SR-9-A (91)
~
9-A
LUTM:PPD:pb:sf:pc
wjtmpapril
COUNCIL MEETING: April 14, 1992
APR 1 4 1992
Santa Monica, California
TO: Mayor and City council
FROM: city Staff
SUBJECT: Recommendation to Adopt Two Resolutions related to the
implementation of the Transportation Management Plan.
In Addition, Staff Recommends that council Authorize
the city Manager to Negotiate and Execute an Agreement
for Preparation of a Nexus study.
INTRODUCTION
wi th this report, staff is recommending the Council adopt two
Resolutions that are necessary to implement the Transportation
Management Plan (TMP). One Resolution would approve a Memorandum
of Understanding between the City of Santa Monica and the South
Coast Air Quality Management District
(SCAQMD)
exempting
employers from the need to file a Regulation XV Trip Reduction
Plan with SCAQMD, and the other would establish the Annual
Employer Fee
for administration and enforcement of the
Transportation Management Plan. In addition, this staff report
recommends that Meyer, Mohaddes Associates be awarded a contract
in the amount of $43,860 to prepare a nexus study to establish a
traffic mitigation fee on new commercial development so that such
development pays for the improvements to the City circulation
network made necessary by commercial development.
This staff
report provides background on the purpose of the TMP ordinance,
and provides specific information on the three actions staff is
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9-A
APR 1 4 1992
recommending.
BACKGROUND
On November 12, 1991 the Santa Monica city council adopted the
Transportation Management Plan (TMP) ordinance in an effort to
reduce transportation congestion on City streets and to improve
air quality. The Ordinance was adopted with findings that future
traffic congestion on surface streets will be severe due to
expected growth in population and employment opportunities in the
City unless measures are taken to reduce commute hour traffic
levels. The Ordinance sets out goals that include reducing the
number of vehicle trips and total vehicle miles traveled1
reducing vehicle air pollution, energy usage and ambient noise
levels 1 ensuring City compliance with South Coast Air Quality
Management District Regulation XV1 achieving a City-wide commuter
Average Vehicle Ridership of 1. 50 within three (3) years; and
improving levels of service on streets and intersections that
have already reached Level of Service "E" or "F" during peak
hours. The Ordinance will also assist the city in meeting the
requirements of the Federal Clean Air Act, the California Clean
Air Act, the regional Air Quality Management Plan, and the Los
Angeles County Congestion Management Plan.
In order to implement the proposals adopted in the TMP, a
Memorandum of Understanding between the City and the South Coast
Air Quality Management District and an annual employer fee need
to be adopted. In addition, the ordinance creates the need for a
mitigation fee to fund improvements to the City'S circulation
network. This fee would apply to new commercial development and
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would pay for the impact new development has on the circulation
network.
In order to implement the fee, a nexus study must be performed to
determine the specific costs that are attributable to new
development. without the study, the City cannot impose a fee to
implement the circulation improvements.
MEMORANDUM OF UNDERSTANDING
The SCAQMD, through the adoption of the Regulation XV program,
requires employers of 100 or more employees to reduce the number
of morning peak period home-to-worksite vehicle trips. Since
the City of Santa Monica's TMP is accepted by SCAQMD as being of
equal or greater stringency than Regulation XV, employers subject
to Regulation XV may claim an exemption from the need to file a
Regulation XV Trip Reduction Plan with SCAQMD and only submit a
plan to the city.
Santa Monica's TMP is more stringent than SCAQMD's Regulation XV
in that it applies to employers of 10 or more employees and
attempts to reduce congestion in both the morning and evening
peak periods.
The approval status of the city's TMP ordinance by SCAQMD occurs
through a Memorandum of Understanding which must be approved by
the City Council and the SCAQMD Board of Directors. on March 6,
1992, the SCAQMD Board of Directors approved the Memorandum of
Understanding.
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The Memorandum of Understanding, developed by staff from SCAQMD
and the city of Santa Monica, includes:
o A guarantee that the full intent and purpose of
Regulation XV is maintained and enforced (i. e., that
the city's TMP is as stringent or more stringent than
Regulation XV) .
o A procedure which prevents the approved status of the
TMP from lapsing during future modifications to either
Regulation XV or the TMP.
o A mechanism with which employers can claim an exemption
from the need to file a Regulation XV Trip Reduction
Plan with SCAQMD.
