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SR-8-A (144) F \atty\munl\strpts\bar\tmp2d sr City Council Meeting 3-23-99 Or&".+ [q:;g ((5 (r"S~,,&, 3-fb-<f1/ 'if-It) gA MAR 2 3 1999 Santa Monica, California TO Mayor and City Council FROM City Attorney SUBJECT Ordinance Amending Sections 9 16 030, 9 16050, 9 16070, 9 16 080, 916090, 916130, and 916140 of the Santa Monica Municipal Code Relating to the City's Transportation Management Plan Ordinance by Updating Terminology to Reflect Industry Standards, Addressing Changes In Air Quality Regulations, and ClarifYing EXisting Law INTRODUCTION At Its meeting on March 16, 1999, the City Council Introduced for first reading an ordinance amending various Sections of the Santa Monica Municipal Code relating to the City's Transportation Management Plan Ordinance by updating terminology to reflect Industry standards, addreSSing changes In air quality regulations, and clarifying eXisting law The ordinance IS now presented to the City Council for adoption RECOMMENDATION It IS respectfully recommended that the accompanYing ordinance be adopted PREPARED BY Joseph Lawrence, Acting City Attorney ~Pr MAR 2 3 1999 CA f \atty\munl\laws\barry\tmp2.ord City Council Meeting 3-23-99 Santa Monica, California Ordinance Number 1938 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 916.030,916050,916070,9.16.080,916090, 916130, AND 9 16 140 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE CITY'S TRANSPORTATION MANAGEMENT PLAN ORDINANCE BY UPDATING TERMINOLOGY TO REFLECT INDUSTRY STANDARDS, ADDRESSING CHANGES IN AIR, QUALITY REGULATIONS, AND CLARIFYING EXISTING LAW WHEREAS, on November 12, 1991, the City Council adopted the Transportation Management Plan Ordinance ('iMP") which requires that employers of ten or more employees file an annual employee commute reduction plan with the City to reduce home- to-workslte tripS and produce an average vehicle occupancy for those tripS of 1 5 persons per vehicle, and WHEREAS, City staff periodically reviews the TMP to ensure that thiS ordinance IS mamtalned current With Industry standards and With regional air pollution rules and state laws, and WHEREAS, the City Council last revised the TMP In April 1996, and WHEREAS, the proposed changes to the TMP are necessary to update the terminology utilized In the ordinance to reflect Industry standards, to address changes In regional air quality regulations, and to clarify eXisting law based on staff experience With the ordinance's Implementation NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Section 916030 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows SECTION 9 16 030 Definitions. The follOWing words and 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 EmiSSion Reduction Plan Average Vehicle Ridership (A VR). The total number of employees who report to or leave the workslte 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 the five-day period must represent the five days dUring which the majority of employees are scheduled to arrive at the workslte 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 morning AVR uSing a weekly averaging period for an employer With 300 employees all reporting to work weekdays between 6 00 a m and 10 00 a m IS 2 Employees reporting to work Monday 300 Tuesday 300 VVednesday 300 Thursday 300 Friday 300 Total 1500 Number of vehicles driven to the workslte by these employees Monday 270 Tuesday 250 Wednesday 280 Thursday 265 Friday 262 Total 1327 In this example, AVR IS arrived at by dividing the number of employees reporting to work between 6 00 a.m and 1000 a.m dUring the week (1500) by the number of vehicles driven to the workslte between the same hours dUring the week (1327) 1500 = 113 AVR 1327 A similar calculation IS reqUired for obtaining the afternoon peak period AVR for commute tripS to and from the workslte between 3.00 pm and 7 00 p,m AVR Target. The AVR that a EmiSSion Reduction Plan IS designed to achieve for a particular workslte. The AVR target for worksltes In Santa MOnica IS 1 5 AVR 3 AVR Verification Method. A method approved by the City's Transportation Management Coordinator for determining an employer's current AVR AVR Window. The period of time comprised of both hours and days used to calculate AVR (I e ,600 am -1000 a.m and 300 pm - 700 pm) Carpool. A motor vehicle occupied by two (2) or more persons traveling together to and from the workslte for the maJonty (at least 51%) of the total commute. Clean Fuel Vehicle or Alternative Fuel Vehicle. A motor vehicle capable of operating on liqUid petroleurn gas (P), methanol (M), compressed natural gas (NG) or electriCity (ZE.V ), and certified by the California Air Resources Board (CAR B) as clean fuel vehicle Commute Trip. A home-to-work or work-to-home trip Compliance Inspection. An unannounced inspection by the City of an employer's actiVities related to the fulfillment of ongoing Implementation and monitoring of an approved EmiSSion Reduction Plan. Compressed Work Week. ThiS applies to employee(s) who, as an alternative to completing the baSIC work requirement In five. eight-hour workdays In one week are scheduled In a manner which reduces vehicle tripS to the worksjte The recognized compressed work week schedules for purposes of Chapter 916 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) 4 Consultant ETC. A person that meets the requirements of and that serves as an ETC at a single workslte for an employer other than the Consultant ETC's employer Developer. Any person responsible for development of a non- residential development project that Will result In ten (10) or more peak period trips. Disabled Employee. An individual with a phYSical or mental Impairment which prevents the Individual from complYing with the employer's emiSSion reduction plan Emission Reduction Plan (ERP). A plan Intended to reduce emiSSions related to employee commutes and to meet a workslte specific emiSSion reduction