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SR-8-D (43) t( I ?- --C/[~7- / 1,/ .1'1 tlItII ~ iI/J '-"0 IIIIr.:. "L::J ') 0 1991 LUTM: CPD: wjdocument name COUNCIL MEETING: August 20, 1991 "I~' I . l \. I. r r ~! Santa Monica, California '91 ~"'j:J 19 '~J:5 TO: Mayor and city Council FROM: city staff SUBJECT: Final Adoption of the Transportation Management Plan Environmental Impact Report please find attached an Environmental Impact Report (EIR) and resolution of the City Council certifying the final EIR on the Transportation Management Plan. On May 28, 1991 the Council conducted a public hearing and reviewed the EIR. This resolution should have been included in your packet for the August 13, 1991 city Council meeting. Adoption of the resolution should be considered before the actual vote on the TMP ordinance. wjtmpmem2 /1~tO 1-11 ;-LJ IIl'~ r.,~ '^-. M I'" ... 1 t v. RESOLUTION NO. (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE TRANSPORTATION MANAGEMENT PLAN WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued in October, 1987; and WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was published in June, 1988, in compliance with the california Environmental Quality Act and the City of Santa Monica CEQA Guidelines; and WHEREAS, in March, 1991, the Final Environmental Impact Report was published; and WHEREAS, the city of santa Monica planning commission conducted a public hearing on March 20, 1991 and recommended certification of the Environmental Impact Report; and WHEREAS, on May 28th, 1991 and June 4, 1991, the City council conducted a public hearing on the proposed ordinance and EIR, and advised staff to make changes to the proposed Ordinance; and WHEREAS, on August 13, 1991, the City Council held a public hearing on the draft Ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: - 1 - SECTION 1, The City Council has reviewed and considered the Final Environmental Impact Report on the Transportation Management Plan prior to acting on the Ordinance. SECTION 2. The city Council certifies that the environmental review for the project was conducted in full compliance with State and city CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, that it has considered all comments on the Draft Environmental Impact Report and responses to comments, that the Final Environmental Impact Report adequately discusses all significant environmental issues, and that the City Council has considered the contents of the Final Environmental Impact Report in its decision-making process, SECTION 3, The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ ~'U-~ ROBERT M. MYERS City Attorney w/EF44 w/tmpeir2 - 2 - :'::TM: CPJ-: w/tmpchnge A\lgust 20, 1991 Santa Monica, Cal~fornia INFORMATION ITEM TO: Mayor and City Council FROM: city staff SuBJECT: Changes to the TMP ordinance as of 8/20/91 The following represent changes to the draft Transportation Management Plan (TMP): 1) Page 5, paragraph (I), change to 111991 Air Quality Management Plan. 2) Page 5, paragraph (1), change to lISouth Coast Air Quality Management Districtll. 3) Page 9, change definition of Peak Period Trip to II An employeels commute trip that begins or ends at the worksite or a work-related trip within the peak period", 4) Page 23, paragraph (e), change the requirement for formation of a TMA if the City's Transportation Management Coordinator requires it from thirty (30) days to ninety (90) days. 5) Page 23, paragraph (e), change to Itemployees who are employed by an employer with fewer than ten employees need not be counted". 6) Page 23, paragraph (e), delete the final sentence referring to a TMA submitting a Worksite Transportation Plan. 7) Page 24, paragraph (a), delete the schedule references to plans submitted by a TMA representing 100 or more employees and 50-99 employees. 8) Pages 29, Section 9229, sub paragraph (d) relating to a TMA submitting a Worksite Transportation Plan has been deleted. ~/ ARTICLE III: SUPPLEMENTAL BENEFITS 3.01. Health Insurance Programs Effective July 1, 1991, the City agrees to pay up to a maximum of $435 per month towards the cost of medical insurance coverage for employees and eligible dependents provided that employees covered herein participate in the City-offered medical insurance programs. The cost of medical insurance coverage will be set at the beginning of each medical plan year and will be a "composite" monthly insurance premium derived by dividing the total monthly premium for all medical plans offered by the Ci ty , except the PERS PORAC medical plans or any other PERS medical plans, by the total number of employees enrolled in said medical plans as of the beginning of the medical plan year. Any extra payment required under such plans shall be paid through payroll deduction by the employee electing such coverage. Effective July 1, 1992, and each July thereafter, the maximum amount up to which the City agrees to pay towards the cost of medical insurance coverage will be equal to the highest medical insurance premium contribution cap established for any of the Cityls other bargaining units for that fiscal year, excluding any premium contribution cap established for the PERS PORAC medical plans or any other PERS medical plans. The same terms and conditions outlined in the first paragraph of this Section shall still apply. This provision shall rollover to the same extent as the entire MOU rolls over. In the event that the contribution "cap" does not cover the cost of medical insurance coverage for employees and eligible dependents, the City agrees to meet and confer with PAU. Dental insurance coverage shall be provided at no cost to employees and their eligible dependents provided that employees covered herein participate in the CitY-Offered dental insurance programs. The City agrees to continue to provide vision care insurance, at no cost, to employees covered herein, The City retains the right to select the provider and to set the levels of coverage for said vision care insurance plan. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits provided under the plan without meeting and conferring. - l2 - (c) A~r qual~ty stud~es lndicate that ozone and carbon monoxide concentratlons exceed state and federal standards some days ln the Clty, (d) Traffic along some major routes in the city has or is expected to reach Level of Service UF" during peak hours I indicating conditions where excessive delays develop repeatedly due to vehicles arriving at rates greater than capacity and where emergency vehicle travel is impeded. (e) New development and maJor additions to existing development by the year 2010 will have an adverse impact on the existing transportation systems by adding approximately 17,000 trips to the existing demand of over 20,000 p,m,-peak hour trips from non-residential land uses, (f) The City's General Plan calls for formation of a plan to implement the transportation management pOlicies of the Circulation Element, an uncongested traffic circulation system, energy conservation, and maintenance of noise and air quality levels within established standards. (g) The transportatlon system is impacted citywide by the traffic and parking requirements of development. (h) Transportation Systems Management, Transportation Demand Management, and Transportation Facility Development strategies can improve service and operations to increase mobility and the general - 2 - ~ ~ efflclency of the 5yste~. These strategies encompass trafflc operatlons, rldesharing, and bicycle lmprovements as well as transit plannlng and management of the syste~, These strategies enhance vehicle flow or Shlft deMand on an existing transportation facility and can be effective to mitigate negative effects of transportation, such as air quality, energy use, and noise levels. (i) Reduction of congestion and the time of commute trips wlll improve the quality of life in the City and improve quality and level of access for residents and employees and patrons of local businesses. (j) Coordlnation of Transportation Systems Management, Transportation Demand Management, and Transportation Facility Development strategies with other cities and counties in the region and through regional agencies will assist in meeting the goals of this Chapter, SECTION 9221. Purpose and Objectives. The purpose and objectives of this Chapter are to establish a transportation management plan that will: (a) Allow for any growth permitted by the land use plans of the City while minimizing peak-hour automobile commute trips from new and existing places of employment. - 3 - (b) Reduce traff lC l,"pacts .,nthln the comrnunlty and reglon through a reduction in the number of vehicular trlps and total veh.lcle miles traveled. (c) Reduce the vehlcular alr pollutant emissions, energy usage, and amblent no~se levels through a reduction ln the number of vehicular trips, total vehicle mlles traveled, and traffic congestion. (d) Ensure C.lty compllance with South Coast A~r Quality Management Distr~ct Regulation XV I and require employers both to meet Regulation XV air quality targets and to achieve city traffic objectives, (e) Achieve a commuter Average Vehicle Ridership of 1,50 within one (1) year for employers of 100 employees or more. (f) Achieve City-wide commuter Average Vehicle Ridership of 1,50 wlthin three (3) years for all employers ot ten or more employees. (9) strive to maintain levels of service on streets and intersections during peak-hours at or below capacity for as long a period of time as feasible. (h) Strlve to prevent levels of service on streets and intersections that have not reached Level of Service "E" during peak-hours from reaching that level. - 4 - (i) Str 1 'Ie to l:-'lprOVe levels of service on streets and lntersections that have already reached Level of Servlce IIEII during peak-hours, (j) Minimize the percentage of employees traveling to and from work at the same time and durlng peak hour perlods in single occupant vehicles. (k) Asslst in attainment of the requirements of the Federal Clean Air Act, (1) Implement several air quality control measures required of local governments by the 1991 Air Quality Management Plan adopted by the South Coast Air Quality Management District and subsequent updates. (m) Promote and increase work-related transit use, ridesharing, walking and bicycling to minimize parking needs and to protect critical intersections from severe overload. (n) Decrease the government cost of transportation and parking facility construction and improvements. (0) Maximize the use of commute modes other than the single-occupancy vehicle through Transportation Systems Management, Transportation Demand Management, and Transportation Facilities Development. - 5 - .. p SECTION 9222, Definitions, The followlng words or phrases shall have the followlng meanlngs when used in thlS Chapter: Average Vehlcle Rldershlp (AVR) , The total number of employees who report to the worksite or another job-related activlty during the peak periods Monday through Frlday divided by the number of vehicles driven by these employees over that five-day period. The AVR calculatlon requires that a five consecutive weekday average be used. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle rldership during the year is obtained, An example of calculating morning AVR using a weekly averaging period for an employer with 300 employees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. inclusive is: Employees reporting to work: Monday 300 Tuesday 300 Wednesday 300 Thursday 300 Friday 300 Total 1500 Number of vehicles driven to the worksite by these employees: Monday 270 Tuesday 250 Wednesday 280 Thursday 265 Friday 262 - 6 - Total 1327 AVR ~s arr l ved at by di vld~ng the number of employees reportlng to ',N"ork between the hours of 6:00 a.m. and 10:00 a.m. durlng the week (1500) by the number of vehicles dr1ven to the worksite between the same hours during the week (1327): 1500 = 1,13 AVR 1327 A similar calculation is required for obtaininq the afternoon peak period AVR for commute trips between 3:00 p.m. and 7:00 p.m. This calculation does not include credi ts for telecomnl1J.tinq, clean fuel