HomeMy WebLinkAboutReg 2008-05-05 Item 5C - Ordinance - Commute Trip Reduction Plan (CTR) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-051 I ORIGINAL AGENDA DA 1'P: APRIL 28, 2008
AGENDA BEM TITLE Adopt CTR Ordinance and Repeal #1868 of TMC and Adopt City of Tukwila Local CTR
Plan
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 04/28/08 Mtg Date Mtg Date Mtg Date 05/05/08 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW"
SPONSOR'S Adopt new CTR Ordinance and repeal #1868 to reflect changes in the CTR Efficiency Act
SUMMARY and adopt City of Tukwila Local CTR Plan
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIt: 4/15/08
RECOMMENDATIONS:
SPoNsoR /ADML1NI. Recommend adoption of Ordinance and Local CTR Plan
COMMirrrEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$none
Fund Source:
Comments:
I MTG. DATE RECORD OF COUNCIL ACTION
I 4/28/08 Forward to Regular Meeting. The CTR plan was changed based on Council
comments at the 4/28/08 meeting.
MTG. DATE ATTACHMENTS
4/28/08 Informational memorandum dated 4/21/08
Summary of Changes to CTR Ordinance #1868
Tukwila Municipal Code 9.44 regarding CTR
Draft CTR Ordinance
City of Tukwila Local CTR Plan (provided under separate cover)
Minutes from the Transportation Committee meeting of 4/15/08
5/5/08 Ordinance in final form
09
1908,/�
C ity of Tuk
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION
9.44, "COMMUTE TRIP REDUCTION PLAN AND PROGRAM
REQUIREMENTS," TO REFLECT CHANGES IN STATE POLICY;
ADOPTING THE TUKWILA COMMUTE TRIP REDUCTION (CTR) PLAN
AND IMPLEMENTING MEASURES AS REQUIRED BY RCW 70.94.527;
REPEALING ORDINANCE NO. 1868; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EF•ECTIVE DATE.
WHEREAS, the City of Tukwila recognizes the importance of increasing citizens'
awareness of global warming, air quality, energy consumption, traffic congestion, and
the contribution individual actions can make towards addressing these issues; and
WHEREAS, State policy, set forth in RCW 70.94.527(4), requires the City of Tukwila
to develop and implement a program and plan to reduce single- occupant vehicle
commute trips and vehicle miles traveled for the City and affected employers; and
WHEREAS, this ordinance is consistent with the Commute Trip Reduction (CTR)
Board Guidelines; and
WHEREAS, changes in State legislation require clarification and amendments to
existing City of Tukwila code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 9.44, "Commute Trip Reduction Plan and Program
Requirements," of the Tukwila Municipal Code (TMC), is hereby amended to read as
follows:
9.44.010 Purpose
A. The purpose of TMC Chapter 9.44 is to improve air quality, reduce traffic
congestion, and minimize energy consumption. These regulations are prepared to
comply with RCW 70.94.521, by requiring employer -based programs that encourage
employees to find alternatives to drive -alone commuting, with collaboration between
the City of Tukwila and affected employers.
B. The Commute Trip Reduction Plan for the City of Tukwila, as required by
RCW 70.94.527, is hereby adopted by reference hereto as it appears in Attachment A, or
as hereto amended by ordinance of the City Council.
9.44.020 Definitions
For the purpose of this ordinance, the following definitions shall apply in the
interpretation and enforcement of this ordinance:
1. "Affected Employee" means a full -time employee who begins his or her regular
workday at a single worksite between 6:00 and 9:00 AM (inclusive) on two or more
weekdays for at least 12 continuous months. Seasonal, agricultural employees,
including seasonal employees of processors of agricultural products, are excluded from
the count of affected employees.
2. "Affected Employer" means an employer that employs 100 or more full-time
employees at a single worksite who are scheduled to begin their regular workday
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between 6:00 and 9:00 Aim (inclusive) on two or more weekdays for at least 12
continuous months. Construction worksites, when the expected duration of the
construction is less than two years, are excluded from this definition.
3. "Alternative Mode" means any means of commute transportation other than that
in which the single- occupant motor vehicle is the dominant mode, including
telecommuting and compressed work weeks, if they result in reducing commute trips.
4. "Alternative Work Schedules" means programs such as compressed work weeks
that eliminate work trips for affected employees.
