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HomeMy WebLinkAbout04/07/2009 18 Commute Trip Reduction Plan; YMC Amendment Deleting 5.90.010 - 5.90.100; Adopting 5.90.010 - 5.90.110 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i — For Meeting of: April 7, 2009 ITEM TITLE: (A) An Ordinance amending Chapter 5.90 of the Yakima Municipal Code entitled "Commute Trip Reduction Plan," and deleting sections 5.90.010 through 5.90.100 and adopting new sections 5.90.010 through 5.90.110 of the `MC. (B) A . Resolution approving the Commute Trip Reduction Plan ( "CTR ") as implementing the amended Commute Trip Reduction (CTR) Program Ordinance, Chapter 5.90.010 — 5.90.110 of the City of Yakima Municipal Code, adopted by the City Council on April 7, 2009. SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager Gary Pira, Transit Project Planner Lawrence Watters, Senior Assistant City Attorney • CONTACT PERSON/TELEPHONE: Ken Mehin, 576 -6415 SUMMARY EXPLANATION: (A) Submitted for City Council consideration is the amendment to the Commute Trip Reduction (CTR) Ordinance Chapter 5.90 as required by RCW 70.94.527 of the State of Washington's Commute Trip Reduction Efficiency Act of 2006. In 1993, the City of Yakima adopted the Commute Trip Reduction Ordinance (City of Yakima Ordinance 93-28) to ensure compliance with RCW 70.94.521, the Commute Trip Reduction Act adopted by the Legislature in 1991. In 2006, the Legislature enacted RCW 70.94.527 and in amending the prior stature, provided new requirements for local govemments in the adoption of Commute Trip Reduction (CTR) Plans. (Continued on next page.) Resolution X Ordinance X Other (Specify Contract Mail to (name and address): Phone: Funding Source: APPROVED FOR SUBMI .� City Manager STAFF RECOMMENDATION: (A) Staff respectfully requests the City Council pass the Ordinance amending Chapter 5.90 of the Yakima Municipal Code. (B) Staff respectfully requests the City Council adopt the Resolution approving the Commute Trip Reduction Plan. • BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: Commute Trip Reduction Plan April 7, 2009 Page 2 The Yakima County Council of Govemments (YVCOG) prepared the City's updated Commute Trip Reduction (CTR) Plan and the City Council approved it at its meeting on February 19, 2008. By amending Chapter 5.90 of the City of Yakima Municipal Code entitled "Commute Trip Reduction Plan," deleting sections 5.90.010 through 5.90.100 and adopting new sections 5.90.010 through 5.90.110, the Municipal Code is updated in compliance with RCW 70.94.527. (B) Submitted for City Council consideration is a Resolution approving that the CTR Plan previously adopted on February 19, 2008 by the City Council implements the amended Commute Trip Reduction (CTR) Ordinance, Chapter 5.90.010 — 5.90.110 of the City of Yakima Municipal Code, adopted by the City Council on April 7, 2009. ® . ' S • ORDINANCE NO. 2009 - • AN ORDINANCE relating to the Commute Trip Reduction Plan for the City of Yakima as required by RCW 70.94.527 of the Commute Trip Reduction Efficiency Act of 2006; amending Chapter 5.90 of the City of Yakima Municipal Code entitled "Commute Trip Reduction Plan," specifically deleting sections 5.90.010 through 5.90.100; and further amending the municipal code by adopting new sections 5.90.010 through 5.90.110 in order to update the municipal code in compliance with RCW 70.94.527 and the State of Washington's Commute Trip Reduction Board. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 5.90 of the Yakima Municipal Code which is entitled "Commute Trip Reduction Plan' is amended to delete the entire text of the chapter as follows: Chapter 5.90 COMMUTE TRIP REDUCTION PLAN • Section 5:14 Definitions - laws 5.90.038 . 5.90.040 Rocerd- keeping, 5:- 90.058 . • 598868 - - - - • - • . 5:-90}08 - _ - • - - - - • - - 5-904188 • - - :: = : - - _ 5- 90.090 Appeals 5,90400 5.907040 Definitions. this apte " - tYf '7'1e. • n • •• _ e _ _ _ . • _ _ _ _ _ _. _ • . _ _ _ — • _ • _ • _ _ I. • _ • _ _ than"two ye'afs- employees: 2 2 8 §TZPa `), • 993). flaws. Y 'o g 'a"'_ • vielatien7 •• • • - ..... ■ a 3 0 a-- major- employer= sity-limitsef-the-eity-ef -Yakima: •I I • _ • • • • • • • • •• _ _ _ _ _ • - • - _ - - - - - - - - -- - - •-: elements-in-a-manner 0 4 empleyeesi- . . . distributer* •• r. •• and-2005-reports, - - • • GeFF}FFI tfiper 1 Vanpoel users; 5 eMPIGYeeS-Whe-biGYGieeFAIValk4041NOFki 0 ...• e•,...!_ ". 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Chapter 5.90 of the Yakima Municipal Code which is entitled 410 "Commute Trip Reduction Program" is amended as follows: Chapter 5.90 COMMUTE TRIP REDUCTION PROGRAM Sections: 5.90.010 Definitions. 5.50.020 The City's CTR Plan. 5.90.030 CTR Goals. 5.90.040 Responsible City Agencv(s). 5.90.050 Applicability. 5.90.060 Requirements for Employers — RCW 70.94.531. 5.90.070 Record Keeping. 5.90.080 Schedule and Process for CTR Program Description and Report. 5.90.090 Enforcement. 5.90.100 Exemptions and Goal Modifications. 5.90.110 Appeals. 5.90.010 Definitions. For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: 110 "Affected Employee" means a full -time employee who begins his or her regular work day at a single worksite covered by the Commute Trip Reduction Plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. "Affected Employer" means an emplover that employs one hundred (100) or more full - time employees at a single worksite covered by the Commute Trip Reduction Plan who are scheduled to begin their regular work day between 6 :00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve 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.) "Alternative Mode" means any means of commute transportation other than that in which the single - occupant motor vehicle is the dominant mode: including telecommutinq and compressed work week schedules if they result in reducinq commute trips. ., "Alternative Work Schedules" mean programs such as compressed work week schedules that eliminate work trips for affected employees. "Base year" means the twelve -month period which commences when a major employer is determined by the iurisdiction to be participating within the CTR program. The City uses this twelve -month period as