O1847
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f:\atty\muni\laws\mhs\transman.2d
City Council Meeting 4-23-96
Santa Monica, California
ORDINANCE NUMBER 1847 (CCS)
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 9.16 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO TRANSPORTATION
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.16 of the Santa Monica Municipal Code is
hereby amended to read as follows:
9.16.010 Findings.
The city Council finds and declares:
(a) Expected growth in population and emploYment
opportunities in the City will be accompanied by
concomitant increases in traffic congestion.
(b) Transportation and traffic studies project that
future traffic levels on surface streets will be severe
unless measures are taken to reduce commute hour traffic
levels.
(c) Air quality studies indicate that ozone and
carbon monoxide concentrations exceed state and federal
standards some days in the city.
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(d) Traffic along some major routes in the City has
or is expected to reach Level of Service "F" during peak
hours, indicating conditions where excessive delays
develop repeatedly due to vehicles arriving at rates
greater than capacity and where emergency vehicle travel
is impeded.
(e) New development and major additions to existing
development by the year 2010 will have an adverse impact
on the existing transportation systems by adding
approximately seventeen thousand trips to the existing
demand of over twenty thousand p.m.-peak hour trips from
nonresidential land uses.
(fl The City's General Plan calls for formation of
a plan to implement the transportation management
policies of the circulation Element, an uncongested
traff ic circulation system, energy conservation, and
maintenance of noise and air quality levels within
established standards.
(g) The transportation system is impacted Citywide
by the traffic and parking requirements of development.
(h) Transportation Systems Management,
Transportation Demand Management, and Transportation
Facility Development strategies can improve service and
operations to increase mobility and the general
efficiency of the system. These strategies encompass
traffic operations, ridesharing and bicycle improvements
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as well as transit planning and management of the system.
These strategies enhance vehicle flow or shift demand on
an existing transportation facility and can be effective
to mitigate negative effects of transportation, such as
air quality, energy use, and noise levels.
( i) Reduction of congestion and the time of commute
trips will improve the quality of life in the city and
improve quality and level of access for residents and
employees and patrons of local businesses.
(j) Coordination of Transportation Systems
Management, Transportation Demand Management, and
Transportation Facility Development strategies with other
cities and counties in the region and through regional
agencies will assist in meeting the goals of this
Chapter.
9.16.020 Purpose and objectives.
The purpose and objectives of this Chapter are to
establish an emission reduction plan that will:
(a) Allow for any growth permitted by the land use
plans of the city while minimizing peak-hour automobile
commute trips from new and existing places of employment.
(b) Reduce traffic impacts within the community and
region through a reduction in the number of vehicular
trips and total vehicle miles traveled.
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(c) Reduce the vehicular air pollutant emissions,
energy usage, and ambient noise levels through a
reduction in the number of vehicular trips, total vehicle
miles traveled, and traffic congestion.
(d) Ensure City compliance with South Coast Air
Quality Management District Rule 2202, and require
employers both to meet Rule 2202 emission reduction
targets and to achieve city traffic objectives.
(e) Achieve a commuter Average Vehicle Ridership of
1.50 or the equivalent in emission reductions within one
year for employers of one hundred employees or more.
(f) Achieve city-wide commuter Average Vehicle
Ridership of 1.50 or the equivalent in emission
reductions within three years.
(g) Maintain levels of service on streets and
intersections during peak-hours at or below capacity for
as long a period of time as feasible.
(h) Prevent levels of service on streets and
intersections that have not reached Level of Service tiE"
during peak-hours from reaching that level.
(i) Improve levels of service on streets and
intersections that have already reached Level of Service
"E" during peak-hours.
(j) Minimize the percentage of employees traveling
to and from work at the same time and during peak hour
periods in single occupant vehicles.
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(k) Assist in attainment of the requirements of the
Federal Clean Air Act.
(1) Implement several air quality control measures
required of local governments by the 1991 Air Quality
Management Plan adopted by the South Coast Air Quality
Management District and subsequent updates.
(m) Promote and increase work-related transit use,
ridesharing, walking and bicycling to minimize parking
needs and to protect critical intersections from severe
overload.
(n) Decrease the government cost of transportation
and parking facility construction and improvements.
(0) Maximize the use of commute modes other than
the single-occupancy vehicle through Transportation
Systems Management, Transportation Demand Management, and
Transportation Facilities Development.
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
Emission Reduction Plan.
Average Vehicle Ridership (AVR). The total number of
employees who report to or leave the worksite or another
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jab-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
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 per iod for an employer with three hundred
employees all reporting to work weekdays between six a.m.
and ten a.m. 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
Friday 262
Total 1327
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In this example, AVR is arrived at by dividing the
number of employees reporting to work between six a.m.
and ten a.m. during the week (one thousand five hundred)
by the number of vehicles driven to the worksite between
the same hours during the week (one thousand three
hundred twenty-seven) :
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 three p.m. and seven p.m.
AVR Target. The AVR that an Emission Reduction Plan
is designed to achieve for a particular worksite. The AVR
target for worksites in Santa Monica is 1.5 AVR.
AVR Verification Hethod. A method for determining an
employer's current AVR.
AVR Window. The period of time comprised of both
hours and days used to calculate AVR (i.e., six a.m. to
ten a.m. and three p.m. to seven p.m.).
carpool. A motor vehicle occupied by two or more
persons traveling together to and from the worksite for
the majority (at least 51%) of the total commute.
Clean Fuel Vehicle or Alternative Fuel Vehicle. A
motor vehicle capable of operating on liquid petroleum
gas (LPG), methanol (Ma5), compressed natural gas (CNG)
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or electricity (EV), and certified by the California Air
Resources Board (eARB) as a clean fuel vehicle.
Commute Trip. A home-to-work or work-to-home trip.
Compliance Inspection. An unannounced inspection by
the City of an employer's activities related to the
fulfillment of ongoing implementation and monitoring of
an approved Emission Reduction 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 are
scheduled in a manner which reduces vehicle trips to the
worksite. The recognized compressed work week schedules
for purposes of this Chapter are thirty-six hours in
three days, forty hours in four days or eighty hours in
nine days.
consultant ETC. A person that meets the requirements
of and that serves as an ETC at a single worksite for an
employer other than the consultant ETC's employer.
Developer. Any person responsible for development of
a nonresidential development project which will result in
ten 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 Emission Reduction Plan .
Emission Reduction Plan (ERP). A plan intended to
reduce emissions related to employee commutes and to meet
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a worksite specific emission reduction target for the
subsequent year.
