Ord 93-164
ORDINANCE NO.
93-164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, ESTABLISHING A NEW
CHAPTER 18.30 OF THE FEDERAL WAY CITY CODE,
ESTABLISHING DEFINITIONS, APPLICABILITY
REQUIREMENTS, A COMMUTE TRIP REDUCTION (CTR)
PLAN TO COMPLY WITH RCW 70.94.527, CTR GOALS,
EXEMPTIONS, APPEALS, ENFORCEMENT, PENALTIES
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,
the
Federal Way City
Council,
based
on public
testimony and other evidence presented to it, finds that increasing
motor vehicle traffic is a major source of emissions that pollute
the air, and air pollution causes significant harm to public health
and the quality of the environment; and
WHEREAS, the Federal Way City council finds that increasing
motor vehicle traffic aggravates traffic congestion in the City of
Federal Way;
and
WHEREAS,
the Federal Way City council finds that traffic
congestion imposes significant cost on city business, government,
and individuals in terms of lost working hours and delays in the
delivery of goods and services as well as making the City a less
desirable place to live, work, visit, and do business; and
WHEREAS, the Federal Way City Council finds that capital and
environmental
costs
of
fully
accommodating
the
existing
and
projected
motor
vehicle
traffic
on
roads
and
highways
are
prohibi ti ve while decreasing the demand
for vehicle trips
is
significantly less costly and is at least as effective in reducing
traffic
congestion
and
its
impacts
as
constructing
new
transportation facilities; and
COpy
WHEREAS, the Federal Way City Council finds that employers
have significant opportunities to encourage and facilitate the
reduction of single-occupant vehicle commuting by their employees;
and
WHEREAS, the Federal Way city council finds that state policy,
as
set
forth
in
RCW
70.94.521-551
and
the
CTR
Task
Force
Guidelines,
requires
the
City
of
Federal
Way
to
develop
and
implement a plan to reduce single-occupant vehicle commute trips;
and
WHEREAS, the Federal Way City Council finds that the plan must
require affected employers to implement programs to reduce vehicle
miles traveled per employee and the number of single-occupant
vehicles used for commuting purposes by their employees; and
WHEREAS,
the
Federal
Way
City
Council
finds
that
a
transportation demand management element such as this ordinance is
required as part of the Washington state Growth Management Act (RCW
36.70A.070 [6e]); and
WHEREAS,
the Federal Way City Council's adoption of this
ordinance will promote the public health,
safety,
and general
welfare within the City of Federal Way and the region; and
WHEREAS, this ordinance is consistent with the CTR Task Force
Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section
1.
A new chapter of the Federal Way City Code
("FWCC") entitled IICTR Regulations" is created as follows:
2
18.30.000.
Definitions.
For the purpose of this chapter and
unless the context clearly requires otherwise, the following terms
have the following meanings:
(1)
IIAffected Employee" means a full-time employee who is
scheduled to begin his or her regular work day at a
single
worksite
between
6:00
a.m.
and
9:00
a.m.
(inclusive) on two or more weekdays per week for at least
twel ve continuous months.
For the purposes of this
chapter,
shareholders, principles and associates in a
corporation,
partners
(general
or
limited)
in
a
partnership and participants in a joint venture are to be
considered employees.
(2)
"Affected Employer" means a public or private employer
that, for twelve continuous months, employs 100 or more
full-time
employees
at
a
single
worksite
who
are
scheduled to begin their regular work day between 6:00
a.m. and 9:00 a.m. (inclusive) on two or more weekdays.
The
individual
employees
may
vary
during
the
year.
Construction worksites, when the expected duration of the
construction is less than two years, are excluded from
this definition.
(3 )
"Alternative
Mode"
means
any
type
of
commute
transportation
other
than
that
in
which
the
single-occupant motor vehicle
is
the
dominant mode,
including telecommuting and compressed work weeks if they
result in reducing commute trips.
3
(4)
(5)
(6)
(7)
(8)
(9)
"Alternative Work
Schedules"
such
means
programs
as
compressed work weeks that eliminate work trips
for
affected employees.
IIBase
Year"
the period
from January
means
1,
1992,
through December 31,
1992, on which goals for vehicle
miles
traveled
(VMT)
per employee and proportion of
single-occupant vehicle (SOv) trips shall be based.
"City" means the City of Federal Way.
"Commute Trips" means trips made from a worker's home to
a worksite with a regularly scheduled arrival time of
6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
IICTR Plan" means the city of Federal Way's plan as set
forth in this chapter to regulate and administer the CTR
programs of affected employers within its jurisdiction.
"CTR Program" means an employer's strategies to reduce
affected employees' SOV use and VMT per employee.
