HomeMy WebLinkAbout1999-007 Commute Trip Reduction Plan ORDINANCE NO. 99- 07
AN ORDINANCE relating to commute trip reduction, and amending chapter 5.90 of the
Yakima Municipal Code as required by RCW 70.94.527.
WHEREAS, the City is required under the provisions of chapter 70.94. RCW to revise
the City's ordinances relating to commute trip reduction to be consistent with guidelines
established by the state Commute Trip Reduction Task Force, including the model ordinance
produced by the CTR Task Force; and jt
WHEREAS, the Yakima Valley Conference of Governments, which serves the City of
Yakima as a consultant on the City's Commute Trip Reduction program, has reviewed the
Commute Trip Reduction Task Force guidelines and has recommended that chapter 5.90 of
the Yakima Municipal Code be amended,fas provided below, and
WHEREAS, the City recognizes the ' importance of increasing individual citizens'
awareness of air quality, energy consumption, and traffic congestion and the contribution that
individual actions can make toward addressing these issues; and
WHEREAS, it is in the best interest Of the City of Yakima that chapter 5.90 of the
Yakima Municipal Code be amended as Provided below; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Chapter 5.09 of the Yakima Municipal Code is amended to read as follows:
1 • Chapter 5.90 •
2 COMMUTE TRIP REDUCTION PLAN
•
3 5.90.010 Definitions.
4 Unless the context clearly require otherwise, the following definitions apply
5 throughout this chapter:
6 A. "Affected employee" means a full -time employee who begins his or her regular
7 workday at a single worksite between six a.m. and nine a.m. on two or more weekdays per
8 week for twelve continuous months.
9 B. "Affected employer " — see "Major employer."
10 C. "Base year" means the year January 1, 1992, through December 31, 1992, on which
11 goals for vehicle miles traveled and single- occupant vehicle trips shall be based.
12 D. "City" means city of YakimajWashington.
13 E. "CTR plan" or "commute trip reduction plan" means the city's plan as set forth in
14 this chapter to regulate and administer tie CTR programs of major employers.
15 F. "Commute trip reduction zone" means an area such as a census tract or
16 combinations of census tracts, within a jurisdiction that is characterized by similar
17 employment density, population density; level of transit service, parking availability, access to
18 high occupancy vehicle facilities, and ot} er factors that are determined to affect the level of
19 single- occupancy vehicle commuting.
20 G. "Commute trip vehicle miles traveled per employee" means the sum of the
21 individual vehicle commute trip lengths in miles over a set period divided by the number of
22 affected employees during that period.
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23 H. "Commute trip" means trips made from a worker's home to a worksite during the
24 peak period of six a.m. to nine a.m. on weekdays.
25 I. "Compressed work week" means an alternative work schedule, in accordance with
26 employer policy, that regularly allows a full -time employee to eliminate at least one work day
27 during the remaining days, resulting in fewer commute trips by the employee. This definition
28 is primarily intended to include weekly and bi- weekly arrangements, the most typical being
29 four ten -hour days or eighty hours in nine days, but may also include other arrangements. •
30 J_ "CTR program" means the employer's strategies to reduce employee's single -
31 occupancy vehicle use and vehicle miles traveled per employee.
32 K. "Exemption" means a waiver from CTR requirements granted to an employer by
33 the city based on unique conditions applying to that employer or the work site.
34 L. "Full-time employee" means a person other than an independent contractor or a
35 seasonal agricultural worker scheduled for employment on a continuous basis for fifty -two
36 weeks, for an average of at least thirty -five hours per week.
37 M. "Good faith effort" means that an employer has met the minimum requirements
38 identified in RCW 70.94.531 and this ordinance, and is working collaboratively with the city
39 to continue its existing CTR program or is developing and implementing program
40 modifications likel to result in improvements to its CTR .ro•ram over an a_reed len. h of
41 time.
42 N. "A major employer" means a private or public employer that employs one
43 hundred or more full -time employees at a single worksite who begin their regular workday
44 between six a.m. and nine a.m. on two or more weekdays per week for at least twelve
45 continuous months during the year. The city of Yakima is a major employer and is
46 committed to fulfilling the requirements of a major employer, including a commute trip
47 reduction program for its employees.
48 O. "Major worksite" means a building or group of buildings that are on physically
49 contiguous parcels of land or on parcels separated solely by private or public roadways or
50 rights -of -way, and at which there are one hundred or more full -time employees of one or
51 more employers, who begin their regular work day between six a.m. and nine a.m. on two or
52 more weekdays per week, for at least twelve continuous months. Excepted from this
53 definition are construction worksites where the expected duration of construction is less than
54 two years.
55 P. "Proportion of single- occupant vehicle commute trips or SOV rate" means the
56 number of commute trips made by single- occupant automobiles divided by the number of
57 affected employees.
58 Q. "Single Occupant Vehicle (SOV) means a motor vehicle, excluding motorcycles,
59 occupied by one (1) employee for commute purposes."
