ITEM 8-D
COUNCIL MEETING: August 13, 1991 Santa Monica, California TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Approve the Proposed Transportation Management Plan (TMP) Ordinance.
INTRODUCTION
This report recommends that the City Council approve the proposed Transportation Management Plan (TMP) Ordinance, which includes changes that were made to address issues raised by Council, the Chamber of Commerce and the South Coast Air Quality Management District (AQMD).
BACKGROUND
At the June 4, 1991 City Council meeting, after the public testimony, Council asked staff to revise the TMP Ordinance based upon comments by Council, Chamber of Commerce, and AQMD.
This report outlines the changes to the Ordinance based upon those comments.
SUMMARY OF CHANGES
The following summarizes the revisions made to the Ordinance since the June 4, 1991 meeting:
o Language has been added which states that employers of 100 or more employees shall not be responsible for
complying with the TMP until the City of Santa Monica
and AQMD reach an agreement providing an exemption from Regulation XV requirements.
o Employers are responsible to submit a Worksite
Transportation Plan, and annual updates, even if they
do not receive a notice from the City.
o Transportation Management Associations (TMA's) are no longer required to submit a Worksite Transportation
Plan in order to receive the 25% fee reduction.
Instead, an employer will receive the fee reduction if
they are a member of a TMA certified by the City based
upon criteria outlined in the Ordinance. A TMA may
still submit a Worksite Transportation Plan on behalf
of its members upon execution of CC&R's or other
appropriate mechanisms.
o The Employer Annual Impact Fee will be established by a resolution of the City Council, which will allow the
fee to be amended on an as needed basis.
o The fee reductions available to employers have been
clarified, with a total possible fee reduction of 85%
available to employers who demonstrate attainment of a
1.5 AVR for three consecutive years and who are a
member of a TMA certified by the City.
o Language has been added which clarifies the minimum
requirements of a Worksite Transportation Plan.
Staff has met with representatives from the South Coast Air Quality Management District and the Chamber of Commerce to address their previous concerns. The proposed Ordinance resolves the concerns of the SCAQMD staff, and responds to the Chamber's concerns over the formation of Transportation Management Associations.
Discussions have been occurring with SCAQMD to develop an acceptable Memorandum of Understanding between the City and SCAQMD. Once this MOU is approved by both agencies, the City will retain implementation authority over employers with 100 or more employees. It is anticipated that a MOU will be complete by the time the proposed Ordinance is in effect.
BUDGET/FINANCIAL IMPACT
The following outlines the anticipated expenditures and revenues for implementation of the Transportation Management Ordinance.
Due to the potential shortfall of revenues after the fourth year (due to the proposed incentive fee reductions), staff is recommending that the Ordinance limit the maximum reduction of fees to 85% of the total fees required. This will help ensure the program generates sufficient revenues to operate the program.
The following outlines the currently proposed budget:
Proposed Budget
1 TMP Manager $70,000*
2 Transp. Coord. 91,000*
1 Clerical 33,000*
Consultants 20,000
Supplies 35,000
Total: $249,000
* This figure includes benefits
Projected Revenues
1st Year $ 75,000
2nd Year 172,079
3rd Year 315,468
4th Year 291,742
The fees collected by the City will not be sufficient to cover the anticipated expenditures for the first two years. Therefore, funds from the Colorado Place and Watergarden traffic mitigation fees will be required to off-set the deficit. Sufficient funds are projected to be available for that purpose.
The adopted budget indicates that $144,916 in traffic mitigation fee revenue will be utilized in FY 1991-92 to support the current level of TMP related work. Changes to both the expenditure and revenue sides of the budget would be needed to reflect full implementation of the TMP Ordinance as proposed herein. Those changes can be presented to the Council for consideration as part of the FY 1990-91 year-end budget review process which will occur in September.
RECOMMENDATION
It is recommended that the City Council introduce the proposed Ordinance for first reading, and direct staff to return to the City Council at year-end review with the budget changes needed for implementation.
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Principal Planner
Paul Casey, Transportation Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: Revised Ordinance
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE
IX OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE NEW AND
EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO ADOPT
WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION
IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND
IMPROVE AIR QUALITY IN THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2B is added to Article IX of the Santa Monica Municipal Code to read as follows:
CHAPTER 2B - TRANSPORTATION MANAGEMENT
SECTION 9220. Findings. The City Council
finds and declares:
(a) Expected growth in population and
employment opportunities in the City will be
accompanied by concomitant increases in traffic
congestion.
(b) Transportation and traffic studies
project that future traffic levels on surface
streets will be severe unless measures are taken to
reduce commute hour traffic levels.
(c) Air quality studies indicate that ozone
and carbon monoxide concentrations exceed state and
federal standards some days in the City.
(d) Traffic along some major routes in the
City has or is expected to reach Level of Service
"F" during peak hours, indicating conditions where
excessive delays develop repeatedly due to vehicles
arriving at rates greater than capacity and where
emergency vehicle travel is impeded.
(e) New development and major additions to
existing development by the year 2010 will have an
adverse impact on the existing transportation
systems by adding approximately 17,000 trips to the
existing demand of over 20,000 p.m.-peak hour trips
from non-residential land uses.
(f) The City's General Plan calls for
formation of a plan to implement the transportation
management policies of the Circulation Element, an
uncongested traffic circulation system, energy
conservation, and maintenance of noise and air
quality levels within established standards.
