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Council Meeting March 16, 1999
MAR f 6 1999
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Introduce for First Reading an Ordinance Amending the
City's Transportalion Management Plan Ordinance (TMP)
INTRODUCTION
Staff recommends that the City Council Introduce for first reading an ordinance amending
the City's Transportation Management Plan (TMP) Ordinance The new ordinance
updates language and clarifies Industry-wide changes, but makes no major changes to the
TMP
BACKGROUND
On November 12, 1991, the City Council adopted the Transportation Management Plan
Ordinance (TMP) 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
Consistent With the City's envlronmentai goals and the Circulation Element of the General
Plan, the TMP was established to reduce traffiC congestion In the evening peak period
The TMP also COinCided With regulalions on employers In the Los Angeles air basin to
reduce air pollulion The latter regulalions were Implemented by the South Coast Air
~!l-
MAR 1 6 1999
Quality Management Dlstnct (SCAQMD) The first TMP tnp reduction plans submitted to
the City were filed In December 1993
Penodlcally, Transportalion Management Office (TMO) staffs have reviewed the TMP and
suggested changes to the ordinance to keep the City's regulations current With regional
air pollution rules and state laws The last reVISion was adopted by the City Council In
Apn11996, to Increase compliance flexibility for employers of 50 or more employees The
changes were similar to those that had been adopted by the SCAQMD. The more flexible
options Included alternatives to traditional employee rldesharlng Incentive plans such as
vehicle scrapping, remote sensing, and use of alternative fuel vehicles
DISCUSSION
The changes proposed In this report Will continue to keep the TMP ordinance current With
Industry terms and technology, and update requirements based on staff experience With
Implementation of the ordinance
The proposed changes can be grouped Into three categories those proposed by staff to
reflect expenence With Implementation of the ordinance, those which update language to
reflect industry standards, and those which reflect recent changes In legislation which
Indirectly affects Implementation of the TMP Ordinance due to changes In regional air
quality regulations The most significant proposed changes are the follOWing
IdentifYing minimum compliance requirements for employers of 50 or more
2
employees who choose to Implement emiSSion reduction strategies such as Old
Vehicle Scrapping, Remote Sensing, Other Work-Related Trip Reduction Credits,
or Alternallve Fuel Vehicle Credits
2 Updating abbreviations for Alternative Fuels (e g , "ZEV' for Zero-emission vehicles
to replace the old "EV' deSignation which only Included ElectriC Vehicles)
3 Updating Emission Reduction Factors for Years 1999, 2000 and 2001, based on
SCAQMD calculalions, to be used In calculations for determining the yearly
Emission Reduction Target
4 IncreaSing the employee population threshold from 100 to 250 employees for
employers with multiple sites In the South Coast Air BaSin who, by law, may choose
to comply with SCAQMD's Rule 2202 Instead of the City's TMP Ordinance
The attached ordinance (Attachment A) highlights other proposed changes to the TMP
Ordinance
BUDGET/FINANCIAL IMPACT
No budgetary or financial Impacts will result from adoption of the proposed changes to the
TMP Ordinance
RECOMMENDATION
It IS respectfully recommended that the City Council Introduce for first reading the
ordinance amending the City's Transportation Management Plan Ordinance
3
Prepared by
Attachment A
Suzanne Fnck, Director of Planning and Community Development
Lucy Dyke, Transportation Planning Manager
Karen Pickett, Transportation Management Coordinator
Ordinance Amending Transportation Management Plan Ordinance
4
CA f \atty\munl\laws\barry\tmp ord
City Council Meeting March 16, 1999
Santa Monica, California
Ordinance Number _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 916030,916050,916070,916080,916090,
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
WHEREAS, on November 12, 1991, the City CounCil adopted the Transportation
Management Plan Ordinance ("TMP") 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 maintained current With Industry standards and With regional air pollution rules and
state laws, and
WHEREAS, the City Council last reVised the TMP In Apn11996; 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 Implementallon
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS'
SECTION 1 Section 9 16030 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 seleclive 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 (AVR). The total number of employees
who report to or leave the workslte or another Job-related activity dUring the
peak penods divided by the number of vehicles driven by these employees
over that five-day perIOd The AVR calculation requires that the five-day
penod rnust represent the five days dUring which the maJonty 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 1000 a.m IS
2
Employees reporting to work'
Monday 300
Tuesday 300
VVednesday 300
Thuffiday 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 10 00 a m. dUring the
week (1500) by the number of vehicles driven to the workSlte between the
same hours dUring the week (1327)
1500 = 1 13 AVR
1327
A similar calculation IS required for obtaining the afternoon peak
period AVR for commute tripS to and from the workslte between 300 P m
and 7'00 P m
AVR Target, The AVR that a EmiSSion Reduction Plan IS designed
to achieve for a particular workslte. The A VR target for worksltes In Santa
MOnica IS 1 5 A VR
3
AVR Verification Method. A method aDo roved by the City'S
Transportation Management Coordinator for determining an employer's
current AVR
AVR Window. The period of time compnsed of both hours and days
used to calculateAVR (I e., 6'00 a m -1000 a m and 3 00 P m - 700 pm)
Carpool. A motor vehicle occupied by two (2) or more persons
traveling together to and from the workslte for the majority (at least 51 %) of
the total commute
Clean Fuel Vehicle or Alternative Fuel Vehicle. A motor vehicle
capable of operating on liqUid petroleum gas (I:: P G), methanol (M85),
