O1983
f \atty\mum\laws\barry\tmpchngb-1 wpd
City Council Meetmg 8-8-00
Santa Monica, California
ORDINANCE NUMBER 1983 (CCS)
(CIty Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S TRANSPORTATION MANAGEMENT PLAN
ORDINANCE, SANTA MONICA MUNICIPAL CODE CHAPTER 9.16,
TO REFLECT CHANGES IN SOUTH COAST AIR QUALITY
MANAGEMENT D.STRICT REGULATIONS AND
CLARIFY 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 March 1999; and
WHEREAS, the proposed changes to the TMP are necessary to reflect changes in
regulations adopted by the South Coast Air Quality Management Dlstnct ("SCAQMDlJ);
and
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WHEREAS, these changes are required by the Memorandum of UnderstandIng
(MOU) between the CIty and SCAQMD which mandates that the CIty's TMP requirements
be at least as stnngent as those adopted by SCAQMD,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS
SECTION 1 Section 9 16 030 of the Santa Momca Municipal Code IS hereby
amended to read as follows
SECTION 9 16030 Definitions. The following words and phrases
shall have the following meanmgs when used In thiS Chapter'
Audit A selective Inspection by the City of an employer's activities
related to the fulfillment of ongomg ImplementatIon and momtonng of an
approved Emission Reduction Plan
Average Vehicle Ridership (AVR). The total number of employees
who report to or leave the worksite or another Job-related activity dunng the
peak periods divided by the number of vehIcles driven by these employees
over that five-day penod The AVR calculation requires that the five-day
penod must represent the five days dunng which the majority of employees
are scheduled to arnve at the workslte The hours and days chosen must be
consecutIve The averaging penod cannot contain a holiday and shall
represent a normal SItuatIon so that a projectIon of the average vehIcle
ndershlp dUring the year IS obtained,
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An example of morning A VR using a weekly averaging penod for an
employer wIth 300 employees al/ reporting to work weekdays betw"een 6 00
a m and 10 00 a m. IS
Employees reporting to work
Monday 300
Tuesday 300
VVednesday 300
Thursday 300
Fnday 300
Total 1500
Number of vehicles dnven to the workslte by these employees:
Monday 270
Tuesday 250
VVednesday 280
Thursday 265
Fnday 262
Total 1327
In this example, AVR IS arnved at by dividing the number of
employees reporting to work between 6 00 a m and 10 00 a.m dunng the
week (1500) by the number of vehicles dnven to the workslte between the
same hours dunng the week (1327)
1500 = 1 13 AVR
1327
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A sImilar calculatIon IS reqUIred for obtaIning the afternoon peak
penod A VR for commute tnps 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 A VR target for worksltes In Santa
Monica IS 1 5 A VR.
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 (Le ,600 a m -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
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
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
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days (3/36), forty hours In four days (4/40), or eighty hours In nine days
(9/80 )
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 non-
residential development project that Will result m ten (10) or more peak
penod tnps
Disabled Employee. An mdlvidual 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 mtended to reduce
emiSSIons related to employee commutes and to meet a workslte specific
emiSSion reductlon 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 Plannmg and Community
Development, and an at-large member apPointed by the City Council The
TransportatIon Plannmg Manager and the DIrector of Planmng 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
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emissions required to be reduced based on the number of employees per
workslte 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 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 appropnate training as approved by the City who is responsible
for the development, Implementation and momtonng of the Employee Tnp
Reduction Plan The ETG must be at the workslte a minimum of fifteen
hours per week or have a certified On-site Coordinator at the worksite a
minimum of fifteen hou rs per week All workslte-related Information must be
kept attheworkslte Employee Transportation Coordinators shall participate
In City-sponsored workshops and information roundtables.
Employee Trip Reduction Plan (ETRP). A plan for Implementation
of strategies that are designed to reduce employee commute tnps dunng the
A VR Windows.
Employer. Any publIC or private employer, includmg 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
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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 In the A VR, but shall count as part of employee population
when figunng 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 describe prevailing and projected
traffic conditions on a roadway and IS expressed by delay and the ratio of
volume/capacity (V/C) SIX levels of service are deSignated "A" through "F "
"A" 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
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"low-income" If the employee demonstrates that the plan dIsincentive would
create a substantial economic burden
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
Multi-Tenant 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 worksite located m the CIty of Santa MOniCa.
