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O1698 CA:MHS:tmp3jhpcjpc city Council Meeting 8-10-93 Santa Monica, California ORDINANCE NUMBER l698(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.16.030, 9.16.050, 9.16.070, 9.16.090, AND 9.16.130 RELATED TO TRANSPORTATION MANAGEMENT THE CITY COUNCIL OF THE CITY OF SANTA MONICA 'DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.16.030 is amended to read as follows: SECTION 9.16.030. Definitions. The following words or phrases shall have the following meanings when used in this Chapter: Audit. A selective inspection by the city of an employer's activities related to the fulfillment of ongoing implementation and monitoring of an approved Worksite Transportation Plan. Average Vehicle Ridership (AVR). The total number of employees who report to or leave the worksite or another job-related activity during the peak periods divided by the number of vehicles driven by these employees over that five-day period. The AVR calculation requires that the five-day - 1 - period must represent the five days during which the majority of employees are scheduled to arrive at the worksite. The hours and days chosen must be consecutive. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle ridership during the year is obtained. An example of calculating morning AVR using a weekly averaging period for an employer with 300 employees all reporting to work weekdays for the four consecutive hours between 5:00 a.m. and 11:00 a.m. during which the majority of the employee work trips are generated is: Employees reporting to work: Monday 300 Tuesday 300 Wednesday 300 Thursday 300 Friday 300 Total 1500 Number of vehicles driven to the worksite by these employees: Monday 270 Tuesday 250 Wednesday 280 Thursday 265 Friday 262 Total 1327 In this example, AVR is arrived at by dividing the number of employees reporting to work between the hours of 5:00 a.m. and 11:00 a.m. during the week (1500) by the number of vehicles driven to the - 2 - worksite between the same hours during the week (1327): 1500 = 1.13 AVR 1327 A similar calculation is required for obtaining the afternoon peak period AVR for commute trips to and from the worksite between 3: 00 p.m. and 7: 00 p.m. This example does not include credits for telecommuting, clean fuel vehicles, or compressed work weeks. However, credits will be given for these measures in calculating actual AVR as indicated in the Employer Handbook. Employers of individuals utilizing a guaranteed ride home service will not be penalized in the AVR calculation. AVR Calculation. The numerical method used to determine the worksite's AVR. AVR Gap. The difference between an employer's current AVR and the AVR target. AVR Target. The AVR that a Worksite Transportation Plan is designed to achieve for a particular worksite. The AVR target for worksites in Santa Monica (Source Receptor Area 2) is 1.5 AVR. AVR Verification Method. A method for determining an employer's current AVR, either before a worksite transportation plan is initially - 3 - submitted or after implementation of a worksite transportation plan. AVR Window. The period of time comprised of both hours and days used to calculate AVR (i.e. 5:00 a . m . - 11: 00 a. m . and 3: 00 p. m . - 7: 00 p. m. ) . Buspool/ Shuttle Bus. A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. California Department of Transportation (Caltrans) . The state agency responsible for the maintenance and development of California's transportation systems. Carpool. A motor vehicle occupied by two (2) or more employees traveling together to and from work. Children/Students. Children/students riding in a carpool or vanpool count as adult passengers if the employee(s) drop them off at a school or childcare facility within a one mile radius, or if the employee travels with the child/student to the worksite. Clean Fuel Vehicle or Low Emission Vehicle (LEV) . A motor vehicle capable of operating on liquid petroleum gas (LPG), methanol, compressed natural gas (CNG) or electricity (EV), and certified - 4 - by the California Air Resources Board (CARB) as an LEV. Commute Trip. A home-to-work or work-to-home trip. Compliance Inspection. An unannounced inspection by the city, the South Coast Air Quality Management District, or its agent of an employer's activities related to the fulfillment of ongoing implementation and monitoring of an approved Worksite Transportation Plan. Compressed Work Week. This applies to employee(s) who, as an alternative to completing the basic work requirement in five, eight-hour workdays in one week or ten, eight hour workdays in two weeks, are scheduled in a manner which reduces vehicle trips to the worksite. The recognized compressed work week schedules for purposes of Chapter 9.16 of the Municipal Code are thirty-six hours in three days (3/36), forty hours in four days (4/40), or eight hours in nine days (9/80). Consultant WTPC. A person that meets the requirements of and that serves as a Senior WTPC or a WTPC at a single worksite for an employer other than the Consultant WTPC's employer. Developer. Any person responsible for development of a non-residential development project - 5 - which will result in ten (10) or more peak period trips. Disabled Employee. An individual with a physical or mental impairment which prevents the individual from complying with the employer's worksite transportation plan or traveling to work by a means other than a single-occupant vehicle. Employee. Any person employed by a person(s), firm, business, educational institution, non-profit agency or corporation, government agency or other entity who reports to work at a single worksite for six months or more, excluding paid resident students working on a school campus. Temporary and part-time employees shall be treated as defined. Employer. Any public or private including the City of Santa Monica, permanent place of business in the employing 10 or more employees. Guaranteed Ride Home. Transportation provided by the