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Home My WebLink AboutCOW 2008-04-28 Item 4D - Ordinance - Commute Trip Reduction Plan (CTR) COUNCIL AGENDA SYNOPSIS Initial; ITEM No. O 11 Meetin,Date Prepared 4, Mayor's review Caunjreview Q �t1/ SCI I 04/28/08 JP WI .�s► 05/05/08 I JP 1 111 17 U `I I G i ITEM INFORMATION CAS NUMBER: 08-051 I ORIGINAL, AGENDA DATE: APRIL 28, 2008 AGENDA ITEM 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 iVitg Date Mtg Date MlMtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIS 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. DA LE: 4/15/08 RECOMMENDATIONS: SPONSOR /ADMEN. Recommend adoption of Ordinance and Local CTR Plan CONE TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none Fund Source: Comments: MTG. DATE E RECORD OF COUNCIL ACTION 4/28/08 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 �j�I \LA 1 City Tukwila �i f i 10 Jim Haggerton, Mayor O y, Department of Community Development Jack Pace, Director 1908 INFORMATION MEMO To: Council Members and \yor Haggerton From: Jack Pace, DCD Direct: Date: April 21, 2008 Subject: Local CTR Plan and Commute Trip Reduction Efficiency Act ISSUE Should the City adopt the Local CTR Plan as required by the Commute Trip Reduction Efficiency Act and should the City repeal CTR Ordinance #1868, Chapter 9.44 of the TMC and adopt a new CTR Ordinance? BACKGROUND Below is a summary of the current Commute Trip Reduction Program in Tukwila: 20 Tukwila employers (including the City of Tukwila) provide CTR programs for their employees. The number of affected CTR sites is updated annually by the City based on state criteria. CTR Coordinator is primarily funded by WSDOT to manage CTR programs of employers within the City of Tukwila Employers are required to complete Annual C 1'R Program Reports and biennial measurement surveys for progress toward goals 2007 Survey data for Tukwila affected employers shows daily Tukwila Single Occupancy Vehicle (SOV) Rate is 78% and Vehicle Miles Traveled (VMT) is 15.1 CTR Program has been mandated and operational since 1991 The City of Tukwila provides numerous services to assist CTR- affected employers with implementation of their CTR Programs, including the following: Technical assistance given to employers on statewide promotions such as Wheel Options and other incentive programs such as "Bike to Work Annual report training and Employee Transportation Coordinator training. Personalized assistance for coordinators and employees at employer worksites. Additionally, the City of Tukwila works closely with other local agencies to implement and promote trip reduction coordinating with King County, the cities of Seattle, Renton, Kent, SeaTac and Federal Way, the Washington State Department of Transportation, the Puget Sound Regional Council, and others. m( Page 1 04/21/2008 m -B. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665 DISCUSSION The CTR Efficiency Act of 2006, which replaced the previous CTR law, makes the following changes necessary for the City of Tukwila: Creation of an enhanced CTR Local Plan by July 2007 for submission to Puget Sound Regional Council (completed) Growth Transportation and Efficiency Center Plan (GTEC) for Tukwila Urban Center created in July 2007 for review by PSRC, and submitted to and certified by the CTR Board in November 2007. GTEC Plan for Southcenter was adopted by the Tukwila City Council in February 2008. (completed) Certification of Regional CTR Plan and Local CTR Plan by the governor- appointed C "1'R Board by January 2008 (completed) Ordinance adoption by mid 2008 and repeal of prior CTR Ordinance (pending) Implementation of Local CTR Plan by mid 2008 (pending) Local C l'R Plans are mandated by the State to include the following elements: Must state at least the minimum state target for SOV rates for employers and must state what local services and strategies will be used for achievement of goals along with the minimum requirements for affected employers. Minimum target is 10% SOV rate reduction and 13% VMT reduction by 2011. Must have required elements: Description of land use and transportation context, present and future plans, concurrency, investments in services and facilities Must evaluate barriers, cross boundary issues Must provide documentation of consultation about plan Must collaborate with employers, transit agencies and others stakeholders Must have sustainable financial plan showing private and public funding resources to meet goals and targets RECOMMIENDATION Adopt Local C 1'R Plan as certified and approved by State CTR Board. Repeal CTR Ordinance #1868, TMC chapter 9.44, Commute Trip Reduction Plan and Program Requirements and adopt a new CTR Ordinance to reflect the changes required by the CTR Efficiency Act of 2006. Attachments: City of Tukwila Local CTR Plan Draft C IR Ordinance (new) Ordinance #1868, chapter 9.44 TMC Summary of Changes for C IR Ordinance Transportation Committee meeting minutes dated April 15, 2008 ML Page 2 04121i2008 Memo Local CTR Plan and Ordinance 4 -16 Summary of changes to CTR ordinance #1868 Tukwila Municipal Code, Chapter 9.44 Definitions: TMC 9.44.010 Added: "Base year survey [6.] "Carpool [7.] "Custom Bus/Buspool [12.] "Drive alone [14.] "Drive alone trips [15.] "Employee Transportation Coordinator [ETC] [17.] "Exemption [19.] "A major employer [24.] "Major employer worksite [25.] "Major employer installation [26.] "Peak period [29.] "Peak period trips [30.] "Ride matching services [32.] "Transit [34.]" and "Vanpool [38.]" Removed: "City "CTR zone "Employee "Single occupancy vehicle [SOV] "SOV trips "Single worksite" and "Waiver" The changes in definitions are to simples the code's intent and to better define emerging forms of transportation and processes that can help meet defined CTR goals. CTR Goals Section 9.44.030 [C.] is added to provide public recognition for meeting or exceeding defined CTR goals by an employer in the foiiii of a CTR certificate of leadership from the City. This addition will help to reinforce the efforts of ETCs at local jobsites and help to further the CTR program as a whole. Applicability