Emission Reduction Plan Appeals Board (ERP Appeals
Board). The administrative review body for decisions of
the City's Transportation Management Coordinator. The
ERP Appeals Board shall consist of the Parking and
Traffic Engineer, the Director of Planning and Community
Development, and an at-large member appointed by the eity
eouncil. The Parking and Traffic Engineer and the
Director of Planning and Community Development may
designate an employee from his or her division or
department as his or her representative.
Emission Reduction Target (ERT). The annual VOC,
Nox, and eo emissions required to be reduced based on the
number of employees per worksite and the employee
emission reduction factor.
Employee. Any person employed by a person(s), firm,
business, educational institution, nonprofit 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 employees, part-time employees,
field construction workers and independent contractors
shall be treated as defined.
Employee Transportation Coordinator (ETC). The
designated person, with appropriate training as approved
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by the City, who is responsible for the development,
implementation and monitoring of the Employee Trip
Reduction Plan. The ETe must be at the worksite a minimum
of fifteen hours per week or have a certified On-Site
Coordinator at the worksite a minimum of fifteen hours
per week. All worksite-related information must be kept
at the worksite. Employee Transportation Coordinators
shall participate in City-sponsored workshops and
information roundtables.
Employee Trip Reduction Plan (Employee TRP). A plan
for implementation of strategies that are designed to
reduce employee commute trips during the AVR windows.
Employer. Any public or private employer, including
the City of Santa Monica, having a permanent place of
business in the City and employing ten or more employees.
Field Construction Worker. An employee who reports
directly to work at a construction site outside the City
of Santa Monica for the entire day, an average of at
least six months out of the year. These employees will
not be calculated int he AVR, but shall count as part of
the employee population when figuring the Employer Annual
Impact Fee.
Holiday. Those days designated as National or state
Holidays, or religious or other holidays in which more
than 10% of the employee population observes by not
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reporting to work. These days shall not be included in
the AVR survey week.
Independent Contractor. An employee who enters into
a direct written contract or agreement with an employer
to perform certain services and is not on the employer's
payroll. These employees shall be treated as Temporary
Employees.
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
designated "A" through "F." nA" 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 (19a5).
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 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.
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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 eoast Air Basin with
one or more of those sites located in the eity of Santa
Monica.
Multi-Tenant Worksite. A structure, or group of
structures, on one worksite where more than one employer
conducts a business.
On-site Coordinator. An employee, with appropriate
training, provided by a training provider recognized by
the city and the SeAQMD, who serves as on-site contact
for employees at a worksite served by a consultant ETC,
or for an employer with more than one worksite located in
the eity of santa Monica.
Part-Time Employee. Any employee who reports to a
worksite on a part-time basis fewer than thirty-two hours
per week, but more than four 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.
Peak Period. In the morning, the peak
includes the hours from six a.m. to ten a.m.
period
In the
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evening, the peak period includes the hours from three
p.m. to seven 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.
Performance Tarqet Zone. A geographic area that
determines the employee emission reduction factor for a
particular worksite. Santa Monica is located in Zone 2.
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.
Remote Sensing. An emissions reduction strategy in
which gross-polluting vehicles are identified by exhaust
gas analyzers. Remote sensors measure absorption changes
in the infrared or ultraviolet light spectrum and
correlates that change to exhaust emission levels.
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Emission reductions resulting from the subsequent repair
of the identified vehicles can be used to meet commute
emission reduction targets.
Ridesbarinq. Any mode of transportation other than
a single-occupancy vehicle which transports one or more
persons to a worksite.
soutb Coast Air Quality Kanaq81llent District
(SCAQMD). The air quality control agency that monitors
and enforces air quality regulations in Los Angeles,
Orange, Riverside, and San Bernardino counties.
Telecomm1Jtinq. Any employee (s) working at home, off-
site, or at a telecommuting center for a full work day,
eliminating the trip to work or reducing travel distance
by more than fifty percent (50%).
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. Temporary employees reporting to the
worksite of a temporary employer for a consecutive period
of more than six months shall count as an employee of the
temporary employer and shall be calculated in the AVR.
The temporary employee shall also be considered an
employee when figuring the Employer Annual Impact Fee.
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Temporary Employer. Any employer who "leases" an
employee from an employment service, or who hires an
independent contractor as defined.
Training provider. A person, firm, business,
educational institution, nonprofit 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
this ehapter, to Employee Transportation eoordinators
(ETe's).
Transportation Demand Hanaqement (IITDHII). The
implementation of strategies which will encourage
indi viduals to either change their mode of travel to
other than a single-occupancy vehicle, reduce trip
length, eliminate the trip altogether, or commute at
other than peak periods.
Transportation Facility Development (tlTFDtI).
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 (IITHAII). A
group formed so that employers, employees, and developers
can collectively address community transportation-related
problems. Transportation Management Associations may be
formed to implement TOM, TSM, and/or TFO strategies in
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employment clusters or at multi-tenant worksites. The
pr imary function of a TMA is to pool resources to
implement solutions to commuter-related congestion
problems in conjunction with the city Transportation
Coordinators. The eity may identify employment clusters
or multi-tenant worksites where an employer organization
such as a TMA should be formed.
Transportation system Management ("TSMn) . 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 occupied by
seven to fifteen persons, traveling together to the
worksite for the majority (at least 51%) of the total
commute.
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).
Vehicle Trip Emission Credit (VTEC). The emission
reductions that result from the reduction of non-peak
commute trips, other work-related trips, or alternative
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fueled vehicles, expressed in pounds per year per
pollutant.
Volatile orqanic Compound (VOC). Any volatile
compound of carbon, excluding methane, carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides or
carbonates, ammonium carbonate, and exempt compounds as
defined in SCAQMD Rule 102.
work Place or Worksi te. Abuilding, part of a
building, or grouping of buildings located wi thin 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. Employers may
opt to treat more than on structure, building, or
grouping of buildings as a single worksite, even if they
do not have the above characteristics if they are owned
or leased by the same employer, and are wholly located
within the eity of Santa Monica. structures that are
located more than one-half (1/2) mile away from each
other must have a certified ETe or On-Site Coordinator at
each site.
9.16.040 Applicability.
This ehapter shall apply to employers and developers
as defined above. The City shall not be exempt from the
requirements of this Chapter.
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9.16.050 Transportation fee.
(a) Employer AnDual Transportation Fee. There shall
be an Employer Annual Transportation Fee. The purpose of
the Employer Annual Transportation Fee is to pay for the
costs of administration and enforcement of this ehapter.
