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HomeMy WebLinkAbout6.1 Hearing TROCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: June 22, 1992 SUBJECT: Public Hearing: Trip Reduction Ordinance (TRO) Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: Draft Ordinance RECOMMENDAT I ON .'.~/Q~ ! )) - \~ 4)) Open Public Hearing Receive Staff presentation and public comment Question Staff and the public Close Public Hearing and deliberate Waive reading and adopt Ordinance FINANCIAL STATEMENT: The estimated cost of this Program to the City is $33,863 for the Program first year (1992-93) and similar costs thereafter. This includes staffing and materials. The City will receive $10,000 from AB 434 to help fund this Program. Staff will also apply for additional funding from AB 434 to pay for the rest of the cost of this Program. There will be costs for Program implementation to those businesses employing 100 or more employees initially, and 50 or more prior to the end of the third Program year. There may be some other minor cost impacts associated with the reduced mobility of car poolers on such things as lunch hour shopping. DESCRIPTION: This is the second reading of an ordinance which was introduced at the June 8, 1992, City Council meeting. The passage of Proposition 111 by California voters in 1990 represented sweeping changes in transportation planning and established a State-mandated Congestion Management Program (CMP). Proposition 111 provides for a nine cent gas tax increase. The increased gas tax imposes new requirements on local government to curb congestion on California's transportation network. CMPs are required in each urban county. The Alameda County Congestion Management Agency (CMA) adopted the Alameda County CMP in October 1991. One of the key components of the CMP is the implementation of trip reduction and travel demand strategies. Commute alternatives are expected to reduce traffic congestion, parking demand, and associated air pollution, noise, fuel use, vehicle wear and tear, time losses and inconvenience. The purpose of information programs about commute alternatives offered through the workplace is to create an effective, inexpensive and equitable way to encourage alternatives to driving alone. The Trip Reduction and Travel Demand element of the CMP requires the adoption of a Trip Reduction Ordinance (TRO) by each jurisdiction in Alameda County. This legislation will require employers to inform employees about the full range of available commute options. The deadline for adopting the TRO is June 30, 1992. The impact of not adopting and implementing the Ordinance would be the possible loss of Federal ISTEA monies and State Gas Tax monies. The City of Dublin's Trip Reduction Ordinance, which is based on a model ordinance, may require a future amendment to accommodate a future trip reduction element to be developed by the Bay Area Air Quality Management District (BAAQMD) as part of the Regional Air Quality Plan. This BAAQMD rule may impose additional requirements on local jurisdictions and businesses. Partial funding for implementation of the TRO requirements may be available through the funds generated by Assembly Bill 434. AB 434 mandates an increase on license plate fees which will be allocated by the BAAQMD. Cities and counties can compete for 60% of this funding and the remaining 40% of the funding will go directly to the cities based on population (City of Dublin's share is $10,000). Staff is proposing to apply for a portion of the 60% of the AB 434 funds to finance the unfunded portion of the Trip Reduction Program and its staffing as soon as the application is available (tentatively in July). It is proposed that the City implement its Trip Reduction Ordinance through the hiring of a half-time Staff person who will manage the Commute Alternatives Information Program. This person will develop the printed materials, contact employers to inform them of the Program requirements, conduct training classes for the employer's commute coordinators, and monitor the Program. If the City hires a consultant for this program in lieu of a Staff person, City Staff will still be required to enforce the Ordinance. During the first three program years, only businesses with more than 100 employees will be required to participate. By the fourth program year, businesses with 50 or more employees will be included. The estimated number of Dublin employers with over 100 employees is eleven, and with over 50 employees is eighteen. The Ordinance does set a penalty of $250 per day if an employer refuses to comply with the Ordinance after a 90-day notice. These funds would go to the City. This program requires employers to inform their employees of availability and encourage them to use mass transit, carpooling, vanpooling, walking, bicycling, telecommuting, flexible work schedules, use of electric cars, and any other method of reducing traffic and air pollution. The Federal Government also allows employers to provide each employee up to $21 per month (or $252 per year) in tax-free (to the employee) transit subsidies. The City of Dublin will not be required to participate as an employer because the number of employees in each building is less than 50; however, Dublin could consider implementation of its own Commute Alternatives Program as a model to other employers by using some of the provisions of the Ordinance. Consideration could be given to ride-sharing, flexible schedules, or the possible use of electric cars. In this manner, the City would lead by example for the business community. The half-time Staffperson could also implement the Trip Reduction Program for City of Dublin employees. This would not generate any additional cost to the City for administration of the City's Program. Staff recommends that City Council conduct a Public Hearing, deliberate, and adopt the Trip Reduction Ordinance. a:\agenda\O622gro ORDINANCE NO. 92 AN ORDINANCE OF THE CITY OF DUBLIN ADOPTING A TRIP