The City of Santa Monica will enforce the TMP ordinance, but will
report to SCAQMD any violations or enforcement actions taken
against employers with 100 or more employees at a single
worksite. Because the City's TMP ordinance is not legally
enforceable against county, state or Federal agencies with
offices in the City, SCAQMD will enforce Regulation XV for these
government agencies.
This includes the Santa Monica-Malibu
Unified School District and Santa Monica College. The City will
submit its own TMP Plan directly to SCAQMD for review and
enforcement.
Employers in the City with multiple worksites throughout the
South Coast Air Basin will not be exempt from the City's TMP
ordinance since such an exemption would remove a large percentage
of employers from the ordinance.
This would include entities
such as banks, law firms, restaurant chains, fast food outlets,
grocery stores, and retail stores.
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EMPLOYER ANNUAL IMPACT FEE
As indicated in section 9224(a) of the TMP ordinance, an annual
employer fee needs to be adopted by resolution to pay for the
administration and enforcement costs of the TMP ordinance. with
the approval of the Memorandum of Understanding (MOU) with the
SCAQMD, employers in the City will be responsible for filing a
Worksite Transportation Plan with only the city. This requires
the City to be responsible for reviewing and enforcing the
submitted Plans instead of the SCAQMD.
As was indicated throughout the TMP ordinance adoption process, a
fee of $8 per employee for employers with 10-49 employees and $6
per employee for employers with 50 or more employees is proposed
to implement the program.
Attachment D shows Year 1, Year 2, Year 3. and Year 4 revenue
estimates for the TMP program based upon these fees and projected
number of employees in each category of the program. The TMP
will only address employers with 100 or more employees in the
first year, while the second year will address employers with 50
or more employees, and the third year and beyond will address
employers with 10 or more employees. The number of employees per
employer for the purpose of this analysis is based upon
information from the Southern California Association of
Governments. Actual employee numbers are being collected as part
of the annual business license renewal process.
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Assumptions were made, to the best of staff's knowledge,
regarding the amount of fee reduction which would occur based
upon incentives in the TMP ordinance. These reductions include a
25%
fee reduction
for membership
in a
city
certified
Transportation Management Association (TMA) and 40%, 50% and 60%
fee reductions for achieving a 1.5 average vehicle ridership
(AVR)
in one, two, or three or more consecutive years,
respectively. How many employers actually participate in TMA's
or achieve a 1.5 AVR will not be known until the ordinance is
implemented. The maximum potential fee reduction for an employer
is 85%. Employers with an approved Regulation XV plan which is
less than six months old may submit that plan to the City for
their first year requirements and not pay a fee.
The fee resolution may be amended annually as part the budgetary
process to adjust the fees up or down based on the amount of
revenues actually collected and the cost of administering the
Plan.
Based on these assumptions, the following revenues are expected
to be collected based on the fees proposed:
Year 1 (FY 1992-93) $75,000
Year 2 (FY 1993-94) 175,828
Year 3 (FY 1994-95) 302,554
Year 4 (FY 1995-96) 284,612
In order to provide effective service to the employers within the
City, it is necessary to enhance staffing specifically to
implement the TMP regulations.
The proposed budget for FY
1992-93 for administration and enforcement of the TMP ordinance
includes:
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1 Transportation Management Coordinator
2 Transportation Management Specialists
1 Staff Assistant III
Supplies and Expenses
$70,000*
91,000*
33,000*
55,000
Total:
$249,000
* Includes Benefits.
since the annual budget for the TMP Program is $249,000 and
revenues will not reach this amount until the third year of the
program, the shortfall experienced in the first two years will be
met through funds collected from the Water Garden and Colorado
Place Phase III projects to finance Citywide traffic mitigation
measures.
The development agreements for these projects allow
for up to $1,000,000 of these funds to be spent for salaries of
employees exclusively involved in the implementation of the TMP
ordinance.
APPROVAL OF NEXUS STUDY TO ESTABLISH AN IMPACT FEE
section 9224 (b) of the TMP Ordinance provides for a developer
impact fee for new commercial development to help defray the
costs of physical improvements to the circulation network needed
due to new development throughout the City. In order to comply
with state legislation, a nexus study is required to show a
relationship between new commercial development and deficiencies
in the transportation system and establish the pro-rata share of
the costs of implementing the physical improvements.