(g) The transportation system is impacted
Citywide by the traffic and parking requirements of
development.
(h) Transportation Systems Management,
Transportation Demand Management, and Transportation
Facility Development strategies can improve service
and operations to increase mobility and the general
efficiency of the system. These strategies
encompass traffic operations, ridesharing, and
bicycle improvements as well as transit planning and
management of the system. These strategies enhance
vehicle flow or shift demand on an existing
transportation facility and can be effective to
mitigate negative effects of transportation, such as
air quality, energy use, and noise levels.
(i) Reduction of congestion and the time of
commute trips will improve the quality of life in
the City and improve quality and level of access for
residents and employees and patrons of local
businesses.
(j) Coordination of Transportation Systems
Management, Transportation Demand Management, and
Transportation Facility Development strategies with
other cities and counties in the region and through
regional agencies will assist in meeting the goals
of this Chapter.
SECTION 9221. Purpose and Objectives. The
purpose and objectives of this Chapter are to
establish a transportation management plan that
will:
(a) Allow for any growth permitted by the
land use plans of the City while minimizing
peak-hour automobile commute trips from new and
existing places of employment.
(b) Reduce traffic impacts within the
community and region through a reduction in the
number of vehicular trips and total vehicle miles
traveled.
(c) Reduce the vehicular air pollutant
emissions, energy usage, and ambient noise levels
through a reduction in the number of vehicular
trips, total vehicle miles traveled, and traffic
congestion.
(d) Ensure City compliance with South Coast
Air Quality Management District Regulation XV, and
require employers both to meet Regulation XV air
quality targets and to achieve City traffic
objectives.
(e) Achieve a commuter Average Vehicle
Ridership of 1.50 within one (1) year for employers
of 100 employees or more.
(f) Achieve City-wide commuter Average
Vehicle Ridership of 1.50 within three (3) years for
all employers of ten or more employees.
(g) Strive to maintain levels of service on
streets and intersections during peak-hours at or
below capacity for as long a period of time as
feasible.
(h) Strive to prevent levels of service on
streets and intersections that have not reached
Level of Service "E" during peak-hours from reaching
that level.
(i) Strive to improve levels of service on
streets and intersections that have already reached
Level of Service "E" during peak-hours.
(j) Minimize the percentage of employees
traveling to and from work at the same time and
during peak hour periods in single occupant
vehicles.
(k) Assist in attainment of the requirements
of the Federal Clean Air Act.
(l) Implement several air quality control
measures required of local governments by the 1989
Air Quality Management Plan adopted by the Southern
California Air Quality Management District and
subsequent updates.
(m) Promote and increase work-related transit
use, ridesharing, walking and bicycling to minimize
parking needs and to protect critical intersections
from severe overload.
(n) Decrease the government cost of
transportation and parking facility construction and
improvements.
(o) Maximize the use of commute modes other
than the single-occupancy vehicle through
Transportation Systems Management, Transportation
Demand Management, and Transportation Facilities
Development.
SECTION 9222. Definitions. The following
words or phrases shall have the following meanings
when used in this Chapter:
Average Vehicle Ridership (AVR). The total
number of employees who report to the worksite or
another job-related activity during the peak periods
Monday through Friday divided by the number of
vehicles driven by these employees over that
five-day period. The AVR calculation requires that
a five consecutive weekday average be used. The
averaging period cannot contain a holiday and shall
represent a normal situation so that a projection of
the average vehicle ridership during the year is
obtained.
An example of calculating morning AVR using a
weekly averaging period for an employer with 300
employees all reporting to work weekdays between
6:00 a.m. and 10:00 a.m. inclusive is:
Employees reporting to work:
Monday 300
Tuesday 300
Wednesday 300
Thursday 300
Friday 300
Total 1500
Number of vehicles driven to the worksite by
these employees:
Monday 270
Tuesday 250
Wednesday 280
Thursday 265
Friday 262
Total 1327
AVR is arrived at by dividing the number of
employees reporting to work between the hours of
6:00 a.m. and 10:00 a.m. during the week (1500) by
the number of vehicles driven to the worksite
between the same hours during the week (1327):
1500 = 1.13 AVR
1327
A similar calculation is required for obtaining the
afternoon peak period AVR for commute trips between
3:00 p.m. and 7:00 p.m. This calculation does not
include credits for telecommuting, clean fuel
vehicles, or compressed work weeks.
Buspool/Shuttle Bus. A vehicle carrying
sixteen (16) or more passengers commuting on a
regular basis to and from work with a fixed route,
according to a fixed schedule.
California Department of Transportation
(Caltrans). The state agency responsible for the
maintenance and development of California's
transportation systems.
Carpool. A motor vehicle occupied by two (2)
or more employees traveling together to and from
work.
Commute Trip. A home-to-work or work-to-home
trip.
Developer. Any person responsible for
development of a non-residential development project
which will result in ten (10) or more peak period
trips.
Employee. Any person employed by a firm,
person, business, educational institution,
non-profit agency or corporation, government agency
or other entity who reports to work at a single
worksite for six months or more.
Employer. Any public or private employer,
including the City of Santa Monica, having a
permanent place of business in the City and
employing 10 or more employees.
