Chapter 10.20


Article I. General Provisions and Definitions

10.20.010    Title.

10.20.020    Purpose and intent.

10.20.030    Definitions.

Article II. Program Requirements

10.20.040    Applicability.

10.20.050    City responsibilities.

10.20.060    Employer responsibilities.

10.20.070    Enforcement.

10.20.080    Fees.

    Prior legislation: Ord. 2078. 1990 Code §§ 3-14205 and 3-14206.

Article I. General Provisions and Definitions

10.20.010 Title.

This chapter shall be known as the “city of Fremont trip reduction and transportation demand management ordinance” and may be so cited. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14100.)

10.20.020 Purpose and intent.

The purpose and intent of this chapter is to ensure the future health, safety and general welfare of Fremont citizens by the implementation of transportation strategies aimed at reducing the demand for vehicular travel consistent with the general plan goals, policies and environmental mitigation requirements. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14101.)

10.20.030 Definitions.

“CMA” means the congestion management agency of Alameda County designated to develop, adopt and update the CMP.

“CMP” means the Congestion Management Program mandated by California voters in 1990, as adopted and amended by the CMA.

“Commute alternatives” means carpooling, vanpooling, transit, bicycling, telecommuting and/or walking and other approved methods (e.g., alternative work schedules, compressed work weeks) of commute alternatives.

“Commute alternatives information program” means a program to provide information about commute alternatives.

“Employee” means any person who regularly works 20 hours or more per week at a worksite, normally travels between 6:00 to 10:00 a.m. or 3:00 to 7:00 p.m. and who normally works at least 26 weeks per year.

“Employer” means any public, private or nonprofit employer who has a permanent worksite in the city of Fremont.

“Employer” does not include contractors with no permanent place of business in the jurisdiction and other businesses with no permanent workplace location.

“Transportation demand management or TDM” means a set of strategies aimed at reducing the demand for roadway travel, particularly in single occupancy vehicles. These strategies address a wide range of externalities associated with driving, including congestion, poor air quality, less livable communities, reduced public health, dependence on oil, reduced environmental health, and climate change and GHG emissions. Some TDM strategies are designed to reduce total travel demand, while others are designed to reduce peak period demand, which may disproportionately contribute to these externalities.

“Transportation demand management (TDM) coordinator, city” means a staff member appointed by the city manager to oversee and implement the provision of this chapter as well as the city’s TDM program.

“Transportation demand management (TDM) coordinator, employer or association” means a coordinator responsible for overseeing an employer’s or an association’s TDM program.

“Worksite” means any property which is being operated or maintained by an employer as part of an identifiable enterprise. 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 worksite. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14102.)

Article II. Program Requirements

10.20.040 Applicability.

The provisions of this chapter shall be applied to all employers of 50 or more employees at a single worksite wherein the city: (a) approves a new building or addition in excess of 10,000 square feet; (b) grants additional floor area ratio (FAR) in accordance with provisions of Chapter 18.250; or (c) adopts an environmental document containing mitigation measures to reduce trips and/or transportation demand. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14200.)

10.20.050 City responsibilities.

(a)    The city manager shall designate a transportation demand management coordinator to serve as the point of contact for and provide guidance to employers subject to this chapter. The transportation demand management coordinator shall be responsible for the following:

(1)    Advising employers about commute alternatives and how commute alternatives can reduce traffic congestion and air pollution.

(2)    Providing a list of approved training courses for employee transportation coordinators.

(3)    Collaborating with the congestion management agency (CMA) and other regional agencies to provide data and surveys on commute patterns and transportation modes between home and work.

(4)    Developing a program for monitoring and enforcing compliance with individually required TDM programs and other provisions of this chapter.

(b)    The city manager shall designate a commute alternatives hearing officer to consider appeals or petitions brought by employers who are found to be in noncompliance with this chapter. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14201.)

