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city council Meeting 2/14/95 Santa Monica, California
FEB 1 4 1995
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING VARIOUS SECTIONS OF CHAPTER 9.16 OF THE
MUNICIPAL CODE RELATED TO TRANSPORTATION MANAGEMENT
INTRODUCTION
At lts meeting on February 7, 1995, the City Council introduced for
first reading an ordinance of the Clty Council of the city of
Santa Monica amending various sections of Chapter 9.16 of the
Munlcipal Code related to transportation management. The ordinance
1S now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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city council Meeting 2-14-95 Santa Monica, Californla
ORDINANCE NUMBER 1787 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS
SECTIONS OF CHAPTER 9.16 OF THE MUNICIPAL CODE
RELATED TO TRANSPORTATION MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION l. section 9.16.020 of the Santa Monica Municipal
Code is amended to read as follows:
9.16.020 purpose ana objectives.
The purpose and objectives of this Chapter are to
establish a transportatlon management plan that will:
( a) Allow for any growth permitted by the land use
plans of the city while minimizing peak-hour automobile
commute trips from new and existing places of employment.
(b) Reduce traffic impacts within the community and
reglon through a reductlon ln the number of vehicular
trips and total vehicle miles traveled.
( c) Reduce the vehicular air pollutant emisslons,
energy usage, and ambient noise levels through a
reduction in the number of vehicular trips, total vehicle
miles traveled, and traffic congestion.
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(d) Ensure City compliance with South Coast Air
Quality Management District Rule 1501, and require
employers both to meet Rule 1501 air quality targets and
to achieve city traffic objectlves.
(e) Achieve a commuter Average Vehicle Ridership of
1. 50 within one year for employers of one hundred
employees or more.
(f) Achieve city-wide commuter Average Vehicle
Ridership of 1.50 within three years.
(g) Maintain levels of serVlce on streets and
intersections during peak-hours at or below capacity for
as long a period of time as feasible.
(h) Prevent levels of service on streets and
intersections that have not reached Level of Service "E"
during peak-hours from reaching that level.
(i) Improve levels of service on streets and
intersections that have already reached Level of Service
liEU durlng peak-hours.
(j) Minimize the percentage of employees traveling
to and from work at the same time and during peak hour
periods in single occupant vehicles.
(k) Assist in attainment of the requirements of the
Federal Clean Air Act.
( 1) Implement several air quality control measures
required of local governments by the 1991 Air Quality
Management Plan adopted by the South Coast Air Quality
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Management District and subsequent updates.
(m) Promote and increase work-related transit use,
ridesharing, walking and bicycling to minimize parking
needs and to protect critical intersections from severe
overload.
(n) Decrease the government cost of transportation
and parking facility construction and improvements.
(0) Maximize the use of commute modes other than
the single-occupancy vehicle through Transportation
Systems Management, Transportation Demand Management, and
Transportat1on Facilities Development.
SECTION 2. Section 9.16.030 of the Santa Monica Municipal
Code is amended to read as follows:
9.16.030 Definitions.
The following words or phrases shall have the
following meanings when used in this Chapter:
Audit. A selective inspection by the City of an
employer's activities related to the fulfillment of
ongoing implementation and monitoring of an approved
Worksite Transportation Plan.
Average Vehicle Ridership (AVR). The total number of
employees who report to or leave the worksite 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 AVR calculation requires that
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the five-day period must represent the five days during
which the majority of employees are scheduled to arrive
at the worksite. The hours and days chosen must be
consecutive. The averaging period cannot contain a
holiday and shall represent a-normal situation so that
a projection of the average vehicle ridership during the
year is obtained.
An example of calculating morning AVR using a weekly
averaging period for an employer with 300 employees all
reporting to work weekdays between six a.m. and ten
a.m. is:
Employees reporting to work:
Monday 300
Tuesday 300
Wednesday 300
Thursday 300
Friday 300
Total 1500
Number of vehicles driven to the worksite by these
employees:
Monday 270
Tuesday 250
Wednesday 280
Thursday 265
Friday 262
To'tal 1327
In this example, AVR is arrived at by dividing the
number of employees reporting to work between six a.m.
and ten a.m. during the week (one thousand five hundred)
by the number of vehicles driven to the worksite between
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the same hours during the week (one thousand three
hundred twenty-seven) :
1500 == 1.13 AVR
1327
A similar calculation is required for obtaining the
afternoon peak period AVR for commute trips to and from
the worksite between three p.m. and seven p.m. This
example does not include credits for telecommuting, clean
fuel vehicles, or compressed work weeks. However, credits
will be given for these measures in calculating actual
AVR as indicated in the Employer Handbook. Employers of
individuals utilizing a guaranteed ride home service will
not be penalized in the AVR calculation.
AVR Calculation. The numerical method used to
determine the worksite's AVR.
AVR Gap. The different between an employer's current
AVR and the AVR target.
AVR Target. The AVR that a Worksite Transportation
Plan is designed to achieve for a particular worksite.
The AVR target for worksites in Santa Monica (Source
Receptor Area 2) is 1. 5 AVR.
AVR Verification Method. A method for determining an
employer's current AVR, el.ther before a Worksite
Transportation Plan J.s initially submitted or after
implementation of a worksite transportation plan.
AVR window. The period of time comprised of both
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hours and days used to calculate AVR (Le. six a.m. to
ten a.m. and three p.m.-seven p.m.).
BUSpool/Shuttle Bus. A vehicle carrying sixteen or
more passengers commuting on a regular basis to and from
work with a fixed route, according to a fixed schedule.
Carpool. A motor vehicle occupied by two or more
persons, including children and students, traveling
together to and from the worksite or school/childcare
facility located within one mile of the worksite.
Children/students. ch~ldren/students riding in a
carpool or vanpool count as carpool/vanpool passengers
if the employee(s) drop them off at a school or childcare
facility within a one mile radius from the worksite, or
if the employee(s) travels with the ch~ld/student to the
worksite. Children count as carpool/vanpool passengers
at the rat10 of one child per one working adult.