Level of Service ("LOS"). A term to describe
prevailing and projected traffic conditions on a
roadway and is expressed by delay and the ratio of
volume/capacity (V/C). Six levels of service are
designated "A" through "F." "A" describes a free
flowing condition and "F" describes forced traffic
flow conditions with severe capacity deficiencies
and delays. This definition is based on the Highway
Capacity Manual, Transportation Research Board SR
209 (1985).
Mitigation Measures. Those actions (e.g.,
Transportation Systems Management, Transportation
Demand Management, and Transportation Facility
Development) which are taken to reduce traffic
impacts.
Monitoring. The techniques used to assess
progress towards complying with the transportation
management plan.
Multi-Tenant Worksite. A structure, or group
of structures, on one worksite where more than one
employer conducts a business.
Peak Period. In the morning, the peak period
includes the hours from 6:00 a.m. to 10:00 a.m. In
the evening, the peak period includes the hours from
3:00 p.m. to 7:00 p.m.
Peak Period Trip. An employee's commute trip
that begins or ends at the worksite within the peak
period.
Pedestrian Oriented Use. A use which is
intended to encourage walk-in customers and which
generally does not limit the number of customers by
requiring appointments or otherwise excluding the
general public. Such uses may include, but not be
limited to, neighborhood commercial uses, retail
uses, cultural uses, restaurants, cafes, and banks.
Preferential Parking. Parking spaces
designated or assigned for carpool and vanpool
vehicles carrying commute passengers on a regular
basis and are provided at a reduced cost and/or in a
location more convenient to a place of employment
than parking spaces provided for single occupant
vehicles.
Ridesharing. Any mode of transportation other
than a single occupancy vehicle which transports one
or more persons to a worksite.
Satellite Work Center. A worksite other than
the regular worksite which results in a shorter
commute distance for the employee and from which the
employee performs regular work functions.
Telecommuting. A system which allows an
employee to work at home and still be in
communication with the worksite.
Transportation Demand Management ("TDM"). The
implementation of strategies which will encourage
individuals to either change their mode of travel
from a single-occupancy vehicle, reduce trip length,
eliminate the trip altogether, or commute at other
than peak periods.
Transportation Facility Development ("TFD").
Construction of major capital improvements to a
highway or transit system or installation of
operating equipment which includes new construction
of the existing system or construction of a new
system.
Transportation Management Association ("TMA").
A group formed so that employers, employees, and
developers can collectively address community
transportation-related problems. Transportation
Management Associations may be formed to implement
TDM, TSM, and/or TFD strategies in employment
clusters or at multi-tenant worksites. The primary
function of a TMA is to pool resources to implement
solutions to commuter-related congestion problems in
conjunction with the City Transportation
Coordinators. The City may identify employment
clusters or multi-tenant worksites where an employer
organization such as a TMA should be formed.
Transportation System Management ("TSM").
Strategies designed to improve traffic flow through
modifications in or coordination of the operation of
existing facilities.
Trip Reduction. The reduction in single
occupant vehicle trips by private or public sector
programs used during peak periods of commuting.
Vanpool. A van or similar motor vehicle with
a seating capacity of seven or more persons occupied
by four or more employees traveling together to
work.
Vehicle. A passenger car or truck used for
commute purposes including any motorized two wheeled
vehicle. Vehicles shall not include bicycles,
transit vehicles, buses serving multiple worksites,
or vehicles which stop only to load or unload
passengers or materials at a worksite while on route
to other worksite(s).
Work Place or Worksite. A building, part of a
building, or grouping of buildings located within
the City which are in actual physical contact or
separated solely by a private or public roadway, and
which are owned or operated by the same employer.
Worksite Transportation Plan ("WTP"). A plan
for implementation of transportation management
strategies which is designed to reduce the impacts
of a particular worksite on traffic and air quality.
Worksite Transportation Plan Appeals Board
("WTP Appeals Board"). The administrative review
body for decisions of the City's Transportation
Management Coordinator. The WTP Appeals Board shall
consist of the Parking and Traffic Engineer, the
Director of the Land Use and Transportation
Management Department, and an at-large member
appointed by the City Council. The Parking and
Traffic Engineer and the Director of the Land Use
and Transportation Management Department may
designate an employee from his or her division or
department as his or her representative.
Worksite Transportation Plan Coordinator. An
employee, tenant, property owner, property manager,
contracted service, or representative of an employer
association, with appropriate training as approved
by the City and the South Coast Air Quality
Management District, whose function is to promote
TMP program activities. The Coordinator does not
have to be on-site at all times; however, all
worksite-related information must be kept at the
worksite. Worksite Transportation Plan Coordinators
shall be responsible for day-to-day implementation
of worksite transportation plans. Worksite
Transportation Plan Coordinators shall prepare and
make available rideshare information, notices,
questionnaires, handouts, computer matches, transit
and bicycle route maps, and shall have a permanent
mailing address, daytime telephone number and
office. Worksite Transportation Plan Coordinators
shall administer incentive programs included within
worksite transportation plans, such as rideshare
matching, vanpool brokerage, bus token or pass
distribution, parking fees, and transportation
allowances. Worksite Transportation Plan
Coordinators shall participate in City-sponsored
training workshops and information roundtables.
SECTION 9223. Applicability.
This Chapter shall apply to employers and
developers as defined above. The City shall not be
exempt from the requirements of this Chapter.
SECTION 9224. Transportation Impact Fee.
