O1938
CA f \atty\munl\laws\barry\tmp2 ord
City Council Meeting 3-23-99
Santa MOnica, California
Ordinance Number 1938 (CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9 16030,9 16.050,9.16070,9 16080,9 16090,
916 130, AND 916140 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE CITY'S TRANSPORTATION MANAGEMENT
PLAN ORDINANCE BY UPDATING TERMINOLOGY TO REFLECT
INDUSTRY STANDARDS, ADDRESSING CHANGES IN AIR,
QUALITY REGULATIONS, AND CLARIFYING EXISTING LAW
WHEREAS, on November 12, 1991, the City Council adopted the Transportation
Management Plan Ordinance ("TMP") which requires that employers of ten or more
employees file an annual employee commute reduction plan With the CIty to reduce home-
to-workslte trips and produce an average vehicle occupancy for those tripS of 1.5 persons
per vehicle; and
WHEREAS, City staff periodically reviews the TMP to ensure that this ordinance IS
maintained current With Industry standards and With regional air pollution rules and state
laws, and
WHEREAS, the City Council last revised the TMP In April 1996; and
WHEREAS, the proposed changes to the TMP are necessary to update the
terminology utilized In the ordinance to reflect Industry standards, to address changes In
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regional air quality regulations, and to clarify eXisting law based on staff experience with
the ordinance's Implementation
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAI N AS FOLLOWS
SECTION 1 Section 9 16030 of the Santa Monrca Munrclpal Code IS hereby
amended to read as follows
SECTION 9 16 030 Definitions. The follOWing words and 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 (A VR). The total number of employees
who report to or leave the workslte 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 A VR calculation reqUires that the five-day
period must represent the five days dUring which the maJonty of employees
are scheduled to arrive at the workslte 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 morning A VR uSing a weekly averaging period for an
employer With 300 employees all reporting to work weekdays between 6 00
am and1000am IS
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Employees reporting to work
Monday 300
Tuesday 300
VVednesday 300
Thursday 300
Fnday 300
Total 1500
Number of vehicles driven to the workslte by these employees:
Monday 270
Tuesday 250
VVednesday 280
Thursday 265
Fnday 262
Total 1327
In this example, AVR IS arrived at by dividing the number of
employees reporting to work between 6 00 a m and 10.00 a m dUring the
week (1500) by the number of vehicles driven to the workslte between the
same hours during the week (1327)
1500 = 1 13 AVR
1327
A sImilar calculation is requIred for obtaining the afternoon peak
period A VR for commute tripS to and from the workslte between 3:00 p m
and 7 00 P m
AVR Target. The AVR that a Emission Reduction Plan IS designed
to achieve for a particular workslte The AVR target for worksltes In Santa
MOnica IS 1 5 AVR
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AVR Verification Method. A method approved by the City's
Transportation Management Coordinator for determining an employer's
current AVR
A VR Window. The penod of time compnsed of both hours and days
used to calculate AVR (I e ,600 am -1000 a m and 3 00 pm - 7.00 pm).
Carpool. A motor vehicle occupied by two (2) or more persons
traveling together to and from the workslte for the maJonty (at least 51 %) of
the total commute
Clean Fuel Vehicle or Alternative Fuel Vehicle. A motor vehicle
capable of operating on liqUid petroleum gas (P), methanol (M), compressed
natural gas (NG) or electricIty (ZE V), and certified by the California Air
Resources Board (CARB) as clean fuel vehicle
Commute Trip. A home-to-work or work-to-home tnp
Compliance Inspection. An unannounced inspection by the City of
an employer's activities related to the fulfillment of ongOIng Implementation
and monltonng 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
tnps to the workslte 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 )
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Consultant ETC. A person that meets the requirements of and that
serves as an ETC at a single workslte for an employer other than the
Consultant ETC's employer
Developer. Any person responsible for development of a non-
residential development proJect that will result In ten (10) or more peak
period trips
Disabled Employee. An individual with a physical or mental
Impairment which prevents the individual from complYing with the employer's
emission reduction plan
Emission Reduction Plan (ERP). A plan Intended to reduce
emiSSions related to employee commutes and to meet a workslte 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
Transportation Planning Manager, the Director of Planning and Community
Development, and an at-large member apPointed by the City Council The
Transportation Planning Manager 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 CO
emiSSions required to be reduced based on the number of employees per
workslte and the employee emiSSion reduction factor
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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 workslte 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 by the City who IS responsible
for the development, Implementation and mOnitoring of the Employee Trip
Reduction Plan The ETC must be at the workslte a minimum of fifteen
hours per week or have a certified On-site Coordinator at the workslte a
minimum of fifteen hours per week All workslte-related information must be
kept at the workslte Employee Transportation Coord Inators shall participate
In City-sponsored workshops and mformatlon roundtables.