Section 9.44.050 [C. Newly Affected Employers (3.)] is added requiring affected employers to designate an ETC within a 90 day period. The section also requires the employer to designate a new ETC if the title becomes vacated by the current ETC. Also provides language that defines the violation of the ordinance if these requirements are not followed according to the given timetable [which is also provided in the violations section of this ordinance]. This addition helps to provide an institutional directive for affected employers in defining their ETC. Requirements Section 9.44.060 [C. Mandatory Program Elements (1.)] requires that all designated ETCs complete the basic ETC training course within six months of assuming the status of ETC. This change is made to ensure that all local ETCs undergo a foiitlal training process in order to better understand their role in furthering local CTR laws and plans. Section 9.44.060 [Requirements for Employers [D., 18.] allows CTR affected worksites to incorporate intensive marketing strategies as an additional program element in striving to meet their defined reduction goals. This section is added to give employers more choices and approved strategies in working toward their defined goals. ■Ucb Page 1 04/07/2008 Summary of changes to CTR ordinance 2 Section 9.44.060 [C. Mandatory Program Elements (2.)] is added regarding the distribution of infoimation based on alternatives available to driving alone. The section requires worksite ETCs to provide such comprehensive material to its employees at least once a year. The section requires the ETC to report the method and frequency of infoitnation distributed on its annual report. Additionally, the section requires the ETC to forward the information distributed in order to "ensure a consistent marketing element in promoting the targeted and accomplished goals of the employer's CTI{ program." This addition helps in institutionalizing the specific marketing of CTR activities, the key component to affected worksite success in meeting their defined CTR goals. Exemptions and Goal Modifications Language is added to the worksite exemption defmition [9.44.100] that defines a 30 day time period for the City to respond to requests for an exemption to C 1'R program requirements. This addition provides specific requirements for the City to operate from in processing worksite exemption requests. Appeals Section 9.44.110 (A.) is added regarding appeals to administrative decisions regarding exemptions, modifications to goals, CTR program elements, violations and penalties. The section defines a time period 14 days for which such an appeal must be submitted after receiving the administrative decision from the City. Web Page 2 04/07/2008 Summary of changes to CTR ordinance 2 TITLE 9 VEHICLES AND TRAFFIC Chapter 9.38 Chapter 9.44 PENALTY FOR VIOLATION COMMUTE TRIP REDUCTION PLAN AND PROGRAM REQUIREMENTS Sections: i 9.38.010 Pen lty designated Sections: 9.38.020 Cert 'n penalties toile consistent with State 9.44.010 Definitions law f 9.44.020 Commute trip reduction goals 9.44.030 Designation of CTR zones and base year values 9.38.010 Penal des" nated 9.44.040 City CTR plan Unless anothr prnalty is expressly provided by 9.44.050 Authority law, every perso onvicted of a violation of any 9.44.060 Applicability provision of this tit. shall be punished by a fine not to 9.44.070 Determination of affected employer status exceed $5,000, or prisonment in jail for a term not 9.44.080 CTR program requirements and reporting exceeding one ear, or by both fine and 9.44.090 Program review, approval and imprisonment. implementation (Ord. 1370 §1(part), 1985) 9.44.100 Modification of CTR requirements and 9.38.020 C main penalties to be consistent with program elements State 9.38.020 9.44.110 Credit for prior employer programs 9.44.120 Employer peer review group All m for vehicle or affic violations prohibited by 9.44.130 Enforcement this titl and which ar: described by State statutes 9.44.140 Appeals adopte by reference in is title, are punishable as criminal offenses or as moth vehicle civil infractions in a manner consistent with Ch: .ters 20, 61, 63 and 64 of 9.44.010 Definitions Title 46 of the Revised Code if Washington, and other For the purpose of interpretation and enforcement State statutes prescribing puni iment or penalty. of this chapter, the following definitions shall apply. 1370 ,§(part), 1985) 1. "Affected employee" means a full -time employee who is scheduled to begin his or her regular workday at a single worksite between 6:00 AM and 9:00 AM (inclusive) on two or more weekdays per week for at least twelve continuous months. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership, and participants in a joint venture, shall be considered employees. 2. "Affected employer" means an employer that, for twelve continuous months, employs 100 or more full -time employees at a single worksite who are scheduled to begin their regular work day between 6:00 AM and 9:00 AM (inclusive) on two or more weekdays. The individual employees may vary dur- ing the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. 3. "Alternative mode" means any type 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 reduced commute trips. 4. `Alternative work schedules" means pro- grams such as compressed work weeks, flex -time, and working on Saturday and /or Sunday that eliminate employee commute trips between 6:00 AM and 9:00 AM for affected employees. 5. "Base year" means the period from Jan- uary 1, 1992, through December 31, 1992, on which Printed January 14, 2003 Page 9 TUKWILA MUNICIPAL CODE goals for vehicle miles traveled (VMT) per employee 17. "Good faith effort" means an employer has and proportion of single- occupant vehicle (SOV) trips met the minimum requirements identified in RCW shall be based. 