Parking Cash-Out. Assembly Bill 21 09 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 parkmg 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
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part-time basIs fewer than 32 hours per week, but more than 4 hours per
week. These employees shall be Included In the AVR calculations of the
employer provided the employees report to or leave the workslte dUring the
A VR wmdow.
Peak Period. I n the mornmg, the peak period Includes the hours from
6.00 a m to 10 00 a m In the evening, the peak penod mcludes the hours
from 3 00 p.m to 7'00 p m
Peak Period Trip. An employee's commute trip that begins or ends
at the workslte or a work related tnp Within the peak penod.
Pedestrian Oriented Use. A use which is intended to encourage
walk-m 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 Target Zone. A geographIc area that determines the
employee emISSion reduction factor for a particular worksite Santa Monica
IS located m 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-
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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 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 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 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 figunng the Employer
Annual I mpact Fee
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Temporary Employer. Any employer who "leases" an employee
from an employment servrce, 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 Dlstnct and the City of Santa Momca'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 ("TOM'"). The
Implementation of strategies that will encourage individuals to either change
theIr mode of travel to other than a single occupancy vehicle, reduce tnp
length, eliminate the tnp altogether, or commute at other than peak penods.
Transportation Facility Development ('"TFD"). 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 ('"TMA'"). A grou p formed
so that employers, employees, and developers can collectively address
communIty transportation related problems. Transportation Management
Associations may be formed to Implement TDM, TSM, and/or TFD strategies
In employment clusters or at multi-tenant worksltes 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 orgamzation such as a TMA should be
formed
Transportation System Management C'TSM"). Strategies designed
to Improve traffic flow through modifications In, or coordination of, the
operation of eXisting faCIlities
Trip Reduction. The reduction In Single occupant vehicle trips by
private or public sector programs used dUring peak periods of commuting
Vanpool. A van or Similar motor vehicle in which 7 or more persons
commute to and from the worksite
Vehicle. A passenger car or truck used for commute purposes
Including any motonzed two wheeled vehicle Vehicles shall not include
bicycles, transit vehicles, buses servmg multiple worksites, or vehicles that
stop only to load or unload passengers or matenals at a workslte while on
route to other worksltes
Work Place or Worksite. A bUilding, part of a building, or grouping
of bUildings located Within the City which are In actual phYSical contact or
separated solely by a private or public roadway, and are owned or operated
by the same employer. Employers may opt to treat more than one structure,
bUilding, or grouping of bUlldmgs 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 ("WTP") A plan for implementation
of marketing strategies designed to provide employees with Information
about alternative commute options required by employers of 10-49
employees
Zero Emission Vehicle (ZEV) A motor vehicle, as certified by the
California Air Resources Board (CARB), which emits no tall pipe pollutants.
Currently. the only vehicle that meets the ZEV standard IS the electnc
vehicle
SECTION 2. Section 9 16.050 of the Santa Monica Mumcipal 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
(1) Employers of 50 or more employees filing Employee Trip
ReductIon Plans (ETRPs) and employers of 1 0-49 employees tiling Workslta
Transportation Plans (WTPs) shall pay an annual transportation fee
calculated uSing the follOWing formula Fee = (Number of Employees) x
(Employee Cost Factor) The current employee cost factor equals:
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(A) $7 00 per employee for employers with 50 or more employees.
(B) $900 per employees for employers with 10 - 49 employees
The employee cost factor shall from tIme to time be amended by resolution
of the City CouncIl.
(2) The Annual Transportation Fee for employers of fifty or more
employees who choose to Implement the EmiSSion Reductions Options
descnbed In Section 9 16 070 (a) - (c) 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 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 pnor to the due date
(5) Once the Employer Annual TransportatIon Fee reqUired
pursuant to thIS Sect/on has been paId, there shall be no refunds.
(6) Employers of fifty employees or more who Implement an
Employee Tnp Reduction Plan and demonstrate attainment of a 1 5 a m and
p m A VR shall receive the following reductions in their Employer Annual
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Transportation Fees.
(A) Attainment of a 1 50 a m and p.m. AVR for one year shall
result In a 40% reduction of Employer Annual Transportation Fees.