(1) Employers of fifty (SO) or more employees
filing Employee Trip Reduction Plans and employers of 10-
49 employees shall pay an annual transportation fee
calculated using the following formula: Fee = (Number of
Employees) x (Employee eost Factor). The Employee Cost
Factor equals:
A. six Dollars ($6.00) per employee for
employers with fifty (50) or more employees.
B. Eight Dollars ($8.00) per employee for
employers with 10-49 employees.
(2) The Annual Transportation Fee for
employers of fifty or more employees who choose to file
an Emission Reduction Plan, as described in section
9.16.070(a)-(d) shall be established and from time to
time amended by Resolution of the City Council.
(3) For purposes of calculating an employer's
annual transportation 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 an average of six months or more.
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(4) Employers shall be notified of the
Employer Annual Transportation Fee when they receive
notice to submit an Emission Reduction Plan in accordance
with section 9.16.090. Employer Transportation Fees
shall be due and paid in full with submittal of the
Employer Emission Reduction Plan. The eity shall mail
notice of the payment required by this subsection at
least ninety (90) calendar days prior to the due date.
(5) Once the Employer Annual Transportation
Fee required pursuant to this section has been paid,
there shall be no refunds.
(6) Employers of fifty employees or more who
implement an Employee Trip Reduction Plan and demonstrate
attainment of a 1.5 a.m. and p.m. AVR shall receive the
following reductions in their Employer Annual
Transportation Fees:
A. Attainment of aLSO a.m. and p. m. AVR
for one year shall result in a forty percent (40%)
reduction of Employer Annual Transportation Fees.
B. Attainment of a 1.50 a.m. and p.m. AVR
for a period of two consecutive years shall result in a
fifty percent (50%) reduction of Employer Annual
Transportation Fees.
e. Attainment of 1.50 a.m. and p.m. AVR
for a period of three or more consecutive years shall
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result in a sixty percent (60%) reduction of Employer
Annual Transportation Fees.
(6) Employers of fifty or more employees who
join a TMA certified by the eity shall receive a
twenty-five percent (25%) reduction in the Employer
Annual Transportation Fee. This reduction shall in
addition to any fee reduction the employer is awarded for
attainment of a 1.5 a.m. and p.m. AVR. Fees charged by
the TMA to employers for its operation and administrative
costs shall be separate from the City'S Employer
Transportation Fee.
(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 eity
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 eity 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
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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 eity 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.
(5) Refunds of the Developer Impact Fee shall
be made upon the filing of a request for refund within
six 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.
9.16.060 Deposit and use of fees.
(a) Employer Transportation Fees collected pursuant
to Section 9.16.050{a) shall be deposited in an account
separate from the General Fund and shall be allocated to
TMP office administration and the development and
operation of TMAs.
(b) Developer Impact Fees collected pursuant to
Section 9.16.050(b) shall be deposited into an account
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separate from the General Fund and shall be allocated to
the following uses:
(1) Transportation demand management
(TOM) improvements.
(2) Transportation system management (TSM)
improvements.
(3) Transportation facility development (TFD).
(4) Public transit improvements.
9.16.070 contents of emission reduction plans.
Employers of fifty (50) or more employees are
required to submit to the city, within ninety (90) days
of notification, an Emission Reduction Plan designed to
reduce emissions related to employee commutes and to meet
specific emissions reduction targets specified for the
subsequent year.
The annual ERT shall be determined
according to the following equation for VOC, NOx, and eo,
based on employee emission reduction factors specified in
paragraph (g) of this Section:
[ERT (in lbs. per year)] =
[{employees}x{employee emission reduction
factor}] -{vehicle trip emission credit}
Where,
Employee = Average daily number of employees
reporting to work in the window.
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Employee
Emission
Reduction
Factor
=
Determined by the year of the plan submittal
as defined in Paragraph (g) of this section.
Vehicle Trip Emission eredits = Determined
according to paragraph (g) of this section.
Each employer shall choose one or more of the
following options to implement in their Emissions
Reduction Plan:
(a) Old Vehicle scrapping. Any employer of fifty
(50) or more employees may purchase old vehicle scrapping
credits from an SeAQMD licensed Vehicle Scrapper/Broker,
in accordance with SCAQMD Rule 1610, in order to meet
their emission reduction target.
(1) All Scrappers/Brokers must be licensed by
the SCAQMD and adhere to seAQMD Rule 1610 requirements.
(2) An annual plan indicating the amount of
credi ts purchased and the amount of emissions reduced
must be submitted to the City's Transportation Management
Coordinator each year.
(b) Remote Sensing. Any employer of fifty (50) or
more employees may implement a Remote Sensing Program to
earn credit towards their emission reduction target.
Emission reductions obtained from the implementation of
remote sensing shall be determined according to the
following equation:
[emission reductions in lbs per year] =
[{pre-repair emission rate in lbs per mile} -
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{post-repair emission rate in lbs per mile}] x [miles
traveled]
When,
Pre-Repair = Measured Emission rate prior to
work
Post-Repair
=
Measured
emission
rate
immediately following repair work.
Miles Traveled = Number of miles traveled
following repair work until the next regularly
scheduled
California
Inspection
and
Maintenance Smog Check.
(1) Vehicles used in the Remote Sensing
Program may come from any source (i.e., employee
vehicles,
fleet vehicles,
non-employee vehicles).
Employers shall not require employees to repair their
vehicles.
(2) An annual plan must be submitted to the
City's Transportation Management Coordinator indicating:
A. The number of vehicles repaired.
B. The measured emission rates of each
vehicle before repair.
e. The measured emission rates after
repair.
D. The number of miles traveled for each
vehicle following repair work until the next regularly
scheduled California Inspection Maintenance Smog Check.
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E. Calculations indicating the Emission
Reduction Target has been met.
(c) other Work-Related Trip Reductions. Employers
of fifty (50) or more employees may receive Vehicle Trip
Reduction Credits (VTEC) towards meeting their Emission
Reduction Targets from employee commute reductions that
occur outside of the morning and evening peak windows.
VTEC obtained from work-related trip reductions shall be
determined according to the following equation:
VTEC = reTRl x rEF1
[CF]
Where,
CTR (Creditable Trip Reductions) = The daily
average of one-way trip reductions that are
real, surplus r and quantifiable. A round trip
is considered to be two one-way trips.
eF (eonversion Factor) = 2.3 for non-peaking
trips.
ER (Emission Factor) = Emission Factor in
paragraph (g) of this Section.
Employers must submit an annual report to the city's
Transportation Management Coordinator indicating the
number of commute-related non-peak trips reduced and the
amount of emissions reduced.
(d)
Al terna ti ve Fuel Vehicles.