vehicles, or compressed work weeks. Buspool/Shuttle Bus, A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. California Department of Transportation (Caltrans). The state agency responsible for the maintenance and development of California'S transportation systems, carpool. A motor veh1cle occupied by two (2) or more employees traveling together to and from work. Commute Trip. A horne-to-work or work-to-home trip, - 7 - Developer, Any person responsIble for development of a non-residentIal development project WhICh will result In ten (10) or more peak perIod trIps. E~ployee. Any person employed by a firm, person, business, educational institution, non-profit agency or corporation, government agency or other entity who reports to work at a single workslte for SIX months or more. Employer, Any 'public or private inclUdIng the city of Santa Monica, permanent place of bUSIness In the employing 10 or more 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 IIAII through ifF, If "AIf describes a free flowing condition and IJF" 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), Mitigation Measures. Those actions (e.g., Transportation Systems Management, Transportation Demand Management, and Transportation Facility Development) which are taken to reduce traffic impacts, employer, having a ci ty and - 8 - Monitorin9' The techn1ques used to assess progress towards corply1ng ".-11th the transportation management plan, Multi-Tenant Works1te, A structure, or group of structures, on one works1te where more than one employer conducts a business, Peak Period, In the mornIng, the peak period includes the hours from 6:00 a,m. to 10:00 a,m, In the evening, the peak period includes the hours from 3:00 p,m. to 7:00 p,m. Peak Period Trip, An employee's commute trip that begins or ends at the worksite or work related trip within the peak per1od. Pedestrian OrIented Use. A use which is intended to encourage walk-In customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public, Such uses may include, but not be limited to, neighborhood commercial uses, retail uses, cultural uses, restaurants, cafes, and banks. Preferential 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. - 9 - R~uesharln9' Any ~ode of transportat~on other than a single occupancy vehicle WhiCh transports one or more persons to a workslte, Satellite Work Center. A worksite other than the regular worksite which results in a shorter commute distance for the employee and from which the employee performs reqular work functions. Telecommuting. A system which allows an employee to work at home and still be in communication with the worksite, Transportation Demand Management (f1TDM"), The implementation of strategies WhlCh will encourage indi viduals to either change their mode of travel from a single-occupancy vehlcle, reduce trip length, eliminate the trip altogether, or commute at other than peak periods, Transportatlon Facility Development (f1TFD"). Construction of major capital improvements to a highway or transit system or installation of operating equipment which includes new construction of the existing system or construction of a new system. Transportation Management Association (t1TMA"). A group formed so that employers, employees, and developers can collectively address community transportation-related problems. Transportation Management Associations may be formed to implement - 10 - TOM. TSM, and/or TFO strategles ln employr..ent clusters or at ffiulti-tenant worksites, The primary functlon of a THA lS to pool resources to implement solutlons to commuter-related congestion problems ln conJunction with the Clty Transportation Coordinators. The City may ldentify employment clusters or multi-tenant worksites 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 faClllties. Trip Reduction, The reduction in single occupant vehicle trips by private or public sector programs used durlng peak periods of commuting. Vanpool, A van or slID11ar motor vehicle with a seating capacity of seven or more persons occupied by four or more employees traveling together to work. Vehicle. A passenger car or truck used for commute purposes including any motorized two wheeled vehicle. Vehicles shall not include bicycles, transit vehicles, buses serving multiple worksites, or vehicles which stop only to load or unload passengers or materials at a worksite while on route to other worksite(s) . Work Place or Worksite. A building, part of a building, or grouplng of buildings located wi thin - 11 - the Clty T.....hlCh are In actual physlcal contact or separated solely by a prlvate or public roadway, and which are owned or operated by the same employer. Worksite Transportatlon Plan ("WTP"). A plan for implementation of transportatlon management strategies WhlCh is deslgned to reduce the impacts of a particular worksite on traffic and air quallty. Worksite Transportatlon Plan Appeals Board ( "WTP Appea ls Board II) , The administrative review body for decisions of the City's Transportation Management Coordinator. The WTP Appeals Board shall consist of the Parking and Traffic Engineer, the Director of the Land Use and Transportation Management Department, and an at-large member appointed by the City Council. The Parking and Traffic Engineer and the Director of the Land Use and Transportation Management Department may designate an employee from his or her division or department as his or her representative. Worksite Transportation Plan Coordinator. An employee, tenant, property owner, property manager, contracted service, or representative of an employer association, with appropriate training as approved by the City and the South Coast Air Quality Management District, whose functlon is to promote TMP program activities. The Coordinator does not have to be on-site at all times; however, all worksite-related information must be kept at the - 12 - .. .. workslte. Workslte TransportatIon Plan CoordInators shall be responsIble for day-to-day 1mplementatlon of workslte transportatIon plans. Workslte TransportatIon Plan CoordInators shall prepare and make