Employee Trip Reduction Plan (ETRP). A plan for Implementation
of strategies that are deSigned to reduce employee commute tripS dUring the
A VR windows
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
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 ofthe year These employees will
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not be calculated In the A VR, but shall count as part of 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 reporting to work. These days shall not be
Included In the A VR survey week
Independent Contractor. An employee who enters Into a direct
wntten 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 descnbe 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 "
"A" descnbes a free flOWing condition and "F" describes forced traffic flow
conditions With severe capacity deficiencies and delays This definition IS
based on the Highway Capacity Manual Transportation Research Board SR
209 (1985)
Low Income 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 substantral 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
workslte within the City of Santa MOnica, or more than one workslte in the
South Coast Air Basin with one or more of those sites located In the City of
Santa Monica
MultiRTenant Worksite. A structure, or group of structures, on one
workslte where more than one employer conducts a business.
On-Site Coordinator: An employee who serves as on-site contact
for employees at a workslte served by a Consultant ETC, or for an employer
with more than one workslte located In the City of Santa MOnica
Parking Cash-Out. Assembly Bill 2109 that requires employers with
fifty or more employees who lease their parking and SUbSidize all or part of
that parking to Implement a Parking Cash-Out Program Employers who fall
under the purview of parking cash-out must offer their employees the option
to give up their parking spaces and receive a cash subSidy In an amount
equal to the cost of the parking space Employers who are subject to parking
cash-out reqUirements must Implement a parking cash-out plan Employers
who do not Implement a parking cash-out plan Will have their EmiSSion
Reduction Plans disapproved
Part-Time Employee. Any employee who reports to a workslte 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
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employer provided the employees report to or leave the workslte durmg the
A VR wmdow
Peak Period. In the morning, the peak penod Includes the hours from
6 00 a m to 10 00 a m I n 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 tnp that begins or ends
at the worksite or a work related tnp 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 reqUlnng appointments or otherwise excludmg the general
public Such uses may Include, but not be limited to, neighborhood
commercial uses, retail uses, cultural uses, restaurants, cafes, and banks
Performance Target Zone. A geographIc area that determmes the
employee emiSSion reduction factor for a partlcularworkslte. Santa Monica
IS located In Zone 2
Preferential Parking. Parking spaces deSignated or assigned for
carpool and van pool 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
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correlates that change to exhaust emissIon levels Emission reductions
resulting from the subsequent repair of the Identified vehicles can be used
to meet commute emiSSion reduction targets
Ridesharing. Any mode of transportation other than a single
occupancy vehicle that transports one or more persons to a workslte.
South Coast Air Quality Management District (SCAQMD) The air
quality control agency that mOnitors and enforces air quality regulations In
Los Angeles, Orange, Riverside, and San Bernardino Counties
Telecommuting. 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 50%
Temporary Employee. Any person employed by an employment
service or a "leased" employee, that reports to a workslte other than the
employment service's workslte, 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 workslte of a temporary employer for a
consecutive penod of more than SIX months shall count as an employee of
the temporary employer and shall be calculated In the A VR 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,
non-profit agency or corporation or other entity which meets reqUIrements
and IS certified by the Executive Officer of the South Coast Air Quality
Management District and the City of Santa Monica's Transportation
Management Coordinator to prOVide training, as reqUired by Chapter 9.16 of
the MUnicipal Code, to Employee Transportation Coordinators (ETCs).
Transportation Demand Management ('"TDMII). The
Implementation of strategies that Will encourage indiViduals to either change
their mode of travel to other than a smgle occupancy vehicle, reduce trip
length, eliminate the tnp altogether, or commute at other than peak periods
Transportation Facility Development ("TFDII) Construction of
maJor capital Improvements to a highway or transit system or Installation of
operating eqUIpment that Includes new construction of the eXisting system
or construction of a new system
Transportation ManagementAssociation (IITMA"'). AgfOupformed
so that employers, employees, and developers can collectIvely address
commumty 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 solutions to commuter-related
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congestion problems In conjunction with the City Transportation
Coordinators. The City may Identify employment clusters or multi-tenant
worksltes where an employer organization such as a TMA should be
formed
Transportation System Management ("TSM"). Strategies deSigned
to Improve traffic flow through modifications In, or coordination of, the
operation of eXisting facIlities
Trip Reduction. The reduction In single occupant vehicle tripS by
private or public sector programs used dUring peak periods of commuting
Van pool. A van or similar motor vehicle In which 7 or more persons
commute to and from the workslte.
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 worksltes, or vehicles that
stop only to load or unload passengers or materials at a workslte while on
route to other worksltes
Work Place or Worksite A buildmg, 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 are owned or operated
by the same employer. Employers may opt to treat more than one structure,
bUlldmg, or groupmg of bUildings as a single workslte 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 City of Santa MOnica Structures
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that are located more than % mile away from each other must have a
certified ETC or On-Site Coordinator at each sIte
Worksite Transportation Plan (HWTP") A plan for implementation
of marketing strategies designed to provide employees with Information
about alternative commute options required by employers of 10-49
employees
SECTION 2 Section 9 16 050 of the Santa Monica MUnicipal Code IS hereby
amended to read as follows.
SECTION 9 16 050 Transportation Fee.
(a) Employer Annual 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 Chapter The amount ofthe fee shall be established and from time to
time amended by resolution of the City CouncIl.
