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HomeMy WebLinkAboutR-2006-187 Yakima Valley Conference of Governments AgreementRESOLUTION NO. R-2006-187 A RESOLUTION authorizing and ratifying the Yakima City Mayor's execution of a "Memorandum of Agreement Between The Yakima Valley Conference of Governments and the City of Yakima" to provide for the Yakima Valley Council of Governments' coordination, implementation and administration of the Commute Trip Reduction Law. WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34 RCW provides for interlocal cooperation between government agencies; and WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction Law (hereinafter CTR) in 1991, codified in RCW 70.94.521-551; and WHEREAS, the parties to this Agreement have determined that it is within the best interests of the public to develop and maintain a CTR Plan for their jurisdiction; and WHEREAS, the CTR Efficiency Act was passed by the Washington Legislature in 2006, amending RCW 70.94.524, .527, .531, .537, .541, .544, .547 and .551; and adding new sections to Chapter 70.94 RCW to more efficiently and effectively implement the CTR requirements; and WHEREAS, this Agreement between the City of Yakima and the Yakima Valley Conference of Governments (hereinafter "YVCOG") is entered to meet the requirements of the Enhanced CTR Law; and WHEREAS, YVCOG is better able to coordinate the CTR program throughout the several cities it represents in a more efficient and consistent manner than would be the City of Yakima acting alone; and WHEREAS, YVCOG shall ensure that the local CTR plan meets the requirements of the Enhanced CTR Law and the rules established; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Mayor's execution of the attached and incorporated Memorandum of Agreement Between The Yakima Valley Conference of Governments and the City of (jc)res/MOA-YVCOG CTR Agreement Yakima for the coordination, development and implementation of a local Enhanced CTR Plan for the City of Yakima is hereby authorized and ratified. ADOPTED BY THE CITY COUNCIL this 12th day of tjember, 2 (jc)resIMOA-YVCOG CTR Agreement 2 avid dleirg 01./Lf , ayor MEMORANDUM OF AGREEMENT BETWEEN THE YAKIMA VALLEY CONFERENCE OF GOVERNMENTS and the CITY OF YAKIMA This agreement is made and entered into this /2 day of e''!'JY/ , 2006 by and between the City Yakima, hereinafter designated as the "CITY", and the Yakima Valley Conference of Governments hereinafter designated as the "CONFERENCE"; WHEREAS, the Interlocal Cooperation Act, as amended and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, the 1991 Washington State Legislature enacted the Commute Trip Reduction Law (hereinafter referred to as the "CTR LAW") which was codified in RCW 70.94.521 through 70.94.551; and WHEREAS, the parties hereto have determined that it is within the best interest of the public to develop and maintain a Commute Tnp Reduction Plan for their junsdiction; and, WHEREAS, under this agreement the City recognizes the Conference as the Lead Agency, representing each jurisdiction, for the Yakima County Commute Tnp Reduction program; and, WHEREAS, the 1991 Washington State Legislature found that automobile traffic in Washington's metropolitan areas is the major source of emissions of air contaminants and that increasing automobile traffic is aggravating traffic congestion. Further, the 1991 Legislature found that increasing automobile traffic is a major factor in increasing consumption of gasoline. According to the Legislature, reducing the number of commute trips to work via single -occupant vehicles is an effective way of reducing vehicle related air pollution, traffic congestion and energy use; and, WHEREAS, to address these problems, the Transportation Demand Management Act (Second Substitute House Bill 1671, herein known as the "CTR Law") was passed by the 1991 Legislature and signed by the Governor. A 22 -member, governor -appointed task force was created to oversee implementation. The CTR Law requires counties with populations of one hundred fifty thousand or more cities within those counties containing "major employers" (employers, private or public, who employ one hundred or more full-time employees who amve at work between the hours of 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve consecutive months during the year) to develop plans and programs to reduce single occupant vehicle commute trips; and, WHEREAS, to address the problems of worsening traffic congestion statewide, the CTR Efficiency Act (Engrossed Substitute Senate Bill 6566, hereinafter known as the "Enhanced CTR Law") was passed by the 2006 Legislature and signed by the Governor. This legislation amends RCW 70.94.524, 70.94.527, 70.94.531, 70.94.537, 70.94.541, 70.94.544, 70.94.547, and 70.94.551; and adding new sections to chapter 70.94 RCW. An 18 member, governor appointed CTR Board was created to oversee implementation. The Enhanced CTR Law requires each county containing an urban growth area (UGA) with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas, shall adopt a commute CTR Memorandum of Agreement Page 1 of 4 November 20, 2006 trip reduction plan and ordinance for mayor employers in the affected urban growth area. Jurisdictions located within an urban growth area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area. The local CTR plan shall be designed to achieve reductions in the proportion of single -occupant vehicle commute trip and be consistent with the rules established by the Washington State Department of Transportation. The county, city or town shall submit its adopted local CTR plan to the regional transportation planning organization (RTPO). The county, city, or town plan shall be included in the regional commute trip reduction plan for regional transportation planning purposes, consistent with the rules established by WSDOT; and WHEREAS, this agreement between the City and the Conference is formed to meet the requirements of the Enhanced CTR Law NOW, THEREFORE, the undersigned parties, having entered into this agreement by their signature, mutually agree as follows: Section 1 — Local CTR Plans The Conference will employ staff sufficient to coordinate the development and ongoing implementation of a local CTR Plan for the City. The Conference will also administer the local CTR Plan. The Conference staff will ensure that the local CTR Plan meets the requirements of the Enhanced CTR Law and the rules established; the local CTR Plan will include: 1. 