Chapter 10.24 TRANSPORTATION SYSTEM MANAGEMENT

Chapter 10.24
TRANSPORTATION SYSTEM MANAGEMENT

Sections:

10.24.010 Purpose.

10.24.020 Authority.

10.24.030 Findings.

10.24.040 Definitions.

10.24.050 Requirements.

10.24.060 Violations—Penalties.

10.24.010 Purpose.

The purpose of this chapter is to establish transportation system management (TSM) requirements for employers located in the city. These requirements will promote alternative commute modes and reduce the total number of vehicle trips as part of a program to achieve the following objectives:

A. Reduce peak period traffic and congestion by decreasing the number of single-occupant vehicle trips and associated with commuting;

B. Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;

C. Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards;

D. Establish TSM goals for employers so that a significant number of their employees are encouraged to arrive at the work site by means other than single-occupant vehicles. (Prior code § 10.57)

10.24.020 Authority.

Government Code Section 65089 requires cities and counties to adopt and implement a trip reduction and travel demand ordinance. The California Clean Air Act requires the Bay Area Air Quality Management District (BAAQMD) to use all feasible means to meet the state air quality standards. (Ord. 02-5 § 12 (part): prior code § 10.58)

10.24.030 Findings.

The city council finds and declares that:

A. The city is projected by both the state and the Bay Area Association of Governments to experience growth in population which will result in increases in traffic volume;

B. The geographical and meteorological conditions in the city are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies;

C. Transportation systems management techniques, including but not limited to ridesharing, transit, compressed work weeks and bicycle use among employees are effective means of reducing work-related trips. A reduction in the number of trips will reduce congestion and vehicle emissions. (Prior code § 10.59)

10.24.040 Definitions.

As used in this chapter:

“Average vehicle ridership (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 as calculated pursuant to Section 10.24.050(K).

“Buspool” means a privately operated or chartered bus which provides commute transportation on a subscription basis. This term is also known as a “club bus”.

“Carpool” means 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 nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance.

“Commute trip” means the trip made by an employee from home to the work site. The commute trip may include stops between home and the work site.

“Compressed work week” means 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 twelve (12) hour days (3/36) or four ten (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.

“Disabled employee,” for purposes of the performance objective calculation pursuant to BAAQMD Section 13-1-601, means 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.

“Employee” means any person conducting work activity for an employer twenty (20) or more hours per week on a regular full-time or part-time basis. The term includes independent contractors. The term excludes field construction workers, field personnel, seasonal/temporary employees and volunteers.

“Employee transportation coordinator (ETC)” means an employee, other individual, or entity appointed by an employer to develop, market, administer and monitor the employer trip reduction program or employer trip reduction plan on a full or part-time basis.

“Employee transportation survey” means a city-approved questionnaire distributed by employers to employees designed to provide sufficient information to calculate AVR (see definition as defined in this section) or VER (see definition as defined in this section) for the work site pursuant to Sections 10.24.050(G) and (K).

“Employer” means 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 chapter, not individual departments or agencies of the city, county or city and county. Individual departments or agencies of the state and the federal government are separate employers for the purposes of this chapter. The term includes for-profit, not-for-profit and nonprofit enterprises. Several subsidiaries or units that occupy the same work site and report to one common governing 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.

“Employer program manager” means 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 chapter.

“Employer trip reduction plan” means a document describing in detail the employer trip reduction program, including an implementation schedule, budget and all the elements listed in Section 10.24.050 (H)(1) which is submitted to the city for review and approval pursuant to Section 10.24.050 (H).

“Employer trip reduction program” means 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, and to achieve and maintain the performance objectives listed in Section 10.24.050 (D).

“Field construction worker” means an employee who reports for work to a temporary field construction site.

“Field personnel” means employees who spend twenty percent (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.

“Independent contractor” means 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 ninety (90) continuous days or is open-ended.

“Peak period” means the time from six a.m., through ten a.m., Monday through Friday inclusive.

“Seasonal/temporary employee” means an employee who works for the employer for less than ninety (90) continuous days (three months) within a calendar year.