70.94.531 and in this ordinance and who is working 6. "City" means the City of Tukwila, a muni- collaboratively with the City of Tukwila to continue its cipal corporation established under the laws of the State existing CTR program or is developing and implement of Washington. ing program modifications likely to result in improve 7. "Commute trips "means trips made from a ments to its CTR program over an agreed upon length worker's home to a worksite with a regularly sched- of time. uled arrival time of 6:00 AM to 9:00 AM (inclusive) on 18. "Implementation" means active pursuit by weekdays. an employer of the CTR goals of RCW 70.94.521 -551 8. "CTR plan" means the City of Tukwila's and the provisions of this chapter as evidenced by plan as set forth in this chapter to regulate and adminis- appointment of a transportation coordinator, distribution ter the commute trip reduction (CTR) programs of of information to employees regarding alternatives to affected employers within its jurisdiction. SOV commuting, and commencement of other mea 9. "CTR program" means an employer's sures according to their approved CTR program and strategies to reduce affected employees' SOV use and schedule. VMT per employee. 19. "Mode" means the type of transportation 10. "CTR zone" means an area, such as a used by employees, such as single- occupant motor census tract or combination of census tracts, within vehicle, rideshare vehicle (carpool, vanpool), transit, King County characterized by similar employment ferry, bicycle, and walking. density, population density, level of transit service, 20. "Notice means written communication parking availability, access to high occupancy vehicle delivered via the United States Postal Service with facilities, and other factors that are determined to affect receipt deemed accepted three days following the day the level of SOV commuting. on which the notice was deposited with the Postal 11. "Compressed work week" means an alter- Service unless the third day falls on a weekend or legal native work schedule, in accordance with employer holiday in which case the notice is deemed accepted policy, that regularly allows a full -time employee to the day after the weekend or legal holiday. eliminate at least one work day every two weeks by 21. "Proportion of single- occupant vehicle trips working longer hours during the remaining days, or SOV rate" means the number of commute trips resulting in fewer commute trips by the employee. over a set period made by affected employees in SOV's This definition is primarily intended to include weekly divided by the number of affected employees working and bi- weekly arrangements, the most typical being during that period. four 10 -hour days or 80 hours in nine days, but may 22. "Single- occupant vehicle (SOV) means a also include other arrangements. Compressed work motor vehicle occupied by one (1) employee for weeks are understood to be an ongoing arrangement. commute purposes, including a motorcycle. 12. "Dominant mode" means the mode of 23. "Single- occupant vehicle (SOV) trips" travel used for the greatest distance of a commute trip. means trips made by affected employees in SOV's. 13. "Employee" means anyone who receives 24. "Single worksite" means a building or financial or other remuneration in exchange for work group of buildings on physically contiguous parcels of provided to an employer, including owners or partners land or on parcels separated solely by private or public of the employer. roadways or rights -of -way occupied by one or more 14. "Employer" means a sole proprietorship, affected employers. partnership, corporation, unincorporated association, 25. "Telecommuting" means the use of tele- cooperative, joint venture, agency, department, district phones, computers, or other similar technology to or other individual or entity, whether public, non- permit an employee to work from home, eliminating a profit, or private, that employs workers. commute trip, or to work from a work place closer to 15. "Flex -time" means an employer policy home, reducing the distance traveled in a commute allowing individual employees some flexibility in trip by at least half. choosing the time, but not the number, of their work- 26. "Transportation Demand Management ing hours to facilitate the use of alternative modes. (TDM) means the method of creating strategies and 16. "Full -time employee" means a person programs to reduce and reshape demand on the trans other than an independent contractor, scheduled to be portation system. employed on a continuous basis for 52 weeks per year 27. "Transportation Management Organiza for an average of at least 35 hours per week. tion (TMO)" means a group of employers or association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. 9-14 Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC 28. Vehicle miles traveled (VMT) per 9.44.050 Authority employee" means the sum of the individual vehicle The Mayor of the City of Tukwila shall be respon- commute trip lengths in miles made by affected sible for implementing this chapter, the CTR Plan, and employees over a set period divided by the number of the City's CTR program, and shall have the authority to affected employees during that period. issue such rules, regulations and administrative proce- 29. Waiver" means an exemption from CTR dures as are necessary to implement the provisions of program requirements granted to an employer by the this chapter. City based on unique conditions that apply to the (Ord. 1868 §5, 1999) employer or employment site. 30. Week means a seven -day calendar 9.44.060 Applicability period, starting on Monday and continuing through The provisions of this chapter shall apply to any Sunday. affected employer at any single worksite within the 31. "Weekday" means any day of the week corporate limits of the City of Tukwila. Employees except Saturday or Sunday. will only be counted at their primary worksite. The 32. "Writing, written or in writing" means orig- following classifications of employees are excluded inal signed and dated documents. Facsimile transmis- from the counts of employees: lions are a temporary notice of action that must be 1. Seasonal agricultural employees, including sea followed by the original signed and dated document via sonal employees of processors of agricultural products; mail or delivery. and (Ord. 1868 §1, 1999) 2. Employees of construction worksites when the expected duration of the construction is less than 9.44.020 Commute trip reduction goals two years. Employers affected by the provisions of this (Ord. 1868 §6, 1999) chapter are to achieve the following reductions from the "base year values" in vehicle miles traveled per 9.44.070 Determination of affected employer employee as well as in the proportion of SOV rate, as status determined by the 1992 base year values for South A. INITIAL EMPLOYER NOTIFICATIONS. King County CTR Zone or through a base year survey 1. In addition to the normal public notification conducted at the worksite: for adoption of an ordinance, a notice of availability of a 1. 