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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