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HomeMy WebLinkAboutTrans 2008-04-15 Item 3B - Ordinance - Commute Trip Reduction PlanCity of Tukwila Department of Community Development Jack Pace, Director INFORMATION MEMO To: Transportation Committee M 1! bers From: Jack Pace, DCD Director J D Date: April 2, 2008 Subject: Local CTR Plan and Commute Trip Reduction Efficiency Act Jim Haggerton, Mayor 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 CTR 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 Cl'R- 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. ml Page 1 04/09/2008 T( VTPmn T nral CTR Plan anti frdinanrp A I 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 CTR Board by January 2008 (completed) Ordinance adoption by mid 2008 and repeal of prior CTR Ordinance (pending) Implementation of Local C1'1Z Plan by mid 2008 (pending) Local CTR 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 RECOMMENDATION Adopt Local CTR 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: Summary of Changes for CTR Ordinance Draft CTR Ordinance (new) Ordinance #1868, chapter 9.44 TMC Local CTR Plan (April 9, 2008 Plan available upon request) ML Page 2 04/10/2008 TC Memo Local CTR Plan and Ordinance 4 -2.doc Definitions: TMC 9.44.010 Summary of changes to CTR ordinance #1868 Tukwila Municipal Code, Chapter 9.44 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 simplify 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 C FR goals by an employer in the form 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 formal 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. M1/cb 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 information 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 information 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 CTR 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 CTR 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. MUcb Page 2 04/07/2008 Summary of changes to CTR ordinance 2 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 EFFECTIVE 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, under State policy, as set forth in RCW 70.94.527(4), the City of Tukwila is required 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 C: \Documents and Settings\Maggie\tvMy Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 1 of 15 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 a.m. and 9:00 a.m. (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 between 6:00 a.m. and 9:00 a.m. (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. (Also see definition of employer.) 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" mean 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 CIR 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. C: \Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 2 of 15 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. 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 CTR program or is developing and C:\Documents and Settings \Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4 /9/2008 Page 3 of 15 implementing program modifications likely to result in improvements to its CTR 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 Employee Transportation Coordinator, distribution of information to employees regarding alternatives to drive -alone commuting, and commencement of other measures according to its approved C "1'R 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 a.m. and 9:00 a.m. 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 a.m. and 9:00 a.m. 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 from 6:00 a.m. to 9:00 a.m. (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 a.m. and 9:00 a.m. (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. C:\Documents and Settings\lvfaggie\aMy Documents \Council and Committees 20081CTR Ordinance.doc SM:ksn 4/9/2008 Page 4 of 15 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. 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 per employee by affected employers in the City are hereby established by reference to the City of Tukwila's CTR 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 CTR plan may establish new goals for the urban growth area and affected employers. This ordinance is not required to be revised 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 C:\Documents and Settings\lvfaggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 5 of 15 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 9.44.030.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, this chapter, the Cl'R 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. 9.44.050 Applicability A. The provisions of this ordinance shall apply to any affected employer within the corporate 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 revisions. 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 Employee Transportation Coordinator 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 CTR 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 C:\Documents and Settings \Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 6 of 15 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 Employee Transportation Coordinator to work closely with the City's C1K 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. 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. C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 7 of 15 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. 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 CTR program must include the mandatory elements as described below. 