60 R. " Single Occupant Vehicle SOV Tri." means trips made b affected em.lo ees
61 in SOVs.
62 S. "Transportation management organization (TMO)" means a group of employers
63 or an association representing a group of employers in a defined geographic area. A TMO
64 may represent employers within specific city limits or may extend beyond city limits.
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65 T. "Vehicle miles traveled (VM ) per employee" means the sum of the individual
66 vehicle commute trip lengths in miles made by affected employees over a set period, divided
67 by the number of affected employees during that period.
68 5.90.020 Applicability—Notification—Goals — Changes in status—Review of
69 parking laws.
70 A. This chapter applies to any major employer within the corporate limits of the city
71 of Yakima.
72 B. 1. Major employers known by city clerk to be located in the city of Yakima as
73 of the effective date of this chapter will receive written notification of the requirements they
74 are to meet pursuant to this chapter. Such notification shall be mailed within thirty days after
75 passage of the ordinance enacting this chapter.
76 2. Major employers who, for whatever reasons, do not receive written notice of this
77 chapter must identify themselves to the city clerk within one hundred eighty days of the
78 passage of the ordinance enacting this chapter. Such employers will be granted an extension
79 to assure one hundred fifty days within which to develop and submit a CTR program.
80 3. Employers who have not been identified by the city and who do not identify
81 themselves within one hundred eighty days of the passage of the ordinance enacting this
82 chapter are in violation.
83 4. Major employers who do not; submit an annual CTR program submittal report
84 within one hundred fifty days subsequent to the written notification by the city are
85 considered in violation.
86 5. The goals for reduction of vehicle miles traveled (VMT) per employee and single -
87 occupant vehicle rate (SOV rate) for all major employers identified within one hundred eighty
88 days of the passage enacting this chapter are: not less than a fifteen percent reduction from
89 the worksite base year values or the base year value of the commute trip reduction zone in
90 which their worksite is located by January 1, 1995; not less than a twenty percent reduction
91 from the base year value by January 1, 1997; not less than a twenty -five percent reduction
92 from the base year values by January 1, 1999 and not less than a thirty -five percent
93 reduction from the base year values by January 1, 4
95 employers idc ified within one htrrdred h
eigty days ef the paassagc enacting this chapter arc:
96 not less than ten perc-cfrt rcd-trcttisx fr-em base year value of the cute trip reduction zone ,
97 - -- - ' - • .: - , •• , : - . : :. •:-
98 :- - : .. ••
99 -- :. .. •••
100 C. 1. Employers who meet the definition of "major employer" in this chapter must
101 identify themselves to the city clerk within one hundred eighty days of either moving into the
102 boundaries of the city of Yakima or growing in employment at a worksite to one hundred or
103 more affected employees.
104 2. New major employers shall be granted a minimum of one hundred fifty days from
105 written notification of the city of Yakima or from the date of self- identification by a major
106 employer to develop and submit a CTR 'program.
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107. 3. New major employers who do not identify themselves within one hundred eighty
108 days are in violation.
109 4. New major employers are required to conduct an employee commuting survey or
110 submit approved equivalent data within one year of becoming subject to the terms and
111 conditions of this ordinance. A nNNew major employers shall have two years from the date of
112 CTR program approval to meet the first SOV and VMT reduction ofCTR goals of ten and
113 fifteen percent; four years from the date of CTR program approval to meet the second goals
114 of a twenty and twenty five percent reduction; six years from the date of CTR program
115 approval to meet the third goals of a - • . - : - • wed five percent reduction; and
116 twelve years from the date of CTR program approval to meet the fourth goal of a thirty -five
117 percent reduction.
118 D. Any of the following changes in an employer's status will change the employer's
119 CTR program requirements:
120 1. If an employer initially designated as a major employer no longer employs one
121 hundred or more affected employees and reasonably: expects not to employ one hundred or
122 more affected employees for the next twelve months, that employer is no longer a major
123 employer. It is the responsibility of the employer to notify the city that it is no longer a
124 major employer.
125 2. If the same employer returns to the level of one hundred or more affected
126 employees within the same twelve months, that employer will be considered a major
127 employer for the entire twelve months, and will be subject to the same program requirements
128 as other major employers.
129 3. If the same employer returns to the level of one hundred or more affected
130 employees twelve or more months after its change in status to non -major employer, that
131 employer shall be treated as a new major employer, and will be subject to the same program
132 requirements as other new major employers.
133 E. The commute trip reduction zone for major employers within the city shall be the
134 city limits of the city of Yakima.
135 F. The following system shall be used for determining (1) base year values of the
136 proportion of single- occupant vehicle commute trips and commute trip vehicle miles traveled
137 per employee and (2) progress toward meeting commute trip reduction plan goals on an
138 annual basis: a base year survey of major employers shall be completed within thirty days of
139 the passage of the ordinance enacting this chapter, and thereafter a survey of major employers
140 shall be made during goal years 1995, 1997 - 199 2001, 2003 and 2005.