compressed natural gas (6NG) or electriCity (ZE V ), and certified by the
California Air Resources Board (CARB) 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 workslte The recognized compressed work week schedules for
purposes of Chapter 916 of the Municipal Code are thirtY-SIX hours In three
days (3/36), forly 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 complymg 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 worksite 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
PCi;~;Oig CiOid T;Ciffic ::;;gi;;aer Transportation Planning Manager, the Director
of Planning and Community Development, and an at-large member
appointed by the City Council
The
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Transportation Planning Manager and the Director of Plannmg 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
5
workslte and the employee emiSSion reduction factor
Employee. Any person employed by a person(s), firm, business,
educational institution, nonprofit agency or corporation, government agency
or other entity who reports to work at a single 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 Transportation Coordinators shall participate
In City-sponsored workshops and Information roundtables
Employee Trip Reduction Plan (Cmployee ETRP). A plan for
Implementation of strategies that are designed to reduce employee commute
tripS dUring the AVR windows
6
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
not be calculated In the AVR, 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 conditions 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)
7
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 diSincentive would
create a substantial economic burden
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, y.v"iUi gt:it:iiGjjiiat~
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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 2109 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
8
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 parkmg
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
employer provided the employees report to or leave the workslte dUring the
AVR window
Peak Period. In the morning, the peak period Includes the hours from
600 a m to 10 00 a.m In the evenmg, 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 appomtments 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
9
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
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 transportallon 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 Counlles
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
10
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 figuring the Employer
Annual Impact Fee.
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, 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 and the City of Santa Monica's Transportation
Management Coordinator to provide training, as required by Chapter 916 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 system
or construction of a new system
11
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 implement TDM, TSM, and/or TFD 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
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 modlficalions 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
Van pool. 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
12
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(1) Employers of 50 or more employees filing Employee Trip
Reduction Plans .(.EIREs) and employers of 1 0-49 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 employers With 50 or more employees
(B) $8 00 per employees for employers With 10 - 49 employees.
(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 worksite
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 [miSSion
Reduction rlan ERP or WTP In accordance With Section 9 16.090 Employer
Impact Transportation Fees shall be due and paid in full With the submittal
of the [iTii55i01i :\cduCti01i ~:ali ERP or WTP The City shall mall notice of
payment reqUired by thiS subsection at least 90 calendar days prior to the
due date
14
(5) Once the Employer Annual Transportallon Fee required
pursuant to this Section 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
(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% reduction 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 pm AVR Fees
charged by the TMA to employers for Its operallon 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 transportation facIlities and services
assOCiated With new commerCial development
15
(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 prior to Issuance of a
building permit Developers who have already obtained bUilding permits
must pay the required fee prior to Issuance of a certificate of occupancy
(4) The 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 of the Developer Impact Fee shall be made upon filing
of a request for refund Within SIX (6) months of expiration of a bUilding permit
upon venficatlon 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
16
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 nollflcatlon, 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
CRT Emission Reduction Target (ERT) shall be determined according to the
follOWing equation for VOC, NOx, and CO, based on employee emiSSion
reducllon factors specified In paragraph fg).w of this Secllon Any employer
who falls under the purview of Assembly Bill 2109 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 fg} .w
of thiS Section.
17
Vehicle Tnp
Emission Credits
Determined according to paragraph ttnW
of this Section
Each employer shall choose one or more of the follOWing options ill
to implementing 1ft their EmiSSions Reduction Plan.
Old Vehicle Scrapping
Remote Sensing
Other Work-Related Trip Reductions
Alternative Fuel Vehicles
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 pLiiC:-,aS6 purchasing 0:d .ya~ic:6 5CiCippiiig Ci6dits 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 of the ERP by the City's Transportation
Management Coordinator.
18
.(4) Employers choosing this ootlon 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} -
{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.
