Loading...
R-8387 e e Attac:,lTient A RESOLUTION NO. 8387(CCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THE TRANSPORTATION MANAGEMENT PLAN WHEREAS, on october 23, 1984 the Santa Monica City council adopted the circulation Element of the General Plan, which directed the City to develop a Transportation System Management Plan to implement the transportat~on management pol~cles contal.ned in the Clrculation Element; and WHEREAS, Slnce adoptl.on of the Clrculation Element, the South Coast Air Quality Management District (SCAQMD), through adoption of Regulatlon XV, has requlred reduction In the number of home-to- workslte vehicle trlps and resultant air pollution for employers with 100 or more employees; and WHEREAS, the primary purposes of the Transportation Management Plan (TMP) ordlnance are to reduce transportatl.on congest1on on city streets and to improve air quality through the effective management and coordinatlon of both transportation demand and systems in the City; and 1 e e WHEREAS, the TMP ordlnance goes beyond the requirements of SCAQMD's Regulation XV program by covering employers of 10 or more employees and requlring trlp reductlon programs for both the morning and evening peak periods; and WHEREAS, a preliminary draft TMP ordinance was released to the public in March 1989 and a revised draft ordinance was released ln March 1991; and WHEREAS, the Final Environmental Impact Report concluded that the l.mplementation of the TMP ordl.nance would not result in any slgnificant environmental lmpacts and was adopted by the Clty Council on October 29, 1991; and WHEREAS, on March 20, 1991 the Planning Commission approved the TMP ordinance with recommendatlons to the city Council; and WHEREAS, the TMP ordlnance was adopted by the Santa Monica city council on November 12, 1991 after several years of study and discussion with the buslness communlty, residential neighborhood organizations, and other city, county and state jurisdictions; and WHEREAS, a Memorandum of Understanding is required between the City of Santa Monica and the South Coast Air Quality Management District to allow employers in the Clty to claim an exemption from the need to file a Regulation XV Trip Reduction Plan with SCAQMD, 2 e e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The city council of the City of Santa Monica approves the Memorandum of Understanding between the City of Santa Monica and the South Coast Alr Quality Management District (SCAQMD) allowing employers in the City to claim an exemption from the need to file a Regulation XV Trip Reduction Plan with SCAQMD. SECTION 2. The Cl.ty Councll certifies that the Memorandum of Understanding will provide employers with a mechanism to claim an exemptl.on from fl.ling a Regulation XV Plan with SCAQMD as long as the approved status of the city's Transportation Management Plan lS malntained according to the provisions of Sectlon 1 of the Memorandum of Understandlng. SECTION 3. The City Clerk shall certlfy to the adoption of thls Resolutlon, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: (4f>;.4f~.. ~'''''.n"X'../~'' h~ r ~ 'J ROBERT M. MYERS City Attorney tmp/moureso 3 e e Attach:nent B MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND CITY OF SANTA MONICA This Hemorand':n of Understanding ("MOU"), entered into this day of , 1991 by ar between the South Coast Alr Quality Manag =>nt District ("SCAC ;"), and the City of Sarta Monlca ("C=TY") i~ ~de wlth referencE ~o the following: RECITALS A. SCAQMD and the CITY wish to insure that the full intent and purpose of SCAQMD's Regulation XV will be maintained and enforced. SCAQMD also desires to support local government inl.tiatlves in adopting tr_p reduction ordinances and to minimize lTIconvenience and paperwork for t:!mployers who fall under both SCAQMD reg" - '3.tion and city regulation by providing a mechanism for employe~_ to seek an exemptlon. B. SCAQMD and the CITY wish to acknowledge that the city's I'ransportation Management Plan Ordinance \ "TMP") sacisfies the requirements of Health & Safety Code Section 40449 in that it is strlcter than the rules and re~ ~ations adopted by SCAr-~D an~ not in conflict ~herewith. C. Tl~e parcl.es wish to provide thac SCAQMD shall enforce the I'MP under the circumstances outlined below, and to deli~eate - 1 - It e enforcement responslbilities between SCAQMD and the CITY for employers and developers sUbJect to the TMP. D. The parties w1sh to provide a procedure to prevent the approved status -of the TMP from lapsing during future rnodlfications to Regulation XV or the TMP. NOW, THEREFORE, 1S mutually agreed by and between the unders1gned parties as follows: 1. APPROVAL OF TRIP REDUCTION ORDINANCE. The TMP adopted by the CITY is