15% after two years copy of this chapter, and of the requirements and criter- 2. 20% after four years is for affected employers to comply with the provisions 3. 25% after six years of this chapter, shall be published at least once in the 4. 35% after twelve years or until 2005 South Edition of the Seattle Times, within 30 days after (Ord. 1868 §2, 1999) passage of this chapter. 2. Known affected employers will receive 9.44.030 Designation of CTR zones and base year formal written notification by certified mail that they values are subject to the provisions of this chapter within 30 All employers in the City of Tukwila are located in days after its adoption. the Commute Trip Reduction Zone known as the 3. Those affected employers who do not "South King County Zone" as shown in Attachment A. receive notice as prescribed in TMC 9.44.070A.2 The base year value of this zone for proportion of SOV above, must identify themselves to the City within trips shall be 85 The base year value for vehicle 180 days of the adoption of the ordinance codified miles traveled per employee shall be set at 9.3 miles. herein. Once they identify themselves, such The base year values shall be reduced by the amounts employers will be granted 150 days to develop and and dates specified in the Commute Trip Reduction submit a CTR program. Goals listed in TMC 9.44.020 for all affected employers B. INITIAL EMPLOYER STATUS. Employers within this zone. who are identified as affected for the purpose of (Ord. 1868 §3, 1999) implementing the provisions of this chapter through the notification process described in TMC 9.44.070A 9.44.040 City wide CTR plan will be presumed to be affected throughout the current The Commute Trip Reduction Plan for the City of reporting year. If, at the time that an affected employer Tukwila as required by RCW 70.94.527 is hereby renews its business license with the City of Tukwila incorporated by reference hereto as it appears in for any calendar year, the employer is considered to be Attachment B or as hereafter amended by resolution of affected per the definitions of this chapter, they shall be the City Council. considered affected for the entire year for which they (Ord. .1868 §4, 1999) are applying for a business license. If, at the time that an employer applies for a business license they are not considered an affected employer then they shall retain Printed January 14, 2003 Page 9 TUKWILA MUNICIPAL CODE such status until such time as they once again become phone number. Employers shall also provide a affected due to changes in their work force. Any new summary of their program to all new employees at the businesses entering the City shall identify themselves time of hire. as an affected employer at the time that they apply for a 3. Annual Progress Report. The CTR program business license and shall be subject to all terms and shall include the annual review of employee com- provisions of this chapter; provided that such employ- mute modes and of progress toward meeting the goals ers shall be granted the same time provisions for com- for the reduction in SOV rate and VMT per employee. pliance with this chapter as those prescribed for Such report shall be submitted for review in a format employers who experience a change in status as indi- provided by the City. Survey information or approved cated in this section. alternative information must be provided in the CTR C CHANGES IN STATUS. Any employer whose reports submitted in the second, fourth, sixth, eighth, status changes from that of unaffected to affected during tenth and twelfth years after program implementation any calendar year shall be considered affected for the begins. For worksites which have been participating in entire year. Once an employer is identified as affected, the CTR program since the beginning, this requirement such employer shall be granted 150 days to develop applies to the 1995, 1997, 1999, 2001, 2003 and 2005 and submit a CTR program. New affected employers annual reports. shall have two years to meet the first CTR goal of a 4. Additional Program Elements. In addition 15% reduction from the base year values identified in to the specific program elements described above, the TMC 9.44.020, four years to meet the second goal of a employer's CTR program shall include a set of mea- 20% reduction, six years to meet the third goal of a 25% sures designed to meet CTR goals, as described in the reduction, and twelve years to meet the fourth goal of a CTR law (RCW 70.94.531). 35% reduction from the time they begin their program. C. CTR PROGRAM SUBMITTAL. Within six Time schedules for compliance shall be measured months of the adoption of the ordinance codified herein ers the City. or within 150 days in the case of those employers from the time of program acceptance by y y P y Employers are responsible for notifying the City whose status becomes that of an affected employer in whenever their work force changes such that they any period following the first six months after said become an affected employer. Failure to do so can ordinance is adopted, the employer shall develop a result in any penalties allowable under the provisions CTR program and shall submit a description of such of this chapter. program to the City for review. The program descrip- (Ord. 1868 §7, 1999) tion shall include the following: 1. Site location, transportation characteristics, 9.44.080 CTR Program requirements and