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
Miles Traveled
19
(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
(c) Other Work-Related Trip Reductions. Employers of fifty or
more employees may receive Vehicle Trip Reduction Credits (VTEC)
towards meeling their Emission Reduction Targets from employee commute
reductions that occur outside of the morning and evening peak windows
VTEC obtained from work-related trip reductions shall be determined
according to the following equallon
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
20
2.3 for non-peak tripS
Emission Factor In
paragraph (g} .(j) of this
Section.
Employers must submit an annual report to the City's Transportation
Management Coordinator Indicating 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
converted) for commute or other work-related trips according to the follOWing
formula
CF (Conversion Factor)
EF (Emission Factor)
[VT(GNG)] x [0 83] x [EF]
+ [VT (M85) x [ 80] x [EF]
+ [VT (I::P6)] x [ 80] x [EF]
+ [VT (ZEV)] x [EF]
Conversion Factor (CF)
Where
VTEC =
VT(GNG)
Number of Vehicle Trips from compressed
natural gas vehicles
Number of Vehicle Trips from fleXible fuel
vehicles operated on Methanol
Number of Vehicle Trips from propane of LPG
vehicles
VT(M85)
VT(I::PG)
21
VT(ZEV)
EF
Number of Vehicle Trips from electriC or zero-
emiSSion vehicles
Emission Factor from paragraph (g) .w of thiS
Section
2.0 for peak window tripS, 2.3 for other tripS
CF
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
(e) Employee Trip Reduction Plan. Employers of 50 or more
employees who choose thiS option shall prepare, Implement. and monitor
Employee Trip Reduction Plans ([mployee ETRP) for transportation demand
management, transportation system management, and transportation facIlity
development which will be reasonably likely to result In the attainment of a
1 50 a m. and p m AVR Within three years and continued achievement and
maintenance of the AVR targets thereafter The [mployee ETRP shall be
In a form approved by the Transportation Management Coordinator The
[n ,ployee ETRP shall undergo an Intensive plan review by the City'S
Transportation Management Coordinator and Transportation Management
Specialists
(1) The [iiit:i:0ye6 Tiij:i R~di..icti0ii P:Ciii E.IB.E. shall Include
strategies deSigned to encourage employees to rldeshare dUring the morning
and evening AVR Windows
22
(2) The [iiip:vy'"aa T.ip R6~uctkiii F':Ciii .EIB..e shall consIst of a
report that
(A). Calculates and documents A VR levels for morning and evening
peak penods
(B) Lists plan strategies incentives and a schedule for their
Implementation
c
1__1. ...J__ _ _.a.__.a._ _.. _. .____. __n.a.L- ___.__.a._....I ___1_. .__
IllvlUUIl:;WI CJ ~uaLC~Y WlUIIIIIICJIY VYIUI I-'IUJll:;vl.'VU 'C'II Il-'lUYvv
__~._.__.a..__ ~__ .a.l.._ ..____.__ _1__ . .___
tJCJI Llvlt-'CJLIUII IUI 1.1 IC UlJvVIIIIII~ l-'ICJII Y'VCJI.
(C).d:- DetermInes a marketing strategy for the plan year.
.(Q) eo Determines the use of workslte parking facilities to achieve
ndeshare and transit objectives (I e , number of received spaces for carpools,
van pools, etc )
(E),f
r"'I_.I.___.___ .a.L-_ ...__I._..L_I_ __..J__.I._.__ __-I L-:_. ._1_ ______.I-.I..&....
LJ'VLIl:;IIIIIII'VWI 1.1 Iv VVUI r\i:UU:; WI t-'v\.lII;:;.;:JU 1011 allU Ulvyulv avvv~;;)IUIIILY
Lists the bicycle paths and routes within Y, mile of the workslte.
(F)g- Lists the public transit services Within 1/4 mile of the workslte
.(G).h- Provides a general descnptlon of the type of business
(H) I Includes an Emergency Episode Plan and a dally air quality
log
(I).r- Includes a sample of the employee AVR survey, or other
mechanism approved by the Transportalion Management Coordinator This
survey must not be more than SIX months old For employers With ~ GC 250
or more employees, the survey must conform with SCAQMD requirements
The survey must be taken over five consecutive days dUring which the
23
maJority of employees are scheduled to aITIve at or leave the worksite The
days chosen cannot contain a holiday and cannot occur during Rldeshare
Week or other "event" weeks (I e , Bicycle Week, Walk to Work Week,
Transit Week, etc) This survey must have a minimum response rate of
seventy-five percent of employees who report to or leave work between SIX
a m and ten am, inclUSive, and seventy-five percent of employees who
report to or leave work between three p m and seven pm, inclUSive
Employers that achieve a 90% or better survey response rate for the a.m. or
p.rn. Window may count the "no-survey responses" as "other" when
calculating their AVR
(J).k- Provides the name and proof of certlflcallon of the Employee
Transportation Coordinator at t:'6 Sit6 who IS responSible for Implementation
and monitoring of the plan.