“Single-occupant vehicle” means a vehicle occupied by one employee.

“Survey week” means 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 for the employee transportation surveys required by Section 10.24.050 (G). The survey week cannot be Ride-share Week or contain any other rideshare or transit promotional event, e.g., “Beat the Back-Up”.

“Telecommuting” means a system of working at home or at an off-site, nonhome telecommute facility for the full work day on a regular basis of at least one day per week.

“Vanpool” means a vehicle occupied by seven to fifteen (15) employees, including the driver 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.

“Vehicle” means 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.

“Vehicle employee ratio (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 as calculated pursuant to Section 10.24.050 (K). VER is the reciprocal of AVR.

“Volunteer” means an individual who does not receive any wages, salary or other form of financial reimbursement from the employer for services provided.

“Work activity” means any activity for which an employee receives remuneration from an employer. Telecommuting is a work activity.

“Work site” means 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 one hundred (100) or more employees at a single work site, then that work site is considered a separate work site for each employer. (Prior code § 10.60)

10.24.050 Requirements.

A. Applicability. This chapter applies to all public and private employers with one hundred (100) or more employees at a work site. This chapter applies only to work sites with one hundred (100) or more employees. If an employer has one hundred (100) or more employees but no single work site with one hundred (100) or more employees, this chapter does not apply to that employer. For purposes of determining the applicability of this chapter, the number of employees at a work site is determined as the maximum number of employees reporting to that work site on any single weekday Monday through Friday during the current calendar or fiscal year.

B. Exemptions.

1. Employee Minimum Level. A work site of one hundred (100) or more employees where less than fifty (50) of these employees normally start work during the peak period is exempt from all requirements of this chapter.

2. Exemption—Performance Objectives Achieved. Employer may qualify for an exemption from the requirements of this chapter as specified in this section.

a. Work sites that achieve the 1999 performance objectives specified in subsection D of this section as demonstrated pursuant to subsection G of this section are exempt from all other requirements of this chapter except for this section.

b. Work sites that meet the requirements of subsection (B)(2)(a) of this section must submit to the city, in a format approved by the city, a listing of the measures or reasons for achieving the 1999 performance objectives.

c. Work sites that meet the requirements of subsection (B)(2)(a) of this section must demonstrate continued achievement of the 1999 performance objectives by conducting an employee transportation survey pursuant to subsection G of this section once every three years.

d. Work sites that do not continue to demonstrate achievement of the 1999 performance objectives pursuant to subsection (B)(2)(c) of this section no longer qualify for the exemption provided by this section and become subject to the requirements of this chapter at that time.

3. Exemption—Construction Site. Construction sites are exempt from the requirements of this chapter. For purposes of this section:

a. “Construction” means the on-site fabrication, erection or installation of a physical structure such as a building, roadway, bridge, etc.; and

b. “Site” has the same meaning as “work site.”

C. Effective Dates. Employers become subject to this chapter upon adoption and publication according to law.

D. Performance Objectives. Performance objectives are expressed in terms of AVR and VER. Employers have the option of reporting performance in terms of either AVR or VER or both. The performance objectives for the city, by year, by type follows:


	1993	1994	1995	1996	1997	1998	1999
AVR	1.05	1.10	1.15	1.20	1.25	1.30	1.30
VER	0.93	0.90	0.87	0.83	0.80	0.77	0.77

E. Employee Transportation Coordinator (ETC). Employers must have an ETC(s) as specified within this section.

1. Employers shall appoint an ETC for each affected work site. Employers with multiple affected work sites within the city may appoint one ETC for more than one work site.

2. ETC’s must complete a training curriculum certified by the Bay Area Air Pollution Control District air pollution control officer within nine months of the effective dates hereof as specified in subsection (C) of this section, or within six months of appointment when appointed after the initial nine month time frame.

3. The employer may apply to the city for a waiver from the training requirement of subsection (E)(2) of this section when an ETC has one or more years of experience in trip reduction or equivalent skills.

4. An ETC may also serve as the employer program manager; provided, that the individual meets the criteria specified in Section 10.24.040.