The need for an impact fee on new commercial development is shown
by the fact that new development and major additions to existing
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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. The City has developed a capital
improvement program in the citywide Traffic study to reduce the
traffic impacts of new development. However, there are not
enough resources to implement the improvements at this time. The
purpose of the proposed nexus study is to determine the cost of
the transportation improvements that can be assigned to new
commercial developments based on the relative impacts created.
As outlined in the TMP ordinance, the developer impact fee will
be set by separate resolution after the nexus study is complete.
The developer impact fee will apply to developments which have
not received certificates of occupancy as of the effective date
of the resolution establishing the fees.
A Request for Proposal (RFP) to prepare the nexus study to
establish an impact fee on new development was issued by the Land
Use and Transportation Management Department. Seven firms
received copies of the RFP, with Meyer, Mohaddes Associates and
Recht-Hausrath & Associates responding with a j oint proposal.
Staff reviewed the proposal and believes that it indicates a
clear understanding of the Nexus requirements and transportation
issues in the City. After analysis of the proposal, staff is
recommending a cost for the nexus study of $43,860.
Meyer, Mohaddes Associates developed the city-wide Traffix model
used in the City I S Master Environmental Assessment and has a
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strong working knowledge of local traffic conditions. The team
of Meyer, Mohaddes Associates and Recht-Hausrath & Associates was
also selected to conduct the Los Angeles County Transportation
Commission Congestion Management Program nexus study.
Per the city Attorney, since conduct of a nexus study is an
integral component of the city's Transportation Management Plan
(TMP) ordinance and program, and since TMP program costs are
eligible for reimbursement from the Water Garden and Colorado
place Phase III traffic mitigation fund, use of these traffic
mitigation fees is appropriate for the nexus stUdy.
Under the recommendations of this staff report, the city Manager
would be authorized to enter into a contract with Meyer, Mohaddes
Associates for the Nexus study.
BUDGET/FINANCIAL IMPACT
There is no projected budget or fiscal impact for approving the
resolution adopting the Memorandum of Understanding between the
city of Santa Monica and the South Coast Air Quality Management
District. However, the other recommendations presented in this
report do have a budget or fiscal impact.
The budget for administration of the TMP is approximately
$249,000 and will be partially funded by the Employer Annual
Impact Fee in the first two years. The Employer Annual Impact
Fee will fully fund the TMP program by the third year of
implementation. In the first two years there will be a total
shortfall of approximately $248,000 which will be off-set with
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funds collected from the Water Garden and Colorado Place Phase
III traffic mitigation fund. At least $650,000 of the $1,000,000
traffic mitigation fund remain to be spent on implementation of
the ordinance.
Revenue and expenditure accounts have already
been created during the FY 1990-91 Year-End Budget Review process
and no unreimbursed use of General Fund mcnies is proposed.
To fund the traffic mitigation fee nexus study, it will be
necessary for the City Council to appropriate $43,860 from the
General Fund balance to account #01-210-267-78520-5506-00000 and
to authorize use of $43,860 from the Water Garden and Colorado
Place Phase III traffic mitigation deferred revenue accounts as
reimbursement to the General Fund for nexus study expense. By
doing so, there will be no net impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council:
1) Approve the attached Resolution adopting the Memorandum
of Understanding with the South Coast Air Quality
Management District allowing employers in the City to
claim an exemption from filing a Regulation XV Plan
with SCAQMD.
2) Adopt the attached Resolution establishing the Employer
Annual Impact Fee to pay for the administration and
enforcement costs of the City'S Transportation
Management Plan ordinance.
3) Authorize the City Manager to negotiate and execute an
agreement with Meyer, Mohaddes Associates at a cost of
$43,860 for a nexus study on new commercial development
as part of the City's Transportation Management Plan.
4) Appropriate $43,860 from the General Fund balance to
account #01-210-267-78520-5506-00000 and authorize the
use of $43,860 from the Water Garden and Colorado Place
Phase III traffic mitigation deferred revenue accounts
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as reimbursement to the General Fund for nexus study
expense.