5. "Base Year" means the 12 -month period that commences when a major
employer is determined by the local jurisdiction to be participating within the local Cl R
program. The City of Tukwila uses this 12 -month period as the basis upon which it
develops local commute trip reduction goals.
6. "Base Year Survey" or "Baseline Measurement" means the survey, during the base
year, of employees at a major employer worksite to determine the drive -alone rate and
vehicle miles traveled per employee at the worksite. The jurisdiction uses this
measurement to develop commute trip reduction goals for the major employer. The
baseline measurement must be implemented in a manner that meets the requirements
specified by the City of Tukwila.
7. "Carpool" means a motor vehicle, occupied by two to six people traveling
together for their commute trip, resulting in the reduction of a minimum of one motor
vehicle commute trip.
8. "Commute Trips" means trips made from a worker's home to a worksite
(inclusive) on weekdays.
9. "CTR Plan" means the City of Tukwila's plan and ordinance to regulate and
administer the CTR programs of affected employers within its jurisdiction.
10. "CTR Program" means an employer's strategies to reduce employees' drive
alone commutes and vehicle miles traveled (VMT) per employee.
11. "Compressed Work Week" means an alternative work schedule, in accordance
with employer policy, that regularly allows a full-time employee to eliminate at least
one work day every two weeks by working longer hours during the remaining days,
resulting in fewer commute trips by the employee. This definition is primarily intended
to indude weekly and bi- weekly arrangements, the most typical being four 10 -hour
days or 80 hours in nine days, but may also include other arrangements.
12. "Custom Bus/Buspool" means a commuter bus service arranged specifically to
transport employees to work.
13. "Dominant Mode" means the mode of travel used for the greatest distance of a
commute trip.
14. "Drive Alone" means a motor vehicle occupied by one employee for commute
purposes, including a motorcycle.
15. "Drive -Alone Trips" means commute trips made by affected employees in single
occupant vehicles.
16. "Employee" means anyone who receives financial or other remuneration in
exchange for work provided to an employer, including owners or partner of the
employer.
17. "Employee Transportation Coordinator (ETC)" means a person who is designated
as responsible for the development, implementation and monitoring of an employer's
CTR program.
18. "Employer" means a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture, agency, department, district, or
other individual or entity, whether public, non -profit or private, that employs workers.
19. "Exemption" means a waiver from any or all CIR program requirements
granted to an employer by a city, based on unique conditions that apply to the
employer or employment site.
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20. "Flex- Time" is an employer policy that provides work schedules allowing
individual employees flexibility in choosing the start and end time, but not the number
of their working hours.
21. "Full -Time Employee" means a person, other than an independent contractor,
scheduled to be employed on a continuous basis for 52 weeks for an average of at least
35 hours per week.
22. "Good Faith Effort" means that an employer has met the minimum requirements
identified in RCW 70.94.531 and this ordinance, and is working collaboratively with the
City of Tukwila to continue its existing Cl'R program or is developing and
implementing program modifications likely to result in improvements to its Cl R
program over an agreed -upon length of time.
23. "Implementation" means active pursuit by an employer of the CTR goals of
RCW 70.94.521 -555 and this ordinance, as evidenced by appointment of an h1C,
distribution of information to employees regarding alternatives to drive -alone
commuting, and commencement of other measures according to its approved CIR
program and schedule.
24. Major Employer" means a private or public employer, including state agencies,
that employs 100 or more full -time employees at a single worksite who begin their
regular workday between 6:00 and 9:00 AM on weekdays for at least 12 continuous
months during the year.
25. "Major Employer Worksite" or "Affected Employer Worksite" or Worksite" means
the physical location occupied by a major employer, as determined by the local
jurisdiction.
26. "Major Employment Installation" means a military base or federal reservation, or
other facilities as designated by the City of Tukwila, at which there are 100 or more full
time employees who begin their regular workday between 6:00 and 9:00 AM on
weekdays for at least 12 continuous months during the year.
27. "Mode" is the means of transportation or alternate mode used by employees,
such as single occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit,
ferry, bicycle, walking, compressed work schedule and telecommuting.
28. "Notice" means written communication delivered via the United States Postal
Service with receipt deemed accepted three days following the day on which the notice
was deposited with the Postal Service, unless the third day falls on a weekend or legal
holiday, in which case the notice is deemed accepted the day after the weekend or legal
holiday.
