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Report
City Council Meeting: July 28, 2020
Agenda Item: 7.B
1 of 9
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, Pedicabs and Bikeshare Recommended Action
Staff recommends that, to reflect recent operational changes effectuated by the budget and staffing impacts of the COVID-19 pandemic, the City Council:
(1) introduce for first reading the attached ordinance amending Chapter 3.08 Preferential Parking Zones, Chapter 3.20 Bikeshare, Chapter 6.50 Pedicabs, and Chapter 9.53 Transportation Demand Management; and,
(2) give direction to transition the Taxicab Franchise-based system to a permitbased system.
Summary
Changes to the Santa Monica Municipal Code (SMMC) and transportation procedures are necessary to align with restructuring of City services adopted by the Council to respond to the COVID-19 pandemic and its long-term economic impacts. Staff recommends adoption of the proposed ordinance to implement the most time-sensitive changes in the areas of Employer Trip Reduction, Preferential Parking, Pedicabs and Bikeshare programs, as follows:
• SMMC Chapter 9.53—Transportation Demand Management: suspend requirements, including the Emissions Reduction and Worksite Transportation plans, for employers of 49 people or fewer; suspend City rideshare program; and reduce Transportation Management Organization services; • SMMC Chapter 6.50—Pedicabs: eliminate the requirement for a local pedicab driver permit and operator permit; retain existing requirements for a business license, insurance, inspection decal, and pedicab driver and carriage requirements, and update SMMC to remain in compliance with State law;
10.B.g
Packet Pg. 815 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 2 of 9
• SMMC Chapter 3.08—Preferential Parking Zones: suspend designation of new or amended preferential parking zones for a period of 4 years; continue to implement pre-approved zones and issue and renew permits in existing zones; • SMMC Chapter 3.20—Bikeshare: enable a commercial operator to run the City’s public bike share system in the public-right-of-way.
Staff also seeks direction on pursuing changes to SMMC Chapter 6.49—Taxicabs to transition the current franchise-based system to a permit-based system and pursue regional permitting options.
Background
On May 5, 2020, Council considered citywide restructuring necessitated by the economic fallout from the COVID-19 pandemic. This included reconsideration of staffing, program funding, and contractual obligations in order to address the projected budget shortfall. On June 9, 2020, Council considered a draft budget proposal that identified budget impacts on staff activities and services. On June 23, 2020, Council approved a citywide budget that established FY20/21 departmental budgets and finalized staffing and resource changes. The Santa Monica Municipal Code (SMMC) includes several transportation-related provisions that require changes to align with the adopted restructuring.
Discussion
On June 9, 2020, Council received details of how City services and programs are being restructured to respond to the COVID-19 pandemic and its long-term economic impact.
Citywide changes included operational, maintenance and permitting functions that eliminated internal functional capacity for street striping and signs, engineering, rideshare, neighborhood traffic calming and grant reporting due to the loss of 16 staff dedicated to these efforts. Some changes identified in the transportation services and programs require updates to relevant SMMC sections as identified in this report.
Redline changes to the code sections are provided in Attachment A, the proposed ordinance.
10.B.g
Packet Pg. 816 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 3 of 9
1. Transportation Demand Management (TDM)
Changes to SMMC Chapter 9.53—Transportation Demand Management, internal rideshare program, and Transportation Management Organization services.
Santa Monica established its Transportation Demand Management Ordinance (TDM) in 1993, with the goals of proactively reducing congestion, reducing automobile dependence, improving air quality and enhancing transportation choices. It is modeled closely after Rule 2202 administered by the South Coast Air Quality Management District. The TDM Ordinance requires employers of a certain size to submit either a Worksite Transportation Plan or an Emission Reduction Plan. Contents of a Worksite Transportation Plan include estimations of transportation mode choices for staff, on-site information requirements, and a signed letter from management demonstrating commitment to reducing drive alone trips to and from the worksite. The Emission Reduction Plan, more robust in nature, requires an employer to survey employees about how they arrived and departed work over a 5-day period, calculate Average Vehicle Ridership (AVR), and reach a designated target AVR based on worksite location. Employers completing an Emission Reduction Plan who do not reach their AVR target either create a plan describing how over the course of the next year they will reduce the number of drive alone trips to the worksite or purchase mobile source emission reduction credits from a verified vendor. In past years, staff supported businesses through this program with annual commuter resources and non-auto commuting guidance, facilitating collaboration among businesses for carpool, vanpool and parking, and more recently some problem-solving for commuter and customer access needs following COVID-19.
City restructuring has impacted the ability to continue regulating this many employers and providing these additional support resources. In 2016, Santa Monica amended the TDM Ordinance by increasing AVR targets citywide and increasing the applicability of the greater requirements of the Emission Reduction Plan to business of 30 employees or more (instead of 50+). Staff is proposing to update SMMC Chapter 9.53 to return to pre-2016 thresholds that apply the ERP requirements only to employers with 50 or more employees. Additionally, staff is proposing to suspend Worksite Transportation Requirements entirely. The proposed updates would suspend these requirements until
10.B.g
Packet Pg. 817 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 4 of 9
September 2024 or until restoration of program resources. The changes do not affect procedures for employers with 50 or more employees or developers.
As an employer, the City is subject to employee trip reduction requirements from AQMD, and as a facilities builder (such as City Hall East) is subject to local TDM requirements for developers. Restructuring reduces the capacity of our internal programs and includes the suspension of the City’s internal employee trip reduction program (in compliance with any requirements imposed by labor group MOUs) including incentives for transit, vanpool, carpool, etc. until resources are available. Additionally, restructuring resulted in a reduction of the Transportation Management Organization (TMO) contract from $250,000 to $195,000 for FY20/21, with half of the remaining contract funded by development agreement contributions. The TMO supports medium and large employers through the provision of transportation solutions, encouraging green commuting and teleworking, and improving worksite access.
2. Pedicabs
Changes to SMMC Chapter 6.50—Pedicabs, which eliminate the requirement for a local pedicab driver permit and operator permit. The changes retain requirements for a business license, insurance, inspection decal, and pedicab driver and carriage requirements in compliance with State law.
Santa Monica adopted pedicab regulations in 2013 which were informed by a year-long pilot program in 1998. Current SMMC regulations require a pedicab driver permit, operator permit, pedicab inspection decal, business license, and outline operating requirements such as minimum driver age, driver’s license, pedicab cleanliness and safe operations. Detailed Administrative Regulations were issued in 2013 to accompany Section 6.50. Local rules also require each driver to successfully complete a pedicab driver class. In 2015, the State established California Vehicle Code (CVC) Section 21215 regulating the safe operation of pedicabs and establishing insurance, annual incident reporting, routing and loading/unloading requirements.
10.B.g
Packet Pg. 818 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 5 of 9
City restructuring has impacted the ability to continue the local permitting of drivers and operators. CVC 21215 has filled the prior gap in safety provisions and operating expectations, but still requires local agencies to inspect pedicabs annually. Staff is proposing to update the SMMC to retain language regarding pedicab vehicle equipment standards and driver qualifications, update to align with State regulations, and to continue requiring annual inspections for a fee. The proposed update would eliminate the requirement for local permitting and classes until there is a restoration of resources for this program.
The Business License Unit would continue business license processing and insurance verification, pedicab rules would be enforced by Code Enforcement staff, and “rules of the road” would be enforced by the Police Department as they do today.
3. Taxicabs
Direction to pursue changes to SMMC Chapter 6.49—Taxicabs to transition the current Franchise program to a permit program and seek regional permitting options.
Santa Monica has the authority to regulate for-hire vehicles within the city. In June 2009, Council adopted an ordinance establishing a franchise-based system for the regulation of taxicabs. The franchise was initially established to address an oversupply of taxis in the market and operating standards. In November 2010, Council approved franchise agreements with five companies, which operated with extensions for approximately eight years. In 2018, Council approved simplified taxicab permitting in compliance with California State law (AB1069) and approved a franchise with one company that is substantially located in Santa Monica: TMAT Corp., dba. Taxi! Taxi!.
AB1069 was passed in response to the market challenges created by Transportation Network Companies (TNCs, such as Uber and Lyft), and reduced local regulation to those taxicab companies which are “substantially located” in the jurisdiction. AB1069 also enables a regional or other agency to perform the permitting function on behalf of local agencies. Staff has been in regular communication with cities throughout the region to explore regional permitting function and best practices for local regulation.
10.B.g
Packet Pg. 819 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 6 of 9
Some cities are transitioning their franchise systems to permit systems including the City of Los Angeles. Franchise systems are time consuming to create, and once created are closed to new providers and are difficult to update. The permit system would allow for more flexibility and openness to new customer services, while still enabling requirements for accessibility, fare maximums and other core benefits of the franchise system. A permit system does eliminate a franchise holder’s right to a market area, but this exclusivity was already undone by recent state law that allowed any company to serve a “pre-arranged” trip in the city. Once Los Angeles’ permitting system is operational, they may be able to facilitate permitting on our behalf through a Memorandum of Understanding or other agreement.
In light of Santa Monica’s restructuring that resulted in the elimination of staff resources for this program, and the changing market dynamics of taxicab services which has eliminated the concern regarding oversupply, staff recommends that Santa Monica move toward a regional permitting solution, and initiate those steps in coordination with the local franchise company. The current franchise agreement with Taxi! Taxi! has a termination date of December 31, 2023 or earlier at the discretion of the City. A regional permit system does not yet exist, and as one becomes available staff would pursue it in coordination with Taxi! Taxi! This does not preclude the City from establishing a local permitting solution for taxicabs and similar transportation providers with a future restoration.
4. Residential Preferential Parking Program
Changes to SMMC Chapter 3.08—Preferential Parking Zones to suspend designation of new or amended preferential parking zones for a period of four years, or until restoration of staff resources. These changes do not affect the ability to obtain and renew permits in existing zones or the implementation of pre-approved zones.
Currently, the City’s residential streets are largely blanketed by residential preferential parking zones that are already implemented or pre-approved. City staff answer hundreds of calls and emails each year regarding changes to preferential parking, collect parking occupancy data, assist with resident notifications, host community
10.B.g
Packet Pg. 820 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 7 of 9
meetings, and prepare analyses to support amendments to the preferential parking program. Restructuring has eliminated staff resources to process changes to the preferential parking program, requiring the suspension of new or amended residential preferential parking zones for an estimated period of four years (until September 2024) or until restoration of the program. Zones that have been pre-approved by Council and in which residents are able to independently collect the required signatures will continue to be implemented during this period. Suspend interdepartmental coordination toward implementation of the unbundled parking Section 9.28.110.A.1 which will result in the continued ability of residents of new mixed-use projects in commercial zones to have access to preferential parking district permits.
This change would be incorporated into SMMC 3.08.080:
3.08.080 – Suspension on the designation of new or amendment of existing zones. No new zones will be designated, nor any existing zones amended, during the period of September 24, 2020 through September 24, 2024. Zones that have been preapproved will continue to be implemented during this period, and qualified petitions received by September 24, 2020 will be processed.
Applications received before the effective date of the ordinance amendment would also continue to be processed including:
• Petitions to reduce existing restrictions on Hill Street between 21st and 23rd streets and 25th Street between Idaho and Washington avenues • Petitions to amend existing regulations from blocks in the vicinity of Harvard Street and Wilshire Boulevard, including but not limited to: Harvard Street between Washington and Arizona avenues and Princeton Street between Wilshire Boulevard and Arizona Avenue
• Application for California Coastal Commission approval of the expansion of Zone F, which Council approved on February 25, 2020
10.B.g
Packet Pg. 821 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 8 of 9
5. Bikeshare
Changes to SMMC Chapter 3.20 which enables public bike share other than the City’s designated operator.
SMMC Chapter 3.20 was adopted just prior to the introduction of the City’s Breeze bike share system in 2015. This section created enabling language for a public bike share system operated by the City to function in the public right-of-way. As part of direction to continue piloting shared mobility services, Council directed staff to investigate options for public bike share that could deliver the affordability, reliability, equity and outreach elements of the Breeze program but be operated by a private commercial entity. Staff recently released a request for information regarding the potential for a private operator to achieve these public outcomes. This minor update to Chapter 3.20 would enable a private commercial entity to operate a public bike share system in the public right-ofway, that meets the aforementioned criteria, should an operator be identified in the future.
Next Steps
Upon first reading, the amended ordinance will return to Council for a second reading/adoption and take effect 30 days after adoption. Affected businesses will be notified of the reduced or adjusted regulations as their permits and approvals come up for renewal. If directed to pursue a taxicab permit-based system, staff will work with the City Attorney’s office and regional agencies to define process, procedures, and timeline.
10.B.g
Packet Pg. 822 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, 9 of 9
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions. The financial impacts were previously discussed during the May 5, May 26, and June 23, 2020 Council budget sessions and included in the FY 2020-21 Adopted Budget.
Prepared by: Francie Stefan, Assistant Director/Chief Mobility Officer Attachments
A. Ordinance amending SMMC Chapters 3.08 Preferential Parking, 3.20 Bikeshare,
6.50 Pedicabs, and 9.53 Transportation Demand Management Prepared By: Francie Stefan, Assistant Director/Chief Mobility Officer Approved Forwarded to Council
Attachments:
A. Proposed Ordinance
10.B.g
Packet Pg. 823 Attachment: July 28, 2020 Introduction and first reading of an ordinance amending Transportation Demand Management, Preferential Parking, City Council Meeting: June 11, 2024 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CHAPTER 9.53 TRANSPORTATION DEMAND MANAGEMENT TO ALIGN THE CITY’S TRANSPORTATION DEMAND
MANAGEMENT ORDINANCE WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT’S (AQMD) RULE 2202
WHEREAS, vehicle transportation is the greatest contributor to Santa Monica’s carbon emissions (accounting for 69 percent of emissions in 2022), and between 2019 and 2020, emissions plummeted, largely due to restricted mobility and economic activity resulting from the COVID-19 pandemic;
WHEREAS, although overall transportation emissions in 2022 were 19 percent lower than in 2019, in order to reduce emissions enough to meet the City of Santa Monica’s goals, broader programmatic efforts focused on mode shifting and transportation behaviors are necessary;
WHEREAS, the Department of Transportation’s Mobility Division regulates employers per a Memorandum of Understanding (MOU) with the South Coast Air Quality Management District (AQMD), the regional air pollution control agency with jurisdiction over Santa Monica and the greater Los Angeles area;
WHEREAS, per the MOU with AQMD, the City is required to align with AQMD’s rules and regulations; and in August 2023, AQMD updated Rule 2202 to require employers to collect and report on additional data on employee commute activity which will be analyzed to inform potential future rule amendments; and
10.B.h
Packet Pg. 824 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per WHEREAS, the amendments below align the City’s Transportation Demand Ordinance with AQMD’s updates to Rule 2202, and attempt to further reduce overall transportation emissions in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.53 of the Santa Monica Municipal Code is hereby amended as follows:
9.53.010 Purpose
The purpose and objective of this Chapter is to implement the goals and policies of the City’s General Plan by proactively managing congestion, reducing automobile dependence, and enhancing transportation choices by requiring trip reduction plans for all types of trips—work, shopping, leisure, school, and appointments—that will:
A. Ensure City compliance with the applicable requirements of the South Coast Air Quality Management District (SCAQMD) Rule 2202 and implement air quality control measures required of local governments by the District’s 1991 Air Quality Management Plan and subsequent updates and the Los Angeles County Metropolitan Transportation Authority’s (LACMTA) Congestion Management Program (CMP); B. Accommodate land use changes allowed under the General Plan’s Land Use and Circulation Element (“LUCE”) while reducing peak-hour automobile trips from new and existing destinations to achieve the LUCE’s goal of no net increase in PM peak hour vehicle trips by 2030;
C. Improve the mobility and general efficiency of circulation and transportation systems by increasing reliance on SOV non-single-occupant vehicle (SOV) travel such as public
10.B.h
Packet Pg. 825 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per transit, ridesharing, active transportation walking, carsharing, cycling and focusing development in areas close to transit and employment;
D. Reduce traffic impacts within the community and region, vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of per capita vehicle miles traveled (VMT) and management of traffic congestion; E. Minimize the percentage of Eemployees traveling in SOVs single-occupant vehicles to and from work, especially during peak-hour periods;
F. Promote and increase work-related transit use, ridesharing, walking, and bicycling to minimize parking needs, manage congestion, and protect the quality of life in Santa Monica’s neighborhoods and districts;
G. Improve the quality and level of access for residents, Eemployees, customers, and visitors by improving transportation choices and managing congestion; H. Decrease the City’s need for additional parking facility construction; I. Coordinate transportation system management, transportation demand management (TDM), and transportation facility development strategies Citywide; and J. Coordinate transportation system management, transportation demand management, and transportation facility development strategies with other cities and counties in the region and through regional agencies. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.020 Definitions
The following words and phrases shall have the following meanings when used in this Chapter. Words and phrases not specifically defined below shall be aligned with the
10.B.h
Packet Pg. 826 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per meanings identified in SCAQMD’s Rule 2202.
Audit. A selective inspection by the City of an Eemployer or Ddeveloper’s activities related to the fulfillment of ongoing implementation and monitoring of an approved Eemission Rreduction Pplan or Developer TDM Plan.
Average Vehicle Ridership (AVR). The total number of Eemployees who report to or leave the worksite or another job-related activity work during the pPeak periods Windows divided by the number of vehicles driven by these Eemployees over that 5-day survey period. The AVR calculation requires that the 5-day period must represent the 5 days during which the majority of Eemployees are scheduled to arrive at the Wworksite. The hours and days chosen must be consecutive. The 5-day survey period cannot contain a holiday and shall represent typical operations so that a projection of the average vehicle ridership during the year is obtained.
An example of morning AVR using the survey week for an Eemployer with 300 Eemployees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. is:
EMPLOYEES REPORTING TO/
DEPARTING WORK
NUMBER OF VEHICLES DRIVEN
TO THE WORKSITE BY THESE
EMPLOYEES
MONDAY 300 200
TUESDAY 300 190
WEDNESDAY 300 210
THURSDAY 300 200
FRIDAY 300 200
TOTAL 1,500 1,000
In this example, AVR is arrived at by dividing the number of Eemployees reporting to work between 6:00 a.m. and 10:00 a.m. during the survey week (1,500) by the number of vehicles driven to the Wworksite between the same hours during the week (1,000):
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Packet Pg. 827 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per 1,500/1,000 = 1.5 AVR
A similar calculation is required for obtaining the afternoon pPeak period Window AVR for commute trips to and from the Wworksite between 3:00 p.m. and 7:00 p.m.
AVR Target. The AVR established by this Chapter that an Employer Emission Reduction Plan (ERP) or Developer Transportation Demand Management (TDM) plan is expected to achieve for a particular Wworksite or project.
AVR Verification Method. A method approved by the City for determining an Eemployer’s current AVR, or approved by the City or SCAQMD for Eemployers of 250 Eemployees or more.
AVR Window. The period of time comprised of both hours and days used to calculate AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.).
Business Type/Classification. The activity type that classifies the primary nature of work conducted by the Eemployer located at the Wworksite.
Carpool. A motor vehicle occupied by 2 to 6 persons traveling together to and from the Wworksite for the majority (at least 51%) of the total commute. For-hire vehicles must include 2 or more passengers (in addition to any driver) to be classified as a carpool.
Commute Trip. A home-to-work or work-to-home trip. The means of transportation used for the greatest distance of an Eemployee’s commute to or from work during the Peak Window. Each vehicle commute trip to the Wworksite shall be calculated as follows:
Single-occupant vehicle = 1
Carpool = 1 divided by the number of people in the carpool Vanpool = 1 divided by the number of people in the van
Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of people on the vehicle
Zero Emission Vehicle= 0*
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140) Public transit = 0
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Packet Pg. 828 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Bicycle = 0
Walking and other nonmotorized transportation modes = 0 Non-commuting = 0
Compressed Work Week. This applies to Eemployee(s) who, as an alternative to completing the basic work requirements in five 8-hour workdays in one week, are scheduled in a manner which reduces vehicle trips to the Wworksite. The recognized compressed work week schedules for purposes of this Chapter are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80).
Consultant Employee Transportation Coordinator (ETC). A person that meets the requirements of and that serves as an ETC at a single Wworksite for an Eemployer other than the consultant ETC’s Eemployer.
Developer. Any person or entity that is responsible for development of a project that will result in the new construction of 7,500 square feet of nonresidential floor area or more, 16 residential units or more, or mixed-use projects of 16 residential units or more with any associated nonresidential components. The person or entity responsible for development of a project shall be the Ddeveloper and property owner. Upon transfer of title from a property owner to a Ddeveloper, the term “Ddeveloper” shall mean the property owner.
Developer TDM Plan. A trip reduction plan intended to result in a Ddeveloper achieving the applicable AVR targets specified in this Chapter.
Director of Transportation. The Director of Transportation of the City of Santa Monica or designee.
Disabled Employee. An individual with a physical or mental impairment which prevents the individual from traveling to and from the Wworksite by means other than a singleoccupant vehicle.
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Packet Pg. 829 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Emission Reduction Plan (ERP). A plan intended to reduce emissions related to Eemployee commutes and to meet a worksite specific emission reduction target for the subsequent year.
Emission Reduction Target (ERT). The annual VOC, NOx and CO emissions required to be reduced based on the number of Eemployees per Wworksite and the Eemployee Eemission Rreduction fFactors (pounds per year per employee) as specified in SCAQMD Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines.
Employee. Any person employed full or part-time by a person(s), firm, business, educational institution, nonprofit agency or corporation, government agency or other entity. This term excludes the following: temporary Eemployees, Ffield Cconstruction Wworkers, Iindependent Ccontractors, Vvolunteers, seasonal Eemployees and Ffield Ppersonnel.
Employee Transportation Coordinator (ETC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation and monitoring of the Emission Reduction Plan. The ETC must be active at the worksite during normal business hours when the majority of Eemployees are at the Wworksite, either in person or teleworking. Employers of 250 Eemployees or more must attend an SCAQMD ETC certification course. Employee Ttransportation Ccoordinators shall participate in City-sponsored workshops and roundtables.
Employee Trip Reduction Plan (ETRP). A plan for implementation of strategies that are designed to reduce Eemployee vehicle commute trips during the AVR Window.
Employer. Any person(s), firm, business, educational institution, nonprofit agency, or corporation, government agency, or other entity that employes 30 or more Employees
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Packet Pg. 830 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per and has a permanent place of business in the City of Santa Monica. public or private employer, including the City of Santa Monica, having a permanent place of business in the City and employing 10 or more employees.
Field Construction Worker. An Eemployee who reports directly to work at a construction site outside the City of Santa Monica for the entire day, an average of at least 6 months out of the year.
