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~--