F. Employer Program Manager. Employers must have an employer program manager as specified in this section.

1. Employers shall appoint an employer program manager. Employers with multiple affected work sites within the city may appoint one employer program manager for more than one work site, even when these work sites are located in different zones.

G. Employee Transportation Surveys. Employers must conduct employee transportation surveys as specified in this section to establish whether the performance objectives listed in subsection D of this section have been achieved.

1. An employer shall conduct an employee transportation survey consistent with the procedure contained in subsection K of this section and submit the survey responses to the city in accordance with the schedule contained in subsection (G)(7) of this section.

2. An employer has the option of processing the employee transportation surveys on-site or having the surveys processed by an outside entity. Survey processing must be consistent with the procedures contained in subsection K of this section, verifiable records must be maintained, and the survey results are to be submitted to the city in accordance with the schedule contained in subsection (G)(7) of this section.

3. An employer may use a random sample employee survey method consistent with subsection L of this section for work sites where four hundred (400) or more employees start work during the peak period.

4. The city will notify employers of the due date for subsequent year surveys.

5. Employee transportation surveys are to be conducted annually unless a work site demonstrates that a future year performance objective is achieved. These work sites are required to survey every other year as long as future year performance objectives continue to be achieved.

6. An employer shall not offer any special incentives or disincentives in addition to its regular employer trip reduction program during the survey week. This limitation does not apply to activities undertaken by an employer in response to a Bay Area Air Quality Management District forecast exceedance day, e.g., the “Spare the Air” campaign.

7. Employee transportation surveys are to be conducted as follows:

a. Employers subject to this chapter November 1, 1993, must conduct an employee transportation survey at those work sites by May 31, 1994.

b. Employers subject to this chapter July 1, 1994, with work sites of one hundred (100) to four hundred ninety-nine (499) employees must conduct an employee transportation survey of those work sites by May 31, 1995.

c. Employee transportation survey results are to be submitted to the city within ninety (90) days of the survey week.

d. Subject to the city approval, an employee transportation survey conducted prior to the effective dates hereof may be submitted to fulfill the requirements of this subsection (G)(7)(d); provided, that: (1) the survey was conducted within six months of its submittal date; and (2) it provides sufficient data to calculate the performance objective pursuant to subsection K of this section.

8. Employers who become subject to this chapter subsequent to the schedule above due to an increase in employees or the establishment of a new or expanded work site shall conduct an employee transportation survey within six months after meeting the requirements of subsection A of this section. The dates in subsection (G)(7) of this section apply regarding submittal to the city.

H. Requirement to Submit Employer Trip Reduction Plan. Employers that do not achieve the performance objectives established in subsection D of this section for the applicable year at any work site subject to this chapter shall prepare and submit an employer trip reduction plan for that work site to the city within one hundred twenty (120) days of a determination that the performance objective was not achieved. An employer may submit a consolidated plan that covers multiple work sites. The city will issue a determination that the performance objective has not been achieved based upon information received pursuant to subsection (G) of this section.

1. The employer trip reduction plan shall contain the following:

a. A detailed description and inventory of trip reduction measures including a list of specific trip reduction measures already implemented;

b. A description, schedule, and commitment to implement additional or enhanced measures which include all reasonable, feasible and cost effective trip reduction measures that can be expected to bring about a significant progress toward achievement of the performance objectives. The plan should include appropriate measures designed to address unique characteristics of the work site;

c. Summary and discussion of the results of an attitudinal survey of employees or an employer/employee work group designed to ascertain employee attitudes toward various incentive and disincentive measures;

d. A discussion of the progress achieved to date and an analysis of why the work site(s) did not achieve the performance objectives including special issues, circumstances or conditions at the work site;

e. A budget indicating all current and projected expenditures for the trip reduction measures.

2. The plan shall be submitted by the highest ranking responsible official of the employer at the work site or each work site when a consolidated plan is submitted that covers multiple work sites.