Clean Fuel Vehicle or LOW Emission Vehicle (LEV). A
motor vehicle capable of operating on liquid petroleum
gas (LPG) , methanol (M85) , compressed natural gas (CNG)
or electricity (EV), and certified by the California Air
Resources Board (CARB) as an LEV.
Commute Trip. A home-to-work or work-to-home trip.
compliance Inspection. An unannounced inspection by
the city, the south Coast Air Quality Management
District, or its agent of an employer's activities
related to the fulfillment of ongoing implementation and
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monitoring of an approved Worksite Transportation 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 or
ten, eight-hour workdays in two weeks, are scheduled in
a manner vrhich reduces vehicle trips to the worksite. The
recognized compressed work week schedules for purposes of
Chapter 9.16 of this Code are thirty-six hours in three
days, forty hours in four days or eighty hours in nine
days.
Consultant ETC. A person that meets the requirements
of and that serves as a senior ETC or 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 which vrill result
in ten or more peak perlod trips.
Disabled Employee. An individual with a physical or
mental lmpairment which prevents the individual from
complying with the employer's Worksite Transportation
Plan or traveling to work by a means other than a
single-occupant vehicle.
Employee. Any person employed by a person(s), firm,
business, educational institution, nonprofit agency or
corporation, government agency or other entity who
reports to work at a single worksite for six months or
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more, excluding paid resident students working on a
school campus. Temporary and part-t1me employees shall be
treated as defined.
Employee Transportation Coordinator. An employee,
tenant, property owner, property manager, contracted
service, or representative of an employer association,
with appropriate training as approved by the city and the
South Coast Air Quality Management District, whose
function is to promote TMP program activities. The ETC
must be at the worksite a minimum of fifteen hours per
week or have a certified On-Site Coordinator at the
worksite a minimum of fifteen hours per week. All
works1te-related information must be kept at the
worksite. Employee Transportation Coordinators shall be
responsible for day-to-day implementation of Worksite
Transportation Plans. Employee Transportation
Coordinators shall prepare and make available rideshare
lnformation, notices, questionnaires, handouts, computer
matches, transit and bicycle route maps, and shall have
a permanent mailing address, daytime telephone number
and office. Employee Transportation Coordinators shall
administer incentive programs included within Worksite
Transportation Plans, such as rideshare matching, vanpool
brokerage, transit token or pass distribution, parking
fees and transportation allowances. Employee
Transportation Coordinators shall attend yearly update
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training sessions as approved by the city and the SCAQMD.
Employee Transportation Coordinators shall participate in
City-sponsored workshops and information roundtables.
Employer. Any public or private employer, including
the City of Santa Monica, having a permanent place of
business in the City and employing ten or more employees.
Guaranteed Ride Home. Transportat10n provided by the
employer for employees who rideshare in the event
employees cannot rideshare home because of unforeseen
overtime requirements or other emergency circumstances.
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 IC) . Six levels of service are
designated "A" through "F. tI nAil describes a free flowing
condition and "F" describes forced traffic flow
conditions with severe capac1ty deficiencies and delays.
This definition is based on the Highway Capacity Manual,
Transportation Research Board SR 209 (1985) .
Low Inoome 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
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substantial economic burden.
Mitigation Measures. Those actions (e.g. ,
Transportation systems Management, Transportation Demand
Management, and Transportation Facility Development)
which are taken to reduce traffic impacts.
Monitoring. The techniques used to assess progress
towards complying with the transportation management
plan.
Multi-site Employer. Any employer which has more
than one worksite within the City of Santa Monica, or
more than one worksite in the South 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 worksite where more than one employer
conducts a business.
Noncommutinq Credit. Employees who arrive at the
worksite during the AVR window and remain at the worksite
or leave the City's jurisdiction for one or more days to
complete work assignments. AVR credit is allowed for
employees who generate no worktrips associated from
arriving at or leaving the worksite because the employee
has remained at the worksite or is no longer within the
district's jur1sdiction for one day or more.
On-Site Coordinator. An employee, with appropriate
training, provided by a training provider recognized by
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provide adequate and accessible areas for the storage and
collection of refuse and recyclable materials.
(e) Drainage: All drainage from the ADP Property
must drain to the one or more of the public streets bounding
the ADP Property or directly into a public storm drainage
system ln a manner approved by the Department of General
Services. No surface drainage may be discharged onto
abutting properties.
( f) projections: Any item permitted by the
City's Zoning Code, as it may exist from time to time, to
project into any required yard shall be permitted to project
into the required setbacks set forth in Section 9(d) of the
Development Agreement and the required "Building Volume
Envelope" standards of Section 9(e) of the Development
Agreement. All such projections shall be ignored in
determining compliance with Sectlon 9(c} of the Development
Agreement. As of the date of this Second Amendment, those
permitted projections are set forth in Section
9.04.10.01.180 of the Municipal Code.
(g) Solar Energy Design Standards: This Sectlon
lS intended to incorporate, to the extent feaslble, passive
heating and cooling opportunitles lnto the design or
modifications of residential developments. This Section is
further designed to assure that solar energy systems in
residential, commercial, and industrial area conform in
appearance to the surrounding neighborhood. The following
standards shall apply to the design of all solar energy
systems:
( a) Roof-mounted solar collectors shall be
placed in the location least visible from a public
rlght-of-way without reducing the operating efficiency
of the collectors. Wall-mounted and ground-mounted
solar collectors shall be screened from public view.
( b) When feasible, collectors shall be integrated
into the design of the building. Structural support
for the collectors shall be screened in a manner that
is compatible with the design of the bUllding.
(C) Appurtenant equipment, particularly plumbing
and related fixtures, shall be installed in an attic or
basement, where feasible.
( d) Large accessory fixtures which must be
exposed (e.g., storage tanks) shall be screened where
possible through architectural features that harmonize
with other design elements of the structure.
(e) Storage tanks shall not be located in any
required front or side yards nor shall they be visible
from any public right-of-way.
20709073--2/8/95
a reduced cost and/or in a location more convenient to a
place of employment than parking spaces provided for
single occupant vehicles.
Ridesharing. Any mode of transportation other than
a single occupancy vehicle which transports one or more
persons to a worksite.
Satellite Work Center. A worksite other than the
regular worksite which results in a commute reduction for
the employee of at least 50 percent of the one-way
commute distance for the entire work day.
senior ETC. An employee who has a current
certification as a ETC, is responsible for the
development, implementation, monitoring and marketing of
WTP's for single or multiple sites, and is responsible
for on-site coordinators.
South Coast Air Quality Management District
(SCAQHD) . 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.
Temporary Employee. Any person employed by an
employment service or a IIleased" employee, that reports
to a worksite other than the employment service's
worksite, under a contractual arrangement with a
temporary employer. Temporary employees are counted as
employees of the employment service for purposes of
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(2) Vending machines, including welghing scales,
when accessory to a business conducted within a
building.
(3 ) Border materials, flower pots, trellises and
the like.
(4 ) Outdoor newsstands.
(ix) In any new restaurant on the ADP
Property, an air filtration and ventilation system
shall be provided.
( x) No pipeline shall be built, lald or
maintained on the ADP Property. For purposes of this
Section, "pipeline" includes all real estate, fixtures
and personal property owned, controlled, operated or
managed in connection with or to facilitate the
transmission, storage, distribution or delivery of
crude oil or other fluid substance through pipelines;
provided, however, that this Section does not apply to:
( 1) Any pipellne used for the delivery of water
or the removal of sewage;
(2 ) Any pipeline used for the delivery of natural
gas.
(3) Any pipeline located exclusively on the
Property and used in connection with any lawful
activity thereon.
20709073--2(8(95
can collectively address cornmunl.ty transportation-related
problems. Transportation Management Associations may be
formed to implement TOM, 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 solutlons to commuter-related congestion
problems in conjunction with the city Transportation
Coordinators. The city may identify employment clusters
or multi-tenant worksites where an employer organization
such as a TMA should be formed.
Transportation System Management CIITSMU). strategies
designed to improve traffic flow through modifications in
or coordinatlon of the operation of eXlsting facilities.
Trip Reduction. The reduction in single occupant
vehicle trips by private or pUblic sector programs used
during peak periods of commutlng.
VAnpool. A van or simllar motor vehicle with a
seating capacity of seven or more persons occupied by
four or more persons, including children and students
traveling together to the worksite or a school/childcare
facility located within one mile of the worksite.
vehicle. A passenger car or truck used for commute
purposes including any motorized two wheeled vehicle.
Vehicles shall not include bicycles, transit vehicles,
buses servlng multiple worksites, or vehicles which stop
only to load or unload passengers or materials at a
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worksite while on route to other worksite(s) .
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 which are
owned or operated by the same employer.
Worksite Transportation Plan ("WTpl). A plan for
implementation of transportation management strategies
which is designed to reduce the impacts of a particular
worksite on traffic and air quallty.
Worksite Transportation Plan Appeals Board ( "WTP
Appeals Board") . The administrative review body for
decisions of the city's Transportation Management
Coordinator. The WTP Appeals Board shall consist of the
City Parking and Traffic Engineer, the Director of the
Planning and community Development Department, and an
at-large member appointed by the City Council. The City
Parking and Traffic Engineer and the Director of the
Planning and Communlty Development Department may
designate an employee from his or her div1.sion or
department as his or her representative.
SECTION 3. Section 9.16.050 of the Santa Monica Municipal Code
lS amended to read as follows:
9.16.050 Transportation impact fee.
(a) Employer Annual Impact Fee. There shall be an
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Employer Annual Impact Fee. The purpose of the Employer
Annual Impact Fee is to pay for the costs of
administration and enforcement of this Chapter. The
amount of the employer cost factor used to calculate the
fee shall be established and from time to time amended by
resolution of the city council.
( 1) Employers shall pay an annual
transportation impact fee calculated using the following
formula: Fee = (Number of Employees) x (Employee Cost
Factor) .
For purposes of calculating an employer's annual
impact fee, the definition of employee shall include
full-time, part-time, temporary, seasonal, at-home or
in-field contractors of consultants working at a worksite
for six months or more.
(2) The City TMP Office shall begin notifying
employers of required Employer Impact Fees in accordance
with the Worksite Transportation Plan Schedule in section
9.16.o90(a) . Employer Impact Fees shall be due and paid
in full w1th submittal of the Worksite Transportation
Plan. The City shall mail not1ce of the payment required
by this subsection at least ninety calendar days prior to
the due date.
(3) Once the Employer Annual Impact Fee
required pursuant to this section has been paid, there
shall be no refunds.
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(4) Employers of fifty employees or more who
demonstrate attainment of a 1.5 A.M. and P.M. AVR shall
receive forty percent reduction in the Employer Annual
Impact Fee for the follow1ng year. Employers of fifty
employees or more who demonstrate attalnment of a 1.5
A.M. and P.M. AVR for two consecutive years shall receive
a fifty percent reduction in the Employer Annual Impact
Fee for the following year. Employers of fifty employees
or more who demonstrate attainment of a 1.5 A.M. and P.M.
AVR for three consecut1ve years shall rece1ve a sixty
percent reduction in the Employer Annual Impact Fee for
the following year.
(5) Employers of fifty or more employees who
join a TMA certified by the City shall receive a
twenty-five percent reduction in the Employer Annual
Impact 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 Impact Fee.
(6) Employers of one hundred or more employees
submitting an approved Rule 1501 Plan less than S1X
months old shall be exempt from the Employer Annual
Impact Fee for the first year.
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(b) Developer Impact Fee. The purpose of the
developer impact fee is to defray the cost of providing
transportation facilities and services associated with
new commercial development.
( 1) Developers who apply for building permits
for new or expanded development projects in the 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 resolut~on 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.