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' commuting needs. Employers 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 C 1R 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 CTR program elements (as described above); d. description of the additional elements included in the CTR program (as described above); 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: C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 8 of 15 1. Employee Transportation Coordinator. The employer shall designate an Employee Transportation Coordinator 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 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 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 C 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 CIR 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 CTR programs. Within the report, the employer should evaluate the effectiveness of the Cl'R 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 Program Elements. In addition to the specific program elements described above, 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; C:\Documents and Settings\Maggie \My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 9 of 15 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; 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, e- mails, 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 record keeping 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, C:\Documents and Settings \Maggie\Mv Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 10 of 15 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 CTR 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 CI R report. D. Modification of CTR Program Elements. Any affected employer may submit a request to the City of Tukwila for modification of C "1'R 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 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. C:\Documents and Settings\Maggie\iMy Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 11 of 15 F. Implementation of Employer's CTR Program. 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 CTR 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 CTR 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 CTR program. After agreeing on modifications, the employer shall submit a revised CIR 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 CIR 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 CTR 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. C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 12 of 15 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. 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. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW 7.80. 3. 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. 4. 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 C I 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 C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 13 of 15 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 CTR 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 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 CTR 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, C 1'R program elements, violations, and penalties. 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. C: \Documents and Settings\Maggie\lvly Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 14 of 15 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. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment A: The City of Tukwila CTR Plan Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C:\Documents and Settings\Maggie\My Documents \Council and Committees 2008 \CTR Ordinance.doc SM:ksn 4/9/2008 Page 15 of 15 Chapter 9.38 PENALTY FOR VIOLATION Sections: 9.38.010 Penalty designated 9.38.020 Certain penalties to be consistent with State law 9.38.010 Penalty designated Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this title shall be punished by a fine not to exceed $5,000, or imprisonment in jail for a term not exceeding one year, or by both fine and imprisonment. (Ord. 1370 §1 (part), 1985) 9.38.020 Certain penalties to be consistent with State law All motor vehicle or traffic violations prohibited by this title, and which are described by State statutes adopted by reference in this title, are punishable as criminal offenses or as motor vehicle civil infractions in a manner consistent with Chapters 20, 61, 63 and 64 of Title 46 of the Revised Code of Washington, and other State statutes prescribing punishment or penalty. (Ord. 1370 §1(part), 1985) Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC Chapter 9.44 COMMUTE TRIP REDUCTION PLAN AND PROGRAM REQUIREMENTS Sections: 9.44.010 Definitions 9.44.020 Commute trip reduction goals 9.44.030 Designation of CTR zones and base year values 9.44.040 City -wide CTR plan 9.44.050 Authority 9.44.060 Applicability 9.44.070 Determination of affected employer status 9.44.080 CTR program requirements and reporting 9.44.090 Program review, approval and implementation 9.44.100 Modification of CTR requirements and program elements 9.44.110 Credit for prior employer programs 9.44.120 Employer peer review group 9.44.130 Enforcement 9.44.140 Appeals 9.44.010 Definitions For the purpose of interpretation and enforcement of this chapter, the following definitions shall apply. 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 Page 9 -13 TUKWILA MUNICIPAL CODE goals for vehicle miles traveled (VMT) per employee and proportion of single- occupant vehicle (SOV) trips shall be based. 6. "City" means the City of Tukwila, a muni- cipal corporation established under the laws of the State of Washington. 7. "Commute trips" means trips made from a worker's home to a worksite with a regularly sched- uled arrival time of 6:00 AM to 9:00 AM (inclusive) on weekdays. 8. "CTR plan" means the City of Tukwila's plan as set forth in this chapter to regulate and adminis- ter the commute trip reduction (CTR) programs of affected employers within its jurisdiction. 9. "CTR program" means an employer's strategies to reduce affected employees' SOV use and VMT per employee. 10. "CTR zone" means an area, such as a census tract or combination of census tracts, within King County characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. 11. "Compressed work week" means an alter- native 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. Compressed work weeks are understood to be an ongoing arrangement. 12. "Dominant mode" means the mode of travel used for the greatest distance of a commute trip. 13. "Employee" means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. 14. "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. 15. "Flex-time" means an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their work- ing hours to facilitate the use of alternative modes. 16. "Full -time employee" means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week. 17. "Good faith effort" means an employer has met the minimum requirements identified in RCW 70.94.531 and in this ordinance and who is working collaboratively with the City of Tukwila to continue its existing CTR program or is developing and implement- ing program modifications likely to result in improve- ments to its CTR program over an agreed upon length of time. 18. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521 -551 and the provisions of this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other mea- sures according to their approved CTR program and schedule. 