REDUCTION PROGRAM The City Council of the City of Dublin does ORDAIN as follows: ARTICLE I SEGTION 1 The passage of Proposition 111 by California voters in 1990 represented sweeping changes in transportation planning and established a State-mandated Congestion Management Program (CMP). Proposition 111 provides for a nine cent gas tax increase. The increased gas tax imposes new requirements on local government to curb congestion on California's transportation network. CMPs are required in each urban county. The Alameda County Congestion Management Agency (CMA) adopted the Alameda County CMP in October 1991. A key component of the CMP is the implementation of trip reduction and travel demand strategies. Commute alternatives are expected to reduce traffic congestion, parking demand, and associated air pollution, noise, fuel use, vehicle wear and tear, time losses and inconvenience. Information programs about commute alternatives offered through the workplace have proven to be an effective, inexpensive and equitable way to encourage alternatives to driving alone. The Trip Reduction and Travel Demand element requires the adoption of a Trip Reduction Ordinance (TRO) by each Jurisdiction in Alameda County. Employers are required to inform employees about the full range of available commute options. The TRO may require a future amendment to accommodate a future trip reduction element to be developed by the Bay Area Air Quality Management District (BAAQMD) as part of the regional air quality plan. The BAAQMD rule may impose additional requirements on local jurisdictions and businesses. Government Code Section 65089 requires a designated local agency in each county with an urbanized area to develop, adopt, and annually update a CMP for the County and its Jurisdictions. Section 65089.3 requires that each Jurisdiction adopt and implement a trip reduction and travel demand management ordinance. The Alameda Congestion Management Agency (CMA) is the local agency in Alameda County designated to develop, adopt, and update the CMP. The Alameda CMP (adopted October 24, 1991) requires that each local Jurisdiction adopt a trip reduction Ordinance by July 1, 1992, which meets minimum requirements specified in the CMP. This Ordinance meets those requirements. - 1 Do Go The State of California Clean Air Act (Chapter 1568, Statues of 1988) requires the adoption and implementation of transportation control measures as part of the Clean Air Plan to be adopted by the BAAQMD in late 1992. An Employer- based trip reduction program will be included in the Clean Air Plan. These programs have not been adopted by BAAQMD at this time and cities may have to change the TRO to meet BAAQMD requirements in the future. The Federal Clean Air Act requires the region to adopt a State Implementation Plan (SIP) for air quality. The 1982 Air Quality Plan for the Bay Area, including the Contingency Plan adopted by Metropolitan Transportation Commission (MTC) in February 1990, is the currently adopted SIP for the San Francisco Bay Area. The Contingency Plan includes Transportation Control Measure Update MTC Guidance on Development of Local TSM Programs, and - Local Transportation Systems Management (TSM) Initiatives. The City of Dublin seeks to comply with all provisions of State and Federal Law. This Ordinance has been duly processed with proper Public Notice. The City Council has considered the proposed Trip Reduction Program and finds that said Program complies with the requirements of applicable Federal and State law, and further that said Program contributes to the comprehensiveness of the City of Dublin's General Plan and provides an acceptable plan for the reduction of traffic congestion, parking demand, and associated air pollution, noise, fuel use, vehicle wear and tear, and time losses and inconvenience within the City of Dublin and protection of the health, safety, and general welfare of its citizens. SECTION 2 Chapter 5.108 is added to Title 5 of the Dublin Municipal Code, to read as follows: 5.108.010 TITLE This Ordinance shall be known as the "City of Dublin Trip Reduction Ordinance" and may be so cited. 5.108.020 PURPOSE AND INTENT The purpose of this Chapter is to ensure the future health, safety and general welfare of the City of Dublin citizens by: A) Reducing traffic impacts within the City and region by reducing both the number of vehicular trips and total vehicle miles traveled that might otherwise be generated by commuting. To reduce vehicular emissions, energy usage and ambient noise levels by reducing the number of vehicular trips, total vehicle miles traveled, and traffic congestion. The intention of this Ordinance is to reduce the number of trips and to protect and enhance the air quality in a manner pursuant to and consistent with the State and Federal Clean Air Acts. 5.108.030 DEFINITIONS A. Commute Alternatives shall mean carpooling, vanpooling, transit, bicycling, telecommuting and/or walking as commute modes, and other methods of congestion and pollution mitigation, such as the use of electric cars and the implementation of flexible work schedules. 