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Paul Casey, Transportation Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments:
A)
Resolution Adopting
Understanding
the
Memorandum
of
B) Draft Memorandum of Understanding
C) Resolution Adopting the Employer Impact Fee
D) Employer Impact Fee Revenue Estimates
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ATTACHMENT D
YEAR 1 REVENUE ESTIMATES
1()()+ FllIplnycrll
Ifll'% Nn I MA
# of Employees
Fee (56 per employee)
Revenues
50% ParhClpatlOn*
25,000
56
S 150,000
$75,000
* AssumptIOns
50% ParticIpatIOn due to Exemption If AQMD Reg XV Plan IS less than 6 Months Old
No TMA's Operational m FIrst Year
TOTAL REVENUE IN YEAR 1:
$75,000
YEAR 2 REVENUE ESTIMATES
I(KJ+ l'IIIIII~)v'-ni
7~'H Nn 'I M/\
# of Employees
Fee (56 per employee)
Revenues
65% DIscount.
18.750
56
$112,500
2'i'w, I M/\
6,250
56
$37,500
$13,125
TOTAL REVENUE:
$125,625
>I< AssumptlOTIS
25% of Employers wdl be In a iliA and receIve a 25% Fee ReductIon
TMA Member ReceJve 40% Fee ReductlOTI for 15 A VR
Total Fee ReductwD of65% for Members ofTMA
l)n n lJ9 1'l1Illlnyt..rs
'....1; 1\n I M^
# of Employees
Fee (S6 per employee)
Revenues
25% Dlscount**
6,694
S6
$40,163
TOTAL REVENUE:
>I< * AssumptIOns
25% of Employers v<111 be In a 'filA and recelYe a 25% Fee ReductIon
No A VR Fee ReductIOn ill Fast Year
TOTAL REVENUE IN YEAR 2:
H% 'I M/\
2.231
S6
513,388
$10,041
$50.203
$175,828
YEAR 3 REVENUE ESTIMATES
Inu+ Flllpluycrs
(,or); Nu I M^
# of Employees
Fee ($6 per employee)
Revenues
75% DlScount*
15,000
56
$90,000
TOTAL REVENUE:
* AssumptIOns
40% of Employers will be III a TMA and receIve a 25% Fee ReductIon
TMA Members ReceIve 50% Fee ReductIon for 15 A VR Two ConsecutlVe Years
Total Fee ReductIon of75% [or Members ofTMA
~(J - IJI.) 1'lIIpluvc:n
I,ll", Nn IM^
# of Employees
Fee ($6 per employee)
Revenues
65% DlScountU
5.355
56
$32,130
TOTAL REVENUE
**AssumptlOlls
40% QfEmployers will be 111 a TMA and receIVe a 25% Fee ReductIon
TMA Members Receive 40% Fee ReductIOn for 15 A VR forFJTst Year
Total Fee ReductIon of 65~ for Members ofYMA
IU - 41J EmploYLr\
X)''f No 'I MA
# of Employees
Fee ($8 per employee)
Revenues
25% Dlscount***
17,434
58
$139,468
TOTAL REVENUE:
.*. Assumptions
15% of Employers \\'111 be In a TMA and receIve a 25% Fee Reduchon
S8 Fee for Employers With less than 50 Employees
No A VR Fee Reduction m Fast Year
TOTAL REVENUE TN YEAR 3:
411'1I.IM^
10,000
$6
S60,OOO
$15,000
$105,000
411% IM^
3.57U
$6
S21.420
$7,497
$39,627
l~'JI'TM^
3,077
$8
$24,612
$18,459
$157,927
$302,554
YEAR 4 REVENUE ESTIMATES
I(XJ+ I-tllplu)'LrlC
f>1I'~ Nn I M/\
# of Employees
Fee (S6 per employee)
Revenues
85% Dlscount*
15,000
S6
$90,000
TOTAL REVENUE
* AssumptIons:
40% of Ernployers will be III a iliA and receIVe a 25% Fee Reduction
TMA Members Receive 60% Fee ReductIOn for 1 5 A VR three straJght years
Total Fee ReductIOn of 85% for Members ofT~.fA
'!i(J - IJIJ 1'l1Il'lu)'LI'"
r,II'Jr Nu'IM^
# of Employees
fee ($6 per employee)
Revenues
75% Dlscount**
5,355
S6
$32,130
TOTAL REVENUE
".AssumptJons
40% of Employers WIll be In a TMA and receive a 25% Pee ReductIOn
TMA Memhers Rece-1Ve 50% Fee ReductIon for 15 A VR two straight years
Total Fee ReductlOD of75% for 11ernbers ofTMA
10 - 49 IlrnplnYl..r~
'''''':I ~I)'IM^
# of Employees
Fee (S8 per employee)
Revenues
65% Dlscount***
15.383
S8
$123,060
TOTAL REVENUE
.**AssurnptlOns
25% of Employers Will he In a TMA and receIVe a 25% Fee ReductIon
S8 Fee for Employers with less than 50 Employees
TMA recelVes 40% Fee Reduction for achlevmg 1 5 A VR for first year
Total Fee ReductlOD of65% for Members ofTMA
TOTAL REVENUE IN YEAR 4:
40% 'I M/\
10,000
S6
SGO.Ooo
$9.000
$99,000
40% TMA
3,570
S6
S21,420
$16,065
$48,195
2V/tI I MA.