Field Personnel. An Eemployee who spends 20% or less of their work time, per week, at the Wworksite and who does not report to the Wworksite during pPeak periods Windows for pick up and dispatch of an Eemployer provided vehicle.
Fleet Vehicles. Any vehicles, including passenger cars, light-duty trucks and medium duty on-road vehicles, owned or leased by an employer that totals 4 or more vehicles.
Holiday. Those days designated as national or State holidays, in which the Wworksite is closed in observance of the holiday. An AVR survey shall not be undertaken in any week where the following holidays occur:
New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)
Presidents’ Day February (Third Monday)
Cesar Chavez Day March 31
Bike to Work Day May (Third Thursday or Friday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
Indigenous Peoples’ Day October (Second Monday)
California Rideshare Week October (First Week)
Veteran’s Day November 11
Thanksgiving Day November (Fourth Thursday plus the
Friday after)
Christmas Eve December 24
Christmas Day December 25
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Packet Pg. 831 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per The days these holidays are observed may vary from year to year; therefore, it shall be the responsibility of the Eemployer to obtain these specific holiday dates to ensure exclusion of these weeks from their AVR survey week. Additionally, the Eemployer may not survey on any week in which a religious or other holiday not listed above is observed by the Eemployer, resulting in closing the place of employment for one day or more in observance of said holiday.
Independent Contractor. A person who enters into a direct written contract or agreement with an Eemployer to perform certain services and is not on the Eemployer’s payroll. An Independent Contractor providing services to an Eemployer for a consecutive period of more than 6 months shall count as an Eemployee of the Eemployer and shall be counted in the AVR. The Independent Contractor shall also be considered an Eemployee when figuring the Eemployer annull transportation fee.
Low-Income Employee. An individual whose salary is equal to or less than the current individual income level set in California Code of Regulations, Title 25, Section 6932, as lower income for Los Angeles County. Higher income employees may be considered to be “low-income” if the employee demonstrates that the plan disincentive would create a substantial economic burden.
Mobile Source Mission Reduction Credits (MSERCs). Emission credits issued pursuant to Regulation XVI – Mobile Source Offset Programs.
Motor Vehicle. A self-propelled vehicle, consistent with California Vehicle Code 415.
Monitoring. The techniques used to assess progress towards complying with the transportation management plan.
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Packet Pg. 832 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Multi-Site Employer. Any Eemployer which has more than one Wworksite within the City of Santa Monica, or more than one Wworksite in the South Coast Air Basin with one or more of those sites located in the City of Santa Monica.
Multi-Tenant Worksite. A structure, or group of structures, on one worksite where more than one employer conducts a business.
Non-Commuting AVR Credit. This credit applies to Eemployees who arrive are at the Wworksite during the window for calculating AVR and remain at the Wworksite or out of the SCAQMD jurisdiction for a full 24-hour period or more to complete work assignments.
Nitrogen Oxides (NOx). Nitric oxides and nitrogen dioxides, collectively expressed as nitrogen dioxide.
On-Site Coordinator. An Eemployee who serves as on-site coordinator at a Wworksite served by a consultant ETC or for an Eemployer with more than one Wworksite located in the City of Santa Monica and has knowledge of the Eemployer’s ERP and marketing.
On-site coordinators for Eemployers with more than 250 Eemployees must attend a onetime SCAQMD certified training course. The on-site coordinator is limited to program implementation rather than program development.
Parking Cash Out. Health and Safety Section 43845 that requires Eemployers with 50 or more Eemployees who lease their parking and subsidize all or part of that parking to implement a pParking cCash oOut program. Employers who fall under the purview of pParking cCash oOut must offer their Eemployees the option to give up their parking spaces and receive a cash subsidy in an amount equal to the cost of the parking space.
Employers who are subject to pParking cCash oOut requirements must implement a
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Packet Pg. 833 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per pParking cCash oOut plan. Employers who do not implement a pParking cCash oOut plan will have their emission reduction plans disapproved.
Part-Time Employee. Any Eemployee who reports to a Wworksite on a part-time basis fewer than 32 hours per week but more than 4 hours per week. These Eemployees shall be included in the AVR calculations of the Eemployer provided the Eemployees report to or leave the Wworksite during the AVR window.
Peak Period Window. In the morning, the pPeak period Window includes the hours from 6:00 a.m. to 10:00 a.m. In the evening, the pPeak period Window includes the hours from 3:00 p.m. to 7:00 p.m.
Peak Period Window Trip. An Eemployee’s commute trip that begins or ends at the Wworksite or a work-related trip within the pPeak period Window.
Performance Target Zone. A geographic area that determines the minimum employee emission reduction factor for a particular worksite determined by the SCAQMD. Santa Monica is located in SCAQMD Zone 2.
Planning Director. The Director of Planning and Community Development of the City of Santa Monica or designee.
Project Commute Survey. A survey of all tenant Eemployees of a project site to determine property-wide AVR as part of the annual monitoring report on a Developer TDM Plan.
Project Transportation Coordinator (PTC). The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Developer TDM Plan. The PTC must be at the
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Packet Pg. 834 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per project site during normal business hours when the majority of Eemployees are at the project unless alternative arrangements have been made pursuant to Section 9.53.150.
PTCs shall participate in City-sponsored workshops and roundtables.
Property Owner. Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.
Remote Employee. Any Employee who is employed by an Employer at a regulated Worksite, however, primarily lives and works at locations outside of the South Coast AQMD, and physically commutes to the Worksite fewer than five days per either the ERP or Developer TDM plan year.
Residential TDM. Means any strategies that are designed to reduce Single Occupancy Vehicle trips to and from residential properties.
Rideshare ing. Any Mmode of transportation other than a single occupancy vehicle that reduces emissions associated with travel. that transports one or more persons to a worksite.
Seasonal Employee. Any person who is employed for less than a continuous 90-day period.
Single Occupancy Vehicle. A privately operated motor vehicle whose only occupant is the driver, including for hire vehicles with one passenger.
South Coast Air Quality Management District (SCAQMD). The air quality control agency that monitors and enforces air quality regulations in Orange County and nondesert portions of Los Angeles, Riverside and San Bernardino Counties.
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Packet Pg. 835 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Student Worker. A student who is enrolled and gainfully employed (on the payroll) by an educational institution. Student workers who work more than 4 hours per week are counted for ordinance applicability and if they report to or leave work during the AVR Window(s) are counted for AVR calculation. Student workers are Employees within the meaning of this Chapter.
Telecommuting. Any employee(s) working atOccurs when an Employee works from home, off site, a satellite office, or at a telecommuting center for a full work day, which eliminatinges thea commute trip to the Wworksite or reducinges the commute travel distance by more than 50%.
Temporary Employee. Any person employed by an employment service or a “leased” Eemployee that reports to a Wworksite other than the employment service’s Wworksite, under a contractual arrangement with a temporary Eemployer. Temporary Eemployees are counted as Eemployee s of the employment service for purposes of calculating AVR.
Temporary Eemployees reporting to the Wworksite of a temporary Eemployer for a consecutive period of more than 6 months shall count as an Eemployee of the temporary Eemployer and shall be counted in the AVR. The Ttemporary Eemployee shall also be considered an Eemployee when figuring the Eemployer annual transportation fee.
Training Provider. A person, firm, business, educational institution, nonprofit agency or corporation or other entity which meets the requirements of and is certified by the South Coast Air Quality Management District and the City of Santa Monica to provide training, as required by this Chapter, to Employee Transportation Coordinators (ETCs).
Transit. A shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicabs, carpools, or vanpools which are
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Packet Pg. 836 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per not shared by strangers without a private arrangement. Transit includes buses, ferries, trams, trains, rail, or other conveyance which provides to the general public a service on a regular and continuing basis. Also known as public transportation, public transit, or mass transit.
Transportation Allowance. A financial incentive offered to Eemployees or residents instead of a parking subsidy to provide Eemployees flexibility in mode choice. Employees and residents are typically required to execute an agreement that they do not commute in a single-occupant vehicle, or for residents, own a vehicle, in order to be eligible to receive the benefit.
Transportation Demand Management (TDM). The implementation of strategies that will encourage individuals to either change their mode of travel to other than a single occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than pPeak period Windows.
Transportation Facility Development (TFD). Construction of capital improvements to a transportation or transit system and/or installation of related operating equipment.
Transportation Management Organization (TMO). Transportation Management Organizations (TMOs) are City-certified organizations that provide transportation services in a particular area or Citywide. They are generally public-private partnerships, consisting primarily of area businesses with local government support. TMOs provide an institutional framework for TDM programs and services.
Transportation System Management (TSM). Strategies designed to improve traffic flow through modifications in, or coordination of, the operation of existing facilities.
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Packet Pg. 837 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during pPeak periods Windows of commuting.
Vanpool. A van or similar motor vehicle in which 7 to 15 persons commute to and from the worksite for the majority (at least 51%) of the commute trip.
Vehicle. Any passenger car or truck, including Zero Emission Vehicles (ZEVs), used for commute purposes including any motorized two-wheeled vehicle. Vehicles shall not include bicycles, transit services, buses serving multiple worksites, or vehicles that stop only to load or unload passengers or materials at a worksite while on route to other worksites.
Vehicle Miles Traveled (VMT). The number of miles traveled one-way by a motor vehicle for a Worksite commute trip.
Vehicle Trip. The means of transportation used for the greatest distance of an employee’s commute to or from work during the peak period. Each vehicle commute trip to the Wworksite shall be calculated as follows:
Single-occupant vehicle = 1
Carpool = 1 divided by the number of people in the carpool Vanpool = 1 divided by the number of people in the van
Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of people on the vehicle
Zero Emission Vehicle= 0*
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140) Public transit = 0
Bicycle = 0
Walking and other nonmotorized transportation modes = 0 Non-commuting = 0
Remote Employee Telecommuting = 0 on days employee is telecommuting which eliminates a trip to the Worksite during the peak period.
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Packet Pg. 838 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Telecommuting = 0 on days employee is telecommuting for the entire daywhich eliminates a trip to the Worksite during the peak period.
Compressed Work Week = 0 on employee’s compressed day(s) off Volatile Organic Compound (VOC). Means any volatile compound of carbon, excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate, and exempt compounds as defined by SCAQMD Rule 102.
Volunteer. Any person at a Wworksite who, of their own free will, provides goods or services, without any financial gain.
Workplace or Worksite. A building, part of a building, or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway, and are owned or operated by the same Eemployer. Structures that are located more than one-half mile away from each other must have a certified ETC or onsite coordinator at each site.
Worksite Transportation Plan (WTP). A plan for implementation of marketing strategies designed to provide employees with information about alternative commute options.
Zero Emission Vehicle (ZEV). A motor vehicle, as certified by the California Air Resources Board (CARB), which emits no tailpipe pollutants. Employees arriving to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle provided that the entire trip to work is made exclusively under electric power. This applies to plug-in vehicles with all electric range that can travel exclusively under electric power without use of the gasoline engine or cogeneration system. (Added by Ord. No. 2486CCS
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Packet Pg. 839 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 47, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.030 Applicability
This Chapter shall apply to Employers and Developers as defined above. The City shall not be exempt from the requirements of this Chapter. In accordance with the Memorandum of Understanding between the City and the SCAQMD, government agencies County, State and Federal agencies located in Santa Monica shall comply with South Coast AQMD’s Rule 2202 and will be exempt from this Chapter. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.040 AVR Targets
On and after January 1, 2016, Employers shall strive to achieve, and Developers shall achieve the applicable AVR Targets in this Chapter. This Section shall not apply to residential units but shall apply to nonresidential components of mixed-use projects. For nonresidential uses in residential designations not represented in this Chapter, all Employers shall achieve the lowest AVR Targets established by this Chapter unless located in a land use designation with a higher AVR Target.
Table 9.53.040: AVR Targets by District
LAND USE DESIGNATION
EMPLOYER AND
DEVELOPER AVR
TARGET
Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln Boulevard to eastern City Limits, and southside of Wilshire Boulevard from Lincoln Court to eastern City Limits
1.75 Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th Street and Colorado Avenue
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Packet Pg. 840 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard
2.2 Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela Avenue, Lincoln Boulevard from Santa Monica
Freeway to Bay Street, Main Street from Pico Boulevard to southern City Limits
1.75 Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard from Euclid Court to 17th Street
2.0 Bergamot Transit Village; Mixed Use Creative; Conservation: Art Center; Conservation: Creative Sector
2.0 Downtown Core 2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to 11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street
1.75 General Commercial: Santa Monica Boulevard from Lincoln Court to 20th Street
2.0 Industrial Conservation: Euclid Court to Stewart Street 2.0 Neighborhood Commercial: Pico Boulevard from Main Court to Centinela Avenue
1.75 Neighborhood Commercial: Olympic Boulevard from 14th Street to 16th Street
2.0 Office Campus: south of Ocean Park Boulevard 1.75
Office Campus: east of Cloverfield Boulevard, north of Olympic Boulevard
2.0 Oceanfront Front District, north of Santa Monica Pier 1.75 Ocean Front District, Santa Monica Pier and south 2.0
Healthcare Mixed Use 2.0
Institutional/Public Lands: bounded by Pico Boulevard, 20th Street, Pearl Street and 16th Street
1.75 Institutional/Public Lands: bounded by Santa Monica Freeway, Lincoln Boulevard, Pico Boulevard and Ocean Avenue
2.2 Institutional/Public Lands: other than specified above 1.6 All remaining districts 1.6
LAND USE DESIGNATION
EMPLOYER AND
DEVELOPER AVR
TARGET
Bergamot Transit Village; Mixed Use Creative; Conservation: Art Center; Conservation: Creative Sector
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Packet Pg. 841 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Downtown Core 2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to 11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street
1.75 General Commercial: Santa Monica Boulevard from Lincoln Court to 20th Street
2.0 Healthcare Mixed Use 2.0
Industrial Conservation: Euclid Court to Stewart Street 2.0 Institutional/Public Lands: bounded by Santa Monica Freeway, Lincoln Boulevard, Pico Boulevard and Ocean Avenue
2.2 Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th Street and Colorado Avenue
2.0 Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard
2.2 Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln Boulevard to eastern City Limits, and southside of Wilshire Boulevard from Lincoln Court to eastern City Limits
1.75 Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela Avenue, Lincoln Boulevard from Santa Monica
Freeway to Bay Street, Main Street from Pico Boulevard to southern City Limits
1.75 Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard from Euclid Court to 17th Street
2.0 Neighborhood Commercial: Olympic Boulevard from 14th Street to 16th Street
2.0 Neighborhood Commercial: Pico Boulevard from Main Court to Centinela Avenue
1.75 Office Campus: east of Cloverfield Boulevard, north of Olympic Boulevard
2.0 Office Campus: south of Ocean Park Boulevard 1.75
Ocean Front District, north of Santa Monica Pier 1.75
Ocean Front District, Santa Monica Pier and south 2.0
Institutional/Public Lands: other than specified above 1.6 All remaining districts 1.6
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
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Packet Pg. 842 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
9.53.050 Employer Transportation Fee.
A. Employer Annual Transportation Fee. There shall be an Eemployer annual transportation fee. All Eemployer annual transportation fees collected pursuant to this Chapter shall be deposited in an account separate from the General Fund. The purpose of the Eemployer annual transportation fee is to pay for the costs of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter.
1. Employers filing Emission Reduction Plans (ERPs) or Worksite Transportation Plans (WTPs) shall pay an annual transportation fee calculated using the following formula: Fee = (number of Eemployees) x (Eemployee Ccost Ffactor). The Eemployee Ccost Ffactor shall be established by resolution of the City Council and amended each July according to the Consumer Price Index or COLA, whichever is higher or by the resolution of the City Council.
2. For purposes of calculating an Eemployer’s annual transportation fee, the definition of Eemployee shall include full-time and part-time Eemployees. For purposes of calculating an Eemployer’s annual transportation fee, the definition of an Eemployee working at a Wworksite for an average of 6 months or more shall be used.
3. Employers shall be notified of the Eemployer annual transportation fee when they receive written notice to submit an ERP or WTP in accordance with this Chapter.
Employer annual transportation fees shall be due and paid in full with the submittal of the ERP or WTP. The City shall provide written notice of payment required by this subsection at least 90 calendar days prior to the due date.
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Packet Pg. 843 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
4. Once the employer annual transportation fee required pursuant to this Chapter has been paid, there shall be no refunds.
5. Employers of 30 or more Eemployees, who implement an Eemployee Ttrip Rreduction Pplan and demonstrate attainment of the applicable AVR Target shall receive the following reductions in their Eemployer annual transportation fees:
a. Attainment of the applicable AVR Target for one year shall result in a 40% reduction of Eemployer annual transportation fees.
b. Attainment of the applicable AVR Target for 2 consecutive years shall result in a 50% reduction of Eemployer annual transportation fees. c. Attainment of the applicable AVR Target for a period of 3 or more consecutive years shall result in a 60% reduction of Eemployer annual transportation fees.
6. Employers of 30 or more employees who join a TMO certified by the City, through the procedures specified in this Chapter, shall receive a 25% reduction in the annual Eemployer transportation fee. This reduction shall be in addition to any fee reduction the Eemployer is awarded for attainment of the applicable AVR Target. Fees charged by the TMO to Eemployers for its operation and administrative costs shall be separate from the City’s Eemployer transportation fee. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.060 Contents of Emission Reduction Plans
A. Employers of 30 or more employees are required to submit to the City, within 90 calendar days of written notification, an Emission Reduction Plan (ERP) designed to reduce emissions related to Eemployee commute trips and to meet specific emissions
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Packet Pg. 844 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per reduction targets specified for the subsequent year. For employers opting to implement their Emission Reduction Plan via the purchase of mobile source emissions credits (MSERCs), Tthe annual Emission Reduction Target (ERT) shall be the equivalent of the highest AVR Target in the City and shall be determined according to the SCAQMD’s equation for VOC, NOx, and CO, based on Eemployee emission reduction factors specified in Chapter V of the SCAQMD Rule 2202 Implementation Guidelines. Any Eemployer subject to Health and Safety Section 43845 shall implement a pParking cCash oOut program. Failure to do so will result in the disapproval of an Eemployer’s ERP. [Emission Reduction Target] = [Employees x Employee Emission Reduction Factor]
For purposes of this calculation:
Employee = Average daily number of employees reporting to work in the AVR window for a typical 5-day work period which does not include those days defined as holidays.
Employee emission reduction factor = Determined by the year of the plan submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation Guidelines.
Vehicle trip emission credits = Determined according to Chapter V of the SCQAMD Rule 2202 Implementation Guidelines. The employer’s emission reductions can be further reduced through generation of Vehicle Trip Emission Credits (VTECs) from the implementation of optional trip reduction strategies. These VTECs, obtained through peak and off-peak commute trip reductions and other work-related reductions can be applied towards meeting an employer’s Emission Reduction Target (ERT). Credit for any program must go beyond the requirements of existing State and Federal programs to avoid “double
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Packet Pg. 845 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per counting” the emission reductions. All emission credits are valid according to the conditions, guidelines or regulations under which they were originally issued.
1. Each Eemployer shall choose one or more of the following options in implementing their Emissions Reduction Plan:
a. Purchase of Mobile Source Emission Reduction Credits (MSERCs). b. Implementation of an Employee Trip Reduction Plan.
B. Options for Implementing Emissions Reduction Plan.
1. Mobile Source Emission Reduction Credits (MSERCs). In order to meet their Emission Reduction Target, any Eemployer required to submit an ERP may purchase MSERCs from a vendor based on emission reduction factors as determined by Section 9.53.060(H). A list of credit vendors can be found on the SCAQMD’s website. a. An annual plan indicating the amount of credits purchased and the amount of emissions reduced must be submitted to the City each year. b. MSERCs must be transferred to the City MSERC account no later than 180 calendar days after the approval of the ERP by the City. c. Includes a pParking cCash oOut plan if required by Health and Safety Code Section 43845;
2. Employee Trip Reduction Plan. Employers who choose this option shall prepare, implement, and monitor Employee Trip Reduction Plans (ETRP) for transportation demand management, transportation system management and transportation facility development which will be reasonably likely to result in the attainment of the applicable AVR Target in this Chapter. The ETRP shall be submitted in a form approved by the
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Packet Pg. 846 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per City and shall be reviewed and approved by the Planning Director of Transportation before it is effective.
a. The ETRP shall include strategies designed to decrease single- occupantcy vehicle use rideshare during the morning and evening AVR windows and shall be made available to all employees upon hire and every year thereafter along with the Eemployer’s most recent ETRP annual report.
b. The ETRP shall consist of a report that:
i. Calculates and documents AVR levels for morning and evening pPeak periods Windows;
ii. Lists plan incentives and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Eemployee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Eemployee;
iii. Determines a marketing strategy for the plan year, including mandatory new hire orientation which informs Eemployees of the Eemployer’s ERP strategies at the time of hire, or new Eemployee orientation; iv. Determines the use of Wworksite parking facilities to achieve rideshare and transitETRP objectives (i.e., number of reserved spaces for carpools, vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Wworksite;
vi. Lists the public transit services within one-half mile of the Wworksite;
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Packet Pg. 847 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per vii. Provides a general description of the business type/ classification type of business;
viii. Includes a sample of the Eemployee AVR survey, or other mechanism approved by the City. This survey must not be more than 6 months old. For Eemployers with 250 or more employees, the survey must conform with SCAQMD requirements. The survey must be taken over 5 consecutive days during which the majority of employees are scheduled to arrive at or leave the Wworksite. The survey week cannot contain a holiday and cannot occur during “Rideshare Week” or other “event” weeks (i.e., Bicycle Week, Walk to Work Week, Transit Week, Bike it, Walk it Week, etc.). This survey must have a minimum response rate of 75%60% of employees who report to or leave work between 6:00 a.m. and 10:00 a.m., inclusive, and 7560% response rate for employees who report to or leave work between 3:00 p.m. and 7:00 p.m., inclusive. Employers that achieve a 90% or better survey response rate for the a.m. or p.m. window may count the “no survey responses” as “other” when calculating their AVR. Employers that receive a survey response rate between 7560% and 89% shall calculate the “no survey response” as “drive alone” when calculating their AVR; ix. Provides the contact information including name, e-mail address and proof of certification of the Eemployee Ttransportation Ccoordinator who is responsible for implementation and monitoring of the plan;
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Packet Pg. 848 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a pParking cCash oOut plan if required by Health and Safety Code Section 43845;
xiii. Includes a management commitment cover letter signed by the highestranking official on site, or the executive responsible for allocating the resources necessary to implement the plan. This letter shall include a commitment to fully implement the program and state that all data is accurate to the best of the Eemployer’s knowledge.
c. The ETRP shall be updated every 12 months with an annual report submitted on the anniversary date of the initial plan approval date. The annual ETRP shall include the following:
i. AVR calculations and documentation for the plan year; ii. Lists plan strategies, changes to plan strategies, and a schedule for their implementation, including a mandatory guaranteed ride home program which provides an Eemployee who rideshares a ride home in the event of an emergency or unplanned overtime with no cost to the Eemployee; iii. Determines a marketing strategy, indicating changes from the previous plan year, and includes mandatory new hire orientation which informs employees
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Packet Pg. 849 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per of the Eemployer’s Eemission Rreduction Pplan strategies at the time of hire, or new Eemployee orientation;
iv. Determines the use of Wworksite parking facilities to achieve rideshare and transit objectives (i.e., number of reserved spaces for carpools and vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile of the Wworksite;
vi. Lists public transit services within one-half mile of the Wworksite; vii. Provides a general description of the type of business; viii. Includes a sample of the Eemployee survey for the plan year as described in subdivision (2)(b)(viii) of this subsection B;
ix. Provides the contact information including name, e-mail address and proof of certification of the Eemployee Ttransportation Ccoordinator who is responsible for the preparation, implementation, and monitoring of the plan; x. Provides the contact information including name and e-mail address of the on-site coordinator (if different from the ETC) for each site who is responsible for the implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation of why the plan is likely to achieve the applicable AVR target;
xii. Includes a pParking cCash oOut plan if required by Health and Safety Code Section 43485;
xiii. Includes a management commitment letter as defined in subdivision (2)(b)(xiii) of this subsection B; and
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Packet Pg. 850 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per xiv. Includes updates and revisions to the ETRP as the Planning Director of Transportation deems appropriate, if the annual report indicates that the goals of the previously approved ETRP have not been met. d. The procedure for calculating AVR at a Wworksite shall be as follows:
i. The AVR calculation shall be based on data obtained from an Eemployee survey as defined in subdivision (2)(b)(viii) of this subsection B. ii. AVR shall be calculated by dividing the number of employees who report to or leave the Wworksite by the number of vehicles arriving at or leaving the Wworksite during the pPeak periods Windows. If an Eemployee uses more than one commute mode per trip, the mode that is used for the majority of the trip shall be the mode that is used in calculating the number of vehicles.