(K).t- Provides the name of the On-Site Coordinator (If different from
the ETC) for each site who IS responSible for Implementation and momtorlng
of the plan
LU.m- Identifies the objectives ofthe plan and provides an explanation
of why the plan is likely to achieve the AVR target levels.
(M).n- Includes a Parking Cash-Out Plan If reqUired
(N) 0- Includes a management commitment cover letter sIgned by the
highest ranking offiCial on Site, or the 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
24
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 employ-at:; Ti"ip R6di..ictiGii r:all .EIB.2 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
(8). Lists plan 5:,,,:69;65 IncentIves, changes to plan 5:,,,:69;65
Incentives, and a schedule for their Implementation
c.
r""\_.l.___.___ _..___.L __-I ___.__"'_-1 ___1_..__ __....._:__.L.__
LlCLCIIIIIIIC~ LUIICIIL CtllU tJlUJv.....lvU CIIIP'UYCC tJClllIvlt-'OllUII
In each strategy
(C) d- Determines a marketing strategy, mdicatlng changes from the
prevIous plan year
.(Q)..e- Determines the use of workslte parkmg faCIlities to achieve
ndeshare and transit objectives (I e., number of spaces for carpools and
vanpools, etc )
.(E)J- C6t~iiiiiii65 the ".ivGiksit6lS biCycle ai',~ p6~65tiiaii CiCC6S5i~i:ity
Lists the bicycle paths and routes Within Y2 mile of the worksite.
(F) g- Lists publiC transit services Within 1/4 mile of the workslte.
.em h- ProVides a deSCription of the general type of bUSiness,
1__1......1__ __-1.________.. .____...1_ nl__ __-I _ -1_.1.. _._
111l"IUUCi) ClIIU L..IIIOC::;I~'t;IILY L..tJl~VU'V I IClII ClIIU a UCIIY CIII
quali!) log
25
(Hl.:r Includes a sample of the employee survey for the plan year as
described In paragraph (2) of this Secllon
.(I)..k- Provides the name and proof of certification of the Employee
Transportation Coordinator at the site who IS responsible for the preparation,
Implementation and monitoring of the plan
(J).t- Provides the name of the On-Site Coordinator (If different from
the ETC) for each site who IS responsible for Implementation and monitoring
of the plan
(K).m- Identifies the obJectives ofthe plan and provides an explanation
of why the plan IS likely to achieve the AVR target levels
.(L)n- Includes a management commitment letter as defined In
paragraph (2) of thiS Section.
(M)o- Includes update and reVISions to the :::i1ip:0je6 T;ijj R,eductioii
r:Ciii EIRE as the City's Transportation Management Coordinator deems
appropriate, if the annual report Indicates that the goals of the previously
approved [iiip:0Yc~ Tilp Rcdi.icti0ii P:Ciii EI.RE. 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 Secllon
(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
leaVing the workslte dUring the peak penods All employees who report to
26
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
CITY PLANNING DIVISION
MEMORANDUM
DATE February 11, 1999
TO Jay Trevino, Planning Manager
FROM Susan Healy Keene, Associate Planner
SUBJECT Planning Commission Recommendations Regarding Nonconforming Sign
Removal Process and MeritoriouS Sign Criteria
ThiS memorandum contains the Planning CommiSSion's comments and recommendations
from the February 3, 1999 and February 10, 1999 Special Meetings regarding the process
of removal of nonconforming slgnage per Seclion 952210 (d) of the Santa Monica MUnicipal
Code and recommendations regarding criteria for a meritorious sign category
Process
The Planning Commission felt that development of a clear process by which businesses and
property owners Will remove or modify nonconforming slgnage was key In order to be
business-friendly and necessary to address and process the volume of nonconforming signs
The Commission believes that an Important part of the process IS education, including
Information to businesses and property owners regarding which signs are nonconforming,
when removal or modification must occur, and which signs may be able to be retained due
to their meritorious status The CommiSSion believes that It IS Important to not create false
expectations regarding meritorious sign status For most businesses the only options Will be
removal or modlficallon of nonconforming signs The CommiSSion noted that businesses and
property owners must be given suffiCient time to plan and prepare new or modified slgnage
for the business The CommiSSion felt that It would be unfair to deprive businesses of
slgnage for any length of lime and thiS conslderallon should be Included In planning the
process
The Planning CommiSSion expressed concern regarding the number of bUSinesses that Will
have new, modified or potentially meritorious signs requIring review and approval One
suggestion for dealing With the volume was a lottery system to assign the date for public
- 1 -
:j ~) C
(G) Additional credits towards an employer's AVR target shall be
granted for the use of any of the follOWing types of altematlve fueled vehicles
arriving at or leaving the workslte
Compressed Natural Gas (6NG).