(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 followlng land uses are encouraged by
the City because of their beneficial impacts and shall
recelve reductions from the Developer Impact Fee:
supermarkets and pedestrian-oriented uses on the ground
floor of a mUlti-story building. Both the Impact Fee and
the reduction shall be established by resolution.
(5) Refunds of the Developer Impact Fee shall
be made upon the filing of a request for refund within
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SlX months of expiration of a building permit upon
veriIication that construction of the improvements for
which the permit was issued have not commenced and no
extensions of the building permit have been granted. No
interest shall be paid on any refunded fee.
SECTION 4. section 9.16.070 of the Santa Monica Municipal
Code is amended to read as follows:
9.16.070 Contents of Worksite Transportation Plans.
Employers of fifty or more employees shall prepare,
implement and monitor worksite Transportation Plans for
transportation demand management (TDM) I transportation
system management (TSM) I and transportation facility
development (TFD), which Worksite Transportation Plans
shall reduce traffic and environmental impacts of their
sites in the city. The Worksite Transportation Plan shall
be in a form approved by the City's Transportatl.on
Management Coordinator. The Workslte Transportation Plan
shall undergo an intensive plan review by the City's
Transportation Management Coordinator and Transportation
Management Speciall.sts.
( a) The Worksite Transportation Plan shall include
some or all of the following rnitigatl.on measures:
( 1) Education and Marketinq. Hire and fund an
in-house Employee Transportation Coordinator; participate
in a TMA if available or required.
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(2) parking Management. Charge or increase
employee parking fees; establish preferential carpool and
vanpool parking; SUbsldize carpool and vanpool parking.
(3) Ridesbaring. Conduct or participate in
Rideshare Matching Program; broker vanpools; provide
carpool, vanpool, and buspool subsidies.
(4) Transit. Provide transit tokens or pass
subsidies; dedicate land, if required or approved by the
city, for light rail right-of-way, park-n-ride lots,
transit stops, or bus bays; operate or fund shuttle bus
operations; install and maintain bus shelter(s) , if
required or approved by the city.
(5) Bicycling. provide secure bicycle storage
facilit~es; provide showers and lockers; develop or fund
city-approved bicycle paths.
(6) Alternative Work Schedules. Implement
four-day forty-hour workweeks; implement nine-day
eighty-hour workweeks; implement other flexible workweeks
as approved by the City's Transportation Management
Coordinator; establish telecommuting program.
(7) Trip Length Reduction. Conduct outreach
ln order to facilitate hiring to increase proportion of
employees living within three miles radius of worksite;
establish a satellite work center program.
(8) Use of Clean Fuel vehicles. Provide
incentives to employees who commute in a clean fuel
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vehicle.
(9) Other Measures Approved by the City's
Transportation Management Coordinator.
(b) The Workslte Transportation Plan shall consist
of a report that:
(1) Calculates AVR levels for morning and
afternoon peak periods;
(2) Determines the employee/vehicle
calculations for a.m. and p.m. AVR windows.
(3) Outlines a plan for daily vehicle trip
reduction.
(4) Lists plan incentives or disincentives and
a schedule for their implementation, which can reasonably
be expected to lead to the achievement of the A VR targets
within 24 months and continued achievement and
maintenance of the target AVR thereafter.
(5) Includes an incentive summary with
projected employee participation for the upcoming plan
year.
(6) Determines a marketing strategy.
(7) Determines the use of on-site and off-site
parking facilities to achieve rideshare and transit
objectives (i.e., number of reserved spaces for carpools
and vanpools) .
(8) Determines the worksite's pedestrian and
bicycle accessibility.
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.
(9) Lists public transit services serving the
worksite, indicating the specific locations of nearby
transit stops.
(10) Provides a Zlp code listing of all
employees who report to the worksite during the peak
periods.
(11) Provides a description of the general type
of business and any seasonal fluctuations or unique
aspects.
(12) Determines the percentage of employees
working in individual job categories (Le. , technical,
skilled, clerlcal, etc. ) .
(13) Includes an Emergency Episode Plan.
(14) Includes a sample of the employee survey,
or other mechanism approved by the Parking and Traffic
Engineer. This survey must not be more than six months
old. For employers with 100 or more employees, the
survey must conform to South Coast Air Quality Management
District employee survey requirements. The survey must
be taken over five consecutive working days during which
the majority of employees are scheduled to arrive at or
leave the worksite. The days chosen for the survey must
be consecutive and cannot contain a holiday. 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 a.m. , inclusive, and seventy-five percent of
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employees who report to or leave work between three p.m.
and seven p.m. , inclusive.
(15) Provides the name of the certified
Employee Transportatlon Coordinator at the site who is
responsible for the preparation, implementation, and
monitoring of the plan.
(16) Provides the name of the certif ied On-Site
Coordinator (if different from the ETC) for each site who
is responsible for implementation and monitoring of the
plan.
(17) Identifies the objectives of the plan and
provides an explanation of why the plan lS likely to
achieve the AVR target levels.
(18) Includes a management commitment cover
letter slgned by the hlghest ranking official on site,
which includes a description of efforts taken to involve
employees in the development of commute alternative
incentives, a statement that employee notification
provisions have been and will be met, and that all data
is accurate to the best of the employer's knowledge.
( c) The procedure for calculating AVR at a worksite
shall be as follows:
(1) The AVR calculation shall be based on data
obtained from an employee survey as described in
paragraph (b) (14) of this section.
(2) AVR shall be calculated by dividing the
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number of employees who report to or leave the worksite
by the number of vehicles arriving at or leaving the
worksite. 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 worksite. Employees walking,
bicycling, telecommuting, using public transit, or on
their day off under a recognized compressed work week
schedule shall be counted as employees arriving at or
leaving the worksite without vehicles. Motorcycles are
counted as vehicles.
(3) If an employee arrives at or leaves the
worksite with a child or student, or arrives at or leaves
a school or childcare facility within a one mile radius
of the worksite with a child or student, the child or
student may be calculated in the A VR as an additional
passenger in the carpool or vanpool. Each additional
child or student in the carpool or vanpool shall be
calculated as an additional passenger in the
carpooljvanpool at the ratio of one child or student per
one employee.