the basis upon which it develops commute trip reduction goals. "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 10 IIII baseline measurement must be implemented in a manner that meets the requirements specified by the City. "Carpool" means a motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the • reduction of a minimum of one motor vehicle commute trip. "Commute Trips" mean trips made from a worker's home to a worksite (inclusive) on weekdays. "CTR" is the abbreviation of Commute Trip Reduction. "CTR Program" means an employer's strategies to reduce employees' drive alone commutes and average VMT per employee. "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full -time employees during that period. "Compressed Work Week" means an altemative 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. "Custom Bus/Buspool" means a commuter bus service arranged specifically to transport employees to work. "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. • .Drive Alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. "Drive Alone Trips" means commute trips made by employees in single occupant vehicles. "Employee Transportation Coordinator (ETC)° means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program. "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. "Exemption" means a waiver from any or all CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. "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. "Full -Time Employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week. "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 (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. "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 (ETC), distribution of information to employees regarding 11 altematives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full -time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9 :00 a.m. on weekdays for at least twelve continuous months. "Major employer worksite" or 'affected employer worksite" or " worksite" means the physical location occupied by a maior employer, as determined by the local jurisdiction. "Major employment installation" means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City, at which there are one hundred or more affected employees. "Mode" means the means of transportation used by employees, such as single - occupant motor vehicle rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting. "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. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. ( inclusive), Monday through Friday, except legal holidays. "Peak Period Trip" means any commute 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. "Proportion of Drive Alone Trips" or "Drive Alone Rate" means the number of commute trips over a set period made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period. "Ride Matching Service" means a system which assists in matching commuters for the purpose of commuting together. "Teleworkinq° or 'Tetecommutinq" means the use of telephones, computers, or other similar technology tormit 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. 'Transit" means a multiple-occupant vehicle operated on a for -hire, shared -ride basis, indudina bus, passenger ferry, rail, shared -ride taxi, shuttle bus, or vanpool. "Transportation Demand Management (TDM)" means a broad range of strategies that . are primarily intended to reduce and reshape demand on the transportation system. '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_ "Vanpoor means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. "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. 'Week" means a seven -day calendar period starting on Monday and continuing through Sunday. 'Weekday" means any day of the week except Saturday or Sunday. '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 12 11 / the original signed and dated document via mail or delivery. (Ord. 99-7 § 1 (part), 1999: Ord. 93-28 § 1 (part), 1993). 5.90.020 The City's CTR Plan. The goals established for the jurisdiction and affected employers in the City Commute Trip Reduction Plan set forth in the plan were previously adopted by the City Council on February 19, 2008. The City staff is directed to make any corrections for typographical errors, include any graphical materials for information, and complete the Commute Trip Reduction Plan. 5.90.030 CTR Goals. A. Commute Trip Reduction Goals The City's goals for reductions in the proportions of drive -alone commute trips and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designated by the City are hereby established by the City's CTR - Plan incorporated by 5.90.020 above. These goals establish the desired level of performance for the CTRprogram in its entirety in the City. The City will set the individual worksite goals for affected employers based on how the worksite can contribute to the City's overall goal established in the CTR plan. The goals will appear as a component of the affected employer's approved implementation plan outlined in 5.90.060 below. B. Commute Trip Reduction Goals for Affected Employers 1. The -drive -alone and VMT goals for affected employers in the City are hereby established as set forth in the CTR Plan incorporated by 5.90.020 above. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City at a level designed to achieve the City's overall goals for the jurisdiction and other areas as designated by the City. The City shall provide written notification of the goals for each affected employer worksite by providing the information when the City reviews the employer's proposed program and incorporating the goals into the program approval issued by the City. 5.90.040 Responsible City Apency(s). The City's agency(s) responsible for implementing this ordinance, the CTR :Plan, and the City's CTR program should be identified together with any authority necessary to carry out such responsibilities such as rule - making or certain administrative decisions. • 5.90.050 Applicability. • The provisions of this ordinance shall apply to any affected employer within the geographic limits of the CTR Plan adopted in 5.90.020 above. A. 