(10) "CTR Zone" means an area,
such as a census tract or
combination of census tracts, within the city of Federal
Way
characterized
density,
similar
by
employment
population density,
level of transit service, parking
availabili ty,
high
to
occupancy
vehicle
access
facilities,
and other factors that are determined to
affect the level of SOV commuting.
(11) IIcompressed
Work
Week"
alternative
work
means
an
in
that
schedule,
with
accordance
policy,
employer
regularly allows a full-time employee to eliminate at
4
least one work day every two weeks by working longer
hours during the remaining days,
resulting
in fewer
commute
trips
by the
employee.
This
definition
is
primarily
intended
to
include
weekly
and
bi-weekly
arrangements, the most typical being four 10-hour days or
80
hours
in
nine
days,
but may
also
include
other
arrangements.
Compressed work weeks are understood to be
an ongoing arrangement.
(12) "Dominant Mode" means the mode of travel used for the
greatest distance of a commute trip.
(13) "Employee" means anyone who receives financial or other
remuneration
in
exchange
for
work
provided
to
an
employer, including owners or partners of the employer.
(14) "Emp1oyer" means
a
sole proprietorship,
partnership,
corporation,
unincorporated
association,
cooperative,
joint venture,
agency,
department,
district or other
individual or entity,
whether public,
non-profit,
or
private, that employs workers.
(15) IIFlex-Time" is an employer policy allowing individual
employees some flexibility in choosing the time, but not
the number, of their working hours to facilitate the use
of alternative modes.
(16) IIFuII-Time
Employee"
means
a
person
other
than
an
independent contractor, scheduled to be
employed on a
continuous basis for 52 weeks per year for an average of
at least 35 hours per week.
5
(17) "Implementation" means active pursuit by an employer of
the CTR goals of RCW 70.94.521-551 and this chapter as
evidenced by appointment of a transportation coordinator,
distribution
of
information
to
employees
regarding
alternatives to SOV commuting, and commencement of other
measures according to their CTR program and schedule.
(18) "Mode"
means
the
type
of
transportation
used
by
employees,
such
as
single-occupant
motor
vehicle,
rideshare vehicle
(carpool,
vanpool) ,
transit,
ferry,
bicycle, and walking.
(19) "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m.
(inclusive),
Monday
through
Friday,
except
legal
holidays.
(20) "Peak Period Trip" means any 7mployee 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.
(21) IIProportion of Single-Occupant Vehicle Trips" or "sov
Rate" means the number of commute trips over a set period
made by affected employees in SOVs divided by the number
of affected employees working during that period.
(22) liS ingle-occupant Vehicle
(SOV)" means a motor vehicle
occupied
by
one
(1)
employee
for
commute
purposes,
including a motorcycle.
(23) "Single-occupant Vehicle (SOV) Trips" means trips made by
affected employees in SOVs.
6
(24) IIsingle Worksite" means a building or group of buildings
on physically contiguous parcels of land or on parcels
separated
solely
by
private
or
public
roadways
or
rights-of-way occupied by one or more affected employers.
(25) "Telecommuting" means the use of telephones, computers,
or other similar technology to permit an employee to work
from home, eliminating a commute trip, or to work from a
work place closer to home, reducing the distance traveled
in a commute trip by at least half.
(26) IITransportation 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.
(27) "Vehicle Miles Traveled (VMT) Per Employee" means the sum
of the individual vehicle commute
trip lengths in miles
made by affected employees over a set period divided by
the number of affected employees during that period.
(28) "Waiver" means an exemption from CTR program requirements
granted to an employer by the City based on unique
condi tions that apply to the employer or employment site.
(29) "Week" means a seven day calendar period, starting on
Monday and continuing through Sunday.
(30) "Weekday II means any day of the week except Saturday or
Sunday.
7
18.30.010.
Commute Trip Reduction Goals.
The commute trip
reduction goals for affected employers are to achieve the following
reductions in vehicle miles traveled per employee as well as in the
proportion of single-occupant vehicles from the 1992 base year
value of the City's CTR zone:
(1) 15 percent by January 1, 1995.
(2) 25 percent by January 1, 1997.
(3) 35 percent by January 1, 1999.
18.30.020.
Desiqnation of CTR Zone and Base Year Values.
Employers in the City of Federal Way fall within the South King
County CTR zone designated by the boundaries shown on the map filed
with the City of Federal Way Clerk's Office.
The base year value of this zone for proportion of SOV trips
sha II be 85 percent.
The base year value for vehicle miles
traveled (VMT) per employee shall be set at 9.3 miles.
Commute
trip reduction goals for major employers shall be calculated from
these values.