141 G. In accordance with RCW 70.94, the city of Yakima will review local parking
142 policies and ordinances as they relate to major employers and affected worksites and will
143 make any revisions necessary to comply with CTR goals and guidelines in a period consistent
144 with the timelines of the growth management act review process.
145 5.90.030 CTR program requirements.
146 A. A major employer is required to develop and implement a CTR program that will
147 encourage its employees to reduce vehicle miles traveled per employee and single- occupancy
148 vehicle commute trips. The CTR program must include the mandatory elements described in
149 subsections B and C below that are necessary to achieve the CTR goals incorporated into this
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150 chapter. Not more than six months afte {r the enactment of this chapter, or within six months
151 after an employer qualifies under Section 5.90.020(C) or (D)(3), the employer shall submit a
152 description of its program to the city. Tlhereafter, at one -year intervals as set pursuant to
153 Section 5.90.050A, the employer shall provide an annual progress report to the city on
154 . employee commuting and progress toward meeting the single- occupancy vehicle goals.
155 Employers are required to make a good faith effort as defined in RCW 70.94.534(2) and this
156 ordinance to develo and im.lement a CTR •ro!ram that will encoura'e its em.lo ees to
157 reduce VMT per employee and SOV commute trips.
158 B. The CTR program description will present the strategies to be undertaken by an
159 employer to achieve the trip reduction gioals for 1995, 1997 and 1999. Employers are
160 encouraged to consider innovative strategies and combine program elements in a manner that
161 will best address their location, site characteristics, business type and employees' commuting
162 needs. Employers are further encouraged to cooperate with each other and to form or use
163 transportation management organizations in developing and implementing CTR programs.
164 At a minimum, the major employer's CTR program must include:
165 1. General description of the employment site location, transportation characteristics
166 and surrounding services, including unique conditions experience d by the employer or its
167 employees;
168 2. Number of employees affected by the CTR program;
169 3. Documentation of compliance with the mandatory CTR program elements;
170 4. Description of the additional elements included in the CTR program (as described
171 in subsection D of this section); and ii
172 5. Schedule of implementation, 'assignment of responsibilities and commitment to
173 provide appropriate resources. a'I
174 C. Each employer's CTR program shall also include the following mandatory
175 elements:
176 1. Transportation Coordinator. i4 The employer shall designate a transportation
177 coordinator to administer the CTR program. The coordinator's and /or designee's name,
178 location and telephone number must be displayed prominently at each major worksite. The
179 coordinator should oversee all elements H of the employer's CTR program and act as liaison
180 between the employer and city. A major employer with multiple major sites may have one
181 transportation coordinator for all sites.
182 2. Information Distribution. Information about alternatives to single- occupancy
183 vehicle commuting shall be provided to employees at least once a year. Each major
184 employer's program description must report the information to be distributed and the
185 method of distribution.
186 3. Annual Progress Report for Major Employers. The CTR program must include an
187 annual review of employee commuting and of progress toward meeting the single- occupancy
188 vehicle reduction goals. The city will supply major employers with a progress report form.
189 Major employers shall file two copies of an annual progress report with the city consistent
190 with the CTR task force guidelines. The report shall describe each of the CTR measures that
191 were in effect for the previous year, the results of any commuter surveys undertaken during
192 the year, and the number of employees participating in CTR programs. Within the report
193 the employer should evaluate the effectiveness of the CTR program and if necessary, propose
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194 modifications to achieve the CTR goals. Survey information or approved alternative
195 information must be provided in the 1995, 1997, a -1999 and 2005 reports.
196 D. In addition to the specific program elements described above, the major employer's
197 CTR program shall include additional elements needed to meet CTR goals. Elements may
198 include, but are not limited to, one or more of the following:
199 (a) Provision of preferential parking or reduced parking charges, or both, for high -
200 occupancy vehicles;
201 (b) Instituting or increasing parking charges for single- occupancy vehicles;
202 (c) Provision of commuter ride matching services to facilitate employee ridesharing
203 for commute trips;
204 (d) Provision of subsidies for transit fares;
205 (e) Provision of vans for vanpools;
206 (f) Provision of subsidies for carpools or vanpools;
207 (g) Permitting the use of the employer's vehicles for carpooling or vanpooling;
208 (h) Permitting flexible work schedules to facilitate employees' use of transit, carpools
209 or vanpools;
210 (i) Cooperation with transportation providers to provide additional regular or express
211 service to the worksite;
212 (j) Construction of special loading and unloading facilities for transit, carpool and
213 vanpool users;
214 (k) Provision of bicycle parking facilities, lockers, changing areas and showers for
215 employees who bicycle or walk to work;
216 (1) Provision of a program of parking incentives such as a rebate for employees who
217 do not use the parking facilities;
218 (m)Establishment of a program to permit employees to work part- or full -time at
219 home or at an alternative worksite closer to their homes;
220 (n) Establishment of a program of alternative work schedules such as a compressed
221 work week with reduced commuting; and
222 (o) Implementation of other measures designed to facilitate the use of high- occupancy
223 vehicles, such as on -site day care facilities and emergency services.