avai lable rIdeshare Informatlon, notices, questionnaires, handouts, computer matches, transit and bicycle route maps, and shall have a permanent mailing address, daytime telephone number and office, Worksite Transportation Plan Coordinators shall administer incentive programs included within worksite transportatlon plans, such as rideshare matching, vanpool brokerage, bus token or pass distribution, parking fees, and transportation allowances. Worksite Transportation Plan Coordinators shall participate in City-sponsored training workshops and information roundtables, SECTION 9223. Applicability. This Chapter shall apply to employers and developers as defined above, The City shall not be exempt from the requirements of this Chapter. SECTION 9224, Transportation Impact Fee. (a) Employer Annual Impact Fee. There shall be an Employer Annual Impact Fee. The purpose of the Employer Annual Impact Fee is to pay for the costs of administration and enforcement of this Chapter, The amount of the employer cost factor used to calculate the fee shall be established and - 13 - from time to time amended by resolution of the city council. (1) Employers transportatlon l~pact fee following formula: Fee = (Employee Cost Factor) . For purposes of calculating an employer's annual impact fee. the definition of employee shall include those employees who report to work durlng the peak periods, including full-time, part-time, temporary, seasonal, at-home or In-field contractors of consultants working at a worksite for two months shall pay an annual calculated using the (Number of Employees) x or more. (2) The City TMP Office shall begin notifying employers of required Employer Impact Fees in accordance with the Employer Worksite Plan Schedule in Sectlon 9228(a). Employer Impact Fees shall be due and paid in full with submittal of the Employer Worksite Plan, The city shall mail notice of the payment required by this subsection at least 90 calendar days prior to the due date. (3) Once the Employer Annual Impact Fee required pursuant to this Section has been pald, there shall be no refunds. (4) Employers who demonstrate attainment of a 1.5 AVR shall receive a 40% reduction in the Employer Annual Impact Fee for the following year. Employers who demonstrate - 14 - atta~nrrent of a 1,:5 A.VR for t'NO consecutl ve years shall recelve a 50% reductlon In the Employer Annual Impact Fee for the followlng year, Ernp layers who demonstrate attalnment of a 1,5 AVR for three consecutive years shall receive a 60% reduction 1n the Employer Annual Impact Fee for the following year, (5) E~ployers who join a TMA certified by the city shall receive a 25% reduction in the Employer Annual Impact Fee, Each employer in a TMA which demonstrates attalnment of a 1.5 AVR shall receive an additional 40% reduction in the Employer Annual Impact Fee for the following year, for a total reduction of 65%. Each emp loyer ~n a TMA which demonstrates attainment of a 1.5 AVR for two consecutive years shall receive an additional 50% reduction in the Employer Annual Impact Fee for the following year for a total fee reduction of 75%. Each employer in a TMA which demonstrates attainment of a 1,5 AVR for three consecutive years shall receive an additional 60% reduction in the Employer Annual Impact Fee for the following year, for a total reduction of 85%. Fees charqed by the THA to employers for its operation and administrative costs shall be separate from the City'S Employer Impact Fee. (6) Employers of 100 or more employees submitting an approved Regulation XV Plan less than - 15 - .. .. SlX months old shall be exenpt from the Employer Annual Impact Fee for the first year. (b) Developer Ir.pact Fee, The purpose of the developer impact fee 1S to defray the cost of provldlng transportation facllities and serV1ces associated w1th new commercial development. (1) Developers who apply for building permits for new or expanded development projects in the city shall rnit~gate 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 this Chapter. (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 building. Both the Impact Fee and the reduction shall be established by resolutlon. - 16 - (5) Refunds of the Developer Impact Fee shall be made upon the fl1lng of a request for refund withln SlX (6) months of expiration of a building permit upon verlfication that construction of the improvements for WhlCh the permlt was issued have not commenced and no extensions of the building permit have been granted, No interest shall be paid on any refunded fee. SECTION 9225, Deposit and Use of Fees. (a) Employer Impact Fees collected pursuant to Section 9224(a) shall be deposited in an account separate from the General Fund and shall be allocated to TMP office adm~nistration and the development and operation of TMAs. (b) Developer Impact Fees collected pursuant to Section 9224(b) shall be deposited into an account separate from the General Fund and shall be allocated to the following uses: (1) Transportation demand management (TOM) improvements. (2) Transportation system management (TSM) improvements, (3) Transportation facility development (TFD). (4) Public transit improvements, SECTION 9226. Transportation Plans, Contents of Worksite Employers and developers - 17 - shall prepare, l~ple~ent, and nonltor Workslte Transportation Plans for transportatl.on demand management (TOM), transportatlon system management (TSM) , and transportatlon facility development (TFD), WhlCh Worksite Transportation Plans shall reduce traffic and environmental impacts of their sites In the City, The Worksite Transportation Plan sha 11 be in a f arm approved by the City's Transportation Management Coordinator. (a) The Worksi te Transportation Plan shall include some or all of the following mitigation measures: fund an Coordinator; required. (1) Education and Marketing: Hire and in-house Transportatlon Management participate in a TMA if available or (2) Parking Management: increase employee parking fees; preferential carpool and vanpool parking. (3) Ridesharing: Conduct or participate in