O1708
CA:MHS:tmp3.ord jspc
city council Meeting 10-26-93
Santa Monica, California
ORDINANCE NUMBER 1 7 0 8
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.16.030,
9.16.070 AND 9.16.090 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.
Averaqe 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 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 consecuti ve.
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
Tuesday
Wednesday
Thursday
Friday
300
300
300
300
300
Total
1500
Number of vehicles driven to the worksite
by these employees:
Monday 270
Tuesday 250
Wednesday 280
Thursday 265
2
Friday 262
Total 1327
In this example, AVR is arrived at by
dividing the number of employees reporting to
work between the four consecutive hours of
6:00 a.m. and 10:00 a.m. during the week
(1500) by the number of vehicles driven to the
worksite between the same hours during the
week (1327):
1500 = 1.13 AVR 1327
1328
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 Tarqet.
The AVR that a Worksi te
3
Transportation Plan is designed to achieve for
a particular worksite. The AVR target for
worksi tes 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 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
4
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 (M85), compressed natural gas (CNG)
or electricity (EV), and certified 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
monitoring of an
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
implementation and
approved Worksite
5
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 eighty hours in nine days (9/80).
Consul tant WTPC. A person that meets the
requirements of and that serves as a Senior
WTPC or a WTPC at a single worksi te for an
employer other than the Consultant WTPC's
employer.
Developer. Any person responsible for
development of a non-residential development
project which will result in ten (10) or more
peak period trips.
Disabled Emplovee. 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.
Emplovee. 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
6
on a school campus. Temporary and part-time
employees shall be treated as defined.
Employer. Any public or private
employer, including the city of Santa Monica,
having a permanent place of business in the
city and 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.
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/C).
Six levels of service are 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 Hiqhway Ca?acity Manual,
Transportation Research Board SR 209 (1985).
Low Income Employee. An individual whose
salary is equal to or less than the current
individual income level set in California Code
of Regulations, Title 25, section 6932, as
7
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
disincenti ve would create a
economic burden.
Mitiqation Measures. Those actions
(e. g. ,Transportation Systems Management,
Transportation Demand Management, and
Transportation Facility Development) which are
taken to reduce traffic impacts.
Monitorinq. The techniques used to
assess progress towards complying with the
transportation management plan.
Multi-site Emplover. Any employer which
has more than one worksite within the City of
Santa Monica, or more than one worksite in the
South Coast Air Basin with one or more of
those sites located in the city of Santa
the plan
substantial
Monica.
Multi-Tenant Worksite. A structure, or
group of structures, on one worksi te where
more than one employer conducts a business.
Non-Commutinq Credit. Employees who
arrive at the worksite during the AVR window
and remain at the worksite or leave the City's
8
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 or
leave the worksite during the AVR window.
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
9
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 Parkinq. 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.
Ridesharinq. 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
10
than the regular worksite which results in a
commute reduction for the employee of at least
20 miles one way or more than 50% of the one-
way commute distance for the entire work day.
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.
Telecommutinq. Any employee(s) working
at home.
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 cohtractual 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 transportation
to the single occupant vehicle and access to
non-financial incentives.
11
Traininq Provider. A person, firm,
business, educational institution, non-profit
agency or corporation or other entity which
meets requirements and is certif ied 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 ("TOM").
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 Manaqement Association
("TMA") . A group formed so that employers,
employees, and developers can collectively
address community transportation-related
12
problems. Transportation Management
Associations may be formed to implement 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 Manaqement ("TSM") .
Strategies designed to improve traffic flow
through modif ications in or coordination of
the operation of existing facilities.
Tri? Reduction. The reduction in single
occupant vehicle trips by private or public
sector programs used during peak periods of
commuting.
Van?ool. 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
13
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 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
14
Director of the Land Use and Transportation
Management Department may designate an
employee from his or her di vision or
department as his or her representative.
WorksiteTransportation 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 activities.
The Coordinator does not have to be on-site at
all times; however, all worksite-related
information must be kept at the 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
15
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. 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 (TOM) I
transportation system management (TSM), and
transportation facility development (TFD) I
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.
16
(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 Marketinq: Hire
and fund an in-house Transportation Management
Coordinator; participate in a TMA if available
or required.
(2) Parkinq Management: Charge or
increase employee parking fees; establish
preferential carpool and vanpool parking.
(3) Ridesharing: Conduct or
participate in Rideshare Matching Program;
broker vanpools; provide carpool, vanpool, and
buspool subsidies.
(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) Bicyclinq:
bicycle storage facilities;
Provide secure
provide showers
17
and lockers; develop or fund city-approved
bicycle paths.
(6) Al ternati ve 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 within
three miles radius of worksite.
(8) Use of Clean Fuel Vehicles:
Provide incentives to employees who commute in
a clean fuel vehicle.
(9) Other Measures Approved by the
city's Transportation Manaqement 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
18
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.
(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.
19
(9)
Determines the
project-related TSM
physical
capital
condition
of
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 on-site
coordinator 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 betaken
over five consecutive days during which the
majority of employees are scheduled to arrive
at the worksite. This survey must have a
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
20
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 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, 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 listing of the percentage of
employees by job category (e.g. clerical,
profession, etc.).
21
(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
22
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.
(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 at the worksite in no vehicle. Any
employee working at a satellite work center
that reduces the employee's trip by 20 miles,
or more than 50% one way for the entire work
day, shall be calculated as if the employee
arrived at the worksite in half a vehicle.
However, if the employee travels to the
satellite work center using an alternate mode
of transportation (i.e., transit, carpool,
vanpool, walk, bike), the employee shall be
calculated as arriving at the worksite by that
alternate mode of transportation.
23
(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 or leaving the worksite with no
vehicle.
(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)
10:1
Compressed Natural Gas(CNG)
Built by an Original Equipment
Manufacturer/OEM
6:1
Flexible Fuel Vehicles Operated
on Methanol (M85) and Built
by an OEM
5:1
Propane Vehicles Built by an OEM
5:1
The following formula must be used when
24
indicating alternative fueled vehicles in the
AVR:
TV = CV - [(EV x .90) + (CNG x. 83) + (M85 x .80) +
( LPG X. 8 0) ]
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 (carry ing more than
eight persons to the worksite) that comply
with CARB's 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
25
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
t'he total number of employees and
or students in each carpool or
students,
children
vanpool.
(4) For including children or
students 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 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
letter
taken.
groups. The
must identify
management commitment
which effort(s) was
26
(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
ci ty. 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 city.
Notification of resubmittal 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 incentive 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
27
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 3. 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 writt~n 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.
year thereafter
December 1, 1995
and Dec. 1 of
year thereafter
Employers who
employ 100 or more
employees
Employers who
employ 50-99 or more
employees
Employers who
employ 10-49
employees.
Transportation
Each employer shall submit to the city's
Coordinator
a
Management
Worksite Transportation Plan within ninety
notice.
(90) calendar days after the receipt of the
(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 by the
City's Transportation Management Coordinator
shall be in effect until an updated plan is
approved
by
the
Management Coordinator.
City's
Transportation
(2) In the event that an employer
reasonably needs more time to submit a
29
Worksite Transportation Plan, a written
request for extension may be filed with the
city's Transportation Management Coordinator.
All requests must be received by the city TMP
Office no later than fifteen (15) calendar
days prior to the plan due date, or no later
than seventy-five (75) 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 fifteen (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
sixty (60) days from the initial submission
date.
30
(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 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
31
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.
(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,
32
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 representative, 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
neutrali ty with respect to any negotiations
regarding the worksite transportation plan.
Nothing in this paragraph shall be construed
to affect the employer's duty to comply with
all provisions of Chapter 9.16 of the
33
Municipal Code, including the requirement to
implement an approved worksite 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
34
proof that a plan should be disapproved
pursuant to this subdivision rests with the
employee, employee 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
35
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.
(h) It is the responsibility of all
employers of 100 or more employees to submit
to the City their Worksite 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 Worksite Transportation Plan by
December 1, 1996, even if they do not receive
a notice from the City, unless they have been
36
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.
(1) Any employer who establishes a new
worksite in the City of Santa Monica, or whose
employee population increases to more than 100
employees after December, 1993, or more than
50 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 worksi te, and the name of the highest
ranking official at the worksite. Upon
receipt of the notice, the City shall mail a
37
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 to the 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.
(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
38
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 4. 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 5. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or
unconsti tutional 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 any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
39
SECTION 6.
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
40
Adopted and approved this
26th
day of
October
,1993.
~. r7~~
Iv Mayor
I hereby certify that the foregoing Ordinance No. 1708 was duly and regularly
introduced at a meeting of the City Council on the 12 th day of October
1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council
onthe 26th
day of October
,1993 by the following vote:
AYES: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein and
Vazquez.
NOES:
ABSTAIN:
ABSENT:
ATTEST:
.~?/;t'f-1 ;t:~
~ City Clerk