attached as Appendix 1 to this document. The slgnatures of the parties to this Agreement constitute approval of the TMP by SCAQMD. For purposes of this Agreement, "approved" status of the TMP signifies acknowledgment that the TMP lS an ordinance w1th respect to air pollut1on control whl.ch is str1cter than and not in conflict with the rules and regulatlons adopted by the SCAQMD within the ~eanlng of Health & Safety Code Section 40449, and that the TMP is an ordinance with trlp reduction requirements stricter than SCAQMD's Regulation XV, withln the meaning of SCAQMD'S Rule 1504 (a) . Approved status of the TMP shall be malntained unless: A. Regulation XV lS amended and the city does not adopt the amendments as outlined in Sectlon 2 of this MOU; - 2 - e e B. The TMP is amended to be less stringent than Regulation XV; C. The TMP is resclnded by the city Council; or D. Approved status of the TMP is revoked by the SCAQMD pursuant to section 4 of thi \greement. 2 . MAINTENANCE OF TMP' S APPROVED [,-"\TUS. A. If changes in Regulation XV are initiated by SCAQMD which would :~~nder the TMP less stringent than Regulation XV, the following pro~~_Jres shall apply: 1. The SCAQMD shall advise the CITY of possible amendments to its Regulation XV at the time that public hearings on such amendments are set. 2. Following adopt~on by the SCAQMD Governing Board of modifications to Regulation XV, SCAQMD shall notify the CITY in wrl ting of the nature of those modifications no later than 30 days from adoption date. 3. Upon receiving notification of adopted modif~catiom: _'Cy Council shall have 90 days in which to consider ....ve necessary modifications to the TMP if it wlshe~ ~ :ain the TMP's approved status. B. If changes in the TMP are initiated by the CITY, and ~ CITY wishes to maintal.n the TMP's approved status, the followlng procedures shall apply: - 3 - e e 1. D~scUssl.ans w~ll be in~t~ated with SCAQMD an the acceptab11ity of the proposed amendment prior to any public hearing before the Ci ty counc11 concerning the proposed amendment. 2. SCAQMD shall respond to the city within 60 days of receipt of the proposed amendment(s). If the SCAQMD fails to approve or disapprove the amendments within 180 days, the city may deem the amendments approved. 3. The city shall notify SCAQMD in writing of any amendments adopted by the city counc~l. If such amendments were previously approved under this Section 2, the approved status of the TMP will remain unchanged. c. Nothing in this Section 2 shall affect the authorl.ty of the CITY to amend the TMP without regard to whether the TMP's approved status ~s maintained. 3. RULE 1504 EXEMPTIONS. In order to streamline procedures for employers claiming exemption from the need to file a Regulation XV Trip Reduction Plan with SCAQMD, pursuant to SCAQMD's Rule 1504, the fOllowing procedures shall apply: A. The CITY shall not~fy employers subject to Regulation XV located in the CITY of the need to file an application with the Execut~ve Officer of SCAQMO to obtain exemption from the need to file a Regulatlon XV Trip Reduction - 4 - e e Plan with SCAQMD. The CITY shall mall the notifl.cation and exemption application form to employers. In the case of new employers, the notiflcation and exemption application shall be sent wlth the first not1.ficat1.on of the requ1.rement to file a work site transportation plan ("Plantl) with the CITY. Thereafter, a notlfication and exemption application form shall be mailed to employers annually along with the information packet requlred for annual Plan updates. B. The CITY shall develop the '<.empt1.on appl ication form which shall be subJect to apprr -1 by the SCAQMD. The form shall requlre employers to complete and return the form to the SCAQMD Executive Officer with1n 60 calendar days prior to the due date for SUbml$sion of the initial or biennial plan to SCAQMD, as required by SCAQMD Rule 1504. C. As long as the approved status of the TMP is 7lalnta1.ned according to the prov1.sions of section 1 of this Agreement, SCAQMD shall grant initial exempt10n from the requirement to submit a plan to the Executive Officer pursuant to Regulation XV to all regulated employers who follow the procedures of this Section 3. D. Each employer shall be requ1red to submit an annual exemption application form to the Executive Officer of the SCAQMD, in order to maintaln an exemption from the requ1rement to subrn1t a plan to the Executive Officer pursuant to Regulation xv. - 5 - e e 4. AGREEMENT ON PLAN/UPDATE EVALUATION. SCAQMD shall share information w~th CITY staff on current methods and criteria for reviewing plans, including any standards or yardsticks used in plan/update evaluation. CITY staff shall not approve updates from employers who have failed to improve their AVR to meet SCAQMD required target AVR, unless update modifications are made to the Plan which, in the opinion of CITY staff, constitute a good faith effort to meet target AVR. Employers meeting their Av"R goals shall submit updates which maintain such goals. Consistency between the CITY and SCAQMD plan review process and criter~a will be evaluated by SCAQMD during annual performance evaluations of the TMP. In the event that SCAQMD finds the CITY's plan review process and evaluation criteria are less rlgorous than those of SCAQMD, SCAQMD shall give CITY notice of the discrepancy, spec.lfYlng the manner in which the plan reV1ew process and evaluation criteria are less rigorous than those of the SCAQMD. CITY shall have 90 days to cure such defect. If SCAQMD finds that such discrepancies have not been cured wi thin such 90 days, SCAQMD reserves the right to revoke the approved status of the TMP. - 6 - e e 5. ENFORCEMENT OF REGULATION XV ITMP ORDINANCE. A. Except as provl.ded In section 5C below, the CITY shall enforce the 7MP ordl.nance with respec- to employers within the city. The CITY shall, however, report to SCAQMD any vlolations of the TMP by, or enforcement act~, :IDS taken against employers with 100 or more employees a-.:. a single work site, within a reasonable time of the violation or enforcement action. B. SCAQMD shall enforce Regulation XV against any County, state or Federal agency with offices i~ the City of Santa Mon~ca, and the TMP agalnst the City. SCAQMD shall make copies of the Regulation XV plans subm1tted by such County I State, or Federal agencles, to the city of Santa Monica for 1nformational purposes. The Cl ty of Santa Monica shall subml tits TMP Plan dl.rectly to the SCAQMD. c. Pursuant to Health & Safety Code section 40449, SCAQMD retains the authorlty to enforce the TMP agal.nst any employers in the City, lf SCAQMD finds that the City is not enforclng the Ordinance. SCAQMD shall give the city notice of ~ts lntent to enforce, and the city shall have 30 days 1n which to cure any defects In its enforcement prior to SCAQMD enforcement. In the event SCAQMD undertakes enforcement action, SCAQMD shall notify the CITY of planned or unplanned employer audits or compllance inspections at least 24 hours in advance of such action to allow CITY auditors to be present if they so wish. CITY staff and SCAQMD staff shall share information from audit - 7 - e e reports and shall agree on the criteria by which to determine non-compliance with the TMP. 6. ANNUAL PERFORMANCE REPORTS TO SCAQMD. For employers with 100 or more employees at a single work site, the CITY shall computerize all Plan or update data so that information will be easily accessible to SCAQMD for analysis, evaluation, and progress reporting. Information to be collected includes em.ployer's location, AVR, incentives, and budget. SCAQMD shall use the plan/update data base to help evaluate the effectiveness, cost and benefits of different types of incentives. SCAQMD shall share the results with the city, which shall use such information in helping advise employers in the CITY on how best to meet the requirements of the TMP. 7. EMPLOYERS FILING MULTI JURISDICTIONAL PLANS. Employers in the CITY with multiple sites throughout the South Coast Air Basin shall not be exempt from the TMP. Such employers must comply with TMP requirements~ 8 . FORM OF MATERIALS. To insure un2form2ty and validity in making performance comparisons and evaluating effectiveness of trip reduction plans at the local and regional levels, all TMP materials and forms - 8 - e e used by the CITY must be prepared In consultation with SCAQMD to ensure compatibility with those materials used by SCAQMD. 9. TRAINING COURSES. The tra~n~ng of employer transportation coordinators or transportation management coordinators must be conducted by SCAQMD-approved training organ1zations. 10 . AMENDMENTS. Any amendments or addit10ns to this document must be in Wrl.t1ng signed by both parties. CITY OF SANTA MONICA By JOHN JALILI C1ty Manager APPROVED AS TO FORM: ROBERT M. MYERS C.lty Attorney SOUTH COAST AIR QUALITY MGT. DIST. GOVERNING BOARD By Chairman APPROVED AS TO FORM: PETER M. GREENWALD D.lstrJ.ct Counsel - 9 - e e Adopted and approved th~s 14th day of April, 1992. -~~ 1 - /-.... L c r 1( -, ,)\ ,- "! -oa. - . 5~ -4- ~....../ ~ -. 90..-'-~ . Mayor ,#> I hereby certify that the foregoing Resolution No. 8387(CCS) was duly adopted by the city council of the city of Santa Monica at a reeetlng thereof held on April 14, 1992 by the followl.ng Councll vote: Ayes: councilmembers: Abdo, Genser, Holbrook, Katz, Olsen, vazquez, Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: / //e ~~6- 6/~ ---- - city Clerk~--