reporting and surrounding services, including unique conditions A PROGRAM REQUIRED. Employers are experienced by the employer or its employees; required to make a good faith effort as defined in RCW 2. Number of employees affected by the CTR 70.94.534 (2) and this ordinance to develop and imple- program; ment a CTR program that will encourage its employees 3. Written narrative describing the mandatory to reduce VMT per employee and SOV commute trips. program elements; The CTR program must include the mandatory ele- 4. Written narrative describing the additional ments described below, including submittal of a CTR set of measures (program elements) included in the program description and annual progress report. CTR program; and, B. MANDATORY PROGRAM ELEMENTS. CTR 5. A schedule- depicting target dates for programs submitted by affected employers shall, at a implementation of various elements and a written minimum, include the following mandatory elements: commitment to provide the resources to implement 1. Transportation Coordinator. The employer them. shall designate a transportation coordinator to adminis- D. ANNUAL REPORTS. All affected employers ter the CTR program. The coordinator's and /or shall submit an annual report on a form provided by designee's name, location, and telephone number the City each year in which the employer's status was must be displayed prominently at each affected work- determined to be "affected" as outlined in TMC site. The coordinator shall oversee all elements of the 9.44.070. Annual reports shall include a description of employer's CTR program and act as liaison between CTR measures which were in effect for the reporting the employer and the City. An affected employer with year, the results of any commuter surveys conducted multiple sites may have one transportation coordinator during the year, the numbers of employees participat- for all sites. ing in each CTR program element, and a summary of 2. Information Distribution. Information the progress attained during the year with respect to about alternatives to SOV commuting shall be provided SOV and VMT goals. Survey information or approved to employees at least once a year. This shall consist of, alternative information shall be required in the 1995, at a minimum, a summary of the employer's program, 1997, 1999, 2001, 2003 and 2005 reports. The content including the transportation coordinator's name and 9 Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC and acceptance of alternative information shall be at the necessary, require the employer to attend a conference discretion of the City. with program review staff for the purpose of reaching E. RECORD KEEPING. All affected employers consensus on the required program. The City within shall maintain a record of all program reports and pro- 10 working days of the conference will issue a final gram descriptions submitted to the City for review for a decision on the required program in writing. period of six years or until authorized by the City to B. EMPLOYER PROGRAM IMPLEMENTATION. dispose of such records. All records shall be made The employer shall implement the approved CTR pro available to the City upon reasonable request for the gram not more than 180 days after the program was purposes of reviewing program progress and /or first submitted to the City unless extensions allow for compiling summary reports and analyses. delayed implementation. Implementation of programs (Ord. 1868 §8, 1999) that have been modified based on non attainment of CTR goals must occur within 30 days following City 9.44.090 Program review, approval and approval of such modifications. implementation (Ord. 1868 §9, 1999) A. PROGRAM REVIEW AND APPROVAL. Upon receipt of a program submitted by an affected 9.44.100 Modification of CTR requirements and employer, the City or its designee shall review the program elements program elements and reporting formats within a rea- A. EXEMPTIONS. An affected employer may sonable time period, and either approve or disapprove submit a request to the City to grant a waiver from the program, provided that the initial program submit- CTR program requirements for a particular worksite. A ted by an employer following adoption of the ordin- waiver may be granted only if the affected employer ance codified herein shall be reviewed within 90 days demonstrates it would experience undue hardship in of receipt by the City. Upon making a determination of complying with the requirements of the ordinance as a the acceptability of the program, the employer will be result of the characteristics of its business, its work notified in writing as to such determination. Program force, or its location(s). An exemption may be granted approvals shall be based on the following guidelines if and only if the affected employer demonstrates that it and criteria: faces extraordinary circumstances, such as bankruptcy 1. If an employer makes a good faith effort, as and is unable to implement measures that could defined in RCW 70.94.534(2) and this ordinance, and reduce the proportion of SOV trips and VMT per meets either or both the applicable SOV or VMT goal, employee. Requests for waivers to the initial program the employer has satisfied the objectives of the CTR submittal are due within three months from the time plan and will not be required to modify its CTR pro- the employer is notified or has identified themselves gram. as subject to the provisions of this chapter. Requests 2. If an employer makes a good faith effort, as following the initial submittal process can be made at defined in RCW 70.94.534(2) and this ordinance, but any time. Requests must be made in writing by certi- has not met or is not likely to meet the applicable SOV fied mail or delivery, return receipt. The City shall or VMT goal, the City shall work collaboratively with review annually all employers receiving waivers, and the employer to make modifications to its CTR pro- shall determine whether the waiver will continue to gram. After agreeing on modifications, the employer be in effect during the following program year. shall submit a revised