(1) Employers of 50 or more employees filing Employee Trip
Reduction Plans (ETRPs) and employers of 10-49 employees filing Workslte
TransportatIOn Plans (WTPs) shall pay an annual transportation fee
calculated uSing the follOWing formula Fee;;;; (Number of Employees) x
(Employee Cost Factor) The employee cost factor equals
(A) $600 per employee for employers With 50 or more employees
(B) $8 00 per employees for employers With 10 - 49 employees
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(2) The Annual Transportation Fee for employers of fifty or more
employees who choose to Implement the Emission Reductions Options
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 employe~s annual transportation
fee, the definItion of employee shalllnclude full-time, part-time, temporary,
seasonal, at-home or In-field contractors of consultants working at a workslte
for an average of SIX months or more
(4) Employers shall be notified of the Employer Annual
Transportation Fee when they receive notice to submit an ERP or WTP In
accordance With Section 9 16090 Employer Impact Transportation Fees
shall be due and paId In full With the submittal of the ERP or WTP The City
shall mall notice of payment required by thiS subsection at least 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 attain ment of a 1.5 a m. and
p m AVR shall receive the follOWing reductions In their Employer Annual
Transportation Fees.
(A) Attainment of a 1 50 a m and p m A VR for one year shall
result In a 40% reduction of Employer Annual Transportation Fees
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(B) Attainment of a 1 50 a m and p m A VR for two consecutive
years shall result In a 50% reduction of Employer Annual Transportation
Fees.
(e) Attainment of a 1 50 a m and p.m AVR for a period of three
or more consecutive years shall result In a 60% reduction of Employer
Annual Transportation Fees
(7) Employers of fifty or more employees who JOin a TMA certified
by the City shall receive a 25% reduction In the Annual Employer
Transportation Fee ThiS reduction shall be m addition to any fee reduction
the employer IS awarded for attainment of a 1 5 a m. and p m A YR. Fees
charged by the TMA to employers for Its operation and admlnlstratlve 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 costs of provldmg transportation faCilities and services
associated WIth new commercial development
(1) Developers who apply for bUlldmg permits for new or expanded
development projects m the City shall mitigate their resultant transportation
by paYing a one-time transportation Impact fee The amount of the fee and
manner of payment shall be established and from time to time amended by
resolutIon of the CIty CouncIl
(2) Fees shall apply to developers who have not received
certificates of occupancy as of the effective date of the resolution
establishing the fees
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(3) Developers shall pay the required fee prior to Issuance of a
bUilding permit Developers who have already obtained bUilding permlts
must pay the required fee pnor to Issuance of a certificate of occupancy
(4) The following land uses are encouraged by the City because
of their benefICial Impacts and shall receive reductions from the Developer
Impact Fee supermarkets and pedestrian onented uses on the ground floor
of a multi-story bUilding Both the I mpact Fee and the reduction shall be
established by resolution
(5) Refunds of the Developer Impact Fee shall be made upon filing
of a request for refund Within SIX (6) months of eXpiration of a bUilding permit
upon verification that constructIOn of the Improvements for which the permit
was Issued have not commenced and no extensions of the bUilding have
been granted No Interest shall be paid on any refunded fee
SECTION 3 Section 9 16070 of the Santa Monica Municipal Code is hereby
amended to read as follows:
SECTION 9 16 070. Contents of Emission Reduction Plans.
Employers of 50 or more employees are required to submit to the City,
Within ninety days of notification, an EmiSSion Reduction Plan designed to
reduce emISSIons related to employee commute tripS and to meet specifIc
emiSSIons reduction targets specified for the subsequent year. The annual
EmiSSion Reduction Target (ERT) shall be determined according to the
follOWing equation for VOC, NOx, and CO, based on employee emiSSion
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reduction factors specified In paragraph (J) of this Section. Any employer
who falls underthe purview of Assembly Bill 2109 shall Implement a Parking
Cash-Out Program. Failure to do so Will result In the disapproval of an
employer's ERP
[ERT (In Ibs. per year)] =
[{employees} x {employee emiSSion reduction factor}] - {vehicle tnp
emission credit}
Where
Employee = Average dally number of employees
reporting to work In the Window
Employee EmiSSion
Reduction Factor = Determined by the year of the plan
submittal as defined In Paragraph G) of
thiS Section.
Vehicle Trip
EmiSSion Credits = Determined according to paragraph (J) of
thiS Section
Each employer shall choose one or more of the follOWing options In
Implementing their EmiSSions Reduction Plan'
Old VehIcle Scrapping
Remote Sensing
Other Work-Related Trip Reductions
Alternative Fuel Vehicles
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Employee Tnp Reduction Plan
(a) Old Vehicle Scrapping. In order to meet their emISSIon
reduction target, any employer of fifty or more employees may scrap old
vehicles by purchasing Mobil Source Emission Reduction Credits (MSERCs)
from an SCAQMD licensed Vehicle Scrapper/Broker, in accordance with
SCAQMD Rule 1610
(1) All Scrappers/Brokers must be licensed by the SCAQMD and
adhere to SCAQMD Rule 1610 requirements
(2) An annual plan mdlcatlng the amount of credits purchased and
the amount of emiSSions reduced must be submitted to the City's
Transportation Management Coordinator each year.