All employees who report to or leave the Wworksite that are not accounted for by the Eemployee survey shall be calculated as one Eemployee per vehicle arriving at or leaving the Wworksite during the Peak Windows.
Employees walking, bicycling, telecommuting, using public transit, arriving at the Wworksite in a zero-emission vehicle, or on their day off under a recognized compressed work week schedule shall be counted as arriving at or leaving the Wworksite without vehicles. Motorcycles shall be counted as vehicles. AVR survey reporting errors resulting from missing or incorrect information must be calculated as one Eemployee per vehicle arriving at the Wworksite. Reporting errors that do not include the time when an Eemployee arrives at or leaves the Wworksite must be assumed to occur in the pPeak period Window.
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Packet Pg. 851 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per iii. A child or student may be calculated for the AVR as an additional passenger in the carpool/vanpool if the child or student travels in the car/van to a Wworksite or school/childcare facility for the majority (at least 51%) of the total commute.
iv. If 2 or more Eemployees from different Eemployers commute in the same vehicle, each Eemployer must account for a proportional share of the vehicle consistent with the number of Eemployees that Eemployer has in the vehicle.
v. Any Eemployee dropped off at a wWorksite shall count as arriving in a carpool only if the driver of the carpool is continuing on to the driver’s wWorksite.
vi. Any Eemployee telecommuting at home, off site, or at a telecommuting center for a full work day, eliminating the trip to work or reducing the total distance by at least 51% shall be calculated as if the Eemployee arrived at the wWorksite in no vehicle.
vii. Zero Eemission Vvehicles (electric vehicles) shall be counted as zero vehicles arriving at the wWorksite.
e. Employers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Records which verify strategies in the ETRP have been marketed and implemented shall be kept for a period of at least 3 years from plan approval date.
Approved ERPs must be kept at the wWorksite for a period of at least 5 years from plan approval date. For Eemployers who implement their plans using a centralized
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Packet Pg. 852 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per rideshare service center, records and documents may be kept at a centralized location. Failure to maintain records or falsification of records will be deemed a violation of this Chapter.
f. AVR Performance Requirement for Employers Submitting an ETRP. Employers who submit an ETRP to the City that does not meet the applicable AVR Target for the a.m. and p.m. pPeak period Window must implement a Good Faith Effort Plan in accordance with the following requirements:
i. Employers shall maintain all currently approved good faith plan strategies during the plan compliance year until a new ETRP is approved. ii. Deletion or substitution of any plan strategies is not allowed unless approved by the Planning Director of Transportation in writing.
iii. Unless otherwise stated, strategies must be implemented in such a way that they are reasonably likely to improve AVR. Employers must continue to demonstrate a good faith effort towards achieving the applicable AVR target for the pPeak period Window. If a wWorksite AVR decreases or does not improve from the previously submitted plan, the selection of strategies must be modified, and the number of strategies increased.
g. Good Faith Effort Determination Elements. Employers submitting an ETRP who do not attain their applicable AVR Targets in the a.m. and p.m. pPeak periods Windows shall comply with the following requirements:
i. Employers must implement at least 5 of the following marketing strategies:
1. Attendance at a City-approved marketing class, at least annually.
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Packet Pg. 853 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
2. Direct communication by the highest-ranking official at the site, at least annually.
3. Employer newsletter (hard copy or electronic) with rideshare content distributed at least quarterly.
4. Flyers, announcements, memos or e-mails sent to employees at least quarterly.
5. Company recognition of ridesharing at least annually.
6. Employer rideshare events, at least annually.
7. Rideshare bulletin board, kiosk, electronic exchange center, or information center, updated at least quarterly.
8. New hire orientation (mandatory).
9. Rideshare meetings or focus groups, at least semi-annually.
10.Rideshare website, updated at least quarterly.
11.Other marketing strategies that have been approved by the Planning Director of Transportation and the SCAQMD as appropriate. ii. Employers must implement at least 5 of the following basic support strategies:
1. Commuter Choice Program.
2. Flex time schedule.
3. Guaranteed Ride Home Program (mandatory).
4. Personalized commute assistance.
5. Transit Information Center, updated at least quarterly.
6. Free introductory transit pass.
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Packet Pg. 854 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
7. Preferential parking for carpools and vanpools.
8. Ride matching, at least annually.
9. other basic support strategies that have been approved by the Director of Transportation and the SCAQMD as appropriate.
iii. Employers must implement at least 5 of the following direct strategies:
1. Auto services (minimum dollar amount per Eemployee per year will be indicated in ETRP forms).
2. Bicycle program.
3. Vanpool program.
4. Compressed work week schedule.
5. Employee clean vehicle purchase program.
6. Off-peak rideshare program.
7. Telecommuting.
8. Discounted or free meals (minimum dollar amount per Eemployee per year will be indicated in ETRP forms).
9. Direct financial incentives.
10.Gift certificates (minimum dollar amount per Eemployee per year will be indicated in ETRP forms).
11.Parking charge or transportation allowance.
12. pParking cCash oOut program.
13.Off-peak trip reduction program.
14.Points program.
15.Prize drawings, at least quarterly.
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Packet Pg. 855 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
16.Start-up incentive.
17.Time off with pay.
18.Transit subsidy.
19.Other direct strategy programs that have been approved by the Planning Director of Transportation and the SCAQMD.
C. Employer Clean Fleet Vehicle Purchase/Lease Program. Employers of 250 employees or more at a worksite who utilize fleet vehicles for operations in the SCAQMD jurisdiction shall agree to acquire fleet vehicles that have emissions that are equivalent to or better than super low emission vehicle (SULEV) medium-duty trucks, ultra-low emission vehicle (ULEV) passenger cars or, ULEV light-duty trucks which meet CARB guidelines. Employers shall submit an employer clean fleet plan by completing the form provided by the City and submit it with their ERP if the employer operates fleet vehicles.
SCAQMD Rule 1191 vehicle definitions are applicable for purposes of this strategy.
Acquired fleet vehicles can include vehicles that have been purchased, leased for a term exceeding 4 consecutive months, or donated, either new or used. For the purposes of this provision, fleet is defined as 4 or more vehicles and a vehicle lease is for a term exceeding 4 consecutive months. The provisions of this strategy shall not apply to the following:
1. Emergency or rescue vehicles operated by local, State and Federal law enforcement agencies, Police and Sheriff’s Department, Fire Department, hospital, medical or paramedic facilities, and used for responding to situations where potential threats to life or property exist, including, but not limited to, fire, ambulance calls, or
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Packet Pg. 856 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per life-saving calls as defined in Section 165 of the California Vehicle Code and are equipped with emergency lights and sirens.
2. Vehicles used by law enforcement agencies for undercover operations.
3. Heavy-duty on-road vehicles.
4. Employer fleets consisting of evaluation or test vehicles provided or operated by vehicle manufacturers for testing or evaluations, exclusively.
5. Specialized vehicles that incorporate specially designed safety and security features for the protection of employees during transit.
6. Non-passenger military vehicles.
7. Donated vehicles for the first 180 days of inclusion in the employer’s fleet. At the end of 180 days employers may include the vehicle into their fleet only if it meets the emission standard requirement of this Chapter.
8. If no comparable vehicles are available to address any performance requirements, the Planning Director, with approval of the SCAQMD, may approve use, on a caseby-case basis of non-SULEV or better vehicles.
9. Employers currently subject to SCAQMD Rule 1191 shall be deemed in compliance with this provision.
D. Mobile Source Diesel PM/NOx Emission Minimization. Employers of 250 employees or more shall submit a diesel PM/NOx emission minimization plan form provided by the City with their ERP if the annual plan submittal includes 1,000 or more a.m. peak period employees and the employer owns or operates mobile diesel equipment that operates exclusively and is located more than 12 consecutive months at that worksite. For multi-site employers this provision applies only to those individual sites with
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Packet Pg. 857 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per 1,000 or more employees in the a.m. peak period. Examples of on-site mobile sources include, but are not limited to, riding lawn mowers, yard hostlers, forklifts, or man-lifts.
When implementing this strategy, the following requirements apply:
1. The employer shall submit a triennial diesel emission audit report that includes, at a minimum, an inventory of mobile diesel equipment, fuel usage, and use of control technologies, if any (e.g., clean fuels, engine modification, and after-treatment equipment). The triennial report is due the same time as the employer’s ERP.
2. The employer shall implement technically feasible control strategies as identified in the plan approved by the Planning Director and the SCAQMD, provided the sum of the annualized capital costs and the annual operating and maintenance costs do not exceed the cost per number of a.m. peak period employees, according to the following schedule:
Mobile Source Diesel Emission Minimization Plan Maximum Cost per Worksite Number of a.m. Peak Period Employees Maximum Cost
1,000-1,499 $9,000
1,500-1,999 $13,400
2,000-2,499 $17,900
2,500-2,999 $22,400
3,000-3,499 $26,900
3,500-3,999 $31,400
4,000-4,499 $35,800
4,500-4,999 $40,300
5,000-5,499 $44,800
5,500-5,999 $49,300
6,000-6,499 $53,800
6,500-6,999 $58,200
7,000-7,499 $62,700
7,500-7,999 $67,200
8,000-8,499 $71,700
8,500-8,999 $76,200
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Packet Pg. 858 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per 9,000-9,499 $80,700
9,500-9,999 $85,100
10,000 and up $89,600
a. City staff will assist employers in submitting their Mobile Source Diesel Emission Minimization Plan to the SCAQMD for approval. Feasible minimization strategies shall be identified as conditions in the approved plan. Employers shall implement the plan expeditiously, but not later than 2 years from the date of the Diesel Emission Minimization Plan’s approval.
b. In conducting the cost analysis, the following methodology will be followed: The cost of a diesel emission control technology consists of capital costs and/or annual operating and maintenance costs. Capital costs will be annualized over the equipment life or a 10-year default life may be applied with a 4% real interest rate.
Capital costs are one-time costs; examples include the price of control equipment, engineering designs and installations, if applicable. Operating and maintenance costs are annual reoccurring costs and include expenditures on utilities, labor and material costs associated with control equipment operation. i. The cost analysis is calculated according to the following equation:
Annualized Project Cost = (Capital Cost*CRF) = O&M
Where:
Capital Cost = One-time cost of equipment, design and installation CRF = Capital Recovery Factor. For a 10-year default life with a 4% real interest rate the CRF is 0.123
O& M = Operation and maintenance costs for one year
ii. Typical capital costs and operating and maintenance costs for off-road
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Packet Pg. 859 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per emission control strategies are listed below
CAPITAL COSTS O & M COSTS
Purchased Equipment
Device/Cost Fuel Costs
New Off-Road Vehicle Labor Costs for
Maintenance
New Diesel Engines Maintenance
Materials
Alternative Fueling Stations Replacement Plan
Diesel Particulate Filters Any Savings
Engine Catalysts
Direct & Indirect Installation
Costs
Engineering/Design
Construction
Only the incremental costs between new and existing
equipment/devices should be accounted for.
c. Employers may appeal the conditions of diesel minimization plan in writing first to the City and then to the SCAQMD Hearing Board pursuant to SCAQMD Rule 216-Appeals.
d. Approval of the diesel minimization plan shall be subject to provisions of SCAQMD Rule 221-Plans.
E. MSERCs Minimum Requirements. Employers implementing Mobile Source Emission Reduction Credits as defined in this Chapter must meet the minimum plan requirements:
1. AVR Survey. Conduct an AVR survey in accordance with the requirements of this Chapter.
a. Employers must survey employees in both the a.m. and p.m. pPeak periods Windows.
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Packet Pg. 860 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per b. Employers who do not meet their pPeak period Window targets for the a.m. and/or p.m. window must purchase the appropriate amount of MSERCs to bridge the gap in the applicable AVR Target shortfall.
2. Marketing PlanOutreach/Education Plan. Eemployers shall include a marketing plan to educate Eemployers about alternative commute options by making information available to employees.
a. Infoqualrmation shall be updated annually and include, at a minimum:
i. A rideshare bulletin board, kiosk or a rideshare page on a company website, updated quarterly;
ii. Rideshare options and information presented to employees as a part of new hire orientation;
iii. A Customer Incentive Plan that provides clients and visitors with information about how to access the site using green commute modes such as transit, walking, and biking. This information shall be placed in the lobby, reception area, cash register area and on the Eemployer’s website and shall include, but not be limited to: bus and transit routes within one-half mile of the site, bicycle parking and bicycle facilities within one-half mile of the site, optional incentives to encourage customers to use green commute modes (discounts, drawings, etc).
3. Employers who fall under the requirements of pParking cCash oOut shall include a pParking cCash oOut plan. If a pParking cCash oOut plan is not included, the ERP shall be disapproved.
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Packet Pg. 861 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per F. Extensions. In the event that an Eemployer reasonably needs more time to submit an emission reduction plan, a written request for extension may be filed with the Planning Director of Transportation. All requests must be received by the City no later than 15 business days prior to the plan due date. Such requests must be made in writing and shall state why such extension is requested, what progress has been made toward developing the ERP, and for what length of time the extension is sought. The Planning Director of Transportation shall notify the Eemployer in writing whether or not the extension has been granted within 15 business days of receipt of a written request for extension.
1. An Eemployer may request an extension of up to 60 calendar days for the initial submittal of a plan.
2. An Eemployer may request an extension of up to 30 calendar days to complete a revised plan.
3. The Director of Transportation, at his or her discretion, may grant extensions beyond 60 calendar days for good cause. Each Eemployer’s request shall be reviewed on an individual basis.
G. Plan Revisions. An approved ERP may be revised between plan submittal dates by submitting a plan revision in writing to the City. Any changes to an approved plan which is in effect must be submitted in writing to the Planning Director of Transportation.
1. If the Director of Transportation determines that the any ERP marketing strategy is not being carried out to the fullest extent, the City may require the Eemployer to submit quarterly marketing reports that include examples of the marketing strategies implemented for each quarter.
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Packet Pg. 862 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
2. If the Director of Transprotation determines that the ERP marketing strategy is not effective, the City may require the Eemployer to submit quarterly progress reports that demonstrate the effectiveness of such strategies.
3. If it is necessary for an Eemployer to amend an ERP before the plan can be approved, the Eemployer shall have 15 business days from the date of written notice in which to submit amendments to the Planning Director of Transportation. Employers failing to submit the amendments shall have their ERP disapproved.
4. An ERP will be disapproved if the program demonstrates a disproportionate impact on minorities, women, low-income or disabled Eemployees.
5. If a final determination that an element of an approved ERP violates any provision of the law issued by any agency or court with jurisdiction to make such determinations, then the Eemployer shall, within 45 calendar days, submit a proposed plan revision to the Director of Transportation which shall be designed to achieve an AVR equivalent to the previously approved plan.
H. Employee Transportation Coordinators. Employers of 30 or more Eemployees, shall designate a certified Employee Ttransportation Ccoordinator (ETC) or an ETC and an on-site coordinator for each wWorksite included in the emission reduction plan.
1. An Eemployer may elect to use a consultant ETC or TMO certified in accordance with this Chapter in lieu of an ETC; provided the consultant ETC or the TMO staff have received certified training and the site maintains an on-site coordinator.
2. If the absence of a certified ETC, consultant ETC, or on-site coordinator exceeds 8 consecutive weeks, a substitute ETC or on-site coordinator at the same level must be designated and trained. Written notice of such a change must be submitted to the
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Packet Pg. 863 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Planning Director of Transportation with proof of training no later than 12 weeks after the beginning of the absence.
3. 3. ETCs are not required to attend yearly update training.
I. Emission Reduction Factors. The Eemployee emission reduction factors (pounds per Eemployee per year) used in calculations pursuant to this ordinance and SCAQMD Rule 2202 are specified in Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation Guidelines and shall be used in calculations pursuant to this rule. The Eemployee emission factors shall be revised upon EPA’s final approval for use of the California Air Resources Board (CARB) approved on-road mobile source emission factor (EMFAC) model. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.070 Contents of Worksite Transportation Plans
A. All employers of 10 to 29 employees shall be required to attend a City-sponsored training seminar upon written notification in accordance with Section 9.53.080 and submit a Worksite Transportation Plan (WTP) to the City in accordance with the procedures set forth in this Chapter. The plan shall include at a minimum:
1. Worksite location.
2. The contact information including name and title and e-mail address of the highest ranking official at the site.
3. The contact information including name, e-mail address and phone number of the designated on-site contact who has attended a City-sponsored training program and is responsible for the implementation of the WTP.
4. The number of employees at the site.
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Packet Pg. 864 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
5. Description of the type of business.
6. Description of any on-site amenities.
7. Location of the kiosk or bulletin board and a description of the information displayed.
8. Lists of the public transit services within one-half mile of the worksite.
9. Lists of the bicycle paths, routes, and facilities within one-half mile of the worksite.
10.Management commitment letter signed by the highest ranking official at the site.
11.A Customer Incentive Plan that provides clients and visitors with information about how to access the site using green commute modes such as transit, walking, and biking. This information shall be placed in the lobby, reception area, cash register area and on the employer’s website and shall include, but not be limited to: bus and transit routes within one-half mile of the site, bicycle parking and bicycle facilities within onehalf mile of the site, optional incentives to encourage customers to use green commute modes (discounts, drawings, etc).
B. Employers of 10 to 29 employees shall make, at a minimum, the following information available to each employee:
1. Carpooling/vanpooling information including information about the services provided by the regional ridesharing agency and their phone number and website address.
2. Transit schedules and fare media purchase information.
3. Information on air pollution and options to driving to work alone.
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Packet Pg. 865 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
4. Bicycle route and facility information, including regional/local bicycle maps.
Locations of nearest bicycle racks, or locker storage facilities, and bicycle safety information.
5. Information on walking to work and pedestrian safety.
6. Make information available to new employees upon date of hire.
7. Services provided by certified TMO, where available.
C. Employers shall submit yearly an updated WTP in accordance with this Section.
Employers who fail to submit an initial plan, or updated plan when required, shall be in violation of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.080 Procedures for Submission of Emission Reduction Plans and Worksite Transportation Plans
A. Any Eemployer who establishes a new wWorksite in the City of Santa Monica, or whose Eemployee population increases to more than 1030, will be required to submit an ERP or WTP to the City of Santa Monica. Employers are required to provide notice to the Planning Director of Transportation within 30 calendar days of establishing a new wWorksite, or increasing Eemployee population. The notice shall be written, and include the Eemployer’s name, the business and mailing address, the number of Eemployees reporting to the wWorksite and the name of the highest-ranking official at the Wworksite.
Upon receipt of the notice, the City shall provide written notification to the Eemployer and 90 calendar days thereafter the Eemployer shall submit a plan and shall be subject to all provisions of this Chapter.
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Packet Pg. 866 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per B. Any Eemployer who has submitted a plan pursuant to this Chapter and whose Eemployee population falls to fewer than 310 Eemployees for a 6-month period, calculated as a monthly average, may submit a written request to the Planning Director of Transportation to be exempt from this Chapter. The Eemployer must submit documentation which demonstrates an Eemployee population of less than 310 Eemployees. Such demonstration could be made by payroll records or other appropriate documentation.
C. Employers with 30 or More Employees.
1. All Eemployers with 30 or more Eemployees, located within the City of Santa Monica and subject to this Chapter, shall submit to the City, within 90 calendar days of receipt of written notice to implement an ERP designed to reduce emissions related to Eemployee commutes and to meet a Wworksite specific Emission Reduction Target (ERT) specifying pounds of emissions per Eemployee for the subsequent year.
2. Employers required to submit an ERP shall identify measures in their ERP that will result in attainment of their emission reduction targets through the Emission Reduction Plan specified in this Chapter within 90 calendar days of written notification by the City.
D. Employers of 10 to 29 Employees. Employers of 10 to 29 employees are required to submit WTPs as defined in this Chapter within 60 calendar days of written notification by the City.
E. Multi-Site Employers of 250 or More Employees.
1. Multi-site Eemployers of 250 or more employees, with one or more sites located outside the City of Santa Monica, but within the South Coast Air Basin and subject to
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Packet Pg. 867 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per SCAQMD Rule 2202, have the option of filing a Rule 2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica. Employers choosing to file a Rule 2202 plan with the SCAQMD will be required to notify the Planning Director of Transportation in writing no later than 15 business days prior to the plan due date.
2. Multi-site Eemployers of 250 or more Eemployees, with Wworksites owned or leased by the same Eemployer and located wholly within the City of Santa Monica, upon the Planning Director of Transportation’s approval of a written request, may submit a single ERP or WTP encompassing all Wworksites.
F. All Eemployer ERPs and WTPs shall be consistent with any plans previously submitted by the Ddeveloper of the property at which the Wworksite is located, provided however, that where requirements of this Chapter are more stringent, the requirements of this Chapter shall apply.