target for the subsequent year. Emission Reduction Plan Appeals Board (ERP Appeals Board). The administrative review body for decIsions of the City'S Transportation Management Coordinator The ERP Appeals Board shall consist of the Transportation Planning Manager, the Director of Planning and Community Development, and an at-large member appointed by the City Council The Transportation Planning Manager and the Director of Planning and Community Development may designate an employee from his or her divIsion or department as his or her representative. Emission Reduction Target (ERT) The annual VOC, NOx, and CO emiSSions required to be reduced based on the number of employees per workslte and the employee emiSSion reduction factor i5 Employee. Any person employed by a person(s), firm, business. educational institution, nonprofit agency or corporation, government agency or other enbty who reports to work at a single workslte for SIX months or more, excluding paid resident students working on a school campus Temporary employees, part-time employees, field construction workers and Independent contractors shall be treated as defined Employee Transportation Coordinator (ETC). The designated person, with appropriate training as approved by the City who IS responsible for the development, Implementation and mOnitoring of the Employee Trip Reduction Plan The ETC must be at the workslte a minimum of fifteen hours per week or have a certified On-site Coordinator at the workslte a minimum of fifteen hours per week All workslte-related information must be kept at the workslte Employee Transportalion Coordinators shall partiCipate In City-sponsored workshops and Information roundtables Employee Trip Reduction Plan (ETRP). A plan for Implementation of strategies that are designed to reduce employee commute tripS dUring the AVR windows Employer. Any public or private employer, including the City of Santa Monica, having a permanent place of business in the City and emploYing 10 or more employees Field Construction Worker: An employee who reports directly to work at a construction site outSide the City of Santa Monica for the entire day, an average of at least SIX months out of the year These employees will 6 not be calculated In the A VR, but shall count as part of employee population when figuring the Employer Annual Impact Fee Holiday. Those days designated as National or State Holidays, or religiOUS or other holidays In which more than 10% of the employee population observes by not reporting to work These days shall not be Included In the AVR survey week, Independent Contractor. An employee who enters into a direct written contract or agreement With an employer to perform certain services and IS not on the employer's payroll These employees shall be treated as Temporary Employees Level of Service (LOS). A term to desCribe prevailing and projected traffic condllions on a roadway and IS expressed by delay and the ratio of volume/capacity (V/C) SIX levels of service are designated "A" through "F " "A" desCribes a free flowing condition and "F" desCribes forced traffic flow conditions With severe capacity defiCiencies and delays. ThiS definition IS based on the Highway Capacity Manual Transportation Research Board SR 209 (1985). Low Income Employee. An IndiVidual whose salary IS equal to or less than the current IndiVidual Income level set In California Code of Regulations, Title 25, Section 6932, as lower Income for the county In which the employer IS based. Higher Income employees may be conSidered to be "lOW-Income" if the employee demonstrates that the plan dlslncenlive would create a substantial economic burden 7 Monitoring. The techniques used to assess progress towards complYing with the transportation management plan Multi-Site Employer. Any employer which has more than one workSlte within the City of Santa MOnica, or more than one workslte In the South Coast Air Basin with one or more of those sites located In the City of Santa Monica Multi-Tenant Worksite. A structure, or group of structures, on one workslte where more than one employer conducts a business. On-Site Coordinator: An employee who serves as on-site contact for employees at a workslte served by a Consultant ETC, or for an employer with more than one workslte located In the City of Santa Monica Parking Cash-Out. Assembly Bill 21 09 that requires employers with fifty or more employees who lease their parking and SUbSidize all or part of that parking to Implement a Parking Cash-Out Program Employers who fall under the purview of parking cash-out must offer their employees the option to give up their parking spaces and receive a cash subsidy In an amount equal to the cost of the parking space. Employers who are subject to parking cash-out requirements must Implement a parking cash-out plan Employers who do not Implement a parking cash-out plan Will have their EmiSSion Reduction Plans disapproved Part.Time Employee. Any employee who reports to a workslte on a part-time basIs fewer than 32 hours per week, but more than 4 hours per week These employees shall be Included In the AVR calculations of the 8 employer provided the employees report to or leave the workslte dUring the A VR window Peak Period. In the morning, the peak period Includes the hours from 600 a m to 10'00 a m In the everling, 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 workslte or a work related triP Within the peak period. 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 Performance Target Zone. A geographic area that determines the employee emiSSion reduction factor for a particular workslte. Santa Monica IS located In Zone 2 Preferential Parking. 