(3) MSERCs must be transferred to the City MSERC Account no
later than 180 days after the approval ofthe ERP by the City's Transportation
Management Coordinator
(4) Employers chOOSing thiS option must do so for a minimum
period of three years
(b) Remote Sensing. Any employer of fifty or more employees
may Implement a Remote Sensmg Program to earn credit towards their
emiSSion reduction target EmiSSion reductions obtamed from the
ImplementatIon of remote sensing shall be determined according to the
follOWing equation
[emission reductions m Ibs per year] =
[{pre-repair emiSSion rate m Ibs per mile} -
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{post-repair emiSSion rate In Ibs 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
(C) 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
(E) CalculatIons Indicating the EmISSion Reduction Target has been met
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(c) Other Work-Related Trip Reductions. Employers of fifty or
more employees may receive Vehicle Tnp 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 tnp reductions shall be determIned
according to the followmg equation
VTEC = [CTR] x [EF]
[CF]
Where
CTR (Creditable Tnp Reductions) = The dally average of one-
way tnp reductions that are real,
surplus, and quantifiable. A round
tnp IS considered to be two
one-way tnps
CF (Conversion Factor)
= 2 3 for non-peak tnps
EF (EmiSSion Factor)
= EmiSSion Factor in
paragraph (J> of thiS
Section
Employers must submIt an annual report to the City's Transportation
Management CoordInator mdlcatlng the number of commute-related non-
peak tripS reduced and the amount of emiSSions reduced
(d) Alternative Fuel Vehicles. Employers may receive VTEC for
the use of alternatIve fueled vehicles (onglnal equIpment manufacturer or
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converted) for commute orotherwork-related tripS accordIng to the following
formula
VTEC =
[VT(NG)] x [0 83] x [EF]
+ [VT (M) x [ 80] x [EF]
+ [VT (P)l x [ 80] x [EF]
+ [VT (ZEV)] x [EF]
Conversion Factor (CF)
Where
Number of Vehicle Tnps from compressed
natural gas vehIcles
Number of Vehicle Trips from flexible fuel
vehicles operated on Methanol
Number of Vehicle Trips from propane of LPG
vehIcles
Number of Vehicle Trips from electriC or zero-
emiSSion vehicles
EmiSSion Factor from paragraph (J) of thiS
Section
CF = 2 0 for peak window tripS, 2 3 for other tripS
Employers shall submIt annual plans to the City's TransportatIon
Management Coordinator indicating the number of Alternative Fuel Vehicles
Tnps, the type of alternative fuel vehicles used, and the emiSSion reduction
target calculations
VT(NG)
VT(M)
VT(P)
VT(ZEV)
EF
=
=
=
=
=
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(e) Employee Trip Reduction Plan. Employers of 50 or more
employees who choose this option shall prepare, Implement, and mOnitor
Employee Tnp Reduction Plans (ETRP) for transportation demand
management, transportation system management, and 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 A VR targets thereafter The ETRP shall be In a form
approved by the Transportation Management Coordinator. The ETRP shall
undergo an Intensive plan revIew by the CIty'S Transportation Management
Coordinator and Transportation Management Specialists.
(1) The ETRP shall Include strategies deSigned to encourage
employees to ndeshare dUring the morning and evening A VR Windows.
(2) The ETRP shall consist of a report that.
(A) Calculates and documents A VR levels for morning and evening
peak penods
(B) Lists plan Incentives and a schedule for their Implementation
(C) Determines a marketing strategy for the plan year.
(D) Determines the use of workslte parking faCilIties to achieve
ndeshare and transit objectives (I e ,number of received spaces for carpools,
vanpools, etc )
(E) Lists the bicycle paths and routes Within % mile of the workslte
(F) Lists the public transit services Within 1/4 mile of the workslte
(G) Provides a general deSCription of the type of bUSiness
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(H) Includes an Emergency Episode Plan and a dally air quality
log
(I) 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 250 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 workslte. The
days chosen cannot contain a holiday and cannot occur dUring Rldeshare
Week or other "event" weeks (I e, Bicycle Week, Walk to Work Week,
Transit Week, etc.) This survey must have a minimum response rate of
seventy-five percent of employees who report to or leave work between SIX
a m and ten am, inclUSiVe, and seventy-five percent of employees who
report to or leave work between three p m and seven p m., Inclusive
Employers that achIeve a 90% or better survey response rate for the a m or
pm window may count the "no-survey responses" as "other" when
calculating their A VR
(J) Provides the name and proof of certification of the Employee
Transportation Coordinator who IS responsible for Implementation and
mOnltonng of the plan
(K) Provides the name of the On-Site Coordinator (If different from
the ETC) for each site who IS responsible for Implementation and mOnltonng
of the plan
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(l) Identifies the objectives ofthe plan and provides an explanation
of why the plan IS lIkely to achieve the A VR target levels
(M). Includes a Parking Cash-Out Plan If reqUired
(N) 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 days before plan submiSSion date, and that all data
IS accurate to the best of the employer's knowledge.