eJi
Propane Vehicles (I::PG)
5Ji
FleXible Fuel Vehicles operating on
Methanol (Mas)
5.83
The follOWing formula must be used when Indicating alternative fueled
vehicles In the AVR
1\1 _ ,...\/ , ,n"'I""II:'\ . In/C\ . IIlAIC\
I V - ,",v ' \\,JI"V/Vj . \1 Iv} . \IVl/oJ}
AVR
[/T\! "y\'''ere
T" _
I V -
._.1._1 \/_1...._1__ A_n.:__ _J. LL._ \/1"__1._...._
IVLClI Vvlllvl'V~ n.IIIVIIIY en lilt:; VVUII'\~ILu
,....\/ -
OJV -
,,__. .__....___1 1\.J1_.&.__ \ I_L..._I__
VUIIV'Il::;lllIUIIQI IVIULUI VvlIIVlv~
T '"
..._...,-1.__1_..___._ ..L._ ^\/r'\ 0..___..
IVlal L...llltJIUyt:;t:;~ III Ulur\VI"...,\.lIVt:;y
WCT(NG) + WCT(P) + WTC(M) '" AFC
WCT
Total Weekly Commute Tnps
AFC =
Total Alternate Fuel Credits
(H). Zero EmiSSion Vehicles (electnc vehicles) shall be calculated
as zero vehicles arriVing at the workslte.
(5) Employers must keep detailed records ofthe documents which
verify the Average Vehicle Ridership calculation for a period of two years
from plan approval date Records which verify strategies In the [m!}loyee
Tn!} Reduction rlan .EIRE have been marketed and Implemented shall be
28
kept for a penod of at least two years from plan approval date Approved
::i1ijJk;y<i<i i,ijJ ~<idi.ictiuii P:Ciii5 .EIB2s 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 ndeshare service center, records
and documents may be kept at a centralized location Failure to maintain
records, or falsification of records Will be deemed a violation of thiS Chapter
(f) Minimum Re,!uirements. Employers Implementing options (a),
(b), (c). or (d). as defined In thiS section must meet the follOWing minimum
plan requirements
U) Conduct an AVR survey In accordance With the requirements of
Secllon 91fL070(e)(2)(I) In order to receive Commute Trip Reduction
Credits (CTRCs) for employees who ndeshare 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 (6:00 a.m. to 10.00 a.m.) or the p.rn. Window (3.00 p.m. to 7.00
p.m.) depending on which Window reflects the lime period when the ma]ontv
of employee tripS occur.
(2) Marketing Plan. Emoloyers shall Include a marketing plan to
educate employers about alternative commute ophons by making Information
available to employees.
Information shall be posted at the workslte. or dlstnbuted to each
employee at the workslte.
(3.) Information shall be updated annually.
29
.(g) f67 Extensions In the event that an employer reasonably
needs more time to submit an [mplo~ee TRr, Emission Reduclion 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 than fifteen calendar days prior to plan due date Such
requests must be made In writing and shall state why such extension IS
requested, what progress has been made toward developing the [mployee
TRP ER.E, 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) a- An employer may request an extension up to sixty days for
the Inlllal submittal of a plan
.(2) IT An employer may request an extension of up to thirty
days to complete a revised plan
(3.) eo 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 thirly 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
(4) d- The CIty'S Transportation Management Coordinator, at
hiS or her discretion, may grant extensions beyond sixty days In the event of
30
an extreme emergency Each employer's request shall be reviewed on an
individual basIs
(h) ffl Plan ReVISions. An approved employee TRP EB.E... may be
revised between plan submittal dates by submitting a plan revIsion In writing
to the City's Transportation Management Coordinator Any changes to an
approved plan which IS In effect must be submitted In writing to the
Transportation Management Coordinator The revIsion shall not be effective
until approved by the Transportation Management Coordinator In writing
f870.) If the T ransportatJon Management Coordinator determines that
the employee TRr...EBE marketing strategy IS not being carried out to the
fullest extent, the Transportation Management Coordinator may require the
employer to submit quarterly marketing reports that Include examples of the
marketing strategies implemented for each quarter
t9].(2) If It IS necessary for an employer to amend an el nployee TRr
ER.E: before the plan can be approved, the employer shall have [;,,6 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 Eiiip:uy.~13 Tiip ~~di...ictivli P:Ciii~ ERE
disapproved
(10)(3) The Transportation Management Coordinator shall not
approve any plan or plan reVISions If the employer, an employee, an
employee representative or organization requests, In writing, Within ten
calendar days of plan submittal, that the Transportation Management
31
Coordinator delay such action for a period of time not to exceed the 90th
calendar day after plan submittal If the request IS made by a party other
than the employer, the parly must concurrently submit written comments to
the City's Transportation Management Coordinator and the employer setllng
forth the obJectlon(s) Upon receiving such a request, the Transportation
Management Coordinator shall maintain neutrality With respect to any
negotiations regarding the employee TRr. ~ Nothing In this paragraph
shall be construed to affect the requirement to Implement an approved
ell,ployM TRr ERE and comply With applicable deadlines
(11)0:) An employee Trlp.EB.E Redl:Jcbon rlan 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
32
pursuant to this subdivIsion rests with the employee, employee
representative or employee organization submitting the Information
(12).{.5) If a final detenrnlnatlon that an element of an approved
[I , ,ployee Tnr ERE violates any provIsion of law Issued by any agency or
court With JUrisdiction to make such determinations, then the employer shall,
Within forly-five 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
ffl-W 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
TMO/TMA In lieu of an ETC provided the Consultant ETC or the TMO/TMA
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 consecutive weeks, a substitute ETC or On-Site
Coordinator at the same level must be designated and trained Nolice of
such a change must be submitted to the City's Transportation Management
Coordinator With proof of training no later than 12 weeks after the beginning
of the absence.