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 parking spaces proVided for Single occupant vehicles Remote Sensing. An emiSSions reduction strategy In which gross- polluting vehicles are Identified by exhaust gas analyzers Remote sensors measure absorption changes In the Infrared or ultraViolet light spectrum and 9 correlates that change to exhaust emiSSion levels Emission reductions resulting from the subsequent repair of the Identified vehicles can be used to meet commute emiSSion reduction targets Ridesharing. Any mode of transportation other than a single occupancy vehicle that transports one or more persons to a workslte South Coast Air Quality Management District (SCAQMD), The air quality control agency that mOnitors and enforces air quality regulations In Los Angeles, Orange, Riverside, and San Bernardino Counties. Telecommuting. Any employee(s) working at home, off-site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing travel distance by more than 50% Temporary Employee. Any person employed by an employment service or a "leased" employee, that reports to a workslte other than the employment service's workslte, under a contractual arrangement With a temporary employer Temporary employees are counted as employees of the employment service for purposes of calculating AVR. Temporary employees reporting to the workslte of a temporary employer for a consecutive period of more than SIX months shall count as an employee of the temporary employer and shall be calculated In the A VR The temporary employee shall also be considered an employee when figunng the Employer Annual Impact Fee 10 Temporary Employer. Any employer who "leases" an employee from an employment service, or who hires an Independent contractor as defined Training Provider A person, firm, busmess, 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 and the City of Santa Monica's Transportation Management Coordinator to prOVide training, as reqUired by Chapter 9 16 of the MUnicipal Code, to Employee Transportation Coordinators (ETCs) Transportation Demand Management ("TOM"). The Implementation of strategies that Will encourage IndiViduals to either change their mode of travel to other than a Single occupancy vehicle, reduce trip length, eliminate the trip 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 that Includes new construction of the eXisting systern or construction of a new system Transportation Management Association ("TMA"). A group formed so that employers, employees, and developers can collectively address community transportation related problems Transportation Management Associations may be formed to ImplementTDM, TSM, and/orTFD strategies In employment clusters or at multi-tenant worksltes The primary function of a TMA IS to pool resources to Implement solutions to commuter-related 11 congestion problems In conjunction with the City Transportation Coordinators The City may Identify employment clusters or multi-tenant worksltes where an employer organization such as a TMA should be formed Transportation System Management ("TSM"). Strategies designed to Improve traffic flow through modifications In, or coordination of, the operation of eXisting facIlities Trip Reduction. The reduction In single occupant vehicle tripS by private or public sector programs used during peak periods of commuting. Vanpool. A van or similar motor vehicle In which 7 or more persons commute to and from the workslte Vehicle. A passenger car or truck used for commute purposes including any motorized two wheeled vehicle Vehicles shall not Include bicycles, transit vehicles, buses serving multiple worksltes, or vehicles that stop only to load or unload passengers or materials at a workslte while on route to other worksltes. Work Place or Worksite A building, part of a bUilding, or grouping of bUildings located Within the City which are In actual phYSical contact or separated solely by a private or public roadway, and are owned or operated by the same employer Employers may opt to treat more than one structure, bUilding, or grouping of bUildings as a Single workslte even If they do not have the above characteristics If they are owned or leased by the same employer, and are wholly located Within the City of Santa Monica Structures 12 that are located more than Y, mile away from each other must have a certified ETC or On-Site Coordinator at each site Worksite Transportation Plan (nWTP") A plan for Implementation of marketing strategies designed to provide employees with information about alternative commute options required by employers of 10-49 employees SECTION 2 Section 9 16.050 of the Santa Monica MUnicipal Code IS hereby amended to read as follows SECTION 9 16050. Transportation Fee. (a) Employer Annual Transportation Fee. There shall be an Employer Annual Transportation Fee The purpose of the Employer Annual Transportation Fee IS to pay for the costs of administration and enforcement of thiS Chapter The amount of the fee shall be established and from time to time amended by resolution of the City CounCil (1) Employers of 50 or more employees filing Employee Trip Reduction Plans (ETRPs) and employers of 10-49 employees filing Workslte Transportation Plans (WTPs) shall pay an annual transportation fee calculated uSing the follOWing formula' Fee = (Number of Employees) x (Employee Cost Factor) The employee cost factor equals (A) $6 00 per employee for ernployers With 50 or more employees (B) $800 per employees for employers With 10 - 49 employees. 