5.128
S8
$41.020
$14,357
$137,417
$284,612
Attachment A
RESOLUTION NO. 8387(CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADOPTING THE MEMORANDUM OF UNDERSTANDING
WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FOR THE TRANSPORTATION MANAGEMENT PLAN
WHEREAS, on October 23, 1984 the Santa Monica City Counc1l
adopted the Circulat10n Element of the General Plan, which directed
the C1ty to develop a Transportation System Management Plan to
implement the transportat10n management pol1c1es conta1ned in the
Circulation Element; and
WHEREAS, since adoption of the Circulation Element, the South
Coast Air Quality Management D1strict (SCAQMD), through adoption of
Regulation XV, has required reduction in the number of home-to-
worksite vehicle trips and resultant air pollution for employers
with 100 or more employees; and
WHEREAS, the primary purposes of the Transportation Management
Plan (TMP) ordinance are to reduce transportation congestion on
City streets and to improve a1r quality through the effective
management and coord1nation of both transportation demand and
systems in the City; and
1
WHEREAS, the TMP ord1nance goes beyond the requirements of
SCAQMD's Regulation XV program by covering employers of 10 or more
employees and requiring trip reduction programs for both the
morning and even1ng peak per1ods; and
WHEREAS, a preliminary draft TMP ordinance was released to the
public 1n March 1989 and a revised draft ordinance was released in
March 1991; and
WHEREAS, the Final Environmental Impact Report concluded that
the implementat10n of the TMP ordinance would not result in any
sign1f1cant environmental impacts and was adopted by the City
Council on October 29, 1991; and
WHEREAS, on March 20, 1991 the Planning Commission approved
the TMP ord1nance with recommendations to the City Council; and
WHEREAS, the TMP ordinance was adopted by the Santa Monica
C1ty council on November 12, 1991 after several years of study and
discussion with the business community, residential neighborhood
organizations, and other city, county and state jurisdict1ons; and
WHEREAS, a Memorandum of Understanding is required between the
City of Santa Monica and the South Coast Air Quality Management
District to allow employers in the city to claim an exemption from
the need to file a Regulation XV Trip Reduction Plan with SCAQMD,
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica
approves the Memorandum of Understanding between the City of Santa
MOn1ca and the South Coast Air Quality Management District (SCAQMD)
allowing employers 1n the City to claim an exemption from the need
to file a Regulation XV Trip Reduction Plan with SCAQMD.
SECTION 2. The City Counc1l certifies that the Memorandum of
Understanding w1l1 provide employers with a mechanism to claim an
exemption from filing a Regulation XV Plan with SCAQMD as long as
the approved status of the City's Transportation Management Plan is
maintained according to the provisions of section I of the
Memorandum of Understanding.
SECTION 3. The City Clerk shall certify to the adopt1on of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
City Attorney
tmp/moureso
3
Attachment B
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AND
CITY OF SANTA MONICA
This i1emorand',;n of Understanding ("MOU"), entered into this
day of
, 1991 by an between the South Coast
Air Quality Manag. ~nt District ("SCAC :"), and the City of Santa
Monl.ca ("C:1'Y") l.:; .ide wl.th reference ::0 the following:
RECITALS
A. SCAQMD and the CITY wish to insure that the full intent
and purpose of SCAQMD's Regulation XV will be maintained and
enforced.
SCAQMD also desires to support local government
inl.tiatives in adopting tr~p reduction ordinances and to minimize
l.nconvenl.ence and paperwork for employers who fall under both
SCAQMD reg"- ~tion and City regulation by providing a mechanism
for employeL_ to seek an exemption.