(4 ) If two or more employees from different
employers commute in the same vehicle, each employer must
account for a proportlonal share of the vehlcle
consistent with the number of employees that employer has
in the vehicle.
24
(5) Any employee telecommuting at home shall
be calculated as if the employee arrived at the worksite
in no vehicle. Any employee working at a satellite work
center that reduces the employee's trip by at least 50
percent of the commute distance, shall be calculated as
if the employee arrived at the worksite in half a
vehicle. However, 1f the employee travels to the
satellite work center using an alternate mode of
transportation (Le. , transit, carpool, vanpool, walk,
bike) I the employee shall be calculated as arriving at
the worksite in no vehicle by that alternate mode of
transportation.
(6) Noncommut1ng AVR credit is allowed for
employees who remain at the worksite for a period of at
least one day and generate no vehicle trips associated
with arriving at or leav1ng the worksite. Noncommuting
AVR credit is calculated as arriving at or leaving the
worksite with no vehicle.
(7) Additional credits towards an employer's
AVR target shall be granted until December 31, 1997 for
the use of any of the followl.ng types of alternative
fueled vehicles utilized by employees for work commute
trips. The credit is calculated by reducl.ng the number of
vehicles arriving or leaving the worksite and shall be
granted each year the vehicle is used for up to five
years following the year of purchase, but not later than
25
December 31, 1997. Credit will only be given for
Alternate Fueled Vehlcles built by an Original Equipment
Manufacturer. Converted vehicles w1ll not receive any
credit.
Electric Vehicles (EV) 10:1
Compressed Natural Gas (CNG) 6:1
Flexible Fuel Vehicles Operated 5:1
on Methanol (M8 5 )
Propane Vehicles ( LPG) 5:1
The following formula must be used when indicating
alternative fueled vehicles in the AVR:
T = TV - [(EV .90) + (CNG .83) + (M85 .80) + (LPG .80)]
AVR = EIT
Where: TV = Total Vehicles Arriving at the Worksite.
E = Total Employees ~n the AVR Verification
Method.
T = Total vehicles after Clean Fuel Credit
~s counted.
For passenger vans (carrying more than eight persons
to the worksite) that comply with CARE's zero-emission
vehicles standard, the total number of vehicles (TV) can
be reduced by ten for each van. In no instance can the
credit result in more than a 20 percent increase in AVR.
(d) If the employer includes satellite
telecommuting, noncommuting, children or students in the
AVR, the followlng information must be collected for that
travel mode in any AVR verification method used:
( 1) For satellite telecommuting centers, the
26
distance between the employee's home and satellite
telecommuting center, and the distance between the
employee's home and regular workslte;
(2) For noncom.muting, the work schedule
indicating the days worked by the employees and the days
when the employees remained at the worksite or left the
city's jurisdiction to complete work assignments;
(3) For includlng children and students, the
total number of employees and children or students in
each carpool or vanpool.
(4) For including children or students dropped
off at a childcare facility or school not at the
worksite, the distance between the worksite and the
childcare facility or school.
( e) All Worksite Transportatlon Plans are required
to describe the actions that the employer took to
actively involve employees ln the development of commute
alternative incentlves. Examples of acceptable employee
involvement efforts include the following: open-ended
survey questions; quality circle discussions; employee
awareness programs and focus groups. The management
commitment letter must identify which effort(s) was
taken.
(f) Each employer filing a Worksite Transportation
Plan is required to notify its employees of the contents
of the plan thirty days prior to filing the plan with the
27
city. Notification must also include information about
when and where employees can review the plan and
designate the individual(s) to whom comments may be
submitted. Employers must notify employees of plan
approval within thirty calendar days of approval by the
City. Notification of resubmittal or revisions to the
plan shall be provided to employees no later than fifteen
calendar days prior to resubmittal of the revised plan to
the city's Transportation Management coordinator. The
management commltment letter must state that these
provisions have been and will be met.
(g) Employers must keep detailed records of all
documents which verify the figures used to calculate
Average Vehicle Ridership (AVR) . These records shall
include at a minimum: employee surveys, morning and
afternoon AVR calculations, total eligible employee
population, vehicle counts, monetary incentive payments,
transit subsidy payments, monitoring of all incentive
programs, monitoring of buspools, vanpools and use of
company-owned fleet vehicles for ridesharing, monitoring
of guaranteed ride home program, the number of employees
telecommuting or working compressed work weeks, and a
marketing component which ensures all employees are
regularly informed of all components of the Employer's
Worksite Transportation Plan. Records verifying that
incentives listed in the WTP have been offered shall be
28
retained on site for at least two years from plan
approval date. Approved trip reduct10n plans from prior
years shall be kept for a period of at least five years
from date of approval. Failure to maintain records or
falsification of records will be deemed a violation of
this Chapter.
(h) ETC's or On-site Coordinators are required to
be on site a minimum of fifteen (15) hours per week.
(i) If the absence of a trained senior ETC, 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 tra1nlng no later than twelve weeks after the
beginning of the absence.
SECTION 5. section 9.16.080 of the Santa Monica Munic1pal
Code is amended to read as follows:
9.16.080 Employer worksite Transportation Plans.
(a) All employers of ten or more employees shall be
required to submit a Worksite Transportation Plan to the
City ln accordance with the procedures set forth in
section 9.16.090.
(b) Employers of ten to forty-nine employees shall
~dentify measures in their Workslte Transportation Plan
29
to be made available to their employees which are
expected to reduce the number of single-occupant vehicle
commute trips to their worksite. At a minimum, the
following information must be made available to each
employee:
(1) carpooling/vanpooling information,
including information about the services provided by the
regional ridesharing agency and their phone nUl'I'Iher.
(2) Transit schedules and tOken/pass purchase
information.
(3) Information on air pollution and options
to driving to work alone.
(4) Bicycle route and facility information,
including regional/local bicycle maps, locations of
nearest bicycle racks or locker storage facilities, and
bicycle safety information.
(5) Information on walking to work, pedestrian
safety and walk1ng shoe 1nformation.
(6) An Emergency Episode Plan that informs
employees of stage 2 and Stage 3 smog alerts.
(c) Employers of fifty or more employees shall
designate a certified Employee Transportation
Coordinator for the worksite in the Worksite
Transportation Plan.
(d) Employers of fifty or more employees shall
identify measures in their Worksite Transportation Plan
30
that will result in a worksite AVR of at least 1.5 during
a.m. and p.m. peak periods through measures specified in
Section 9.16.070.
(e) Employers at multiple worksltes that are
located within close geographic proximity of each other
and employers at multi-tenant worksites where more than
fifty employees are employed in the aggregate may
voluntarily form a Transportatlon Management Association
( IITMA II) . The city's Transportatlon Management coordinator
may also require these employers to form and join a TMA,
and they shall do so within ninety days of notification
by the city. For purposes of determining whether more
than fifty employees are employed at a multi-tenant
worksite, employees who are employed by an employer with
fewer than ten employees need not be counted.
(f) Upon the city Parking and Traffic Engineer's
approval of a written request, an employer may submit a
single Worksite Transportation Plan encompassing all
worksites subject to the requirements of this Chapter if
the worksites are within one-half mile of each other.
(g) Multi-slte employers of 100 or more employees,
with one or more worksites located outside of the City of
Santa Monica, have the option of either filing a Rule
1501 transportation plan with the South Coast Air Quality
Management District, or filing a Worksite Transportation
Plan with the City of Santa Monlca. Employers choosing
31
to file a Rule 1501 transportation 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.
(h) All employer worksite Transportation Plans
shall be consistent with any plans previously submitted
by the developer of the property at which the worksite is
located.
SECTION 6. Section 9.16.090 of the Santa Monica Municipal
Code is amended to read as follows:
9.16.090 Procedures for submission of Worksite
Transportation Plans.
( a) The City TMP office shall begin sending written
notice by certified mail to employers in accordance with
the following schedule:
December 1, 1993 Employers who employ
and December 1 of 100 or more employees
every year thereafter
December 1, 1994 Employers who employ
and December 1 of 50-99 or more employees
every year thereafter
December 1, 1995 Employers who employ
and December 1 of 10-49 employees.
every year thereafter
Each employer shall submit to the City's Transportation
Management Coordinator a Worksite Transportation Plan
(WTP) within ninety calendar days after the receipt of
the notice.
32
.
(1) For employers of one hundred or more
employees, an approved Rule 1501 Plan less than six
months old may be submitted as the Worksite
Transportation Plan. Any worksite Transportation Plan
previously approved by the City's Transportation
Management coordinator shall be ~n effect until an
updated plan is approved by the city's Transportation
Management Coordinator.
(2) In the event that an employer reasonably
needs more time to submit a Worksite Transportation Plan,
a request for extension may be filed with the City's
Transportation Management Coord1nator. All requests must
be received by the City TMP office no later than fifteen
calendar days prior to the 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 WTP, and for what length of time
the extension 1S sought. The city's Transportation
Management Coordinator shall notify the employer in
writing whether or not the extension has been granted
within fifteen calendar days of receipt of a written
request for extension.
(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 s~ngle extension for thirty
33
.
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. In no event shall the
submission date be extended for more than sixty days from
the initial submission date.
(b) If an employer's WTP due date falls on a day
City Hall is normally closed (Le. , weekend, Holiday,
9/80 Friday off), the employer may turn in the WTP on the
first business day after the plan due date.
(c) If a Worksite Transportation Plan is mailed to
the City, the plan must be postmarked before the plan due
date. If the plan is postmarked on or after the plan due
date, the plan shall be considered late and the employer
shall be considered to be in violation of this Chapter.
(d) After the employer submits the Worksite
Transportation Plan, the city's Transportation Management
Coordinator must either approve or disapprove the plan
within ninety calendar days.
(1) Notice of approval or disapproval shall be
given by registered or certified mail. If the Worksite
Transportation Plan is disapproved, the reasons for
disapproval shall be given in writing to the employer.
(2) Any plan disapproved by the City's
Transportation Management Coordinator must be revised by
the employer and resubmitted to the City's Transportation
34
Management Coordinator wl.thl.n thirty calendar days of
notice of disapproval or the employer shall be deemed to
be in violation of Chapter 9.16 of this Code. The City
has ninety 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 this Code.
(4) In the event that the employer needs more
time to revise the Worksite Transportation Plan, an
employer may request an extension. The extensl.on may only
be requested after the plan has been disapproved for the
first time. All requests for extension must be received
in writing within fifteen calendar days of the receipt of
plan disapproval. The city's Transportation Management
Coordinator shall inform the employer in writing withl.n
fifteen calendar days of the recel.pt of the request for
extenSl.on whether or not the extension has been granted.
Extensions for writing a revised plan will not be
extended for more than thirty calendar days from the
initial resubmittal date.
(e) An approved Worksi te Transportation Plan 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
35
which lS in effect, including, but not limited to,
lncentives or change of employee transportation
coordinator at the site, 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.
(f) The Transportation Management Coordinator shall
not approve any plan or plan revisions if the employer,
an employee(s), an employee representative, or employee
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 submit written comments to
the City's Transportation Management Coordinator and the
employer setting forth the objection(s}. Upon receiving
such a request, the Transportation Management Coordinator
shall maintain neutrality with respect to any
negotiations regarding the Worksite Transportation Plan.
Nothing in this paragraph shall be construed to affect
the employer's duty to comply with all provisions of
Chapter 9.16 of this Code, including the requirement to
implement an approved orksite Transportation Plan and
comply with applicable deadlines.