33
(3) ETCs are not required to attend yearly update training
(4) On-Site Coordinators of 6iiip:uY6iS \:if 5G-gg 6iiijj:vy'~es are not
required to be certified provided the ETC or Consultant ETC IS certified and
wntes and administers the [mis5i0i"i Rodi..ictiOii r:ciii ~.
fu7(J).. Emission Reduction Factors: The follOWing emiSSion factors
shall be used In calculations pursuant to this rule
(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
VO~
1nnc
"''''u
6 45
NQx CO
A n-. 4933
......Uu
A 0-. An 01':"
""T.V"",, "Tv.uv
442 4514
4,11 40.01
3.80 35.19
3.39 32.8.3
....,...,t"I"'7
I >:lv'
e 45
1998
5.125.84
1999
.5..12
2.QQQ
4.40
2QQ1
4.10
(2) The follOWing default emission factors (pounds per year per
dally commute vehicle) may be used In determining vehicle trip emiSSion
cred ItS
Emission Year 'lLQG NOx CO
4"\o"'\/:" -." 14 ... t:"A
"''''U 'U 'u.
1997 19 14 1 '"
-.u
1998 17 13 132
34
1999
2illill
2QQ1
15
13
12
12
11
10
117
103
.96.
SECTION 4 Section 9 16080 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 10 to 49 employees shall be reqUired to attend
a City-sponsored training seminar upon nollflcatlon and submit a Workslte
Plan (WTP) to the City in 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 ranking offiCial at the site.
(3) The name and phone number of the deSignated On-Site
Contact who has attended a C1ty-s!lonsored training !lrogram and IS
res!lonslble for the Imolementatlon 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 Coordinator)
(5) Descnptlon of the type of bUSiness
(6) Descnptlon of anyon-site amenities
(7) Location of the kiosk or bulletin board and a deSCription of the
35
information displayed
(8) Lists the public transit services within 1/4 mile of the workslte
(9) Dt3taiiiiiii6s the bicyc:a aCC655ibi:ity. to the 5it~. Lists the bicycle
paths and routes wlthm Yo mile of the workSlte.
(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 information available to each employee
(1) Carpooling/vanpooling mformatlon, including information about
the services provided by the regional rldesharing agency and their phone
number
(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 mformatlon, Including regional/local
bicycle maps, locations of nearest bicycle racks, or locker storage faCilities,
and bicycle safety Information
(5) Information on walking to work, pedestrian safety and walking
shoe information
(6) Make information available to new employees upon date of hire
(c) Employers of 10 to 49 employees shall submit a WOrkSlte rlan
WTP within sixty days of nollflcatlon by the City.