224 5.90.040 Record Keeping.
225 Major employers shall include a list of the records that will be kept as part of the CTR
226 program submitted to the city for approval. Employers will maintain all records listed in
227 CTR programs for a minimum of twenty -four months. The city and the employer shall agree
228 on the record keeping requirements as part of the accepted CTR program.
229 5.90.050 CTR annual progress reports.
230 A. Employer- Requested Program Modifications /Waivers /Extensions: Implementation
231 Deadlines. Upon review of a major employer's initial CTR program, the city shall establish
232 the employer's annual reporting date, which shall be not less than twelve months from the
233 day the program is submitted. Each year on the employer's reporting date, the employer shall
234 submit to city the annual CTR report. Survey information or approved alternative
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235 information must be provided in the reports submitted in the second, fourth, sixth, eighth,
236 tenth and twelfth years after program implementation begins.
237 B. The city shall provide the em ° ployer with written notification if a CTR program is
238 deemed unacceptable. The notification must give cause for the rejection. If the employer
239 receives no written notification of extension of the review period for the CTR program or
240 . comment on the CTR program or annual report within ninety days of submission, the
241 employer's program or annual report is deemed accepted. The city may extend the review
242 period up to 90 days.
243 C. A major employer may receive notification that certain aspects of its CTR plan are
244 not acceptable, and modifications will be required. A letter of notification, requesting such
245 modifications, will be sent addressed to the employer's transportation coordinator at the
246 worksite. Employers will be given thirty days from the date of notification to submit a
247 revised CTR program document.
248 D. Any employer may request the city for the waiver or modification of CTR
249 program elements, including record keeping requirements. Mandatory elements may not be
250 modified. Such request may be granted if one of the following conditions cxist:
251 1. Tthe employer can demonstrate it would be unable to comply with the CTR
252 program elements for reasons beyond the control of the employer_; or
253 254 :- .. -
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255 b - ...- ::. :: - : - - ::. -- . -: O -.
256 •• - - - - -
- - - -- i ,: :. - - •
258 - ; : • - - -- - 5 - _ al
259 E. An employer may request additional time to submit a CTR program or CTR
260 annual progress report, or to implement Hr modify a program. Such requests shall be made in
261 writing no less than thirty days before the due date for when the extension is being requested.
262 If there is no response issued to the employer, an extension is automatically granted for thirty
263 days. Extensions shall not exempt an employer from any responsibility in meeting program
264 goals. Extensions granted due to delays jr difficulties with any program element(s) shall not
265 be cause for discontinuing or failing to implement other program elements. An employer's
266 annual reporting date shall not be adjusted permanently as a result of these extensions. An
267 employer's annual reporting date may be extended at the discretion of the city.
268 F. Unless extensions are granted, the employer shall implement the approved CTR
269 program not more than one hundred eighty days after the program was first submitted to the
270 city. Implementation of the approved program modifications will occur within thirty days of
271 the final decision or one hundred eighty days from submission of the annual employer CTR
272 program report, whichever is greater.
273 5.90.060 Credit for transportation demand management efforts.
274 A. Major employers with successful transportation demand management programs
275 implemented prior to the 1992 base year will receive an inherent credit. This inherent credit
276 will be applied to the employer's single - occupancy vehicle and vehicle miles traveled for 1995.
277 This means that a major employer which already has a transportation demand management
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278 program in place may only need to continue that existing program, or provide minor
279 modifications to the program, in order to reach the 1995 single- occupancy vehicle and vehicle
280 miles traveled goals. No major employer, however, shall be exempt from submitting the
281 initial employer CTR program submittal reports as defined in Section 5.90.030 of this chapter.
282 B. Credit for alternative work schedules, work at home options, bicycling and
283 walking by affected employees shall be available on the following basis:
284 1. City will count commute trips eliminated through alternate work schedule, work
285 at home options, bicycling and walking as one and two- tenths vehicle trips eliminated. This
286 assumption applies to both the proportion of single- occupancy vehicle trips and vehicle miles
287 traveled per employee.
288 2. This type of credit is applied when calculating the single occupancy vehicle and
289 vehicle miles traveled goals of major employers.
290 5.90.070 Enforcement — Compliance — Program modification criteria — Violations.
291 A. For purposes of this section, "compliance" means fully implementing all provisions
292 in an accepted CTR program and meeting or exceeding vehicle miles traveled and single -
293 occupancy vehicle goals of this chapter.