29. "Peak Period" means the hours between 6:00 and 9:00 AM (inclusive), Monday
through Friday, except legal holidays.
30. "Peak Period Trip" means any employee trip that delivers the employee to begin
his or her regular workday between 6:00 and 9:00 AM (inclusive), Monday through
Friday, except legal holidays.
31. "Proportion of Drive -Alone Trips" or "Drive -Alone Rate" means the number of
commute trips over a set period made by affected employees in single- occupancy
vehicles, divided by the number of potential trips taken by affected employees working
during that period.
32. "Ride Matching Service" means a system that assists in matching commuters for
the purpose of commuting together.
33. "Telecommuting" means the use of telephones, computers, or other similar
technology to permit an employee to work from home, eliminating a commute trip, or
to work from a work place closer to home, reducing the distance traveled in a commute
trip by at least half.
34. "Transit" means a multiple- occupant vehide operated on a for -hire, shared -ride
basis, including bus, passenger ferry, rail, shared -ride taxi, shuttle bus, or vanpool.
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35. "Transportation Demand Management (TDM)" means a broad range of strategies
that are primarily intended to reduce and reshape demand on the transportation
system.
36. "Transportation Management Association (TMA)" means a group of employers or
an association representing a group of employers in a defined geographic area. A TMA
may represent employers within specific city limits or may have a sphere of influence
that extends beyond city limits.
37. "Urban Growth Area" means the City of Tukwila in its entirety.
38. "Vanpool" means a vehicle occupied by 4 to 15 people traveling together for
their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.
39. "Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual
vehicle commute trip lengths in miles made by employees over a set period, divided by
the number of employees during that period.
40. 'Week" means a seven -day calendar period starting on Monday and continuing
through Sunday.
41. 'Weekday" means any day of the week except Saturday or Sunday.
42. "Writing," "Written" or "In Writing" means original signed and dated
documents. Facsimile (fax) transmissions are a temporary notice of action that must be
followed by the original signed and dated document via mail or delivery.
9.44.030 CTR Goals
A. Commute Trip Reduction Goals for the Urban Growth Area.
1. The City of Tukwila's goals for reductions in the proportions of drive -alone
commute trips and vehicle miles traveled (VMT) per employee by affected employers in
the City are hereby established by reference to the City of Tulcwila's C1'R plan. These
goals establish the desired level of performance for the CTR program in its entirety in
the City of Tukwila. Future adopted versions of the CAR plan may establish new goals
for the urban growth area and affected employers. This ordinance is not required to be
amended in order for the new adopted goals to take effect.
2. The City of Tukwila will set the individual worksite goals for affected
employers based on how the worksite can contribute to the City's overall goal for its
urban growth area.
B. Commute Trip Reduction Goals for the Urban Growth Area.
1. The drive -alone and VMT goals for affected employers in the City are
hereby established as set forth in the CTR plan.
2. If the goals for an affected employer or newly affected employer are not
listed in the CTR plan, they shall be established by Tukwila at a level designed to
achieve the goals for the urban growth area. The City shall provide written notification
of the goals for each affected employer worksite by either incorporating the information
into the results of the baseline measurement or subsequent survey measurements, or
providing the information when the City reviews the employer's proposed CTR
program.
3. Each affected employer is required to develop and implement a CIR
program that is designed to meet the affected worksite's assigned Cl'R goals.
C. Recognition for Commute Trip Reduction Efforts. As public recognition for their
efforts, affected employers who meet or exceed the Cl'R goals as set forth in Section
9.44.030.B will receive a Commute Trip Reduction Certificate of Leadership from the
City.
9.44.040 Responsible City Agencies
The Mayor of the City of Tukwila shall be responsible for implementing this
ordinance, the CTR plan, and the City's CTR program, together with any authority
necessary to carry out such responsibilities such as rule- making or certain
administrative decisions.
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9.44.050 Applicability
A. Generally, the provisions of this ordinance shall apply to any affected employer
within the corporate city limits of the City of Tukwila.
B. Notification of Applicability.
1. In addition to the City's established public notification for adoption of an
ordinance, a notice of availability of a summary of this ordinance, a notice of the
requirements and criteria for affected employers to comply with the ordinance, and
subsequent revisions shall be published at least once in the newspaper of record of the
City of Tukwila, not more than 30 days after passage of this ordinance or amendments.