13 (2) The Annual Transportation Fee for employers of fifty or more employees who choose to Implement the Emission Reductions Options described In Section 9.16 070 (a) - (d) shall be established and from time to time amended by resolution of the City Council (3) For purposes of calculating an employer's annual transportation fee, the definition of employee shall Include full-time, part-time, temporary, seasonal, at-home or In-field contractors of consultants working at a workslte for an average of SIX months or more (4) Employers shall be notified of the Employer Annual Transportation Fee when they receive notice to submit an ERP or WTP In accordance with Section 9 16 090 Employer I mpact Transportation Fees shall be due and paid In full with the submittal of the ERP or WTP The City shall mall notice of payment required by thiS subsection at least 90 calendar days prior to the due date (5) Once the Employer Annual Transportation Fee reqUIred pursuant to thiS SectJon has been paid, there shall be no refunds. (6) Employers of fifty employees or more who Implement an Employee Trip Reduction Plan and demonstrate attainment of a 1 5 a m and pm AVR shall receive the follOWing reductions In their Employer Annual Transportation Fees' (A) Attainment of a 1 50 a m and pm. AVR for one year shall result In a 40% reduction of Employer Annual Transportation Fees 14 (B) Attainment of a 1 50 a m and p m AVR for two consecutive years shall result In a 50% reduction of Employer Annual Transportation Fees (C) Attainment of a 1.50 a m and p m A VR for a period of three or more consecutive years shall result In a 60% reducllon of Employer Annual Transportation Fees (7) Employers of fifty or more employees who JOin a TMA certified by the City shall receive a 25% reduction In the Annual Employer Transportation Fee ThIS reduction shall be In additIon to any fee reduction the employer IS awarded for attainment of a 1 5 a m and p m AVR Fees charged by the TMA to employers for Its operation and administrative costs shall be separate from the City's Employer Transportation Fee (b) Developer Impact Fee: The purpose of the developer Impact fee IS to defray the costs of providing transportallon 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 15 (3) Developers shall pay the required fee pnor to Issuance of a bUlldmg permit Developers who have already obtained bUilding perrmts 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 oriented uses on the ground floor of a multi-story bulldmg Both the Impact Fee and the reduction shall be established by resolution (5) Refunds ofthe Developer Impact Fee shall be made upon 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 have been granted No Interest shall be paid on any refunded fee SECTION 3 Section 9 16.070 of the Santa Monica MUnicipal Code IS hereby amended to read as follows' SECTION 9 16 070 Contents of Emission Reduction Plans. Employers of 50 or more employees are required to submit to the City, Within ninety days of notification, an EmiSSion Reduction Plan deSigned to reduce emiSSions related to employee commute tripS and to meet specific emiSSions reduction targets Specified for the subsequent year The annual EmiSSion Reduction Target (ERT) shall be determined according to the follOWing equation for VOC, NOx, and CO, based on employee emiSSion 16 reduction factors specified In paragraph (j) of this Section Any employer who falls under the purview of Assembly Bill 21 09 shall Implement a Parking Cash-Out Program. Failure to do so will result In the disapproval of an employer's ERP [ERT (In Ibs per year)] = [{employees} x {employee emiSSion reduction factor}] - {vehicle trip emiSSion credit} Where Employee Average dally number of employees reporting to work In the window Employee EmiSSion Reduction Factor Determined by the year of the plan submittal as defined In Paragraph (j) of this Section Vehicle Tnp Emission Credits Determined according to paragraph (j) of this Section Each employer shall choose one or more of the following options In Implementrng their Emissions Reduction Plan Old Vehicle Scrapping Remote Sensing Other Work-Related Tnp Reductions Alternative Fuel Vehicles 17 Employee Trip Reduction Plan (a) Old Vehicle Scrapping. In order to meet their emiSSion reduction target, any employer of fifty or more employees may scrap old vehicles by purchasing Mobil Source Emission Reduction Credits (MSERCs) from an SCAQMD licensed Vehicle Scrapper/Broker, In accordance with SCAQMD Rule 1610 (1) All Scrappers/Brokers must be licensed by the SCAQMD and adhere to SCAQMD Rule 1610 requirements (2) An annual plan indicating the amount of credits purchased and the amount of emiSSions reduced must be submitted to the City'S Transportalion Management Coordinator each year (3) MSERCs must be transferred to the City MSERC Account no later than 180 days after the approval ofthe ERP by the City's Transportation Management Coordinator (4) Employers choosing this option must do so for a minimum period of three years (b) Remote Sensing. Any employer of fifty or more employees may Implement a Remote Sensing Program to earn credit towards their emiSSion reduction target EmiSSion reductions obtained from the Implementation of remote sensing shall be determined according to the follOWing equation [emission reductions In Ibs per year] = [{pre-repair emiSSion rate In Ibs per mile} - 18 {post-repair emiSSion rate In Ibs per mile}] x [miles traveled] When Pre-Repair Measured Emission rate prior to work Post-Repair Measured emission rate Immediately following repair work Miles Traveled Number of miles traveled following repair work until the next regularly scheduled California Inspection and Maintenance Smog Check (1) Vehicles used In the Remote Sensing Program may come from any source (I e., employee vehicles, fleet vehicles, non-employee vehicles) Employers shall not require employees to repair their vehicles (2) An annual plan must be submitted to the City's Transportation Management Coordinator indicating (A) The number of vehicles repaired (B) The measured emiSSion rates of each vehicle before repair (C) The measured emiSSion rates after repair (D) The number of miles traveled for each vehicle follOWing repair work until the next regularly scheduled California Inspection Maintenance Smog Check (E) Calculations indicating the EmiSSion Reduction Target has been met 19 (c) Other Work-Related Trip Reductions. Employers of fifty or more employees may receive Vehicle Trip Reduction Credits (VTEC) towards meeting their Emission Reduction Targets from employee commute reductions that occur outside of the morning and evening peak windows. VTEC