Ordinance No. 8730J3
ORDINANCE NO. 873
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ARTICLE XVI ESTABLISHING A VEHICLE TRIP REDUCTION PROGRAM FOR THE
CYPRESS BUSINESS PARK
THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, does
hereby ordain as follows:
SECTION 1. Article XVI, Sections 16 -91 through 16 -96, of
the Code of the City of Cypress is hereby amended in full as
follows, and Section 16 -97 is deleted:
ARTICLE XVI. CYPRESS BUSINESS PARK VEHICLE TRIP REDUCTION
PROGRAM
Sec.
16 -91. Findings and Determinations.
A. Traffic will make the City a less desirable place in
which to live, work, and do business unless substantial
measures are taken to obtain the most efficient use of
existing and planned transportation facilities.
B. Traffic congestion results in potentially harmful
increases in air pollution, noise, and fuel use,
additional wear and tear on vehicles, and time losses to
individuals and businesses.
C. Minimizing inconvenience in commute trips and retaining
an attractive environment enables employers to
effectively recruit and retain the most qualified
personnel.
D. Air quality management goals for the region cannot be
met without reducing the number of commute trips and
vehicle -miles traveled. South Coast Air Quality
Management District (SCAQMD) regulations require local
employers to adopt and implement trip reduction
programs; the City of Cypress is committed to assisting
its businesses in satisfying these regulations and
meeting the air quality goals.
E. A transportation management association
Business Park will encourage and support
commute alternatives, rather than the
vehicle, which will reduce peak - period
from what would otherwise occur.
in the Cypress
employee use of
single- occupant
traffic levels
F. Cooperation and coordination of a transportation
management association in the Cypress Business Park,
with similar programs in other jurisdictions and
agencies in the region, will assist the City in meeting
the goals of this ordinance and of the SCAQMD,
Congestion Management Program, Measure "M ", and the Air
Quality Management Plan.
G. Adoption of this vehicle trip reduction program for the
Cypress Business Park is in the best interest of the
public health, safety, and general welfare, both within
the City and throughout the region.
Sec. 16 -92 Purposes, Goal and Objectives.
A. PURPOSES. In recognition of these findings and
determinations, the City of Cypress does hereby
establish a vehicle trip reduction program in the
Cypress Business Park for the following purposes:
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1. To specify City responsibilities for transportation
programs and actions which will maximize the
efficiency of existing and future transportation
facilities, will reduce peak period vehicle trips,
and will improve air quality; and
2. To specify responsibilities of employers and
landowners in the Cypress Business Park for
reasonable efforts which will reduce peak period
vehicle trips generated by their employees and will
improve air quality.
B. GOAL. The goal of the vehicle trip reduction program
for the Cypress Business Park is to obtain the best
possible use from existing and future local and regional
transportation facilities through a partnership among
local government, land owners /developers, businesses and
employees, and to reduce traffic and air pollution
impacts within the City and the region.
C. OBJECTIVES. The specific objectives of the vehicle trip
reduction program for the Cypress Business Park are:
1. To reduce both peak period vehicular trips and the
number of vehicle miles traveled through employer -
sponsored programs which encourage the use of
carpools, vanpools, transit, bicycles, walking,
alternative work hours programs and non -peak period
travel.
2. To reduce vehicular emissions, energy usage,
ambient noise levels, vehicle wear and tear, and
time losses by reducing the number of vehicular
trips, total vehicle miles traveled and traffic
congestion.
3. To achieve and maintain an average vehicle
ridership ratio of 1.5 persons per vehicle during
peak hours.
4. To facilitate cooperation and coordination with
other jurisdictions and agencies within the region
to gain maximum efficiency from existing and future
transportation facilities.
5. To reinforce compliance with the provisions of
South Coast Air Quality Management District
(SCAQMD) Regulation XV by all companies in the
Cypress Business Park and promote the objectives of
the Congestion Management Program, Measure "M" and
the Air Quality Management Plan.
Sec. 16 -93. Definitions.
Unless the context shall require otherwise, the definitions
set forth in this section shall apply to the following terms
as used in this Article:
A. "Alternative Work Hours Program" shall mean any method
for shifting the work day of an employee so that the
work day starts and ends outside of the peak periods.
Such programs include, but are not limited to: (1)
compressed work weeks; (2) staggered work hours of all
employees, or specific groups of employees, at the work
place; and (3) flexible work hours involving
individually- determined work hours within guidelines
established by the employer.