(B) Attainment of a 1.50 a m and pm. AVR for two consecutive
years shall result In a 50% reduction of Employer Annual Transportation
Fees
(C) Attainment of a 1.50 a m. and p m A VR 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 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 costs of providing transportation faCIlities and services
associated with new commercial development
(1) Developers who apply for bUilding permits for new or expanded
development projects In the City shall mitigate their resultant transportation
by paymg a one-time transportation Impact fee The amou nt of the fee and
manner of payment shall be established and from time to time amended by
resolution of the City Council
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(2) Fees shall apply to developers who have not received
certificates of occupancy as of the effectIve date of the resolution
establishing the fees
(3) Developers shall pay the required fee prior to issuance of a
bUilding permit Developers who have already obtained bUilding permits
must pay the required fee prior to Issuance of a certificate of occupancy.
(4) The following land uses are encouraged by the City because
of their benefiCial Impacts and shall receive reductions from the Developer
Impact Fee supermarkets and pedestnan oriented uses on the ground floor
of a multi-story buildmg Both the Impact 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 venflcatlon that construction of the Improvements for which the permit
was issued have not commenced and no extensions of the bUilding have
been granted No mterest shall be paid on any refunded fee
SECTION 3. Section 9 16.070 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 nmety days of notification, an Emission Reduction Plan designed
to reduce emissions related to employee commute trips and to meet specific
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emissions reductIon targets specified for the subsequent year The annual
Emission Reduction Target (ERT) shall be determmed according to the
following equation for VOC, NOx, and CO, based on employee emiSSIon
reduction factors specified In paragraph (fl) of this Section Any employer
who falls under the purview of Assembly Bill 21 09 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 trip
emiSSion credit}
Where
Employee ;;;; Average dally number of employees
reportmg to work In the window
Employee EmiSSion
Reduction Factor ;;;; Determmed by the year of the plan
submittal as defined In Paragraph (I) of
thiS Section
Vehicle Trip
EmiSSion Credits ;;;; Determined according to paragraph (i) of
thiS Section
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Each employer shall choose one or more of the follOWing options In
implementing their EmiSSIons Reduction Plan
Old Vehicle Scrapping
Remote Sensmg
Other Work-Related Tnp ReductIons
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 indicating 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 of the ERP by the City's Transportation
Management Coordmator
(4) Employers chOOSing thIS optIon must do so for a minimum
penod of three years
(b) Remote Sensing. Any employer of fifty or more employees
may Implement a Remote Sensing Program to earn credit towards their
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emission reduction target Emission reductions obtained from the
Implementation of remote sensing shall be determined according to the
following equation
[emisSion reductions In Ibs per year] =
[{pre-repair emiSSion rate In Ibs per mile} -
{post-repair emiSSion rate In Ibs per mile}] x [miles traveled]
When
Pre-Repair
=
Measured Emission rate prior to work
Measured emission rate immediately
following repaIr work
Number of miles traveled followmg repair
work until the next regularly scheduled
Callforma 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
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Post-Repair
=
Miles Traveled
=
(D) The number of miles traveled for each vehicle followmg repair
work until the next regularly scheduled Callforma InspectIon Maintenance
Smog Check
(E) Calculations Indicating the Emission Reduction Target has been met.
(c) Other Work-Related Trip Reductions. Employers of fifty 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 mornmg and evenmg peak wmdows,
VTEC obtained from work-related trip reductions shall be determined
accordmg to the following equation
VTEC = [CTR] x [EF]
[CF]
Where'
CTR (Creditable Trip Reductions) = The daily average of one~
way trip reductions that are real,
surplus, and quantifiable A round
tnp IS considered to be two
one-way tnps.
CF (Conversion Factor)
= 23 for non-peak tnps
EF (EmissIon Factor)
= EmIssIon Factor in
paragraph (i) of thiS
Section
Employers must submit an annual report to the City'S Transportation
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Management Coordinator Indlcatmg the number of commute-related non-
peak tnps reduced and the amount of emiSSIons reduced.
(d) 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 wlthm three years and contmued achievement and
maintenance of the A VR targets thereafter. The ETRP shall be In a form
approved by the Transportation Management Coordmator. 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 evenmg AVR Windows
(2) The ETRP shall consist of a report that:
(A) Calculates and docu ments A VR levels for morning and evening
peak penods
(8) Lists plan incentives and a schedule for their Implementation.
(C) Determmes a marketmg strategy for the plan year
(D) Determines the use of workslte parkmg 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 ofthe worksite
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(F) lists the public transit services within 1/4 mile of the workslte.