obtained from work-related tnp reductions shall be determined according to the follOWing equation VTEC = [CTR] x [EF] [CF] Where CTR (Creditable Trip Reductions) The dally average of one- way trip reductions that are real, surplus, and quantifiable. A round trip IS conSidered to be two one-way tripS CF (Conversion Factor) 2.3 for non-peak tripS EF (EmiSSion Factor) EmiSSion Factor In paragraph (J) of thiS Section Employers must submit an annual report to the City's Transportation Management Coordinator mdlcatlng the number of commute-related non- peak tripS reduced and the amount of emiSSions reduced (d) Alternative Fuel Vehicles. Employers may receive VTEC for the use of alternative fueled vehicles (original eqUipment manufacturer or 20 converted) for commute or other work-related tripS according to the following formula [VT(NG)] x [0 83] x [EF] + [VT (M) x [ 80] x [EF] + [VT (P)] x [ 80] x [EF] + [VT (ZEV)] x [EF] Conversion Factor (CF) Where. Number of Vehicle Tnps from compressed natural gas vehicles Number of Vehicle Trips from flexible fuel vehicles operated on Methanol Number of Vehicle Tnps from propane of LPG vehicles Number of Vehicle Tnps from electnc or zero- emiSSion vehicles EmIssion Factor from paragraph u) of this Section CF 2 0 for peak window tripS, 2.3 for other tripS Employers shall submit annual plans to the City's Transportation Management Coordinator indicating the number of Alternative Fuel Vehicles Trips, the type of alternative fuel vehicles used, and the emiSSion reduction target calculations VTEC = VT(NG) VT(M) VT(P) VT(ZEV) EF 21 (L) Identifies the objectives ofthe plan and prOVides an explanation of why the plan IS likely to achieve the AVR target levels. (M). Includes a Parking Cash-Out Plan If reqUIred (N) Includes a management commitment cover letter Signed by the highest ranking offiCial on SIte, orthe executive responsible for allocating the resources necessary to Implement the plan, which Includes a description of efforts taken to Involve employees In the development of commute alternative strategies, a statement that employees have been notified of plan provISions at least thirty days before plan submission date, and that all data IS accurate to the best of the employer's knowledge (3) The ETRP shall be updated every 12 months, With an annual report submitted on the anniversary date of the inItial plan approval date The Annual Employee Trip Reduction Plan shall Include the following' (A) A VR calculations and documentation for the plan year (B) Lists plan IncentiveS, changes to plan inCentives, and a schedule for their Implementation (C) Determines a marketing strategy, mdlcatlng changes from the prevIous plan year (0) Determines the use of workslte parking facilities to achieve rldeshare and transit objectives (i e , number of spaces for carpools and vanpools, ete ) (E) Lists the bicycle paths and routeswlthm Y. mile oftheworkslte (F) Lists public transit services within 1 f4 mile of the worksite. 24 (G) Provides a description of the general type of business (H) Includes a sample of the employee survey for the plan year as described In paragraph (2) of this Section (I) Provides the name and proof of eertlficatlon of the Employee Transportation Coordinator who IS responsible for the preparation, Implementation and mOnitoring of the plan (J) Provides the name ofthe On-Site Coordinator (If different from the ETC) for each site who IS responsible for Implementation and mOnitoring of the plan (K) Identifies the objectives of the plan and provides an explanation of why the plan IS likely to achieve the A VR target levels. (L) Includes a management commitment letter as defined In paragraph (2) of thiS Section (M) Includes update and revIsions to the ETRP as the City's Transportation Management Coordinator deems appropriate, If the annual report indicates that the goals of the previously approved ETRP have not been met (4) The procedure for calculating AVR at a workslte shall be as follows (A) The AVR calculation shall be based on date obtained from an employee survey as defined In paragraph (2) of thiS Section (B) AVR shall be calculated by dividing the number of employees who report to or leave the workslte by the number of vehicles arriving at or 25 leaving the workslte dUring the peak periods All employees who report to or leave the workslte that are not accounted for by the employee survey shall be calculated as one employee per vehicle arriving at or leaving the workslte Employees walking, bicycling, telecommuting, uSing public transit, arriving at the workslte In a zero-emission vehicle, or on their day off under a reeognlzed compressed work week schedule shall be counted as employees arriving at or leaving the workslte Without vehicles Motorcycles shall be counted as vehicles (C) A child or student may be calculates In the AVR as an additional passenger In the carpool/vanpoollfthe child or student travels In the car/van to a workslte or sehool/childcare facility for the maJonty (at least 51 %) of the total commute (0) If two or more employees from different employers commutes In the same vehicle, each employer must account for a proportional share of the vehicle consistent With the number of employees that employer has In the vehicle (E) Any employee dropped off at a workslte shall count as arriving In a carpool only If the driver of the carpool IS continuing on to his/her workslte (F) Any employee telecommuting at home, off-Site, or at a telecommuting center for a full work day, eliminating the trip to work or redUCing the total travel distance by at least 51 % shall be calculated as If the employee arrived at the workslte In no vehicle 26 (G) Additional credits towards an employer's AVR target shall be granted for the use of any of the follOWing types of alternative fueled vehicles arriving at or leaving the workslte Compressed Natural Gas (NG) 8 Propane Vehicles (P) 8 FleXible Fuel Vehicles operating