(a) Employer Annual Impact Fee. There shall
be an Employer Annual Impact Fee. The purpose of
the Employer Annual Impact Fee is to pay for the
costs of administration and enforcement of this
Chapter. The amount of the employer cost factor
used to calculate the fee shall be established and
from time to time amended by resolution of the City
Council.
(1) Employers shall pay an annual
transportation impact fee calculated using the
following formula: Fee = (Number of Employees) x
(Employee Cost Factor).
For purposes of calculating an employer's
annual impact fee, the definition of employee shall
include those employees who report to work during
the peak periods, including full-time, part-time,
temporary, seasonal, at-home or in-field contractors
of consultants working at a worksite for two months
or more.
(2) The City TMP Office shall begin
notifying employers of required Employer Impact Fees
in accordance with the Employer Worksite Plan
Schedule in Section 9228(a). Employer Impact Fees
shall be due and paid in full with submittal of the
Employer Worksite Plan. The City shall mail notice
of the payment required by this subsection at least
90 calendar days prior to the due date.
(3) Once the Employer Annual Impact Fee
required pursuant to this Section has been paid,
there shall be no refunds.
(4) Employers who demonstrate
attainment of a 1.5 AVR shall receive a 40%
reduction in the Employer Annual Impact Fee for the
following year. Employers who demonstrate
attainment of a 1.5 AVR for two consecutive years
shall receive a 50% reduction in the Employer Annual
Impact Fee for the following year. Employers who
demonstrate attainment of a 1.5 AVR for three
consecutive years shall receive a 60% reduction in
the Employer Annual Impact Fee for the following
year.
(5) Employers who join a TMA certified
by the City shall receive a 25% reduction in the
Employer Annual Impact Fee. Each employer in a TMA
which demonstrates attainment of a 1.5 AVR shall
receive an additional 40% reduction in the Employer
Annual Impact Fee for the following year, for a
total reduction of 65%. Each employer in a TMA
which demonstrates attainment of a 1.5 AVR for two
consecutive years shall receive an additional 50%
reduction in the Employer Annual Impact Fee for the
following year for a total fee reduction of 75%.
Each employer in a TMA which demonstrates attainment
of a 1.5 AVR for three consecutive years shall
receive an additional 60% reduction in the Employer
Annual Impact Fee for the following year, for a
total reduction of 85%. Fees charged by the TMA to
employers for its operation and administrative costs
shall be separate from the City's Employer Impact
Fee.
(6) Employers of 100 or more employees
submitting an approved Regulation XV Plan less than
six months old shall be exempt from the Employer
Annual Impact Fee for the first year.
(b) Developer Impact Fee. The purpose of the
developer impact fee is to defray the cost of
providing transportation facilities and services
associated with new commercial development.
(1) Developers who apply for building
permits for new or expanded development projects in
the City shall mitigate their resultant
transportation by paying a one-time transportation
impact fee. The amount of the fee and manner of
payment shall be established and from time to time
amended by resolution of the City Council.
(2) Fees shall apply to developers who
have not received certificates of occupancy as of
the effective date of this Chapter.
(3) Developers shall pay the required
fee prior to issuance of a building permit.
Developers who have already obtained building
permits must pay the required fee prior to issuance
of a certificate of occupancy.
(4) The following land uses are
encouraged by the City because of their beneficial
impacts and shall receive reductions from the
Developer Impact Fee: supermarkets and pedestrian-
oriented uses on the ground floor of a multi-story
building. Both the Impact Fee and the reduction
shall be established by resolution.
(5) Refunds of the Developer Impact Fee
shall be made upon the filing of a request for
refund within six (6) months of expiration of a
building permit upon verification that construction
of the improvements for which the permit was issued
have not commenced and no extensions of the building
permit have been granted. No interest shall be paid
on any refunded fee.
SECTION 9225. Deposit and Use of Fees.
(a) Employer Impact Fees collected pursuant
to Section 9224(a) shall be deposited in an account
separate from the General Fund and shall be
allocated to TMP office administration and the
development and operation of TMAs.
(b) Developer Impact Fees collected pursuant
to Section 9224(b) shall be deposited into an
account separate from the General Fund and shall be
allocated to the following uses:
(1) Transportation demand management
(TDM) improvements.
(2) Transportation system management
(TSM) improvements.
(3) Transportation facility development
(TFD).
(4) Public transit improvements.
SECTION 9226. Contents of Worksite
Transportation Plans. Employers and developers
shall prepare, implement, and monitor Worksite
Transportation Plans for transportation demand
management (TDM), transportation system management
(TSM), and transportation facility development
(TFD), which Worksite Transportation Plans shall
reduce traffic and environmental impacts of their
sites in the City. The Worksite Transportation Plan
shall be in a form approved by the City's
Transportation Management Coordinator.
(a) The Worksite Transportation Plan shall
include some or all of the following mitigation
measures:
(1) Education and Marketing: Hire and
fund an in-house Transportation Management
Coordinator; participate in a TMA if available or
required.
(2) Parking Management: Charge or
increase employee parking fees; establish
preferential carpool and vanpool parking.
(3) Ridesharing: Conduct or
participate in Rideshare Matching Program; broker
vanpools; provide carpool, vanpool, and buspool
subsidies.