(3) The ETRP shall be updated every 12 months, with an annual
report submitted on the anniversary date of the Initial plan approval date
The Annual Employee Tnp Reduction Plan shall Include the follOWing
(A) AVR calculations and documentation for the plan year
(B) Lists plan inCentives, changes to plan Incentives, and a
schedule for their implementation
(C) Determines a marketing strategy, Indicating changes from the
prevIous plan year
(D). Determines the use of workslte parking facilities to achieve
ndeshare and transIt obJectives <, e., number of spaces for carpools and
vanpools, etc )
(E) Lists the bicycle paths and routes within % mile of the workslte.
(F) Lists public transit services within 1/4 mile of the workslte
24
(G) Provides a description of the general type of business
(H). Includes a sample of the employee survey for the plan year as
described In paragraph (2) of this Section.
(I) Provides the name and proof of certification of the Employee
Transportation Coordinator who IS responsible for the preparation,
implementation and monitoring of the plan
(J) Provides the name ofthe On-Site Coordinator (If different from
the ETC) for each site who IS responsible for Implementation and mOnitoring
of the plan
(K) Identifies the obJectives ofthe plan and provides an explanation
of why the plan IS likely to achieve the AVR target levels.
(l) Includes a management commitment letter as defined In
paragraph (2) of thIS Section
(M) Includes update and reVISions to the ETRP as the City's
Transportation Management Coordinator deems appropriate, If the annual
report mdlcates that the goals of the previously approved ETRP have not
been met
(4) The procedure for calculating AVR at a workslte shall be as
follows
(A) The A VR calculatIon shall be based on date obtained from an
employee survey as defined In paragraph (2) of thiS Section
(B) AVR shall be calculated by dividing the number of employees
who report to or leave the workslte by the number of vehIcles arriving at or
25
leaving the workslte dUring the peak periods All employees who report to
or leave the workslte that are not accounted for by the employee survey shall
be calculated as one employee per vehicle arriving at or leaving the workslte.
Employees walking, bicycling, telecommuting, uSing public transit, arriving
at the workslte m a zero-emISSion vehicle, or on their day off under a
recognized compressed work week schedule shall be cou nted as employees
arriving at or leaving the workslte without vehicles Motorcycles shall be
counted as vehicles
(C) A child or student may be calculates In the A VR as an
additional passenger In the carpool/van pool If the child or student travels In
the car/van to a workslte or school/childcare faCIlity for the maJonty (at least
51 %) of the total commute
(D) If two or more employees from different employers commutes
In the same vehicle, each employer must account for a proportional share of
the vehicle consistent with the nu mber of employees that employer has In the
vehicle
(E) Any employee dropped off at a workslte shall count as arriving
In a carpool only If the driver of the carpool IS continUing on to his/her
workslte
(F) Any employee telecommuting at home, off-SIte, or at a
telecommuting center for a full work day, ellmlnatmg the trip to work or
redUCing the total travel dIstance by at least 51 % shall be calculated as Ifthe
employee arrived at the workslte In no vehicle.
26
(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 workslte
Compressed Natural Gas (NG) 8
Propane Vehicles (P) 8
FleXible Fuel Vehicles operating on
Methanol (M) 83
The following formula must be used when indicating alternative fueled
vehicles In the A VR.
WCT(NG) + WCT(P) + WTC(M) = AFC
WCT = Total Weekly Commute Trips
AFC = Total Alternate Fuel Credits
(H) Zero Emission Vehicles (electnc vehicles) shall be calculated
as zero vehicles arriving at the workslte
(5) Employers must keep detailed records of the documents which
verify the Average Vehicle Ridership calculation for a penod of two years
from plan approval date Records which venfy strategies In the ETRP have
been marketed and Implemented shall be kept for a period of at least two
years from plan approval date. Approved ETRPs must be kept at the
workslte for a penod of at least three years from plan approval date. For
employers who Implement their plans uSing a centralized ndeshare service
center, records and documents may be kept at a centralized location
27
Failure to maintain records, or falsification of records will be deemed a
violation of this Chapter.
(f) Minimum Requirements. Employers Implementing options (a),
(b), (c), or (d), as defined In this section must meet the following minimum
plan requirements
(1) Conduct an AVR survey In accordance With the requirements of
Section 9 16 070( e )(2)(1) In order to receive Commute Tnp Reduction
Credits (CTRCs) for employees who ndeshare to and from the workslte.
(A) Failure to survey employees shall result in a default AVR of 1.0.
(B) In conducting the survey, employers must choose either the
a m Window (6'00 a.m to 10:00 am) or the p m WIndow (3.00 p.m to 7 00
pm) depending on which Window reflects the time period when the maJority
of employee tnps occur
(2) Marketing Plan Employers shall Include a marketing plan to
educate employers about alternative commute options by making information
available to employees
I nformatlon shall be posted at the workslte, or dlstnbuted to each
employee at the workslte
(3) Information shall be updated annually.
(g) Extensions In the event that an employer reasonably needs
more time to submit an EmISSion Reduction 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
28
than fifteen calendar days pnor to plan due date Such requests must be
made In writing and shall state why such extension IS requested, what
progress has been made toward developing the ERP, and for what length
of time the extension is sought The City's Transportation Management
Coordinator shall notify the employer In wntlng whether or not the extension
has been granted within fifteen calendar days of receipt of a written request
for extension.