(d) Employers of 10 to 49 employees shall submit yearly updated
Workslte rlans WTP In accordance With thiS section Employers who fall to
36
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 WVorkslte rlan, the City's
Transportallon 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 wrillng 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 thlrly calendar days of notice
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 916 of the MUnicipal
Code
SECTION 5 Sedon 9 16090 of the Santa MOnica Municipal Code IS hereby
amended to read as follows
SECTION 916090. Procedures for Submission of Emission
Reduction Plans and Workslte Transportation Plans
37
(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 receipt of notice to implement, an ailii55i0ii ,aducti0ii plaii
E.B..E 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 [i1ii55i0ii Raducti0ii P:aii E.B..E
(b) Employers of fifty or more employees shallldenllfy measures In
their [i1ii55i0ii Raducti011 Plaii E.B..E that will result In attainment of their
emission reduction targets through one or all of the EmiSSion Reduction
Options specified In Section 9 16 070 Within ninety days of nolificatlon by the
City
(c) Employers of 1 0-49 employees are reqUired to submit Workstte
Plans WTPs as defined In Section 9 16 080 Within sixty days of notification
by the City
(d) Multi-site employers of ~CC2.5Q 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
SCAQMD, or filing an [i1ii55i0ii RaductiCiii P:aii E.B..E With the City of Santa
Monica Employers chOOSing to file a rule 2202 plan With the SCAQMD will
be reqUired to notify the City's Transportation Management Coordinator In
writing no later than fifteen days pnor to the plan due date
38
(e) Upon the City Transportation Management Coordinator's
approval of a written request, an employer may submit a single [mission
Reduction rlan 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
(f) All employer ::i1ii55i0ii i{~di..ictiuii P:Ciii5 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 [iTii55i011 R~di..ici:iuil P:CiIi (CRP) ERP 0 r WTP
due date falls on a day City Hall IS normally closed (I e , weekend, holiday,
9/80 Friday 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
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 91ven by mall If the
plan IS disapproved, the reasons for disapproval shall be given In writing to
the employer
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(2) Once the :::iiiis5iuii ~cductivii r:Ciii 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 second disapproval notice, and unlll such
time as a reVised plan IS submitted to the City's Transportation Management
Coordinator, the employer IS In Violation of Chapter 916 of the MuniCipal
Code
(J) An approved [iiii55iui"i ~6ductivii i:Ciii ERP or WTP may be
reVised between plan submittal dates by submitting a plan revIsion In Writing
to the City's Transportation Management Coordinator. The reVISion shall not
be effective until approved by the Transportation Management Coordinator
(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 ail [iTti55i0i1 ~6duc:i0ii Plaii 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
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Written, and Indude 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 notice, the City
shall mail a notlflcalion 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 another workslte 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 [;;-;;55;0;; r<.cd...ct;0;; ~:c;;;
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 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) No employer of ~oo 25Q or more employees shall be
responsible for complYing With thiS Chapter until such time as the City and
the SCAQMD execute an agreement which provides an exception to those
employers from the requirements of filing a Rule 2202 plan With the
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SCAQMD If at any time the City falls to meet Its obligation under the
executed agreement, employers of 100 2.5Q 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 9 16 130 of the Santa Monica Municipal Code is hereby
amended to read as follows:
SECTION 916130 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 inspection ThiS Inspection Will
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
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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 oreertlfied deSignated On-Site Coordinator on
site If required, or failure to submit proper fees In accordance with Section
9 16 050 IS a violation 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 Trip Reduction Option
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 right to require the
employer to proVide additional stlategles Incenlives and marketing strategies
In the [i1iP:0Y66 T,iP :\cdLiCti0;; r:c;;; EIRE With the goal of increasing the
employer's AVR.
(4) If an employer chooses any EmiSSion Reduction Option
(Excluding the Employee Trip Reduction Option), the employer must meet
the reqUired morning and e.enlng emiSSion reduction targets for that plan
year Failure to do so Will be considered a Violation of this Chapter
(5) Each day a developer or employer Violates the provIsions of
thiS Chapter or the terms and condlllons of any approved [i1iiSSi0il
ReductIO;'" r'lan ERP or WTP shall constitute a separate Violation
(c) Enforcement Actions. In addition to any other remedy provided
for by law, the City, or the South Coast Air Quality Management District when
43
appropriate, may take the following actions for violation of this Chapter or of
the terms and conditions of any approved [;;-;;55;u;; Ri3GuCtiu;; P:a;; ERE..Qr
WTP.
(1) Require the addition of elements to a work or development site
plan submitted by an employer or developer
(2) Transfer authonty for plan implementation from an employer or
developer to the City
(3) Institute proceedings to revoke any approval of an [;;-;i55;0;;
Reduction rlan ERP or WTP
(4) Revoke the business license held by any violator, follOWing the
procedures set forth In Section 9150 6 of the MUnicipal Code
(5) Impose an enforcement fee as provided for In Section 9 16 130
(d)
(6) Request that the City Attorney take appropriate enforcement
action Referral by the City's Transportation Management Coordinator is not
a condition precedent to any enforcement action by the City Attorney
(7) Notwithstanding any other provIsions of thiS Chapter regarding
penalties or fees for enforcement actions or for violations, for violators with
~ GG 2.5Q or more employees, the City, In addition to any other remedies
under thiS Chapter, shall refer the matter to the South Coast Air Quality
Management District for appropriate action under Article 3, Chapter 4, Part
4 of DIVISion 26 of the Health and Safety Code
44
(d) Enforcement Fees. An enforcement fee shall be paid to the
City by each person who has Violated the provIsions of this Chapter or the
terms and conditions of any [iTii55ivii ~~di..ictivii P:Ciil ERP or WTP The
purpose of this fee IS to recover the costs of enforcement from any person
who Violates the provIsions of this Chapter or any permit or approval
(e) Fee Assessment Fee. Fees shall be assessed as follows.