(4) Transit: Provide transit tokens or
pass subsidies; dedicate land, if required or
approved by the City, for light rail right-of-way,
park-n-ride lots, transit stops, or bus bays;
operate or fund shuttle bus operations; install and
maintain bus shelter(s), if required or approved by
the City.
(5) Bicycling: Provide secure bicycle
storage facilities; provide showers and lockers;
develop or fund City-approved bicycle paths.
(6) Alternative Work Schedules:
Implement 4/40 work weeks; implement 9/80 work
weeks; establish telecommuting program.
(7) Trip Length Reduction: Conduct
outreach in order to facilitate hiring to increase
proportion of employees living within three miles
radius of worksite.
(8) Other Measures Approved by the
City's Transportation Management Coordinator.
(b) The Worksite Transportation Plan shall
consist of a report that:
(1) Calculates AVR levels for morning
and afternoon peak periods.
(2) Describes the plan incentives to be
offered.
(3) Determines the number and
percentage of the project population that
participates in rideshare activities, by mode, and
estimates these statistics for the upcoming plan
year.
(4) Determines the use of Code-required
on-site parking facilities (i.e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and estimates use for the upcoming
year.
(5) Determines the use of off-site
parking and estimates use for the upcoming year.
(6) Determines the current number of
transit tokens/passes sold to project employees at
full or discounted prices and the estimated number
to be sold in the upcoming plan year.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute and
estimates these numbers for the upcoming year.
(8) Determines the number of employees
who bicycle or walk to work and the number of
bicycle racks, lockers, and shower/locker facilities
on-site and estimates these statistics for the
upcoming year.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines the number of morning
and evening peak period vehicle trips to and from
site.
(11) Identifies and evaluates
objectives of the plan and provides an explanation
of why the plan is likely to achieve the AVR target
levels.
(12) Names the designated person or
trained Worksite Transportation Coordinator for each
site who is responsible for the preparation,
implementation, and monitoring of the plan.
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive workdays
(Monday through Friday). This survey must have a
minimum response rate of 75% of employees who report
to work between 6:00 a.m. and 10:00 a.m. inclusive
Monday through Friday, and 75% of employees who
report to work or leave work between 3:00 p.m. and
7:00 p.m. inclusive Monday through Friday.
(14) Includes a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
on site.
(17) Describes the general type of
business and any unique aspects, such as seasonal
fluctuations in the number of employees and/or any
business cycles.
SECTION 9227. Employer Worksite
Transportation Plans.
(a) All employers of 10 or more employees
shall be required to submit a Worksite
Transportation Plan to the City in accordance with
the procedures set forth in Section 9228.
(b) Employers of 10-49 employees shall
identify measures in their Worksite Transportation
Plan to be made available to their employees which
are expected to reduce the number of single-occupant
vehicle commute trips to their worksite. At a
minimum, the following information must be made
available to each employee:
(1) Carpooling/vanpooling information,
including information about the services provided by
the regional ridesharing agency and their phone
number.
(2) Bus schedules and token/pass
purchase information.
(3) Information on air pollution and
options to driving to work alone.
(4) Bicycle route and facility
information, including regional/local bicycle maps,
locations of nearest bicycle locker storage
facilities, and bicycle safety information.
(5) Information on walking to work,
pedestrian safety and walking shoe information.
(c) Employers of 50 or more employees shall
identify measures in their Worksite Transportation
Plan which will result in a worksite AVR of at least
1.50 during a.m. and p.m. peak periods through
measures specified in Section 9226.
(d) Employers of 50 or more employees shall
designate a worksite Transportation Plan Coordinator
for the worksite in the Worksite Transportation
Plan.
(e) Employers at multiple worksites that are
located within close geographic proximity of each
other and Employers at multi-tenant worksites where
more than fifty (50) employees are employed in the
aggregate may voluntarily form a Transportation
Management Association ("TMA") and shall do so
within thirty (30) days of notification if the
City's Transportation Management Coordinator so
requires. For purposes of determining whether more
than fifty (50) employees are employed at a
multi-tenant worksite, employees who are employed by
an employer with fewer than ten employees shall not
be counted. The TMA may submit a Worksite
Transportation Plan as described in Section 9229,
which plan, upon execution of the CCRs or other
appropriate documents identified herein, shall serve
as the individual employer's Worksite Transportation
Plan.
(f) Upon the Parking and Traffic Engineer's
approval of a written request, an employer may
submit a single Worksite Transportation Plan
encompassing all worksites subject to the
requirements of this Chapter if the worksites are
within one-half mile of each other.
(g) All employer Worksite Transportation
Plans shall be consistent with any plans previously
submitted by the developer of the property at which
the worksite is located.
SECTION 9228. Procedures for Submission of
Employer Worksite Plans.
(a) The City TMP Office shall begin sending
written notice by certified mail to employers in
accordance with the following schedule:
November 1, 1991 Employers who employ
and November 1 of 100 or more employees
every year thereafter or plans submitted by
a TMA representing
100 or more employees
November 1, 1992 Employers who employ
and November 1 of 50-99 or more employees
every year thereafter or plans submitted by
a TMA reprsenting 50-99
employees
November 1, 1993 Employers who
and November 1 of employ 10-49
every year thereafter employees.