employer for employees who rideshare in the event employees cannot rideshare home because of unforeseen overtime requirements or other emergency circumstances. employer, having a ci ty and Level of Service ("LOS"). A term to describe prevailing and projected traffic conditions on a roadway and is expressed by delay and the ratio of volume/capacity (V /e) . six levels of service are - 6 - designated "A" through "F." "A" describes a free flowing condition and "F" describes forced traffic flow conditions with severe capacity deficiencies and delays. This definition is based on the Highway Capacity Manual, Transportation Research Board SR 209 (1985). Low Income salary is equal individual income Employee. An individual whose to or less than the current level set in California Code of Regulations, Title 25, section 6932, as lower income for the county in which the employer is based. Higher income employees may be considered to be "low-income" if the employee demonstrates that the plan disincentive would create a substantial economic burden. Mitigation Measures. Those actions (e.g., Transportation Systems Management, Transportation Demand Management, and Transportation Facili ty Development) which are taken to reduce traffic impacts. Monitoring. The techniques used to assess progress towards complying with the transportation management plan. Multi-Site Employer. Any employer which has more than one worksite within the City of Santa Monica, or more than one worksite in the South Coast - 7 - Air Basin with one or more of those sites located in the City of Santa Monica. Multi-Tenant Worksite. A structure, or group of structures, on one worksite where more than one employer conducts a business. Non-Commuting Credit. Employees who arrive at the worksite during the AVR window and remain at the worksite or leave the City's jurisdiction for one or more days to complete work assignments. AVR Credit is allowed for employees who generate no worktrips associated from arriving at or leaving the worksite because the employee has remained at the worksite or is no longer within the District's jurisdiction for one day or more. On-Site coordinator. An employee, with appropriate training, provided by a Training Provider recognized by the City and the SCAQMD, who serves as on-site contact for employees at a worksite served by a Consultant or Senior WTPC. Part-Time Employee. Any employee who reports to a worksite on a part-time basis fewer than 32 hours per week, but more than 4 hours per week. These employees shall be included in the AVR calculations of the employer provided the employees report to the worksite during the AVR window. - 8 - Peak Period. In the morning, the peak period includes the hours from 5:00 a.m. to 11:00 a.m. The employer chooses four consecutive hours in the morning peak period in which to calculate the morning AVR. The four consecutive hours shall reflect the arrival and departure times of the majority of the employee population. In the evening, the peak period includes the hours from 3:00 p.m. to 7:00 p.m. Peak Period Trip. An employee's commute trip that begins or ends at the worksite or work related trip within the peak period. Pedestrian Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. Such uses may include, but not be limited to, neighborhood commercial uses, retail uses, cultural uses, restaurants, cafes, and banks. Preferential Parking. Parking spaces designated or assigned for carpool and vanpool vehicles carrying commute passengers on a regular basis and are provided at a reduced cost and/or in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. - 9 - Ridesharing. Any mode of transportation other than a single occupancy vehicle which transports one or more persons to a worksite. Satellite Work Center. A worksite other than the regular worksite which results in a shorter commute distance for the employee and from which the employee performs regular work functions. Senior WTPC. An employee who has a current certification as a WTPC, is responsible for the development, implementation, monitoring and marketing of WTPs for single or multiple sites, and is responsible for On-site Coordinators. Telecommuting. Any employee(s) working at home or at a satellite work center for the entire work day provided the satellite work center reduces an employee (s) work trip by at least 20 miles one way. Temporary Employee. Any person employed by an employment service or a "leased" employee, that reports to a worksite other than the employment service's worksite, under a contractual arrangement with a temporary employer. Temporary employees are counted as employees of the employment service for purposes of calculating AVR. However, the on-site employer must, at a minimum, include in the plan a program to provide any temporary employees that are at the worksite with information about alternative - 10 - transportation to the single occupant vehicle and access to non-financial incentives. Training Provider. A person, firm, business, educational institution, non-profit agency or corporation or other entity which meets requirements and is certified by the Executive Officer of the South Coast Air Quality Management District to provide training, as required by Chapter 9.16 of the Municipal Code, to Senior WTPCs, Consultant WTPCs, and On-site Coordinators. Transportation Demand Management ("TDM"). The implementation of strategies which will encourage individuals to either change their mode of travel from a single-occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than peak periods. Transportation Facility Development ("TFD"). Construction of major capital improvements to a highway or transit system or installation of operating equipment which includes new construction of the existing system or construction of a new system. Transportation Management Association ("TMA"). A group formed so that employers, employees, and developers can collectively address community transportation-related problems. Transportation Management Associations may be formed to implement - 11 - TDM, TSM, and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a TMA is to pool resources to implement solutions to commuter-related congestion problems in conjunction with the City Transportation Coordinators. The city may identify employment clusters or multi-tenant worksites where an employer organization such as a TMA should be formed. Transportation System Management ("TSM") . Strategies designed to improve traffic flow through modifications in or coordination of the operation of existing facilities. Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during peak periods of commuting. Vanpool. A van or similar motor vehicle with a seating capacity of seven or more persons occupied by four or more employees traveling together to work. ---.. Vehicle. A passenger car or truck used for commute purposes including any motorized two wheeled vehicle. Vehicles shall not include bicycles, transit vehicles, buses serving multiple worksites, or vehicles which stop only to load or unload passengers or materials at a worksite while on route to other worksite(s) . Work Place or Worksite. A building, part of a building, or grouping of buildings located within - 12 - the City which are in actual physical contact or separated solely by a private or public roadway, and which are owned or operated by the same employer. Worksite Transportation Plan ("WTP"). A plan for implementation of transportation management strategies which is designed to reduce the impacts of a particular worksite on traffic and air quality. Worksite Transportation Plan Appeals Board ("WTP Appeals Board"). The administrative review body for decisions of the City's Transportation Management Coordinator. The WTP Appeals Board shall consist of the Parking and Traffic Engineer, the Director of the Land Use and Transportation Management Department, and an at-large member appointed by the City Council. The Parking and Traffic Engineer and the Director of the Land Use and Transportation Management Department may designate an employee from his or her division or department as his or her representative. Worksite Transportation Plan Coordinator. An employee, tenant, property owner, property manager, contracted service, or representative of an employer association, with appropriate training as approved by the city and the South Coast Air Quality Management District, whose function is to promote TMP program acti vi ties. The Coordinator does not have to be on-site at all times; however, all worksite-related information must be kept at the - 13 - worksite. Worksite Transportation Plan Coordinators shall be responsible for day-to-day implementation of worksite transportation plans. Worksite Transportation Plan Coordinators shall prepare and make available rideshare information, notices, questionnaires, handouts, computer matches, transit and bicycle route maps, and shall have a permanent mailing address, daytime telephone number and office. Worksite Transportation Plan Coordinators shall administer incentive programs included within worksite transportation plans, such as rideshare matching, vanpool brokerage, bus token or pass distribution, parking fees, and transportation allowances. Worksite Transportation Plan Coordinators shall participate in city-sponsored training workshops and information roundtables. SECTION 2. section 9.16.050 of the Municipal Code is amended to read as follows: SECTION 9.16.050. Transportation Impact Fee. (a) Employer Annual Impact Fee. There shall be an Employer Annual Impact Fee. The purpose of the Employer Annual Impact Fee is to pay for the costs of administration and enforcement of this Chapter. The amount of the employer cost factor used to calculate the fee shall be established and from time to time amended by resolution of the City Council. - 14 - (1) Employers shall pay an annual transportation impact fee calculated using the following formula: Fee = (Number of Employees) x (Employee Cost Factor). For purposes of calculating an employer's annual impact fee, the definition of employee shall include full-time, part-time, temporary, seasonal, at-home or in-field contractors of consultants working at a worksite for two months or more. (2) The City TMP Office shall begin notifying employers of required Employer Impact Fees in accordance with the Employer Worksite Plan Schedule in Section 9.16.090 (a) . Employer Impact Fees shall be due and paid in full with submittal of the Employer Worksite Plan. The City shall mail notice of the payment required by this subsection at least 90 calendar days prior to the due date. (3) Once the Employer Annual Impact Fee required pursuant to this Section has been paid, there shall be no refunds. (4) Employers who demonstrate attainment of a 1.5 AVR shall receive a 40% reduction in the Employer Annual Impact Fee for the following year. Employers who demonstrate attainment of a 1.5 AVR for two consecutive years shall receive a 50% reduction in the Employer Annual Impact Fee for the fOllowing year. Employers who demonstrate attainment of a 1.5 AVR for three - 15 - consecutive years shall receive a 60% reduction in the Employer Annual Impact Fee for the following year. (5) Employers who join a TMA certified by the city shall receive a 25% reduction in the Employer Annual Impact Fee. Each employer which demonstrates attainment of a 1.5 AVR shall receive a 40% reduction in the Employer Annual Impact Fee for the following year, and if they are a member of a certified TMA, will receive a total fee reduction of 65%. Each employer which demonstrates attainment of a 1.5 AVR for two consecutive years shall receive a 50% reduction in the Employer Annual Impact Fee for the following year and if they are a member of a certified TMA, will receive a total fee reduction of 75%. Each employer which demonstrates attainment of a 1.5 AVR for three consecutive years shall receive a 60% reduction in the Employer Annual Impact Fee for the following year, and if they