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B. "Average Vehicle Ridership (AVR)" shall mean the figure
derived by dividing the employee population at a given
work place, that reports to work weekdays between 6:00
a.m. and 10:00 a.m., by the number of vehicles driven by
these employees commuting from home to the work place
during these hours. AVR may be calculated using weekly
or biweekly averaging periods; the applicable employee
population is multiplied by the number of weekdays in
the selected averaging period, then divided by the total
number of vehicles driven by these employees to the work
place during the same period. Vehicles counted in
computing AVR, shall specifically exclude: bicycles;
transit vehicles; buses serving multiple work places;
and cars stopping to load or unload passengers or
materials at work place, while en route to other work
places.
C. "Carpool" shall mean a motor vehicle occupied by two (2)
or more employees traveling together.
D. "Commute" shall mean a repetitive home -to -work or work -
to -home trip.
E. "Commute Alternatives" shall mean carpooling,
vanpooling, transit bicycling, and walking as commute
modes during peak periods, as well as any alternative
work hours program which results in the use of any mode
of transportation for commuting outside of the peak
periods.
F. "Congestion" shall mean intersection Levels of Service
(LOS) "E" or "F ".
G. "Cypress Business Park" shall mean that area in the City
of Cypress designated as "BP" in the Land Use Element of
the Cypress General Plan, generally bounded, in a
clockwise direction by the following: Cerritos Avenue;
Gateway Drive; Rancho Los Coyotes /Rancho Los Alamitos
boundary line; Knott Street; Stanton Storm Channel;
Valley View Street; Orangewood Avenue; Los Alamitos
Army Airfield; Katella Avenue; and Denni Street.
H. "Employee" shall mean any permanent, full -time person
employed by any employer; this definition shall exclude
any independent contractors.
I. "Employer" shall mean any individual public or private
company with one hundred (100) or more employees and
which has a permanent place of business in the Cypress
Business Park. However, employees in the Cypress
Business Park with fewer than one hundred (100)
employees shall be subject to the provisions of this
Article in the event there are amendments by SCAQMD to
Regulation XV which operates to lower the threshold
number of employees below one hundred (100). For
purposes of this Article, the number of employees per
work place, on all shifts, shall determine the size of
the employer.
J. "Level of Service (LOS)" is a traffic engineering
measure of roadway or intersection performance. LOS E
means that 90% or more of green phase time is being used
at a signalized intersection and some vehicles may have
to wait through one or more light change cycles before
progressing through the intersection. LOS F means that
an intersection is operating at, or in excess of, full
capacity.
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K. "Peak Period" shall mean those hours from 6:00 a.m. to
10:00 a.m., Monday through Friday. A peak period trip
shall mean an employee's commute trip to or from a work
place when the employee's work day begins and /or ends
within the peak period.
L. "Reasonable Efforts" shall mean an employer's active,
on -going attempts to encourage employee participation in
programs intended to meet the purposes, goal and
objective of this Article.
M. "Single- Occupant Vehicle" shall mean a motor vehicle,
including motorcycles and other two - wheeled, motorized
vehicles, when occupied by one (1) employee for commute
purposes.
N. "Transit" shall mean a motor vehicle operated on for
hire, multiple- occupant, shared -ride basis, including
bus, light rail, heavy rail, shared ride taxi, and
shuttle van.
0. "Transportation Coordinator" shall mean a person who
represents an individual employer in overseeing,
managing and assisting in the employer's trip reduction
activities and coordinating with the City of Cypress,
who has successfully completed a training program
approved by the Trip Reduction Training Coordinator
Advisory Committee of the SCAQMD.
P. "Transportation Management Association (TMA)" shall mean
a group of business leaders, operating as a non - profit
corporation, who voluntarily meet to develop and
implement plans to manage traffic and improve
transportation systems for their employees.
Q. "Trip Reduction" shall mean an amount indicating a
percentage reduction in the number of employee, peak
period, commute trips on a typical weekday from that
which would be experienced if all employee trips were
made in single- occupant vehicles, during peak periods.
R. "Vanpool" shall mean a van occupied by six (6) or more
employees travelling together.
S. "Work Place" shall mean the place of employment, base of
operation, or predominant location of an employee.
Sec. 16 -94. Responsibilities of Employers.
A. APPLICABILITY
1. Sections 16 -94.B, C, and D herein are mandatory and
every existing and future employer shall be subject
to the provisions of said Sections.
2. Section 16 -95 is permissive and every existing and
future employer shall be expected to voluntarily
comply with the provisions of said Section.
However, all existing and future employers with
fewer than 100 employees shall be subject to all
subsequent regulations adopted by SCAQMD which may
lower the threshold and thereby are subject to the
provisions of this Article.
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3. Employers, with 100 or more employees, receiving
notification of SCAQMD Regulation XV, shall not be
exempt from complying with the time limits
established by SCAQMD Rule 1503(a), if said time
limits are more restrictive than those set forth in
this Article.
B. REASONABLE EFFORTS TO ACHIEVE OBJECTIVES. Every
employer shall make reasonable efforts to reduce single -
occupant vehicle commute trips such that the overall
AVR, for each employer, during each peak period, is not
less than 1.5.
1. The annual report, submitted pursuant to this
Section, shall include but not be limited to a
verifiable assessment of current commute modes,
employee Average Vehicle Ridership (AVR) and a
description of measures and incentives undertaken
to comply with the objectives.
C. TRIP REDUCTION PROGRAMS - EMPLOYERS. Every employer
shall develop and implement a vehicle trip reduction
program pursuant to SCAQMD Regulation XV designed to
achieve, through reasonable efforts, the objectives set
forth in Section 16 -94.B. of this Article.
1. Every employer shall submit a copy of said program,
through its Transportation Coordinator, to the City
of Cypress upon receiving notification by the
SCAQMD.
2. The vehicle trip reduction program for each
employer shall consist of measures including, but
not necessarily limited to, the following:
a. Appointing, and arranging for training, of an
on -site Transportation Coordinator, who shall be
responsible for implementation of the vehicle
trip reduction program at the work place and
shall serve as the liaison to the City of
Cypress.
b. Developing a list of, and implementing any
reasonable combination of, commute alternatives
programs, incentives, subsidies and other
measures to be offered to the employees and
which are designed to achieve, through
reasonable efforts, the objectives set forth in
this Article.
D. ANNUAL REPORTS
1. Every employer which is doing business in the City
on the effective date of this Article, shall submit
annual reports on its vehicle trip reduction
activities concurrently while submitting its
updated SCAQMD Regulation XV trip reduction plan to
the SCAQMD.
2. Every employer beginning business shall submit
annual reports upon receiving notification by
SCAQMD to submit a Regulation XV trip reduction
plan.
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Sec. 16 -95. Responsibilities of Transportation Management
Association.
The Cypress Business Park Transportation Management
Association shall carry out transportation programs and
activities designed to further the purposes, goal and
objectives of this Article including, but not necessarily
limited to, the following:
A. Organizing and collecting data and information on
traffic conditions, commute alternatives, and progress
of individual employers in achieving the purposes, goal
and objectives of this Article.
B. Reporting to the City of Cypress, or any other
designated agency in any required format, traffic
reduction information necessary to satisfy compliance
monitoring requirements.
C. Cooperating with other transportation management
associations in other jurisdictions and agencies to
develop and implement vehicle trip reduction efforts.
D. Participating in, and coordinating with, any regional
traffic reduction activities.
E. Furnishing advice to, and assistance for employers in
the implementation of their vehicle trip reduction
activities.
Sec. 16 -96. Responsibilities of City.
A. The City of Cypress shall evaluate all employers'
progress toward attaining the goal and objectives of
this Article. The City of Cypress, Director of Public
Works, shall be responsible for administering the
provisions of this Section. The Director of Public
Works shall:
1. Conduct, or cause to be conducted, a review and
evaluation of the Cypress Business Park employers'
and complexes' traffic reduction plans and reports.
2. Prepare an annual report to the City Council which:
a. Reports on the level of compliance with the
requirements of this Article;
b. Summarizes the results of the Cypress Business
Park employers' activities, progress toward
attainment of goals, and prospects for continued
achievement;
c. Recommends any changes in this Article as may be
found necessary to achieve the purposes, goal
and objectives established herein.
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SECTION 2. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance, or the
application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby
declares that it would have adopted this ordinance and each
section, subsection, subdivision, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases
or portions of the application thereof to any person or place, be
declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and directed
to certify as to the passage of this ordinance and to give notice
thereof by causing copies of this ordinance to be posted in three
public places throughout the City.
FIRST READ at a regular meeting of the City Council of the
City of Cypress held on the 12th day of August , 1991,
and finally adopted and ordered posted at a regular meeting of
said Council held on the 26th day of August 1991.
PQ_
MAYOR OF THE CI OF CYPRESS
ATTEST:
CITY F THE ¢ TY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the said City Council held on the 26th day
of August , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CLlet CITY OF CYPRESS
S