294 B. The following criteria for achieving goals for vehicle miles traveled per employee
295 and proportion of single - occupancy vehicle trips shall be applied in determining requirements
296 for employer CTR program modifications:
297 1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this
298 ordinance, and meets either or both the applicable SOV or VMT goals, the employer has
299 satisfied the objectives of the CTR plan and will not be required to modify t teits CTR
300 program;
301 2. If an employer mccts the goal for propel-tia of single ecct p ney vehicle trips but
303 : . - -- - - - . - • - - :. - . - .
304 trips, will not penalize the employer if k flocs not implement recommended
305 modificationsmakes a good faith effort, as defined in RCW 70.94.534(2) and this ordinance.
306 but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work
307 collaborativel with the em.lo er to make modifications to its CTR .ro• ram. After a•reein!
308 on modifications the em.lo er shall submit a revised CTR .ro_ram descri.tion to the cit
309 for approval within 30 days of reaching an agreement.
310 3. If an employer fails to -- - - - - - - • - -" • - - - :: - - "" _ _ . - - La-
311 - - :- .:. : -. , :: : :: . --
312 . • - -- - - ":: • • •: - -' - . :: . a--. --
313 - - -:: .: -- - -- T• : -- :: . .
314 should have filed, its annual rcportmake a good faith effort, as defined in RCW 70.94.534(2)
315 and this ordinance, and fails to meet either the applicable SOV or VMT reduction goal, the
316 city shall work collaboratively with the employer to identify modifications to the CTR
317 . ro • ram and shall direct the em.lo er to revise its . ro ! ram within 30 da s to incorporate the
318 modifications. In response to the recommended modifications, the employer shall submit a
319 revised CTR program description, including the requested modifications or equivalent
320 measures, within 30 days of receiving written notice to revise its program.
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321 4. The city shall review the revisions and notify the employer of acceptance or
322 rejection of the revised program. If a revised program is not acceptable, city will send notice
323 to the employer to that effect within 30 days and, if necessary, require the employer to attend
324 a conference with program review staff for the purpose of reaching a consensus on the
325 required program. A final decision on the required program . will be issued in writing by the
326 city within ten working days of the conference.
327 C. The following constitute violations by major employers if the deadlines established
328 in this chapter are not met:
329 1. Failure to develop and /or submit on time a complete program including:
330 (a) Employers notified or who have identified themselves to the city within one
331 hundred eighty days of this chapter being adopted and who do not submit a CTR program
332 within one hundred fifty days from the notification or self - identification, and
333 (b) Employers not identified or self - identified within one hundred eighty days of this
334 chapter being adopted and who do not submit or implement a CTR program within one
335 hundred eighty days from the adoption of this chapter;
336 2. Failure to implement an appr 4ved CTR program or to comply with any
337 requirement of the program; 1
338 3. Failure to modify an unacceptable CTR program;
339 4. Failure to designate a transportation coordinator;
340 5. Failure to disseminate information to employees at a minimum, on an annual basis
341 as specified herein; 11 1,
342 6. Submission of fraudulent, false or bogus information, data and /or survey results.
343 7. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this
344 ordinance.
345 D. Penalties and Defense.
346 1. Penalties. A civil penalty of n L t more than fifty dollars may be assessed against the
347 employer for each day of a violation of any requirement of this chapter or for each day of
348 failure to implement any requirement of the employer's commute trip reduction program.
349 The employer shall be notified of the city's intent to impose a penalty, which notification
350 shall include a notice that the employer may appeal the decision to the city council within
351 thirty days of the date of the decision. N penalty shall be imposed until the employer has
352 been notified of the city's intent to impose a penalty, and the employer has been given an
353 opportunity to demonstrate that it has made a good faith attempt to comply with this
354 chapter.
355 2. Defense. It is a defense to a failure to implement any requirement of a commute
356 trip reduction program that the employer, has made a good faith attempt to comply with this
357 chapter and its failure to comply was due ;to circumstances beyond its control. Such
358 circumstances can include failure to reach' agreement with a certified bargaining agent when
359 the employer has notified the agent that compliance with this chapter necessitated the
360 bargaining and after the employer has pursued the bargaining in good faith.
361 3. No affected employer with an approved CTR program may be held liable for
362 failure to reach the applicable SOV or VMT goals.
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363 5.90.080 Worksite and employee exemption or goal modification.
364 A. Any major employer may request from the city an exemption at a particular
365 worksite from all CTR program requirements or ° penalties. The employer must demonstrate
366 that it would experience undue hardship in complying with the requirements of this chapter
367 as a result of the characteristics of its business, its workforce, or its location(s). An exemption
368 ma be :ranted if and onl if the affected em•lo er demonstrates that it faces extraordina
369 circumstances, such as bankruptcy, and is unable to implement any measures that could
370 reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by
371 the city at any time based on written notice provided by the affected employer. The notice
372 should clearly explain the conditions for which the affected employer is seeking an exemption
373 from the requirements of the CTR program. The City ffrayshall review annually all
374 employers receiving waivers, and shall determine whether the waiver will be in effect during
375 the following program year.