(1) An employer may request an extension up to SIXty days for the
initial submittal of a plan.
(2) An employer may request an extension of up to thirty days to
complete a revIsed plan
(3) An employer may, upon receipt of a wntten objection to the
terms of the proposed plan by an employee, employee representative or
employee organization, request a single extension for thirty calendar days
A copy of the wntten 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
(4) The City's Transportation Management Coordinator, at hiS or
her discretion, may grant extensIons beyond sixty days In the event of an
extreme emergency Each employer's request shall be revIewed on an
IndiVidual baSIS
(h) Plan ReVISions An approved ERP may be revised between
plan submittal dates by submitting a plan reVISion In writing to the CIty's
29
Transportation Management Coordinator 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
(1) Ifthe Transportation Management Coordinator determines that
the ERP marketing strategy IS not being carried out to the fullest extent, the
Transportation Management Coordinator may require the employerto submit
quarterly marketing reports that Include examples ofthe marketing strategies
Implemented for each quarter
(2) If It IS necessary for an employer to amend an ERP before the
plan can be approved, the employer shall have fifteen 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
ERP disapproved
(3) 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 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 su bmlt wntten comments to the City's Transportation
Management Coordinator and the employer setting forth the obJectlon(s)
Upon receiving such a request, the Transportation Management Coordinator
30
shall maintain neutrality wIth respect to any negotiations regarding the ERP
Nothing in this paragraph shall be construed to affect the requirement to
Implement an approved ERP and comply With applicable deadlines
(4) An ERP shall be disapproved if any employee(s), employee
representative, oremployee 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 subdiVISion 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 subdiVISion. The burden of proof that a plan should be disapproved
pursuant to thiS subdiVISion rests With the employee, employee
representative or employee organization submitting the Information
(5) If a frnal determination that an element of an approved ERP
Violates any provIsion of law Issued by any agency or court With jurisdiction
to make such determinations, then the employer shall, Within forty-five
calendar days, submit a proposed plan revIsion to the City's Transportation
31
Management Coordinator which shall be designed to achieve an A VR
equivalent to the previously approved plan
(I) Employee Transportation Coordinators Employers of fifty
or more employees shall designate a certified Employee Transportation
Coordinator (ETC) or an ETC and an On-Site Coordinator for each workslte
Included In the Emission Reduction Plan
(1) An employer may elect to use a Consultant ETC or a
TMOITMA In lieu of an ETC prOVided the Consultant ETC or the TMOITMA
staff has received certified training and the site maintains an On-site
Coordinator
(2) If the absence of a certified ETC, Consultant ETC, or On-Site
Coordinator exceeds eight 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 City's Transportation Management
Coordinator WIth proof of training no later than 12 weeks after the beginning
of the absence.
(3) ETCs are not required to attend yearly update training
(4) On-Site Coordinators are not required to be certified proVided
the ETC or Consultant ETC IS certified and writes and administers the ERP
(J) Emission Reduction Factors: The follOWing emiSSion factors
shall be used In calculations pursuant to thiS rule.
32
(1) 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 CO
1998 584 442 4514
1999 512 4.11 4001
2000 4.40 380 35.19
2001 410 339 32.83
(2) The follOWing default emiSSIon factors (pounds per year per
dally commute vehIcle) may be used In determining vehicle trip emiSSIon
credits:
EmiSSIon Year
VOG
17
15
13
12
NOx
13
12
11
10
1998
1999
2000
2001
CO
132
117
103
96
SECTION 4 Section 9 16.080 of the Santa Monica Municipal Code is hereby
amended to read as follows.
SECTION 9 16 080 Requirements For Employers of 10-49
Employees.
(a) All employers of 1 0 to 49 employees shall be required to attend
a City-sponsored training seminar upon notification and submit a Workslte
33
Plan (WTP) to the City In accordance with the procedures set forth In thiS
Section ThiS plan shall Include at a minimum
(1) Workslte 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 who has attended a City-sponsored training program and IS
responsible for the Implementation of the WTP
(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 Coordinator)
(5) Description of the type of business
(6) Description of anyon-site amenities
(7) Location of the kiosk or bulletin board and a descnptlon of the
information displayed
(8) Lists the publiC transit services within 1/4 mile of the worksite
(9) Lists the bicycle paths and routes Within ~ mile ofthe workslte
(10) Includes a management commitment letter signed by the
highest rankmg offiCial at the site.
(b) Employers of 10-49 employees shall make, at a minimum, the
follOWing InformatIon available to each employee
(1) Carpoolmg/vanpoohng Information, Including mformatlon about
the services proVided by the regional rldesharlng agency and their phone
number
34
(2) Transit schedules and token/pass purchase Information.
(3) I nformatlon on air pollution and options to d riving 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 WTP Within
Sixty days of notification by the City.