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 city's official newspaper not more than 30 days • after passage of this ordinance or revisions. 2. Affected employers located in the City are to receive written notification that they are subiect to this ordinance. Such notice shall be addressed to the company's chief 13 executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City. 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 to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City within 90 days from the passage of the ordinance are in violation of this ordinance. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City, under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. B. 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 outlined in the CTR Plan adopted in 5.90.020 above or growing in employment at a worksite to one hundred (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. 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 CTR Program to the City. The program will be developed in consultation with the City staff listed in 5.90.040 above to be consistent with the goals of the CTR Plan adopted in 5.90.020. The program shall be implemented not more than 90 days after approval by the City. Employers who do not implement an approved CTR Program according to this schedule are in violation of this ordinance and subject to the penalties outlined in 5.90.090 D below. C. 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 one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (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. The burden of proof lies with the employer. 2. If the same employer retums to the level of one hundred (100) or more affected employees within the same twelve (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 one hundred (100) or more affected employees twelve (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. 14 5.90.060 Requirements for Employers — RCW 70.94.531. 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 CTR program must include the mandatory elements as described below. A. Mandatory Program Elements Each employer's CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC): The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or desgnee's name, location, and telephone number must be prominently displayed physically or electronically 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. 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. 2. Information Distribution: Information about alternatives to drive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a__ year and to new employees at the time of hire. The summary of the employer's CTR Program shall also be submitted to the City with the employer's program description and regular report. B. 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 for high- occupancy vehicles 2. Reduced parking charges for high - occupancy vehicles; 3. Instituting or increasing parking charges for drive alone commuters; 4. Provision of commuter ride matching services to facilitate employee ridesharinq for commute trips; 5. Provision of subsidies for rail. transit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharinq; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, 'orcompressed schedules: 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer's vehicles for carpooling or vanpoolinq; 10. Permitting flexible work schedules to facilitate employees' use of transit. carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; 13. Provision of bicydeyarkinq facilities, lockers, changing areas, and showers for employees who bicycle or walk to work 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full -time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; employees who bicycle or walk to work; 15 17. Implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on -site day care facilities, emergency taxi services, or guaranteed ride home programs; 18. Charging employees for parking, and/or the elimination of free parking; and 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description Affected employers shall review their program and file a regular progress report with the City in accordance with the format provided by the City. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. 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 to implement program elements. At a minimum, the employer's CTR Program Report and Description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability. on -site amenities, and surrounding services; 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation on compliance with the mandatory CTR program elements as described in 5.90.060 Ai 4. Description of any additional elements included in the employer's CTR program as described in 5.90.060 B; and 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. D. Biennial Measure of Employee Commute Behavior 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) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. 5.90.070 Record Keeping. Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City for a minimum of 48 months. The City and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 5.90.080 Schedule and Process for CTR Program Description and Report. A. Document Review The City shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification mustsive cause for any reiection. 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. City may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. 16 • 3. If an employer fails to make a good faith effort as defined in RCW 70.94534(2) and this ordinance, and fails to meet the applicable drive alone or VMT reduction goal, the City shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, 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 10 working days of the conference. C. Violations The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to self identify as an affected employer, 2. Failure to perform a baseline measurement, including: a. Employers notified or that have identified themselves to the City within 90 • days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the notification or self- identification; b. Employers not identified or self-identified within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the • requirements- specified by the City within 90 days from the adoption of the ordinance: 3. Failure to develop and/or submit on time a complete CTR program; 4. 