Chapter 25B


25B.1    Trip reduction and transportation demand management.

25B.2    Definitions.

25B.3    Average vehicle ridership goals.

25B.4    Administration.

25B.5    Applicability.


25B.10    Reserved.

25B.1 Trip reduction and transportation demand management.

(a) Within the city, the implementation of trip reduction and travel demand requirements pursuant to Government Code Section 65089.3 shall be satisfied through the administration, implementation, and enforcement by the Bay Area Air Quality Management District Regulation 13, Rule 1 (“Trip Reduction Requirements for Large Employers”).

(b) The city clerk shall certify annually to the Santa Clara County Congestion Management Agency that this section remains in effect. (Ord. No. 92-6, § 1, 6-1-92; Ord. No. 94-6, § I, 6-6-94)

25B.2 Definitions.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as set forth in this section.

“Average vehicle ridership (AVR)” means the total number of employees assigned to a work site between 6:00 a.m. and 9:00 a.m. Monday through Friday divided by the number of vehicles they drive from home to work. Credit may be given for employee work trips eliminated during a biweekly period due to the use of compressed work weeks, telecommuting, bicycling or walking.

“Carpool” means a motor vehicle occupied by two (2) or more employees traveling together.

“City” means City of Gilroy or designee.

“Commute” means a home-to-work or work-to-home trip.

“Commute alternatives” means any form of commute transportation except by single-occupancy vehicle.

“Commute coordinator” means an employee or contractor of an employer, whose responsibility is the day-to-day management of any TDM program.

“Compressed work week” means a work schedule for an employee which eliminates at least one round trip commute biweekly. For example, forty (40) hours of work in four (4) ten-hour days or a work plan that allows one day off every other week, known as the nine-eighty plan.

“Designee(s)” means any private entity or governmental agency designated by the city to administer all or any of the provisions of this chapter except those related to the bringing of enforcement actions under this chapter.

“Employee” means one who is assigned to the designated work site in the a.m. peak period. An employee is one who works in the service of an employer for either wages or salary, as a contract employee under the direction of the work site employer or through a temporary service agency during a period of more than ninety (90) continuous days.

“Employer” means any public or private employer, including the city and the county of Santa Clara which has a work site in the city. For purposes of this chapter, the maximum number of employees on the day shift at the designated work site shall determine the size of the employer.

“Flexible work hours” means a variation of an employee’s work hours to provide an incentive for the employer to use commute alternatives.

“Peak period” means the hours from 6:00 a.m. to 9:00 a.m., Monday through Friday, excluding federal holidays. Peak period trips shall mean employees’ commute trips to a work site where the employees’ work day begins.

“Person” means an individual, trust, firm, joint stock company, corporation, partnership, association or other business entity, city, county, district, the state, any department or agency thereof, or the United States, to the extent authorized by law.

“Single-occupancy vehicle” means a motor vehicle occupied by one employee for commute purposes.

“Telecommuting” means a system of either working at home or at an off-site work station with computer facilities that link to the work site.

“Transportation demand management (TDM)” means the provision of information, assistance, incentives or other measures designed to increase average vehicle ridership (AVR) and which is intended to reduce the number of motorized vehicles driven to the work site.

“Transportation demand management program (TDM program)” means a plan implemented by an employer designed to carry out TDM. TDM programs may include any or all of the following TDM services and incentives:

(1) Ridesharing matching.

(2) Preferential parking for ridesharing vehicles.

(3) Carpool/vanpool subsidies or rewards.

(4) Transit ticket sales.

(5) Transit ticket subsidies.

(6) Shuttle to transit line.

(7) Flexible work hours for people who do not drive alone.

(8) Compressed work weeks.

(9) Work-at-home programs.

(10) Telecommuting.

(11) Establishing fees for employee parking.

(12) Membership in a transportation management association that provides TDM services and incentives.

(13) Contribution to a transportation system management program administered by a member agency.

(14) Cycling and walking subsidies or rewards.

(15) Site design amenities that would encourage transit use, ridesharing, cycling and walking.

(16) Other programs approved by the city’s designee to reduce the number of employees who drive alone to the work place.

“Transportation management association (TMA)” means an organization through which developers, employers, and/or local governments cooperate in designing, implementing, and evaluating a TDM program.

“Transportation systems management” means low-cost improvements to the transportation system (roads and transit) which increase the operational efficiency and/or capacity of the system.

“Vanpool” means a van occupied by seven (7) to fifteen (15) employees who commute together to work.

“Vehicle” means a vehicle as defined in the California Vehicle Code, but for the calculation of AVR does not include public or private transit buses or nonmotorized bicycles.

“Work site” means any place of employment, base of operation or predominant location of the employer. All buildings or facilities operated or occupied by the employer within the city and within a radius of 1.5 miles of a single centrally located building or facility operated or occupied by the same employer shall be deemed a single work site. For the purposes of this chapter, the actual boundary area of a work site will be identified in submittals made pursuant to this chapter and approved by the city or its designee. (Ord. No. 92-6, § 1, 6-1-92)

25B.3 Average vehicle ridership goals.

The following AVR goals are established in order to achieve and measure progress toward a net increase in the use of commute alternatives and a reduction in vehicle trips to the work site during the 6:00 a.m. to 9:00 a.m. commute:

AVR Zone

AVR Goals and Compliance Year








Zone 4








(Ord. No. 92-6, § 1, 6-1-92)

25B.4 Administration.

The provisions of this chapter shall be administered by the city, or by any designee authorized by the city council to administer the provisions of this chapter on behalf of the city. No designee shall be authorized to bring any legal action on behalf of the city for enforcement of any provision of this chapter. (Ord. No. 92-6, § 1, 6-1-92)

25B.5 Applicability.

The provisions of this chapter shall apply to all work sites within the city with one hundred (100) or more employees during the hours of 6:00 a.m. to 9:00 a.m. (Ord. No. 92-6, § 1, 6-1-92)

25B.6—25B.10 Reserved.

    Editor’s note: Ord. No. 94-6, § II, adopted June 6, 1994, deleted §§ 25B.6—25B.10 in their entirety. Former §§ 25B.6—25B.10 pertained to an implementation schedule, designation of manager and commute coordinator, baseline TDM report, annual TDM report and enforcement respectively and all former sections derived from Ord. No. 92-6, § 1, adopted June 1, 1992.