B. SCAQMD and the CITY wish to acknowledge that the City's
Transportation Management Plan Ordinance \ "TMP") sat:isfies the
requirements of Health & Safety Code Section 40449 in that it is
stricter than the rules and reg ~ations adopted by SCA,.!D an~ not
in conflict ~herewith.
C. T;~e part:ies wish to provide thaI: SCAQMD shall enforce
the TMP under the circumstances outlined below, and to deli~eate
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enforcement respons~b~lities between SCAQMD and the CITY for
employers and developers subject to the TMP.
D. The parties wish to provide a procedure to prevent the
approved status -of the I'MP from lapsing during future
mod1fications to Regulation XV or the TMP.
NOW, THEREFORE, 1S mutually agreed by and between the
undersigned parties as follows:
1. APPROVAL OF TRIP REDUCTION ORDINANCE.
The TMP adopted by the CITY is attached as Appendix 1
to this document. The signatures of the parties to this
Agreement constitute approval of the TMP by SCAQMD. For purposes
of this Agreement, "approved" status of the TMP signifies
acknowledgment that the TMP is an ordinance with respect to air
pollut~on control which 1S stricter than and not in conflict with
the rules and regulations adopted by the SCAQMD w~thin the
nean1ng of Health & safety Code Sect~on 40449, and that the TMP
~s an ordinance with tr~p reduction requirements stricter than
SCAQMD's Regulation XV, within the meaning of SCAQMD's Rule
l504(a).
Approved status of the TMP shall be maintained unless:
A. Regulation XV is amended and the City does not
adopt the amendments as outlined in Section 2 of this MOU;
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B. The THP ~s amended to be less stringent than
Regulation XV;
C. The THP is resc1nded by the city Council; or
D. Approved status of the TMP is revoked by the SCAQMD
pursuant to Section 4 of thi \greement.
2. MAINTENANCE OF TMP'S APPROVED E-....TUS.
A. If changes in Regulation XV are initiated by SCAQMD
which would ~~nder the TMP less stringent than Regulation XV, the
following pro~~_~res shall apply:
1.. The SCAQMD shall advise the CITY of possible
amendments to its Regulation XV at the time that public hearings
on such amendments are set.
2. Following adoption by the SCAQMD Governing
Board of modifications to Regulation XV, SCAQMD shall notify the
CITY in writing of the nature of those modifications no later
than 30 days from adoption date.
3. Upon receiving notification of adopted
modification!' .ty Council shall have 90 days in which to
consider J\fe necessary modifications to the TMP if it
wishe~ ~ :ain the TMP's approved status.
B. If changes in the TMP are initiated by the CITY,
and '" CITY wishes to ma1ntain the TMP's approved status, the
following procedures shall apply:
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1. Discuss1.ons will be init1.ated with SCAQMD on
the acceptability of the proposed amendment prior to any public
hearing before the city Counc1.1 concerning the proposed
amendment.
2. SCAQMD shall respond to the City within 60 days
of receipt of the proposed amendment(s). If the SCAQMD fails to
approve or disapprove the amendments within 180 days, the City
may deem the amendments approved.
3. The City shall notify SCAQMD in writing of any
amendments adopted by the City Council. If such amendments were
previously approved under this Section 2, the approved status of
the TMP will remain unchanged.
C. Nothing In this Section 2 shall affect the
authority of the CITY to amend the TMP without regard to whether
the TMP's approved status is ma1.ntained.
3. RULE 1504 EXEMPTIONS.
In order to streamline procedures for employers
claimlng exemption from the need to file a Regulation XV Trip
Reduction Plan with SCAQMD, pursuant to SCAQMD's Rule 1504, the
following procedures shall applY:
A. The CITY shall notify employers subj ect to
Regulation XV located in the CITY of the need to file an
application with the Executive Officer of SCAQMD to obtain
exemption from the need to file a Regulation XV Trip Reduction
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Plan with SCAQMD. The CITY shall ma~l the notification and
exemption application form to employers. In the case of new
employers, the not~fication and exemption application shall be
sent with the first not~fication of the requirement to file a
work site transportation plan ("Plann) with the CITY.
Thereafter, a notification and exemption application form shall
be mailed to employers annually along with the information packet
requ~red for annual Plan updates.
B. The CITY shall develop the "emption application
form which shall be subject to apprc -1 by the SCAQMD. The form
shall requ~re employers to complete and return the form to the
SCAQMD Executive Officer w1thin 60 calendar days prior to the due
date for submission of the ~nitial or biennial plan to SCAQMD, as
required by SCAQMD Rule 1504.