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 ordinance; 5. Submission of false or fraudulent data in response to survey requirements; 6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or 7. 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 forfeiture 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. A civil penalty of not more than $250 may be assessed against the employer for each day of willful violation of any requirement of this ordinance or for each day of failure to implement any requirement of the employer's CTR program. 3. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: • . . a. Propose to a recognized union any provision of the employer's CTR program • that is subject to bargaining as defined by the National Labor Relations Act; and 18 B. Schedule Upon review of an employers initial CTR program, the City shall establish the employer's regular reporting date. This report will be provided in a form provided by the City consistent with 5.90.060 C above. C. Modification of CTR Program Elements Any affected employer may submit a request to the City for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer. or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. The City may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request. D. Extensions An employer may request additional time to submit a CTR Program Description and 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 shall grant or deny the employers extension request by written notice within 10 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 regular reporting date shall not be adjusted permanently as a result of these extensions. An employers annual reporting date may be extended at the discretion of the City. E. Implementation of Employers 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 that the program has been approved or with the expiration of the program review period without receiving notice from the City. 5.90.090 Enforcement. A . Compliance For purposes of this section, compliance shall mean: 1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Proqram Description and Report; 2. Providing a complete CTR Program Description and Report on the regular reporting date: and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. 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 improve 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 the applicable drive alone or VMT goal, no additional modifications are required. 17 • b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). 5.90.100 Exemptions and Goal Modifications. A. Worksite Exemptions - An affected employer may request the City to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the City 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 shall grant or deny the request within 30 days of receipt of the request. 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 will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The City shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employee exemption requests, 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 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 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 approval of its initial program description or annual report. 5.90.110 Appeals. Any major employer may appeal administrative decisions - regarding exemptions, modification of goals, CTR program elements and violations to the City Council by filing a written notice of appeal with the City Clerk. The notice of appeal shall identify the appellant, describe the issue or subject of the appeal, and describe the remedy sought. The notice of appeal must be filed within fifteen business days of the administrative decision. The City Council will evaluate the appeal by determining if the City's decisions were consistent with CTR law and guidelines. Appeals may be granted if the employer can show (1) the violations for which the penalties were imposed occurred for reasons 19 . beyond the employer's control, or (2) the program components that the City directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of single occupant vehicles or vehicle miles traveled per employee. The decision of the City Council shall be final and conclusive, subiect only to appeal to the Yakima County Superior Court. (Ord. 99-7 § 1 (part), 1999: Ord. 93-28 § 1 (part), 1993). Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. 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, signed and approved this day of March, 2009. David Edler, Mayor ATTEST: By City Clerk Publication Date: Effective Date: 0 20 Chapter 5.90 COMMUTE TRIP REDUCTION PROGRAM Sections: 5.90.010 Definitions. 5.50.020 The City's CTR Plan. 5.90.030 CTR Goals. 5.90.040 Responsible City Agency(s). 5.90.050 Applicability. 5.90.060 Requirements for Employers — RCW 70.94.531. 5.90.070 Record Keeping. 5.90.080 Schedule and Process for CTR Program Description and Report. 5.90.090 Enforcement. 5.90.100 Exemptions and Goal Modifications. 5.90.110 Appeals. 5.90.010 Definitions. For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: • "Affected Employee means a full -time employee who begins his or her regular work day at a single worksite covered by the Commute Trip Reduction Plan between 6:00 a.m. and 9:00 a.m. ( indusive) on two or more weekdays for at Ieast twelve continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. "Affected Employer" means an employer that employs one hundred (100) or more full - time employees at a single worksite covered by the Commute Trip Reduction Plan who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is Tess than two years, are excluded from this definition. (Also see definition of employer.) "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 week schedules if they result in reducing commute trips. "Alternative Work Schedules" mean programs such as compressed work week schedules that eliminate work trips for affected employees. "Base year" means the twelve -month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City uses this twelve -month period as the