remedy which may accrue to the City hereunder, the City may use a civil injunction to enforce provisions of this section, or any regulation or order promulgated or issued, or any program approved, pursuant hereto.
3. 
Date of Applicability of Penalties. Enforcement provisions set forth in paragraphs a and b of this subsection shall be effective from and after one (1) year following the effective date of this section.