SR-8-E (20)
J?-E.
JUL 2 7 19:;J
LUTM:PB:RF:KP:TMPUPDATE
Councll Meeting: July 27, 1993
Santa MOllIca, Califorma
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an Ordmance Amending the
City's Transportation Management Plan (TMP) Ordinance to Incorporate
Changes Made by the South Coast Air Quality Management District.
INTRODUCTION
On April 30, 1992, the City of Santa Monica entered into a Memorandum of Understandmg
(MOU) with the South Coast AIr Quality Management District (SCAQMD) WhICh provided
"Approved Status" to the CIty to enforce the provisions of Its TransportatIon Management
Plan (TMP) Ordinance for employers in the CIty. As long as the City meets and continues
to meet the requirements of the MOU, employers III the City of Santa Monica may claim
an exemption from the need to file an Employee Tnp Reduction Plan WIth SCAQMD and
only submIt a plan to the CIty. The first Tnp Reduction Plans to be submItted to the City
under this MOU will be filed in December, 1993.
Under the provisions of the MOD, the CIty must adopt changes that SCAQMD incorporates
into its rule covering employer trIp reductIOn plans WIthin 90 days of theIr adoptIOn by
SCAQMD ThIS report recommends that the CIty Council mtroduce for fIrst readmg an
ordinance which mcludes changes that SCAQMD has adopted regardmg employer tnp
1
i-~
JLL i, ( d93
reduction plans III order to maintain the CIty'S TMP Ordinance approved status
DISCUSSION
Regulation XV was adopted by the South Coast Air Quality Management Distnct on
December 11, 1987. Regulation XV requires that all employers with 100 or more employees
fIle an annual employee commute trip reduction plan WIth SCAQMD to reduce home-to-
worksite trips in the South Coast Air Basin to a predetermined level. On November 12,
1991, the CIty Council adopted the Transportation Management Plan (TMP) Ordinance)
Number 1604 (CCS), whIch established a slmdar set of regulatIOns for employers in the CIty
of Santa Monica. Under the terms of our MOD with the SCAQMD, as long as the CIty's
regulations are consIstent with and no less stnngent, the City IS allowed to enforce Its rules
in lieu of compliance WIth the SCAQMD's RegulatIon XV.
On March 30, 1993, SCAQMD adopted changes to Regulation XV which wIll become
effective on September 1, 1993. The changes separate Regulation XV into two rules:
1) Rule 1501: Work Trip ReductIOn, and
2) Rule 1502: DIstrict Delegation to Local Governments
All substantive changes were incorporated Into Rule 1501. Therefore, to mamtam its
approved status, the City must adopt amendments made to Rule 1501 of RegulatIon XV to
ensure that the CIty's TMP Ordinance is at least as stringent as Regulation XV Many of
the changes to Rule 1501 of RegulatIOn XV adopted by SCAQMD are clanflcations to and
2
expanSIOns of previous definitions and have no significant Impact on the scope and
provisions of the CIty'S TMP Ordinance Notable exceptions are the followmg:
1. SCAQMD is changing the morning peak penod Average VehIcle Ridership
(A VR) calculatlon to be based on the four consecutive hours between 5 a.m. and 11
a.m.) inclusive) when the majority of employee work trips are generated. Previously)
all A VR calculations were done for the four hours between 6 a.m. and 10 a.m.)
inclusive.
2. Credit will be given to employees who carpool with children or students who are
dropped off or picked up at a chIld care facility or school located within a one-mile
radius of the worksite
3. Credits for alternative fueled vehicles used for employee commute trips will not
be granted after December 31, 1997, as credIts will be given to the vehicle
manufacturer after that date.
4. Multi-SIte employers with multiple worksItes m the South Coast AIr Basin and
with at least one worksite in the City of Santa MOllIca must submIt an employee trip
reductIon plan to the City for each worksite located in Santa MOllIca
These changes have been incorporated into the CIty's TMP Ordinance.
BUDGET/FINANCIAL IMPACT
No budget or financial impacts will result from these recommendations Revenue and
expenditure accounts have been previously establIshed by CouncIl upon adoption of the
TMP Ordinance and subsequent City budgets.
RECOMMENDATION
It is respectfully recommended that the City CouncIl introduce for fIrst reading the
3
ordinance amending the City's TMP Ordmance to add language adopted by SCAQMD to
Regulation XV in order to maintain the approved status of the TMP Ordinance under the
MOD between the City and SCAQMD.