basis upon which it develops commute trip reduction goals. "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 410 baseline measurement must be implemented in a manner that meets the requirements specified by the City. "Carpool" means a motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. "Commute Trips" mean trips made from a worker's home to a worksite (inclusive) on weekdays. "CTR" is the abbreviation of Commute Trip Reduction. "CTR Program" means an employer's strategies to reduce employees' drive alone commutes and average VMT per employee. "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full -time employees during that period. "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. "Custom Bus/Buspoor means a commuter bus service arranged specifically to transport employees to. work. "Dominant Mode" means the mode of travel used for the greatest distance of a commute trip. "Drive Alone" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. "Drive Alone Trips" means commute trips made by employees in single occupant vehicles. "Employee Transportation Coordinator (ETC)" means a person who is designated as responsible for . the development, implementation and monitoring of an employer's CTR program. "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. "Exemption" means a waiver from any or all CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. "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. "Full -Time Employee" means a person, other than an independent contractor, whose position is scheduled on a continuous basis for 52 weeks for an average of at least 35 hours per week. "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 (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. "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 (ETC), distribution of information to employees regarding altematives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. - 2 • "A major employer" means a private or public employer, including state agencies, that employs one hundred or more full -time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months. "Major employer worksite" or 'affected employer worksite" or " worksite" means the physical location occupied by a major employer, as determined by the local jurisdiction. "Major employment installation" means a military base or federal reservation, excluding tribal reservations, or other locations as designated by the City, at which there are one hundred or more affected employees. "Mode" means the means of transportation used by employees, such as single- occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, compressed work week schedule and telecommuting. "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. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. - (inclusive), Monday through Friday, except legal holidays. "Peak Period Trip" means any commute 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. "Proportion of Drive Alone Trips" or "Drive Alone Rate" means the number of commute trips over a set period made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period. • "Ride Matching Service" means a system which assists in matching commuters for the purpose of commuting together. "Teleworking" or 'Telecommuting" means the use of telephones, computers, �r 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. "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. Transportation Demand Management (TDM)" means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. "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. " Vanpool" means a vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip. '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. - 'Week" means a seven -day calendar period starting on Monday and continuing through Sunday. 'Weekday" means any day of the week except Saturday or Sunday. '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. (Ord. 99-7 § 1 (part), 1999: Ord. 93-28 § 1 (part), 1993). 3 5.90.020 The City's CTR Plan. The goals established for the jurisdiction and affected employers in the City Commute Trip Reduction Plan set forth in the plan were previously adopted by the City Council on February 19, 2008. The ,City staff is directed to make any corrections for typographical errors, include any graphical materials for information, and complete the Commute Trip Reduction Plan. 5.90.030 CTR Goals. A. Commute Trip Reduction Goals The City's goals for reductions in the proportions of drive -alone commute trips and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designated by the City are hereby established by the City's CTR Plan incorporated by 5.90.020 above. These goals establish the desired level of performance for the CTR program in its entirety in the City. The City will set the individual worksite goals for affected employers based on how the worksite can contribute to the City's overall goal established in the CTR plan. The goals will appear as a component of the affected employer's approved implementation plan outlined in 5.90.060 below. B. Commute Trip Reduction Goals for Affected Employers 1. The drive -alone and VMT goals for affected employers in the City are hereby established as set forth in the CTR Plan incorporated by 5.90.020 above. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City at a level designed to achieve the City's overall goals for the jurisdiction and other areas as designated by the City. The City shall provide written notification of the goals for each affected employer worksite by providing the information when the .City reviews the employer's proposed program and incorporating the goals into the program approval issued by the City. 5.90.040 Responsible City Agency(s). The City's agency(s) responsible for implementing this ordinance, the CTR Plan, and the City's CTR program should be identified together with any authority necessary to carry out such responsibilities such as rule- making or certain administrative decisions. 5.90.050 Applicability. The provisions of this ordinance shall apply to any affected employer within the geographic limits of the CTR Plan adopted in 5.90.020 above. A. 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 city's official newspaper not more than 30 days after passage of this ordinance or revisions. 