3. At the option of an employer, the employer trip reduction plan may include an alternative emission reduction program that demonstrates that the measures included in such program will achieve emission reductions equal to or greater than those that would have been realized if the performance objectives were achieved, and that these alternative measures are not required by any other federal, state or local control measure or regulatory requirement. Such an alternative emission reduction program shall include an update or progress monitoring report to be submitted at least every two years to fulfill the requirement of subsection (H)(7) of this section.

4. The city shall approve and the employer shall implement an employer trip reduction plan that includes all reasonable, feasible and cost effective trip reduction measures that can be expected to bring about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity and the geographical distribution of employees relative to the work site; or the city shall approve an alternative demonstration pursuant to subsection (H)(3) of this section. The city shall disapprove any plan that does not meet the above specified approval criteria.

5. An employer shall revise and resubmit to the city any disapproved plan within ninety (90) days of the disapproval. If the revised plan is disapproved, the employer has one additional ninety (90) day opportunity to revise and resubmit a plan before final disapproval. Final disapproval is a violation of the chapter subject to penalty.

6. An employer may appeal any city disapproval of its employer trip reduction plan pursuant to subsection I of this section.

7. An employer subject to this section shall update its employer trip reduction plan once every two years after plan approval until such time as the performance objective is achieved. Such plan updates are to be submitted every two years to the city on or before the anniversary date of plan approval.

8. An employer subject to this section shall continue to meet the requirements of subsection G of this section.

9. An employer shall revise and resubmit its employer trip reduction plan within ninety (90) days of a final determination that an element of an approved employer trip reduction plan violates any provision of law is issued by an agency or court with jurisdiction to make such determination.

I. Appeal of Plan Disapproval. An employer may appeal a plan disapproval made pursuant to subsection H of this section to the city through the procedure listed below:

1. The employer submits a written notice of appeal to the city within thirty (30) days of plan disapproval.

2. The city council will convene to hear the appeal.

3. The city council shall issue its decision on the appeal within thirty (30) days after the close of the hearing.

4. The due date for revised employer trip reduction plans pursuant to subsection (H)(5) of this section will be suspended during the appeal process authorized by this section.

J. Confidentiality. The city will treat the information and data specified in this section as confidential.

1. The city shall treat individual employee transportation survey responses, records and results submitted pursuant to subsection (G) of this section in a confidential manner and shall not release any information about individual employees to the public. Both aggregate and work site performance objective results for an employer shall be within the public domain.

2. The city shall treat employer budget information submitted pursuant to subsection (H)(1)(E) of this section in a confidential manner and shall not release any budget information about individual employers to the public. Aggregate and generic budget information for trip reduction programs and measures shall be within the public domain.

K. Performance Objective Calculations. AVR or VER for each affected work site is to be computed in a manner consistent with the following method:

1. The employer conducts an employee transportation survey during a survey week.

2. AVR is calculated only for those employees who start work or are assigned to the work site during the peak period.

3. If less than sixty percent (60%) of the survey forms are returned for processing from those employees who start work during the peak period, all survey forms not returned from those employees who start work during the peak period shall be counted as single-occupant vehicles for purposes of calculating AVR or VER.

4. If sixty percent (60%) or more of the survey forms are returned for processing from those employees who start work during the peak period, one-half of those survey forms not returned from those employees who start work during the peak period shall be assumed to have the same AVR or VER as that calculated from the responses to the surveys returned, and one-half shall be counted as single-occupant vehicles for purposes of calculating AVR or VER.

5. AVR for the work site shall be calculated by dividing the total “employee-days” for the survey week by the total “vehicle trip-days” for the survey week.