Prepared by: Paul Berlant, Director of LUTM
Ron Fuchlwaki, City Parkmg and Traffic Engineer
Karen Pickett, Transportation Management Coordinator
Attachment A:
Ordinance amending Transportation I\.1anagement Plan Ordmance
4
CA:MHS:tmp3jhpajpc
city Council Meeting 7-27-93
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.16.030, 9.16.050,
9.16.070, 9.16.090, AND 9.16.130 RELATED TO
TRANSPORTATION MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.16.030 is
amended to read as follows:
SECTION 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.
Averaqe Vehicle Ridership (AVR).
The total
number of employees who report to or leave the
worksite or another jOb-related activity during the
peak periods ~.s6),\~P{;I ;tpitll}it~}i. rtJ-y1p{y divided by the
number of vehicles driven by these employees over
that five-day period. The AVR calculation requires
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that ~ tty~ ~~~%~~~~t1~ ~~~~~py py~tp~~ ~~ ~%~~ 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 ohosen
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 for the
four consecutive hours between ~jf;)1 5:00 a.m. and
1f;jf;f; 11:00 a.m. jnt)~%jy~ during which the majority
of the employee work trips are generated 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
Total 1327
In ~his example, AVR is arrived at by dividing
the number of employees reporting to work between
the hours of %jf1f; 5:00 a.m. and J.f;jf;f; 11:00 a.m.
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during the week (1500) by the number of vehicles
driven to the worksite between the same hours during
the week (1327):
1500
1327
1.13 AVR
A similar calculation is required for obtaining the
afternoon peak period AVR for commute trips to and
from the worksi te between 3: 00 p. m. and 7: 00 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.
Ava calculation. The numerical method used to
determine the worksitels AVR.
AVR Gap. The difference between an employer's
current AVR and the AVR target.
Ava
Target.
The
AVR
that
a
worksite
Transportation Plan is designed to achieve for a
particular worksi te.
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, either before
a
worksite
transportation
plan
is
initially
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submitted or after implementation of a worksite
transportation plan.
AVR Window. The period of time comprised of
both hours and days used to calculate AVR (i.e. 5:00
a.m. - 11:00 a.m. and 3:00 p.m. - 7:00 p.m.).
Buspool(Shuttle Bus. A vehicle carrying
sixteen (16) or more passengers commuting on a
regular basis to and froIn work with a fixed route,
according to a fixed schedule.
California Department of Transportation
(Caltrans). The state agency responsible for the
maintenance and development of California's
transportation systems.
Carpool. A motor vehicle occupied by two (2)
or more employees travel ing together to and from
work.
Children/students. Children/students riding
in a carpool or vanpool count as adult passengers if
the employee(s) drops them off at a school or
chi1dcare facility within a one mile radius, or if
the employee travels wi th the child/student to the
worksite.
Clean Fuel Vehicle or Low Emission Vehicle
(LEV) . A motor vehicle capable of operating on
liquid petroleum gas (LPG), methanol, compressed
natural gas (CNG) or electricity (EV), and certified
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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 monitoring of an approved
Worksite Transportation Plan.
compressed Work Week. This applies to
emp1oyee(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 which reduces
vehicle trips to the worksite. The recognized
compressed work week schedules for purposes of
Chapter 9.16 of the Municipal Code are thirty-six
hours in three days (3/36), forty hours in four days
(4/40), or eighty hours in nine days (9/80).
Consultant WTPC. A person that meets the
requirements of and that serves as a Senior WTPC or
a WTPC at a single worksi te for an employer other
than the consultant WTPC's employer.
Developer. Any person responsible for
development of a non-residential development project
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which will result in ten (10) or more peak period
trips.
Disabled Employee. An individual with a
physical or mental impairment which prevents the
individual from complying wi th the employer IS
worksite transportation plan or travelinq to work by
a means other than a single-occupant vehicle.
Employee. Any person employed by a personCs),
firm, p~t~~~1 business, educational institution,
non-profit agency or corporation, government agency
or other entity who reports to work at a single
worksite for six months or more, excluding paid
resident students working on a school campus.
Temporary and part-time employees shall be treated
as defined.
Employer. Any public or
including the City of Santa
permanent place of business
employing 10 or more employees.
Guaranteed Ride Home. Transportation provided
by the employer for employees who rideshare in the
event employees cannot rideshare home because of
unfor~seen overtime requirements or other emergency
circumstances.
private
Monica,
in the
employer,
hav ing a
city and
Level of Servlce ("LOS II) . A term to descr1be
prevailing and projected traffic conditions on a
roadway and is expressed by delay and the ratio of
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volume/capacity (v/e). six levels of service are
designated "A" through "F. 11 flA" describes a free
flowing condition and "Fit describes forced traffic
flow conditions with severe capacity deficiencies
and delays. This definition is based on the Hiqhway
Capacity Manual, Transportation Research Board SR
209 (1985).