2. Affected employers located in the City 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, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a 4 baseline measurement consistent with the measurement requirements specified by the City. 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 to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance and do not perform a baseline measurement consistent with the measurement requirements specified by the City within 90 days from the passage of the ordinance are in violation of this ordinance. 5. If an affected employer has already performed a baseline measurement, or an altemative acceptable to the City, under previous iterations of this ordinance, the employer is not required to perform another baseline measurement. B. 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 outlined in the CTR Plan adopted in 5.90.020 above or growing in employment at a worksite to one hundred (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. 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 CTR Program to the City. The program will be developed in consultation with the City staff listed in 5.90.040 above to be consistent with the goals of the CTR Plan adopted in 5.90.020. The program shall be implemented not more than 90 days after approval by the City. Employers who do not implement an approved CTR Program according to this schedule are in violation of this ordinance and subject to the penalties outlined in 5.90.090 D below. C. 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 one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (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. The burden of proof lies with the employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (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 one hundred (100) or more affected employees twelve (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. 5.90.060 Requirements for Employers — RCW 70.94531. 5 An affected employer is required to make a good faith effort, as defined in, RCW 4110 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 traps. The CTR program must include the mandatory elements as described below. A. Mandatory Program Elements Each employers CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC): The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and /or designee's name, location, and telephone number must be prominently displayed physically or electronically 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. 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. 2. Information Distribution: Information about alternatives to drive alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the .:employer's CTR Program shall also be submitted to the City with the employer's program • description and regular report. B. 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 for high - occupancy vehicles 2. Reduced parking charges for high - occupancy vehicles; 3. Instituting or increasing parking charges for drive alone commuters; 4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 5. Provision of subsidies for rail, transit, or vanpool fares and /or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, orcompressed schedules; 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer's vehicles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees' use of transit, carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading_ a nd unloading facilities for transit, carpool, and - vanpool users; 13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full -time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; employees who bicycle or walk to work; 17. Implementation of other measures designed to facilitate the use of high - occupancy vehicles, such as on -site day care facilities, emergency taxi services, or guaranteed ride home programs; 18. Charging employees for parking, and/or the elimination of free parking; and 6 • 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description Affected employers shall review their program and file a regular progress report with the City in accordance with the format provided by the City. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. 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 to implement program elements. At a minimum, the employer's CTR Program Report and Description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability, on -site amenities, and surrounding services; 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation on compliance with the mandatory CTR program elements as described in 5.90.060 A; 4. Description of any additional elements included in the employer's CTR program as described in 5.90.060 B; and 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals. D. , Biennial Measure of Employee Commute Behavior • 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) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. 5.90.070 Record Keeping. Affected employers shall maintain a copy of their approved CTR Program Description and Report, their CTR Program Employee Questionaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the City for a minimum of 48 months. The City and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 5.90.080 Schedule and Process for CTR Program Description and Report. A. Document Review The City 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. City may extend the review period up to 90 days. The implementation date for the employer's CTR program will be extended an equivalent number of days. B. Schedule Upon review of an employer's initial CTR program, the City shall establish the • employer's regular reporting date. This report will be provided in a form provided by the City consistent with 5.90.060 C above. 7 C. Modification of CTR Program Elements Any affected employer may submit a request to the City for modification of CTR requirements. Such request may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer, or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. The City may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request. D. Extensions An employer may request additional time to submit a CTR Program Description and 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 shall grant or deny the employer's extension request by written notice within 10 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 regular 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. E. 