CTR program description to the B. GOAL MODIFICATION. City for approval within 30 days of reaching an agree- 1. An affected employer may request a modi- ment. fication of program goals. Such requests shall be filed in 3. If an employer fails to make a good faith writing at least 60 days prior to the date the worksite is effort, as defined in RCW 70.94.534(2) and this ordin- required to submit its program description and annual ance, and fails to meet either applicable SOV or VMT report. The goal modification request must clearly reduction goal, the City shall work collaboratively with explain why the worksite is unable to achieve the the employer to identify modifications to the CTR pro- applicable goal. The worksite must also demonstrate gram and shall direct the employer to revise its that it has implemented all of the elements contained program within 30 days to incorporate the modifica- in its approved CTR program. The city will review tions. In response to the recommended modifications, and grant or deny requests for goal modifications in the employer shall submit a revised CTR program accordance with procedures and criteria identified in description, including the requested modifications or the CTR Task Force Guidelines. An employer may equivalent measures, within 30 days of receiving writ- not request a modification of the applicable goals until ten notice to revise its program. The City shall review one year after the city approves its initial program the revisions and notify the employer of acceptance or description or annual report. rejection of the revised program. If the revised pro- 2. Grounds for granting such modifications gram is not accepted, the City will send written notice shall be limited to the following: to that effect to the employer within 30 days and if, Printed January 14, 2003 Page 9 TUKWILA MUNICIPAL CODE a. An affected employer can demonstrate extensions. An employer's annual reporting date may it requires significant numbers of its employees to: be extended at the discretion of the City. (1) Use their commute vehicles for (Ord. 1868 §10, 1999) work purposes and that no reasonable alternative commute mode exists for these employees and that 9.44.110 Credit for prior employer programs the vehicles cannot reasonably be used for carpools or A. CREDIT FOR PROGRAMS IMPLEMENTED vanpools. These employees may be exempted from PRIOR TO THE BASE YEAR. Employers with success the worksite's CTR program. ful Transportation Demand Management (TDM) pro (2) Work variable shifts during the grams implemented prior to the 1992 base year may year such that these employees sometimes begin their apply to the City for program credit under the following shifts within the 6:00 AM to 9:00 AM time period and guidelines: other times begin their shifts outside that time period. 1. Employers whose VMT per employee and (Exception: If there are a significant number of proportion of SOV trips are already equal to or less than employees who work an identical shift rotation, those the goals for one or more future goal years, and who employees would be expected to be part of the commit in writing to continue their current level of employer's CTR program measurement, as they form effort, shall be exempt from the following year's enough of a consistent pool to maintain rideshare annual report. arrangements.) 2. Employers applying for the program credit b. An affected employer demonstrates in their initial 1993 program description shall be con that its worksite is contiguous with a CTR zone bound- sidered to have met the 1995 CTR goals if their VMT ary and that the worksite conditions affecting alternative per employee and proportion of SOV trips are equiva- commute options are similar to those for employers in lent to a 12% or greater reduction from the base year the adjoining CTR zone. Under this condition, the zone values. This three- percentage point credit applies employer's worksite may be made subject to the same only to the 1995 CTR goals. goals for VMT per employee and proportion of SOV 3. For the initial year, employer requests for trips as employers in the adjoining CTR zone. program credit are due within three months after noti- c. Unanticipated conditions, such as un- fication that the employer is subject to the provisions of availability of alternative commute modes due to this chapter. Requests for program credit must be factors related to the worksite, an employer's work received by the employer's assigned reporting dates in force, or characteristics of the business, that are beyond 1995 and 1997 for succeeding years. the employer's control. A request for goal modification 4. Application for a program credit shall based on this condition must be made by the employ- include an initial program description, written corn- mitment on an official report program ort form to maintain ro er's annual assigned reporting date. P P g g P g elements, and results from a survey of employees, Relocation of a worksite to another Y or P Y CTR zone. Requests for goal modification based on this equivalent information that establishes the applicant's condition may be made at any time. VMT per employee and proportion of SOV trips. The C. MODIFICATION OF CTR PROGRAM ELE- survey or equivalent information shall conform to all MENTS. If an employer wants to change a particular applicable standards and rules established for imple- aspect of its CTR program during the period of time mentation of this chapter. between annual reporting dates, they must contact the B. CREDIT FOR ALTERNATIVE WORK SCHED- City in writing. ULES, TELECOMMUTING, BICYCLING AND WALK D. EXTENSIONS. An employer may request ING, BY AFFECTED EMPLOYEES. additional time to submit a CTR program or CTR annual 1. The City will count commute trips elimi- progress report, or to implement or modify a program. nated through alternative work schedules, telecom Such requests shall be made in writing before the due muting options, bicycling and walking as 1.2 vehicle date for the submissions for which the extension is trips eliminated. This assumption applies to both the being