Each employer shall submit to the City's
Transportation Management Coordinator a Worksite
Transportation Plan within 90 calendar days after
the receipt of the notice. For employers of 100 or
more employees, an approved Regulation XV Plan less
than six months old may be submitted as the Worksite
Transportation Plan. In the event that the employer
reasonably needs more time to submit a Worksite
Transportation Plan, the employer may file a written
request for an extension with the City's
Transportation Management Coordinator. All requests
must be received by the City TMP Office no later
than 75 calendar days after notification by the
City. The City's Transportation Management
Coordinator shall notify the employer whether or not
the extension has been granted within 15 days of
receipt of a written request for extension. In no
event shall the submission date be extended for more
than 60 days from the initial submission date.
(b) After the employer submits the Worksite
Transportation Plan, the City's Transportation
Management Coordinator must either approve or
disapprove the plan within 120 days. Notice of
approval or disapproval shall be given by registered
or certified mail. If the Worksite Transportation
Plan is disapproved, the reasons for disapproval
shall be given in writing to the employer. Any plan
disapproved by the City's Transportation Management
Coordinator must be revised by the employer and
resubmitted to the City's Transportation Management
Coordinator within 30 days of the notice of
disapproval.
(c) An approved employer plan may be revised
by submitting a plan revision. The revision shall
not be effective until approved by the City's
Transportation Management Coordinator.
(d) No employer of 100 or more employees
shall be responsible for complying with this Chapter
until such time as the City and SCAQMD execute an an
agreement which provides an exemption to those
employers from the requirements of filing a
Regulation XV plan with the SCAQMD. If at any time
the City fails to meet its obligations under the
executed agreement, employers of 100 or more
employees in the City shall be released from this
Chapter and shall be subject to compliance with
SCAQMD Regulation XV requirements.
(e) It is the responsibility of all employers
of 100 or more employees to submit to the City their
Worksite Transportation Plan by November 1, 1992,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(f) It is the responsibility of all employers
of 50-99 employees to submit to the City their
Worksite Transportation Plan by November 1, 1993,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(g) It is the responsibility of all employers
of 10-49 employees to submit to the City their
Worksite Transportation Plan by November 1, 1994,
even if they do not receive a notice from the City,
unless they have been notified by the City to do so
at an earlier date.
(h) It is the responsibility of all employers
subject to this Ordinance to submit an updated
Worksite Transportation Plan to the City annually on
the anniversary date of the most recent Worksite
Transportation Plan approval by the City.
SECTION 9229. Transportation Management
Associations (TMA's).
(a) Transportation Management Associations
are groups formed so that employers, employees,
developers, and building owners can collectively
address community and worksite transportation-
related problems. Transportation Management
Associations may be formed to implement TDM, TSM
and/or TFD strategies in employment clusters or at
multi-tenant worksites. The primary function of a
TMA is to pool resources to implement solutions to
commuter-related congestion problems in conjunction
with the City Transportation Coordinators.
(b) The City will certify TMA's that submit a
first year work plan which outlines the following:
(1) A mission statement which describes
the reasons for the association's existence and the
overriding goals of the TMA.
(2) Goals and objectives for the first
year which target achievement of the mission
statement. Specific activities and tasks shall be
listed to show how the members will be served by the
TMA and how the TMA will help meet the area and
regional transportation and air quality goals.
(3) A plan for a baseline survey of
commuters and employers in the area to establish
existing commuter characteristics and attitudes of
commuters toward traffic and the use of commute
alternatives. The employer survey shall obtain a
descriptive profile of existing programs and
employer attitudes toward developing new programs.
(4) The services to be provided by the
TMA to its members, including the commute
alternatives to be provided and promoted, the
advocacy and marketing activities planned, and the
role of the TMA staff in providing the services.
(5) A marketing plan which creates an
identity for the TMA and which describes how the
TMA's planned services will be marketed to member
employers and their employees.
(6) A monitoring and evaluation plan
which will be used to measure progress against goals
and objectives, including results of the TMA's
activities with each member. This plan will be used
to provide annual reporting information to the City.
(7) A budget which details how the work
of the TMA will be accomplished, including details
of public and private financing and expenditures.
(c) The TMA must provide an annual report to
the City to become re-certified yearly. The annual
report shall include the same elements as the first
year plan with the following exceptions:
(1) The mission statement shall be
restated based on changes in the goals and
objectives of the TMA, if any.
(2) The goals and objectives shall be
updated to reflect progress and changes in the TMA
services.
(3) The baseline survey need not be
repeated, however, the annual report shall include
follow-up monitoring and evaluation activities
related to the baseline survey.
(4) The evaluation and results shall be
discussed and used to described the next year's
planned activities.
(d) A TMA may submit a Worksite
Transportation Plan, which plan, upon execution of
CC&R's or other appropriate mechanism, shall serve
as each member's individual employer Worksite
Transportation Plan. No additional plan shall be
required of such employers, however, the TMA plan
must include the required data for each employer
covered by the plan. The TMA will be responsible
for complying with the same requirements of a single
employer of 50 or more employees. The TMA will be
responsible for collecting the employer Annual
Impact Fee from each employer and submitting the
aggregate fee to the City upon submission of the
TMA's plan.