2. 3. 4. 5. 6. Goals for reductions in the proportion of single -occupant vehicle commute tnps consistent with the state goals established by the state CTR Board under RCW 70.94.537 and the regional commute trip reduction plan goals established in the regional CTR plan. A descnption of strategies for achieving the goals. A sustainable financial plan describing projected revenues and expenditure to meet the goals. A description of the requirements for mayor public and private sector employers to implement commute trip reduction programs. A commute trip reduction program for employees of the affected jurisdiction. A means, consistent with rules established by WSDOT, for determining base year values and progress toward meeting local CTR Plan goals. The local CTR Plan shall be developed in consultation with local transit agencies, the Yakima Valley Metropolitan and Regional Transportation Planning Organization (MPO/RTPO), major employers, and other interested parties. The Conference will be responsible for coordinating the participation of the affected jurisdictions and development of their local CTR Plans. Section II — Affected Employers In addition to developing the local CTR Plan, the Conference will also: 1. Take reasonable measures to identify and notify all affected employers within the affected urban growth area(s). CTR Memorandum of Agreement Page 2 of 4 November 20, 2006 2. Create and maintain a database of major employers and other interested parties as defined by the Enhanced CTR Law. 3. Provide infoiivation and services to the affected employers to assist in their accomplishing the goals of the local CTR Plan. This information includes, but is not hmited to the following: 3.1 Meet with employers to discuss assistance available to them in order that they may write comprehensive Commute Trip Reduction Programs. The Conference, on request, will assist affected employers in developing their CTR Programs. 3.2 Continue to meet with employers to provide ongoing support and to assist in the implementation of the services provided for in their CTR Programs. 3.3 Provide employer survey assistance. 3.4 Provide flex -time and telecommuting information. 3.5 Provide parking management information. 3.6 Provide ridematch information for carpools and vanpools. 3.7 Provide newsletter articles and other promotional material as requested. 3.8 Ensure that an adequate supply of CTR promotional matenals is available. 3.9 Hold transportation fairs at employment sites, as requested, to encourage employee participation in CTR programs and to assist in the promotion of employer offered alternatives and services. 4. Provide initial and ongoing support to Employee Transportation Coordinators (ETCs) designated by the employees. 4.1 Conduct onentation training sessions for newly designated ETCs. 4.2 Assist ETCs in developing networks and obtaining information necessary to meet their CTR responsibilities. 4.3 Encourage ETCs to participate in committees as a means of continuing their education. 5. Provide WSDOT an annual progress report containing infoiivation sufficient to adequately and accurately assess the progress made by each junsdiction in the CTR affected area in implementing the CTR law. This report shall be submitted at the end of each state fiscal year for which the program has been implemented. 6. Administer the Intergovernmental Agreement between WSDOT and the County. This contract is the mechanism for funding and reviewing of tasks. The contract should reflect the interests of both the County and the Conference. Section III — Duration of this Agreement This Memorandum of Agreement shall be binding upon the parties, effective until June 30, 2011, unless otherwise teinnnated as provided herein. Section IV - Termination All parties to this memorandum of agreement shall have the right to terminate this agreement, with or without cause, by giving written notice of its intention to cancel at the expiration of sixty (60) days following such notice. CTR Memorandum of Agreement Page 3 of 4 November 20, 2006 Section V - Miscellaneous This memorandum of agreement neither requires nor prejudices any further agreement between the parties. The invalidity, in whole or in part, of any provision of this memorandum of agreement shall not affect the validity of any other provisions. . In witness whereof, the City and Conference has executed this agreement as of the date and year last written below. Mayor Dave Edler City of Yakima Al Hubert, Chair Yakima Valley Conference of Governments ATTES ( fe J. cott, Executive Director Yaki Valley Conference of Governments Date: ((bid /a0 CTR Memorandum of Agreement Page 4 of 4 November 20, 2006 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I` 9 For Meeting of 12/12/06 ITEM TITLE: Consideration of Resolution for authorizing and ratifying an agreement with Yakima Valley Conference Of Governments for commute trip reduction planning assistance SUBMITTED BY: Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: Dave Zabell, Assistant City Manager 575-6040 SUMMARY EXPLANATION: Attached please find a Resolution and Memorandum of Agreement with the Yakima Valley Council of Governments (YVCOG) to perform commute trip reduction (CTR) tasks on behalf of the City as required by the State of Washington. The agreement is for the period January 1, 2007 through June 30, 2011. Funding for services under this contract are provided through the Commute Trip Reduction state grant and distributed per Interlocal Agreement for Commute Trip Reduction with Yakima County. The state CTR grant has been ongoing since 1991 and is anticipated to continue for the term of this agreement. The scope of service provided by YVCOG are noted in section I and II of the Agreement and meet the requirements of the City of Yakima for compliance with state statutes. Funding Source: Washington State Commute Trip Reduction Funding disbursed through Yakima County. X Resolution Ordinance Contract Other (Misc. Information) Funding Source: Washington State Commute Trip Reduction Funding disbursed through Yakima County APPROVED FOR SUBMITTAL • **-Cz)V City Manager STAFF RECOMMENDATION: Adopt the attached Resolution authorizing execution of the CTR agreement with YVCOG BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: te,/ /0/e.) ie--„av&