Employers may
receive VTEC for the use of alternative fueled vehicles
(original equipment manufacturer or converted) for
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commute or other work-related trips according to the
following formula:
VTEe = [VTgeNG] x [o.a3] x [EF]
+ [VT(Ma5)] x [o.ao] x [EF]
+ [VT(LPG)] x [o.ao] x [EF]
+ [VT(EV)] x [EF]
Conversion Factor (CF)
Where,
VT(CNG) = Number of vehicle trips from
compressed natural gas vehicles.
VT(Ma5) = Number of vehicle trips from
flexible fuel vehicles operated on Methanol.
VT(LPG) = Number of vehicle trips from propane
of LPG vehicles.
VT(EV) = Number of vehicle trips from electric
or zero emission vehicles.
EF = Emission factor from paragraph (g) of
this Section.
Employers shall submit annual plants to the City'S
Transportation Management Coordinator indicating the
number of Alternative Fuel Vehicle Trips, the type of
alternative fuel vehicles used, and the emission
reduction target calculations.
(e)
Employee Trip Reduction Plan.
Employers of
fifty (50) or more employees who choose this option shall
prepare, implement, and monitor Employee Trip Reduction
Plans
(Employee
TRP)
for
transportation
demand
management,
transportation system management,
and
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transportation facility development which will be
reasonably likely to result in the attainment of a 1.50
a.m. and p.m. AVR within three years and continued
achievement and maintenance of the AVR targets
thereafter. The Employee TRP shall be in a form approved
by the Transportation Management eoordinator. The
Employee TRP shall undergo an intensive plan review by
the eity's Transportation Management Coordinator and
Transportation Management Specialists.
(1) The Employee Trip Reduction Plan shall
include strategies designed to encourage employees to
rideshare during the morning and evening AVR windows.
(2) The Employee Trip Reduction Plan shall
consist of a report that:
A. Calculates and documents AVR levels
for morning and evening peak periods.
B. Lists plan strategies and a schedule
for their implementation.
C. Includes a strategy summary with
projected employee participation for the upcoming plan
year.
D. Determines a marketing strategy or the
plan year.
E. Determines the use of worksite parking
facilities to achieve rideshare and transit objectives
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(i.e., number of received spaces for carpools, vanpools,
etc. )
F. Determines the worksite's pedestrian
and bicycle accessibility.
G. Lists the public transit services
within 1/4 mile of the worksite.
H. Provides a general description of the
type of business.
I. Includes an Emergency Episode Plan and
a daily air quality log.
J. Includes a sample of the employee AVR
survey, or other mechanism approved by the Transportation
Management Coordinator. This survey must not be more
than six months old. For employers with 100 or more
employees, the survey must conform with SCAQMD
requirements. The survey must be taken over five
consecutive days during which the majority of employees
are scheduled to arrive at or leave the worksite. The
days chosen cannot contain a holiday and cannot occur
during Rideshare Week or other "eventn weeks (i. e. ,
Bicycle Weeks, Walk to Work Week, Transit Week, etc.).
This survey must have a minimum response rate of seventy-
five percent (75%) of employees who report to or leave
work between 6:00 a.m. and 10:00 a.m., inclusive, and
seventy-five percent (75%) of employees who report to or
leave work between 3:00 p.m. and 7:00 p.m., inclusive.
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K. Provides the name and proof of
certification of the Employee Transportation Coordinator
at the site who is responsible for implementation and
monitoring of the plan.
L. Provides the name of the On-Site
Coordinator (if different from the ETe) for each site who
is responsible for implementation and monitoring of the
plan.
M. Identifies the objectives of the plan
and provides an explanation of why the plan is likely to
achieve the AVR target levels.
N. Includes a Parking Cash-Out Plan if
required.
O. Includes a management commitment cover
letter signed by the highest ranking official on site, or
the executive responsible for allocating the resources
necessary to implement the plan, which includes a
description of efforts taken to involve employees in the
development of commute alternative strategies, a
statement that employees have been notified of plan
provisions at least thirty (30) days before plan
SUbmission date, and all data is accurate to the best of
the employer's knowledge.
(3) The Employee Trip Reduction Plan shall be
updated every twelve (12) months, with an annual report
submitted on the anniversary date of the initial plan
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approval date. The Annual Employee Trip Reduction Plan
shall include the following:
A. AVR calculations and documentation for
the plan year.
B. Lists plan strategies, changes to plan
strategies, and a schedule for their implementation.
C. Determines current and proj ected
employee participation in each strategy.
D. Determines a marketing strategy,
indicating changes from the previous plan year.
E. Determines the use of worksi te parking
facilities to achieve rideshare and transit objectives
(i.e., number of spaces for carpools and vanpools, etc.)
F. Determines the worksite's bicycle and
pedestrian accessibility.
G. Lists public transit services within
1/4 mile of the worksite.
H. Provides a description of the general
type of business.
I. Includes an Emergency Episode Plan and
a daily air quality log.
J. Includes a sample of the employee
survey for the plan year as described in paragraph (2) of
this Section.
K. Provides the name and proof of
certification of the Employee Transportation Coordinator
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at the site who is responsible for the preparation,
implementation and monitoring of the plan.
L. Provides the name of the On-site
Coordinator (if different from the ETC) for each site who
is responsible for implementation and monitoring of the
plan.
M. Identifies the objectives of the plan
and provides an explanation of why the plan is likely to
achieve the AVR target levels.
N. Includes a management commitment
letter as defined in paragraph (2) of this Section.
o. Includes update and revisions to the
Employee Trip Reduction Plan as the city's Transportation
Management eoordinator deems appropriate, if the annual
report indicates that the goals of the previously
approved Employee Trip Reduction Plan have not been met.
(4) The procedure for calculating AVR at the
worksite shall be as follows:
A. The AVR calculation shall be based on
data obtained from an employee survey as defined in
paragraph (2) of this Section.
B. The 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 during the peak periods. All
employees who report to or leave the worksite that are
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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, arriving at the
worksite in a zero-emission vehicle, 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 shall be counted as
vehicles.
C. A child or student may be calculated
in the AVR as an additional passenger in the
carpool/vanpool if the child or student travels in the
car/van to a worksite or sChool/childcare facility for
the majority (at least 51%) of the total commute.
D. 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.
E. Any employee dropped off at a worksite
shall count as arriving in a carpool only if the driver
of the carpool is continuing on to his or her worksite.
F. Any employee telecommuting at home,
Off-site, or at a telecommuting center for a full work
day, eliminating the trip to work or reducing the total
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travel distance by at least 51% shall be calculated as if
the employee arrived at the worksite in no vehicle.