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 0 written notice from the City that the program has been approved or with the expiration of the program review period without receiving notice from the City. 5.90.090 Enforcement. A. Compliance . For purposes of this section, compliance shall mean: 1. Fully implementing in good faith all mandatory program elements as well as provisions in.the.approved CTR Program Description and Report; 2. Providing a complete CTR Program Description and Report on the regular reporting date; and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. 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 improve 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 the applicable drive alone or VMT goal, no additional modifications are required. 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 shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program 8 • • modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, 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 10 working days of the conference. C. Violations The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to self identify as an affected employer, 2. Failure to perform a baseline measurement, including: a. Employers notified or that have identified themselves to the City within 90 days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City within 90 days from the notification or self- identification; b. Employers not identified or self - identified within 90 days of the ordinance . being adopted and that do not perform a baseline measurement consistent with the requirements specified • by the City within 90 days from the adoption of the ordinance; . . 3. Failure to develop and/or submit on time a complete CTR program; 4. 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 ordinance; 5. Submission of false or fraudulent data in response to survey requirements; 6. Failure to make a good faith effort, as defined in RCW 70.94.534 and this ordinance; or 7. 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. A civil penalty of not more than $250 may be assessed against the employer for each day of willful violation of any requirement of this ordinance or for each day of failure to implement any requirement of the employer's CTR program. . 3. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer's CTR program that is subject to bargaining as defined by the National Labor Relations Act; and - b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City and advise the union that the proposal being made 0 is necessary for compliance with state law (RCW 70.94.531). 5.90.100 Exemptions and Goal Modifications. 9 A. Worksite Exemptions An affected employer may request the City to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee. Exemptions may be granted by the City 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 shall grant or deny the request within 30 days of receipt of the request. 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 will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The City shall grant or deny the request within 30 days of receipt of the request. The City shall review annually all employee exemption requests, 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 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 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 approval of its initial program description or annual report. 5.90.110 ,Appeals. Any major employer may appeal administrative decisions regarding exemptions, modification of goals, CTR program elements and violations to the City Council by filing a written notice ' of appeal with the City Clerk. The notice of appeal shall identify the appellant, describe the issue or subject of the appeal, and describe the remedy sought. The notice of appeal must be filed within fifteen business days of the administrative decision. The City Council will evaluate the appeal by determining if the City's decisions were consistent with CTR law and guidelines. Appeals may be granted if the employer can show (1) the violations for which the penalties were imposed occurred for reasons beyond the employer's control, or (2) the program components that the . City directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of single occupant vehicles or vehicle miles traveled per employee. The decision of the City Council shall be final and conclusive, subject only to appeal to the Yakima County • Superior. Court. (Ord. 99-7 § 1 (part), 1999: Ord. 93-28 § 1 (part), 1993). 10 • RESOLUTION NO. R -2009 - A RESOLUTION approving the Commute Trip Reduction (CTR) Plan for purposes of implementing the amended Commute Trip Reduction (CTR) Program Ordinance, Chapter 5.90.010 - 5.90.110 of the City of Yakima Municipal Code, adopted by the City Council on April 7, 2009. WHEREAS, the Yakima Valley Conference of Govemments (YVCOG) prepared the City of Yakima's updated Commute Trip Reduction (CTR) Plan and the City Council approved it at its meeting on February 19, 2008; and WHEREAS, the State of Washington reviewed and approved the City of Yakima's CTR Plan revisions for the period 2007 to 2011; and WHEREAS, RCW 70.94.527 requires that a CTR Plan is adopted by . ordinance for the jurisdiction involved in order to participate in program funding and available grants; and WHEREAS, the City Council amended the Commute Trip Reduction (CTR) Program , Ordinance on April 7, 2009; and WHEREAS, the previously adopted CTR Plan implements the amended Commute Trip Reduction (CTR) Ordinance, Chapter 5.90.010 - 5.90.110, of the City of Yakima • Municipal Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The previously adopted CTR Plan implements the amended Commute Trip Reduction (CTR) Ordinance, Chapter 5.90.010 - 5.90.110, of the City of Yakima Municipal Code, adopted by the City Council on April 7, 2009. ADOPTED BY THE CITY COUNCIL this _day of , 2009. David Edler, Mayor ATTEST: City Clerk