C. As long as the approved status of the TMP is
rna1ntained according to the prov~sions of section 1 of this
Agreement, SCAQMD shall grant initial exempt10n from the
requ1rement to submit a plan to the Executive Officer pursuant to
Regulation XV to all regulated employers who follow the
procedures of this section 3.
D. Each employer shall be required to submit an annual
exemption application form to the Executive officer of the
SCAQMD, in order to maintain an exemption from the requirement to
submit a plan to the Executive Officer pursuant to Regulation XV.
- 5 -
4. AGREEMENT ON PLAN(UPDATE EVALUATION.
SCAQMD shall share information with CITY staff on
current methods and criter~a for reviewing plans, including any
standards or yardsticks used in plan/update evaluation. CITY
staff shall not approve updates from employers who have failed to
~mprove their AVR to meet SCAQMD required target AVR, unless
update modifications are made to the Plan which, in the opinion
of CITY staff, constitute a good faith effort to meet target AVR.
Employers meeting their AVR goals shall submit updates which
ma~ntain such goals.
Consistency between the CITY and SCAQMD plan review
process and criter~a will be evaluated by SCAQMD during annual
performance evaluations of the TMP. In the event that SCAQMD
f~nds the CITY's plan review process and evaluation criteria are
less rigorous than those of SCAQMD, SCAQMD shall give CITY notice
of the discrepancy, specify~ng the manner in which the plan
rev~ew process and evaluation criteria are less rigorous than
those of the SCAQMD. CITY shall have 90 days to cure such
defect. If SCAQMD finds that such discrepancies have not been
cured within such 90 days, SCAQMD reserves the right to revoke
the approved status of the TMP.
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5 . ENFORCEMENT OF REGULATION "XV /TMP ORDINANCE.
A. Except as provl.ded in Sectl.on 5C below, the CITY
shall enforce the TMP ordinance with respec- to employers within
the City. The CITY shall, however, report to SCAQMD any
violations of the TMP by, or enforcement act: ::ms taken against
employers with 100 or more employees a" a single work site,
within a reasonable time of the vl.olation or enforcement action.
B. SCAQMD shall enforce Regulation XV against any
county, state or Federal agency with offices i~ the City of Santa
Monlca, and the TMP against the City. SCAQMD shall make copies
of the Regulation XV plans subm~ tted by such County, state, or
Federal agencl.es, to the City of Santa Monica for informational
purposes. The City of Santa Monica shall submit ltS TMP Plan
directly to the SCAQMD.
C. Pursuant to Health & Safety Code Section 40449,
SCAQMD retains the author~ty to enforce the TMP against any
employers in the City, if SCAQMD finds that the City is not
enforcing the Ordinance. SCAQMD shall give the City notice of
its lntent to enforce, and the City shall have 30 days in which
to cure any defects in ltS enforcement prior to SCAQMD
enforcement. In the event SCAQMD undertakes enforcement action,
SCAQMD shall notify the CITY of planned or unplanned employer
audlts or compliance inspections at least 24 hours in advance of
such action to allow CITY auditors to be present if they so wish.
CITY staff and SCAQMD staff shall share lnformation from audit
- 7 -
reports and shall agree on the criter1a by which to determine
non-compliance with the TMP.
6. ANNUAL PERFORMANCE REPORTS TO SCAqMD.
For employers with 100 or more employees at a single
work site, the CITY shall computerize all Plan or update data so
that information will be easily accessible to SCAQMD for
analysis, evaluation, and progress reporting. Information to be
collected includes employer's location, AVR, incentives, and
budget.
SCAQMD shall use the plan/update data base to help evaluate
the effectiveness, cost and benefits of different types of
incentives. SCAQMD shall share the results with the city, which
shall use such information in helping advise employers in the
CITY on how best to meet the requirements of the TMP.
7. EMPLOYERS FILING MULTI JURISDICTIONAL PLANS.
Employers in the CITY with multiple sites throughout
the South Coast Air Basin shall not be exempt from the TMP. Such
employers must comply with TMP requirements~
8 . FORM OF MATERIALS.
To insure uniformity and validity in making performance
comparisons and evaluating effectiveness of trip reduction plans
at the local and regional levels, all TMP materials and forms
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~sed by the CITY ~ust be prepared 1n consultation w1th SCAQMD to
ensure compat1b1lity w1th those materials used by SCAQMD.