Each employer participating in the TMA plan
shall, after review and approval by the City,
execute covenants, conditions, and restrictions
("CC&R's") or similar legal instrument setting forth
the obligations of each member of the TMA. Each
member of the TMA shall be jointly and severally
liable for any violations of this Chapter by the
TMA. Should any employer not comply with the TMA's
Worksite Transportation Plan, the TMA would have the
ability to remove the employer from the TMA, whereby
the employer would then be required to act as an
individual employer and submit its own Worksite
Transportation Plan to the City under the
requirements of Sections 9226 and 9227.
SECTION 9230. Developer Worksite
Transportation Plans. Developers of non-residential
projects which will result in ten (10) or more peak
period trips shall submit a Worksite Transportation
Plan to the City for implementation of selected
measures from Section 9226 at their development site
in accordance with the procedures set forth in
Section 9231.
SECTION 9231. Procedure for Submission of
Developer Plans.
(a) Developers of non-residential projects
which will generate 10 or more p.m. peak period
trips who apply for building permits for new or
expanded development projects in the City shall be
required to submit a Worksite Transportation Plan
meeting the requirements of this Chapter at the time
of application for the project's first planning
approval. The City's Transportation Management
Coordinator shall approve or disapprove the plan
within thirty (30) days of project approval by the
Planning Division or the City Council, when a
Planning Division approval is appealed. Notice of
approval or disapproval shall be given by registered
or certified mail. If the plan is disapproved, the
reasons for disapproval shall be given in writing to
the developer. Any plan disapproved by the City's
Transportation Management Coordinator must be
revised by the developer and resubmitted to the
City's Transportation Management Coordinator within
30 days of the notice of disapproval.
(b) Developer Worksite Transportation Plans
shall include those items listed in Section 9226
which relate to facility improvements that the
developers may implement. Examples of developer
plan elements include preferential parking areas,
bicycle storage lockers, showers and lockers, and
transit bays.
(c) An approved worksite transportation plan
shall be required prior to issuance of a building
permit.
(d) Developers shall not be required to
update approved transportation management plans.
However, compliance with such plans shall be
accomplished by the requirement set forth in Section
9227 that employer worksite plans be consistent with
developer plans for the worksite, unless the
Transportation Management Coordinator approves
alternative plan components.
(e) A developer may amend a Worksite
Transportation Plan subsequent to approval of such
plan by submitting a plan revision. A subsequent
owner may amend a plan in the same manner. The
amended plan shall not be effective until approved
by the City's Transportation Management Coordinator.
SECTION 9232. Transportation Mitigation
Monitoring.
(a) Annual Report and Plan Update. Ongoing
monitoring of an approved Worksite Transportation
Plan shall be conducted by the employer using
standardized forms approved by the City in order to
monitor progress in achieving transportation
mitigation goals. An annual report shall be
submitted twelve (12) months from the date of the
initial plan approval date. The City shall notify
the employer of the submittal deadlines for the
review and update. The annual report shall focus on
ridesharing and trip-reduction incentives offered by
the employer. The review and update shall consist
of a report that:
(1) Calculates AVR levels attained
under the approved plan.
(2) Verifies that the plan incentives
have been offered.
(3) Determines the number and
percentage of the project population that
participated in rideshare activities, by mode, since
the last reporting date.
(4) Determines the use of Code-required
on-site parking facilities (i.e., number of spaces
for visitors, single occupant vehicles, carpools,
vanpools, etc.) and the progress made since the last
reporting date.
(5) Determines the use of off-site
parking to achieve rideshare and transit objectives
since the last reporting date.
(6) Determines the number of transit
tokens/passes sold to project employees at full or
discounted prices since the last reporting date.
(7) Determines the number of employees
on flextime schedules or on compressed schedules and
the number of employees who telecommute.
(8) Determines the number of bicyclists
and the number of bicycle racks and lockers
installed since the last reporting date.
(9) Determines the physical condition
of project-related TSM capital improvements.
(10) Determines morning and evening peak
period vehicle trips to and from site.
(11) Identifies and evaluates objectives
of the plan that did or did not work and provides an
explanation of why the revised plan is likely to
achieve the AVR target levels, listing additional
incentives which can reasonably be expected to
correct deficiencies.
(12) Provides the name of the
designated person or trained Worksite Transportation
Coordinator at each site responsible for the
preparation, implementation, and monitoring of the
plan.
(13) Includes an employee survey which
is not more than six months old, or other mechanism
approved by the Parking and Traffic Engineer. This
survey must be taken over five consecutive workdays
(Monday through Friday). This survey must have a
minimum response rate of 75% of employees who report
to work between 6:00 a.m. and 10:00 a.m. inclusive
Monday through Friday, and 75% of employees who
report to work or leave work between 3:00 p.m. and
7:00 p.m. inclusive Monday through Friday.
(14) Provides a zip code listing
showing where all employees live who report to the
worksite during the peak periods.
(15) Lists public transit services
serving the worksite, indicating the specific
locations of nearby transit stops.
(16) Includes a management commitment
cover letter signed by the highest ranking official
on site.
(17) Provides a description of the
general type of business and any unique aspects,
such as seasonal fluctuations in the number of
employees and/or any business cycles.
(18) Includes updates and revisions to
the Worksite Transportation Plan as the City's
Transportation Management Coordinator deems
appropriate, if the annual report indicates that the
goals of the previously approved Worksite
Transportation Plan have not been met.
(b) City Audit. The City shall perform
follow-up audits on a selective basis. Employers
shall receive at least ten (10) days notice of such
an audit. An audit may include, but shall not be
limited to, an on-site inspection and a
demonstration that an employer is performing the
ongoing monitoring required by this Section.