on Methanol (M) .83 The follOWing formula must be used when indicating alternative fueled vehicles in the AVR WCT(NG) + WCT(P) + wrC(M) = AFC WCT Total Weekly Commute Trips AFC Total Alternate Fuel Credits (H) Zero EmiSSion Vehicles (electriC vehicles) shall be calculated as zero vehicles arriving at the workslte (5) Employers must keep detailed records ofthe documents which verify the Average Vehlele Ridership calculation for a period of two years from plan approval date Records which verify strategies In the ETRP have been marketed and Implemented shall be kept for a period of at least two years from plan approval date Approved ETRPs must be kept at the workslte for a period of at least three years from plan approval date For employers who Implement their plans USing a centralized rldeshare service center, records and documents may be kept at a centralized location 27 Failure to maintain records, or falsification of records Will be deemed a violation of this Chapter (fJ Minimum Requirements. Employers Implementing options (a), (b), (c), or (d), as defined In this seetlon must meet the follOWing minimum plan requirements (1) Conduct an AVR survey In accordance with the requirements of Section 9.16070(e)(2)(I) In order to receive Commute Trip Reduction Credits (CTRCs) for employees who rldeshare to and from the workslte (A) Failure to survey employees shall result in a default AVR of 1 0 (B) In conducting the survey, employers must choose either the a m Window (600 a m. to 10'00 a.m.) orthe p m Window (3'00 pm to 7 00 pm) depending on which Window reflects the time period when the majority of employee tripS occur (2) Marketing Plan Employers shall Include a marketing plan to educate employers about alternative commute options by making Information available to employees Information shall be posted at the workslte, or distributed to each employee at the workslte (3) Information shall be updated annually (g) Extensions In the event that an employer reasonably needs more time to submit an EmiSSion Reduction Plan, a written request for extension may be filed With the City'S Transportation Management Coordinator All requests must be received by the City TMP Office no later 28 than fifteen calendar days pnor to plan due date Such requests must be made In wntlng and shall state why such extension IS requested, what progress has been made toward developing the ERP, and for what length of time the extension IS 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 (1) An employer may request an extension up to sixty days for the Initial submittal of a plan (2) An employer may request an extension of up to thirty days to complete a revised plan (3) An employer may, upon receipt of a wntten objection to the terms of the proposed plan by an employee, employee representative or employee organization, request a Single extension for thirty calendar days A copy of the written objeetlon must be attached to the request Only one such request shall be granted by the City, no subsequent extension may be granted for thiS purpose (4) The City's Transportation Management Coordinator, at his or her discretion, may grant extensions beyond sixty days In the event of an extreme emergency Each employer's request shall be reviewed on an IndiVidual basIs (h) Plan ReVISions An approved ERP may be revised between plan submittal dates by submitting a plan reVISion In writing to the City's 29 Transportation Management Coordmator Any changes to an approved plan which IS In effect must be submitted In wrltmg to the Transportation Management Coordmator The reVISion shall not be effective until approved by the Transportation Management Coordinator m wntmg (1) Ifthe Transportation Management Coordinator determines that the ERP marketing strategy IS not being carried out to the fullest extent, the Transportation Management Coordinator may require the employerto submit quarterly marketing reports that Include examples of the marketmg strategies Implemented for eaeh quarter. (2) If It IS necessary for an employer to amend an ERP before the plan can be approved, the employer shall have fifteen days from the date of notice In which to submit amendments to the Transportation Management Coordinator Employers failing to submit the amendments shall have their ERP disapproved (3) The Transportation Management Coordinator shall not approve any plan or plan reVISions If the employer, an employee, an employee representalive or organization requests, In wntlng, Within ten calendar days of plan submittal, that the Transportation Management Coordmator delay such action for a period of time not to exceed the 90th calendar day after plan submittal. Ifthe 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 obJectlon(s) Upon recelvmg such a request, the Transportation Management Coordinator 30 shall maintain neutrality With respect to any negotiations regarding the ERP Nothing In this paragraph shall be construed to affect the requirement to Implement an approved ERP and comply With applicable deadlines (4) An ERP shall be disapproved If any employee(s), employee representative, or employee organization submits information demonstrating that (A). The plan Includes strategies. such as parking charges; and (B) Such strategies would create a widespread substantial disproportionate Impact on minOrities, women, low-income or disabled employees A plan shall not be disapproved pursuant to this subdiVIsion If It Includes proVIsions as are necessary to ensure reasonable opportunity for employees to commute by means other than a Single-occupant vehicle and thereby aVOid the disproportionate Impact described above. The City's Transportation Management Coordinator shall proVide the employer an opportunity to review and respond In 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 representative or employee organization submitting the Information (5) If a final determination that an element of an approved ERP Violates any provIsion of law Issued by any agency or court With JUriSdiction to make such determinations, then the employer shall, Within forty-five calendar days, submit a proposed plan reVISion to the City's Transportation 31 Management Coordinator which shall be designed to achieve an AVR equivalent to the previously approved plan (I) Employee Transportation Coordinators Employers of fifty or more employees shall designate a certified Employee Transportation Coordinator (ETC) or an ETC and an On-Site Coordinator for each workslte Included In the Emission Reduction Plan (1) An employer may elect to use a Consultant ETC or a TMOITMA In lieu of an ETC provided the Consultant ETC or the TMOITMA staff has received certified training and the site maintainS an On-site Coordinator. (2) If the absence of a certified ETC, Consultant ETC, or On-Site Coordinator exceeds eight conseeutlve 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 oftralning no later than 12 weeks after the beginning of the absence. (3) ETCs are not required to attend yearly update training (4) On-Site Coordinators are not reqUired to be certified provided the ETC or Consultant ETC IS certified and writes and administers the ERP 0) Emission Reduction Factors: The follOWing emiSSion factors shall be used In calculations pursuant to thiS rule 32 (1) The follOWing employee emiSSion reduction factors (pounds per year per employee)shall be used In determining the EmiSSion Reduction Target for the current plan year EmiSSion Year VOC NOx CO 1998 584 442 4514 1999 512 411 4001 2000 440 3.80 3519 2001 410 3.39 3283 (2) The follOWing default emiSSion factors (pounds per year per dally commute vehicle) may be used In determining vehicle trip emiSSion credits' EmiSSion Year 1998 1999 2000 2001 VOC 17 15 13 12 NOx 13 12 11 10 CO 132 117 103 96 SECTION 4 Section 9 16 080 of the Santa MOnica MUniCipal Code IS hereby amended to read as follows SECTION 916080 Requirements For Employers of 10-49 Employees. (a) All employers of 10to49 employees shall be reqUired to attend a City-sponsored training seminar upon nollficallon and submit a Workslte 33 Plan (WTP) to the City m accordance with the procedures set forth In this Section This plan shall Include at a minimum (1) Workslte location (2) The name and title of the highest rankmg offiCial at the site (3) The name and phone number of the designated On-Site Contact who has attended a City-sponsored tramlng program and IS responsible for the Implementation of the WTP (4) The number of employees at the Site, and proof of employee population (I.e., payroll records, unemployment Insurance records, or any records approved by the Transportation Management Coordmator) (5) Descnptlon of the type of business (6) Descnptlon of anyon-site amenities (7) Location of the kiosk or bulletm board and a description of the Information displayed (8) Lists the public transit servlees wlthm 1f4 mile of the workslte (9) Lists the bicycle paths and routes Within Y. mile of the worksrte (10) Includes a management commitment letter signed by the highest ranking offiCial at the site (b) Employers of 10-49 employees shall make, at a minimUm, the follOWing mformatlon available to each employee (1) Carpooling/vanpoolmg Informalion, mcludlng information about the services provided by the regional ndesharlng agency and their phone numberl 34 (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 bleycle maps, locations of nearest bicycle racks, or locker storage facilities, and bicycle safety information (5) Information on walking to work, pedestrian safety and walking shoe information (6) Make Information available to new employees upon date of hire (c) Employers of 10 to 49 employees shall submit a WTP within sixty days of notification by the City (d) Employers of 10 to 49 employees shall submit yearly updated WTP In accordance With this section Employers who fail to submit an Initial plan, reVised plan, or updated plan when required, shall be In Violation of this Chapter (e) After an employer submits the WTP, the City's Transportation Management Coordinator must either approve or disapprove the plan Within sixty days (1) Notice of approval or disapproval shall be given by mall If the Workslte Plan IS disapproved, the reasons 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 calendar days of notice 35 of disapproval or the employer shall be deemed to be In Violation of Chapter 9 16 of the MUnicipal Code The City has sixty 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 SECTION 5 Seclion 9 16 090 of the Santa MOnica MUniCipal Code IS hereby amended to read as follows SECTION 9 16 090 Procedures for Submission of Emission Reduction Plans and Worksjte Transportation Plans. (a) All employers With fifty or more employees, located Within the City of Santa Monica, and subject to thiS Chapter shall submit to the City, Within 90 days of reeelpt of notice to Implement, an ERP deSigned to reduce emissions related to employee commutes and to meet a workslte speCific emiSSion reduction target (ERT) speCified pounds of emiSSions per employee for the subsequent year ThiS emiSSion reduction program shall be In the form of an ERP (b) Employers of fifty or more employees shall Identify measures In their ERP that Will result In attainment of their emiSSion reduction targets through one or all of the EmiSSion Reduction Options speCified In Section 9 16070 Within ninety days of notification by the City 36 (c) Employers of 10-49 employees are required to submit WTPs as defined In Section 9 16 080 within sixty days of notification by the City (d) Multi-site employers of 250 or more employees, with one or more sites located outside of the City of Santa MOnica but within the South Coast Air Basin, have the option of filing a Rule 2202 plan with the SCAQMO, or filing an ERP with the City of Santa Monica Employers choosing to file a rule 2202 plan with the SCAQMO will be required to notify the