9. TRAINING COURSES.
The training of employer transportation coord1nators or
transportation management coordinators must be conducted by
SCAQMD-approved tra1n1ng organ1zations.
10. AMENDMENTS.
Any amendments or additions to this document must be in
~r1t1ng s1gned by both part1es.
CITY OF SANTA MONICA
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
ROBERT M. MYERS
C1ty Attorney
SOUTH COAST AIR QUALITY MGT. DIST.
GOVERNING BOARD
By
Cha1=an
APPROVED AS TO FORM:
PETER M. GREENWALD
District Counsel
- 9 -
Adopted and approved this 14th day of April, 1992.
~~
I hereby certify that the foregoing Resolution No. 8387(CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on April 14, 1992 by the fallowing
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~i!'a~
--- City Clerk/
Attachment C
-,
RESOLUTION NO. 8388(CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADOPTING THE EMPLOYER ANNUAL IMPACT
FEE FOR THE TRANSPORTATION MANAGEMENT PLAN PROGRAM
WHEREAS, on October 23, 1984 the Santa Monica Clty council
adopted the Clrculation Element of the General Plan, which directed
the City to develop a Transportation System Management Plan to
implement the transportation management policies contained in the
Circulation Element; and
WHEREAS, since adoptlon of the circulation Element, the South
Coast Air Quallty Management Dlstrlct (SCAQMD), through adoption of
Regulation XV, has required reduction in the number of home-to-
worksite vehlcle trips and resultant air pollution for employers
with 100 or more employees; and
WHEREAS, the primary purposes of the Transportation Management
Plan (TMP) ordlnance are to reduce transportation congestion on
City streets and to improve air quality through the effective
management and coordination of both transportation demand and
systems in the City; and
WHEREAS, the TMP ordinance goes beyond the requirements of
SCAQMD's Regulation XV program by covering employers of 10 or more
1
....
employees and requiring trip reductlon programs for both the
morning and evening peak periods; and
WHEREAS, a prellmlnary draft TMP ordinance was released to the
public in March 1989 and a revlsed draft ordlnance was released in
March 1991; and
WHEREAS, the Final Envlronmental Impact Report concluded that
the implementation of the TMP ordinance would not result in any
significant envlronmental lmpacts and was adopted by the city
Councll on October 29, 1991; and
WHEREAS, on March 20, 1991 the Planning Commission approved
the TMP ordinance with recommendations to the City Council; and
WHEREAS, the TMP ordinance was adopted by the Santa Monica
City Council on November 12, 1991 after several years of study and
discussion wlth the buslness community; residential neighborhood
organizations; and other city, county and state jurisdlctions; and
WHEREAS, the Employer Annual Impact Fee outlined in the TMP
ordinance, whose purpose is to pay for the costs of administration
and enforcement of the TMP ordinance, is to be set by separate
resolution,
2
,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica
approves the implementat10n of an Employer Annual Impact Fee as
required in the Transportation Management Plan ordinance.
SECTION 2. The city council certifies that the employers of
10-49 employees are required to pay an Employer Annual Impact Fee
of eight dollars ($8) per employee.
SECTION 3. The city Council certifies that the employers of
50 or more employees are required to pay an Employer Annual Impact
Fee of six dollars ($6) per employee.
SECTION 4. The city council certifies that employers of 100
or more employees are required to pay the Employer Annual Impact
Fee the first year and all following years as specified in the TMP
ordinance, while employers of 50 or more employees are required to
pay the Employer Annual Impact Fee the second year and all
following years, and employers of 10 or more employees are required
to pay the Employer Annual Impact Fee for all following years.
SECTION 5. The City Council certifies that employers may
achieve fee reductions of up to eighty f1ve percent (85%) by
meet1ng certain goals and requirements outlined in the TMP ordinance.
3
SECTION 6. 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:
~. '~,.. <.
1 ........... . ....;;r_....,...._. '-", ,.
'l( ~~~ .., ~ 1 '-""
. ~
,
ROBERT M. MYERS
City Attorney
tmpjfeereso
4
Adopted and approved this 14th day of April, 1992.
~~
I hereby certify that the foregoing Resolution No. 8388(CCS)
was duly adopted by the City council of the City of Santa Monica
at a meeting thereof held on April 14, 1992 by the following
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~~M~
~ City Clerk (