G. If an Eemployer’s ERP or WTP due date falls on a day City Hall is normally closed (i.e., weekend, holiday, 9/80 Friday off), the Eemployer may submit the ERP or WTP on the first business day after the plan due date.
H. If an ERP or WTP is mailed to the City, the plan must be submitted postmarked on or before the plan due date. If the plan is submitted postmarked after the plan due date, the plan shall be considered late and the Eemployer shall be charged a penalty of 25% of the total Employer Annual Transportation Fees and forfeit any discount given for attainment of the applicable AVR target in the a.m. and p.m. windows.
I. After an Eemployer submits a plan, the Planning Director of Transportation must either approve or disapprove the plan within 90 calendar days for an ERP and within 60 calendar days for a WTP.
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Packet Pg. 868 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
1. Written notice of approval or disapproval shall be given. If the plan is disapproved, the reasons for disapproval shall be given in writing to the Eemployer.
2. Once the plan is approved, the Eemployer will have 60 calendar days from the date of approval to implement all aspects of the plan.
3. Any plan disapproved by the Planning Director of Transportation must be revised by the Eemployer and resubmitted to the Planning Director of Transporation within 30 calendar days of written notice of disapproval or the Eemployer shall be deemed in violation of this Chapter. The City has 90 calendar days to review the resubmitted plan.
4. Upon receipt of the second disapproval written notice, and until such time as a revised plan is submitted to the Planning Director of Transportation, the Eemployer is in violation of this Chapter.
J. An approved ERP or WTP may be revised between plan submittal dates by submitting a plan revision in writing to the Planning Director of Transportation. The revision shall not be effective until approved by the Planning Director of Transportation.
K. Employers who relocate to another worksite within the City of Santa Monica shall notify the City in writing of relocation within 30 calendar days. The City shall notify the Eemployers in writing to submit an updated version of the Eemployee profile and worksite analysis of the ERP or WTP.
L. No Eemployer of 250 or more Eemployee s shall be responsible for complying with this Chapter if the City and the SCAQMD have an agreement which provides an exception to those Eemployers from the requirements of filing a Rule 2202 plan with the SCAQMD.
If at any time the City fails to meet its obligation under the executed agreement,
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Packet Pg. 869 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Eemployers of 250 or more employees in the City shall be released from this Chapter and shall be subject to compliance with the SCAQMD Rule 2202 requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.085 Suspension on Filing Worksite Transportation Plan and Emission Reduction Plan
From September 24, 2020 through September 24, 2024, the requirement for the filing of a Worksite Transportation Plan shall be suspended for all employers and the requirement for the filing of an Emission Reduction Plan shall be suspended for employers with 49 or fewer employees. (Added by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.090 Employer Monitoring and Enforcement
A. Audits.
1. City Audits. The City shall perform audits on a selective basis. Employers shall receive at least 5 days’ written notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and demonstration that an Eemployer is performing the on-going monitoring required by this Chapter.
2. Compliance Inspection. Any Eemployer subject to this Chapter is subject to a compliance inspection. This inspection will require access to records that demonstrate implementation and monitoring of the Eemployer’s Emission Reduction Plan.
B. Violations of this Chapter.
1. No business license shall be renewed if an Eemployer has not paid the fees required by this Chapter.
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Packet Pg. 870 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
2. Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule, failure to keep records, falsification of records, failure to have a certified ETC or designated on-site coordinator on site if required, or failure to submit proper fees in accordance with this Chapter is a violation of this Chapter. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the City, the Eemployer shall be deemed in violation of this Chapter.
3. If an Eemployer chooses the Eemployee Ttrip Rreduction option and complies with all provisions of the approved plan but fails to meet the applicable AVR targets, that is not a violation of this Chapter, however, the City shall require the Eemployer to provide additional incentives and marketing strategies in the ETRP with the goal of increasing the Eemployer’s AVR. Failure to obtain an approved updated plan shall be a violation of this Chapter.
4. If an Eemployer chooses any emission reduction option (excluding the Eemployee Ttrip Rreduction option), the Eemployer must meet the required emission reduction targets for that plan year. Failure to do so will be considered a violation of this Chapter.
5. Each day an Eemployer violates the provisions of this Chapter or the terms and conditions of any approved ERP or WTP shall constitute a separate violation.
C. Enforcement Actions. In addition to any other remedy provided for by law, the City may take the following actions for violations of this Chapter or the terms and conditions of any approved ERP or WTP.
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Packet Pg. 871 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
1. Require the addition of elements to an WTP and ERP submitted by an Eemployer.
2. Revoke any approval of an ERP or WTP.
3. Revoke the business license held by any violator.
4. Impose administrative remedies as provided for in Chapter 1.09 or 1.10.
5. Any person violating any provision of this Article of the Municipal Code shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00 per violation, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both such fine and imprisonment.
6. Any person convicted of violating any provision of this Chapter shall be ordered to reimburse the City its full investigative costs.
7. Notwithstanding any other provisions of this Chapter regarding penalties for enforcement actions or for violations, for violators with 250 or more Eemployees, the City, in addition to any other remedies under this Chapter, shall refer the matter to the SCAQMD for appropriate action in accordance with the Memorandum of Understanding executed between the City and the SCAQMD. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.100 Administrative Appeals
A. Disapproval of an ERP or WTP by the Director’s designee, including a revision of such a plan, may be appealed to the City.
B. An appeal of an action by the Director’s designee shall be filed with the Department of Planning and Community DevelopmentCity within 10 calendar days following the date
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Packet Pg. 872 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per of the action from which an appeal is taken. If no appeal is timely filed, the action taken by the Director’s designee shall be final.
C. A hearing on an appeal shall be scheduled within 60 calendar days of the date of filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than 10 calendar days prior to the hearing scheduled before the Director or Hearing Officer.
D. A written decision on an appeal shall be issued 30 calendar days from the date of the hearing.
E. An action by the Director’s designee that is appealed to the Director or Hearing Officer shall not become effective unless and until approved by the Director or Hearing Officer.
F. A decision of the Director or Hearing Officer shall be final except for judicial review and there shall be no appeal to the Commission or City Council. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.110 Developer TDM Fee
A. Developer Annual TDM Fee. An annual Ddeveloper TDM fee shall be required for Ddevelopers of projects that will result in the new construction of:
a. Nonresidential projects: 7,500 square feet or more.
b. Residential projects: 16 or more residential units.
c. Mixed-use projects: 16 or more residential units with any associated nonresidential floor area or 7,500 sf or more of nonresidential floor area with any number of residential units.
B. Developer TDM fees collected pursuant to this Chapter shall be deposited into an account separate from the General Fund. The purpose of the Ddeveloper TDM fee is to
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Packet Pg. 873 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per pay for the cost of administration, including TDM outreach and support and City TMO formation activities, implementation, investigation, inspection, audit, and enforcement of this Chapter. The fee shall be established by resolution of the City Council and amended from time to time and shall be payable prior to issuance of Certificate of Occupancy and annually thereafter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.120 Procedures for Submission of Developer TDM Plan A. Preliminary TDM Plan Required. Developers shall be required to submit a Preliminary Developer TDM Plan meeting the requirements of Section 9.53.130(A), with the exception of paragraphs (3), (4), and (7), at the time of application for the project’s planning entitlement for new construction applications.
B. Time Limits for Review. The Planning Director of Transportation shall provide initial comments to the Ddeveloper on the Preliminary Developer TDM Plan within 30 calendar days of application submittal.
C. Approval Required. The Planning Director of Transportation shall approve or disapprove the Preliminary Developer TDM Plan prior to project approval by the Planning Division, Planning Commission, or the City Council, based on the following findings:
1. Inclusion of all applicable components of a Developer TDM Plan in this Chapter.
2. Whether the Developer TDM Plan clearly outlines site-specific strategies.
3. Likelihood of program measures to achieve applicable AVR Target.
D. Notice. Notice of approval or disapproval shall be given in writing to the Ddeveloper.
Any plan disapproved by the Planning Director of Transportation must be revised by the
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Packet Pg. 874 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Ddeveloper and resubmitted to the City within 30 calendar days of the notice of disapproval.
E. Physical Components. Prior to issuance of a building permit, physical components of the Plan must be shown on the construction drawings and be approved by the Planning Director of Transportation.
F. Final TDM Plan Required. Prior to issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy, a Final Developer TDM Plan for new construction projects, in accordance with Section 9.53.130 shall be submitted for review and approval by the Planning Director of Transportation. The Final Developer TDM Plan shall also be recorded against the property to ensure compliance with this Chapter.(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.130 Content of the Final Developer TDM Plan
A. Final Developer TDM Plan Format. The Final Developer TDM Plan shall result in the Developer achieving the applicable AVR Target in this Chapter and shall include:
1. Project description.
2. Site conditions that affect commute travel.
3. Statement of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to determine commute vehicle trip behavior including collection of data on Eemployee means of travel, arrival time, and interest in information on ridesharing opportunities (this shall not be applicable to residential units);
b. Monitor Developer TDM Plan; and
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Packet Pg. 875 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per c. Report annually in a manner required by this Chapter.
4. Annual budget to implement Developer TDM Plan.
5. Duties, responsibilities, and qualifications of a certified PTC.
6. Developer TDM Plan program measures.
7. Implementation strategy that specifies how the Developer TDM Plan will be implemented, monitored, and who will be responsible for submitting annual status reports to the City.
B. Physical and Programmatic Elements. The Developer TDM Plan program measures shall include the following:
1. Physical Elements. In addition to all physical facility improvements required by Chapter 9.28, Parking, Loading, and Circulation, the following additional physical elements shall be required to be implemented by the Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation information located where the greatest number of Eemployees, visitors, and residents are likely to see it. Such transportation information may be provided in an on-site physical location, such as a bulletin board, digital screen, or kiosk, or through other media, such as on a website or other digital means. Information shall include, but is not limited to, the following:
i. Current maps, routes and schedules for public transit routes within one-half mile of the project site.
ii. Transportation information including regional ridesharing agency, local transit operators, and certified TMO where available.
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Packet Pg. 876 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per iii. Ridesharing promotions material supplied by commuter-oriented organizations.
iv. Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps, and bicycle safety information within one-half mile of the project site.
v. Information about Shared Mobility providers operating within the City. vi. A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
vii. Walking and biking maps for Eemployees and visitors, which shall include, but not be limited to, information about convenient local services and restaurants within walking distance of the project.
viii. Information to commercial tenants and Eemployee s of the project regarding local rental housing agencies.
2. Programmatic Elements. Additional programmatic elements shall also be included in the Developer TDM Plan program measures based on the type of development as follows:
a. Project Transportation Coordinator. A designated Project Transportation Coordinator shall manage all aspects of the Developer TDM Plan and participate in City-sponsored workshops and information roundtables. The PTC shall be responsible for making available information materials on options for sustainable or active alternative transportation modes and opportunities particularly programs that involve commuter subsidies such as pParking cCash oOut and vanpool subsidies. In addition, transit fare media and day/month
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Packet Pg. 877 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per passes will be made available through the PTC to Eemployees, visitors, and residents during typical business hours. In the event that the project is sold or transferred, Ddeveloper shall notify the City Planning Director of the new point of contact for the successor and/or new PTC for the project within 30 calendar days of such sale or transfer.
b. Nonresidential Projects and Nonresidential Components of Mixed-Use Projects. Nonresidential projects that result in the addition of 7,500 square feet of floor area or more and the nonresidential portion of mixed-use projects shall provide, at minimum, the following programmatic elements:
i. New Eemployee orientation.
ii. pParking cCash oOut.
iii. Incentives for Eemployees that live within one-half mile of workplaces. iv. Information regarding availability of bike commute training offered either onsite or by a third party. v. Free on-site shared bicycles intended for Eemployee use during the work day (e.g., Bike@Work program). This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site. vi. Commuter matching services for all Eemployees on an annual basis, and for all new Eemployees upon hiring.
vii. Information regarding benefits of: compressed work schedule, flex-time schedule, telecommuting, and guaranteed ride home.
viii. Transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the Eemployee’s choice (e.g., Big Blue Bus
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Packet Pg. 878 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the Eemployee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent). An Eemployee accepting the transportation allowance shall be required to execute a contract agreeing said Eemployee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance more than 5 business days per month. The contract shall also specify the Eemployee’s alternative commute mode (e.g., transit, bike, walk). Within the Downtown Community Plan area, daily transportation allowance, equal to the value of the applicable monthly transportation allowance divided by 20, shall be offered to all eligible Eemployees. To receive the daily transportation allowance eligible Eemployees shall not be receiving the monthly transportation allowance and shall be required to submit a daily commute tracking form agreed that said Eemployees utilized an eligible non-single occupancy vehicle mode for at least 51% of their daily commute. The Eemployee must demonstrate compliance as reasonably required by the property owner.
ix. Customer and visitor incentives for uses with significant numbers of customers and visitors such as retail, food service, hospitality, and medical office:
1. Customer incentive program.
2. Public directions prioritizing rideshare modes.
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Packet Pg. 879 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
3. Special event rideshare services.
4. Shared ride service.
x. Any additional measures that would result in the Ddeveloper achieving the applicable AVR target.
c. Residential Projects and Residential Components of Mixed-Use Projects. Except as provided in subsection iv, projects that result in the addition of 16 residential units or more and the residential portion of mixed-used projects shall include the following programmatic elements:
i. Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subdivision (1)(a) of this subsection (B) (Physical Elements—On-Site Transportation Information).
ii. Local Preference Marketing Plan. Prepare and implement a marketing and outreach program for the rental of units that targets: (A) Eemployees of businesses located within a one-half mile radius of the project; (B) Eemployees of the local hospitals; (C) Eemployees of the Santa Monica Malibu Unified School District; (D) Eemployees of the City’s police and fire departments; (E) Eemployees of businesses outside the one-half-mile radius but within the City of Santa Monica. In leasing units, the Ddeveloper shall give priority to applicants in the foregoing categories provided that all such applicants meet generally applicable leasing qualifications and criteria
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Packet Pg. 880 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per imposed by the Ddeveloper. Nothing in this Chapter shall require that any residential units be occupied by such persons.
iii. TMO Participation. Active participation in the formation and ongoing activities of a certified TMO, if established and includes the project site, including payment of annual dues at a level so that trip reduction services are provided as set forth by the TMO, attendance at organizational meeting, providing travel and parking demand data to the TMO, and making available information to project tenants relative to the services provided by the TMO. iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident’s choice (e.g. Big Blue Bus 30- Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica
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Packet Pg. 881 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident’s nonsingle occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child’s parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another multiple-unit dwelling project’s obligations under Santa Monica Municipal Code Chapter 9.64, then this subsection shall not apply to require the project to offer a transportation allowance.
C. Developer TDM Plan Applicable to Project Occupants. The Ddeveloper shall ensure that compliance with the Developer TDM Plan is included as a requirement in lease documents and any other agreements for occupancy in the project in order to inform and commit project occupants to applicable measures of the approved Developer TDM Plan.
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Packet Pg. 882 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
1. All Projects. Allowing Eemployees and residents to participate in campaigns that promote use of carpools, vanpools, transit, walking, bicycling, carshare, bikeshare, and other trip reduction efforts.
2. Nonresidential Projects. For nonresidential projects and nonresidential components of mixed-use projects, participating in the annual project commute survey.
D. Employer Worksite Plan Consistency. Employer ERPs and WTPs submitted subsequent to the approval of a Developer TDM Plan shall be consistent with the approved Developer TDM Plan, at a minimum, unless the Planning Director of Transportation approves alternative plan components.
E. Recording Required. Prior to Certificate of Occupancy, the Ddeveloper shall record an agreement, in a form acceptable to the City, that makes the Developer TDM Plan a condition of property ownership. The agreement shall include provisions to:
1. Guarantee adherence to the TDM objective and perpetual obligations of the Developer TDM Plan for all legal parcels within the site regardless of property ownership.
2. Inform all subsequent property owners of requirement of the Developer TDM Plan.
3. Inform the Planning Director of Transportation of any change in ownership.
4. Identify consequences of noncompliant performance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2552CCS § 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9, 2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS § 4, adopted September 8, 2020)
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Packet Pg. 883 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
9.53.140 Monitoring and Remedies for Violating Developer TDM Plan A. Annual Monitoring Required. Developer shall submit an annual monitoring report on the Developer TDM Plan (“Developer TDM Annual Status Report”) starting on the first anniversary of issuance of the project’s Certificate of Occupancy or Temporary Certificate of Occupancy, if applicable. The annual monitoring report shall include the following:
1. Confirmation of compliance with all Developer TDM Plan elements.
2. For nonresidential projects and nonresidential components of mixed-use projects, AVR calculations and documentation for the monitoring year based upon cumulative Eemployee surveys for the project undertaken for one consecutive week each year.
The survey must be conducted in accordance with Section 9.53.060(B) except that Zero Eemission Vvehicless shall be counted as vehicles.
3. Updated statement of commitment from property owner.
4. Updated annual budget to implement Developer TDM Plan.
5. Contact information including name, e-mail address, and proof of certification of the PTC who is responsible for the preparation, implementation, and monitoring of the Developer TDM Plan.
6. Effect of the Developer TDM Plan on on-site transportation choice, parking availability, and transit ridership.
7. Updated implementation strategy.
B. Time Limits for Review. The Planning Director of Transportation shall provide the property owner written notification indicating whether the TDM Annual Status Report is approved or deemed unacceptable within 45 calendar days of its receipt. Alternatively,
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Packet Pg. 884 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per the Planning Director of Transportation may notify the property owner in writing of an extension of this deadline of no more than 15 calendar days.
C. Violations. Violations of the Developer TDM Plan shall include but not be limited to failure to:
1. Submit a TDM Annual Status Report.
2. Pay the Developer TDM Fee.
3. Implement strategies contained in the Developer TDM Plan.
4. Achieve the established AVR requirement.
D. Remedies for Violation.
1. If the Ddeveloper commits a violation other than not achieving the applicable AVR target, the City shall issue a written warning and the Ddeveloper shall have 30 calendar days from receipt of the notice to correct the violation. If the Ddeveloper continues to commit the violation 60 calendar days after receipt of the first written warning, the Ddeveloper shall be subject to a fine of $5/residential unit/day and $5/Eemployee in the project/day. The fine shall be deposited in accordance with Section 9.53.110. In the case of mixed-use projects that include both residential units and Eemployees, the fine shall be calculated separately for each use.
2. If the annual monitoring report shows that the applicable AVR Target has not been achieved for the project, then the Ddeveloper shall submit a list of modifications to the Developer TDM Plan to the Planning Director of Transportation for approval within 60 calendar days of the report submittal. The Planning Director of Transportation shall review the list of modifications and may also recommend modifications to the Developer TDM Plan, as appropriate, in order to ensure that the applicable AVR target
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Packet Pg. 885 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per is achieved. Upon approval of the requested changes, the Ddeveloper shall have 30 calendar days to implement the approved measures. Developer shall then submit a follow-up monitoring report within 6 months of implementation of the new measures.
If the project continues to not achieve the applicable AVR Target, Ddevelopers have the option of:
a. Continuing to implement additional measures for approval by the Planning Director of Transportation.
b. Alternatively bring the project AVR into alternative compliance through the payment of an Alternative Compliance Fee pursuant to Section 9.53.140(E).
3. If the project continues to not be in substantial compliance with the Developer TDM Plan, the City shall have the option to:
a. Withhold the issuance of building permits, certificates of occupancy, and other City issued permits or licenses.
b. Issue a stop work order.
c. Request that the City Attorney take appropriate enforcement action. Referral to the City Attorney is not a condition precedent to any enforcement action by the City Attorney.
E. Alternative Compliance if AVR Target Is Not Achieved. If a project does not achieve the applicable AVR Target established for the project, Ddeveloper may choose to pay an Alternative Compliance Fee to off-set the AVR Target in order to achieve the AVR Target/work day. The fee shall only be applicable upon completion of a fee study and shall be established by resolution of the City Council. The fee shall be based on the following calculation:
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Packet Pg. 886 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Step 1:
Total Number of Employee Trips Per
Week
=
Total Number of Vehicle
Trips
AVR Produced by Project Per
Week
Step 2:
Total Number of Employee Trips Per
Week = Total Number of Vehicle Trips Allowed
AVR Target to Achieve Target AVR Per Week
Step 3:
Total Number
of Produced
Trips
- Total Number of
Allowable Trips =
Vehicle Trip Reduction
Necessary to Achieve
AVR Target =
Daily Vehicle
Reduction Needed to
Achieve AVR Target 5
Step 4:
Alternative Compliance Fee = Compliance Fee x Daily Vehicle Reduction Needed to Achieve AVR Target x work days per year (based on 22 work days per month) F. Procedures for Modification of Developer TDM Plan. Developer may submit a request to modify the Developer TDM Plan with such request to be approved by the Planning Director of Transportation. Approval to modify the Developer TDM Plan may be granted if the modifications are: (1) likely to result in the project achieving its applicable AVR Target; and (2) are equally or more effective as the measures that are being modified. Developer shall provide quantifiable evidence, analysis, or consultant report that demonstrates the requested changes will not cause the project AVR to decrease.
G. Combined TDM Annual Status Report for Multiple Projects. Upon the Planning Director of Transportation’s approval of a written request, a Ddeveloper may submit a single TDM Annual Status Report encompassing multiple projects to the requirements of
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Packet Pg. 887 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per this Chapter if the projects are owned by the same Ddeveloper and located wholly within the City of Santa Monica.
H. Maintenance of Detailed Records Required. Developers must keep detailed records of the documents which verify the average vehicle ridership calculation for a period of 3 years from plan approval date. Monitoring mechanisms which verify that the Developer TDM Plan has been implemented shall be kept for a period of at least 3 years from plan approval date. Monitoring mechanisms may include, but not be limited to:
1. Printed documentation of site features (e.g., location of carpool and vanpool parking spaces).
2. Photographs of TDM program facilities (e.g., vanpool and carpool parking spaces).
3. Field site inspections by the City.
4. Other building site reports and surveys that the City may deem appropriate.
5. Approved Developer TDM Plans must be kept at the project site by the PTC. Failure to maintain records or falsification of records will be deemed a violation of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.150 Transportation Management Organizations (TMOs) A. Employers and Ddevelopers may propose to use the services of a City-certified TMO to implement their Employer Trip Reduction Plans or Developer TDM Plans provided that membership in a City-certified TMO includes payment of annual dues at a level so that trip reduction services are provided, as set forth by the TMO.
B. The City may certify TMOs that submit a first-year work plan which outlines the following:
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Packet Pg. 888 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
1. A mission statement which describes the reasons for the organization’s existence and the overriding goals of the TMO, including how the TMO will implement the goals of the LUCE and No Net New p.m. Peak Trips.
2. Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMO and how the TMO will help meet the area and regional transportation and air quality goals.