(G) ProvIdes a general descnption of the type of business.
(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 dunng Rideshare
Week or other "event" weeks (I e, BIcycle Week, Walk to Work Week,
TranSit Week, atc) 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 pm I inclusive
Employers that achieve a 90% or better survey response rate for the a m or
p m Window may count the "no-survey responses" as "other" when
calculattng their A VR.
(J) Provides the name and proof of certification of the Employee
Transportation Coordmator who IS responsible for Implementation and
monItoring of the plan.
(K) ProvIdes the name of the On-Site Coordinator (If different from
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the ETC) for each site who is responsible for Implementation and momtorlng
of the plan
(L) Identifies the objectives of the plan and provides an explanatIon
of why the plan is likely to achieve the AVR target levels
(M) Includes a Parking Cash-Out Plan If required
(N) Includes a management commitment cover letter signed by the
highest rankmg offiCial on site, or the executIve responsible for allocating the
resources necessary to Implement the plan, which includes a descnptlon 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 Trip Reduction Plan shall include the following:
(A) AVR calculations and documentation for the plan year
(8) Lists plan Incentives, changes to plan Incentives, and a
schedule for their Implementation
(C) Determines a marketing strategy, mdicatmg changes from the
prevIous plan year
(D) Determines the use of workslte parkmg faCIlities to achieve
ndeshare and transit objectives (I e , number of spaces for carpools and
vanpools, atc )
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(E) Lists the bicycle paths and routes within 'Y:z mile of the workslte
(F) lists public transit services Within 1/4 mile of the worksite
(G) Provides a description of the general type of business.
(H) Includes a sample ofthe 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 momtorlng 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 momtonng
of the plan
(K) Idenll'fies the objectives ofthe plan and provides an explanation
of why the plan IS likely to achieve the A VR 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 indicates that the goals of the previously approved ETRP have not
been met
(4) The procedure for calculating A VR 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
24
(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
leaving the workslte dUring the peak periods. All employees who report to
or leave the worksite that are not accounted for by the employee survey shall
be calculated as one employee per vehicle arriving at or leaVing the workslte
Employees walking, bicycling, telecommuting, uSing public transit, arriving
at the workslte 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 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/vanpool if the child or student travels In
the car/van to a worksite or school/chlldcare facIlity for the maJonty (at least
51 %) of the total commute
(0) 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 number 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, eliminating the tnp to work or
25
reducing the total travel distance by at least 51 % shall be calculated as if the
employee arrived at the workslte In no vehicle.
(G) Zero EmiSSion Vehicles (electnc vehicles) shall be calculated
as zero vehicles arnvlng at the workslte
(5) Employers must keep detailed records of the documents which
venfy the Average Vehicle Ridership calculation for a penod of two years
from plan approval date Records which verify strategies In the ETRP have
been marketed and Implemented shall be kept for a penod 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
FaIlure to maintain records, or falSification of records Will be deemed a
Violation of thiS Chapter
(e) Minimum Requirements. Employers Implementing options (a),
(b), or (c) as defmed 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)(I) In order to receive Commute Tnp Reduction
CredIts (CTRCs) for employees who rrdeshare to and from the works/te.
(A) Failure to survey employees shall result In a default A VR of 1 O.
(8) In conducting the survey, employers must choose either the
a m Window (6.00 a m to 10 00 am) orthe p.m. window (300 p.rn to 700
26
pm) dependmg on which wmdow reflects the time penod when the majority
of employee trips occur
(2) Marketing Plan. Employers shall include a marketing plan to
educate employers about alternative commute options by making information
available to employees
Information shall be posted at the workslte, or dlstnbuted to each
employee at the workslte
(3) Information shall be updated annually
(f) Extensions. In the event that an employer reasonably needs
more trme to submit an Emission Reduction Plan, a wntten request for
extension may be filed With the City's Transportation Management
Coordinator All requests must be received by the City TMP Office no later
than fifteen calendar days pnor to plan due date Such requests must be
made In wntlng and shall state why such extension is requested, what
progress has been made toward developmg the ERP, and for what length
of time the extension IS sought The City'S Transportation Management
Coord Inator shall notify the employer In writing whether or not the extension
has been granted wrthm fifteen calendar days of receipt of a wntten request
for extension.
(1) An employer may request an extension up to sIxty days forthe
Inltral submittal of a plan
(2) An employer may request an extension of up to thirty days to
complete a revised plan
27
(3) An employer may, upon receipt of a written objection to the
terms of the proposed plan by an employee, employee representative or
employee organization, request a single extension for thirty 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
(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
(g) Plan Revisions. An approved ERP may be revised between
plan submittal dates by submitting a plan revIsion In writing to the City's
Transportation Management Coordinator. Any changes to an approved plan
which IS In effect must be submitted In writing to the Transportation
Management Coordinator. The reviSion shall not be effective until approved
by the Transportation Management Coordinator In wntlng.
(1) If the Transportation Management Coord inator determines that
the ERP marketing strategy IS not being carried out to the fullest extent, the
Transportation Management Coordinator may require the employer to 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
28
notlce In which to submit amendments to the Transportatlon Management
Coordmator Employers fallmg to submit the amendments shall have their
ERP disapproved
(3) The Transportation Management Coordmator shall not approve
any plan or plan reviSions If the employer, an employee, an employee
representative or organization requests, In wntlng, Within ten calendar days
of plan submittal, that the Transportation Management Coordmator delay
such action for a penod 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 concu rrently submit wntten comments to the City'S Transportation
Management Coordmator and the employer settmg forth the obJectlon(s)
Upon receIving such a request, the Transportation Management Coordinator
shall mamtaln neutrality With respect to any negotiatIons regardmg the ERP.
Nothing m 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, or employee organization submIts mformation demonstrating
that'
(A) The plan includes strategies, such as parking charges; and
(8) Such strategIes would create a wIdespread substantIal
disproportionate impact on mlnontles, women, low-mcome or disabled
employees A plan shall not be disapproved pursuant to this subdiVISIon If
It Includes proVISions as are necessary to ensure reasonable opportumty for
29
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 wntlng 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 final 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
Management Coordinator which shall be designed to achieve an A VR
eqUivalent to the preVIously approved plan
(h) 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
30
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 Transportatlon Management
Coordinator with proof oftraining no later than 12 weeks after the beginning
of the absence.
(3) ETCs are not required to attend yearly update tramlng.
(4) On-Site Coordinators are not required to be certified provided
the ETC or Consultant ETC IS certified and wntes and administers the ERP.
(I) Emission Reduction Factors. The follOWing emission factors
shall be used In calculations pursuant to thiS rule
(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 VQC NOx CO
1998 5.84 442 45.14
1999 512 4.11 4001
2000 440 380 35.19
2001 410 3.39 32.83
(2) The follOWing default emiSSion factors (pounds per year per
dally commute vehIcle) may be used in determIning vehIcle trip emiSSion
cred ItS
31
EmiSSIon Year
VOC
17
15
13
12
NOx
13
12
11
10
1998
1999
2000
2001
CO
132
117
103
96
SECTION 4. Any provision of the Santa MOnica Municipal Code or appendices
thereto inconsistent with the provIsIons of thIS Ordinance, to the extent of such
inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the provIsions of thiS Ordmance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of thiS
Ordmance is for any reason held to be mvalld or unconstitutional by a decIsion of any court
of competent JUrisdiction, such decIsion shall not affect the validity of the remaming
portions of this Ordinance The City Council hereby declares that itwould 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 ordmance
would be subsequently declared Invalid or unconstitutional.
32
SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance The City Clerk shall cause the same to be published once m the official
newspaper wlthm 15 days after its adoption This Ordinance shall become effective 30
days from Its adoption.
APPROVED AS TO FORM
fIA . J nlflL
# !LA J ~1L0 f fJ/-t-J..A...-
MARSHA JON€$ MOUTRIE
City Attorney
33
Ken Genser, MaYO~
Adopted and approved this 8th day of August, 2000
State of California )
County of Los Angeles) ss
City of Santa Monica )
I, Mana M. Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the
foregoing Ordinance No 1983 (CCS) had It'S mtroductlon on July 25,2000, and was
adopted at the Santa Momca City Council meettng held on August 8, 2000, by the
folloWing vote
Ayes'
Council members Holbrook, Rosenstein, McKeown, Feinstein, Bloom,
Mayor Pro Tern O'Connor, Mayor Genser
Noes'
Council members None
Abstain" Council members. None
Absent. Council members None
ATTEST
-- \~\0
r-........ ,.,
~~ n.-,v'-
\
Mana M Stewart, CitY-Clerk