6. VER for the work site shall be calculated by dividing the total “vehicle trip-days” for the survey week by the total “employee-days” for the survey week.

a. Employee-days shall be determined as follows: The total number of employees who start work or are assigned to a work site during the peak period each work day Monday through Friday of the survey week. Each day of the survey week that an employee starts work during the peak period counts as one employee-day. For example, an employee who starts work each day Monday through Friday of the survey week between six a.m. and ten a.m., counts as five employee-days. The following procedures are used in totaling employee-days:

i. Employees telecommuting or are off due to a compressed work week schedule are counted as reporting to the work site in calculating the total employee-days.

ii. The following employees are not included in the employee-days total:

(A) Employees not working because of vacation, sickness or other time-off;

(B) Employees who report to a different work site or an off-site work related activity;

b. Vehicle trip-days shall be determined as follows: The total number of vehicles used by employees who start work or are assigned to the work site each work day Monday through Friday of the survey week. A vehicle trip-day is based on the means of transportation used for the greatest distance of an employee’s home to work commute trip. An employee who starts work during the peak period and arrives at the work site each day of the survey week Monday through Friday in a single-occupant vehicle count as five vehicle trip-days. The following numerical values are used in calculating the total vehicle trip-days:

i. Single-occupant vehicle (drive alone) equals one.

ii. Carpool equals one divided by the number of people in the carpool.

iii. Vanpool equals one divided by the number of employees in the vanpool.

iv. Motorcycle, moped, motorized scooter or motor bike equal one.

v. Clean-fueled vehicles are counted as follows:

(A) Electric vehicle equals zero;

(B) Compressed natural gas vehicle equals one-fourth;

(D) Dual or flexible fueled vehicle equals three-fourths.

vi. The following all equal zero vehicle trip-days:

(A) Public transit (bus, light rail, ferry, Caltrain, BART);

(B) Private buspool or club bus;

(D) Waling and other nonmotorized transportation modes;

(E) Employees telecommuting (only on the days those employees are telecommuting for the entire day);

(F) Employees who work a compressed work week schedule (only on their compressed day(s) off);

(G) Disabled employee vehicles at all times.

7. Employers with multiple work sites within the city have the option to average individual work site AVR or VER to demonstrate that the performance objectives are achieved on an aggregate basis for those work sites when the city is implementing the chapter. If the employer demonstrates that the performance objectives (subsection D of this section) are achieved using the averaging methodology, then those work sites included in the averaging are not subject to the requirements of subsection H of this section.

a. The weighted AVR average of the multiple work sites is calculated by: (1) adding together the employee-days for each work site; (2) adding together the vehicle trip-days for each work site; then (3) dividing the aggregate “employee-days” by the aggregate “vehicle trip-days” to obtain the weighted AVR average.

b. The weighted VER average for the multiple work sites is calculated by dividing the aggregate “vehicle trip-days” by the aggregate “employee-days”.

c. The weighted VER average for multiple work sites can also be calculated as the number of peak period employees multiplied by VER (Site 1) plus the number of peak period employees multiplied by VER (Site 2) divided by the total peak period employees (Sites 1 and 2).

L. Random Sample Method. The method described in this subsection must be followed when an employer chooses to use a random sample to meet the requirements of subsection K of this section.

1. Summary.

a. Subsection (G)(3) of this section provides an option for larger work sites to calculate AVR or VER based upon a random sample of the employee population. The random sample option is available only for work sites where four hundred (400) or more employees start work during the peak period six a.m. through ten a.m.).

b. The size of the random sample depends upon the number of employees who start work during the peak period at the work site. The means to determine the minimum size of the random sample is described in subsection (L)(2)(b) of this section.

c. The sample must be selected as described in subsection (L)(2)(d) of this section. Once the sample group has been selected, the employer is not permitted to send additional survey forms to employees beyond the original sample group. This will invalidate the results of the survey and void the employer’s option to utilize the random sample method.

d. A high response rate is critical to ensure that the random sample produces an accurate AVR or VER for the work site. The employer should make a concerted effort to obtain a completed survey from each employee in the sample. All non-respondents in the sample will be treated as drive alone commuters (i.e., commuting in a single-occupant vehicle) for purposes of calculating the work site AVR or VER.