G. Additional credits towards an
employer's AVR target shall be granted for the use of any
of the following types of alternative fueled vehicles
arriving at or leaving the worksite:
eompressed Natural Gas (CNG): 6
Propane Vehicles (LPG): 5
Flexible Fuel Vehicles Operating
on Methanol (MaS): 5
The following formula must be used when indicating
alternative fueled vehicles in the AVR:
TV = CV + (CNG/6) + (PIS) + (MIS)
AVR = E/TV where,
TV = Total vehicles arriving at the worksite.
cv = eonventional motor vehicles.
E = Total employees in the AVR survey.
(5) Employers must keep detailed records of
the documents which verify the Average Vehicle Ridership
calculation for a period of two years from plan approval
date. Records which verify strategies in the Employee
Trip Reduction Plan which have been marketed and
implemented shall be kept for a period of at least two
years from plan approval date. Approved Employee Trip
Reduction Plans must be kept at the worksite for a period
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of at least three years from plan approval date. For
employers who implement their plans using a centralized
rideshare service center, records and documents may be
kept at a centralized location. Failure to maintain
records, or falsification of records will be deemed a
violation of this ehapter.
(6) In the event that an employer reasonably
needs more time to submit an Employee TRP, a written
request for extension may be filed with the City's
Transportation Management Coordinator. All requests must
be received by the eity TMP Office no later than fifteen
(15) calendar days prior to plan due date. Such requests
must be made in writing and must state whys such
extension is requested, what progress has been made
toward developing the Employee TRP, and for what length
of time the extension is sought. The City'S
Transportation Management eoordinator shall notify the
employer in writing whether or not the extension has been
granted within fifteen (15) calendar days of receipt of
a written request for extension.
A. An employer may request an extension
of up to sixty (60) days for the initial submittal of a
plan.
B. An employer may request an extension
of up to thirty (30) days to complete a revised plan.
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C. An employer may, upon receipt of a
written objection to the terms of the proposed plan by an
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.
D. The eity's Transportation Management
Coordinator, at his or her discretion, may grant
extensions beyond sixty (60) days in the event of an
extreme emergency. Each employer's request shall be
reviewed on an individual basis.
(7) An approved Employee TRP may be revised
between plan submittal dates by submitting a plan
revision in writing to the city's Transportation
Management eoordinator. Any changes to an approved plan
which is in effect 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.
(a) If the Transportation Management
Coordinator determines that the Employee TRP marketing
strategy is not being carried out to the fullest extent,
the Transportation Management Coordinator may require the
employer to submi t quarterly marketing reports that
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include examples of the marketing strategies implemented
for each quarter.
(9) If it is necessary for an employer to
amend an Employee TRP before the plan can be approved,
the employer shall have five (5) days from the date of
notice in which to submit amendments to the
Transportation Management Coordinator. Employers failing
to submit the amendments shall have their Employee Trip
Reduction Plans disapproved.
( 10) The Transportation Management Coordinator
shall not approve any plan or plan revisions if the
employer, an employee, an employee representative or
organization requests, in writing, within ten (10)
calendar days of plan submittal, that the Transportation
Management eoordinator delay such action for a period of
time not to exceed the ninetieth (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
Employee TRP. Nothing in this subsection shall be
construed to affect the requirement to implement an
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approved Employee TRP and comply with applicable
deadlines.
(11) An employee Trip Reduction Plan shall be
disapproved if any employee(s), employee representative,
or employee organization submits information
demonstrating that:
A. The plan includes strategies, such as
parking charges; and
B. Such strategies would create a
widespread substantial disproportionate impact on
minorities, women, low-income or disabled employees. A
plan shall not be disapproved pursuant to this subsection
if it includes provisions as are necessary to ensure
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
subsection. The burden of proof that a plan should be
disapproved pursuant to this subsection rests with the
employee, employee representative, or employee
organization submitting the information.
(12) If a final determination that an element
of an approved Employee TRP violates any provision of law
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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 eity's Transportation Management
Coordinator which shall be designed to achieve an AVR
equivalent to the previously approved plan.
(f) Employee Transportation Coordinators.
Employers of fifty (50) or more employees shall
designated a certified Employee Transportation
Coordinator (ETC) or an ETC and an On-site Coordinator
for each worksite included in the Emission Reduction
Plan.
(1) An employer may elect to use a Consultant
ETe or a TMO/TMA in lieu of an ETe provided the
Consultant ETC or the TMQ/TMA staff has received
certified training and the site maintains an On-site
eoordinator.
(2) If the absence of a certified ETe,
Consultant ETC, or On-Site Coordinator exceeds eight (a)
consecutive weeks, a substitute ETC or On-Site
Coordinator at the same level must be designated and
trained. Notice of such a change must be submitted to
the ei ty' s Transportation Management eoordinator wi th
proof of training no later than twelve (12) weeks after
the beginning of the absence.
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(3) ETes are not required to attend yearly
update training.
(4) On-site Coordinators of employers of 50-99
employees are not required to be certified provided the
ETe or eonsultant ETe is certified and writes and
administers the Emission Reduction Plan.
(g) Emission Reduction Factors. The following
emission factors shall be used in calculations pursuant
to this rule.
(1) Employee Emission Reduction Factors. The
following employee emission reduction factors (pounds per
year per employee) shall be used in determining the
Emission Reduction Target for the current plan year:
Emission Year VOC NOx CO2
1995 5.1 3.5 41.0
1996 4.9 3.4 39.4
1997 6.45 4.83 49.86
1998 5.12 4.42 45.14
(2) The following default emission factors
(pounds per year per daily commute vehicle) may be used
in determining vehicle trip emission credits:
Emission Year voe NOx e02
1995 22 15 175
1996 20 14 161
1997 19 14 146
1998 17 13 132
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9.16.080 Requirements tor Employers of 10-49 Employees.
(a) All employers of ten (10) to forty-nine (49)
employees shall be required to attend a City-sponsored
training seminar upon notification and submit an Emission
Reduction Plan to the city in accordance with the
procedures set forth in this section. This plan shall
include at a minimum:
(1) Worksite location.
(2) The name and title of the highest ranking
official at the site.
(3) The name and phone number of the
designated On-Site Contact.
(4) The number of employees at the site, and
proof of employee population (i. e., payroll records,
unemployment insurance records, or any records approved
by the Transportation Management eoordinator).
(5) Description of the type of business.
(6) Description of anyon-site amenities.
(7) Location of the kiosk or bulletin board
and a description of the information displayed.
(a) A list of the public transit services
within 1/4 mile of the worksite.