Rideshare Matching Program; broker vanpoolsi provide carpool, vanpool, and buspool subsidies, Charge or establish (4) Transit: Provide transit tokens or pass subsidies; dedicate land, if required or approved by the City, for light rail right-of-way, park-n-ride lots, transit stops, or bus bays; operate or fund shuttle bus operations; install and - 18 - malntaln bus shelter(s) I If requlred or approved by the CIty, (5) BIcyclIng: Provlde secure blcycle storage facIlltles; provlde showers and lockers; develop or fund City-approved bIcycle paths. (6) Alternative Work Schedules: Implement 4/40 work weeks; implement 9/80 work weeks; establish telecommuting program. (7) Trip Length Reduction: Conduct outreach in order to facilltate hiring to lncrease proportion of employees living within three miles radius of worksite, (8) Other Measures Approved by the C1ty's Transportation Management Coordinator. (b) The Worksite Transportation Plan shall consist of a report that: (1) Calculates AVR levels for morning and afternoon peak periods. (2) Describes the plan incentives to be offered. (3) Determines the nnmher and percentage of the project population that participates in rideshare activities, by mode, and estimates these statistics for the upcoming plan year. (4) Determines the use of Code-required on-site parking facilities (i.e., number of spaces for visitors, single occupant vehicles, carpools, - 19 - or other object that can cause serious bodily injury to any person, (8) No performance shall last more than thirty (30) minutes and at least a thirty minute break shall occur between performances unless the city Manager, in his or her sole discretion, establishes rules requiring performers to adhere to difference performance schedules. Performers assigned to odd numbered performance sites may perform only between the beginning of the hour or thirty minutes past the start of the hourr and performers assigned to even numbered performance sites may perform only between thirty minutes past an hour and the beginning of the next hour, (9) Performers shall comply with the provisions of the City's Noise Ordinance and in addition shall not perform so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed. (10) Performers shall keep his or her performance site litter free. (11) Performance permits are not transferable or assignable. - 8 - site whc is responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey whicb is not more than six months old, or other mechanism approved by the parking and Traffic Engineer. This survey must be taken over five consecutive workdays (Honday through Friday). This survey must have a minimum response rate of 75% of employees who report to work between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. (14) Includes a zip code listing showing where all employees live who report to the worksite during the peak periOdS. (15) Lists public transit serving the worksite, indicating the locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking otficial on site. services specific (17) Describes the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. - 21 - SECTION 9227, Employer Worksite Transportation Plans. (a) All employers of 10 or more employees shall be required to submlt a Worksite Transportatlon Plan to the City in accordance with the procedures set forth In Section 9228, (b) Employers of 10-49 employees shall identify measures in their Worksite Transportation Plan to be made available to their employees which are expected to reduce the number of single-occupant vehicle eommute trips to their worksite. At a minimum, the following information must be made available to each employee: (1) Carpooling/vanpoolinq information, including information about the services provided by the regional ridesharing agency and their phone nnmher. (2) Bus schedules and token/pass purchase information. (3) Information on air pollution and options to driving to work alone. (4) Bicycle route and facility information, including regional/local bicycle maps, locations of nearest bicycle locker storage facilities, and bicycle safety information. (5) Information on walking to work, pedestrian safety and walking shoe information. - 22 - ~ ~ (e) Enployers of 50 or more eilployees shall J.dentJ.fy measures J.n the.lr \~orksl te Transportation Plan which wlll result In a workslte AVR of at least 1.50 during a,m, and p,rn. peak perlods through measures speclfied In Sectlon 9226. (d) Employers of 50 or more employees shall designate a worksite Transportation Plan Coordinator for the worksite in the Worksite Transportation Plan, (e) Employers at multiple worksites that are located wi thin close geographic proximity of each other and Employers at multi-tenant worksites where more than fifty (50) employees are employed in the aggregate may voluntarily form a Transportation Management Associatlon ("TMAn) and shall do so within ninety (90) days of notification If the city's Transportation Management Coordinator so requires. For purposes of determining whether more than fifty (50) employees are employed at a multi-tenant worksite, employees who are employed by an employer with fewer than ten employees need not be counted. (f) Upon the Parking and Traffic Engineer's approval of a written request, an employer may submit a single Worksite Transportation Plan encompassing all worksltes subject to the requirements of this Chapter if the worksites are within one-half mile of each other. - 23 - (g) .~ll e"lployer- ~';orkSl te Transportation Plans shall be conslstent wlth any plans previously submitted by the developer of the property at which the workslte lS located, SECTION 9228, Procedures for Submission of Employer Worksite Plans. (a) The City TMP Office shall begln sending written notice by certified mail to employers in accordance with the following schedule: November 1, 1991 and November 1 of every year thereafter Employers who employ 100 or more employees November 1, 1992 and November 1 of every year thereafter Employers who employ 50-99 or more employees November 1, 1993 and November 1 of every year thereafter Employers who employ 10-49 employees, Each employer shall submit to the City's Transportation Management Coordinator a Worksite Transportation Plan within 90 calendar days after the receipt of the notice. For employers of 100 or more employees, an approved Regulation XV Plan less than six months old may be submitted as the Worksite Transportation Plan, In the event that the employer reasonably needs more time to submit a Worksite Transportation Plan, the employer may file a written request for an extenslon with the city's Transportation Management Coordinator. All requests must be recelved by the city TMP Office no later - 24 - than 75 calendar days after notlflcatlon by the Clty. The Clty's Transportation Management Coordinator shall notlfy the e~ployer whether or not the extenslon has been granted wi thln 15 days of receipt of a written request for extension. In no event shall the submission date be extended for more than 60 days from the lnitial submlssion date. (b) After the employer submits the Worksite Transportation Plan, the Ci ty' s Transportation Management Coordinator must either approve or disapprove the plan within 120 days. Notice of approval or disapproval shall be given by registered or certified mail. If the Workslte Transportation Plan is disapproved, the reasons for disapproval shall be given in writing to the employer. 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 30 days of the notice of disapproval. (c) An approved employer plan may be revised by submitting a plan revision. The revision shall not be effectlve until approved by the City's Transportation Management Coordinator. (d) No employer ot 100 or more employees shall be responsible tor complying with this Chapter until such time as the City and SCAQMD execute an an agreement which provides an exemption to those - 25 - .. .. employers from the requirements of filing a Regulation XV plan with the SCAQMD. If at any time the City fails to meet its obligations under the executed agreement, employers of 100 or more employees in the City shall be released from this Chapter and shall be subject to compliance with SCAQMD Regulation XV requirements. (e) It is the responsibility of all employers o~ 100 or more employees to submit to the City their Worksite Transportation Plan by November 1, 1992, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. (f) It is the responsibility of all employers of 50-99 employees to submit to the City their Worksite Transportation Plan by November I, 1993, even if they do not receive a notice from the City, unless they have been notified by the city to do so at an earlier date. (q) It is the responsibility of all employers of 10-49 employees to submit to the City their Worksite Transportation Plan by November 1, 1994, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. (h) It is the responsibility of all employers subjeot to this Ordinance to submit an updated Worksite Transportation Plan to the city annually on - 26 - the anniversary date of the most recent Worksi te Transportation Plan approval by the city. SECTION 9229. Transportation Management Associations (TMA's). (a) Transportation Management Associations are groups formed so that employers, employees, developers, and building owners can collectively address community and worltsite transportation- related problems. Transportation Management Associations may be formed to implement TDN, TSM and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a .TMA is to pool resources to implement solutions to commuter-related congestion problems in conjunction with the city Transportation Coordinators. (b) The city will certify TMA/s that submit a first year work plan which outlines the followinq: (1) A mission statement which describes the reasons for the association's existence and the overriding goals of the TMA. (2) Goals and objectives for the first year which tarqet achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMA and how the TMA will help meet the area and regional transportation and air quality goals. - 27 - (3) A plan for a basel ine survey of commuters and employers in the area to establish existing commuter characteristics and attitudes of commuters toward traffic and the use of commute alternatives. The employer survey shall otltain 11 descriptive profile of existing programs and employer attitudes toward developing new programs. (4) The services to tie provided by the TMA to its members, including the commute alternatives to be provided and promoted, the advocacy and marketing activities planned, and the role of the TMA staff in providing the services. (5) A marketing plan which creates an identity for the TMA and wbich describes how tbe THA's planned services will be marketed to member employers and their employees. (6) A monitoring and evaluation plan which will be used to measure progress against goals and objectives, including results of the THA's activities with each member. This plan will be used to provide annual reporting information to the city. (7) A budget which details how the work of the TMA will be accomplished, including details of pUblic and private financing and expenditures. (c) The TMA must provide an annual report to the City to become re-certified yearly. The annual report shall include the same elements as the first year plan with the following exceptions: - 28 - ( l) The ml.ssion statement restated based on changes objectives of the TMA, if any. (2) The goals and objectives shall be updated to reflect progress and changes in the TMA in the shall goals be and services. (3) The baseline survey need not be repeated, however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey. (4) The evaluation and results shall be discussed and used to described the next year's planned activities. SECTION 9230, Developer Worksite Transportation Plans. Developers of non-residential projects which will result in ten (10) or more peak period trips shall submit a Worksite Transportation Plan to the city for implementation of selected measures from section 9226 at their development site in accordance with the procedures set forth in section 9231. SECTION 9231. procedure for submission of Developer Plans. (a) Developers ot non-residential projects which will qenerate 10 or more p.m. peak period trips who apply for building permits for new or expanded development proJects ln the City shall be - 29 - However, cOFpl~an::::e '.n th such plans shall be accompllshed by the requ~re~ent set forth ~n Sect~on 9227 that employer works~te plans be consistent with developer plans for the worksite, unless the Transportation Management Coordlnator approves alternative plan components. (e) A developer may amend a Worksite Transportation Plan subsequent to approval of such plan by submitting a plan revision. A subsequent owner may amend a plan in the same manner. The amended plan shall not be effective until approved by the City'S Transportat~on Management Coordinator. SECTION 9232. Transportation Mitigation Monitoring. (a) Annua 1 Report and P Ian Update. Ongo ing monitoring of an approved Worksite Transportation Plan shall be conducted by the employer using standardized forms approved by the City in order to monitor progress in achieving transportation mitigation goals. An annual report shall be submitted twelve (12) months from the date of the initial plan approval date. The City shall notify the employer of the submittal deadlines for the review and update. The annual report shall focus on ridesharing and trip-reduction incentives offered by the employer. The reView and update shall consist of a report that: - 31 - required to SUbI'll t a ;':or-ks Lte Transportatlon Plan meeting the requlrements of th~s Chapter at the tlme of appllcation for the proJect's first planning approval. The City's Transportatlon Management Coordinator shall approve or dlsapprove the plan within thirty (30) days of project approval by the Planning Division or the C~ty Council, when a Plannlng Division approval is appealed. Notice of approval or disapproval shall be g~ven by registered or cert~fied mail. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer. Any plan disapproved by the City's Transportation Managenent Coord~nator must be revised by the developer and resubmitted to the City's Transportation Management Coordinator within 30 days of the notice of disapproval. (b) Developer Worksite Transportation Plans shall include those it.ems listed in section 9226 which relate to faoility improvements that the developers may implement. Examples of developer plan elements include preferential parkinq areas, bicycle storage lookers, showers anCl lockers, and transit bays. (e) An approved worksite transportation plan shall be required prior to issuance of a building permit. update (d) Developers shall not approved transportation be required to management plans. - 30 - (1) Calculates AVR levels attalned under the approved plan. (2) Ver~fles that the plan incentlves have been offered. (3 ) DeterIt'lneS the number and percentage of the proJect population that participated in rldeshare actlvitiesl by model since the last reporting date. (4) Determlnes the use of Code-required on-site parking facilities (i. e. I number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and the progress made s~nce the last reporting date. (5) Determines the use of off-site parking to achieve rideshare and transit objectives since the last reporting date. (6) Determines the number of transit tokens/passes sold to project employees at full or discounted prices Slnce the last reporting date. (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute. (8) Determines the number of bicyclists and the number of bicycle racks and lockers installed since the last reporting date. (9) Determines the physical condition of project-related TSM capital improvements. - 32 - p p (10) Deter~lres rorn~ng and even~ng peak per~od veh~cle tr~ps to and from site. (11) Identlf~es and evaluates obJectives of the plan that did or dld not work and provides an explanation of why the revised plan is likely to achieve the AVR target levels, ll.stl.ng additional incentives which can reasonably be expected ta correct deficiencies. (12) provides the name of the designated person or tra~ned Worksite Transportation Coordinator at each slte responsible for the preparation, irnplel1entatlon, and moni taring of the plan. (13) Includes an employee survey WhiCh is not more than six months old, or other mechanism approved by the Parking and Traffic Engineer. This survey must be taken over five consecutive workdays (Monday through Friday). This survey must have a minimum response rate of 75% of employees who report to work between 6:00 a.m. and 10:00 a.m. inclusive Monday through Frlday, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. (14) provides a zip code listing showing where all employees live who report to the worksite during the peak periods. - 33 - (15) Lists publ.:..c transl t serVices serving the '.vorkslte, indicatinq the specific locations of nearby translt stops. (16) Includes a management commitment cover letter signed by the hlghest ranking official on site. (17) Provides a description of the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (18) Includes updates and revisions to the Worksite Transportation Plan as the City's Transportation Management coordinator deems . appropriate, if the annual report indlcates that the goals of the prev~ously approved Worksite Transportation Plan have not been met. (b) City Au"dit. The City shall perform follow-up audits on a selective basis. Employers shall receive at least ten (10) days notlce of such an audit. An audit may lnclude, but shall not be limited to, an on-slte inspection and a demonstration that an employer is performing the ongoing monitoring required by this section. - 34 - SECTION 9233. Enforcement. (a) VLolatio~s of Th~s Chapter. ( 1) No bUs~ness license shall be renewed if an employer has not pald the fee requlred by this Chapter. (2) Failure to SUbMit an initial plan, annual report and plan update, or mandatory plan revisions, or failure to implement provlsions of an approved plan, is a violation of this Chapter. (3) Each day that a developer or employer violates the provisions of this Chapter or the terms and conditions of any approved worksite transportation plan shall constitute a separate violation. (b) EnforceMent Actions. In addition to any other remedy provided for by law, the City may take the following actions for violation of this Chapter or of the terms and conditions of any approved Worksite Transportatlon Plan: (1) Require the addltion of elements to a work or development site plan submitted by an employer or developer. (2) Transfer authority for plan implementation from an employer or developer to the city. (3) Institute proceedings to revoke any approval of a workslte transportation plan. - 35 - p .. . (4) Revoke the buslness llcense held by any violator, followlng the procedures set forth in Section 9150.6 of the Munlclpal Code. (5) I!",pose an enforcement fee as prov1ded for 1n Section 9232C. (6) Request that the City Attorney take appropriate enforcement action. Referral by the City's Transportatlon Managenent Coordinator is not a condition precedent to any enforcement action by the City Attorney. (7) For violators with 100 or more employees, refer the matter to the South Coast Air Quali ty Management District ("SCAQMD") , for appropriate action under Article 3, Chapter 4, Part 4 of Division 26 of the Health and Safety Code. (c) Enforcement Fees. (1) An enforcement fee shall be paid to the City by each person who has violated the provisions of this Chapter or the terms and conditions of any Worksite Transportation Plan. The purpose of this fee is to recover the costs of enforcement from any person who violates the provisions of thls Chapter or any permit or approval. (2) Fees shall be assessed as follows: (a) For the first violation during a calendar year, there shall be no fee. The City's Transportation Management Coordinator shall, - 36 - . however, cause a warnl~g ~Qtlce to be mailed to the v1olator. (b) For the second v~olat1on during the calendar year, the fee shall be Five Dollars ($5.00) per employee per day. (3) The City's Transportat~on Management Coordlnator shall cause to be issued a notice imposing enforcement fees under this Section. The notice shall provide that the fee shall be due and payable within fifteen (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: (a) A notice of appeal shall be filed with the City's Transportation Management Coordinator within ten (IO) 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 1n the amount of all fees due. If, as a result of the hearing, it is determined that the City lS not entitled to all or a portion of the money, the city shall refund to the person all or a portion of the money deposited. - 37 - . (c) The ~'Vorks 1 te Transportat~on Plan Appeals Board (ll~';TP Appeals Board") shall hold a hearing on the appeal w~thIn forty-fIve (45) days of the date of fIllng of the appeal. The City shall g~ve the appellant at least five (5) days notice of the t1me and place of,the hearlng. The WTP Appeals Board shall render a decision wi th1n fifteen (15) days of the date of the hear~ng. The purpose of the hearing shall be limited to whether or not the violation occurred. (d) The WTP Appeals Board shall uphold an appeal of an enforcement fee under this Section in only one of the following circumstances: 1. An error has been made in calculating the enforcement fee. 2. The person is found not to have been violatIng the provisions of this Chapter or the terms and conditions of the Worksite Transportation Plan. (e) The decision of the WTP Appeals Board shall be fInal except for judicial review and there shall be no appeal to the City Council. (f) Any notice issued pursuant to this Section shall set forth the appeal rights as provided for in th1S subsectIon. (g) Any notice of revocation issued pursuant to this Section shall be final upon - 38 - . the eXplratlon of the appeal pe~lod if no appeal is tlmely filed or upon the deClslon of the WTP Appeals Board. SECTION 9234. Administrative Appeals. (a) Dlsapproval of a Workslte Transportation Plan by the Clty'S Transportation Management Coordinator, including a reV1Slon of such a plan, may be appealed to the Workslte Transportation Plan Appeals Board. (b) An appeal of an action by the City's Transportat1on ManageMent Coord1nator shall be filed with the city's parking and Trafflc Division within ten (10) consecutive calendar days following the date of action from WhlCh an appeal is taken. If no appeal is tlmely filed, the action by the City's Transportation Management Coordinator shall be f ina 1. (c) A hearing on an appeal shall be scheduled within sixty (60) days of the date of filing of an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than ten (10) consecutive calendar days prior to the hearing scheduled before the Worksite Transportation Appeals Board. (d) A written decislon on an appeal shall be issued thirty (30) days from the date of hearing. (e) An action of the City's Transportation Management Coord1nator that 1S appealed to the - 39 - Worksite Transportation ?lan Appeals Board shall not become effectl ve ur less and unt~ 1 approved by the Works1te Transportation Appeals Board. (f) A deC1Slon of the WTP Appeals Board on a Worksite Transportat~on Plan shall be final except for judic1al reVlew and there shall be no appeal to the City council. SECTION 2. Any prov1s1on of the Santa Monica Municipal Code or appendices thereto lncons1stent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or mod~fied to that extent necessary to affect the provisions of th1s Ordlnance. SECTION 3. If any sect10n, subsection, sentence, clause, or phrase of this Ordinance 1S for any reason held to be invalid or, unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall s~gn and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once l.n the official newspaper - 40 - wlthln 15 days af~er lts adoptlcn. ThlS Ordlnance shall becone effective after 30 days fro~ lts adopt~on. APPROVED AS TO FORM: r ...,-,~--...i- \.ov\. , ROBERT M. MYERS City Attorney ~ - 41 -