Low Income
salary is equal
individual income
Employee. An individual whose
to or less than the current
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
IIlow-incomell if the employee demonstrates "that the
plan disincentive would create a 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.
Monitorinq.
progress towards
management plan.
Mul ti-si te Employer. Any employer which has
more than one worksite within the City of Santa
Monica, or more than one worksite in the South coast
The techniques used to assess
complying with the transportation
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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 worksi te where more than one
employer conducts a business.
Non-Commuting AVR Credit. Employees who
arrive at the worksi te 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 arri ving
at or leaving the worksite because the employee has
remained at the worksite or is no longer within the
city's jurisdiction for one day or more.
On-Site Coordinator. An employee, with
appropriate training, provided by a Training
Provider recognized by the city and the SCAQMD, who
serves as on-site contact for employees at a
worksite served by a Consultant or senior WTPC.
Part-Time Employee. Any employee who reports
to a worksite on a part-time basis fewer than 32
hours per week, but more than 4 hours per week.
These employees shall be included in the Ava
calculations of the employer provided the employees
report to the worksite during the AVR window.
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Peak Period. In the morning, the peak period
includes the hours from ~JfJfJ 5: 00 a. m. to J-fi'Jfi'fJ
11: 00 a . m. The employer chooses four consecut;i ve
hours in the morning peak period in which to
calculate the morning AVR. The four consecutive
hours shall reflect the arrival and departure times
of the majority of the employee population. In the
evening, the peak period includes the hours from
3:00 p.m. to 7:00 p.m.
Peak Period Trip. An employee's commute trip
that begins or ends at the worksite or work related
trip within the peak per~od.
Pedestrian Oriented Use. A use which is
intended to encourage walk- in customers and which
generally does not limit the number of customers by
requiring appointments or otherwise excluding the
general public. Such uses may include, but not be
limited to, neighborhood commercial uses, retail
uses, cultural uses, restaurants, cafes, and banks.
Preferential Parkinq. Parking spaces
designated or assigned for carpool and vanpool
vehicles carrying commute passengers on a regular
basis and are provided at a reduced cost and/or in a
location more convenient to a place of employment
than park~ng spaces provided for single occupant
vehicles.
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Ridesharinq. 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 shorter
commute distance for the employee and from which the
employee performs regular work functions.
senior WTPC. An employee who has a current
certification as a WTPC, is responsible for the
development, implementation, monitoring and
marke~ing of WTPs for single or mul~iple si~es, and
is responsible for on-site coordinators.
Telecommutinq. ,. ~t~1-~"tt ~)l.,ist)1 ~l-l-P~" ifJ'1
~~pJpt~~ 1-~ ~~t~ ~~ )l.~~~ ~11~ $1-tll ~~ 111
~p~~~11j~~rj~11 ~j1~ r)l.~ ~ptr,.j1~) Any employee(s)
working at home or at a satellite work center for
the entire work day provided the satellite work
center reduces an employee(s) work trip by at least
20 miles one way.
Temporary Employee. Any person employed by an
employment service or a "leased" employee, that
reports to a worksite other than the employment
service IS worksi te, under a contractual arrangement
wi th a temporary employer. Temporary employees are
counted as employees of the employment service for
purposes of calculating AVR. However, the on-site
employer must, at a minimum, include in the plan a
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program to provide any temporary employees that are
at the worksite with information about alternative
transportation to the single occ.upant vehicle and
access to non-financial incentives.
Training Provider. A person, firm, business,
educational institution, non-profit agency or
corporation or other entity which meets requirements
and is certified by the Executive Officer of the
South Coast Air Quality Management District to
provide training, as required by Chapter 9.16 of the
Municipal Code, to senior WTPCs, Consultant WTPCs,
WTPcs, and On-site Coordinators.
Transportation Demand Management (rrTDW'). The
implementation of strategies which will encourage
individuals to either change their mode of travel
from a single-occupancy vehicle, reduce trip length,
eliminate the trlp altogether, or commute at other
than peak periods.
Transportation Facility Development ("TFD").
Construction of maJor capital improvements to a
highway or transit system or installation of
operating equipment which includes new construction
of the ex~sting system or construction of a new
system.
Transportation Management Association ("TMA").
A group formed so that employers, employees, and
developers can collectively address community
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transportation-related problems. Transportation
Management Associations may be formed to implement
TDM, TSM, and/or TFD strategies in employment
clusters or at multi-tenant worksites. The primary
function of a TMA is to pool resources to implement
solutions to commuter-related 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 Manaqement (ItTSMIt) .
strategies designed to improve traffic flow through
modifications in or coordination 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 commuting.