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 locations 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, and showers and lockers for bicyclists and pedestrians; guaranteed rides 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 a personal vehicle at the place of employment; telecommuting; and teleconferencing. Co Commute Alternatives Program Advisor shall mean the person employed by the City of Dublin to manage the program developed under this Ordinance. Do Commute Alternatives Program Appeals Board shall mean the City Council, or other body designated by the City Council, which shall hear appeals from requirements of this Ordinance. Commute Alternatives Program Coordinator shall mean the person designated by the employer who is responsible for carrying out employer requirements under the Ordinance and day-to-day administration of the Commute Alternatives Information Program. Fo Employee shall mean any person who regularly works twenty (20) hours or more per week at a work site and normally travels between 6-10:00 AM or 3-7:00 PM and who normally works at least twenty-six (26) weeks per year. This includes a contract employee. Employer shall mean any public or private employer who has a permanent worksite in the City of Dublin. "Employer" shall not include contractors with no permanent place of business in the City of Dublin and other businesses with no permanent workplace location. H. Jurisdiction shall mean the City of Dublin. - 3 Program Year shall mean July 1 through June 30 of the following year. Worksite shall mean the place of employment, base of operation, or predominant work location of an employee. It includes all of the employer's buildings or facilities located within close proximity of each other. 5.108.040 TRIP REDUCTION PROGRAM REQUIREMENTS Ao In the first program year, the requirements of this Chapter shall be applied to all employers of 100 or more. When, in the opinion of the City Manager, a sufficient number of employer coordinators in companies of 100 or more have been trained to carry out Employer requirements under the Ordinance and day- to-day administration of the Commute Alternatives Information Program, this Chapter shall be extended to employers of 50 or more. All employers of 50 or more shall be subject to this Chapter no later than the third year after enactment of this Chapter. Bo This Chapter may be amended to incorporate Trip Reduction Ordinance Requirements to be developed by the BAAQMD. 5.108.050 RESPONSIBILITIES OF LOCAL JURISDICTIONS Ao The City Manager shall designate a Commute Alternatives Program Advisor to serve as the point of contact for and provide guidance to employers subject to this Chapter. The Commute Alternatives Program Advisor shall be responsible for the following: Provide employers with marketing materials and information about commute alternatives and how commute alternatives can reduce traffic congestion and air pollution. Provide training for Employer Commute Alternatives Program Coordinators in fulfilling their responsibilities. o Collaborate with the CMA in a County-wide baseline survey of commute patterns and transportation modes between home and work. Develop a program for monitoring and enforcing compliance with this Chapter. The City Council shall act as a Commute Alternatives Appeals Board that will serve as a forum for petitions brought by employers who are found to be in noncompliance with this Chapter. 5.108.060 RESPONSIBILITIES OF EMPLOYERS Within thirty (30) days of notification by the Jurisdiction that it is subject to this Chapter, each Employer shall: Bo Do Fo Appoint a Commute Alternatives Program Coordinator following notice from the City Manager. The coordinator shall complete a coordinator training course approved by the City of Dublin's Director of Public Works/City Engineer unless it can be demonstrated to the Director of Public Works/City Engineer's satisfaction that the coordinator has already completed comparable training elsewhere. Submit a Detailed Information Campaign Plan to the Jurisdiction at the beginning of each program year. At the end of the year, the employer must verify to the City that the campaign was carried out. Inform Ail New Employees About Commute Alternatives within two (2) weeks of hiring. Develop A Commute Alternatives Information Program to inform all employees annually of the existence of commute options as defined in the Employer's Commute Alternatives Information Program. Acceptable forms of communication include letters to each employee, electronic mail, a substantial article in the company newsletter, and face-to-face meeting. Post Or Otherwise Distribute Information on commute alternatives supplied by the City of Dublin or the CMA. Participate In Any County-Wide Survey originated by the CMA or the City of Dublin. Data obtained in employer surveys prior to the CMP will be incorporated into the County-wide survey by the CMA. Implement Trip Reduction Program. Trip reductions per Employer must be approved by the Director of Public Works/City Engineer of the City of Dublin. 5.108.070 ENFORCEMENT A. Appeals. Appeals to the Commute Alternatives Appeals Board. If the Commute Alternative Program Advisor finds that an employer has failed to fulfill Ordinance requirements, the Advisor shall notify the Employer within thirty (30) days. The Employer may, within ten (10) days of receipt of such notice, file an appeal of this Chapter with the Commute Alternatives Appeals Board stating the grounds for the appeal. Upon receiving an appeal, the Appeals Board shall hear the appeal and render a decision within sixty (60) days. The opinion shall be filed with the employer and Commute Alternatives Program Advisor. B. Penalties. Civil Assessment. An employer who fails to comply with the provisions of this Chapter within ninety (90) days of written notice to comply, shall be liable to the Jurisdiction for a civil assessment in the amount of two hundred and fifty dollars ($250.00) per day for each day of noncompliance, commencing with the ninety-first (91st) day following notice. In~unction. In addition to any other remedy which may accrue to the Jurisdiction hereunder, the Jurisdiction may seek a civil injunction to enforce provisions of this Chapter, or any regulation or order promulgated or issued, or any program approved, pursuant hereto. Operative Date. Enforcement provisions shall be effective from and after one (1) year following the effective date of this Chapter. SECTION 3. EFFECTIVE DATE AND POSTING OF ORDINANCE This ordinance shall become effective thirty (30) days after its final passage and adoption by the City Council. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public place in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED this 22nd day of June, 1992. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk a:ord\rripred