376 B. Any major employer may request from the city a modification of program goals.
377 Such requests shall be filed in writing at least 60 days prior to the date the worksite is required
378 to subinit its program description and annual report. The goal modification request must
379 clearly explain why the worksite is unable to achieve the applicable goal. The worksite must
380 also demonstrate that it has implemented all of the elements contained in its approved CTR
381 program. The city will review and grant or deny requests for goal modifications in
382 accordance with procedures and criteria identified in the CTR Task Force Guidelines. An
383 em lo er ma not re uet a modification of the applicable • oals until one year after the city
384 approval of its initial program description or annual report. Any condition that can be
385 demonstrated by the employer to warrant a modification will be considered. The cmploycr
386 - -. .:: . . - : • . ': :. .: . -.- • : -: • -- • -
387 mcasurcmcnt ycar (1995).
388 C. Specific employees or groups of employees who are required to drive alone to
389 work as a condition of employment may be exempted from a worksite's CTR program.
390 Exemptions may also be granted for employees who work variable shifts throughout the year
391 and who do not rotate as a group to identical shifts. The city will use the criteria identified in
392 the CTR Task Force Guidelines to assess the validity of employee exemption requests. The
393 city shall review annually all employee exemption requests, and shall determine whether the
394 exemption will be in effect during the following program year.
395 5.90.090 Appeals.
396 Any major employer may appeal administrative decisions regarding exemptions,
397 modification of goals, CTR program elements and violations to the city council by filing a
398 written notice of appeal with the city clerk. The notice of appeal shall identify the appellant,
399 describe the issue or subject of the appeal, and describe the remedy sought. The notice of
400 appeal must be filed within fifteen business days of the administrative decision. The city
401 council will evaluate the appeal by determining if the city's decisions were consistent with
402 CTR law and guidelines. Appeals may be granted if the employer can show (1) the violations
403 for which the penalties were imposed occurred for reasons beyond the employer's control, or
404 (2) the program components that the city directed the employer to incorporate in its CTR
405 program are unlikely to reduce the proportion of single- occupant vehicles or vehicle miles
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406 traveled per employee. The decision of the city council shall be final and conclusive, subject
407 only to appeal to the Yakima County superior court.
408 5.90.100 No private cause of action created.
409 It is the intent of this chapter to protect the health, safety and general welfare of the
410 general public only. It is not the intent of this chapter to create any private cause of action
411 upon the city's failure of any duty set forth herein if any, nor is it the intent of this chapter to
412 create any special relationship, reliance, privity or other exception to any government
413 immunity, including the public duty doctrine.
Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance,
is declared invalid or unconstitutional fo any reason, such decision shall not affect the
validity of the remaining portions of this ordinance, or other provisions of the Yakima
Municipal Code established by this ordinance.
Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regularmeeting and signed and approved this
2nd day of February, 1999.
!n % v - I
• John Puccinelli, Mayor
ATTEST:
•
kel
City Clerk
Publication Date: 02 -05 -99 Effective Date: 03 -07 -99
C: \word \ctr \99 ord.doc
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BUSINESS OF THE CITY COUNCIL
YAKCIMA, WASHINGTON
AGENDA STATEMENT
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Item No.
For Meeting of 2/2/99
ITEM TITLE: Amendment of the Commute Trip Reduction Ordinance
SUBMITTED BY: Chris Waarviick, Director of Public Works
CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager /575 -6005
SUMMARY EXPLANATION: In the '1998 Legislative session modifications were
made to the Commute Trip Reduction (;CTR) legislation. As a result of these
• legislative changes, it became necessry to make similar changes in local CTR
Ordinances. These modifications have been incorporated in the attached ordinance.
•
EXHIBITS
Resolution Ordinance X I Contract Other (Specify)
Funding Source: State funded CTR program_
APPROVED FOR SUBMITTAL: Fa
City Manager
STAFF RECOMMENDATION: Approve modified CTR Ordinance.
TRANSIT COMMITTEE RECOMMENDATION: This issue was presented at the 11/24/98
Council Transit Committee meeting.
COUNCIL ACTION: Ordinance, as amended, passed. Ordinance No. 99 -7
Section 5.90.010 (Q) amended to strike out "including"
and insert "excluding" (definition of motorcycle as
SOV)
�. "�_ ® Transport Building
rrr� i
Department of Transportation P.O. Box 47300
Sid *Mean Olympia. WA 98504.7300
Secretary of Transportation
RE IV ED
May 8, 1998
MAY i 11999
Mr. John Elsden . {i a, Y
City of Yakima
Department of Community and Economic Development
129 North Second Street
Yakima, WA 98901
Re: Proposed Changes to
City of Yakima's CTR Ordinance
Dear Mr. Elsden:
I'm writing in response to your request that the Washington State Department of
Transportation review and comment on proposed changes to the City of Yakima's
Commute Trip Reduction (CTR); Ordinance. Thank you for moving forward to
amend your ordinance to incorporate recent changes to the state CTR Law and the
CTR Task Force Guidelines. As know, it is important that local jurisdictions
revise their CTR ordinances as soon as possible in order to ensure statewide
consistency with the changes to :ie state law.