requested. Requests for extensions must be proportion of SOV trips and VMT per employee. made prior to the due date anytime a program submit- 2. This type of credit is applied when calculat- tal is going to be more than one week late. Extensions ing the SOV and VMT rates of affected employers. not to exceed 90 days shall be considered for reason- (Ord. 1868 §11, 1999) able causes. Employers will be limited to a total of 90 9.44.120 Employer peer review group extension days per year. Extensions shall not exempt A. PURPOSE AND APPOINTMENT OF MEM- an employer from any responsibility in meeting pro- gram goals. Extensions granted due to delays or diffi BERS. The City may appoint member(s) from affected culties with any program element(s) shall not be cause employers to regional or subregional employer peer for discontinuing or failing to implement other program review groups created through interlocal agreement elements. An employer's annual reporting date shall with other jurisdictions. The specific functions of the not be adjusted permanently as a result of these 9 Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC peer review group shall be determined by the inter- B. The City's Hearing Examiner shall hear timely local agreement. appeals. Determinations made in the review of such B. LIMITATIONS OF PEER REVIEW GROUP. appeals shall be based on consistency with State Any peer review group shall be advisory in nature. statutes (RCW 70.94.521 -551). Any comments or recommendations of such peer (Ord. 1868 §14, 1999) review group shall not bind the City. (Ord. 1868 §12, 1999) 9.44.130 Enforcement A. COMPLIANCE. For the purpose of this chap- ter, compliance shall mean submitting all required reports and documentation at the prescribed times and fully implementing all provisions in an approved CTR program. B. VIOLATIONS. The following actions shall constitute a violation of this chapter: 1. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this ordinance. 2. 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 SOV goals as specified in this chapter. Failure to implement a CTR program includes, but is not limited to: a. Failure to submit a complete CTR pro- gram within the deadlines specified; b. Failure to submit required documenta- tion for annual reports; and /or c. Submittal of fraudulent data. 3. Failure to modify a CTR program found to be unacceptable by the City following program review. C. PENALTIES. 1. 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. 2. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals. (Ord. 1868 §13, 1999) 9.44.140 Appeals A. An affected employer may appeal final admin- istrative decisions made by the City in the implemen- tation and application of the provisions of this chapter for such employer. Such appeals must be filed with the City Clerk's Office within 20 days of receipt of the decision for which the appeal is being submitted. Appeals may be made for the following actions: 1. Rejection of an employer's proposed pro- gram. 2. Denial of an employer's request for a waiver or modification of any of the requirements under the provisions of this chapter or a modification of the employer's program. 3. Denial of credits requested under TIv1C 9.44.110. Printed January 14, 2003 Page 9 -19 DRAFT 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 LN 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 EH bCTTYE 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 (Tiv1C), 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 Emplmjee" 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 C \Documents and Settins\All Users\ Desktop tKell}&NSDATA \Ardinances \CTRdoc SM:ksn 4/23/2008 Page 1 of 11 between 6:00 and 9:00 AM (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 CTR 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 include 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 CTR program requirements granted to an employer by a city, based on unique conditions that apply to the employer or employment site. CADocuments and Setting\All UseisXDesktoplKelly MSDATA \OrdinanceS`.CCRdoc SM:ksn 4242008 Page 2 of I 1 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 C1 R program or is developing and implementing program modifications likely to result in improvements to its C1R 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 ETC, distribution of information to employees regarding alternatives to drive -alone commuting, and commencement of other measures according to its approved C1il 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 vehicle operated on a for -hire, shared -ride basis, including bus, passenger ferry, rail, shared -ride taxi, shuttle bus, or vanpool. C:\Documents and Setfin__;WII Users\D sktop \KelbAMSDATA\Ordinancs \CTR.doc SM:ksn 4123,2008 Page 3 of 11 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 CH( 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 Tukwila's C1 plan. These goals establish the desired level of performance for the CYR program in its entirety in the City of Tukwila. Future adopted versions of the CTR 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 V1TT 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 CTR program that is designed to meet the affected worksite's assigned CTR goals. C. Recognition for Commute Trip Reduction Efforts. As public recognition for their efforts, affected employers who meet or exceed the CTR goals as set forth in Section 9.44.O30.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. C:\Documents and SettinsWl Users \Desltep ellYNSDATA\Ordinances,C7R.doc SM:ksn 4242008 Page 4 of 11 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 ETC 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 L1K 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 CTR 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. C:\Documents and Settine lAiI UserslDInop 'KellynMSDATA \Ordinanc&ETR.doc SM:ksn 4242008 Page 5 of 11 D. Change 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 L1 program must include the mandatory elements as described in this section. B. CTR Program Description Requirements. 