2. Affected employers Located in Tukwila are to receive written notification
that they are subject to this ordinance. Such notice shall be addressed to the company's
chief executive officer, senior official, or Bit at the worksite. Such notification shall
provide 90 days for the affected employer to perform a baseline measurement
consistent with the measurement requirements outlined by WAC 468 -63 -050 or as
defined by the City of Tukwila LTR Coordinator.
3. Affected employers that, for whatever reason, do not receive notice within
30 days of passage of the ordinance and are either notified or identify themselves to the
City within 90 days of the passage of the ordinance will be granted an extension of up
to 90 days within which to perform a baseline measurement consistent with the
measurement requirements specified by the City.
4. Affected employers that have not been identified or do not identify
themselves within 90 days of the passage of the ordinance and do not perform a
baseline measurement consistent with the measurement requirements specified by the
City within 90 days from the passage of the ordinance are in violation of this ordinance.
5. If an affected employer has already performed a baseline measurement, or
an alternative acceptable to the City under previous iterations of this ordinance, the
employer is not required to perform another baseline measurement.
C. Newly- Affected Employers.
1. Employers meeting the definition of "affected employer" in this ordinance
must identify themselves to the City within 90 days of either moving into the
boundaries of Tukwila or growing in employment at a worksite to 100 or more affected
employees. Employers who do not identify themselves within 90 days are in violation
of this ordinance.
2. Newly- affected employers identified as such shall be given 90 days to
perform a baseline measurement consistent with the measurement requirements
specified by the City. Employers who do not perform a baseline measurement within
90 days of receiving written notification that they are subject to this ordinance are in
violation of this ordinance.
3. Newly affected employers identified as such will also be given 90 days to
designate an ETC to work closely with the City's CIR Coordinator to develop,
implement, and monitor strategies and processes to meet defined CTR goals for their
specific job site. if for any reason the ETC is displaced from the position, a new
Transportation Coordinator must be designated by the employer within 90 days.
Employers who fail to designate an ETC within 90 days of being identified as an
affected employer, or in the event of the absence of a current ETC position, are in
violation of this ordinance.
4. Not more than 90 days after receiving written notification of the results of
the baseline measurement, the newly affected employer shall develop and submit a
commute trip reduction program to the City of Tukwila. The program shall be
implemented not more than 90 days after approval by the City. Employers who do not
implement an approved commute trip reduction plan according to this schedule are in
violation of this ordinance.
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D. Chnnge in Status as an Affected Employer. Any of the following changes in an
employer's status will change the employer's CTR program requirements:
1. If an employer initially designated as an affected employer no longer
employs 100 or more affected employees and expects not to employ 100 or more
affected employees for the next 12 months, that employer is no longer an affected
employer. It is the responsibility of the employer to notify the City that it is no longer
an affected employer.
2. If the same employer returns to the level of 100 or more affected employees
within the same 12 months, that employer will be considered an affected employer for
the entire 12 months and will be subject to the same program requirements as other
affected employers.
3. If the same employer returns to the level of 100 or more affected employees
12 or more months after its change in status to an "unaffected" employer, that employer
shall be treated as a newly- affected employer and will be subject to the same program
requirements as other newly affected employers.
9.44.060 Requirements for Employers
A. Compliance Required. An affected employer is required to make a good faith
effort, as defined in RCW 70.94.534(2) and this ordinance, to develop and implement a
CTR program that will encourage its employees to reduce VMT per employee and
drive -alone commute trips. The employer shall submit a description of its program to
the City of Tukwila, and provide an annual progress report to the City on employee
commuting and progress toward meeting the drive -alone reduction goals. The C1'R
program must include the mandatory elements as described in this section.
B. CTR Program Description Requirements.
1. The C1R program description presents the strategies to be undertaken by
an employer to achieve the commute trip reduction goals for each goal year. Employers
are encouraged to consider innovative strategies and combine program elements in a
manner that will best suit their location, site characteristics, business type, and
employees' commuting needs. Employers are further encouraged to cooperate with
each other and to foist or use transportation management associations in developing
and implementing CfR programs.
2. At a minimum, the employer's CfR program description must include:
a. a general description of the employment site location, transportation
characteristics, and surrounding services, including unique conditions experienced by
the employer or its employees;
b. number of employees affected by the CTR program;
c. documentation of compliance with the mandatory Cl R program
elements (as described in this section);
d. description of the additional elements included in the C.1 program
(as described in this section); and
e. a schedule of implementation, assignment of responsibilities, and
commitment to provide appropriate resources.
