The provisions of this chapter shall be known and may be cited as the "City of Mill Valley Trip Reduction Ordinance (TRO)."
This chapter is authorized under Proposition 111 legislation, Government Code Section 65089.3(2), and the Streets and Highway Code Section 2105.
This chapter incorporates the Marin County CMA minimum trip reduction and travel demand requirements.
Terms used in this chapter are defined as follows:
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.
A vehicle occupied by two to six 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.
The trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.
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 weeks. Examples include, but are not limited to, working three 12-hour days (3/36) or four 10-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.
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.
Any person conducting a work activity for an employer 20 or more hours per week on a regular full-time, temporary, or part-time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees, and volunteers.
An employee, other individual, or entity appointed by an employer to market, administer and monitor the Employer Trip Reduction Program or Employer Trip Reduction Plan on a full or part-time basis.
A questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR or VER for the work site.
Any person(s), trust, firm business, joint stock company, corporation, partnership, association, non-profit 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 rule, not individual departments or agencies of the city and county. Individual departments or agencies of the State of California and the federal government are separate employers for purposes of this rule. The term 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 government board or governing entity or that function as one corporate unit are considered to be one employer. The term shall not include employers with no permanent work site within the City of Mill Valley.
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 rule.
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. An Employer Trip Reduction Program may include, but is not limited to, any or all of the following services, incentives and measures.
Ridesharing.
Bicycles and Pedestrian.
Bicycling financial subsidies or rewards.
Financial subsidy to employees for the purchase of bicycles for commute trip use.
Bicycle lockers or other secure, weather-protected bicycle parking facilities.
Bicycle access to building interior.
Bicycle and/or walking route information.
On-site bicycle registration.
On-Site Facilities/Services.
Employee shower facilities and clothes lockers.
Site modifications that would encourage walking, transit, carpool, vanpool and bicycle use.
On-site services to reduce midday vehicle trips, e.g., cafeteria, ATMs apparel cleaning, etc.
On-site transportation fair to promote commute alternatives.
Other.
Membership in a Transportation Management Association that provides services and incentives.
Establishment of employee committee to help design, develop and monitor the trip reduction program.
Guaranteed ride home program.
Financial subsidies or rewards for walking and other non-motorized transportation modes.
Shuttles between multiple work sites.
Providing child day care at/near work site.
Enhanced trip reduction efforts on forecast criteria pollutant exceedance days, e.g., the district's Spare the Air program.
An employee who reports for work to a temporary field construction site.
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 pick-up and dispatch of an employer-provided vehicle.
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 90 days or is open-ended.
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.
The time from 6:00 a.m. to 10:00 a.m. Monday through Friday inclusive.
An employee who works for the employer for less than 90 continuous days (there months) within a calendar year.
A vehicle occupied by one employee.
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 that meets the above criteria is to be selected by the employer during January through May, or September through November. The survey week cannot be Rideshare Week or contain any other rideshare or transit promotional event, e.g., "Beat the Back-up."
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.
An organization through which developers, property managers, employers, and/or local jurisdictions cooperate in designing, implementing and assisting Employer Trip Reduction Programs or other transportation demand or system management programs and measures.
A vehicle occupied by seven or more employees 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.
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.
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. VER is the reciprocal of AVR.
An individual who does not receive any wages, salary, or other form of financial reimbursement from the employer for services provided.
Any activity for which an employee receives remuneration from an employer. Telecommuting or work at home is a work activity.
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 or more employers each have 100 or more employees at a single work site, then that work site is considered a separate work site for each employer.
These definitions are identical to those in the proposed rule Regulation 13 Transportation Control Measures, Rule 1 Trip Reduction Requirements for Large Employers dated August 21, 1992 of the Bay Area Quality Management District (BAAQMD). Any changes in definitions within Regulation 13 that occur with adoption of the rule will supersede the definitions contained in this chapter. |
The following trip reduction requirements are hereby established and are imposed upon employers within the City of Mill Valley:
A.
This chapter shall apply to all employers within the City of Mill Valley with 100 or more employees at an individual job site. Where such an employer has multiple job sites, only those sites which have 100 or more employees are subject to this chapter.
B.
Each employer subject to this chapter shall disseminate trip reduction information regarding transportation alternatives including carpools, vanpools, transit and bicycling and other methods of reducing trips such as telecommuting, compressed workweek, and flexible work hours annually to each employee and to all new employees as they are hired.
C.
Each employer subject to this chapter shall annually conduct an employee trip survey using a uniform survey form prepared by the Marin County CMA. A summary of the trip results shall be submitted annually to the City of Mill Valley. Any survey and procedures prepared for submission to and accepted by the BAAQMD shall serve as a valid survey for this chapter upon submission to the City of Mill Valley.
D.
Each employer subject to this chapter shall designate an "employee transportation coordinator" to be responsible for administering the employer requirements of the Trip Reduction Ordinance.
If any other agency which has jurisdiction over trip reduction requirements for employers within the City of Mill Valley adopts trip reduction requirements that meet or exceed the requirements of this chapter, then any employer within the City of Mill Valley that meets those requirements will be deemed to be meeting the requirements of this chapter by annually forwarding to the City of Mill Valley a copy of all trip reduction information and documentation required by the other agency.
(Ord. 1115 § 1, December 7, 1992)