City'S Transportation Management Coordinator in wntlng no later than fifteen days pnor to the plan due date (e) Upon the City Transportation Management Coordinator's approval of a written request, an employer may submit a Single ERP or WTP encompassing all worksltes subject to the requirements of thiS Chapter If the worksltes are owned or leased by the same employer and located wholly Within the City of Santa Monica (fJ All employer ERP's and WTP's shall be consistent With any plans previously submitted by the developer of the property at which the workslte IS located (g) If an employer's ERP 0 r WTP due date falls on a day City Hall IS normally closed (I e , weekend, holiday, 9/80 Fnday off), the employer may submit the ERP or WTP on the first business day after the plan due date (h) If an ERP or WTP IS mailed to the City, the plan must be postmarked before the plan due date If the plan IS postmarked on or after 37 the plan due date, the plan shall be considered late and the employer shall be considered to be In Violation of this Chapter (I) After an employer submits a plan, the City's Transportation Management Coordinator must either approve or disapprove the plan Within ninety days for an ERP and Within sixty days for a WTP (1) Notice of approval or disapproval shall be given by mall Ifthe plan IS disapproved. the reasons for disapproval shall be given In writing to the employer (2) Once the plan IS approved, the employer Will have sixty days from the date of approval to Implement all aspects of the plan (3) 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 calendar days of notice of disapproval or the employer shall be deemed In Violation of Chapter 9 16 of the Municipal Code The City has ninety calendar days to review the resubmitted plan (4) Upon receipt of the seeond 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 (j) An approved ERP or WTP may be revised between plan submittal dates by submitting a plan reVISion in writing to the City'S 38 Transportation Management Coordmator The revIsion shall not be effective until approved by the Transportation Management Coordmator (k) Any employer who establishes a new workslte In the City of Santa Monica, or whose employee population Increases to more than 10, Will be required to submit an ERP or WTP to the City of Santa Monica Employers are reqUired to contact the City's Transportation Management Coordinator Within sixty days of establishing a new workslte, or Increasing employee population The notice shall be written, and Include the employer's name, the business and mailing address, the number of employees reporting to the workslte and the name of the highest ranking offiCial at the workslte Upon receipt of the notlee, 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 the MUnicipal Code (I) Employers who relocate to anotherworkslte located Within the City of Santa Monica shall notify the City of the relocation Within thirty days The City shall notify the employer to submit an updated version of the Employee Profile and Workslte AnalYSIS of the ERP or WTP (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 monthly average, may submit a written request to the City's Transportation Management Coordinator to be exempt from Chapter 916 of the MUnicipal Code The 39 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) No employer of 250 or more employees shall be responsible for complYing With this Chapter until such time as the City and the SCAQMO execute an agreement which proVides an exception to those employers from the reqUIrements of filing a Rule 2202 plan with the SCAQMD If at any time the City falis to meet Its obligation under the executed agreement, employers of 1 00 250 or more employees In the City shall be released from this Chapter and shall be subJect to compliance With the SCAQMD Rule 2202 requirements SECTION 6 Section 916130 of the Santa Monica Municipal Code is hereby amended to read as follows SECTION 9 16 130 Enforcement. (a) Audits. (1) City Audits. 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 demonstration that an employer IS performing the on-going mOnitoring reqUired by this Chapter (2) Compliance Inspection. Any employer subject to this Chapter IS subject to an unannounced compliance mspectlon This Inspection will 40 reqUire access to records that demonstrate Implementation and mOnitoring of the employer's EmiSSion Reduction Plan (b) 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 update plan when due, or 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 designated On-SIte Coordinator on site If reqUired, orfailureto submit proper fees In accordance with Section 9.16.050 IS a vlolalion of this Chapter Additionally, upon receipt of a second disapproval notice and until such time as a revised plan IS approved by the City, the developer or employer shall be deemed in Violation of this Chapter (3) If an employer chooses the Employee Tnp Reduction Oplion and complies with all prOVISions of the approved plan but falls to meet the AVR targets, that IS not a Violation of thiS Chapter However, the Transportation Management Coordinator shall retain the nght to reqUire the employer to proVide additional mcentlves and marketing strategies In the ETRP With the 90al of increasmg the employer's AVR (4) If an employer chooses any EmiSSion Reduction Option (Excluding the Employee Tnp Reduction Option), the employer must meet 41 -- -- -- I '~u1,t'\01?~ Jam O'Connor. Mayor State of CalIforrua ) County of Los Angeles) ss City of Santa Moruca ) I. Mana M Stewart. City Clerk of the City of Santa Moruca. do hereby certify that the foregomg Ordinance No 1938 (CCS) had ItS first readmg on March 19, 1999 and was adopted on March 23. 1999 by the followmg vote Ayes CounCil members Femstem, Genser, Holbrook, McKeown. O'Connor. Rosenstem Noes CounCil members None Abstam CounCIl members None Absent Council members None .... ATTEST -~~ fuD-"~ Mana M Stewart, cll;. Clerk