C. IYfandatonj Program Elements. Each employer's C1R program shall include the
following mandatory elements:
1. Employee Transportation Coordinator. The employer shall designate an ETC
to administer the C1R program. The ETC and /or designee's name, location, and
telephone number must be displayed prominently at each affected worksite. The ETC
shall oversee all elements of the employer's CTR program and act as liaison between the
employer and the City of Tukwila. The objective is to have an effective Transportation
Coordinator presence at each worksite; an affected employer with multiple sites may
have one ETC for all sites. The Transportation Coordinator must complete the basic
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ETC training course as provided by King County within six months of assuming the
status of designated transportation coordinator, in order to help ensure consistent
knowledge and understanding of CTR laws, rules, and guidelines statewide.
2. Information Distribution. Information about alternatives to drive -alone
commuting shall be provided to employees at least once a year. Each employer's
program description and annual report must report the information to be distributed
and the method of distribution. The information distributed shall be forwarded to the
City's CTR Coordinator upon distribution to employees, to ensure a consistent
marketing element in promoting the targeted and accomplished goals of the employer's
CTR program.
3. Regular Review. The UR program must include a regular review of
employee commuting and progress and good -faith efforts toward meeting the drive
alone reduction goals. Affected employers shall file a regular progress report with the
City of Tukwila in accordance with the format provided by the City. The report shall
describe each of the CTR measures that were in effect for the previous year, the results
of any commuter surveys undertaken during the year, and the number of employees
participating in CIR programs. Within the report, the employer should evaluate the
effectiveness of the CTR program and, if necessary, propose modifications to achieve
the CTR goals. Survey information or approved alternative information must be
provided in the reports.
4. Biennial Measurement. In addition to the baseline measurement, employers
shall conduct a program evaluation as a means of determining worksite progress
toward meeting CTR goals. As part of the program evaluation, the employer shall
distribute and collect Commute Trip Reduction Program Employee Questionnaires
(surveys) every two years, and strive to achieve at least a 70% response rate from
employees at the worksite.
D. Additional Proo am Elements. In addition to the specific program elements
described in this section, the employer's CTR program shall include additional elements
as needed to meet CTR goals. Elements may include, but are not limited to, one or
more of the following:
1. Provision of preferential parking or reduced parking charges, or both, for
high- occupancy vehicles;
2. Instituting or increasing parking charges for drive -alone commuters;
3. Provision of commuter ride matching services to facilitate employee ride
sharing for commute trips;
4. Provision of subsidies for transit or vanpool fares and /or transit passes;
5. Provision of vans or buses for employee ridesharing;
6. Provision of subsidies for carpools or vanpools;
7. Provision of incentives for employees that do not drive alone to work;
8. Permitting the use of the employer's vehicles for carpooling or vanpooling;
9. Permitting flexible work schedules to facilitate employees' use of transit,
carpools, or vanpools;
10. Cooperation with transportation providers to provide additional regular or
express service to the worksite;
11. Construction of special loading and unloading facilities for transit, carpool,
and vanpool users;
12. Provision of bicycle parking facilities, lockers, changing areas, and showers
for employees who bicycle or walk to work;
13. Provision of a program of parking incentives such as a rebate for
employees who do not use the parking facilities;
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14. Establishment of a program to permit employees to work part -time or full
time at home or at an alternative worksite closer to their homes;
15. Establishment of a program of alternative work schedules, such as a
compressed work week, which reduces commuting;
16. Implementation of other measures designed to facilitate the use of high
occupancy vehicles, such as on -site daycare facilities and emergency taxi services;
17. Charging employees for parking, and /or the elimination of free parking;
18. Intensive marketing campaigns through the distribution of informational
newsletters, emails, brochures, or memos in a consistent mariner.
9.44.070 Record Keeping
Affected employers shall include a list of the records they will keep as part of the
CTR program as submitted to the City of Tukwila for approval. Employers will
maintain all records listed in their CTR program for a minimum of 24 months. The City
and the employer shall agree on the recordkeeping requirements as part of the accepted
CTR program.