are a member of a certified TMA, will receive a total fee reduction of 85%. Fees charged by the TMA to employers for its operation and administrative costs shall be separate from the City's Employer Impact Fee. (6) Employers of 100 or more employees submitting an approved Regulation XV Plan less than six months old shall be exempt from the Employer Annual Impact Fee for the first year. - 16 - (b) Developer Impact Fee. The purpose of the developer impact fee is to defray the cost of providing transportation facilities and services associated with new commercial development. (1) Developers who apply for building permits for new or expanded development projects in the City shall mitigate their resultant transportation by paying a one-time transportation impact fee. The amount of the fee and manner of payment shall be established and from time to time amended by resolution of the City council. (2) Fees shall apply to developers who have not received certificates of occupancy as of the effective date of the resolution establishing the fees. (3) Developers shall pay the required fee prior to issuance of a building permit. Developers who have already obtained building permits must pay the required fee prior to issuance of a certificate of occupancy. (4) The following land uses are encouraged by the city because of their beneficial impacts and shall receive reductions from the Developer Impact Fee: supermarkets and pedestrian- oriented uses on the ground floor of a mUlti-story building. Both the Impact Fee and the reduction shall be established by resolution. - 17 - (5) Refunds of the Developer Impact Fee shall be made upon the filing of a request for refund within six (6) months of expiration of a building permit upon verification that construction of the improvements for which the permit was issued have not commenced and no extensions of the building permit have been granted. No interest shall be paid on any refunded fee. SECTION 3. Santa Monica Municipal Code Section 9.16.070 is amended to read as follows: SECTION 9.16.070. Contents of Worksite Transportation Plans. Employers of 50 or more employees shall prepare, implement, and monitor Worksite Transportation Plans for transportation demand management (TDM), transportation system management (TSM), and transportation facility development (TFD), which Worksite Transportation Plans shall reduce traffic and environmental impacts of their sites in the city. The Worksite Transportation Plan shall be in a form approved by the City's Transportation Management Coordinator. The Worksite Transportation Plan shall undergo an intensive plan review by the city's Transportation Management Coordinator. (a) The Worksite Transportation Plan shall include some or all of the following mitigation measures, and shall include an implementation schedule for each incentive contained therein: (1) Education and Marketing: Hire and fund an in-house Transportation Management - 18 - Coordinator; participate in a TMA if available or required. (2) Parking Management: increase employee parking fees; preferential carpool and vanpool parking. (3) Ridesharing: Conduct participate in Rideshare Matching Program; vanpools; provide carpool, vanpool, and subsidies. Charge or establish or broker buspool (4) Transit: Provide transit tokens or pass subsidies; dedicate land, if required or approved by the city, for light rail right-of-way, park-n-ride lots, transit stops, or bus bays; operate or fund shuttle bus operations; install and maintain bus shelter(s), if required or approved by the city. (5) Bicycling: Provide secure bicycle storage facilities; provide showers and lockers; develop or fund city-approved bicycle paths. (6) Alternative Work Schedules: Implement 4/40 work weeks; implement 9/80 work weeks; implement other flexible work weeks as approved by the City's Transportation Management Coordinator; establish telecommuting program. (7) Trip Length Reduction: Conduct outreach in order to facilitate hiring to increase proportion of employees living wi thin three miles radius of worksite. - 19 - (8) Use of Clean Fuel Vehicles: Provide incenti ves to employees who commute in a clean fuel vehicle. (9) Other Measures Approved by the city's Transportation Management Coordinator. (b) The Worksite Transportation Plan shall consist of a report that: (1) Calculates AvR levels for morning and afternoon peak periods. (2) Describes the plan incentives to be offered, and a schedule for their implementation. ( 3 ) Determines the number and percentage of the project population that participates in rideshare activities, by mode, and estimates these statistics for the upcoming plan year. (4) Determines the use of COde-required on-site parking facilities (i. e., number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and estimates use for the upcoming year. (5) Determines the use of off-site parking and estimates use for the upcoming year. ( 6) Determines the current number of transit tokens/passes sold to project employees at full or discounted prices and the estimated number to be sold in the upcoming plan year. - 20 - (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute and estimates these numbers for the upcoming year. (8) Determines the number of employees who bicycle or walk to work and the number of bicycle racks, lockers, and shower/locker facilities on-site and estimates these statistics for the upcoming year. (9) Determines the physical condition of project-related TSM capital improvements. (10) Determines the number of morning and evening peak period vehicle trips to and from the worksite, and work related trips. (11) Identifies and evaluates objectives of the plan and provides an explanation of why the plan is likely to achieve the AVR target levels. (12) Names the designated person or trained Worksite Transportation Coordinator for each site who is responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey which is not more than six months old, or other mechanism approved by the Parking and Traffic Engineer. This survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at the worksite. This survey must have a - 21 - minimum response rate of 75% of employees who report to or leave work, for the four consecutive hours between 5:00 a.m. and 11:00 a.m., inclusive, during which the majority of the employee worktrips are generated, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m., inclusive. (14) Includes a zip code 1 isting showing where all employees live who report to the worksite during the peak periods. (15) Lists public transit services serving the worksite, indicating the specific locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking official on site, which includes a description of efforts taken to involve employees in the development of commute alternative incentives, states that employee notification provisions have been and will be met, and all data is accurate to the best of the employer's knowledge. (17) Describes the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (18) A employees by job profession, etc.). listing of category the percentage of (e.g. clerical, - 22 - (c) The procedure for calculating AVR at a worksite shall be as follows: (1) The AVR calculation shall be based on data obtained from an employee survey as described in paragraph (b) (13) of this section. (2) AVR shall be calculated by dividing the number of employees who report to or leave the worksite by the number of vehicles arriving at or leaving the worksite. All employees who report to or leave the worksite that are not accounted for by the employee survey shall be calculated as one employee per vehicle arriving at or leaving the worksite. Employees walking, bicycling, telecommuting, using public transit, or on their day off under a recognized compressed work week schedule shall be counted as employees arriving at or leaving the worksite without vehicles. Motorcycles are counted as vehicles. (3) If an employee arrives at or leaves the worksite with a child or student, or arrives at or leaves a school or childcare facility within a one mile radius of the worksite with a child or student, the child or student may be calculated in the AVR as an additional person in the carpool or vanpool. Each additional child or student in the carpool or vanpool shall be calculated as an additional person at the ratio of one child or student per one employee. - 23 - (4) If two or more employees from different employers commute in the same vehicle, each employer must account for a proportional share of the vehicle consistent with the number of employees that employer has in the vehicle. (5) Any employee telecommuting at home shall be calculated as if the employee arrived to the worksite in no vehicle. Any employee telecommuting at a satellite work center which reduces the employee trip by at least 20 miles one way for an entire work day and arrives at the work center by a travel mode other than a motor vehicle or in a California Air Resources Board approved zero-emission vehicle, shall be calculated as if the employee arrived at the worksite in no vehicle. An employee who travels to a work center in a motor vehicle, which results in a reduction of more than 50 percent of the commute trip distance between home and the worksite, in which the employee regularly reports to, shall be calculated as if the employee arrived at the worksite in half a vehicle. (6) Noncommuting AVR credit is allowed for employees who remain at the worksite for a period of at least one day and generate no vehicle trips associated with arriving at or leaving the worksite. Noncommuting AVR credit is calculated as arriving at the worksite with no vehicle. - 24 - (7) Additional credits towards an employer's AVR target shall be granted until December 31, 1997 for the use of any of the following types of alternative fueled vehicles utilized by employees for work commute trips. The credit is calculated by reducing the number of vehicles arriving or leaving the worksite and shall be granted each year the vehicle is used for up to five years following the year of purchase, but not later than December 31, 1997. Electric Vehicles (EV) 10 Compressed Natural Gas(CNG) 6 Built by an original Equipment Manufacturer/OEM Flexible Fuel Vehicles Operated 5 on Methanol and Built by an OEM Propane Vehicles Built by an OEM 5 The following formula must be used when indicating alternative fueled vehicles in the AVR: TV = CV + (EV/10) + (CNG/6) + (M/5) = (P/5) AVR = E/T Where: TV = Total Vehicles Arriving at the Worksite. CV = conventional Motor Vehicles . E = Total Employees in the AVR Verification Method. For passenger vans persons to the worksite) (carrying more than eight that comply withCARB' s - 25 - zero-emission vehicles standard, the total number of vehicles (TV) can be reduced by 10 for each van. In no instance can the credit result in more than a 20 percent increase in AVR. (d) If the employer includes satellite telecommuting, noncommuting, children or students in the AVR, the following information must be collected for that travel mode in any AVR verification method used: (1) For satellite telecommuting centers, the distance between the employee's home and satellite telecommuting center, and the distance between the employee's home and regular worksite. (2) For noncommuting, the work schedule indicating the days worked by the employees and the days when the employees remained at the worksite or left the City's jurisdiction to complete work assignments. (3) For including children and students, the total number of employees and children or students in each carpool or vanpool. (4) For including children dropped off at a childcare facility or school not at the worksite, the distance between the worksite and the childcare facility or school. (e) All Worksite Transportation Plans are required to describe the actions that the employer - 26 - took to actively involve employees in the development of commute alternative incentives. Examples of acceptable employee involvement efforts include the following: open-ended survey questions; quality circle discussions; employee awareness programs; and, focus groups. The management commitment letter must identify which effort(s) was taken. (f) Each employer filing a Worksite Transportation Plan is required to notify its employees of the contents of the plan thirty (30) days prior to filing the plan with the city. Notification must also include information about when and where employees can review the plan. Employers must notify employees of plan approval within thirty (30) calendar days of approval by the ci ty. Notification of resubmi ttal or revisions to the plan shall be provided to employees no later than fifteen (15) calendar days prior to resubmittal of the revised plan to the city's Transportation Management Coordinator. The management commitment letter must state that these provisions have been and will be met. (g) Employers must keep detailed records of all documents which verify the figures used to calculate Average Vehicle Ridership (AVR). These records shall include at a minimum: total eligible employee population, vehicle counts, monetary - 27 - incenti ve payments, service commencement dates for vanpools, usage of company-owned fleet vehicles for ridesharing or guaranteed ride home programs, a marketing component which ensures all employees are regularly informed of all components of the employer's Worksite Transportation Plan, and the number of employees telecommuting or working flexible work hours. Records shall be retained on site for at least two years. Approved trip reduction plans from prior years shall be kept for a period of at least five years from date of approval. Failure to maintain records or falsification of records will be deemed a violation of this Chapter. (h) If the absence of a trained Senior WTPC, WTPC, Consultant WTPC, or On-site Coordinator exceeds eight consecutive weeks, a substitute WTPC or On-site Coordinator at the same level, must be designated and trained. Notice of such a change must be submitted to the city's Transportation Management Coordinator with proof of training no later than 12 weeks after the beginning of the absence. SECTION 4. Santa Monica Municipal Code section 9.16.090 is amended to read as follows: SECTION 9.16.090. Procedures for SUbmission of Employer Worksite Plans. - 28 - (a) The city TMP Office shall begin sending written notice by certified mail to employers in accordance with the following schedule: December 1, 1993 and Dec. 1 of every year thereafter December 1, 1994 and Dec. 1 of every year thereafter December 1, 1995 and Dec. 1 of every year thereafter Each employer shall Employers who employ 100 or more employees Employers who employ 50-99 or more employees Employers who employ 10-49 employees. submit the City's to Transportation Management Coordinator a Worksite Transportation Plan within ninety (90) calendar days after the receipt of the notice. (1) For employers of 100 or more employees, an approved Regulation XV Plan less than six months old may be submitted as the Worksi te Transportation Plan. Any Worksite Transportation Plan previously approved Transportation Management Coordinator shall be in by City's the effect until an updated plan is approved by the City's Transportation Management Coordinator. (2) In the event that an employer reasonably needs more time to submit a Worksite Transportation Plan, a written request for extension may be filed with Management Coordinator. the City's Transportation received by the City TMP Office no later than All requests must be - 29 - fifteen (15) calendar days prior to the plan due date, or no later than sixty (60) calendar days after notification by the city. The City's Transportation Management Coordinator shall notify the employer whether or not the extension has been granted within 15 days of receipt of a written request for extension. (3) An employer may, upon receipt of a written objection to the terms of the proposed plan by an employee, employee representative or employee organization, request a single extension for thirty (30) calendar days. A copy of the written objection must be attached to the request. Only one such request shall be granted by the City; no subsequent extension may be granted for this purpose. In no event shall the submission date be extended for more than 60 days from the initial submission date. (b) After the employer submits the Worksite Transportation Plan, the City's Transportation Management Coordinator must either approve or disapprove the plan within ninety 90 calendar days. (1) Notice of approval or disapproval shall be given by registered or certified mail. If the Worksite Transportation Plan is disapproved, the reasons for disapproval shall be given in writing to the employer. (2) Any plan disapproved by the City's Transportation Management Coordinator must be - 30 - revised by the employer and resubmitted to the City's Transportation Management Coordinator within thirty (30) calendar days of notice of disapproval or the employer shall be deemed to be in violation of Chapter 9.16 of the Municipal Code. The City has ninety (90) calendar days to review the resubmitted plan. (3) Upon receipt of the second disapproval notice, and until such time as a revised plan is submitted to the City's Transportation Management coordinator, the employer is in violation of Chapter 9.16 of the Municipal Code. (4) In the event that the employer needs more time to revise the Worksite Transportation Plan, an employer may request an extension. The extension may only be requested after the plan has been disapproved for the first time. All requests for extension must be made in writing within fifteen (15) calendar days of the receipt of plan disapproval. The city's Transportation Management Coordinator shall inform the employer in writing within fifteen (15) calendar days of the receipt of the request for extension whether or not the extension has been granted. Extensions for writing a revised plan will not be extended for more than sixty (60) calendar days from the initial resubmittal date. - 31 - (c) An approved Worksite Transportation Plan may be revised between plan submittal dates by submitting a plan revision in writing to the City's Transportation Management Coordinator. Any changes to an approved plan which is in effect, including, but not limited to, incentives or change of worksite transportation plan coordinator at the site, must be submitted in writing to the Transportation Management Coordinator. The revision shall not be effective until approved by the Transportation Management Coordinator in writing. (d) The Transportation Management Coordinator shall not approve any plan or plan revisions if the employer, an employee(s), an employee representati ve, or employee organization requests, in writing, within ten (10) calendar days of plan submittal, that the Transportation Management Coordinator delay such action for a period of time not to exceed the 90th calendar day after plan submittal. If the request is made by a party other than the employer, the party must concurrently submit written comments to the City's Transportation Management Coordinator and the employer setting forth the objection(s). Upon receiving such a request, the Transportation Management Coordinator shall maintain neutrality with respect to any negotiations regarding the worksite transportation plan. Nothing in this paragraph shall be construed - 32 - to affect the employer's duty to comply with all provisions of Chapter 9.16 of the Municipal Code, including the requirement to implement an approved worksi te transportation reduction plan and comply with applicable deadlines. (e) A worksite transportation plan shall be disapproved if any employee(s}, employee representative, or employee organization submits information demonstrating that: (1) The plan includes disincentives, such as parking charges; and, (2) Such disincentives would create a widespread and substantial disproportionate impact on minorities, women, low-income or disabled employees. A plan shall not be disapproved pursuant to this subdivision if it includes such provisions as are necessary to ensure a reasonable opportunity for employees to commute by means other than a single-occupant vehicle and thereby avoid the disproportionate impact described above. The City's Transportation Management Coordinator shall provide the employer an opportunity to review and respond in writing to information submitted by an employee, employee representative or employee organization pursuant to this subdivision. The burden of proof that a plan should be disapproved pursuant to this subdivision rests with the employee, employee - 33 - representatives, or employee organization submitting the information. (f) If a final determination that an element of an approved Worksite Transportation Plan violates any provision of law is issued by any agency or court with jurisdiction to make such determinations, then the employer shall, within forty-five (45) calendar days, submit a proposed plan revision to the City's Transportation Management Coordinator which shall be designed to achieve an AVR equivalent to the previously approved plan. (g) No employer of 100 or more employees shall be responsible for complying with this Chapter until such time as the city and South Coast Air Quality Management District execute an agreement which provides an exemption to those employers from the requirements of filing a Regulation XV plan with the South Coast Air Quality Management District. If at any time the city fails to meet its obligations under the executed agreement, employers of 100 or more employees in the city shall be released from this Chapter and shall be subject to compliance with South Coast Air Quality Management District Regulation XV requirements. However, this exemption does not relieve employers from their obligation under South Coast Air Quality Management District Regulation VII. - 34 - (h) It is the responsibility of all employers of 100 or more employees to submit to the City their Worksi te Transportation Plan by December 1, 1994, even if they do not receive a notice from the City, unless they have been notified by the city to do so at an earlier date. (i) It is the responsibility of all employers of 50-99 employees to submit to the City their Worksite Transportation Plan by December 1, 1995, even if they do not receive a notice from the City, unless they have been notified by the city to do so at an earlier date. (j) It is the responsibility of all employers of 10-49 employees to submit to the City their Worksi te Transportation Plan by December 1, 1996, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. (k) It is the responsibility of all employers subject to Chapter 9.16 of the Municipal Code to submit an updated Worksite Transportation Plan to the City annually on the anniversary date of the most recent Worksite Transportation Plan approval by the City. (I) worksite employee Any employer who establishes a new in the City of Santa Monica, or whose population increases to more than 50 - 35 - employees after December 1, 1994, or more than 10 employees after December 1, 1995, including temporary and part-time employees reporting to a worksite for a six month period, calculated as a monthly average, shall notify the city's Transportation Management Office in writing within six months. The notice shall be written, and include the employer's name, the business and mailing address, the number of employees reporting to the worksite, and the name of the highest ranking official at the worksite. Upon receipt of the notice, the city shall mail a notification letter to the employer and ninety (90) calendar days thereafter the employer shall submit a plan and shall be subject to all provisions of Chapter 9.16 of the Municipal Code. (m) Any employer who has submitted a plan pursuant to Chapter 9.16 of the Municipal Code and whose employee population falls to fewer than 10 employees for a six month period, calculated as a monthly average, may submit a written request tot he city's Transportation Management Coordinator to be exempt from Chapter 9.16 of the Municipal Code. The employer must submit documentation which demonstrates an employee population of less than 10 employees. Such demonstration could be made by payroll records or other appropriate documentation. - 36 - (n) Employers otherwise subject to Chapter 9.16 of the Municipal Code having no employees reporting to or leaving from the worksite between 5:00 a.m. to 11:00 a.m. and 3:00 p.m. to 7:00 p.m. any day of the week are not required to file a Worksite Transportation Plan with the city. However, an employer must submit the work schedule verification information required in section 9.16.070(b) (10) each year on the anniversary date of the last approved Worksite Transportation Plan, or on the date agreed upon by the employer and the City's Transportation Management Coordinator, to document that no employees arrive during the AVR a.m. and p.m. windows. SECTION 5. Santa Monica Municipal Code Section 9.16.130 is amended to read as follows: SECTION 9.16.130. Transportation Mitigation Monitoring. (a) Annual Report and Plan Update. Ongoing monitoring of an approved Worksite Transportation Plan shall be conducted by the employer using standardized forms approved by the City in order to monitor progress in aChieving transportation mitigation goals. An annual report shall be submitted twelve (12) months from the date of the initial plan approval date. The City shall notify the employer of the submittal deadlines for the - 37 - review and update. The annual report shall focus on ridesharing and trip-reduction incentives offered by the employer. The review and update shall consist of a report that: (1) Calculates AVR levels attained under the approved plan. (2) Verifies that the plan incentives have been offered. (3) Determines the number and percentage of the project population that participated in rideshare activities, by mode, since the last reporting date. (4) Determines the use of COde-required on-site parking facilities (i.e., number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and the progress made since the last reporting date. (5) Determines the use of off-site parking to achieve rideshare and transit objectives since the last reporting date. (6) Determines the number of transit tokens/passes sold to' project employees at full or discounted prices since the last reporting date. (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute. - 38 - (8) Determines the number bicyclists and the number of bicycle racks lockers installed since the last reporting date. (9) Determines the physical condition of project-related TSM capital improvements. (10) Determines morning and evening peak period vehicle trips to and from site. (11) Identifies and evaluates objectives of the plan that did or did not work and provides an explanation of why the revised plan is likely to achieve the AVR target levels, listing addi tional incenti ves which can reasonably be of and expected to correct deficiencies. (12) Provides the name of the designated On-site Coordinator or trained Worksite Transportation Coordinator at each site responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey which is not more than six months old, or other mechanism approved by the Parking and Traffic Engineer. For employers with 100 or more employees, the survey must conform with the South Coast Air Quality Management District employee survey requirements. This survey must be taken over five consecutive days. This survey must have a minimum response rate of 75% of employees who report to or leave work for the consecutive four hour period between 5:00 a.m. - 39 - and 11:00 a.m., inclusive, during which the majority of employee work trips are generated, and 75 percent of employees who report to or leave work between 3:00 p.m. and 7:00 p.m., inclusive. (14) Provides a zip code listing showing where all employees live who report to the worksite during the peak periods. (15) Lists public transit services serving the worksite, indicating the specific locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking official on site. (17) Provides a description of the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (18) Includes updates and revisions to the Worksite Transportation Plan as the city's Transportation Management Coordinator deems appropriate, if the annual report indicates that the goals of the previously approved Worksite Transportation Plan have not been met. (b) city Audit. The City shall perform follow-up audits on a selective basis. Employers shall receive at least ten (10) days notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and a - 40 - demonstration that an employer is performing the ongoing monitoring required by this section. (c) Compliance Inspection. Any employer subject to this Chapter is subject to an unannounced compliance inspection. This inspection will require access to records that demonstrate marketing, implementation, and monitoring of an employer's plan. SECTION 6. The following section numbers referenced in Ordinance 1679(CCS) are renumbered as follows: section 9.12.070 is renumbered section 9.16.070 i section 9.12.090 is renumbered section 9.16.090 i section 9.12.110 is renumbered Section 9.16.110, and Section 9.12.120 is renumbered Section 9.16.120. SECTION 7. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether - 41 - any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 9. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~ JO H LAWRENCE Acting City Attorney - 42 - Adopted and approved this 10th day of August, 1993. 4~ ayor I hereby certify that the foregoing Ordinance No. 1698(CCS) was duly and regularly introduced at a meeting of the City Council on the 27th day of July 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 10th day of August 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: City