(1) Employers who choose any Emission Reduction Option
(excluding the Employee Trip Reduction Option) shall be fined Five Dollars
($5 00) per employee per day for each violation dunng the plan year
(2) Developers, employers of 10-49 employees and employers of
fifty or more who choose the Employee Trip Reduction Opllon shall receive
a Warning Notice for the first violation of the plan year and no fee shall be
collected For each additional Violation In the plan year the employer shall
receive a Violation notice and the Violation fee shall be Five Dollars ($5 00)
per employee per day
(3) The City'S Transportation Management Coordinator shall cause
to be Issued a nollce Imposing enforcement fees under thiS Section The
notice shall provide that the fee shall be due and payable Within fifteen (15)
days from the date of the notice A penalty of ten percent (10%) per month
shall be added to any fees that have not been paid when due
(4) Any person upon whom fees have been Imposed pursuant to
thiS Section may appeal the action In accordance With the follOWing
procedure
45
(A). A notice of appeal shall be filed with the City's Transportation
Management Coordinator within ten (10) days of the date of the notice
(B) At the time of filing the notice of appeal, the appellant shall
deposit with the City Treasurer money In the amount of all fees due If, as
a result of the hearing, it IS determined that the City IS not entitled to all or a
portion ofthe money, the City shall refund to the person all or a portion of the
money deposited
(C) The EmiSSion Reduction Plan Appeals Board ("ERP Appeals
Board") shall hold a hearing on the appeal WIthin forty-five (45) days of the
date of filing of the appeal The City shall give the appellant at least five (5)
days notice of the time and place of the hearing The ERP Appeals Board
shall render a deCISiOn WIThin fifteen (15) days of the date of the hearing
The purpose of the hearing shall be limited to whether or not the Violation
occu rred.
(D) The ERP Appeals Board shall uphold an appeal of an
enforcement fee under thiS Section In only one of the follOWing
circumstances'
An error has been made In calculating the enforcement fee
The person IS found not to have been Violating the prOVISions
of thiS Chapter or the terms and conditions of the [miSSiuii Reductiuii Plaii
ERP or WTP
(E). The deCISion of the ERP Appeals Board shall be final except
for JudiCial review and there shall be no appeal to the City CounCil
46
(F) Any notice Issued pursuant to this Section shall set forth the
appeal rights as provided for in this subsection
(G). Any notice of revocation Issued pursuant to this Section shall
be final upon the expiration of the appeal period if no appeal IS timely filed
or upon the decision of the ERP Appeals Board
SECTION 7 Section 9 16 140 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
SECTION 916140 Administrative Appeats.
(a) Disapproval of an ::i1ii5SiViI Redi...ictivI' r':aii ERP or WTP by the
City'S Transportation Management Coordinator, including a revision of such
a plan, may be appealed to the Emission Reduction Plan Appeals Board
(b) An appeal of an action by the City's Transportation
Management Coordinator shall be filed with the City'S Parking and Traffic
DIVISion within ten (10) consecutive calendar days follOWing the date of
action from which an appeal IS taken. If no appeal is timely filed, the action
by the City'S Transportation Management Coordinator shall be final
(c) A hearing on an appeal shall be scheduled Within sixty (60)
days of the date of filing an appeal. Notice of an appeal hearing shall be
mailed to the appellant not less than ten (10) consecutive calendar days pnor
to the hearing scheduled before the EmiSSion Reduction Plan Appeals
Board
47
(d) A wntten decision on an appeal shall be Issued thlrly (30) days
from the date of hearing
(e) An action of the City'S Transportation Management Coordinator
that IS appealed to the Emission Reduction Plan Appeals Board shall not
become effective unless and until approved by the EmiSSion Reduction Plan
Appeals Board
(f) A decIsion of the ERP Appeals Board '::;iI ail ::;;;;55;'::;;-;
Reduction Plan shall be final except for JudiCial review and there shall be no
appeal to the CIty CouncIl
SECTION 8 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 affect the provIsions of thiS Ordinance.
SECTION 9. 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 a 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 Invalid or unconstitutional Without regard to whether any portion of the Ordinance
would be subsequently declared Invalid or unconstitutional
48
SECTION 10 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
~am~~_
MARSHJ1{JG>NES MOUTRIE
City Attobly
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