(d) Employers of 10 to 49 employees shall submit yearly updated
WTP In accordance With this section Employers who fall to submit an initial
plan, reVised plan, or updated plan when required, shall be In Violation of this
Chapter
(e) After an employer submits the WTP, the City's Transportation
Management Coordinator must either approve or disapprove the plan Within
SIXty days.
(1) Notice of approval or disapproval shall be given by mall If the
Workslte Plan IS disapproved, the reasons shall be given in Writing to the
employer
(2) Any plan disapproved by the City'S TransportatIon Management
Coordmator must be reVised by the employer and resubmitted to the City'S
Transportatlon Management Coordlnatorwlthm thirty calendar days of notice
35
of disapproval or the employer shall be deemed to be In Violation of Chapter
9 16 of the MUnicipal Code The City has sixty calendar days to review the
resubmitted plan.
(3) Upon receipt of the second disapproval notice, and until such
time as a revised plan IS submitted to the City'S Transportation Management
Coordinator, the employer IS In Violation of Chapter 9 16 of the Municipal
Code.
SECTION 5 Section 9 16 090 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
SECTION 9 16 090 Procedures for Submission of Emission
Reduction Plans and Worksite Transportation Plans.
(a) All employers With fifty or more employees, located Within the
City of Santa MOnica, and subJect to thiS Chapter shall submit to the City,
Within 90 days of receipt of notice to Implement, an ERP designed to reduce
emiSSions related to employee commutes and to meet a workslte speCific
emission reduction target (ERT) speCified pounds of emiSSions per
employee for the subsequent year ThiS emiSSion reduction program shall
be In the form of an ERP
(b) Employers of fifty or more employees shall Identify measures in
their ERP that Will result In attainment of their emiSSion reduction targets
through one or all of the EmiSSion Reduction Options speCified In Section
9 16 070 Within ninety days of notification by the City
36
(c) Employers of 10-49 employees are required to submit WTPs
as defined In Section 9 16080 within sixty days of notification by the CIty.
(d) Multi-site employers of 250 or more employees, with one or
more sites located outside of the City of Santa Monica but within the South
Coast Air Basin, have the option of filing a Rule 2202 plan with the
SCAQMD, or filing an ERP 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 Coordinator In writing no later than
fifteen days prior to the plan due date
(e) Upon the CIty TransportatIon Management Coordinator's
approval of a written request, an employer may submit a single ERP or WTP
encompassing all worksltes subJect to the requ Irements of thiS Chapter If the
worksltes are owned or leased by the same employer and located wholly
within the City of Santa MOnica.
(f) All employer ERP's and WTP's shall be consistent With any
plans previously submitted by the developer of the property at which the
workslte IS located
(g) If an employer's ERP 0 r WTP due date falls on a day City Hall
IS normally closed (I e , weekend, holIday, 9/80 Friday off), the employer may
submIt the ERP or WTP on the first busmess day after the plan due date
(h) If an ERP or WTP IS mailed to the City, the plan must be
postmarked before the plan due date If the plan IS postmarked on or after
37
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 Coordinator must either approve or disapprove the plan within
ninety days for an ERP and within sixty days for a WTP
(1) Notice of approval or disapproval shall be given by mall If the
plan IS disapproved, the reasons for dIsapproval shall be given In writing to
the employer
(2) Once the plan IS approved, the employer Will have sixty days
from the date of approval to Implement all aspects of the plan
(3) 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 calendar days of notice
of disapproval or the employer shall be deemed In Violation of Chapter 9 16
of the Munrclpal Code The City has ninety calendar 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 City's Transportation Management
Coordinator, the employer IS In Violation of Chapter 9 16 of the MUnicipal
Code
(]) An approved ERP or WTP may be reVised between plan
submittal dates by submlttmg a plan revIsion In writing to the City's
38
Transportation Management Coordinator The revision shall not be effective
until approved by the Transportation Management Coordmator.
(k) Any employer who establishes a new workslte m the City of
Santa MOnica, or whose employee population Increases to more than 10, will
be reqUired to submit an ERP or WTP to the City of Santa MOnica
Employers are reqUired to contact the City's Transportation Management
Coordinator Within sixty days of establIshing a new workslte, 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 workslte and the name of the highest ranking official at the worksite
Upon receIpt of the notice, the City shall mall a notification letter to the
employer and ninety calendar days thereafter the employer shall submit a
plan and shall be subJect to all provIsions of Chapter 9.16 of the Municipal
Code.
(I) Employers who relocate to anotherworkslte located Within the
City of Santa MOnica shall notify the City of the relocation Within thirty days
The City shall notify the employer to submit an updated version of the
Employee Profile and Workslte AnalYSIS of the ERP or WTP.
(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 penod, 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
39
employer must submit documentation whIch demonstrates an employee
population of less than 10 employees Such demonstration could be made
by payroll records or other appropnate documentation.
(n) No employer of 250 or more employees shall be responsible
for complYing With this Chapter until such time as the CIty and the SCAQMD
execute an agreement which provides an exception to those employers from
the requirements of filing a Rule 2202 plan With the SCAQMD. If at any time
the City falls to meet Its obligatIon under the executed agreement, employers
of 100 250 or more employees In the City shall be released from thiS Chapter
and shall be subJect to complIance With the SCAQMD Rule 2202
reqUirements
SECTION 6 Section 9 16 130 of the Santa Monica Municipal Code is hereby
amended to read as follows
SECTION 9.16 130 Enforcement.