9.44.080 Schedule and Process for CTR Reports
A. CTR Program. Not more than 90 days after the adoption of this ordinance, or
within three months after an employer qualifies under the provisions of this ordinance,
the employer shall perform a baseline measurement consistent with the measurement
requirements specified by the City of Tukwila. Not more than 90 days after receiving
written notification of the results of the baseline measurement, the newly affected
employer shall develop and submit a commute trip reduction program to the City's
CfR Coordinator. The program shall be implemented not more than 90 days after
approval by the CIR Coordinator.
B. Document Review. The City of Tukwila shall provide the employer with written
notification if a CTR program is deemed unacceptable. The notification must give cause
for any rejection. If the employer receives no written notification of extension of the
review period of its CfR program or comment on the CAR program or annual report
within 90 days of submission, the employer's program or annual report is deemed
accepted. The City may extend the review period up to an additional 90 days. The
implementation date for the employer's CfR program will be extended an equivalent
number of days.
C. CTR Annual Progress Reports. Upon review of an employer's initial ClR
program, the City of Tukwila shall establish the employer's annual reporting date,
which shall not be less than 12 months from the day the program is submitted. Each
year on the employer's reporting date, the employer shall submit to the City its annual
CTR report.
D. Modification of CTR Program Elements. Any affected employer may submit a
request to the City of Tukwila for modification of CM requirements. Such request may
be granted if one of the following conditions exist:
1. The employer can demonstrate it would be unable to comply with the CTR
program elements for reasons beyond the control of the employer; or
2. The employer can demonstrate that compliance with the program elements
would constitute an undue hardship.
E. Extensions. An employer may request additional time to submit a CTR
program or CTR annual progress report or to implement or modify a program. Such
requests shall be via written notice at least 30 days before the due date for which the
extension is being requested. Extensions not to exceed 90 days shall be considered for
reasonable causes. The City of Tukwila shall grant or deny the employer's extension
request by written notice within ten working days of its receipt of the extension request.
If there is no response issued to the employer, an extension is automatically granted for
30 days. Extensions shall not exempt an employer from any responsibility in meeting
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program goals. Extensions granted due to delays or difficulties with any program
element(s) shall not be cause for discontinuing or failing to implement other program
elements. An employer's annual reporting date shall not be adjusted permanently as a
result of these extensions. An employer's annual reporting date may be extended at the
discretion of the City.
F. Implementation of Employer's CTR Proo am. Unless extensions are granted, the
employer shall implement its approved CTR program, including approved program
modifications, not more than 90 days after receiving written notice from the City of
Tukwila that the program has been approved.
9.44.090 Enforcement
A. Compliance. For purposes of this section, compliance shall mean fully
implementing in good faith all provisions in an approved CIE program.
B. Proo am Modification Criteria. The following criteria for achieving goals for VMT
per employee and proportion of drive -alone trips shall be applied in determining
requirements for employer CIE program modifications:
1. If an employer meets either or both goals, the employer has satisfied the
objectives of the Cr1Z plan and will not be required to modify its C11Z program.
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2)
and this ordinance, but has not met or is not likely to meet the applicable drive -alone or
VMT goal, the City /County shall work collaboratively with the employer to make
modifications to its CTR program. After agreeing on modifications, the employer shall
submit a revised Cr1Z program description to the City /County for approval within 30
days of reaching agreement.
3. If an employer fails to make a good faith effort as defined in RCW
70.94.534(2) and this ordinance, and fails to meet the applicable drive -alone or VMT
reduction goal, the City of Tukwila shall work collaboratively with the employer to
identify modifications to the CTR program, and shall direct the employer to revise its
program within 30 days to incorporate the modifications. In response to the
recommended modifications, the employer shall submit a revised CIE program
description, including the requested modifications or equivalent measures, within 30
days of receiving written notice to revise its program. The City shall review the
revisions and notify the employer of acceptance or rejection of the revised program. If a
revised program is not accepted, the City will send written notice to that effect to the
employer within 30 days and, if necessary, require the employer to attend a conference
with program review staff for the purpose of reaching a consensus on the required
program. A final decision on the required program will be issued in writing by the City
within ten working days of the conference.
C. Violations. The following constitute violations if the deadlines established in
this ordinance are not met:
1. Failure to perform a baseline measurement, including:
a. Employers notified or that have identified themselves to the City of
Tukwila within 90 days of the ordinance being adopted and that do not perform a
baseline measurement consistent with the requirements specified by the City within 90
days from the notification or self identification.
b. Employers not identified or self identified within 90 days of the
ordinance being adopted and that do not perform a baseline measurement consistent
with the requirements specified by the City within 90 days from the adoption of the
ordinance.