SECTION 9233. Enforcement.
(a) Violations of This Chapter.
(1) No business license shall be
renewed if an employer has not paid the fee required
by this Chapter.
(2) Failure to submit an initial plan,
annual report and plan update, or mandatory plan
revisions, or failure to implement provisions of an
approved plan, is a violation of this Chapter.
(3) Each day that a developer or
employer violates the provisions of this Chapter or
the terms and conditions of any approved worksite
transportation plan shall constitute a separate
violation.
(b) Enforcement Actions. In addition to any
other remedy provided for by law, the City may take
the following actions for violation of this Chapter
or of the terms and conditions of any approved
Worksite Transportation Plan:
(1) Require the addition of elements to
a work or development site plan submitted by an
employer or developer.
(2) Transfer authority for plan
implementation from an employer or developer to the
City.
(3) Institute proceedings to revoke any
approval of a worksite transportation plan.
(4) Revoke the business license held by
any violator, following the procedures set forth in
Section 9150.6 of the Municipal Code.
(5) Impose an enforcement fee as
provided for in Section 9232C.
(6) Request that the City Attorney take
appropriate enforcement action. Referral by the
City's Transportation Management Coordinator is not
a condition precedent to any enforcement action by
the City Attorney.
(7) For violators with 100 or more
employees, refer the matter to the South Coast Air
Quality Management District ("SCAQMD"), for
appropriate action under Article 3, Chapter 4, Part
4 of Division 26 of the Health and Safety Code.
(c) Enforcement Fees.
(1) An enforcement fee shall be paid to
the City by each person who has violated the
provisions of this Chapter or the terms and
conditions of any Worksite Transportation Plan. The
purpose of this fee is to recover the costs of
enforcement from any person who violates the
provisions of this Chapter or any permit or
approval.
(2) Fees shall be assessed as follows:
(a) For the first violation
during a calendar year, there shall be no fee. The
City's Transportation Management Coordinator shall,
however, cause a warning notice to be mailed to the
violator.
(b) For the second violation
during the calendar year, the fee shall be Five
Dollars ($5.00) per employee per day.
(3) The City's Transportation
Management Coordinator shall cause to be issued a
notice imposing enforcement fees under this Section.
The notice shall provide that the fee shall be due
and payable within fifteen (15) days from the date
of the notice. A penalty of ten percent (10%) per
month shall be added to any fees that have not been
paid when due.
(4) Any person upon whom fees have been
imposed pursuant to this Section may appeal the
action in accordance with the following procedure:
(a) A notice of appeal shall be
filed with the City's Transportation Management
Coordinator within ten (10) days of the date of the
notice.
(b) At the time of filing the
notice of appeal, the appellant shall deposit with
the City Treasurer money in the amount of all fees
due. If, as a result of the hearing, it is
determined that the City is not entitled to all or a
portion of the money, the City shall refund to the
person all or a portion of the money deposited.
(c) The Worksite Transportation
Plan Appeals Board ("WTP Appeals Board") shall hold
a hearing on the appeal within forty-five (45) days
of the date of filing of the appeal. The City shall
give the appellant at least five (5) days notice of
the time and place of the hearing. The WTP Appeals
Board shall render a decision within fifteen (15)
days of the date of the hearing. The purpose of the
hearing shall be limited to whether or not the
violation occurred.
(d) The WTP Appeals Board shall
uphold an appeal of an enforcement fee under this
Section in only one of the following circumstances:
1. An error has been made
in calculating the enforcement fee.
2. The person is found not
to have been violating the provisions of this
Chapter or the terms and conditions of the Worksite
Transportation Plan.
(e) The decision of the WTP
Appeals Board shall be final except for judicial
review and there shall be no appeal to the City
Council.
(f) Any notice issued pursuant to
this Section shall set forth the appeal rights as
provided for in this subsection.
(g) Any notice of revocation
issued pursuant to this Section shall be final upon
the expiration of the appeal period if no appeal is
timely filed or upon the decision of the WTP Appeals
Board.
SECTION 9234. Administrative Appeals.
(a) Disapproval of a Worksite Transportation
Plan by the City's Transportation Management
Coordinator, including a revision of such a plan,
may be appealed to the Worksite Transportation Plan
Appeals Board.
(b) An appeal of an action by the City's
Transportation Management Coordinator shall be filed
with the City's Parking and Traffic Division within
ten (10) consecutive calendar days following the
date of action from which an appeal is taken. If no
appeal is timely filed, the action by the City's
Transportation Management Coordinator shall be
final.
(c) A hearing on an appeal shall be scheduled
within sixty (60) days of the date of filing of an
appeal. Notice of an appeal hearing shall be mailed
to the appellant not less than ten (10) consecutive
calendar days prior to the hearing scheduled before
the Worksite Transportation Appeals Board.
(d) A written decision on an appeal shall be
issued thirty (30) days from the date of hearing.
(e) An action of the City's Transportation
Management Coordinator that is appealed to the
Worksite Transportation Plan Appeals Board shall not
become effective unless and until approved by the
Worksite Transportation Appeals Board.
(f) A decision of the WTP Appeals Board on a
Worksite Transportation Plan shall be final except
for judicial review and there shall be no appeal to
the City Council.
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, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney