Ordinance No. 818ORDINANCE NO. 818
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CYPRESS 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. Chapter 16 of the Code of the City of Cypress is
hereby amended by adding a new Article XVI thereto to read as
follows:
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 in the Cypress
Business Park will encourage and support employee use
of commute alternatives, rather than the single -
occupant vehicle, which will reduce peak - period traffic
levels from what would otherwise occur.
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 SCAQMD goals.
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 -
and complex- 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, before January 1, 1992, 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 comply with the provisions of South Coast Air
Quality Management District (SCAQMD) Regulation
XV, and all subsequently adopted regulations, such
that all companies in the Cypress Business Park
have an alternative to that of individually
complying with such regulations.
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 or complex.
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"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 a 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. "Complex" shall mean any multi- tenant building or group
of buildings in the Cypress Business Park, with ten
(10) or more employees at a single site, which is not
otherwise included within the definition of "employer"
herein.
G. "Congestion" shall mean intersection Levels of Service
(LOS) or "F
H. "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.
I. "Employee" shall mean any permanent, full -time person
employed by any employer, or any full -time person
employed within any complex; this definition shall
exclude any independent contractors.
J. "Employer" shall mean any individual public or private
company with ten (10) or more employees and which has a
permanent place of business in the Cypress Business
Park. For purposes of this Article, the number of
employees per work place, on all shifts, shall
determine the size of the employer.
K. "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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L. "Peak Period" shall mean those hours from 6:00 a.m. to
10:00 a.m. and 3:30 p.m. to 6:30 p.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.
M. "Reasonable Efforts" shall mean an employer's or
complex's active, on -going attempts to encourage
employee participation in programs intended to meet the
purposes, goal and objective of this Article.
N. "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.
0. "Transit" shall mean a motor vehicle operated on a for -
hire, multiple- occupant, shared -ride basis, including
bus, light rail, heavy rail, shared -ride taxi, and
shuttle van.
P. "Transportation Coordinator" shall mean a person who
represents an individual employer or individual complex
in overseeing, managing and assisting in the employer's
or complex's trip reduction activities and coordinating
with the Cypress Business Park Transportation
Management Association, who has successfully completed
a training program approved by the Trip Reduction
Training Coordinator Advisory Committee of the SCAQMD.
Q. "Transportation Management Association (TMA)" shall
mean a group of business leaders, operating as a non-
profit corporation, who meet regularly to develop and
implement plans to manage traffic and improve
transportation systems for their employees.
R. "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.
S. "Vanpool" shall mean a van occupied by six (6) or more
employees traveling together.
T. "Work Place" shall mean the place of employment, base
of operation, or predominant location of an employee.
Section 16 -94. Responsibilities of Employers and Complexes.
A. APPLICABILITY.
1. Every existing and future employer and complex
shall be subject to the provisions of this
Section.
2. 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.
3. An employer with more than nine (9), but less than
100, employees and which has a permanent place of
business in a complex as defined in this Article,
may, at its discretion, comply with this Section
by participating either as an individual employer
or as part of the complex in which it does
business.
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B. REASONABLE EFFORTS TO ACHIEVE OBJECTIVES. Every
employer and every complex shall make reasonable
efforts to reduce single- occupant vehicle commute trips
such that the overall AVR, for each employer and each
complex, during each peak period, is not less than 1.5.
1. The first annual report, submitted pursuant to
this Section, shall present information on
employees' actual participation in commute
alternatives, to serve as baseline data.
2. At the time of the second annual report submitted
pursuant to this Section, attainment of an AVR of
at least 1.3 shall be the objective.
3. At the time of the third annual report submitted
pursuant to this Section, attainment of an AVR of
at least 1.5 shall be the objective.
C. TRIP REDUCTION PROGRAMS - EMPLOYERS AND COMPLEXES.
Every employer and every complex shall develop and
implement a vehicle trip reduction program designed to
achieve, through reasonable efforts, the objectives set
forth in Section 16 -94.B. of this Article. The Cypress
Business Park Transportation Management Association
shall serve as the City's agent in administering the
vehicle trip reduction programs of Cypress Business
Park employers and complexes which are not members of
said Association.
1. Every employer and every complex shall begin
implementation of its vehicle trip reduction
program and shall submit a copy of said program,
through its Transportation Coordinator, to the
Executive Director of the Cypress Business Park
Transportation Management Association.
a. Every employer which is doing business in the
City on the effective date of this Article,
and every complex which is partially or fully
occupied on the effective date of this
Article, shall submit its program within six
(6) months of the effective date of this
Article, unless an extension is granted by
said Executive Director.
b. Every employer beginning business, subsequent
to the effective date of this Article, shall
submit its program within six (6) months
following issuance to such employer of a City
business tax certificate, if required, or
otherwise within six (6) months following the
date the employer receives a certificate of
occupancy for its place of business, unless
an extension is granted by said Executive
Director.
c. Every complex beginning occupancy, subsequent
to the effective date of this Article, shall
submit its program within six (6) months
following the date the first business in the
complex receives a certificate of occupancy
for its place of business, unless an
extension is granted by said Executive
Director.
d. For reporting purposes, each complex shall
submit a single document containing the
vehicle trip reduction program for the
complex, which also shall be the program for
all the employers that have designated the
complex, pursuant to this Article, to carry
out the provisions of this Article.
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2. The vehicle trip reduction program for each
employer and each complex 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
Cypress Business Park Transportation
Management Association.
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.
c. Submitting an annual report, in a standard
format as required by the Cypress Business
Park Transportation Management Association,
including but not limited to a verifiable
assessment of current commute modes, employee
survey results and a description of measures
and incentives undertaken to comply with this
Article and the Cypress Business Park
Transportation Management Association
objectives. Reporting data is subject to
audit at the discretion of the City of
Cypress, Director of Public Works.
D. ANNUAL REPORTS.
1. Every employer which is doing business in the City
on the effective date of this Article, and every
complex which is partially or fully occupied on
the effective date of this Article, shall submit
annual reports on its vehicle trip reduction
activities. Annual reports shall cover twelve
(12) month periods from the effective date of this
Article and shall be submitted to the Executive
Director of the Cypress Business Park
Transportation Management Association, through the
employer's or complex's Transportation
Coordinator, within ninety (90) days after the
close of each twelve (12) month period, unless an
extension is granted by said Executive Director.
2. Every employer beginning business, and every
complex beginning occupancy, subsequent to the
effective date of this Article, shall submit
annual reports covering twelve (12) month periods
from, respectively, the date of first beginning
business or first occupancy. Reports shall be
submitted to the Executive Director of the Cypress
Business Park Transportation Management
Association, through the employer's or complex's
Transportation Coordinator, within ninety (90)
days after the close of each twelve (12) month
period, unless an extension is granted by said
Executive Director.
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Section 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 and complexes 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 and
complexes in the implementation of their vehicle trip
reduction activities.
F. At the request of the City of Cypress, developing a
City -wide business awareness program to furnish advice
to, and assistance for, employers and complexes outside
the Cypress Business Park, but within the boundaries of
the City of Cypress, in the implementation of their
vehicle trip reduction activities. A reasonable fee
may be charged to said employers and complexes for such
services.
Section 16 -96. Responsibilities of City.
A. The City of Cypress shall assess a surcharge on each
non - member employer's City business tax collected
pursuant to Section 15 -3 of the Cypress City Code, to
defray the costs of the Cypress Business Park
Transportation Management Association in administering
the trip reduction programs of said non - member
employers. The amount of said surcharge for each non-
member employer shall be calculated in the same manner
as the assessments for employers and complexes which
are members of said Association and, when collected by
the City, shall be credited to said Association.
B. The City of Cypress shall annually review the reports
of the Cypress Business Park Transportation Management
Association for compliance with the requirements of
this Article and shall evaluate all employers' and
complexes' 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:
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a. Reports on the level of compliance with the
requirements of this Article;
b. Summarizes the results of the Cypress
Business Park employers' and complexes'
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; and
d. Recommends any necessary increased vehicle
trip reduction program efforts through
enactment of Section 16 -97 of this Article.
Sec. 16 -97. Enforcement.
A. FAILURE TO COMPLY.
1. Any employer or complex shall be guilty of a
violation of this Article for failure to perform
any or all of the following acts:
a. Designate and arrange for training of a
Transportation Coordinator and effect and
maintain said Coordinator's cooperation with
the Cypress Business Park Transportation
Management Association.
b. Prepare and submit, to the Cypress Business
Park Transportation Management Association, a
vehicle trip reduction program in compliance
with Section 16 -94.C. of this Article.
c. Prepare and submit, to the Cypress Business
Park Transportation Management Association,
any required annual report pursuant to
Section 16 -94.D. of this Article.
d. Implement its approved traffic reduction
plan, in good faith and reasonable efforts.
2. If the employer or complex fails to meet the goal
of its approved vehicle trip reduction program,
using reasonable efforts, such failure shall not
be a violation of this Article.
3. Any employer or complex which fails to implement
its approved vehicle trip reduction program, after
thirty (30) days notice to remedy such failure,
shall be guilty of an infraction.
B. PENALTIES. Each and every violation of this Article is
subject to a fine of $500.00, as permitted in Article
3, Chapter 4, Part 4 of Division 26 of the Health and
Safety Code. Each and every day, after thirty (30)
days, that the employer or complex violates this
article shall be considered a separate violation.
C. NON - COMPLIANCE CORRECTION. Upon receipt of notice of
violation, an employer or complex may correct the
failure by submitting a written report to the Executive
Director of the Cypress Business Park Transportation
Management Association. The report shall indicate
corrective action taking place and provide satisfactory
evidence that the employer or complex intends to
continue compliance action.
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D.
APPEAL. Any employer or complex may appeal, to the
City Council, any notice of violation received pursuant
to this Section. The determination of the City Council
to either uphold, modify or waive said violation shall
be final.
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, or 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 22nd day of May , 1989, and
finally adopted and ordered posted at a regular meeting of said
Council held on the 12th day of June , 1989.
ATTEST:
CITY CLERK OF HE C1ITY OF CYPRESS
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE
MAYOR
E CITY •F CYPRESS
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 12th day of
June 1989, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS