SR-8-D (43)
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COUNCIL MEETING: August 20, 1991
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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.
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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:
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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:
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ROBERT M. MYERS
City Attorney
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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.
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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.
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(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
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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.
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(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.
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(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.
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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
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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,
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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,
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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.
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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 -