2. Basic Random Sample Selection Methodology.

a. The employer shall compile a complete list of employees at the work site, in alphabetical order, and assign a consecutive number to each employee. The employer shall exclude from the list employees who are known to regularly start work outside the six a.m. through ten a.m. peak period.

b. The employer shall determine the number of employees to be included in the random sample using the following formula, where “n” is the sample size and “N” is the number of employees who start work between six a.m. and ten a.m.


n =	N
	1 + .0026(N-1)

A sample of size “n” based on this formula should produce an AVR or VER with a sampling error of, at most, plus or minus 0.05, with ninety-five percent (95%) probability. The sample size based on this formula is displayed in the table below:


Number of Peak Period Employees @ Work Site	Sample Size
400 to 420	200
421 to 440	205
441 to 460	210
461 to 480	214
481 to 500	218
501 to 550	225
551 to 600	235
601 to 650	240
651 to 700	248
701 to 750	255
751 to 800	260
801 to 850	265
851 to 900	270
901 to 950	274
951 to 1,000	278
1,001 to 1,500	300
1,501 to 2,000	320
2,001 to 3,000	340
3,001 to 4,000	350
4,001 to 6,000	360
6,001 to 10,000	370
>10,000

c. In no case can the random sample size be less than indicated in the above table. The employer may choose to include a larger number of employees in the survey. A larger sample group should more accurately represent the entire employee population; provided, that the employer obtains a high response rate.

d. After the sample size has been determined, the employer has two options for selecting the sample:

i. Use a computer program to select distinct random numbers from the employee list (e.g., two hundred seventy-eight (278) distinct random numbers between one and one thousand (1,000), where one thousand (1,000) employees start work during the peak period);

ii. Select employees from the list based upon a sampling interval and random starting number.

To determine the sampling interval, the employer shall divide the total population of employees who start work during the six a.m., through ten a.m., peak period by the sample size and round the result down to the nearest integer.

Example: If a work site has one thousand (1,000) employees who start work during the peak period and the sample size is two hundred seventy-eight (278), then the sampling interval equals 1,000 divided by 278 = 3.6. The 3.6 is rounded down to 3 to produce the sampling interval. Therefore, every third name on the list shall be selected beginning at a random starting number X where X is between 1 and 3. If X equals 3, then the sample would include numbers 3, 6, 9, 12, 15, etc., until the required two hundred seventy-eight (278) numbers have been selected.

e. The methodology described in subsection (L)(2)(d) of this section will eliminate potential bias that could result from choosing survey participants on the basis of department, rank, income level, home zip code or other demographic factors, or from excluding certain segments of the employee population.

3. Selection Process for Subsequent Surveys.

a. In subsequent surveys, the employer may select the random sample using the method described in subsection (L)(2) of this section or the employer may choose to survey the same employees that were included in the previous random sample. Employees in the previous random sample group who have left the organization shall be replaced in the new sample by employees selected per subsection (L)(2) of this section. The latter approach may enable the employer to more accurately track changes in commute mode from one survey to the next.

b. If the number of employees who start work between six a.m. and ten a.m. has increased or decreased by more than twenty percent (20%) since the last survey, the employer shall select a completely new random sample group using the methodology described in subsection (L)(2) of this section.

4. Performance Objective Calculation, Reporting and Recordkeeping.

a. AVR or VER must be calculated according to the methodology described in subsection K of this section. Notwithstanding the provision of subsection (K)(4) of this section, any employee in the random sample group who fails to submit a completed survey form shall be included in the performance objective calculation as a drive alone commuter (single-occupant vehicle).

b. The employer shall submit to the city:

i. The completed survey forms for processing or the results of the survey, according to the schedule in subsections (G)(7) or (G)(8) of this section;

ii. A description of the methodology used to select the random sample; and

iii. A tally showing the number of surveys distributed, the number completed and the number of nonrespondents.

c. The employer shall retain records needed to document adherence to this protocol for a period of at least three years, including: the master list used to generate the random sample and the names and numbers selected from that list. Such records, files and documentation shall be made available to the city during any on-site audit conducted by the city. (Prior code § 10.61)

10.24.060 Violations—Penalties.

Any person failing to comply with provisions of this chapter shall be guilty of a misdemeanor and shall be subject to a fine of not more than one hundred dollars ($100.00) for each day of a continuing violation. (Prior code § 10.62)