(9) A determination of the bicycle
accessibility to the site.
(10) A management commitment letter signed by
the highest ranking official at the site.
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(b) Employers of ten to forty-nine employees shall
make, at a minimum, the following information available
to each employee:
(1) Carpooling/vanpooling information,
including information about the services provided by the
regional ridesharing agency and their phone number;
(2) Bus schedules and tOken/pass purchase
information;
(3) Information on air pollution and options
to driving to work alone;
(4) Bicycle route and facility information,
including regional/local bicycle maps, locations of
nearest bicycle racks or locker storage facilities, and
bicycle safety information;
(5) Information on walking to work, pedestrian
safety and walking shoe information;
(6) Make information available to new
employees upon date of hire.
(c) Employers of 10 to 49 employees shall submit a
Worksite Plan within sixty (60) days of notification by
the eity.
(d) Employers of 10 to 49 employees shall submit
yearly updated Worksite Plans in accordance with this
Section. Employers who fail to submit an initial plan,
revised plan, or updated plan when required, shall be in
violation of this ehapter.
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(e) After an employer submits the worksite Plan,
the City's Transportation Management Coordinator must
either approve or disapprove the plan within sixty (60)
days.
( 1) Notice of approval or disapproval shall be
given by mail. If the Worksite Plan is disapproved, the
reasons shall be given in writing to the employer.
(2) Any plan disapproved by the eity's
Transportation Management Coordinator must be revised by
the employer and resubmitted to the eity's Transportation
Management eoordinator within thirty (30) calendar days
of notice of disapproval or the employer shall be deemed
to be in violation of ehapter 9.16 of the Municipal eode.
The City has sixty (60) 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 eity's Transportation Management
Coordinator, the employer is in violation of Chapter 9.16
of the Municipal eode.
9.16.090 Procedures for submission of emission reduc~ion
plans.
(a) All employers located within the eity of Santa
Monica subject to this Chapter shall submit to the City,
within ninety (90) days of receipt of notice to
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implement, an emission reduction plan designed to reduce
emissions related to employee commutes and to meet a
worksite specif~c emission reduction target (ERT)
specified pounds of emissions per employee for the
subsequent year. This emission program shall be in the
form of an Emission Reduction Plan.
(b) Employers of fifty (50) or more employees
shall identify measures in their Emission Reduction Plan
that will result in attainment of their emission
reduction targets for morning and evening emissions
through one or all of the Emission Reduction Options
specified in Section 9.16.070 within ninety (90) days of
notification by the City.
(c) Employers of 10-49 employees are required to
submit Worksite Plans as defined in Section 9.16. oaD
within sixty (60) days of notification by the City.
(d) Multi-site employers of 100 or more employees,
with one or more sites located outside of the City of
Santa Monica, but within the South eoast Air Basin, have
the option of filing a Rule 2202 plan with the SeAQMD, or
filing an Emission Reduction Plan with the city of Santa
Monica. Employers choosing to file a Rule 2202 plan with
the SCAQMD will be required to notify the City'S
Transportation Management eoordinator in writing no later
than fifteen (15) days prior to the plan due date.
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(e) Upon the City Transportation Management
Coordinator's approval of a written request, an employer
may submit a single Emission Reduction Plan encompassing
all worksi tes subj ect to the requirements of this ehapter
if the worksites are owned or leased by the same employer
and located wholly within the eity of Santa Monica.
(f) All employer Emission Reduction Plans shall be
consistent wi th any plans previously submitted by the
developer of the property at which the worksi te is
located.
(g) If an employer's Emission Reduction Plan (ERP)
due date falls on a day city Hall is normally closed
(i.e., weekend, holiday, 9/ao Friday off), the employer
may submit the ERP on the first business day after the
plan due date.
(h) If an ERP is mailed to the City, the plan must
be postmarked before the plan due date. If the plan is
postmarked on or after the plan due date, the plan shall
be considered late and the employer shall be considered
to be in violation of this Chapter.
(i) After an employer submits a plan, the City's
Transportation Management eoordinator must either approve
or disapprove the plan within ninety (90) days.
(1) Notice of approval or disapproval shall be
given by mail. If the plan is disapproved, the reasons
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for disapproval shall be given in writing to the
employer.
(2) Once the Emission Reduction Plan is
approved, the employer will have sixty (60) days from the
date of approval to implement all aspects of the plan.
(3) Any plan disapproved by the eity's
Transportation Management Coordinator must be revised by
the employer and resubmitted to the city's Transportation
Management eoordinator within thirty (30) calendar days
of notice of disapproval or the employer shall be deemed
in violation of ehapter 9.16 of this Code. The City has
ninety (90) days to review the resubmitted plan.
(4) upon receipt of the second disapproval
notice, and until such time as a revised plan is
submitted to the eity's Transportation Management
eoordinator, the employer is in violation of Chapter 9.16
of this Code.
(j) An approved Emission Reduction Plan may be
revised between plan submittal dates by submitting a plan
revision in writing to the City'S Transportation
Management eoordinator. The revision shall not be
effective until approved by the Transportation Management
Coordinator.
(k) Any employer who establishes a new worksite in
the City of Santa Monica, or whose employee population
increases to more than ten (10), will be required to
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submit an Emission Reduction Plan to the City of Santa
Monica. Employers are required to contact the city's
Transportation Management Coordinator within sixty (60)
days of establishing a new worksite, or increasing
employee population. 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 ehapter
9.16 of this Code.
(1) Employers who relocate to another worksite
located within the City of Santa Monica shall notify the
City of the relocation within thirty (30) days. The eity
shall notify the employer to submit an updated version of
the Employee Profile and Worksite Analysis of the
Emission Reduction Plan.
(m) Any employer who has submitted a plan pursuant
to ehapter 9.16 of this Code and whose employee
population falls to fewer than ten (10) employees for a
six (6) 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
this eode. The employer must submit documentation which
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demonstrates an employee population of less than ten (10)
employees. Such demonstration could be made by payroll
records or other appropriate documentation.
(n) No employer of 100 or more employees shall be
responsible for complying with this Chapter until such
time as the city and the SeAQMD execute an agreement
which provides an exception to these employers from the
requirements of filing a Rule 2202 plan with the SeAQMD.
If at any time the City fails to meet its obligation
under the executed agreement, employers of 100 or more
employees in the eity shall be released from the
requirements of this Chapter and shall be subject to
compliance with the SeAQMD Rule 2202 requirements. This
exemption does not relieve employers from their
obligation under SCAQMD Regulation 7.