•
I apologize for the delay in responding to your request for comments. As I
mentioned on the phone, stafftumover in our office has caused delay on a number
of projects, and your request was, unfortunately, one of the victims. I hope the
delay has not unnecessarily inconvenienced you.
After reviewing the city's proposed revisions, I offer the following comments:
-
1) The following language is missing from the ordinance: "The City recognizes
the importance of increasingiindividual citizens' awareness of air quality,
energy consumption, and traffic congestion and the contribution that
individual actions can make toward addressing these issues." This language is
C 5 usually inserted into a findings or background section, which the City of
Yakima's ordinaace appearsIto lack. I suggest either adding a new findings
section or inserting the lang1 Rge into an existing section of the ordinance.
2) Section 5.90.010 (Definitions) lacks a definition for Single Occupant Vehicle
or Single Occupant Vehicle Trips. Please insert the following definitions: A)
"Single Occupant Vehicle (SOV) means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle." B) Single
Q. Occupant Vehicle (SOV) Trips means commute trips made by affected
employees in SOVs."
Mr. John Elsden
May 8, 1998
Page Two
3) Sections 5.90.020.13.5 and 5.90.020.B.6 could be combined and the text
revised to read as follows: "The goals for reduction of vehicle miles traveled
(VMT) per employee and single occupant vehicle rate (SOV rate) for all major
employers identified within one hundred eighty days of the passage enacting
A o . o d this chapter are: not less than a fifteen percent reduction from the worksite
$ base year value or the base year value of the commute trip reduction zone in
which their worksite is located by January 1, 1995; not less than a twenty
percent reduction from the base year value by January 1, 1997; not less than a
twenty -five percent reduction from the base year value by January 1, 1999;
and not less than a thirty -five percent reduction from the base year value by
January 1, 2005." This change recognizes the new program goals and the fact
that worksites now have the option of basing SOV and VMT reductions on
their own worksite base year value or the zone base year value.
4) Section 5.90.020.C.4 should be revised to read as follows: "New major
employers are required to conduct an employee commuting survey or submit
approved equivalent data within one year of becoming subject to the terms and
conditions of this ordinance. New major employers shall have two years from
5�� o • 0,3° the date of CTR program approval to meet the first SOV and VMT reduction
of fifteen percent four years from the date of CTR program approval to meet
the second goal of a twenty percent reduction; six years from the date of CTR
program approval to meet the third goal of a twenty-five percent reduction;
and twelve years from the date of CTR program approval to meet the fourth
goal of a thirty-five percent reduction."
5) Section 5.90.020.F should be changed to include a requirement for employers
to survey in 1995, 1997, 1999, 2001, 2003, and 2005. This is consistent with
S.� a ad° the CTR Task Force Guidelines which require surveys every other year, even
though there are no specified SOV or VMT reduction goals between 1999 and
o %°• 2 2005. This same change should be made to the last sentence of Section
5.90.030.C.3. .
6) Section 5.90.050.112 could be deleted, since the amendments to Section
43 63 • °5-° 5.90.020.13.5 and 5.90.020.B.6 (above) provide all employers the option of • basing SOV and VMT reductions on their own worksite's base year value.
In reviewing the document I also noticed a number of typographic errors which I
have not commented on. I assume they will'be corrected at some point along the
way as the ordinance is proofread and formatted.
Mr. John Elsden
May 8, 1998
Page Three
Thank you again for the opportunity to comment on the proposed ordinance .
changes; I hope that my comments are helpful, and apologize again for the delay
in responding to your request. Please contact me at (360) 705 -7508 if you have
any questions or wish to discuss my comments further. I look forward to
receiving a final copy of the revised ordinance after it is approved by the city
council.
• Sincerely,
T.J. Johnson
CTR Technical Assistance Team
TJJ:sat
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it
COMMITiTE TRIP REDUCTION Ja>>' 2 ,; 199r
CHECK LIST FOR REVISIONS TO ORDINANCE AND PLAN
GITY kr AKI MA
;1 (j ac M e M o U ::: Y rt DEVELOPMENT
A number of legislative and administrative changes to the CTR program have taken he
past year. Many of these changes require corresponding changes in local CTR ordinances and/or
CTR plans. RCW 70.94.527(4) requires local CTR plans and ordinances to be consistent with the
state law and the guidelines established by the CTR Task Force.
•
. Intergovernmental agreements recently ne?otiated between the Washington State Department of
Transportation ( WSDOT) and each county require each county to develop an interlocal agreement
with each CTR - affected jurisdiction within the county. One of the requirements of these agreements
is that each jurisdiction notify WSDOT when it intends to amend its CTR ordinance or plan and that
WSDOT be liven the opportunity to comment on the proposed revisions. We look forward to
working with you during the ordinance change process, and hope that we can assist you in moving
forward quickly and in a manner consistent with the law, Task Force guidelines, and other
jurisdictions.