2. Failure to develop and/ or submit on time a complete CTR program.
3. Failure to implement an approved CTR program, unless the program
elements that are carried out can be shown through quantifiable evidence to meet or
exceed VMT and drive -alone goals as specified in this ordinance.
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4. Failure to designate an ETC within 90 days from notification or self
identification, to implement and carry out the approved CfR program elements.
5. Failure to make a good faith effort, as defined in RCW 70.94.534 and this
ordinance.
6. Failure to revise a CfR program as defined in RCW 70.94.534(4) and this
ordinance.
D. Penalties.
1. No affected employer with an approved CUR program, which has made a
good faith effort, may be held liable for failure to reach the applicable drive -alone or
VMT goal.
2. Any violation of any provision, or failure to comply with any of the
requirements of this chapter, shall be subject to the terms and conditions of Chapter
8.45.
3. An affected employer shall not be liable for civil penalties if failure to
implement an element of a CTR program was the result of an inability to reach
agreement with a certified collective bargaining agent under applicable laws where the
issue was raised by the employer and pursued in good faith. Unionized employers
shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provision of the employer's CTR
program that is subject to bargaining as defined by the National Labor Relations Act;
and
b. Advise the union of the existence of the statute and the mandates of
the CTR program approved by the City of Tukwila, and advise the union that the
proposal being made is necessary for compliance with State law (RCW 70.94.531).
9.44.100 Exemptions and Goal Modifications
A. Worksite Exemptions. An affected employer may request the City of Tukwila to
grant an exemption from all Cf14 program requirements or penalties for a particular
worksite. The employer must demonstrate that it would experience undue hardship in
complying with the requirements of the ordinance as a result of the characteristics of its
business, its work force, or its location(s). An exemption may be granted if, and only if,
the affected employer demonstrates that it faces extraordinary circumstances, such as
bankruptcy, and is unable to implement any measures that could reduce the proportion
of drive -alone trips and WIT per employee. The City shall issue a decision regarding an
exemption no more than 30 days from receiving a written request from the employer
for such status. The notice should clearly explain the conditions for which the affected
employer is seeking an exemption from the requirements of the CfR program. Appeals
to these decisions are addressed in Section 9.44.110, "Appeals," of this ordinance. The
City shall review annually all employers receiving exemptions, and shall determine
whether the exemption will be in effect during the following program year.
B. Employee Exemptions. Specific employees or groups of employees who are
required to drive alone to work as a condition of employment may be exempted from a
worksite's (=fR program. Exemptions may also be granted for employees who work
variable shifts throughout the year and who do not rotate as a group to identical shifts.
The City of Tukwila will use the criteria identified in the State C:1R Board Guidelines
outlined in RCW 70.94.521 to assess the validity of employee exemption requests. All
employee exemption requests received by September 30 of each year shall be
administratively reviewed by December 31 of the same year, and shall determine
whether the exemption will be in effect during the following program year.
C. Modification of CTR Program Goals.
1. An affected employer may request that the City of Tukwila modify its Cilt
program goals. Such requests shall be filed in writing at least 60 days prior to the date
the worksite is required to submit its program description or annual report. The goal
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modification request must clearly explain why the worksite is unable to achieve the
applicable goal. The worksite must also demonstrate that it has implemented all of the
elements contained in its approved CTR program.
2. The City of Tukwila will review and grant or deny requests for goal
modifications in accordance with procedures and criteria identified in the CIR Board
Guidelines.
3. An employer may not request a modification of the applicable goals until
one year after the City's approval of its initial program description or annual report.
9.44.110 Appeals
A. Any affected employer may appeal administrative decisions made by the City
regarding exemptions, modification of goals, C1R program elements. Appeals must
arrive, by registered mail, within 14 calendar days following an administrative decision
from the City. An appeal must be made in writing and specify the decision being
appealed, as well as the specific basis for the appeal.
B. The City's Hearing Examiner shall hear timely appeals. Determinations made
in the review of such appeals shall be based on consistency with State statutes RCW
70.94.521 -551.
Section 2. Repealer. Ordinance No. 1868, as codified at TMC 9.44, is hereby
repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City of Tukwila, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2008.
A I hST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment A: The City of Tukwila CTR Plan
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