Vanpool. A van or similar motor vehicle with
a seating capacity of seven or more persons occupied
by four or more employees traveling together to
work.
Vehicle. A passenger car or truck used for
commute purposes includlng any motorized two wheeled
vehicle. Vehicles shall not include bicycles,
transit vehicles, buses serving multiple worksites,
or vehicles which stop only to load or unload
passengers or materials at a worksite while on route
to other worksite(s) .
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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 (t1WTptI). A plan
for implementation of transportation management
strategies which is designed to reduce the impacts
of a particular worksite on traffic and air quality.
Worksite Transportation Plan Appeals Board
("WTP Appeals Board"). The administrative review
body for decisions of the C1ty'S Transportation
Management Coordinator. The WTP Appeals Board shall
consist of the Parking and Traffic Engineer, the
Director of the Land Use and Transportation
Management Department, and an at-large member
appointed by the city Council. The Parking and
Traffic Engineer and the Director of the Land Use
and Transportation Management Department may
designate an employee from his or her division or
department as his or her representative.
worksite Transportation Plan Coordinator. An
employee, tenant, property owner I 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 Coordinator does not
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have to be on-site at all
worksite-related information
timeSi
must be
however,
kept at
all
the
worksite. Worksite Transportation Plan Coordinators
shall be responsible for day-to-day implementation
of worksite transportation plans. Worksite
Transportation Plan Coordinators shall prepare and
make available rideshare information, notices,
questionnaires, handouts, computer matches, transit
and bicycle route maps, and shall have a permanent
mailing address, daytime telephone number and
office. Worksite Transportation Plan Coordinators
shall administer incentive programs included within
worksite transportation plans, such as rideshare
matching, vanpool brokerage, bus token or pass
distribution, parking fees, and transportation
allowances. Worksite Transportation Plan
Coordinators shall participate in City-sponsored
training workshops and information roundtables.
SECTION 2 .
section 9.16.050 of the Municipal Code is
amended to read as follows:
SECTION 9.16.050. Transportation Impact Fee.
(a) Employer Annual Impact Fee. There shall
be an 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
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from time to time amended by resolution of the City
Council.
(1) Employers
transportation impact fee
following formula: Fee >=
(Employee Cost Factor).
For purposes of calculating an employer's
annual impact fee, the definition of employee shall
shall pay an annual
calculated using the
(Number of Employees) x
include ~)ip~~ ~"tLt>J.95'J~~1> ~)195 t~P1>t't ~" ~95t}t 9lJ<ft):1i~
~)1~ ~~~~ ~~t):p~1>' ):n~J.J<f91):1i~ full-time, part-time,
temporary, seasonal, at-home or in-field contractors
of consultants working at a worksite for two months
or more.
(2) The City TMP Office shall begin
notifying employers of required Employer Impact Fees
in accordance with the Employer Worksite Plan
Schedule in section 9.16.090(a). Employer Impact
Fees shall be due and paid in full with submittal of
the Employer worksite Plan. The City shall mail
notice of the payment required by this subsection at
least 90 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.
(4) Employers who demonstrate
attainment of a 1.5 AVR shall receive a 40%
reduction in the Employer Annual Impact Fee for the
following year. Employers who demonstrate
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attainment of a 1.5 AVR for two consecutive years
shall receive a 50% reduction in the Employer Annual
Impact Fee for the following year. Employers who
demonstrate attainment of a 1.5 AVR for three
consecutive years shall receive a 60% reduction in
the Employer Annual Impact Fee for the following
year.
(5) Employers who join a TMA certified
by the city shall receive a 25% reduction in the
Employer Annual Impact Fee. Each employer which
demonstrates attainment of a 1.5 AVR shall receive a
40% reduction in the Employer Annual Impact Fee for
the following year, and if they are a member of a
certified TMA, will receive a total fee reduction of
65%. Each employer which demonstrates attainment of
a 1.5 AVR for two consecutive years shall receive a
50% reduction in the Employer Annual Impact Fee for
the following year and if they are a member of a
certified TMA, will receive a total fee reduction of
75%. Each employer which demonstrates attainment of
a 1.5 AVR for three consecutive years shall receive
a 60% reduction in the Employer Annual Impact Fee
for the following year, and if they are a member of
a certified TMA, will receive a total fee reduction
of 85%. Fees charged by the TMA to employers for
its operation and administrative costs shall be
separate from the City's Employer Impact Fee.
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(6) Employers of 100 or more employees
submitting an approved Regulation XV Plan less than
six months old shall be exempt from the Employer
Annual Impact Fee for the first year.
(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 resolution of the City Council.
(2) Fees shall apply to developers who
have not received certificates of occupancy as of
the effective date of the resolution establishing
the fees.
( 3) Developers shall pay the required
fee pr10r to issuance of a building permit.
Developers who have already obtained building
permits must pay the required fee prior to issuance
of a certificate of occupancy.
(4) The following land uses are
encouraged by the City because of their beneficial
impacts and shall receive reductions from the
Developer Impact Fee: supermarkets and pedestrian-
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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 six (6) months of expiration of a
building permit upon verification that construction
of the improvements for which the permit was issued
have not commenced and no extensions of the building
permit have been granted. No interest shall be paid
on any refunded fee.
SECTION 3. Santa Monica Municipal Code section 9.16.070 is
amended to read as follows:
SECTION 9.16.070. Contents of Worksite
Transportation Plans. Employers of 50 or more
employees shall prepare, implement, and monitor
Worksite Transportation Plans for transportation
demand management (TDM) , transportation system
management (TSM) , 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 Transportation Management Coordinator.
The Worksi te Transportation Plan shall undergo an
intensive plan review by the City's Transportation
Management coordinator.
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(a) The Worksite Transportation Plan shall
include some or all of the fOllowing mitigation
measures, and shall include an implementation
schedule for each incentive contained therein:
(I) Education and Marketing: Hire and
fund an 1n-house Transportation Management
Coordinator; participate in a TMA if available or
required.
( 2 ) Parkinq Manaqement:
increase employee parking fees;
preferential carpool and vanpool parking.
(3) Ridesharinq: Conduct
participate 1n Rideshare Matching Program;
vanpools; provide carpool, vanpool, and
subsidies.
Charge or
establish
or
broker
buspool
(4) Transit: Provide transit tokens or
pass subsidies; dedicate land, if required or
approved by the City, for light rail right-of-way I
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) B1cycling: Provide secure bicycle
storage facilit1es; provide showers and lockers;
develop or fund City-approved bicycle paths.
(6) Alternative Work Schedules:
Implement 4/40 work weeks; implement 9/80 work
weeks; implement other flexible work weeks as
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approved by the city's Transportation Management
Coordinator; establish telecommuting program.
(7) Trip Length Reduction: Conduct
outreach in order to facilitate hiring to increase
proportion of employees living within three miles
radius of worksite.
(8 )
Use
of
Clean
Vehicles:
Fuel
Provide incentives to employees who commute in a
clean fuel vehicle.
(9) Other Measures Approved by the
City's Transportation Manaqement Coordinator.
(b) The Worksite Transportation Plan shall
consist of a report that:
(1) Calculates AVR levels for morning
and afternoon peak periods.
(2) Describes the plan incentives to be
offered, and a schedule for their implementation.
(3) Determines the number and
percentage of
participates in
estimates these
year.
(4)
on-site parking
for visitors,
vanpool s , etc.)
year.
the project population that
rideshare activities, by mode, and
statistics for the upcoming plan
Determines the use of COde-required
facilities (Le., number of spaces
single occupant vehicles, carpools,
and estimates use for the upcoming
- 20 -
(5) Determlnes the use of off-site
parking and estimates use for the upcoming year.
(6) Determines the current number of
transit tokens/passes sold to proj ect employees at
full or discounted prices and the estimated number
to be sold in the upcoming plan year.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute and
estimates these numbers for the upcoming year.
(8) Determines the number of employees
who bicycle or walk to work and the number of
bicycle racks, lockers, and shower/locker facilities
on-site and estimates these statistics for the
upcoming year.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines the number of morning
and evening peak period vehicle trips to and from
the worksite, and work related trips.
(11) Identifies and evaluates
objectives of the plan and provides an explanation
of why the plan ~s likely to achieve the AVR target
levels.
(12) Names the designated person or
trained Worksite Transportation Coordinator for each
site who is responsible for the preparation,
implementation, and monitoring of the plan.
- 21 -
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive ~~t~~~t~
J~~~~~t ~~t~~~~ ,tj~~tJ days during which the
majority of employees are scheduled to arrive at the
worksite. This survey must have a minimum response
rate of 75% of employees who report to or leave work
J6~~~~~~ %lfJfJ ~J1tJ ;t~~ )~/~fJ I-J1tJ j~rtJ.}i~J-}l~ Jof~~~I-t
~~t~~@~ ,tj~~t, for the four consecutive hours
between 5:00 a.m. and 11:00 a.m., inclusive, during
which the maj ori ty of the employee worktrips are
qenerated, and 75% of employees who report to work
or leave work between 3:00 p.m. and 7:00 p.m.,
inclusive ~~~~;tt ~~t~}i~~ 'tj~pt.
(14) Includes a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter slgned by the highest ranking official
on site, which includes a description of efforts
taken to involve employees in the development of
commute alternative incentlves, ;t~~ states that
employee notification provisions have been and will
- 22 -
be met, and all data is accurate to the best of the
employer's knowledge.
(17) Describes the general type of
business and any unique aspects, such as seasonal
fluctuations in the number of employees and/or any
business cycles.
(18) A
employees by job
profession, etc.).
listing of
category
the percentage of
(e.g. clerical,
(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) (13) of this Section.
(2) AVR shall be calculated by dividing
the 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.
- 23 -
(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 worksi te with a child or
student, the child or student may be calculated in
the AVR as an additional person in the carpool or
vanpool. Each additional child or student in the
carpool or vanpool shall be calculated as an
additional person at the ratio of one child or
student per one employee.
(4) If two or more employees from
different employers commute in the same vehiele,
each employer must account for a proportional share
of the vehicle consistent with the number of
employees that employer has in the vehicle.
(5) Any employee telecommuting at home
shall be calculated as if the employee arrived to
the worksite in no vehicle. Any employee
telecommuting at a satellite work center which
reduces the employee trip by at least 20 miles one
way for an entire work day shall be calculated as if
the employee arrived at the worksite in no vehicle.
An employee who travels to a work center in a motor
vehicle, which results in a reduction of more than
50 percent of the commute trip distance between home
and the worksite at which the employee regularly
reports to, shall be calculated as if the employee
arrived at the worksite in half a vehicle.
- 24 -
(6) Noncommuting 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 leaving the
worksite. Noncommuting AVR credit is calculated as
arriving at 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
following types of al ternati va fueled vehicles
utilized by employees for work commute trips. The
credit is calculated by reducing 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 December 31, 1997.
Electric vehicles (EV) 10
Compressed Natural Gas(CNG) 6
Built by an original Equipment
Manufacturer/OEM
Flexible Fuel Vehicles operated 5
on Methanol and Built by an OEM
propane vehicles Built by an OEM 5
The following formula must be used when
indicating alternative fueled vehicles in the AVR:
TV = cv + (EV/10) + (CNG/6) + (M/S) + (PIS)
AVR = E/TV
Where: TV = Total Vehicles Arriving at the
worksite.
- 25 -
CV = conventional Motor vehicles.
E = Total Employees in the AVR
Verification Method.
For passenger vans (carrying more than eight
persons to the worksite) that comply with CARB's
zero-emission vehicles standard, the total number of
vehicles (TV) can be reduced by 10 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 following information must be collected
for that travel mode in any AVR verification method
used:
(1) For satellite telecommuting
centers, the distance between the employee's home
and satellite telecommuting center, and the distance
between the employee's home and regular worksite.
(2) For noncommuting, 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 including children and
students, the total number of employees and children
or students in each carpool or vanpool.
- 26 -
(4) For including children 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 Transportation Plans are
required to describe the actions that the employer
took to actively involve employees in the
development of commute alternative incentives.
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 identlfy which effort (5) was
taken.
(f) Each employer filing a Worksite
Transportation Plan is required to notify its
employees of the contents of the plan thirty (30)
days prior to filing tt~ the plan with the city.
Notification must also include information about
when and where employees can review the plan.
Employers must notify employees of plan approval
within thirty (30) calendar days of approval by the
City. Notification of resubmittal or revisions to
the plan shall be provided to employees no later
than fifteen (15) calendar days prior to resubmittal
of the revised plan to the city' s Transportation
Management coordinator. The management commitment
- 27 -
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: total eligible
employee population, vehicle counts, monetary
incentive payments, service commencement dates for
vanpools, usage of company-owned fleet vehicles for
ridesharing or guaranteed ride home programs, a
marketing component which ensures all employees are
regularly informed of all components of the
employer's Worksite Transportation Plan, and the
number of employees telecommuting or working
flexible work hours. Records shall be retained on
si te for at least two years. Approved trip
reduction 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 violatlon of this Chapter.
(h) If the absence of a trained Senior WTPC,
WTPC, Consultant WTPC, or on-site coordinator
exceeds eight consecutive weeks, a substitute WTPC
or On-site coordinator at the same level, must be
designated and trained. Notice of such a change
must be submitted to the city's Transportation
Management coordinator with proof of training no
- 28 -
later than 12 weeks after the beginning of the
absence.
SECTION 4. Santa Monica Municipal Code section 9.16.090 is
amended to read as follows:
SECTION 9.16.090.
of Employer Worksite Plans.
Procedures for SUbmission
(a) The city TMP Office shall begin sending
written notice by certified mail to employers in
accordance with the following schedule:
December 1, 1993
and Dec. 1 of every
year thereafter
December 1, 1994
and Dec. 1 of every
year thereafter
December 1, 1995
and Dec. 1 of every
year thereafter
Each
employer
shall
Employers who employ
100 or more employees
Employers who employ
50-99 employees
Employers who
employ 10-49
employees.
submit
the
City's
to
Transportation Management Coordinator a Worksite
Transportation Plan within ninety (90) calendar days
after the receipt of the notice.
(1) For employers of 100 or more
employees, an approved Regulation XV Plan less than
six months old may be submitted as the Worksite
Transportatlon Plan.
Plan
previously
approved
the
Any Worksite Transportation
by
city's
Transportation Management coordinator shall be in
- 29 -
effect until an updated plan is approved by the
city's Transportation Management Coordinator.
(2) In the event that :t)1~ an employer
reasonably needs more time to submit a Worksite
Transportation Plan, :t~~ ~~~~~t~t ~~1 t)J~ a written
request for ~fi extension may be filed with the
city's Transportation Management Coordinator. All
requests must be received by the City TMP Office no
later than fifteen (15) calendar days prior to the
plan due date, or no later than sixty (60) calendar
days after notification by the city. The City's
Transportation Management Coordinator shall notify
the employer whether or not the extension has been
granted within 15 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 single extension for thirty
(30) 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 submisslon date be extended for more
than 60 days from the initial submission date.
(b) After the employer submi ts the Worksi te
Transportation Plan, the City's Transportation
Management Coordinator must either approve or
- 30 -
disapprove the plan within J~~ ninety (90) 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 Management Coordinator within
thirty ( 30) calendar days of ~)i~ notice of
disapproval or the employer shall be deemed to be in
violation of Chapter 9 .16 of the Municipal Code.
The City has ninety (90) calendar days to review the
resubmitted plan.
(3) Upon receipt of the second
disapproval notice, and until such time as a revised
plan is submitted to the city's Transportation
Management Coordinator, the employer is in violation
of Chapter 9.16 of the Municipal Code.
(4) In the event that the employer
needs more time to revise the Worksi te
Transportation plan, an employer may request an
extension. The extension may only be requested
after the plan has been disapproved for the first
time. All requests for extension must be made in
writing within fifteen (IS) calendar days of the
- 31 -
receipt of plan disapproval. The City.s
Transportation Management coordinator shall inform
the employer in writing within fifteen (15) calendar
days of the receipt of the request for extension
whether or not the extension has been granted.
Extensions for writing a revised plan will not be
extended for more than sixty (60) calendar days from
the initial resubmittal date.
(c) An approved Worksite Transportation Plan
~~p7~y~t P7F~ may be revised between plan submittal
dates by submitting a plan revision in writing to
the City1s Transportation Management coordinator.
Any changes to an approved plan which is in effect,
including, but not limited to, incentives or change
of worksi te transportation plan coordinator at the
si te, must be submi tted in writing to the
Transportation Management coordinator. The revision
shall not be effective until approved by the ~)~t,~
Transportation Management Coordinator in writing.
(d) 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 wri ting , wi thin ten (10) 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
- 32 -
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 the Municipal code,
including the requirement to implement an approved
worksite transportation reduction plan and comply
with applicable deadlines.
(e) A worksite transportation plan shall be
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 disincentives would create a
widespread and substantial disproportionate impact
on minorities, women, low-income or disabled
employees. A plan shall not be disapproved pursuant
to this sUbdivision if it includes such provisions
as are necessary to ensure a reasonable opportunity
for employees to commute by means other than a
single-occupant vehicle and thereby avoid the
- 33 -
disproportionate impact described above. The City's
Transportation Management Coordinator shall provide
the employer an opportunity to review and respond in
writing to information submitted by an employee,
employee representative or employee organization
pursuant to this subdivision. The burden of proof
that a plan should be disapproved pursuant to this
subdivision rests with the employee, employee
representatives, or employee organization submitting
the information.
(f) 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 jurisdiction to make such determinations,
then the employer shall, within forty-five (45)
calendar days, submit a proposed plan revision to
the City'S Transportation Management Coordinator
which shall be designed to achieve an AVR equivalent
to the previously approved plan.
(g) No employer of 100 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 requlrements of filing a Regulation XV plan with
the South Coast Air Quality Management District. If
at any time the city fails to meet its obligations
- 34 -
under the executed agreement, employers of 100 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
Regulation XV requirements. However, this exemption
does not relieve employers from their obligation
under South Coast Air Quality Management District
Regulation VII.
(h) It is the responsibility of all employers
of 100 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.
(i) It is the responsibility of all employers
of 50-99 employees to submit to the City their
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.