19. "Mode" means the type of transportation used by employees, such as single- occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking. 20. "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. 21. "Proportion of single- occupant vehicle trips or SOV rate" means the number of commute trips over a set period made by affected employees in SOV's divided by the number of affected employees working during that period. 22. "Single- occupant vehicle (SOV)" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. 23. "Single- occupant vehicle (SOV) trips" means trips made by affected employees in SOV's. 24. "Single worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights -of -way occupied by one or more affected employers. 25. "Telecommuting" means the use of tele- phones, 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. 26. "Transportation Demand Management (TDM) means the method of creating strategies and programs to reduce and reshape demand on the trans- portation system. 27. "Transportation Management Organiza- 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 Printed January 14, 2003 28. "Vehicle miles traveled (VMT) per employee" means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. 29. Waiver" means an exemption from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. 30. Week means a seven -day calendar period, starting on Monday and continuing through Sunday. 31. Weekday" means any day of the week except Saturday or Sunday. 32. Writing, written or in writing" means orig- inal signed and dated documents. Facsimile transmis- sions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. (Ord. 1868 §1, 1999) 9.44.020 Commute trip reduction goals Employers affected by the provisions of this chapter are to achieve the following reductions from the "base year values" in vehicle miles traveled per employee as well as in the proportion of SOV rate, as determined by the 1992 base year values for South King County CTR Zone or through a base year survey conducted at the worksite: 1. 15% after two years 2. 20% after four years 3. 25% after six years 4. 35% after twelve years or until 2005 (Ord. 1868 §2, 1999) 9.44.030 Designation of CTR zones and base year values All employers in the City of Tukwila are located in the Commute Trip Reduction Zone known as the "South King County Zone" as shown in Attachment A. The base year value of this zone for proportion of SOV trips shall be 85 The base year value for vehicle miles traveled per employee shall be set at 9.3 miles. The base year values shall be reduced by the amounts and dates specified in the Commute Trip Reduction Goals listed in TMC 9.44.020 for all affected employers within this zone. Printed January 14, 2003 (Ord. 1868 §3, 1999) 9.44.040 City -wide CTR plan The Commute Trip Reduction Plan for the City of Tukwila as required by RCW 70.94.527 is hereby incorporated by reference hereto as it appears in Attachment B or as hereafter amended by resolution of the City Council. (Ord. 1868 ,§4, 1999) TITLE 9 VEHICLES AND TRAFFIC 9.44.050 Authority The Mayor of the City of Tukwila shall be respon- sible for implementing this chapter, the CTR Plan, and the City's CTR program, and shall have the authority to issue such rules, regulations and administrative proce- dures as are necessary to implement the provisions of this chapter. (Ord. 1868 §5, 1999) 9.44.060 Applicability The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the City of Tukwila. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: 1. Seasonal agricultural employees, including sea- sonal employees of processors of agricultural products: and 2. Employees of construction worksites when the expected duration of the construction is less than two years. (Ord. 1868 §6, 1999) 9.44.070 Determination of affected employer status A. INITIAL EMPLOYER NOTIFICATIONS. 1. In addition to the normal public notification for adoption of an ordinance, a notice of availability of a copy of this chapter, and of the requirements and criter- ia for affected employers to comply with the provisions of this chapter, shall be published at least once in the South Edition of the Seattle Times, within 30 days after passage of this chapter. 2. Known affected employers will receive formal written notification by certified mail that they are subject to the provisions of this chapter within 30 days after its adoption. 3. Those affected employers who do not receive notice as prescribed in TMC 9.44.070A.2 above, must identify themselves to the City within 180 days of the adoption of the ordinance codified herein. Once they identify themselves, such employers will be granted 150 days to develop and submit a CTR program. B. INITIAL EMPLOYER STATUS. Employers who are identified as affected for the purpose of implementing the provisions of this chapter through the notification process described in TMC 9.44.070A will be presumed to be affected throughout the current reporting year. If, at the time that an affected employer renews its business license with the City of Tukwila for any calendar year, the employer is considered to be affected per the definitions of this chapter, they shall be considered affected for the entire year for which they 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 Page 9 -15 TUKWILA MUNICIPAL CODE such status until such time as they once again become affected due to changes in their work force. Any new businesses entering the City shall identify themselves as an affected employer at the time that they apply for a business license and shall be subject to all terms and provisions of this chapter; provided that such employ- ers shall be granted the same time provisions for com- pliance with this chapter as those prescribed for employers who experience a change in status as indi- cated in this section. C CHANGES IN STATUS. Any employer whose status changes from that of unaffected to affected during any calendar year shall be considered affected for the entire year. Once an employer is identified as affected, such employer shall be granted 150 days to develop and submit a CTR program. New affected employers shall have two years to meet the first CTR goal of a 15% reduction from the base year values identified in TMC 9.44.020, four years to meet the second goal of a 20% reduction, six years to meet the third goal of a 25% reduction, and twelve years to meet the fourth goal of a 35% reduction from the time they begin their program. Time schedules for compliance shall be measured from the time of program acceptance by the City. Employers are responsible for notifying the City whenever their work force changes such that they become an affected employer. Failure to do so can result in any penalties allowable under the provisions of this chapter. (Ord. 1868 §7, 1999) 9.44.080 CTR Program requirements and reporting A PROGRAM REQUIRED. Employers are required to make a good faith effort as defined in RCW 70.94.534(2) and this ordinance to develop and imple- ment a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR program must include the mandatory ele- ments described below, including submittal of a CTR program description and annual progress report. B. MANDATORY PROGRAM ELEMENTS. CTR programs submitted by affected employers shall, at a minimum, include the following mandatory elements: 1. Transportation Coordinator. The employer shall designate a transportation coordinator to adminis- ter the CTR program. The coordinator's and /or designee's name, location, and telephone number must be displayed prominently at each affected work site. The coordinator shall oversee all elements of the employer's CTR program and act as liaison between the employer and the City. An affected employer with multiple sites may have one transportation coordinator for all sites. 2. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer's program, including the transportation coordinator's name and phone number. Employers shall also provide a summary of their program to all new employees at the time of hire. 3. Annual Progress Report. The CTR program shall include the annual review of employee com- mute modes and of progress toward meeting the goals for the reduction in SOV rate and VMT per employee. Such report shall be submitted for review in a format provided by the City. Survey information or approved alternative information must be provided in the CTR reports submitted in the second, fourth, sixth, eighth, tenth and twelfth years after program implementation begins. For worksites which have been participating in the CTR program since the beginning, this requirement applies to the 1995, 1997, 1999, 2001, 2003 and 2005 annual reports. 4. Additional Program Elements. In addition to the specific program elements described above, the employer's CTR program shall include a set of mea- sures designed to meet CTR goals, as described in the CTR law (RCW 70.94.531) C. CTR PROGRAM SUBMITTAL. Within six months of the adoption of the ordinance codified herein or within 150 days in the case of those employers whose status becomes that of an affected employer in any period following the first six months after said ordinance is adopted, the employer shall develop a CTR program and shall submit a description of such program to the City for review. The program descrip- tion shall include the following: 1. Site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; 2. Number of employees affected by the CTR program; 3. Written narrative describing the mandatory program elements; 4. Written narrative describing the additional set of measures (program elements) included in the CTR program; and, 5. A schedule depicting target dates for implementation of various elements and a written commitment to provide the resources to implement them. D. ANNUAL REPORTS. All affected employers shall submit an annual report on a form provided by the City each year in which the employer's status was determined to be "affected" as outlined in TMC 9.44.070. Annual reports shall include a description of CTR measures which were in effect for the reporting year, the results of any commuter surveys conducted during the year, the numbers of employees participat- ing in each CTR program element, and a summary of the progress attained during the year with respect to SOV and VMT goals. Survey information or approved alternative information shall be required in the 1995, 1997, 1999, 2001, 2003 and 2005 reports. The content 9 Printed January 14, 2003 and acceptance of alternative information shall be at the discretion of the City. E. RECORD KEEPING. All affected employers shall maintain a record of all program reports and pro- gram descriptions submitted to the City for review for a period of six years or until authorized by the City to dispose of such records. All records shall be made available to the City upon reasonable request for the purposes of reviewing program progress and /or compiling summary reports and analyses. (Ord. 1868 §8, 1999) 9.44.090 Program review, approval and implementation A. PROGRAM REVIEW AND APPROVAL. Upon receipt of a program submitted by an affected employer, the City or its designee shall review the program elements and reporting formats within a rea- sonable time period, and either approve or disapprove the program, provided that the initial program submit- ted by an employer following adoption of the ordin- ance codified herein shall be reviewed within 90 days of receipt by the City. Upon making a determination of the acceptability of the program, the employer will be notified in writing as to such determination. Program approvals shall be based on the following guidelines and criteria: 1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR pro- gram. 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 SOV or VMT goal, the City shall work collaboratively with the employer to make modifications to its CTR pro- gram. After agreeing on modifications, the employer shall submit a revised CTR program description to the City for approval within 30 days of reaching an agree- ment. 3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this ordin- ance, and fails to meet either applicable SOV or VIvIT reduction goal, the City shall work collaboratively with the employer to identify modifications to the CTR pro- gram and shall direct the employer to revise its program within 30 days to incorporate the modifica- tions. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving writ- ten notice to revise its program. The City shall review the revisions and notify the employer of acceptance or rejection of the revised program. If the revised pro- gram is not accepted, the City will send written notice to that effect to the employer within 30 days and if, Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC necessary, require the employer to attend a conference with program review staff for the purpose of reaching consensus on the required program. The City within 10 working days of the conference will issue a final decision on the required program in writing. B. EMPLOYER PROGRAM IMPLEMENTATION. The employer shall implement the approved CTR pro- gram not more than 180 days after the program was first submitted to the City unless extensions allow for delayed implementation. Implementation of programs that have been modified based on non attainment of CTR goals must occur within 30 days following City approval of such modifications. (Ord. 1868 §9, 1999) 9.44.100 Modification of CTR requirements and program elements A. EXEMPTIONS. An affected employer may submit a request to the City to grant a waiver from CTR program requirements for a particular worksite. A waiver may be granted only if the affected employer demonstrates 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 measures that could reduce the proportion of SOV trips and VMT per employee. Requests for waivers to the initial program submittal are due within three months from the time the employer is notified or has identified themselves as subject to the provisions of this chapter. Requests following the initial submittal process can be made at any time. Requests must be made in writing by certi- fied mail or delivery, return receipt. The City shall review annually all employers receiving waivers, and shall determine whether the waiver will continue to be in effect during the following program year. B. GOAL MODIFICATION. 1. An affected employer may request a modi- fication of 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 and annual report. The goal 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. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after the city approves its initial program description or annual report. 2. Grounds for granting such modifications shall be limited to the following: Page 9 -17 TUKWILA MUNICIPAL CODE a. An affected employer can demonstrate it requires significant numbers of its employees to: (1) Use their commute vehicles for work purposes and that no reasonable alternative commute mode exists for these employees and that the vehicles cannot reasonably be used for carpools or vanpools. These employees may be exempted from the worksite's CTR program. (2) Work variable shifts during the year such that these employees sometimes begin their shifts within the 6:00 AM to 9:00 AM time period and other times begin their shifts outside that time period. (Exception: If there are a significant number of employees who work an identical shift rotation, those employees would be expected to be part of the employer's CTR program measurement, as they form enough of a consistent pool to maintain rideshare arrangements.) b. An affected employer demonstrates that its worksite is contiguous with a CTR zone bound- ary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer's worksite may be made subject to the same goals for VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone. c. Unanticipated conditions, such as un- availability of alternative commute modes due to factors related to the worksite, an employer's work force, or characteristics of the business, that are beyond the employer's control. A request for goal modification based on this condition must be made by the employ- er's annual assigned reporting date. d. Relocation of a worksite to another CTR zone. Requests for goal modification based on this condition may be made at any time. C. MODIFICATION OF CTR PROGRAM ELE- MENTS. If an employer wants to change a particular aspect of its CTR program during the period of time between annual reporting dates, they must contact the City in writing. D. 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 made in writing before the due date for the submissions for which the extension is being requested. Requests for extensions must be made prior to the due date anytime a program submit- tal is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reason- able causes. Employers will be limited to a total of 90 extension days per year. Extensions shall not exempt an employer from any responsibility in meeting pro- gram goals. Extensions granted due to delays or diffi- culties 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. (Ord. 1868 §10, 1999) 9.44.110 Credit for prior employer programs A. CREDIT FOR PROGRAMS IMPLEMENTED PRIOR TO THE BASE YEAR. Employers with success- ful Transportation Demand Management (TDM) pro- grams implemented prior to the 1992 base year may apply to the City for program credit under the following guidelines: 1. Employers whose VMT per employee and proportion of SOV trips are already equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year's annual report. 2. Employers applying for the program credit in their initial 1993 program description shall be con- sidered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV trips are equiva- lent to a 12% or greater reduction from the base year zone values. This three- percentage point credit applies only to the 1995 CTR goals. 3. For the initial year, employer requests for program credit are due within three months after noti- fication that the employer is subject to the provisions of this chapter. Requests for program credit must be received by the employer's assigned reporting dates in 1995 and 1997 for succeeding years. 4. Application for a program credit shall include an initial program description, written com- mitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant's VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards and rules established for imple- mentation of this chapter. B. CREDIT FOR ALTERNATIVE WORK SCHED- ULES, TELECOMMUTING, BICYCLING AND WALK- ING, BY AFFECTED EMPLOYEES. 1. The City will count commute trips elimi- nated through alternative work schedules, telecom muting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee. 2. This type of credit is applied when calculat- ing the SOV and VMT rates of affected employers. (Ord. 1868 §11, 1999) 9.44.120 Employer peer review group A. PURPOSE AND APPOINTMENT OF MEM- BERS. The City may appoint member(s) from affected employers to regional or subregional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the 9-18 Printed January 14, 2003 peer review group shall be determined by the inter local agreement. B. LIMITATIONS OF PEER REVIEW GROUP. Any peer review group shall be advisory in nature. Any comments or recommendations of such peer 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 TMC 9.44.110. Printed January 14, 2003 TITLE 9 VEHICLES AND TRAFFIC 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). (Ord. 1868 §14, 1999) Page 9 -19