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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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(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
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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.
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(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.
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(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
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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.
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(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.
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(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
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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,
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(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.
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(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.
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(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
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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.
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(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