(a) Audits.
(1) City Audits. The City shall perform follow-up audits on a
selective basIs Employers shall receive at least ten 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 performing the on-going monitoring
required by thiS Chapter
(2) Compliance Inspection. Any employer subJect to this Chapter
IS subject to an unannounced compliance Inspection ThiS inspection Will
40
reqUire access to records that demonstrate Implementation and momtonng
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 Chapter
(2) Failure to submit an Initial plan when due, annual report and
update plan when due, or 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 designated On-Site Coordinator on site If
required I orfallure to su bmlt 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
CIty, the developer or employer shall be deemed In Violation of thiS Chapter
(3) If an employer chooses the Employee Tnp Reduction Option
and complies WIth all proVIsions of the approved plan but falls to meet the
A VR targets, that IS not a Violation of thiS Chapter. However, the
Transportation Management Coordinator shall retain the nght to reqUire the
employer to proVide addItional Incentives and marketing strategies In the
ETRP WIth the goal of increasIng the employer's A VR
(4) If an employer chooses any Emission Reduction Option
(Excluding the Employee Trip Reduction Option), the employer must meet
41
the reqUired 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
th IS Chapter or the terms and conditions of any approved ERP or WTP shall
constitute a separate violation
(c) Enforcement Actions. [n 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 Chapter or of
the terms and conditions of any approved ERP or WTP
(1) ReqUire the addition of elements to a work or development site
plan submitted by an employer or developer
(2) Transfer authority for plan Implementation from an employeror
developer to the City
(3) Institute proceedings to revoke any approval of an ERP or
WTP
(4) Revoke the business license held by any Violator, follOWing the
procedures set forth In Section 9150 6 of the MunIcipal Code
(5) I mpose an enforcement fee as provided for In Section 9 16 130
(d)
(6) Request that the City Attorney take appropriate enforcement
action Referral by the City's Transportation Management Coordmator IS not
a condition precedent to any enforcement action by the City Attorney
42
(7) Notwithstanding any other provIsions ofthis Chapter regarding
penalties or fees for enforcement actions or for violations, for violators with
250 or more employees, the City, 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 Code
(d) Enforcement Fees. 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 ERP or WTP The purpose of thiS fee IS to
recover the costs of enforcement from any person who VIolates the
proVIsions of thiS Chapter or any permit or approval.
(e) Fee Assessment Fee. Fees shall be assessed as follows
(1) Employers who choose any Emission Reduction Option
(excluding the Employee Tnp 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 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 Coordinator shall cause
to be Issued a notice Imposing enforcement fees under thiS Section. The
43
notice shall provide that the fee shall be due and payable within fifteen (15)
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
(A) A notice of appeal shall be filed wIth the City'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 City IS not entitled to all or a
portion of the money, the City shall refund to the person all or a portion ofthe
money deposited
(C) The EmissIon Reduction Plan Appeals Board ("ERP Appeals
Board") 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 heanng shall be limited to whether or not the Violation
occu rred
(D) The ERP Appeals Board shall uphold an appeal of an
enforcement fee under thIS Section In only one of the follOWing
cIrcumstances
44
An error has been made In calculating the enforcement fee
II The person IS found not to have been violating the provIsIons
of thiS Chapter or the terms and conditions of the ERP or WTP.
(E) The decIsion of the ERP Appeals Board shall be final except
for JudiCial review and there shall be no appeal to the City CouncIl
(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
SECTION 7 Section 9 16 140 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
SECTION 9 16 140 Administrative Appeals.
(a) Disapproval of an ERP or WTP 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 City'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 City's Transportation Management Coordinator shall be final
45
(c) A hearing on an appeal shall be scheduled Within sixty (60)
days of the date of filing 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 Plan 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 Coordinator
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 shall be final except for
Judicial review and there shall be no appeal to the City CouncIl
SECTION 8 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 affect the provIsions of thiS Ordinance
SECTION 9 If any section, subsection, sentence, clause or phrase of thiS
Ordinance IS for any reason held to be Invalid or unconstitutional by a deCISion of any court
of any competent JUriSdiction, such a deCISion shall not affect the validity of the remaining
portions ofthls Ordinance The CIty CouncIl hereby declares that Itwould have passed thiS
46
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 10 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
47
,
UQAllt~cX21t --
Jam 0: Connor , Mayor
State of Cahforma )
County of Los Angeles ) S5
City of Santa Monica )
I, Mana M Stewart. CIty Clerk of the CIty of Santa Momca, do hereby certIfy that the
foregomg Ordmance No 1938 (CCS) had its first readmg on March 19, 1999 and was adopted
on March 23. 1999 by the followmg vote
Ayes CouncIl members
Femstem. Genser. Holbrook, McKeown, O'Connor,
Rosenstem
Noes CouncIl members
None
Abstam CouncIl members
None
Absent CouncIl members
None
"-.
ATTEST
..\..v....~~. &Q.ad~
Mana M Stewart. city Clerk