(g) A Worksite Transportation Plan shall be
36
-- - ---- - - - ---
disapproved if any employee(s), employee representative,
or employee organization submits information
demonstrating that:
(1) The plan includes disincentives, such as
parking charges; and,
(2) Such dislncentives would create a
widespread and substantlal disproportionate impact on
minorities, women, low-lncome or dlsabled employees. A
plan shall not be disapproved pursuant to this
subdivision if it includes such provlslons as are
necessary to ensure a reasonable opportunity for
employees to commute by means other than a
single-occupancy vehicle and thereby avoid the
disproportionate impact described above. The City's
Transportation Management Coordlnator 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 representatlves, or employee
organization submitting the information.
(h) If a final determination that an element of an
approved Worksite Transportation Plan violates any
provision of law is issued by any agency or court with
jurisdictlon to make such determinations, then the
37
employer shall, within forty-five calendar days, submit
a proposed plan rev1sion to the City's Transportation
Management Coordinator which shall be designed to achieve
an AVR equivalent to the prev10us approved plan.
(i) No employer of one hundred or more employees
shall be responsible for complying with this Chapter
until such time as the City and South Coast Air Quality
Management District execute an agreement which provides
an exemption to those employers from the requirements of
filing a Rule 1501 plan with the South Coast Air Quality
Management District. If at any time the City fails to
meet its obligations under the executed agreement,
employers of one hundred or more employees in the City
shall be released from this Chapter and shall be subject
to compliance with South Coast Air Quality Management
District Rule 1501 requirements. However f this exemption
does not relieve employers from their obligat10n under
South Coast Air Quality Management District Rule 707.
(j) It is the responsibility of all employers of
one hundred or more employees to submit to the city their
Worksite Transportation Plan by December 1, 1994, even if
they do not receive a notice from the city, unless they
have been notified by the City to do so at an earlier
date.
38
(k) It is the responsibility of all employers of
50-99 employees to submit to the city the1r Worksite
Transportation Plan by December 1, 1995, even if they do
not receive a notice from the City, unless they have been
notified by the city to do so at an earlier date.
(l) It is the responsibility of all employers of
10-49 employees to submit to the City their Worksite
Transportation Plan by December 1, 1996, even if they do
not receive a notice from the City, unless they have been
notified by the city to do so at an earlier date.
em) It 1S the responsibility of all employers
subject to Chapter 9.16 of this Code to submit an updated
Worksite Transportation Plan to the City annually on the
anniversary date of the most recent Worksite
Transportation Plan approval by the city.
(n) Any employer who establishes a new worksite in
the city of Santa Monica, or whose employee population
increases to more than 100 employees after December 1,
1993, or more than 50 employees after December 1, 1994,
or more than 10 employees after December 1, 1995,
including temporary and part-time employees reporting to
a worksite for a six month period, calculated as a
monthly average, shall notify the City's Transportation
Management Office in writing within six months. The
notice shall be written, and include the employer's name,
the business and mailing address, the number of employees
39
reporting to the worksite, 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 this Code.
(0) Any employer who has submitted a plan pursuant
to Chapter 9.16 of this Code and whose employer
population falls to fewer than 10 employees for a six
month period, calculated as a monthly average, may submlt
a written request to the City's Transportation Management
Coordinator to be exempt from Chapter 9.16 of this Code.
The employer must submit documentation which demonstrates
an employee population of less than 10 employees. Such
demonstration could be made by payroll records or other
appropriate documentation.
(p) Employers otherwise subject to Chapter 9.16 of
this Code having no employees reporting to or leaving
from the worksite between six a.m. and ten a.m. and three
p.m. to seven p.m. any day of the week are not required
to file a worksite Transportation Plan with the city.
However, an employer must submit the work schedule
verification information required in Section
9.16.070(b) (10) each year on the anniversary date of the
last approved Worksite Transportation Plan, or on the
date agreed upon by the employer and the city's
40
Transportation Management Coordinator, to document that
no employees arrive during the AVR a.m. and p.m. windows.
SECTION 7. section 9.16.130 of the Santa Monica Municlpal
Code is amended to read as follows:
9.16.130 Transportation mitigation monitoring.
(a) Annual Report and Plan update. Ongoing
monitoring of an approved worksite Transportation Plan
shall be conducted by the employer using standardized
forms approved by the City In order to monitor progress
in aChieving transportation mltigation goals. An annual
report shall be submitted twelve months from the date of
the initial plan approval date. The City shall notify the
employer of the submittal deadlines for the review and
update. The annual report shall focus on ridesharing and
trip-reduction incentives offered by the employer and
shall include any changes to or additions of incentives,
site characterizations, or employee participation in the
program since the last reporting date. The review and
update shall consist of a report that:
( 1) Calculates AVR levels attained under the
approved planj
(2) Determines the employee/vehicle
calculations for a.m. and p.m. AVR windows.
(3) Outlines a plan for daily vehicle trip
reduction.
41
(4) Verifies that plan incentives have been
offered; lists new and revlsed incentives and a schedule
for their implementation.
(5) Includes an lncentive summary that
determines current and projected employee participation
in each incentive.
(6) Determines a marketing strategy.
(7) Determines the use of on-site and off-site
parking facilities to achieve rideshare and transit
objectives (i.e., number of reserved spaces for carpools
and vanpools).
(8) Determl.nes the worksite's bicycle and
pedestrian accessibility.
(9) Lists public transit services serving the
worksite, indicating the specific locations of nearby
transit stops.
(10) Provides a zip code listing of all
employees who report to the worksite during the peak
periods.
(11) Provides a description of the general
type of business and any seasonal fluctuations or unique
aspects.
(12) Determines the percentage of employees
working in individual job categories (Le., technical,
skilled, clerical, etc. ) .
(13) Includes an Emergency Episode Plan.
42
(14) Includes a sample of the employee survey,
or other mechanism approved by the City Parking and
Traffic Engineer. Th~s survey must not be more than SlX
months old. For employers with 100 or more employees,
the survey must conform with South Coast Air Quality
Management District employee survey requirements. The
survey must be taken over five consecutive working days
during which the majority of employees are scheduled to
arrive at and leave the worksite. The days chosen for
the survey must be consecut1ve and cannot contain a
holiday. This survey must have a minlmum response rate
of seventy-five percent of employees who report to or
leave work between six a.m. and ten a.m. , inclusive, and
seventy-five percent of employees who report to or leave
work between three p.m. and seven p. m. , inclusive.
(15) Provides the name of the certified
Employee Transportation Coordinator who is responsible
for the preparatlon, implementation, and monitoring of
the plan.
(16) Provides the name of the certified On-site
Coordinator (if different from the ETC) at the site who
is responsible for implementat10n and mon1toring of the
plan.
(17) Identifies and evaluates objectives of the
plan that did or did not work and provides an explanation
of why the revised plan lS likely to achieve the AVR
43
target levels, listing additional incentives which can
reasonably be expected to correct deficiencies.
(18) Includes a management commitment cover
letter signed by the highest ranking official on site,
which includes a description of efforts taken to involve
employees in the development of commute alternative
incentives, a statement that employee notification
provisions have been and will be met, and that all data
is accurate to the best of the employer's knowledge.
(19) Includes updates and revisions to the
Worksite Transportation Plan as the city's Transportation
Management Coordinator deems appropriate, if the annual
report indicates that the goals of the previously
approved Worksite Transportation Plan have not been met.
(b) city Audit. 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 a demonstration that an employer is
performing the ongoing monitoring required by this
section.
(c) compliance Inspection. Any employer subj ect to
this chapter is subject to an unannounced compliance
inspection. This inspection will require access to
records that demonstrate marketing, implementation, and
monitoring of an employer's plan.
44
-- ------- -
SECTION 8. Section 9.16.140 of the Santa Monica Municipal
Code is amended to read as follows:
9.16.140 Enforcement.
(a) 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 plan update when due, mandatory
plan revisions when due, or failure to implement
provisions of an approved plan as set forth in the plan
implementation schedule, failure to keep records,
falsification of records, failure to have a certified ETC
or certified On-Site Coordl.nator on site for at least
fifteen hours a week, or failure to submit proper fees in
accordance with Section 9.16.050 is a violation of this
Chapter. Additionally, upon recel.pt of a second
disapproval notice and until such time as a revised plan
1S approved by the City, the developer or employer shall
be deemed in violation of this Chapter.
(3) If an employer complies with all
prov1sions of the approved plan but fails to meet the AVR
target, that is not a violatl.on of this Chapter.
However, the Transportation Management Coordinator shall
retain the right to require the employer to provide
additional incentives and marketing strategies in the
Worksite Transportation Plan with the goal of increasing
45
the employer's AVR.
(4) Each day a developer or employer violates
the provisions of this Chapter or the terms and
conditions of any approved Worksite Transportation Plan
shall constitute a separate violation.
(5) No person shall interfere with or refuse
to grant access to any records required by this Chapter
during any compliance inspection.
(b) EnforcemeDt ActioDS. In addition to any other
remedy provided for by law, the City, or the South Coast
Air Quality Management District when appropriate, may
take the following actions for violation of this Chapter
or of the terms and conditions of any approved Worksite
Transportation Plan:
(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 employer or developer to the city.
(3) Institute proceedings to revoke any
approval of a Worksite Transportation Plan.
(4) Revoke the business license held by any
violator, following the procedures set forth in section
9.04.20.30.060 of the Municipal Code.
(5) Impose an enforcement fee as provided for
in Section 9.16.140(0).
46
--- - - -- - -
.
(6) Request that the city Attorney take
appropr~ate enforcement action. Referral by the City's
Transportation Management Coordinator is not a condition
precedent to any enforcement act~on by the City Attorney.
(7) Notwithstanding any other provisions of
this Chapter regarding penalties or fees for enforcement
actions or for violations, for violators with one hundred
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.
(c) Enforcement Fees.
(1) 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 Worksite
Transportation Plan. 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.
(2) Fees shall be assessed as follows:
a. For the first v~olation dur.l.ng the
plan year, there shall be no fee. The City's
Transportation Management Coordinator shall, however,
cause a warning notice to be mailed to the violator.
b. For the second violat.l.on during the
47
plan year/ the fee shall be five dollars 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 notice shall
provide that the fee shall be due and payable within
fifteen days from the date of the notice. A penalty of
ten percent per month shall be added to any fees that
have not been paid when due.
(4) Any person upon whom fees have been
imposed pl}.rsuant to this Sect1.on 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 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 of the money
deposited.
c. The Worksite Transportation Plan
Appeals Board ("WTP Appeals Board") shall hold a hearing
on the appeal within forty-five days of the date of
filing of the appeal. The city shall give the appellant
48
- ----- --- -- -- - --- ------ ---- ----- -- ----
at least five days' notice of the time and place of the
hearing. The WTP Appeals Board shall render a decision
within fifteen days of the date of the hearing. The
purpose of the hearing shall be limited to whether or not
the vlolation occurred.
d. The WTP Appeals Board shall uphold an
appeal of an enforcement fee under this Section in only
one of the following circumstances:
1. An error has been made in
calculating the enforcement fee.
2. The person is found not to have
been violating the provisions of this Chapter or the
terms and conditions of the Worksite Transportation Plan.
e. The decision of the WTP 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 notlce 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 WTP Appeals Board.
SECTION 9. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
49
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 10. 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 decision shall not affect the validity of the
remal-ning portions of this Ordinance. The city Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 11- 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
wlthin 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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V t(.{f..{LfJ. ... . i.1/J,:) ~...I ~
MARSHA JONES MOUTRIE
City Attbrney
50
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Mayor
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa Moruca )
1. Beth Sanchez, ASSIstant CIty Clerk of the CIty of Santa Maruca. do hereby cenlfy that the
foregomg Ordmance NO.1787 (CCS) had Its frrst readmg on February 7, 1995 and had Its
second readmg on Februarv 14, 1995 and was passed by the followmg vote-
Ayes CouncIlmembers. Ebner, Greenberg, Holbrook. Rosenstem, Abdo,
O'Connor. Genser
Noes Councllmembers: None
Abstam Councllmembers None
Absent Councllmembers None
ATTEST
Jt);-AJ~
CIty Clerk