The following is a list of the changes which should be made to your local CTR ordinance and/or
CTR plan in order to achieve consistency with the changes to the state CTR Law and the CTR Task
Force Guidelines.
Findings /
' Add the following language: The (cityicounty) recognizes the importance of increasing V
individual citizens' awareness of air quality, energy consumption, and traffic congestion
e „.,
Ni3 v and the contribution individual actions can make toward addressing these issues.'
L
Definitions
�� t .add the following definition of good faith effort: "Good faith effort means that an ✓
0 ` 9 employer has met the minimum requirements identified in RCW 70.94.531 and this
4 ordinance and is working collaboratively with the (city /county) to continue its existing
' CTR program or is developing and implementing program modifications likely to result
in improvements to its CTR program over an agreed upon length of time."
Goals
t Change the employer SOV and VMT reduction goals to a 15 percent reduction after two
> years. a 20 percent reduction after four years, a 25 percent reduction after six years, and a
35 percent reduction after twelve years. :Vote: for worksites which have been /
6 D pa in the CTR program since the beginning, this is a 15 percent reduction by
6 �D b 1995, a 20 percent reduction by 1997, a 5 percent reduction by 1999, and a 35 percent
reduction by 2005.
•
1F •
. Employer Requirements
ia Add the following. requirement'.`. "Employers are required to make a good faith effort as .
(p,) defined in RCW 70.94.534(2) and this ordinance to develop and implement a CTR .
0 4 y o program that will encourage its employees to reduce Vti1T per employee and SOV
a • commute trips.•
/Add the following requirementIfor employer annual progress reports: "Survey
information or approved altern information must be provided in the reports
q..) submitted in the second. fourth; sixth. eighth. tenth, and twelfth years after program
4°1°. ff implementation begins." Note 1 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:
Program Modification Criteria I f
Replace the existing language with the following: '
•
.4±r 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
�g�` satisfied the objectives of the i l R plan and will not be required to modify its CTR
4 A • b � program. �'
CI 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 •
_AO (city /county) shall work collaboratively with the emplo to make modifications to its
4k0• CTR program. After agreeing on modifications, the employer shall submit a revised CTR
4 5 ; :? ? , 7 ' . program description to the (city /county) for approval within 30 days of reaching an
agreement. p
❑ 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 either the applicable SOV or VN1T reduction goal, the
(city /county) s hall work collaboratively with the employer to identify modifications to the
5 6fr 0 't CTR program and shall direct i lthe employer to revise its program within 30 days to
Al) . incorporate the modifications.' In response to the recommended modifications, the
t5` 1)' employer shall submit a revised CTR program description. including the requested
modifications or equivalent m easures, within 30 days of' receiving written notice to revise
its program. The (city /county) shall review the revisions and notify the employer of
•
acceptance or rejection of the revised program. If a revised program is not accepted,
(city/county) 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 /county). within ten working days
of the conference.
. .
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Violations
SQ b ,a� ° 0' Add the following Language to the list of violations: "Failure to make a good faith effort.
L G� LI) as defined in RCW 70.94.534(4) and this ordinance.' .
Penalties
0
�1 Add the following language: "No affected employer with an approved CTR program may
5 co N ) be held liable for failure to reach the applicable SOV or VMT goals."
Exemptions and Goal Modifications
Revise the employer exemptions section to read as follows: "An affected employer may
submit a request to the (city /county) to grant an exemption from all CTR program
requirements or penalties for a particular worksite. The employer must demonstrate that
4 to'
f it would experience undue hardship in complying. with the requirements of the ordinance
4 • 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 SOV trips and VMT per employee.
Exemptions may be granted by the (city /county) at any time based on written notice
provided by the affected employer. The notice should.clearly explain the conditions for
which the affected employer is seeking an exemption from the requirements of the CTR
program. The (city/county)shall review annually all employers receiving exemptions and
shall determine whether the exemption will be in effect during the following program
year.
Revise the employee exemptions section to read as follows: "Specific employees or
groups of employees who are required to drive alone to work as a condition of
ao , ov" employment may be exempted from a worksite's CTR program. Exemptions may also be
granted for who work variable shifts throughout the year and who do riot
rotate as a group to identical shifts. The (city/county) will use the criteria identified in the
CTR Task Force Guidelines to assess the validity of employee exemption requests. The
(city /county) shall review annually all employee exemption requests. and shall determine
whether the exemption will be in effect during the following program year.
•
"Revise the goal modifications section to read as follows: "An affected employer may
request that the (city /county) modify its CTR program goals. Such requests shall be filed
��,
0 19— in writing at least 60 days prior to the date the worksite required to submit its program
r 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 /county) 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 /county) approval its initial program description or annual report."
3