(j) It is the responsibility of all employers
of 10-49 employees to submit to the city their
Worksi te Transportation Plan by December I, 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.
(k) It is the responsibility of all employers
subject to Chapter 9.16 of the Municipal Code to
- 35 -
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.
(1) Any employer who establishes a new
worksite in the city of Santa Monica, or whose
employee population increases to more than SO
employees after Deoember 1, 1994, or more than 10
employees after December 1, 1995, including
temporary and part-time employees reporting to a
worksi te 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 reporting
to the worksite, and the name of the highest ranking
official at the worksite. Upon receipt of the
notice, the City shall mail a notification letter to
the employer and ninety (90) calendar days
thereafter the employer shall submit a plan and
shall be subj ect to all provisions of Chapter 9.16
of the Municipal Code.
(m) Any employer who has submitted a plan
pursuant to Chapter 9.16 of the Municipal Code and
whose employee population falls to fewer than 10
employees for a six month periOd, calculated as a
- 36 -
monthly average, may submit a written request to the
ci ty I S Transportation Management Coordinator to be
exempt from Chapter 9.16 of the Municipal 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.
(n) Employers otherwise subject to Chapter
9.16 of the Municipal Code having no employees
reporting to or leaving the works i te between 5: 00
a.m. to 11:00 a.m. and 3:00 p.m. to 7:00 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 Transportation
Management Coordinator, to document that no
employees arrive during the AVR a.m. and p.m.
windows.
SECTION 5. Santa Monica Municipal Code Section 9.16.130 is
amended to read as follows:
SECTION 9.16.130.
Monitoring.
Transportation Mitigation
- 37 -
(a) Annua 1 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
mitigation goals. An annual report shall be
submi tted twelve (12) months from the date of the
ini tial 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. The review and update shall consist
of a report that:
(l) Calculates AVR levels attained
under the approved plan.
(2) Verifies that the plan incentives
have been offered.
(3) Determines the number and
percentage of the project population that
participated 1n rideshare activities, by mode, since
the last reporting date.
(4) Determ1nes the use of Code-required
on-slte parking faCllities (i.e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and the progress made since the last
reporting date.
- 38 -
(5) Determines the use of off-site
parking to achieve rideshare and transit objectives
since the last reporting date.
(6) Determines the number of transit
tokens/passes sold to proj ect employees at full or
discounted prices since the last reporting date.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute.
( 8) Determines the number
bicyclists and the number of bicycle racks
lockers installed since the last reporting date.
(9) Determines the physical condition
of project-related TSM capital improvements.
( 1 0) Determines morning and
peak period vehicle trips to and from site.
(11) Identifies and evaluates
objectives of the plan that did or did not work and
provides an explanation of why the revised plan is
likely to achieve the AVR target levels, listing
additional incentives which can reasonably be
of
and
evening
expected to correct deficiencies.
(12) Provides the name of the
designated p~t%~~ on-site coordinator or trained
Worksite Transportation Coordinator at each site
responsible for the preparation, implementation, and
monitoring of the plan.
- 39 -
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. For
employers with 100 or more employees, the survey
must conform with the South Coast Air Quality
Management
This survey
District employee
must be taken
survey requirements.
over five consecutive
~~t~~~t~ l~~~~~1 ~~t~~~~ rtt~~11 days. This survey
must have a minimum response rate of 75% of
employees who report to or leave work for the
consecutive four hour period between j5/~~ 5:00 a.m.
and J91j~" 1.1.:00 a.m., inclus1ve, during which the
majority of employee work trips are generated ~~~~~1
t#t'~JLtJ# rtlfiil1, and 7 5~ percent of employees who
report to ytpt)C or leave work between 3: 00 p.m. and
7:00 p.m., inclusive ~~~p~t ~~t~~g~ ltj~~1.
(14) Provides a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
an site.
(17) Provides a
general type of business and
description of the
any unique aspects,
- 40 -
"-
such as seasonal fluctuations in the number of
employees and/or any business cycles.
(18) 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 (10) days notice of such
an audit.
An audlt 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
subject 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.
SECTION 6.
The following section numbers referenced in
Ordinance 1679(CCS) are renumbered as follows: section 9.12.070
is renumbered section 9.16.070; section 9.12.090 is renumbered
Section
9.16.090;
Section
9.12.110
lS
renumbered
section
9.16.110, and Section 9.12.120 is renumbered Section 9.16.120.
- 41 -
---...
~
SECTION 7.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to effect the provisions of this ordinance.
SECTION 8.
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
remaining 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 lnvalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 9. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~
~ENCE
city Attorney
- 42 -
.3"'"4>