1. The CTR 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' commutin needs. Employers g are further encouraged to cooperate with each other and to form or use transportation management associations in developing and implementing CTR programs. 2. At a minimum, the employer's (2rR 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 CFR program; c. documentation of compliance with the mandatory CAR program elements (as described in this section); d. description of the additional elements included in the C1K program (as described in this section); and e. a schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. C. Mandatory Program Elements. Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator. The employer shall designate an ETC to administer the CTR 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 CAR 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 C: \Documents and Settings\All Users\Desktop\Ke11yWSDATA Ordinances VCIRdoc SM:ksn 41242008 Page 6 of 11 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 C11t 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 CTR 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 C1R 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 CIR program and, if necessary, propose modifications to achieve the CIR 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 Program Elements. In addition to the specific program elements described in this section, the employer's UI R program shall include additional elements as needed to meet CIR 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; C \Documents and SOSn9_51AI! Users \Desktop K ell MSD.ATA\Ordinanc;s'.CTRdoc SM:km 4/23/2008 Pace 7 of 11 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 manner. 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 CTR Coordinator. The program shall be implemented not more than 90 days after approval by the CTR 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 CTR program or comment on the CTR 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 CYR program will be extended an equivalent number of days. C. CTR Annual Progress Reports. Upon review of an employer's initial CTR 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 CTR 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 C1R 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 C:\Documents and Setins\All Us^.. rsIsfnopl{: elly',`fSDAT.41Ordinanc&ETR.doc SM:ksn 4/232008 Page 8 of 11 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 Program. Unless extensions are granted, the employer shall implement its approved C:1R 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 C:1R program. B. Program 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 Cl'R program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR 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 CFR program. After agreeing on modifications, the employer shall submit a revised CTR 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 ClR 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 LIR 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 CAR program. 3. Failure to implement an approved C1R 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. C: \Documents and SettinsWAll User\ Desktop` Kelly`MSDATA'Ardinnces \CTR.dr' SM:ksn 4/2312003 Page 9 of 11 4. Failure to designate an ETC within 90 days from notification or self identification, to implement and carry out the approved CTR 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 CTR program as defined in RCW 70.94.534(4) and this ordinance. D. Penalties. 1. No affected employer with an approved CTR 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 CIR 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 CTR 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 VMT 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 Cl R 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 CTR 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 CTR 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 CTR 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 C:\Documents and Sedins'All User\ DzsktoplKelly ';MSDATAWrdinalc,s'CTRdoc SM:ksn 424/2008 Page 10 of 11 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, CPR 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 CTTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /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 CrR Plan C:\Documents and Settin_; All Usearktop\Xelly\SMSDATA \Ordina c,ClR.dcc SM:ksn 423/2008 Page 11 of 11 Transportation Committee Minutes Aoril 15. 2008 Paae 2 B. Ordinance Approving Commute Trip Reduction (CTR) Plan Staff is seeking full Council adoption of the Local Commute Trip Reduction (CTR) Plan as well as adoption of a new CTR ordinance. The CTR Plan has come before the Transportation Committee two previous times (June 11, 2007 and January 29, 2008). Staff reported that the Plan has been refined to reflect consistency in formatting, but no substantive changes have been made. The ordinance will be the piece of legislation which drives the CTR Plan, and staff would like Council to adopt the Plan so that they can begin implementing it. UNANIMOUS APPROVAL. FORWARD TO APRIL 28 COW. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Future agenda items for the Committee will include: An update on CIP transportation projects (current status and anticipated plans) An overview of the 2007 costs for fleet and fuel usage Committee member Robertson shared information from a recent South County Area Transportation Board (SCATBd) meeting. He stated that the May SCATBd meeting will focus on Metro bus hour allocation and service disparity in the south end. He has been tasked with bringing two examples of where service falls short in Tukwila and he has been asked to bring a City staff member who is involved with bus service in our jurisdiction. Jim Morrow will attend the meeting with Dennis. Dennis will update the Committee on the meeting outcome when it is appropriate. Meeting adjourned at 6:15 p.m. Next meeting: Monday, April 29, 2008 5:00 p.m. Conference Room 1 eS i- Committee Chair Approval Minutes by KAM. Reviewed by JM.