9.16.100 Transportation Management Associations (THA's).
(a) Transportation Management Associations are
groups formed so that employers, employees, developers,
and building owners can collectively address community
and worksite transportation-related 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
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solutions to commuter-related congestion problems in
conjunction with the City Transportation coordinators.
(b) The City will certify TMA's that submit a first
year work plan which outlines the following:
(1) A mission statement which describes the
reasons for the association's existence and the
overriding goals of the TMA.
(2) Goals and objectives for the first year
which target achievement of the mission statement.
Specific activities and tasks shall be listed to show how
the members will be served by the TMA and how the TMA
will help meet the area and regional transportation and
air quality goals.
(3) A plan for a baseline survey of commuters
and employers in the area to establish existing commuter
characteristics and attitudes of commuters toward traffic
and the use of commute alternatives. The employer survey
shall obtain a descriptive profile of existing programs
and employer attitudes toward developing new programs.
(4) The services to be provided by the TMA to
its members, including the commute alternatives to be
provided and promoted, the advocacy and marketing
acti vi ties planned, and the role of the TMA staff in
providing the services.
(5) A marketing plan which creates an identity
for the TMA and which describes how the TMA's planned
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services will be marketed to member employers and their
employees.
(6) A monitoring and evaluation plan which
will be used to measure progress against goals and
objectives, including results of the TMA's activities
wi th each member. This plan will be used to provide
annual reporting information to the city.
(7) A budget which details how the work of the
TMA will be accomplished, including details of public and
private financing and expenditures.
(c) The TMA must provide an annual report to the
City to become recertified yearly. The annual report
shall include the same elements as the first year plan
with the following exceptions:
(1) The mission statement shall be restated
based on changes in the goals and objectives of the TMA,
if any.
(2) The goals and objectives shall be updated
to reflect progress and changes in the TMA services.
(3) The baseline survey need not be repeated,
however, the annual report shall include follow-up
monitoring and evaluation activities related to the
baseline survey.
(4) The evaluation and results shall be
discussed and used to describe the next year's planned
activities.
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9.16.110 Developer emission reduction plans.
Developers of nonresidential projects which will
result in ten or more peak-period trips once the
development is completed shall submit an Emission
Reduction Plan to the City for implementation of selected
measures from section 9.16.070 and required measures, as
applicable, from Section 9.16.120, at their development
site in accordance with the procedures set forth in
section 9.16.120.
9.16.120 Procedure for submission of developer plans.
(a) Developers of nonresidential projects which
will generate ten or more p.m. peak-period trips who
apply for building permits for new or expanded
development projects in the City shall be required to
submit an Emission Reduction Plan meeting the
requirements of this ehapter at the time of application
for the project's first planning approval. The City'S
Transportation Management Coordinator shall approve or
disapprove the plan within thirty (30) days of project
approval by the Planning Division or the city Council,
when a Planning Division approval is appealed. Notice of
approval or disapproval shall be given by registered or
certified mail. If the plan is disapproved, the reasons
for disapproval shall be given in writing to the
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developer. Any plan disapproved by the Ci ty' s
Transportation Management coordinator must be revised by
the developer and resubmitted to the City's
Transportation Management Coordinator within thirty (30)
days of the notice of disapproval.
(b) Developer Emission Reduction Plans shall
include those items listed in Section 9.16.070(e) which
relate to facility improvements that the developers may
implement, plus any improvements as required in
subsection (c) below. Examples of developer plan elements
include preferential parking areas, bicycle storage
lockers, showers and lockers, and transit bays.
(c) In addition to optional or otherwise required
facility improvements, the following shall be required:
(1) Nonresidential development of twenty-five
thousand (25,000) square feet or more shall provide, to
the satisfaction of the City, a bulletin board, display
case, or kiosk, displaying transportation information
located where the greatest number of employees are likely
to see it. Information shall include, but is not limited
to, the following:
A. Current maps, routes and schedules
for public transit routes serving the site;
B. Telephone numbers for referrals on
transportation information including numbers for the
regional ridesharing agency and local transit operators;
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e. Ridesharing promotional material
supplied by commuter-oriented organizations;
D. Bicycle route and facility
information, including regional/local bicycle maps and
bicycle safety information;
E. A list of facilities available for
carpoolers, vanpoolers, bicyclists, transit riders, and
pedestrians at the site.
(2) Nonresidential development of one hundred
thousand (100,000) square feet or more shall comply with
the requirements in Section 9.16.120(c) (1) above, and
shall provide all of the following measures to the
satisfaction of the eity:
A. A safe and convenient zone in which
vanpool and carpool vehicles may deliver or board their
passengers;
B. sidewalks or other designated
pathways following direct and safe routes from the
external pedestrian circulation system to each building
in the development;
e. If determined necessary by the eity
to mitigate the project impact, bus stop improvements
must be provided. The City will consult with the local
bus service providers in determining appropriate
improvements. When locating bus stops and/or planning
\
building entrances, entrances must be designed to provide
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safe
and
efficient
access
to
nearby
transit
stations/stops.
(d) An approved Emission Reduction Plan shall be
required prior to issuance of a building permit.
(e) Developers shall not be required to update
approved Emission Reduction Plans. However, compliance
with such plans shall be accomplished by the requirement
set forth in section 9.16.080 that employer worksite
plans be consistent with developer plans for the
worksite, unless the Transportation Management
Coordinator approves alternative plan components.
(f) A developer may amend an Emission Reduction
Plan subsequent to approval of such plan by submitting a
plan revision. A subsequent owner may amend a plan in the
same manner. The amended plan shall not be effective
until approved by the eity's Transportation Management
Coordinator.
9.16.130 Enforcement.
(a) Audits.
(1) eity Audits. 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 demonstration that an employer is
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performing the on-going monitoring required by this
ehapter.
(2) Compliance Inspection. Any employer
subj ect to this Chapter is subj ect to an unannounced
compliance inspection. This inspection will require
access to records that demonstrate implementation and
monitoring of the employer's Emission Reduction Plan.
(b) Violations of this Chapter.
(1) No business license shall be renewed if an
employer has not paid the fee required by this ehapter.
(2) Failure to submit an initial plan when
due, annual report and plan update when due, mandatory
plan revisions when due, or failure to implement
provisions of an approved plan as set forth in the plan
implementation schedule, failure to keep records,
falsification of records, failure to have a certified ETC
or certified On-Site Coordinator on site if required, or
failure to submit proper fees in accordance with Section
9.16.050 is a violation of this Chapter. Additionally,
upon receipt of a second disapproval notice and until
such time as a revised plan is approved by the eity, the
developer or employer shall be deemed in violation of
this Chapter.