3. A plan for a baseline survey of commuters and Eemployers in the area to establish existing commuter characteristics and attitudes of commuters towards traffic and the use of commute alternatives options. The Eemployer survey shall obtain a descriptive profile of existing programs and Eemployer attitudes toward developing new programs.
4. The services to be provided by the TMO to its members, including the commute alternatives options to be provided and promoted, the advocacy and marketing activities planned including in-person outreach to Eemployees, and the role of the TMO staff in providing the services.
5. A marketing plan which creates an identity for the TMO and which describes how the TMO’s planned services will be marketed to member Eemployers and their Eemployees.
6. A monitoring and evaluation plan which will be used to measure progress against goals and objectives, including results of the TMO’s activities with each member.
This plan will be used to provide annual reporting information to the City.
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Packet Pg. 889 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per
7. A budget which details how the work of the TMO will be accomplished, including details of public and private financing and expenditures.
C. The TMO must provide an annual report to the City to become recertified yearly. The annual report shall include the same elements as the first year plan with the following exceptions:
1. The mission statement shall be revised based on changes in the goals and objectives of the TMO, if any.
2. The goals and objectives shall be updated to reflect progress and changes in the TMO 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 describe the next year’s planned activities. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020) SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of 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
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Packet Pg. 890 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.
APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney
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Packet Pg. 891 Attachment: SMMC Ch. 9.53 Ordinance Updates 2024 (5845 : First Reading to Amend Transportation Demand Management Ordinance per Item 10.B: TDM
Ordinance Updates
& SCAQMD MOU
June 11, 2024
Colleen Stoll, Transportation Demand Program Manager
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Packet Pg. 892 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation • 69% of GHG emissions
in 2022 were from
vehicle transportation
Background Information – Why TDM?
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Packet Pg. 893 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation • 90% of employees that
work at regulated
employers live outside of
Santa Monica
• In 2023 a vehicle costs
$1,200/month to own and
operate
• The two largest
household expenses are
housing and
transportation
Background Information – Why TDM?
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Packet Pg. 894 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation Background Information – Why TDM?
54%
13%
12%
8%
4%
4%
5%
65%
14%
4%
4%
7%
4%
2%
0% 10% 20% 30% 40% 50% 60% 70%
Drive Alone
Telework
Transit
Carpool
Walk
Bike
Other
Comparison of Regulated Employee & Resident Mode Split (2019) Resident Mode Split Regulated Employee Mode Split
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Packet Pg. 895 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation Background Information – Why TDM?
Platinum Winners:
• Kite Pharma
• Santa Monica College
• Snyder Diamond
• Tennis Channel
Gold Winners:
• Crossroads School
• Huntley Hotel
• Pacific Park
• Red Bull
• Snap, Inc.
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Packet Pg. 896 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation TDM Timeline
1987
SCAQMD adopts
regulations to
reduce vehicle
pollution
1991
TDM ordinance
adopted & first
MOU between City
& SCAQMD
1993
MOU between City
& SCAQMD
updated
1996
MOU between City
& SCAQMD
updated
2010
LUCE adopted
2015
TDM Ordinance
modified and
Developer TDM
added
2016
Metro E Line
extension
completed
2016
GoSaMo TMO
launched
Sept 2020
Moratorium on
regulating
employers with 10-
49 employees
2023
SCAQMD
amended Rule
2022
Sept 2024
Small employer
moratorium
scheduled to end
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Packet Pg. 897 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation Ordinance Changes
• Add the collection of Vehicle Miles Traveled (VMT), telecommute, and business type data • Lower the commute survey minimum response rate to 60% • Reinstate requirement for employers with 30-49 employees • Eliminate requirement for employers with 1-29 employees
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Packet Pg. 898 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation Staff Recommendations
• Introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 9.53 (Transportation Demand Management) to align with the South Coast Air Quality Management District’s Rule 2202 regulations • Adopt a resolution approving amendments to the related Memorandum of Understanding with the South Coast Air Quality Management District • Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) and a finding of Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines
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Packet Pg. 899 Attachment: PowerPoint Presentation (5845 : First Reading to Amend Transportation City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 10.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Introduce for First Reading an Ordinance that Supports Electric Vehicle Charging Access by Adopting Local Amendments to the 2022 California Green Building Standards Code
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Introduce for first reading the attached Ordinance that adopts local amendments under SMMC Chapter 8.102 to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging;
3. Adopt the attached Resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code; and
4. Direct the City Manager to file the adopted Resolution and Ordinance amending the California Green Building Standards Code with the California Building Standards Commission.
Summary
As a leader in sustainability, the City continues to implement strategies that support its goals for a clean, safe, healthy, and sustainable community. As adopted by the City Council in 2017, the EV Action Plan (Attachment A) calls for increased access to EV charging, particularly in multifamily buildings and workplaces. The shift to EV charging also supports carbon emissions reduction goals from the transportation sector in the adopted Climate Action and Adaptation Plan (Attachment B). Council previously adopted EV Charger Reach Codes, codes that go beyond the state mandatory requirements under the California Green Building Standards Code (CALGreen), in 2020
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and again in 2022. The California Building Standards Commission recently adopted changes to the 2022 CALGreen EV charging requirements, which take effect July 1, 2024, and include significant increases to the required charging infrastructure in new multifamily buildings. This change will support increased EV adoption by making it much easier for residents to charge at home.
The proposed 2024 Santa Monica EV Charger Reach Code brings the City’s Green Building Code into compliance with the 2024 CALGreen Intervening Code Cycle and includes additional requirements through CALGreen Tier 1. Staff recommends adopting the Voluntary Requirements of Tier 1 Option A for residential buildings and readopting Tier 1 with an increased local requirement for office parking facilities under the nonresidential building category.
Discussion
In addition to the triannual Code cycles, the California Green Building Standards Code, known as CALGreen, is often updated halfway through the 3-year term, known as the Intervening Code Cycle. Local governments are required to come into compliance with the updated State Code, which will take effect on July 1, 2024. The 2024 Intervening Cycle includes some EV charging requirements that supersede Santa Monica’s 2022 Reach Code, and other requirements that are less stringent. CALGreen includes mandatory requirements and optional voluntary requirements, known as Tier 1 and Tier
2. These Tiers go beyond the State requirements and can be adopted by local governments. Staff recommends adopting the following voluntary requirements to support the goals for increased EV charging access in the adopted EV Action Plan.
Residential: Tier 1 Option A
There are no changes to the single-family home requirements for EV charging and therefore, no recommended action from staff on our current Reach Code for single family homes.
For multifamily, the recommended Tier 1, Option A would change the requirement from the current Santa Monica Reach Code requirement of 60% EV ready parking spaces to
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50%, and increase the required number of spaces with EV chargers installed from 5% to 15%. EV ready spaces are set with conduit, wiring, and a receptacle to allow future EV drivers easy access to charging. The EV Capable requirement, which requires only the electrical capacity to support future EV charging but does not include conduit and wiring, would be eliminated in accordance with the new state code as shown in Table 2.
EV Ready spaces in multifamily buildings would be located in at least one assigned parking space per unit where assigned parking is provided but need not exceed 50% of the total number of assigned parking spaces.
Table 2: Comparing Residential EV Charger Codes
2022 Santa
Monica EV Reach
Code
2024 State Intervening
Code: Mandatory
2024 Intervening State
Code: Tier 1, Option A
EV Capable 10% 0% 0%
EV Ready
(Low Power)
60% 40% 50%
EV Charger
Installed
5% 10% 15%
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Non-Residential: Tier 1 + 20% for Office Parking
For non-residential buildings staff recommends re-adopting Tier 1 and keeping a requirement from the 2022 Santa Monica EV Charger Reach Code for 20% of office parking spaces to meet Low Power Level 2 EV Ready. This would maintain the same non-residential EV Charger Reach Code that was adopted by Council in 2022, while including the updates in the new Intervening Code Cycle, such as the Power Allocation method. This method uses kVA to determine power allocation thresholds based on the number of parking spaces, enabling a project applicant to choose whichever mix of EV Ready, EV Capable, EVSE, and/or DC fast chargers makes sense for their project.
Public Outreach
On March 18, 2024 the Commission on Sustainability, Environmental Justice and the Environment unanimously approved the staff recommendation to adopt the EV Charger Reach Codes for Residential parking (Tier 1) and Non-Residential (Tier 1 with additional office charging requirements).
On April 3, 2024, the Office of Sustainability & the Environment held a stakeholder meeting to review and discuss the proposed EV Charger Reach Code. The attendees represented affordable housing developers, housing developers, architecture, and design firms, building managers, and green building advocates. The response was overwhelmingly positive.
Environmental Review
The Ordinance is categorically exempt pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines. Section 15308 exempts actions taken by regulatory agencies for protection of the environment (Class 8). The Ordinance would address EV charging requirements, and therefore, is exempt pursuant to Section 15308.
In addition, this Ordinance is exempt from CEQA under Section 15061(b)(3), on the grounds that these standards are more stringent than the State building code standards, there are no reasonably foreseeable adverse impacts, and there is no possibility that the Ordinance in question may have a significant effect on the environment.
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Past Council Actions
Meeting Date Descriptions
11/14/17 (Attachment A) Adopted the EV Action Plan
05/28/2019 (Attachment B) Adopted the Climate Action & Adaptation Plan 02/25/2020 (Attachment C) Ordinance Adopting the 2020 EV Charger Reach Code
9/27/2022 (Attachment D) Ordinance Adopting the 2022 EV Charger Reach Code
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Ariana Vito, Sustainability Analyst
Approved Forwarded to Council
Attachments:
A. EV Action Plan (Web Link)
B. Climate Action & Adaptation Plan (Web Link)
C. 2020 Ordinance: EV Charger Reach Code (Web Link)
D. 2022 Ordinance: EV Charger Reach Code
E. 2022 Staff Report: Adoption of the 2022 EV Charger Reach Code and Zero Emission Building Code (Web Link)
F. 2024 EV Resolution
G. 2024 Intervening EV Charger Ordinance
H. Written Comments
I. PowerPoint Presentation
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DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 1 City Council Meeting: October 11, 2022 Santa Monica, California ORDINANCE NUMBER 2723 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE RELATING TO ELECTRIC VEHICLE PARKING
REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS
WHEREAS, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code on July 1, 2022, and such code becomes effective 180 days thereafter, on January 1, 2023; and WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and
WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, at its February 25, 2020 meeting, the Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 905 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 2 conditions to support certain local amendments to the 2019 California Green Building Standards Code; and
WHEREAS, at its February 25, 2020 meeting, the Council enacted an ordinance adopting and making certain local amendments to the 2019 California Green Building Standards Code; and
WHEREAS, consistent with the City’s May 2019 Climate Action & Adaptation Plan, the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance will increase the use of renewable energy and reduce greenhouse gas emissions; and
WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were the subject of three public stakeholder workshops conducted on June 8, 2022, June 16th, 2022, and July 6, 2022, at which attendees included architects, energy modelers, designers, builders, developers, other local stakeholders, and residents; and WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were reviewed with the Commission on Sustainability, Environmental Justice, and the Environment and its Electric Vehicle Subcommittee at multiple meetings in 2022; and WHEREAS, at its August 15, 2022 meeting, the Commission on Sustainability, Environmental Justice, and the Environment determined to recommend that the City Council adopt the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance; and
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 906 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 3 WHEREAS, on August 17, 2022 the City’s Building and Fire Life Safety Commission met and decided to remain neutral on the proposed local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, once adopted by the City Council, the local amendments to the 2022 California Green Building Standards Code will, in accordance with Health and Safety Code Section 17958.7, be submitted to the California Building Standards Commission for filing, and shall become effective 30 days after this submission; and WHEREAS, the requirements in Santa Monica Municipal Code Section 8.106.055 are now obsolete.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Purpose.
It is the purpose and intent of this Ordinance to adopt local modifications and changes to the 2022 California Green Building Standards Code (Title 24, Part 11) that provide local standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2022 California Green Building Standards Code reduce greenhouse gas emissions.
SECTION 2. Section 8.106.055 is hereby repealed.
SECTION 3. Section 8.106.110 of the Santa Monica Municipal Code is hereby added to read as follows:
8.106.110 Electric Vehicle Charging residential mandatory measures Section 4.106.4 of the 2022 California Green Building Code and its subsections are amended to read as follows:
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 907 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 4 4.106.4 Electric vehicle (EV) charging for new construction.
New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate current and future electric vehicle charging. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.
4.106.4.1 New one- and two-family dwellings and town-houses with parking facilities.
For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240- volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 908 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 5 enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of the original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities.
When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction.
See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 909 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 6 The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 910 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 7 2. EV Ready. Sixty (60) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any onsite distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms.
The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 911 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 8 (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.
Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.
Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Sixty (60) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 912 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 9 charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.2.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.2.2.1.1 Location. EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 913 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 10 Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section
4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3. 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions. The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Additional EV Ready spaces that are required by Santa Monica Municipal Code Section 8.106.110, Electric Vehicle Charging, in excess of the 25 percent EV Ready Spaces required by California Building Code Sections 4.106.4.2.1 and 4.106.4.2.2 do not need to comply with the dimensions listed in 4.106.4.2.2.1.2.
4.106.4.2.2.1.3 Accessible EV spaces.
In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 914 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 11 4.106.4.2.3 EV space requirements.
1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit.
Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 915 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 12 Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code.
4.106.4.2.5 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings.
When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 916 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 13 SECTION 4. Section 8.106.120 of the Santa Monica Municipal Code is hereby added to read as follows:
8.106.120 Electric vehicle charging non-residential mandatory measures Section 5.106.5.3 of the 2022 California Green Building Code and its subsections are amended to read as follows:
5.106.5.3 Electric vehicle (EV) charging.
Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3.1 and in accordance with regulations in the California Building Code and the California Electrical Code.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
A5.106.5.3.1 Tier 1 EV capable spaces.
Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 for design space requirements.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 917 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 14 When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, refer to Section 5.106.5.3.2 for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).
1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable cabinet box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.
2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.
3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.
4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”.
Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 918 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 15 Table A5.106.5.3.1
TOTAL
NUMBER OF
ACTUAL
PARKING
SPACES
TIER 1
NUMBER OF
REQUIRED EV
CAPABLE
SPACES
TIER 1
NUMBER OF
EVCS
(EV CAPABLE SPACES
PROVIDED WITH
EVSE)2
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 5
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of total1 33 percent of EV
capable spaces 1
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
5.106.5.3.2 Electric vehicle charging stations (EVCS).
EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table A5.106.5.3.1. The EVCS required by Table A5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger. The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 919 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 16 5.106.5.3.3 Use of automatic load management systems (ALMS).
ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum
3.3 kW while simultaneously charging multiple EVs.
5.106.5.3.4 Accessible EVCS.
When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.
Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
5.106.5.3.5 Additional EV Ready Requirement for office facilities.
In addition to the requirements of Table A5.106.5.3.1,for office parking facilities, an additional twenty (20) percent (rounded to the nearest whole number) of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.
5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty.
Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section
5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.
Exceptions:
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 920 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 17 1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:
5.106.5.4.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores with planned off-street loading spaces.
In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1.1 to accommodate the dedicated branch circuits for the future installation of EVSE.
2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 921 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 18 charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.1.
3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located, and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.
4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.1.
TABLE 5.106.5.4.1
RACEWAY CONDUIT AND PANEL POWER REQUIREMENTS FOR MEDIUMAND HEAVY-DUTY EVSE Building
type
Building Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity
Required (kVa) for
Raceway & Busway
and Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than 90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than 135,000 1 or Greater 400
Warehouse
20,000 to 256,000
1 or 2 200
3 or Greater 400
Greater than 256,000 1 or Greater 400
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 922 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 19 SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of 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 7. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Following its adoption, this Ordinance shall be submitted to the California Building Standards Commission for filing. This Ordinance shall become effective 30 days after submission to the California Building Standards Commission. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.
APPROVED AS TO FORM:
Douglas Sloan, City Attorney
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7
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Packet Pg. 923 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) DocuSign Envelope ID: 8706ED82-8339-4529-8822-190560AAF245 Approved and adopted this 11th day of October, 2022.
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2723 (CCS) had its introduction on September 27, 2022 and was adopted at the Santa Monica City Council meeting held on October 11, 2022, by the following vote:
AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
ATTEST:
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2723 (CCS) was duly published pursuant to California Government Code Section 40806.
DocuSign Envelope ID: 512397F4-BDCE-4604-8BD7-68224BC146D7 10/24/2022
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Packet Pg. 924 Attachment: 2022 Ordinance: EV Charger Reach Code (6319 : EV Charger Reach Code Updates (15 min)) 1 City Council Meeting: June 11, 2024 Santa Monica, California RESOLUTION NUMBER ___ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL AND
ENVIRONMENTAL CONDITIONS PURSUANT TO PUBLIC RESOURCES CODE SECTIONS 17958.7 and 18941.5
WHEREAS, the State Building Standards Commission has approved and published the 2022 edition of the California Building Standards Code on July 1, 2022; and such code took effect January 1, 2023; and
WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and
WHEREAS the July 2024 Intervening Code Cycle update to the 2022 California Green Building Standards Code takes effect July 1, 2024; and
WHEREAS, California Health and Safety Code Sections 17958.7, and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, on or about September 20, 2016, the State of California enacted Senate Bill (SB) 32, which added Health and Safety Code Section 38566 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by no later than December 31,
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Packet Pg. 925 Attachment: 2024 EV Resolution (6319 : EV Charger Reach Code Updates (15 min)) 2 2030; and
WHEREAS, the City of Santa Monica is committed to reducing greenhouse gas emissions in accordance with the United States’ original commitment to the Paris Climate Accord; and
WHEREAS, consistent with its May 2019 Climate Action & Adaptation Plan (“CAAP”), the City of Santa Monica is committed to establishing requirements to reduce greenhouse gas emissions by electrifying the building and transportation sectors, which will also increase the use of renewable energy; and
WHEREAS, based upon the findings contained in this Resolution, the City Council will be adopting an ordinance making local amendments to the 2022 California Green Building Standards Code that are reasonably necessary based upon local climatic, geological, and environmental conditions.
NOW, THEREFORE, the City of Santa Monica does resolve as follows:
SECTION 1. The City Council makes the following findings regarding local climatic, geological, topographical, and environmental conditions related to the local amendments to the 2022 California Green Building Standards Code described in Section 2 below:
General Findings
(a) It is expected that climate change will result in more severe and frequent drought and extreme heat events, intensifying local heat islands and putting vulnerable populations at health risk. (Climatic)
(b) Due to changes in rainfall patterns expected with climate change, the City of Santa Monica is likely to be subject to more severe weather events, including droughts
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Packet Pg. 926 Attachment: 2024 EV Resolution (6319 : EV Charger Reach Code Updates (15 min)) 3 as well as more intense storms that increase the risks of wildfire, erosion, overland local flooding and landslides. (Climatic and Environmental) (c) The greater Los Angeles region is a densely populated area having buildings constructed within a region where environmental resources are scarce due to varying and occasional immoderate temperatures and weather conditions. (Climatic and Environmental) (d) Failure to address and significantly reduce greenhouse gas (GHG) emissions could result in rises in sea level that could put at risk Santa Monica homes, businesses, and public facilities (Climatic and Geological).
(e) The State of California enacted Senate Bill (SB) 32 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by 2030. (f) The City of Santa Monica is committed to reducing greenhouse gas emissions in accordance with the United States’ original commitment to the Paris Climate Accord.
Specific Findings
(g) As noted in the CAAP, in February 2019, the Clean Power Alliance of Southern California started serving Santa Monica residents with electricity sourced from a higher content of renewable energy sources, with the result that as of May 2019 Santa Monica residents and businesses receive a default 100% renewable electricity. (Climatic and Environmental)
(h) The local amendments to promote the use of all-electric vehicles will encourage the substitution of all-electric vehicles for vehicles that use non-renewable fuel and emit GHG, which will increase the use of renewable energy, promote a lower contribution to GHG emissions, and increase resilience to ongoing climate change. (Climatic and Environmental) (i) On March 18, 2024, the Commission on Sustainability, Environmental Justice, and the Environment met to consider recommendations to the City Council regarding adopting
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Packet Pg. 927 Attachment: 2024 EV Resolution (6319 : EV Charger Reach Code Updates (15 min)) 4 local amendments to the 2022 California Building Standards Code in accordance with the 2024 Intervening Code Cycle and local climatic, geological and topographical conditions. The Commission on Sustainability, Environmental Justice, and the Environment unanimously recommended that the City Council adopt a resolution making necessary local findings and adopt local amendments to the 2022 California Building Standards Code.
SECTION 2: The City Council expressly finds that the following modifications and changes to the 2022 California Building Standards Code are reasonably necessary because of the local climatic or geological conditions and that each and every one the local conditions detailed in Section 1 above apply to the following modifications and changes to the 2022 California Building Standards Code, as follows:
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Packet Pg. 928 Attachment: 2024 EV Resolution (6319 : EV Charger Reach Code Updates (15 min)) 5 No. Municipal
Code
Section
Amendment Summary Justification
from Section
1 of this
Resolution
Local
Condition
1 8.106.110 In addition to current 2022 California
Green Building Standards Code
requirements:
(a) In multifamily development
projects, EV spaces must be
installed according to CALGreen
Tier 1 Option A (A4.106.8.2).
Sections (a)
through (i)
Climatic,
Geological,
Environmental
2 8.106.120 In addition to current 2022 California
Green Building Standards Code
requirements:
(a) In all new non-residential
buildings, EV spaces must be
installed according to CALGreen Tier
1 (Table A5.106.5.3.1 or Table
A5.106.5.3.2).
(b) In new office parking facilities, an
additional 20% of parking spaces
must be Low Power Level 2 EV
Ready spaces.
Sections (a)
through (i)
Climatic,
Geological,
Environmental
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:
____________________________
Douglas Sloan, City Attorney
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Packet Pg. 929 Attachment: 2024 EV Resolution (6319 : EV Charger Reach Code Updates (15 min)) 1 City Council Meeting: June 11, 2024 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING ARTICLE VIII OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE RELATING TO ELECTRIC VEHICLE PARKING
REQUIREMENTS FOR NEWLY CONSTRUCTED BUILDINGS
WHEREAS, the California State Building Standards Commission approved and published the 2022 edition of the California Building Standards Code on July 1, 2022, and such code became effective on January 1, 2023; and
WHEREAS, the 2022 California Building Standards Code includes the 2022 California Green Building Standards Code; and
WHEREAS the July 2024 Intervening Code Cycle update to the 2022 California Green Building Standards Code takes effect July 1, 2024; and WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 provide that the City may make changes or modifications to the building standards contained in the California Building Standards Code based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, Section 101.7.1 of the 2022 California Green Building Standards Code provides that for the purposes of local amendments to the 2022 California Green Building Standards Code, local climatic, topographical, or geological conditions include local environmental conditions as established by the City; and WHEREAS, at its September 27, 2022 meeting, the Council adopted a resolution making findings regarding local climatic, geological, topographical, and environmental
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Packet Pg. 930 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 2 conditions to support certain local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, at its September 27, 2022 meeting, the Council enacted an ordinance adopting and making certain local amendments to the 2022 California Green Building Standards Code; and
WHEREAS, consistent with the City’s May 2019 Climate Action & Adaptation Plan, the local amendments to the 2022 California Green Building Standards Code implemented by this ordinance will increase the use of renewable energy and reduce greenhouse gas emissions; and
WHEREAS, local amendments to the 2022 California Green Building Standards Code through the 2024 Intervening Code Cycle relating to building electrification and electric vehicle readiness were the subject of a public stakeholder workshop conducted on April 4, 2024 at which attendees included architects, energy modelers, designers, builders, developers, and other local stakeholders; and WHEREAS, local amendments to the 2022 California Green Building Standards Code relating to building electrification and electric vehicle readiness were reviewed with the Commission on Sustainability, Environmental Justice, and the Environment and its Electric Vehicle Subcommittee at multiple meetings in 2024; and WHEREAS, at its March 18, 2024 meeting, the Commission on Sustainability, Environmental Justice, and the Environment determined to recommend that the City Council adopt the local amendments to the 2022 California Green Building Standards Code (in accordance with the 2024 Intervening Code Cycle) implemented by this ordinance; and
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Packet Pg. 931 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 3 WHEREAS, at its May 14, 2024 meeting, Council formally adopted the 2022 California Green Building Standards Code; and
WHEREAS, once adopted by the City Council, the local amendments to the 2022 California Green Building Standards Code will, in accordance with Health and Safety Code Section 17958.7, be submitted to the California Building Standards Commission for filing, and shall become effective 30 days after this submission; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Purpose
It is the purpose and intent of this Ordinance to adopt local modifications and changes to the 2022 California Green Building Standards Code (Title 24, Part 11) that provide local standards for new residential, non-residential, and hotel and motel buildings that exceed the minimum standards of the 2024 Intervening Code update to the 2022 California Green Building Standards Code reduce greenhouse gas emissions.
SECTION 2. Section 8.106.110 of the Santa Monica Municipal Code are hereby amended to read as follows:
4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate current and future electric vehicle charging. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.
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Packet Pg. 932 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 4 Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.
4.106.4.1 New one- and two-family dwellings and town-houses with parking facilities. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1- inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
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Packet Pg. 933 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 5 Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of the original construction in accordance with the California Electrical Code.
4.106.4.1.1 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."
4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2.
Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system,
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Packet Pg. 934 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 6 including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
Notes:
a. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.
b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Sixty percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
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Packet Pg. 935 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 7 Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any onsite distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Ten percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to
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Packet Pg. 936 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 8 simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code. A minimum of one EV Capable space is required per project when parking is provided.
Exception: When EV chargers (Level 2 EVSE) are installed in a number greater than 5% of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the 5% required.
Notes:
a. Construction documents shall show locations of future EV spaces. b. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.
2. EV Ready. Sixty percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.
Exception: Areas of parking facilities served by parking lifts.
3. EV Chargers. Five percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level
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Packet Pg. 937 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 9 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.
4.106.4.2.2.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.2, Item 3, shall comply with Section 4.106.4.2.2.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.2.2.1.1 Location. EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section
4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2, Item 3.
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Packet Pg. 938 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 10 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions. The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5,486 mm).
2. The minimum width of each EV space shall be 9 feet (2,743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2,438 mm) wide minimum aisle. A 5-foot (1,524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3,658 mm). a
.
Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Additional EV Ready spaces that are required by Santa Monica Municipal Code Section 8.106.110, Electric Vehicle Charging, in excess of the 25 percent EV Ready Spaces required by California Building Code Sections 4.106.4.2.1 and 4.106.4.2.2 do not need to comply with the dimensions listed in 4.106.4.2.2.1.2.
4.106.4.2.2.1.3 Accessible EV spaces. In addition to the requirements in Sections
4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.
4.106.4.2.3 EV space requirements.
1. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service
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Packet Pg. 939 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 11 or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the location or the proposed location of the EV space. Construction documents shall identify the raceway termination point, receptacle or charger location, as applicable. The service panel and/or subpanel shall have a 40-ampere minimum dedicated branch circuit, including branch circuit overcurrent protective device installed, or space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the proposed location of the EV space, at the time of original construction in accordance with the California Electrical Code.
2. Multiple EV spaces required. Construction documents shall indicate the raceway termination point and the location of installed or future EV spaces, receptacles, or EV chargers. Construction documents shall also provide information on amperage of installed or future receptacles or EVSE, raceway method(s), wiring schematics and electrical load calculations. Plan design shall be based upon a 40-ampere minimum branch circuit. Required raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the location or the
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Packet Pg. 940 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 12 proposed location of the EV space at the time of original construction in accordance with the California Electrical Code.
4.106.4.2.4 Identification. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Electrical Code.
4.106.4.2.5 Electric Vehicle Ready Space Signage. Electric vehicle ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
(Added by Ord. No. 2634CCS § 2, adopted 4/28/20; amended by Ord. No 2723CCS § 3, adopted 10/11/22)
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Packet Pg. 941 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 13 Section 4.106.4 of the 2022 California Green Building Code and its subsections are amended to read as follows:
A4.106.8 Electric vehicle (EV) charging for new construction.
New construction shall comply with Section A4.106.8.1 or A4.106.8.2, to facilitate the installation and use of EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.
A4.106.8.1 New one- and two-family dwellings and townhouses with attached private garages.
Tier 1 and Tier 2. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in the raceway required by Section 4.106.4.1. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.
A4.106.8.1.1 Identification.
The service panel or subpanel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as “EV READY” in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as “EV READY.”
A4.106.8.2 New multifamily dwellings, hotels and motels.
New multifamily dwellings, hotels and motels shall meet the following requirements.
A4.106.8.2.1 Multifamily dwellings, hotels and motels
Tier 1. New multifamily projects shall comply with Option A.
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Packet Pg. 942 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 14 Option A for new multifamily dwellings, hotels and motels.
1. EV Ready parking spaces with receptacles.
a. Hotels and motels. Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. b. Multifamily parking facilities. Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.
EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of assigned parking spaces provided on the site.
Exceptions:
1. Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
2. Hotels and motels may substitute Level 2 EV chargers for some or all of the required EV charging receptacles. Where Level 2 EV chargers are installed in place of low power Level 2 receptacles, at least fifty (50) percent of the installed EV chargers shall be equipped with J1772 connectors.
2. EV Ready parking spaces with EV chargers.
a. Hotels and motels. Fifteen (15) percent of the total number of parking spaces for hotels and motels shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors.
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Packet Pg. 943 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 15 b. Multifamily parking facilities. Fifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be located in common use or unassigned parking areas and shall be available for use by all residents or guests.
Exceptions:
1. Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
An automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.
A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2,
4.106.4.2.2.1.1, 4.106.4.2.2.1.2, and 4.106.4.2.5.
SECTION 3. Section 8.106.120 of the Santa Monica Municipal Code is hereby
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Packet Pg. 944 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 16 amended as follows:
5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3.1 Tier 1, and in accordance with regulations in the California Building Code and the California Electrical Code.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
A5.106.5.3.1 Tier 1 EV capable spaces.
Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 for design space requirements.
When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, refer to Section 5.106.5.3.2 for the allowed use of Level 2 or Direct Current Fast Charger (DCFC) and Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).
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Packet Pg. 945 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 17 Comply with Section 5.106.5.3.1 EV capable spaces, Section 5.106.5.3.2 Electric vehicle charging stations and associated Table A5.106.5.3.1 Tier 1, or comply with Section A5.106.5.3.2 Electric vehicle charging stations (EVCS)—Power allocation method and associated Table A5.106.5.3.2 Tier 1.
Refer to Section 5.106.5.3.2 for the permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. Refer to Section
5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS). 1.
Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable cabinet box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.
2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.
3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.
4.The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE." The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."
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Packet Pg. 946 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 18 Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.
Table A5.106.5.3.1
TOTAL NUMBER OF
ACTUAL PARKING
SPACES
TIER 1 NUMBER OF
REQUIRED EV
CAPABLE SPACES
TIER 1 NUMBER OF EVCS
(EV CAPABLE SPACES
PROVIDED WITH EVSE)2
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 5
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of total actual
parking spaces1
33 percent of EV capable
spaces 1
1. Calculation for spaces shall be rounded up to the nearest whole number.
2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.
3. At least one Level 2 EVSE shall be provided.
A5.106.5.3.2 Electric vehicle charging stations (EVCS) – Power Allocation method. EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table A5.106.5.3.1. The EVCS required by Table A5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging
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Packet Pg. 947 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 19 (DCFC), except that at least one Level 2 EVSE shall be provided. One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger. The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.
The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2, and associated Table A5.106.5.3.1 Tier 1. Use Table A5.106.5.3.2 Tier 1 to determine the total power in kVA required based on the total number of actual parking spaces.
Power allocation method shall include the following:
1.Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.
2.At least one Level 2 EVSE shall be provided.
TABLE A5.106.5.3.2 Tier 1
TOTAL NUMBER
OFACTUAL
PARKINGSPACES
MINIMUMTOTAL
kVA@ 6.6 kVA
TOTAL kVA REQUIREDIN ANY
COMBINATION OF EVCAPABLE3,4,
LOW POWER LEVEL 2LEVEL 21, 2, OR
DCFC
0–9 13.2 13.2
10–25 33 33
26–50 72.6 72.6
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Packet Pg. 948 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 20 51–75 125.4 125.4
76–100 171.6 171.6
101–150 250.8 250.8
151–200 349.8 349.8
201 and over 30 percent of actual
parking spaces × 6.6
Total required kVA = P × .30 × 6.6 Where
P = Parking spaces in facility
1. Level 2 EVSE @ 6.6 kVA minimum.
2. At least one Level 2 EVSE shall be provided.
3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.
4. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.
5.106.5.3.3 Use of automatic load management systems (ALMS). ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.
5.106.5.3.4 Accessible electric vehicle charging station (EVCS). When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.
Note: 5.106.5.3.5 Electric vehicle charging station signage. For EVCS signs, refer to Electric vehicle charging stations shall be identified by signage or pavement markings in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
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Packet Pg. 949 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 21 5.106.5.3.5.1 Additional EV Ready Requirement for office facilities. In addition to the requirements of Table A5.106.5.3.1,for office parking facilities, an additional 20% (rounded to the nearest whole number) of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.
5.106.5.4 Additions or alterations to existing buildings or parking facilities [A]. [BSC-CG] Existing buildings or parking facilities being modified by one of the following shall comply with Section 5.106.5.4.1 or 5.106.5.4.2. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.
1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.
2. When a new photovoltaic system is installed covering existing parking spaces.
3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.
Exceptions:
1.On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating
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Packet Pg. 950 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 22 that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.
2. Remote parking facilities that do not have access to the building service panel.
3. Parking area lighting upgrades where no trenching is part of the scope of work.
4.Emergency repairs, including but not limited to water line break in parking facilities, natural disaster repairs, etc.
5.106.5.4.1 Existing buildings or parking areas without previously installed EV capable infrastructure [A].
When EV capable infrastructure does not exist at an existing parking facility or building, and the parking facility or building undergoes an addition or alteration listed in Section
5.106.5.4, construction shall include electric vehicle charging in compliance with either Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 and associated Table 5.106.5.3.6 for the total number of actual parking spaces being added or altered.
5.106.5.4.2 Existing buildings or parking areas with previously installed EV capable infrastructure [A].
When EV capable infrastructure is available at an existing parking facility or building, and the parking facility or building is undergoing an addition or alteration listed in Section
5.106.5.4, construction shall include electric vehicle charging in compliance with either
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Packet Pg. 951 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 23 Section 5.106.5.3 and associated Table 5.106.5.3.1, or Section 5.106.5.3.6 and associated Table 5.106.5.3.6 utilizing the existing EV capable allocated power and infrastructure for the total number of actual parking spaces being added or altered. If the area being added or altered exceeds the existing EV capable capacity, allocated power and infrastructure, provide additional EV charging as needed to comply with this section.
5.106.5.4.5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSGCG] Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section
5.106.5.4.5.1 for future installation of medium- and heavy-duty EVSE.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.
When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:
5.106.5.4.5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores with planned off-street loading spaces. In order to avoid future demolition when adding EV supply and distribution equipment, spare
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Packet Pg. 952 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 24 raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:
1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.4.1.5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.
2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5.4.5.1.
3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located, and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.
4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5.4.5.1.
TABLE 5.106.5.4.5.1
RACEWAY CONDUIT AND PANEL POWER REQUIREMENTS FOR MEDIUMAND HEAVY-DUTY EVSE [N]
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Packet Pg. 953 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 25 Building type
Building
Size
(sq. ft.)
Number of Offstreet loading
spaces
Additional capacity Required
(kVa) for Raceway & Busway
and Transformer & Panel
Grocery 10,000 to
90,000
1 or 2 200
3 or Greater 400
Greater than
90,000
1 or Greater 400
Manufacturing
Facilities
10,000 to
50,000
1 or 2 200
10,000 to
50,000
3 or Greater 400
Greater than
50,000
1 or Greater 400
Office
Buildings
10,000 to
135,000
1 or 2 200
10,000 to
135,000
3 or Greater 400
Greater than
135,000
1 or Greater 400
Retail 10,000 to
135,000
1 or 2 200
3 or Greater 400
Greater than
135,000
1 or Greater 400
Warehouse 20,000 to
256,000
1 or 2 200
3 or Greater 400
Greater than
256,000
1 or Greater 400
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Packet Pg. 954 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 26 5.106.5.6 Electric vehicle (EV) charging at public schools and community colleges. [DSA-SS] Electric vehicle infrastructure and electric vehicle charging stations shall comply with Section 5.106.5.6 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.
Exceptions:
1.On a case-by-case basis where compliance with this section has been demonstrated to be not feasible based upon one of the following conditions, and with concurrence by the Division of the State Architect (DSA), compliance with Section
5.106.5.6 shall not be required.
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. The installation of EVCS is impracticable.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with Section 5.106.5.6.
5.106.5.6.1 EV capable spaces.
EV capable spaces shall be provided in accordance with Table A5.106.5.6.1 and the following requirements:
1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.
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Packet Pg. 955 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 27 2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.
3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.
4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as “EV CAPABLE.” The raceway termination location shall be permanently and visibly marked as “EV CAPABLE.”
5.106.5.6.2 Electric vehicle charging stations (EVCS).
EV capable spaces shall be provided with EVSE to create EVCS in the number indicated in Table 5.106.5.6.1 and shall comply with Section 5.106.5.6.2. EVCS shall be serviced by Level 2 or Direct Current Fast Charging (DCFC) EVSE, or with EVSE in any combination of Level 2 and DCFC. Accessible EVCS shall be provided in accordance with California Building Code Chapter 11B.
5.106.5.6.2.1 Reduced number of EV capable spaces.
The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces indicated in Table 5.106.5.6.1 by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.
5.106.5.6.2.2 Multiple connectors.
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Packet Pg. 956 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 28 EVSE with multiple vehicle connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section
5.106.5.6.1 for each EV capable space is accumulatively supplied to the EVSE.
5.106.5.6.2.3 Use of automatic load management systems (ALMS).
ALMS shall be permitted for EVCS installed in accordance with Section
5.106.5.6.2. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.6.1 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.
5.106.5.6.3 EVCS alternative compliance.
In lieu of compliance with Section 5.106.5.6.2, EVCS shall be provided with Level 1, low power Level 2, or Level 2, or any combination of Level 1, low power Level 2 or Level 2 EVSE such that the total power supplied by the combination of EVSE meets the minimum power indicated in Table 5.106.5.6.3, based on the total number of actual parking spaces in each parking facility.
TABLE 5.106.5.6.3
NUMBER OF PARKING
SPACESIN A PARKING
FACILITY
MINIMUM TOTAL POWER
(KVA)REQUIRED FOR EVCS
0–9 0
10–25 7
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Packet Pg. 957 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 29 26–50 14
51–75 20
76–100 27
101–150 40
151–200 60
201 and over
Total required KVA = P × .05 ×
6.6Where P = Parking spaces
in facility
5.106.5.6.4 EVCS for alterations of or additions to parking facilities.
Alterations of or additions to parking facilities shall provide EVCS in compliance with Section 5.106.5.6.4. The installation of infrastructure for EV capable spaces required to be provided without EVSE shall not be required.
5.106.5.6.4.1 Alterations of and additions to parking facilities.
EVCS shall be provided in accordance with the number indicated in Table
5.106.5.6.1 or minimum power indicated in Table 5.106.5.6.3 when the scope of work includes an increase in power supply to an electric panel serving light fixtures illuminating the parking area or when area containing parking spaces is added to a parking facility. The number of required EVCS shall be based on the total number of existing and new parking spaces in the parking facility.
5.106.5.6.4.2 Alterations consisting of the installation of photovoltaic systems.
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Packet Pg. 958 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 30 EVCS shall be provided in accordance with the number indicated in Table
5.106.5.6.1 or maximum power indicated in Table 5.106.5.6.3 when a new photovoltaic system is installed in an existing parking facility.
5.106.5.6.5 Requirement to install EVSE.
Level 2 EVSE shall be provided in all existing EV capable spaces to create EVCS when a project is required by California Administrative Code Section 4-309 to be submitted for plan approval to the Division of the State Architect. When EVSE is installed in existing EV capable spaces, accessible EVCS shall be provided in accordance with California Building Code Chapter 11B.
Exception: Projects in which improvements in parking areas consist only of accessibility improvements are not required to comply with Section 5.106.5.6.5.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of 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.
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Packet Pg. 959 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 31 SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of the Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Following its adoption, this Ordinance shall be submitted to the California Building Standards Commission for filing. This Ordinance shall become effective 30 days after submission to the California Building Standards Commission. Building permit applications submitted on or after the effective date of this Ordinance shall be required to comply with the requirements set forth herein.
APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney
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Packet Pg. 960 Attachment: 2024 Intervening EV Charger Ordinance [Revision 1] (6319 : EV Charger Reach Code Updates (15 min)) 1 David Yakobson
From: [email protected]
Sent: Tuesday, June 11, 2024 11:13 AM
To: councilmtgitems; [email protected]; Ariana Vito; Kevin McKeown Fwd; [email protected]
Subject: Friendly Amendment to 6/11/2024 Agenda Item on electric vehicle charging stations.
EXTERNAL
Why use an electric vehicle if it is charged by a grid that runs on fossil fuel? Approximately half of the Santa Monica grid uses non-renewable fuel sources to generate 73.16% of their total electricity, as cited below.
The plan under consideration by the City Council on June 11, 2024, doesn't state whether it applies to anyone using less than 100% renewable energy. As Ariana Vito wrote in a May 7, 2024, email, only "96% of Santa Monica customers are enrolled in the 100% Green Power rate."
If that plan applies to any of the remaining 3,992 fossil fuel burning businesses or residents in Santa Monica, then it should include a safeguard for electric vehicle operators who need to maintain climate neutrality.
At least, the City should require the contractor to post a warning if the electric vehicle charging station is powered by less than 100% renewable energy. How else can the electric vehicle operator make an informed parking decision based upon how green the energy is?
Therefore, every newly-installed electric vehicle charging station should run on 100% renewable energy.
As I stated in my email to Ariana Vito and the City Council on May 7, 2024, The Sustainable City Plan declares that the City's decision-making process is guided by the mandate to maximize environmental benefits and reduce or eliminate negative environmental impacts." https://www.santamonica.gov/sustainable-city-plan Tailpipe emissions from vehicles are the largest source of global warming-causing pollutants in Santa Monica. https://www.santamonica.gov/blog/u-n-releases-new-report-santa-monica-s-2019-2020-ghg-emissions-arecalculated The grid in Santa Monica is only 33 to 64%
green. https://urldefense.com/v3/__https://findenergy.com__;!!OfuUnHCITYtmmjM!vrJmV6w9D0pbN0I5vNjW1- miLnZk8lWrkf_U87zorOF3U9c3ONMLmELDaRSxKHrMqoTr4vsv1iAB20qtyMz_n2HH4-lghtmikVo$ On May 9, 2024, I clarified to Ariana Vito, the City, and Public Works the composition of the energy powering Santa Monica, California:
• Southern California Edison: 49.80%
• Clean Power Alliance: 50.20%
https://urldefense.com/v3/__https://findenergy.com/ca/los-angeles-countyelectricity__;!!OfuUnHCITYtmmjM!vrJmV6w9D0pbN0I5vNjW1- miLnZk8lWrkf_U87zorOF3U9c3ONMLmELDaRSxKHrMqoTr4vsv1iAB20qtyMz_n2HH4-lgv0rvtjk$ With Southern California Edison, “Electricity production facilities associated with the supplier use non-renewable fuel sources to generate 73.16% of their total electricity generation,” https://urldefense.com/v3/__https://findenergy.com/providers/southern-californiaedison__;!!OfuUnHCITYtmmjM!vrJmV6w9D0pbN0I5vNjW1- miLnZk8lWrkf_U87zorOF3U9c3ONMLmELDaRSxKHrMqoTr4vsv1iAB20qtyMz_n2HH4-lgOn1jZkk$ The Clean Power Alliance supplies 40% to 100% renewable energy. https://urldefense.com/v3/__https://cleanpoweralliance.org/residentialrate__;!!OfuUnHCITYtmmjM!vrJmV6w9D0pbN0I5vNjW1- miLnZk8lWrkf_U87zorOF3U9c3ONMLmELDaRSxKHrMqoTr4vsv1iAB20qtyMz_n2HH4-lgdpvJn4s$ Probably 96% of Santa Monica customers use up to 50.20% of the electrical power used in Santa Monica. Probably the other 4% of Santa Monica customers use the remaining 49.80% of the electrical power of which 73.16% is generated from non-renewable fuel sources. I have seen no evidence to the contrary.
Payment for this work is deferred until further notice by Elisabeth Green, M.S.
Item 10-C
June 11, 2024
Item 10-C
June 11, 2024
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Packet Pg. 961 Attachment: Written Comments (6319 : EV Charger Reach Code Updates (15 min)) 2024 EV Charger Reach Code Update
Ariana Vito, Senior Sustainability Analyst
Office of Sustainability & the Environment
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Packet Pg. 962 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) • Background • CALGreen Overview • Terminology • 2024 Key Updates • Staff Recommendation Agenda
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Packet Pg. 963 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Background
• State Goal: 5M zero emission vehicles on the road
by 2030
• 2035 - All new cars and passenger trucks sold in California must be ZEVs • Santa Monica Context
• Transportation = 68% of Santa Monica’s GHGs (2022)
• Climate Action & Adaptation Plan targets
• EV Action Plan
• Key priorities: support EV adoption for multifamily residents through local codes and polices
• Previously adopted local reach codes in 2020 and
2022
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Packet Pg. 964 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) California Green Building Standards
Code (CALGreen Title 24, Part 11) Updated every 3 years Current cycle: Jan. 1, 2023 – Dec. 31, 2025 (2022 Code)
Mid-cycle updates – 2024 Intervening
Code Cycle effective July 1, 2024
Reach codes go beyond the state code;
meet and exceed mandatory requirements Option to adopt voluntary requirements known as Tier 1 or Tier 2 or adopt our own
version
Recommending Tier 1 Option A for residential
and Tier 1 for non-residential
CALGreen Building Code Cycles
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Packet Pg. 965 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min))
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Packet Pg. 966 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) 2022 Mandatory vs. SM Reach Code – Multifamily
2022 CALGreen
Mandatory 2022 SM Reach Code
Multi-Family
5% EVSE* (20+ units)
10% Level 2 EV Capable
25% EV Ready (LowPower L2)
5% EVSE Installed
10% Level 2 EV Capable
60% EV Ready (Low-Power
L2)
10%
25%
5%
10%
60%
5%
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Packet Pg. 967 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) 2022 Mandatory vs. SM Reach Code – Nonresidential
2022 CALGreen
Mandatory
2022 SM Reach Code
CALGreen Tier 1
NonResidential
∼5% Level 2 EVSE
~22% Level 2 EV Capable
~11% Level 2 EVSE
~18% EV Capable
*Add 20% EV Ready for Office
22%
5%
22%
5%
18%
*20%
11%
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Packet Pg. 968 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Increased Percentage Requirements
Multifamily and Hotel/Motel: EV ready 25% 40%
Technical Requirement Changes
“Direct Billing” in Multifamily projects requires EV
charging circuits to be tied directly to each dwelling
unit’s meter
“Power Allocation Method” in non-residential
projects adds flexibility for different levels of
charging stations installed
New requirements for medium/heavy duty
charging capacity in Manufacturing and Office
buildings
Existing parking facilities: Nonresidential Alterations 2024 Intervening Code Cycle – Key Updates
(Mandatory)
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Packet Pg. 969 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Adopt CALGreen Tier 1
Single-family: no change from 2022 state code (1 EV capable space required)
Multifamily and Hotels (Tier 1 Option A)
1 EV Ready space per unit up to 50% of parking spaces 15% of spaces have EV chargers installed
Non-residential: no change from 2022 SM Reach Code
Tier 1 + 20% additional requirement for office parking facilities Summary
55% Low
Power L2
20% L2
EV EVSE
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Packet Pg. 970 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) 2022 SM Reach
Code
2024 Mandatory 2024 Tier 1
(Recommended)
EV Charger
Installed
Residential 5% 10% 15%
Nonresidential~11% ~5% ~11%
EV Ready
Residential 60% 40% 50%
Nonresidential20% for office
facilities
(0% other)
0% 20% for office
facilities
(0% other)
EV Capable
Residential 10% 0% 0%
Nonresidential~18% ~15% ~18%
Code Comparison
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Packet Pg. 971 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Staff recommends that the City Council:
Adopt a finding of Categorical Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
Introduce for first reading the attached Ordinance that adopts local amendments under SMMC Chapter 8.102 to the 2022
California Green Buildings Standards Code to support increased access to electric vehicle charging;
Adopt the attached Resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code; and
Direct the City Manager to file the adopted Resolution and Ordinance amending the California Green Building Standards Code with the California Building Standards Commission.
Recommended Action
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Packet Pg. 972 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Questions
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Packet Pg. 973 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) • Can use any kVA combination of EV Capable, Low Power L2, L2,m or DCFC
Non-rez Power Allocation Method 10.C.i
Packet Pg. 974 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Non-Rez: Mandatory vs. Tier 1
2022 Tier 1 (Adopted)
*Note: The number of EV chargers in Column 3 count toward the required number of EV capable spaces. *Additional requirement for 20% of office parking to be EV Ready 2022 Mandatory
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Packet Pg. 975 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Technical Requirements (Residential)
A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.2.1.1,
4.106.4.2.2.1.2, and 4.106.4.2.5
4.106.4.2 – New MUDs, hotels and motels and new residential parking facilities
4.106.4.2.2.1.1 – EVCS spaces with EV chargers installed; dimensions and location 4.106.4.2.2.1.2 – Accessible EV charging spaces (EVCS) 4.106.4.2.5 – EV Ready signage must comply with Caltrans Traffic Operations Policy Directive 13-01
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Packet Pg. 976 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Parking Requirements 10.C.i
Packet Pg. 977 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) Council Meeting: June 11th
File with California Building Standards Commission
Outreach
Effective July-August
Next Steps
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Packet Pg. 978 Attachment: PowerPoint Presentation (6319 : EV Charger Reach Code Updates (15 min)) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 11.A
1 of 4
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Adoption of Resolutions related to the General Municipal Election to be held on November 5, 2024
Recommended Action
Staff recommends that City Council adopt:
1. A resolution calling for a General Municipal Election to be held on November 5, 2024; and
2. A resolution requesting that the Municipal Election be consolidated with the Los Angeles (LA) County Statewide General Election and request services from the LA County Registrar-Recorder for the General Municipal Election; and 3 A finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Executive Summary
Santa Monica’s next General Municipal Election will be held on November 5, 2024. In preparation for this election, staff asks Council to adopt two resolutions. The first resolution calls for the election to be held, and the second authorizes and requests that the election be consolidated with the LA County Statewide General Election and requests County election services.
Discussion
Section 1400 of the City Charter provides that General Municipal Elections for the filling of elective offices shall be held on the first Tuesday following the first Monday of November of each even numbered year. The City of Santa Monica has been consolidating municipal elections and obtaining services from the LA County Registrar11.A Packet Pg. 979
2 of 4
Recorder/County Clerk since the mid 1980’s. As a result, it is necessary to adopt resolutions calling the election and requesting consolidation with the Statewide General election and election services from the LA County Registrar-Recorder/County Clerk.
The first resolution (Attachment A) calls for the General Election and gives notice that four City Council seats, one Rent Control Board seat for a full term and one Rent Control Board seat for a partial term, three Santa Monica-Malibu School District Board of Education seats, and three Santa Monica Community College District Board of Trustees seats are to be filled at the November 5, 2024, General Municipal Election.
For the Rent Control Board seat with the partial term, the seat was vacated by the election of Rent Control Board Member Caroline Torosis to the City Council. As provided for in Section 1803(m) of the Rent Control Law (Article XVIII, Santa Monica City Charter), the Board appointed Member Lonnie Guinn to the vacancy with a term ending on November 5, 2024. As the appointee, Member Guinn was to hold the office until the next regular election and until a successor is elected.
If City staff have any items to present for the ballot, they will return with them at a later meeting. Staff is currently evaluating the feasibility of placing two tax measures on the ballot, the Business License Tax and the Parking Facility Tax, and will seek Council direction and approval at its June 25, 2024, meeting.
At the time this report was written, no initiatives have qualified to be placed on the ballot. All initiatives and City-sponsored ballot measures must be submitted to the County by August 9, 2024.
The second resolution (Attachment B) requests that the LA County Board of Supervisors approve the consolidation of the City’s General Municipal Election with the statewide General Election to be held on the same date, and that the statewide General Election and General Municipal Election be held in all respects as if there were one election. The resolution also requests that the LA County Board of Supervisors direct the LA County Registrar-Recorder/County Clerk to provide all necessary election services, to the extent determined necessary by the Santa Monica City Clerk/Elections
11.A
Packet Pg. 980
3 of 4
Official, to prepare, print, translate, and mail sample ballots and polling place information to the registered voters of the City.
City Clerk staff will host a Candidate Workshop in Council Chambers on the first day of the Nomination Period on July 15, 2024. The notice of the election will be published in the local newspapers and mailed to neighborhood groups. All election information will be available on www.santamonica.gov, and the election will be promoted in SaMoNews, the City’s social media sites and the local newspapers. The office will host a Fair Political Practices Commission (FPPC) workshop for Candidates/Treasurers on August 29, 2024, in Council Chambers. Staff will continue with voter registration efforts, including a voter outreach event on September 14 (location TBD) leading up to National Voter Registration Day, and prior to the October 21, 2024, voter registration deadline.
As with the Presidential Primary Election, the City’s five Vote-By-Mail Drop Boxes located at the Main Library, Montana Library, Virginia Avenue Park, Marine Park, and Ocean View Park will also be available for the election.
Environmental Review
The proposed election resolutions are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The resolutions are formal requests for election services from the LA County Registrar-Recorder/County Clerk and would not result in physical effects, and therefore, is exempt from CEQA.
Financial Impacts and Budget Actions
Funding for election costs is included in the FY 2024-25 Proposed Budget, pending Council budget adoption at the June 25, 2024, meeting. Also included in the proposed budget is the reimbursement revenue for election costs related to non-City agencies such as the Santa Monica-Malibu Unified School District and Santa Monica Community College.
11.A
Packet Pg. 981
4 of 4
Prepared By: Maria Dacanay, Acting Assistant City Clerk Approved Forwarded to Council
Attachments:
A. Proposed Resolution Calling the November 5, 20224 General Election B. Proposed Resolution Requesting LA County Services for the November 5, 2024 General Election
11.A
Packet Pg. 982
1 City Council Meeting: June 11, 2024 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE CALIFORNIA
ELECTIONS CODE AND PROVISIONS OF THE SANTA MONICA CITY
CHARTER
WHEREAS, City Charter Section 1400 provides that a General Municipal Election shall be held on the first Tuesday following the first Monday of November of each even numbered year for the purpose of electing officers;and WHEREAS, under the provisions of the City Charter, four members of the Council shall be elected to a full term of four-years; and WHEREAS, under the provisions of the City Charter, one member of the Rent Control Board shall be elected for a full term of four years, and one member of the Rent Control Board shall be elected for a partial term of two years; and WHEREAS, under the provisions of the City Charter and Section 5220 of the Education Code, three members of the Santa Monica-Malibu Unified School District Board of Education shall be elected for a full term of four years; WHEREAS, under the provisions of Section 72034 of the Education Code and resolutions adopted by the Board of Trustees of the Santa Monica Community College District, three members of the Santa Monica Community College District Board of
11.A.a
Packet Pg. 983 Attachment: Proposed Resolution Calling the November 5, 20224 General Election [Revision 2] (6289 : November 5, 2024 General Election) 2 Trustees shall be elected for a full term of four years; and WHEREAS, the Education Code and the Elections Code authorize the consolidation of the election of members of the Santa Monica Community College District Board of Trustees and the Santa Monica-Malibu Unified School District Board of Education with the General Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. A General Municipal Election shall be held in the City of Santa Monica on Tuesday, November 5, 2024, which is the election required for the purposes of electing four members of the City of Santa Monica City Council for four-year terms expiring in 2028; one member of the City of Santa Monica Rent Control Board for a four-year term expiring in 2028; one member of the City of Santa Monica Rent Control Board for a two-year term expiring in 2026; three members of the Santa MonicaMalibu Unified School District Board of Education for four-year terms expiring in 2028; and, three members of the Santa Monica Community College District Board of Trustees for four-year terms expiring in 2028, and the placing before the voters of qualified initiatives and referendums.
SECTION 2. The ballots to be used at the General Municipal Election shall be both as to form and matter contained therein such as may be required by law.
SECTION 3. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and
11.A.a
Packet Pg. 984 Attachment: Proposed Resolution Calling the November 5, 20224 General Election [Revision 2] (6289 : November 5, 2024 General Election) 3 paraphernalia that may be necessary in order to properly and lawfully conduct the General Municipal Election.
SECTION 4. The vote centers for the General Municipal Election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously until 8:00 p.m. of the same day when the vote centers shall be closed, pursuant to Election Code 10242, except as provided in Sections 14212, 14401 of the Elections Code.
SECTION 5. The notice of the time and place of holding of the General Municipal Election is hereby given; and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election in the time, form, and manner required by law.
SECTION 6. Pursuant to Elections Code Section 12109, the City Clerk is authorized, instructed, and directed to give notice of the central counting place in the time, form, and manner required by law.
SECTION 7. An election for members of the Santa Monica-Malibu Unified School District Board of Education and the Santa Monica College District Board of Trustees shall be consolidated with the General Municipal Election. Separate ballots shall be provided for those voters who reside outside the City of Santa Monica pursuant to Elections Code Section 10409.
SECTION 8. The City Clerk is directed to send a copy of this Resolution to the Board of Supervisors and to the Registrar of Voters/County Clerk of the County of Los Angeles.
SECTION 9. In the event the General Municipal Election is consolidated with the
11.A.a
Packet Pg. 985 Attachment: Proposed Resolution Calling the November 5, 20224 General Election [Revision 2] (6289 : November 5, 2024 General Election) 4 Statewide General Election on the same date, the provisions of this Resolution which are applicable only in the event the election is conducted by the City shall be of no force or effect.
SECTION 10. 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:
DOUGLAS SLOAN
City Attorney
11.A.a
Packet Pg. 986 Attachment: Proposed Resolution Calling the November 5, 20224 General Election [Revision 2] (6289 : November 5, 2024 General Election) 1 City Council Meeting: June 11, 2024 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 5, 2024, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403, AND TO RENDER SPECIFIED SERVICES TO
THE CITY RELATING TO THE GENERAL MUNICIPAL ELECTION
WHEREAS, the City Council of the City of Santa Monica has called a General Municipal Election in the City of Santa Monica to be held on November 5, 2024, for the purpose of electing officers of the City Council of Santa Monica, the Santa Monica Rent Control Board, the Santa Monica Community College District Board, and the Santa Monica- Malibu Unified School District Board of Education; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date; that within the City of Santa Monica and the School and Community College Districts, the precincts, polling places and election officers of the two elections be the same; that the Registrar of Voters of the County of Los Angeles canvass the returns of the General Municipal Election; and that the Statewide General Election and General Municipal Election be held in all respects as if there were only one election; and
11.A.b
Packet Pg. 987 Attachment: Proposed Resolution Requesting LA County Services for the November 5, 2024 General Election [Revision 1] (6289 : November 5, 2 WHEREAS, in the course of conduct of the General Municipal Election and in relation thereto, it will be necessary to mail sample ballots and polling place information to the registered voters of the City of Santa Monica; and WHEREAS, the City of Santa Monica desires the Registrar of Voters to furnish such other election assistance as may be authorized by state law; and WHEREAS, all necessary expense in performing these services shall be paid by the City of Santa Monica.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE, DECLARE AND ORDER AS FOLLOWS:
SECTION 1. Pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 5, 2024, for the purpose of electing officers of the City of Santa Monica, the Santa Monica Rent Control Board, the Santa Monica Community College District Board, and the Santa Monica-Malibu Unified School District Board of Education. The consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418. The offices to be voted upon at the General Municipal Election are as follows: Member of the City Council – 4; Member of the Rent Control Board for a full term– 1; Member of the Rent Control Board for a partial term– 1; Member of the Board of Trustees for the Santa Monica Community College District – 3; Member of the Board of Education for the Santa Monica-Malibu Unified School District –
3. The names of candidates appearing on the ballot shall be filed with the Registrar of Voters of the County of Los Angeles no later than 81 days prior to the General Municipal
11.A.b
Packet Pg. 988 Attachment: Proposed Resolution Requesting LA County Services for the November 5, 2024 General Election [Revision 1] (6289 : November 5, 3 Election.
SECTION 2. The Registrar of Voters is authorized to canvass the returns of the General Municipal Election which it is hereby requested to consolidate with the Statewide General Election and said election shall be held in all respects as if there were only one Election, and only one form of ballot shall be used.
SECTION 3. The Board of Supervisors of the County of Los Angeles is hereby requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. The City of Santa Monica recognizes that additional costs will be incurred by the County of Los Angeles by reason of this consolidation and agrees to reimburse the County of Los Angeles for any such costs.
SECTION 5. Pursuant to Elections Code Section 10002, the City Council requests the Board of Supervisors of the County of Los Angeles to permit the Registrar of Voters to provide the following services to the City to the extent determined necessary by the City Clerk: (1) prepare and furnish to the City of Santa Monica for use in conducting its General Municipal Election the computer record of the names and addresses of eligible registered voters in the City of Santa Monica in order that the City of Santa Monica may print labels to be attached to self-mailer sample ballot pamphlets; (2) furnish to the City of Santa Monica printed indices of the voters to be used by the precinct board at the polling places; (3) make available to the City of Santa Monica additional election equipment and assistance according to state law; and (4) provide such other services as may be deemed necessary to reduce the expense and administrative burden of the election.
11.A.b
Packet Pg. 989 Attachment: Proposed Resolution Requesting LA County Services for the November 5, 2024 General Election [Revision 1] (6289 : November 5, 4 SECTION 6. The City of Santa Monica shall reimburse the County of Los Angeles for services performed when the work is completed and upon presentation to the City of a properly approved bill.
SECTION 7. The City Clerk is directed to transmit and file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and with the Registrar of Voters.
SECTION 8. 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:
DOUGLAS SLOAN
City Attorney
11.A.b
Packet Pg. 990 Attachment: Proposed Resolution Requesting LA County Services for the November 5, 2024 General Election [Revision 1] (6289 : November 5, City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Appointment to two unscheduled vacancies on the Housing Authority Board for both terms ending on June 30, 2026.
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Applicant List
B. Written Comments
16.A
Packet Pg. 991
City of Santa Monica
Boards and Commissions Applicants
Housing Authority Board
Name Application Date
TOTAL APPLICANTS: 0
16.A.a
Packet Pg. 992 Attachment: Applicant List (6464 : Appointment to HAB (2 mins.) 16.A.) 1 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, June 10, 2024 9:38 PM
To: [email protected]; [email protected]; councilmtgitems; David White
Subject: Item 16 A ...HAB Appointments
EXTERNAL
Please appoint Ms. Hajar Muqtasid St.Claire to the Housing Authority Board seat that is now open.
Ms. St.Claire is smart, dedicated and an active member of the community. She knows how to gather and sift data and apply it. She is very fair too and a fine person with a wonderful sense of humor. God knows we all need that these days.
She will be a good addition for this board
and we will all be lucky to have her.
She is a class act.
Thank you,
Danielle Charney
Item 16.A
June 11, 2024
Item 16.A
June 11, 2024
16.A.c
Packet Pg. 993 Attachment: Written Comments (6464 : Appointment to HAB (2 mins.) 16.A.) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request of Councilmember Davis that the City Council approve City sponsorship of Main Street Business Improvement Association’s two Open Street events -- the Summer Soulstice on July 13, 2024 and Day of the Dog on September 7, 2024. City Fees related to the two Open Street events include, but are not limited to, the application, administrative, neighbor notification, temporary traffic control, temporary no parking, public safety and zero waste plan fees associated in an amount up to $16,000.00 of waived fees for both events.
Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
16.B
Packet Pg. 994
1 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, June 10, 2024 10:07 PM
To: councilmtgitems
Subject: Fwd: Item 16 B OPPOSE - Cypress Pay for It
EXTERNAL
---------- Forwarded message ---------
From: Dan Charn. <[email protected]>
Date: Mon, Jun 10, 2024 at 8:49 PM
Subject: Item 16 B OPPOSE - Cypress Pay for It
To: <[email protected]>, <[email protected]>, David White <[email protected]>
B. Request of Councilmember Davis that the City Council approve City sponsorship of Main Street Business Improvement Association’s two Open Street events -- the Summer Soulstice on July 13, 2024 and Day of the Dog on September 7, 2024. City Fees related to the two Open Street events include, but are not limited to, the application, administrative, neighbor notification, temporary traffic control, temporary no parking, public safety and zero waste plan fees associated in an amount up to $16,000.00 of waived fees for both events.
We need the money - let Cypress Equity Investments
pay for it - surely Davis can ask her friend Sorochinsky or Bruce Fairty to get out their checkbooks for her
and their best friend Judy Abdo..
Danielle Charney
Item 16.B
June 11, 2024
Item 16.B
June 11, 2024
16.B.a
Packet Pg. 995 Attachment: Written Comments (6469 : Open Streets) City Council
Report
City Council Meeting: June 11, 2024
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, Interim City Clerk, Records and Election Services Department
Subject: Request of Councilmembers Davis, Torosis, and Zwick that the City Council:
1. Direct the City Attorney to return with a proposal to ensure the City’s ethics rules apply to Councilmembers; 2. Direct the City Attorney to return with a proposal to initiate an investigation into recent leaks of confidential information disclosed in Closed Session; and 3. Direct the City Attorney to return with one or more proposals to impose penalties on Councilmembers and staff who inappropriately leak confidential information out of Closed Session.
Prepared By: Nikima Newsome, Interim City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
16.C
Packet Pg. 996
1 David Yakobson
From: Dan Charn. <[email protected]>
Sent: Monday, June 10, 2024 10:09 PM
To: councilmtgitems
Subject: Fwd: Item 16 C. OPPOSE
Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
---------- Forwarded message ---------
From: Dan Charn. <[email protected]>
Date: Mon, Jun 10, 2024 at 8:52 PM
Subject: Item 16 C. OPPOSE
To: <[email protected]>, David White <[email protected]>, <[email protected]>
Find another way to. waste tax moneywe are fed up with your constant efforts on our city funds to shut down the Council members who aren't aligned with ..
To help
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documentStaff Report PrintoutC. Request of Councilmembers Davis, Torosis, and Zwick that the City Council:
1. Direct the City Attorney to return with a proposal to ensure the City’s ethics rules apply to Councilmembers; 2. Direct the City Attorney to return with a proposal to initiate an investigation into recent leaks of confidential information disclosed in Closed Session; and 3. Direct the City Attorney to return with one or more proposals to impose penalties on Councilmembers and staff who inappropriately leak confidential information out of Closed Session.
Fed up with it already
Danielle Charney
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 997 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 1 David Yakobson
From: Kevin McKeown <[email protected]>
Sent: Friday, June 7, 2024 4:27 PM
To: councilmtgitems
Subject: Item 16-C (June 11, 2024)
Attachments: Cover letter.pdf; Attachment A.pdf; Attachment B.pdf; Attachment C.pdf; Attachment E.pdf; Attachment F.pdf; Attachment G.pdf; Attachment I.pdf; Attachment J.pdf
EXTERNAL
Please add this letter and attachments to the Council packet as public comment on item 16-C.
Thanks,
Kevin
(Note that Attachments D and H are videos and will be sent with a subsequent email because of their size) ————————————
K e v I n M c K e o w n
https://urldefense.com/v3/__http://www.mckeown.net__;!!OfuUnHCITYtmmjM!vq3NybfkausNTRjbDThtVbNjwGu QU1-XvH1Wa65Bz2ruIxpYlXSt_ftGcTnePNew5woAnDSMqu1t8lrH9WuZF5EM7Uk$ Choose to be conscious
————————————
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 998 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) April 12, 2022
To Whom It May Concern:
I write as the most recent former Mayor of the City of Santa Monica, now retired after more than 22 years on the City Council, to share information, including public comments by current members of the City Council, that suggests multiple and ongoing violations of California Government Code section 54963, regarding Brown Act confidentiality.
As indicated in the materials I have enclosed, these apparent violations continue to have deleterious impact on the City and its constituents. Timely examination is indicated. My understanding is that the Public Integrity Division of the Los Angeles County District Attorney’s Office is the appropriate body to evaluate the information I’m sharing to determine a 54963 violation, or other possible violations.
In an ideal world, this referral would have come from the City Council itself. The Santa Monica City Attorney’s Office appears inherently conflicted, as the Council is its client. The City Council had two hours of discussion on the matter, over two separate meetings, but after approving an investigation at the first meeting a vote was switched at the second meeting, and further action lost on a 4-to-3 vote.
I shall also include in this referral email correspondence I had with the Councilmember who switched her vote at the second meeting. Just this past weekend I was advised by the current Mayor that a revisiting of an investigation referral by the Council seems highly unlikely, and she suggested that contact with your office could be initiated by someone not currently on the Council, such as me.
Thus, I submit to you this written summary of what I think publicly available evidence will suggest have been ongoing violations — by parties still unknown — of Santa Monica City Council Brown Act closed session confidentiality.
While I have some personal knowledge of the situation, having been on the Council when the leaks first became apparent in spring of 2021, that personal knowledge is itself confidential, and even in retirement I still feel bound by Brown Act requirements. I provide, therefore, information that has become public in our community but may not yet have risen to your attention at the Public Integrity Division of the Los Angeles County District Attorney’s Office.
The City of Santa Monica has been attempting to hire new leadership at the highest level. Both the processes to find a new City Manager and to hire a new City Attorney have been marred by leaks that shared closed session information inappropriately, and greatly compromised the City’s ability to fill those crucial posts.
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 999 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 2 One candidate for City Manager, after being offered the job, declined at least in part because of the leaks, as reported in the Santa Monica Daily Press:
Bobadilla said he was grateful for the opportunity in Santa Monica but expressed regret for this matter becoming public.
(Santa Monica Daily Press, 6/10/2021, full story enclosed as Attachment A) Mr. Bobadilla said himself, in a letter he sent to the Council dated June 10, 2021 (full letter enclosed as Attachment B),
I am, however, truly disappointed by the way this matter became public. Unfortunately, this significantly compromised the situation and impacted my ability to have robust, confidential communications without undue external influence.
Since that time, and since I retired, it has become publicly evident that leaks continue to trouble the ongoing search for a new City Attorney. While a new City Manager (not Mr.
Bobadilla) was eventually hired successfully, the City is now on its third interim City Attorney in less than a year.
On February 8, 2022, Councilmember Gleam Davis had the following item on the Council’s agenda:
Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation.
(Official agenda notice of this item enclosed as Attachment C) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1000 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 3 Introducing and explaining her request, Councilmember Davis said, We know for a fact that, in fact, that closed session did not remain closed with regard to the City Manager search, and in fact the name of Rene Bobadilla, who was one of the applicants, leaked — and in fact that was one of the reasons Mr. Bobadilla indicated he would not come to Santa Monica, because of the lack of integrity of the closed session and the problems with the process.
Before making the motion, Councilmember Davis added this, revealing that the closed session leaks had been ongoing and involved the hiring of a new City Attorney as well:
Now we know that sadly and unfortunately the names of candidates for the City Attorney position also have been leaked to the public, and that there have been discussions with people not engaged in the process, people outside of the Brown Act “cone of silence,” if you will, of various candidates for the position, and that these discussions, as I’ve mentioned, violate both the Brown Act and the confidentiality agreement that we each signed.
Current Santa Monica Mayor Sue Himmelrich seconded the motion, saying in part, When people don’t follow the rules, when we have people leaking information, when people outside our process know what is going on, when, when we develop what I think is now a reputation for not being trustworthy, it extends to our entire identity. I think it’s just so important that people perceive us as honorable and people who know how to do things right. I mean, I think that we look like – having it happen once was bad enough, but now having these leaks again is even worse, and I think that it’s our responsibility.
(The City video from which these statements were transcribed is enclosed as Attachment D)
After an hour’s discussion, the Council moved to support the request for an investigation into Brown Act confidentiality violations on a 4-to-3 vote.
(Official minutes enclosed as Attachment E)
Two weeks later, on February 22, 2022, City staff returned, as instructed by the February 8th vote, with the formal action to proceed with the investigation:
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1001 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 4 Approval of Proposal Regarding Independent Investigation of Possible Violations of the Brown Act and Confidentiality Agreements and Authorization of the Issuance of Subpoenas in the Name of the City under Section 614 of the City Charter in Conducting the Investigation (Official agenda notice and staff report for this item enclosed as Attachments F and G)
At that second meeting, again after about an hour’s discussion, one of the Councilmembers who initially had voted to authorize an investigation expressed unwillingness to go forward lest such an investigation perpetuate Council divisiveness, although at the same time she seemed to affirm that ongoing violations indeed had occurred. Councilmember Lana Negrete said, in part, I think there’s definitely probably things that have gone out and been around. I know I was called and “lobbied,” if you will, right, so that would mean that maybe people discussed what happened in that room, too, before we came out to vote, so yeah, I think things get out there. (The official City video from which this statement was transcribed is enclosed as Attachment H)
Indeed, the vote to approve the investigation failed to get Councilmember Negrete’s required fourth vote.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to adopt the staff recommendation, and include interviewing staff and applicants. The motion failed by the following vote:
AYES: Councilmember Davis, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmembers de la Torre, Brock, Negrete, Parra ABSENT: None
(The full official minutes for this item are enclosed as Attachment I) Several weeks later Councilmember Negrete was the guest on a Santa Monica Daily Press podcast where she seemed to suggest openness to changing her mind when presented with new information. I took the opportunity via email to suggest re-thinking the confidentiality investigation, and she responded in part that,
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1002 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 5 I also have other information and quite frankly felt that the CA's office was not doing all they should of done to address the allegations. The Integrity Review Board was not contacted; a process had not been followed and this would likely be the demise of any investigation. I also felt that there was information specific to 1-2 council members that I still don't understand why it was not enough to investigate those individuals.
In a second email to Councilmember Negrete, I reiterated that the responsibility lies with the Council, not the City Attorney. All three of these emails are enclosed, in reverse order, as Attachment J.
In conclusion, while it would continue to be my preference that a referral for investigation of possible California Government Code Section 54963 violation(s) would come from the City Council itself, I am following up on the current Mayor’s statement that a revisiting of this issue by the Council is unlikely, and that I have standing to submit all the enclosed information to you myself.
As the compromised attempts to hire a new Santa Monica City Attorney remain ongoing, I believe this matter is extremely timely and hope your office can review these materials promptly.
Kevin McKeown
Former Mayor
Santa Monica
[email protected]
(310) 393-3639
(Attachments A through J)
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1003 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies)
ATTACHMENTS INDEX
A – News story “Bobadilla rejects Santa Monica City Manager position,” Santa Monica Daily Press, June 10, 2021.
B – Letter from Rene Bobadilla to Santa Monica Mayor and City Council, June 10, 2021.
C – Agenda listing, item 13-D, Santa Monica City Council, February 8, 2022, from City website.
D – Video archive, item 13-D, Santa Monica City Council, February 8, 2022, from City website.
E– Meeting minutes, item13-D, Santa Monica City Council, February 8, 2022, City website.
F – Agenda listing, item 8-A, Santa Monica City Council, February 22, 2022, from City website.
G – Staff report, item 8-A, Santa Monica City Council, February 22, 2022, from City website.
H – Video archive, item 8-A, Santa Monica City Council, February 22, 2022, from City website.
I – Meeting minutes, item 8-A, Santa Monica City Council, February 22, 2022, from City website.
J – My email correspondence with Councilmember Negrete, March 19 through March 30, 2022.
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1004 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1005 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1006 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
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Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1008 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Request of Councilmember Davis that the City Council authorize the Cit…in the course of the investigation. - City of Santa Monica, California 4/10/22, 7)33 PM https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1306&MediaPosition=&ID=4976&CssClass= Page 1 of 1 Log in | Help | Register
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Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation.
Information
Department: Records & Elections Services
Department
Sponsors:
Category: 13. Councilmember Discussion
Items
Attachments
Printout
Meeting History
Feb 8, 2022 5:30 PM City
Council Regular and Special Joint Meeting
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City of Santa Monica
California
Staff Report
4976
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1009 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) 1 David Yakobson
From: Kevin McKeown <[email protected]>
Sent: Friday, June 7, 2024 4:36 PM
To: councilmtgitems
Subject: Item 16-C (June 11, 2024) (videos)
EXTERNAL
Attachments available until Jul 7, 2024
Here are the two videos that go with my public comment on item 16-C.
Kevin
Click to Download
<https://urldefense.com/v3/__https://www.icloud.com/attachment/?u=https*3A*2F*2Fcvws.icloudcontent.com*2FB*2FARiBvZazAL6Q--YNVVLsBQ-QbJtHAUhgywmaYPWXkHzOFcMffiRMs8u*2F*24*7Bf*7D*3Fo*3DAsiqAE2pHxAPV-9ny95vp9WSF7lB2hmmRNkIUcUXUaI*26v*3D1*26x*3D3*26a*3DCAogyHTcP7CoHViBRB6vKQy9dAQMi5Qy_P6Jl58_rg_g0JYS dhDnoL6o_zEY57C5_IgyIgEAKgkC6AMA_17rcNlSBJBsm0daBJEyzy5qJVevbfaGhdv8gi4tw73WOIaPcaIFjIQpEllL4c 5FHo1Hov0NwdRyJc_cM64___K0insM6EQcdKAv208asXgq3nRIQyPtrGV9v38uY4*26e*3D1720395389*26fl*3D*26r*3D149D06C9-901B-4E1C-A0AA-ACDA450FE5A1- 1*26k*3D*24*7Buk*7D*26ckc*3Dcom.apple.largeattachment*26ckz*3D22BD5E5A-9A4E-4FF4-B4C7- 060B934122B3*26p*3D113*26s*3DgcjcVWRWxGaElVRB636hOc6rhDU&uk=SL9haEmv3ksuyP4tKlokGw&f=Attachm ent*20D.mov&sz=309483049__;JSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJQ!!OfuUnHCITYtmmjM!o7ATfNm S3JpYGSwuL6msYWzdk2NPlz_8gig5THJIY8zQkVMjsFjf1BldRzy1SZoxOAfUrmpLqJRUz34HUmBFEed-Q4A$ >Attachment D.mov
309.5 MB
Click to Download
<https://urldefense.com/v3/__https://www.icloud.com/attachment/?u=https*3A*2F*2Fcvws.icloudcontent.com*2FB*2FAf6vDsZ0hsWYsvZhRC86CauTqXRWAeTNpTrT7hChtAcEyzae3GpAHgI*2F*24*7Bf*7D*3Fo*3DAlCqPFXYdS8mvnWX43HIGgRJyr5Dg2iwc6p8KR2Ue1g_*26v*3D1*26x*3D3*26a* 3DCAog6WI7z-FnKjTyqsk0dvNUVXinvogkim3bSMDFaLIolt8SdhDmob6o_zEY5rG5_IgyIgEAKgkC6AMA_3- izqBSBJOpdFZaBKkAeAhqJW2zd8SJZvEf2QHoNs0g0Jq6lD-HRvtnpct1DpNf0bW5oglkilyJTeJFm7eJkNxy_g51WdA0mTlOoX6X35Ovb_Og5h3cjNIpdLc7aE*26e*3D1720395389*26fl*3D *26r*3DF429EEA3-B362-4AFB-BA6A-8CE4B45D3D9C1*26k*3D*24*7Buk*7D*26ckc*3Dcom.apple.largeattachment*26ckz*3D22BD5E5A-9A4E-4FF4-B4C7- 060B934122B3*26p*3D113*26s*3DqqkeCyLDHCk_j3nZ5l2H3Pi9uo0&uk=ejJNGqQt8RJxlAuJWa0RaQ&f=Attachme nt*20H.mov&sz=396996566__;JSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJSUlJQ!!OfuUnHCITYtmmjM!o7ATfNmS 3JpYGSwuL6msYWzdk2NPlz_8gig5THJIY8zQkVMjsFjf1BldRzy1SZoxOAfUrmpLqJRUz34HUmBF-IIeL7I$ >Attachment H.mov
397 MB
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K e v I n M c K e o w n
https://urldefense.com/v3/__http://www.mckeown.net__;!!OfuUnHCITYtmmjM!o7ATfNmS3JpYGSwuL6msYWzd k2NPlz_8gig5THJIY8zQkVMjsFjf1BldRzy1SZoxOAfUrmpLqJRUz34HUmBFN0PEM9E$ Choose to be conscious
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Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1010 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1011 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1012 Attachment: Written Comments
Approval of Proposal Regarding Independent Investigation of Possible …er in Conducting the Investigation - City of Santa Monica, California 4/10/22, 8)00 PM https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1307&MediaPosition=&ID=5000&CssClass= Page 1 of 3 Log in | Help | Register
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Approval of Proposal Regarding Independent Investigation of Possible Violations of the Brown Act and Confidentiality Agreements and Authorization of the Issuance of Subpoenas in the Name of the City under Section 614 of the City Charter in Conducting the Investigation Information
Department: City Attorney's Office,
Administration
Sponsors:
Category: 08. Administrative Item
Attachments
2022.02.10-Independent Investigation-RFP Firm Solicitation Written Comments
Recommended Action
Recommendation:
Approve the proposal from the City Manager and the Interim City Attorney to have an independent investigation of possible violations of the Brown Act and Confidentiality Agreements by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. Authorize the issuance of subpoenas in the name of the City under section 614 of the City Charter in conducting the investigation.
Staff Report Body
Summary and Discussion:
At the City Council’s February 8, 2022, meeting, the City Council approved the request of Councilmember Davis as set forth in Agenda Item 13.D, which requested that:
“…the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022.
The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation.” In response, the City Manager and Interim City Attorney sent a Request for Proposal (RFP) to six firms, who were identified as having considerable expertise and experience to conduct the «Back to Main Site Welcome Meetings Notices Boards+
City of Santa Monica
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Staff Report
5000
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1013 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Approval of Proposal Regarding Independent Investigation of Possible …er in Conducting the Investigation - City of Santa Monica, California 4/10/22, 8)00 PM https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1307&MediaPosition=&ID=5000&CssClass= Page 2 of 3 investigation. The RFP identified the scope of work as previously approved by the City Council and indicated that the expectation was that a final report would be completed within 90 days. The RFP requested that the proposals identify the attorneys who would conduct the investigation, their experience with independent investigations, fee structure, and cost estimates. As of the posting of this staff report, the review of the proposals is ongoing. The City Manager and the Interim City Attorney will have a recommendation at the February 22, 2022 City Council meeting concerning the selection of the most appropriate firm.
The firms being considered include:
Foley & Lardner LLP
Norton Rose Fulbright US LLP
Winston & Strawn LLP
Halpern May Ybarra Gelberg LLP
Jenner & Block LLP
Summa LLP
The City Council’s direction also included the authorization to issue subpoenas. City Charter Section 614 provides that the City Council:
shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and attested by the City Clerk.
In conducting this investigation, the City Attorney’s Office will utilize this authority, as well its other similar authority under the Santa Monica Municipal Code Section 2.32.040, which provides:
(a) In investigating any matter where the City Charter, an ordinance of the City, State law, or Federal law grants to the City Attorney the duty or power to investigate, enforce, or prosecute a matter, the City Attorney shall have the power to:
(1) Inspect, upon reasonable notice, all documents, physical materials, and other items required to be maintained under any provision of the Government Code or this Municipal Code; (2) Issue subpoenas for the attendance and testimony of witnesses, and the production of documents, physical materials, and other items;
(3) Issue written interrogatories;
(4) Administer oaths and affirmations and take evidence; (5) Petition a court of competent jurisdiction to compel the attendance and testimony of witnesses, the answering of written interrogatories, and the production of documents, physical items, and other items.
The City Attorney may exercise these powers prior to or following the filing of any civil, criminal, or administrative action.
(b) The City Attorney shall determine and establish the form of the subpoena issued pursuant to this section.
(c) Destruction or concealment of items requested pursuant to a subpoena issued under this section shall constitute a misdemeanor and shall be punishable as set forth in Section 1.08.010 of this Code.
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1014 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Approval of Proposal Regarding Independent Investigation of Possible …er in Conducting the Investigation - City of Santa Monica, California 4/10/22, 8)00 PM https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1307&MediaPosition=&ID=5000&CssClass= Page 3 of 3 Powered by Granicus
Draft
Financial Impacts and Budget Actions
The estimated cost is unknown and is dependent upon the cooperation of witnesses and the resulting complexity of the investigation. The costs will be monitored by the City Attorney.
Meeting History
Feb 22, 2022 5:30 PM City
Council Regular and Special Joint Meeting
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1015 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1016 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) From: Kevin McKeown [email protected]
Subject: Re: Post-podcast thoughts
Date: March 30, 2022 at 7:46 PM
To: Lana Negrete [email protected]
On Mar 21, 2022, at 10:26 PM, Lana Negrete <[email protected]> wrote:
the information made public is not always the whole story.
Clearly. That’s one reason it’s taken me over a week to get back to you, sorry. I wanted to have some conversations to verify what I’ve heard, beyond that which I saw happening first-hand while I was a Councilmember.
You said you
quite frankly felt that the CA's o!ce was not doing all they should of done to address the allegations. The Integrity Review Board was not contacted; a process had not been followed and this would likely be the demise of any investigation.
I’ve confirmed what I already believed: The City Attorney cannot on her/his own initiate or refer an investigation of the Council, because under the City Charter s/he works directly for the Council and therefore there is a clear and unavoidable conflict of interest. The only way an investigation of the Council can be authorized is by the Council itself. The premise has been that if a Councilmember is taking actions that work against the interests of the City, or that compromise the Council’s ability to protect and further the interests of the City, the Council as a whole will make an ethical decision for appropriate investigation.
You also said,
I also felt that there was information specific to 1-2 council members that I still don't understand why it was not enough to investigate those individuals
Wow! You have information I did not have at the time I retired. I had suspicions, based on whom it seemed the leaks were benefiting, but if you have actual information... that strengthens the concern I wanted to share: Lana, be careful that through knowing inaction you don’t make yourself complicit in what has already happened, or in what might happen if the leaking parties continue without accountability.
This isn’t the City Attorney’s responsibility. It’s yours.
Kevin
On Mar 21, 2022, at 10:26 PM, Lana Negrete <[email protected]> wrote:
Thank you Kevin! I want to first say that I respect your thoughts, insight and opinions and am grateful I have you to come to for historical references and just good 'ol council advice! I know you know all too well how sometimes the information made public is not always the whole story. This decision was not done lightly or just to avoid an awkward investigation. My initial vote was at 2:30 am and was for me a given - in the name of transparency. I also have other information and quite frankly felt that the CA's o!ce was not doing all they should of done to address the allegations. The Integrity Review Board was not contacted; a process had not been followed and this would likely be the demise of any investigation. I also felt that there was information specific to 1-2 council members that I still don't understand why it was not enough to investigate those individuals. This is just to name a few. The price tag on this investigation was going to also be much higher than the cap in order to get to the bottom of anything. After researching what something like this would likely cost Santa Monica in the midst of budget planning and consideration of rehiring back sta" after cuts, it felt that a process should be followed first before we opt to spend money on an investigation that would result in a huge price tag to yield any information that could actually implicate a leak.
I'd love to discuss further with you. Just wanted you to know I am not one to shy away from being uncomfortable at the sake of not being transparent. I consider things deeply and weigh out each side to ultimately get to what is best for the city. I don't think spending this money at this time is the way to find the leaks given the hearsay that is coming from the community. However, I am aware and always listening and in close contact with our CA o!ce and the appropriate processes and procedures when and if I am aware or concerned about any Brown Act issues. I also believe those that are not being transparent are going to have to answer to it soon enough.
Kevin, thank you for being a resource. I'd love to catch up with you on the phone soon. Let me know when your available!
Lana Negrete
Councilmember
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1017 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies) Councilmember
santamonica.gov
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-----Original Message-----
From: Kevin McKeown <[email protected]>
Sent: Saturday, March 19, 2022 1:27 PM
To: Lana Negrete <[email protected]>
Subject: Post-podcast thoughts
EXTERNAL
Lana, listening to your podcast with Evan I was heartened to hear your recognition that Councilmembers must make decisions based on the information available to them, and based on the long-term benefit of the community as a whole. I’d like to share some information and perspective based on over two decades in the hot seat you now occupy.
It is normal for Councilmembers to disagree, even to have embarrassingly public spats. We have never had seven Councilmembers who agree on everything. Still, as you said, it’s “a huge distraction if we’re fighting up there.” I agree.
However, an even greater threat to e"ective local governance is lack of trust, both within the Council as an elected body and from the community that relies on the Council for ethical leadership.
What I’m about to say is not theoretical. I was there on the Council when it first became clear to us that someone had been leaking closed session information in violation of both the Brown Act and signed agreements not to reveal information about potential candidates for City Manager. I know without any doubt that those leaks happened, and that was further documented to Santa Monicans at large by a public letter from Rene Bobadilla. This was not a case of no harm, no foul.
As much as I understand your wanting to squelch squabbles within the Council, and in full recognition that an investigation will be awkward, having heard you with Evan I believe that you may, upon reflection, agree that the issue of trust — both of the Council, and within the Council — should be evaluated ethically, not politically. Quieting conflict has short-term benefits, but in the long term our City will su"er far more greatly from eroded trust.
One of the arcane procedural options you may not have been told about is the ability to reconsider Council actions upon reflection or expanded information that shifts your perspective. Such reconsideration takes a call for a vote from one of the Councilmembers on the prevailing side. That makes you uniquely empowered to step back, look at the longer-term implications of declining to investigate a violation of integrity already known to the Santa Monica public, and bravely stand for the principle that Councilmembers must be able to trust each other, and be trusted by the people they serve.
Thanks,
Kevin
——————————————
K e v i n M c K e o w n
http://www.mckeown.net
Telephone: (310) 393-3639
"Choose to be conscious”
——————————————
Item 16-C
June 11, 2024
Item 16-C
June 11, 2024
16.C.a
Packet Pg. 1018 Attachment: Written Comments [Revision 2] (6470 : Councilmember Ethics Policies)