10.20.060 Employer responsibilities.

All employers shall do the following within the specified time periods following notification from the city that they are subject to this chapter’s requirements:

(a)    Transportation Demand Management (TDM) Coordinator. Within 60 days following notice from the city as to employer requirements under this chapter, appoint a transportation demand management (TDM) coordinator who shall bear the day-to-day responsibilities for implementing this chapter’s requirements for the employer. Within 90 days following appointment, or within such other time specified by the city, and unless the coordinator has had one year of experience as a coordinator, the coordinator shall complete coordinator training course approved and/or provided by the city.

(b)    Initial Information Program. Within 150 days following appointment of the transportation demand management (TDM) coordinator, provide to the city a plan for encouraging the employees to use transportation alternatives by providing them with information about alternatives to driving alone to work. The employer must implement the plan within 30 days following review and approval by the city. The information program must include annual distribution of up-to-date marketing and information materials about commute alternatives and their impact on congestion and air pollution to every employee.

(c)    Employers must distribute or post all commute alternatives materials provided by or through the city or the CMA.

(d)    New Hires. All newly hired employees must receive information about commute alternatives within two weeks of commencing employment including, but not limited to, material distributed as part of the employer’s information program.

(e)    Employee Surveys. The employer shall administer surveys as required by the city. The survey form will be provided by the city and will be required not more often than once each year.

(f)    Annual Evaluation and Plan Update. Within 30 days of the anniversary of the previous year’s plan implementation, or at some other time required by the city (not more often than once each year), submit an evaluation to the city of the previous year’s activities and plans for the subsequent year. The evaluation will include, but not be limited to, all materials given to employees in the previous year and a description and schedule of contacts with employers. Plans for the following year will be based on the employer’s analysis of the success of the previous year’s efforts in encouraging the use of transportation alternatives and must be implemented within 30 days of submittal to the city unless the city determines that the plan requires revision.

(g)    Transportation Demand Management (TDM) Coordinator Meetings. If requested to do so by the city, transportation demand management (TDM) coordinator shall attend meetings organized by the city to provide information about developing and implementing commute alternatives programs. Meetings will be held no more often than quarterly.

(h)    Notwithstanding the above requirements, the city may condition a development project to prepare and implement a TDM plan that aids in mitigating impacts associated with additional development or growth. The TDM plan shall generally incorporate the requirements listed above but will provide additional employer resources and employee incentives to reduce individual trips to and from the site. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14202.)

10.20.070 Enforcement.

(a)    City Manager’s Powers. The city manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter. The city manager or his/her designee may grant an extension of time for compliance with the provisions of this chapter if the public interest would be served by such an extension.

(b)    Violations – Appeals. If the city transportation demand management coordinator finds that an employer has failed to fulfill chapter requirements, the coordinator shall notify the employer within 30 days of becoming aware of the violation. If the employer does not comply with the chapter requirements within 30 days of the date of the warning notice from the city, the city transportation demand management coordinator will issue a notice of violation. The employer may, within 10 days of receipt of such notice, file an appeal with the city clerk stating the grounds for the appeal. Upon receiving an appeal, the city manager shall appoint a hearing officer to hear the appeal. The hearing officer shall render a decision within 10 days of the date of the hearing. The decision of the hearing officer shall be in writing and shall be mailed to both the employer and the city transportation demand management coordinator.

(c)    Penalties.

(1)    Civil Assessment. An employer who fails to comply with any of the provisions of Section 10.20.060 within 90 days of written notice to comply shall be liable to the jurisdiction for a civil assessment in the amount of $250.00 per day for each day of noncompliance, commencing with the ninety-first day following notice.

(2)    Injunction. In addition to any other legal remedies available to the city, the city 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.

(3)    Operative Date. Enforcement provisions shall be effective from and after one year following the effective date of this chapter. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14203.)

10.20.080 Fees.

The city council may, by resolution, establish fees to support the administration and enforcement of this chapter. (Ord. 2016 § 1, 9-15-92; Ord. 12-2016 § 1, 6-7-16. 1990 Code § 3-14204.)