(3) If an employer chooses the Employee Trip
Reduction Option and complies with all provisions of the
approved plan but fails to meet the AVR targets, that is
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not a violation of this Chapter. However, the
Transportation Management eoordinator shall retain the
right to require the employer to provide additional
strategies and marketing strategies in the Employee Trip
Reduction Plan with the goal of increasing the employer's
AVR.
(4) If an employer chooses any Emission
Reduction Option (excluding the Employee Trip Reduction
Option), the employer must meet the required morning and
evening emission reduction targets for that plan year.
Failure to do so will be considered a violation of this
~ Chapter.
(5) Each day a developer or employer violates
the provisions of this ehapter or the terms and
conditions of any approved Emission Reduction Plan shall
constitute a separate violation.
(c) Enforcement Actions. In addition to any other
remedy provided for by law, the City, or the South Coast
Air Quality Management District when appropriate, may
take the following actions for violation of this ehapter
or of the terms and conditions of any approved Emission
Reduction Plan:
(1) Require the addition of elements to a work
or development site plan submitted by an employer or
developer;
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(2) Transfer authority for plan implementation
from an employer or developer to the eity;
(3) Institute proceedings to revoke any
approval of an Emission Reduction Plan;
(4) Revoke the business license held by any
violator, following the procedures set forth in section
9.04.20.30.060 of the Municipal Code;
(5) Impose an enforcement fee as provided for
in subsection (d) of this section;
(6) Request that the City Attorney take
appropriate enforcement action. Referral by the eity's
Transportation Management Coordinator is not a condition
precedent to any enforcement action by the eity Attorney;
(7) Notwithstanding any other provisions of
this ehapter regarding penalties or fees for enforcement
actions or for violations, for violators with one hundred
(100) or more employees, the eity, in addition to any
other remedies under this Chapter, shall refer the matter
to the South Coast Air Quality Management District for
appropriate action under Article 3, Chapter 4, Part 4 of
Division 26 of the Health and Safety eode.
(d) Enforcement Pees. An enforcement fee shall be
paid to the City by each person who has violated the
provisions of this Chapter or the terms and conditions of
any Emission Reduction Plan. The purpose of this fee is
to recover the costs of enforcement from any person who
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violates the provisions of this Chapter or any permit or
approval.
(e) Fee Assessment. Fees shall be assessed as
follows:
(1) Employers who choose any Emission
Reduction option (excluding the Employee Trip Reduction
option) shall be fined Five Dollars ($5.00) per employee
per day for each violation during the plan year.
(2) Developers, employers of 10-49 employees,
and employers of fifty (50) or more who choose the
Employee Trip Reduction option shall receive a Warning
Notice for the first violation of the plan year and no
fee shall be collected. For each additional violation in
the plan year, the employer shall receive a violation
notice and the violation fee shall be Five Dollars
($5.00) per employee per day.
(3) The City'S Transportation Management
eoordinator shall cause to be issued a notice imposing
enforcement fees under this section. The notice shall
provide that the fee shall be due and payable within
fifteen days from the date of the notice. A penalty of
ten percent (10%) per month shall be added to any fees
that have not been paid when due.
(4) Any person upon whom fees have been
imposed pursuant to this Section may appeal the action in
accordance with the following procedure:
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A. A notice of appeal shall be filed
with the eity's Transportation Management Coordinator
within ten (10) days of the date of the notice.
B. At the time of filing the notice of
appeal, the appellant shall deposit with the City
Treasurer money in the amount of all fees due. If, as a
result of the hearing, it is determined that the eity is
not entitled to all or a portion of the money, the City
shall refund to the person all or a portion of the money
deposited.
C. The Emission Reduction Plan Appeals
Board ("ERP Appeals Boardtt) shall hold a hearing on the
appeal within forty-five (45) days of the date of filing
of the appeal. The City shall give the appellant at least
five (5) days' notice of the time and place of the
hearing. The ERP Appeals Board shall render a decision
within fifteen (15) days of the date of the hearing. The
purpose of the hearing shall be limited to whether or not
the violation occurred.
D. The ERP Appeals Board shall uphold an
appeal of an enforcement fee under this Section in only
one of the following circumstances:
1. An error has been made in
calculating the enforcement fee.
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2. The person is found not to have
been violating the provisions of this ehapter or the
terms and conditions of the Emission Reduction Plan.
E. The decision of the ERP Appeals Board
shall be final except for judicial review and there shall
be no appeal to the City eouncil.
F. Any notice issued pursuant to this
section shall set forth the appeal rights as provided for
in this subsection.
G. Any notice of revocation issued
pursuant to this section shall be final upon the
expiration of the appeal period if no appeal is timely
filed or upon the decision of the ERP Appeals Board.
9.16.140 Administrative appeals.
(a) Disapproval of an Emission Reduction Plan by
the City's Transportation Management Coordinator,
including a revision of such a plan, may be appealed to
the Emission Reduction Plan Appeals Board.
(b) An appeal of an action by the City'S
Transportation Management Coordinator shall be filed with
the eity's Parking and Traffic Division within ten (10)
consecutive calendar days following the date of action
from which an appeal is taken. If no appeal is timely
filed, the action by the eity's Transportation Management
Coordinator shall be final.
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(c) A hearing on an appeal shall be scheduled
within sixty (60) days of the date of filing of an
appeal. Notice of an appeal hearing shall be mailed to
the appellant not less than ten (10) consecutive calendar
days prior to the hearing scheduled before the Emission
Reduction Appeals Board.
(d) A written decision on an appeal shall be issued
thirty (30) days from the date of hearing.
(e) An action of the City'S Transportation
Management eoordinator that is appealed to the Emission
Reduction Plan Appeals Board shall not become effective
unless and until approved by the Emission Reduction Plan
Appeals Board.
(f) A decision of the ERP Appeals Board on an
Emission Reduction Plan shall be final except for
judicial review and there shall be no appeal to the City
eouncil.
SECTION 2. 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, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
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unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City eouncil 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.
SECTION 4. The Mayor shall sign and the City elerk 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 30 days from its adoption.
APPROVED AS TO FORM:
~~
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Mayor
,~
State of CahfornIa )
County of Los Angeles ) ss
CIty of Santa MOllIca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg
Ordmance No 1847 (CCS) had Its fust readlllg on Apnl 9_ 1996 and had Its second readlllg on
Apnl 23. 1996 and was passed by the folloWlllg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstelll
Noes
CouncIl members
None
Abstalll
Councll members
None
Absent
Councd members
None
ATTEST
~,<>_~ Lu _ ~~
CIty Clerk