Therefore, affected employers within the City shall
establish programs designed to result in SOV rates of not more than
72 percent in 1995, 64 percent in 1997, and 55 percent in 1999 and
VMT per employee of not more than 7.9 miles in 1995, 7.0 miles in
1997, and 6.0 miles in 1999.
18.30.030.
City of Federal Wav CTR Plan.
The City's 1992 CTR
Plan is on file with the Federal Way city Clerk's Office and is
wholly incorporated herein by reference.
This Plan may be amended
by further action of the Federal Way city Council.
8
18.30.040.
Responsible Aqency.
The City's Public Works
Department shall be responsible for implementing this chapter, the
CTR Plan, and the City's CTR program for its own employees.
The
Public Works Director shall have the authority to issue such rules
and administrative procedures as are necessary to implement this
chapter.
18.30.050.
Applicability.
The provisions of this chapter
shall apply to any affected employer at any single worksite within
the corporate limits of the City.
Employees will only be counted
at
their primary worksite.
The
following classifications
of
employees are excluded from the counts of employees:
1) seasonal
agricultural employees, including seasonal employees of processors
of agricultural products and 2) employees of construction worksites
when the expected duration of the construction is less than two
years.
(1)
Notification of Applicabilitv.
(a)
Known affected employers located within the City
will
receive
formal
written
notification
by
certified
mail
that
they
are
subject
to
this
chapter
within
30
days
after
passage
of
this
chapter.
(b)
Affected employers that,
for whatever reason, do
not receive notice within 30 days of passage of
this chapter must identify themselves to the City
within 180 days of the passage of the chapter.
Once they identify themselves, such employers will
9
(3 )
be granted 150 days within which to develop and
submit a CTR program.
(c)
Any existing employer of 75 or more persons who
obtains a business license in the City, subsequent
to the passage of this chapter, will be required to
complete an Employer Assessment Form
to determine
whether or not an employer will be deemed affected
or non-affected in accordance with the provisions
of this chapter.
(2)
New Affected Employers. Affected employers must identify
themselves to the City within 180 days of either moving
into the City boundaries or growing in employment at a
worksite to one hundred (100) or more affected employees.
Once they identify themselves, such employers shall be
granted 150 days to develop and submit a CTR program.
New affected employers shall have two years to meet the
first CTR goal of a 15 percent reduction from the base
year values
identified
of this
in Section
18.30.020
chapter;
four years to meet the second goal of a 25
percent reduction; and six years to meet the third goal
of a 35 percent reduction from the time they begin their
program.
Chanqe in status as an Affected Employer.
Any of the
following changes in an employer's status will change the
employer's CTR program requirements:
10
(a)
If an affected employer can document that it faces
an extraordinary circumstance that will change its
status as an affected employer, it can apply for an
exemption pursuant to Section 18.30.090(1).
If an employer initially designated as an affected
(b)
employer no longer employs one hundred
(100)
or
more affected employees and has not employed one
hundred (100)
or more affected employees for the
past twelve (12) months, that employer is no longer
an affected employer.
It is the responsibility of
the employer to provide documentation to the city
that it is no longer an affected employer.
(c)
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 new affected employer,
and will be
subject to the same program requirements as other
new affected employers.
18.30.060.
Requirements for Employers.
An affected employer
is required to develop and implement a CTR program that will
encourage its employees to reduce VMT per employee and SOV commute
trips.
The
CTR program must
include
the
mandatory
elements
described below, including submittal of a CTR program description
and annual progress report.
Transportation management associations
may submit CTR program descriptions and annual reports on behalf of
11
employers; however, each employer shall remain accountable for the
success of its program.
(1)
Description of Emplover's CTR Proqram.
Each affected
employer is required to submit a description of its CTR
program to the City on the official form available from
the
Public
Works
Department.
At
a
minimum,
the
employer's description must include:
(a)
General
description
of
each
employment
site
location
within
the
city
limits,
including
transportation
characteristics,
surrounding
services, and unique conditions experienced by the
employer or its employees.
(b)
(c)
Number of employees affected by the CTR program.
Documentation of compliance with the mandatory CTR
program elements, as described in Subsection 2 of
this section.
(d)
Description of the additional elements included in
the CTR program.
(e)
Schedule
of
implementation,
assignment
of
responsibilities,
and
commitment
to
provide
appropriate resources to carry out the CTR program.
(2)
Mandatory Proqram Elements.
Each employer's CTR program
shall include the following mandatory elements:
(a) Transportation Coordinator. The employer shall
designate a transportation coordinator to
administer the CTR program. The coordinator's
12
(c)
and/or designee's
location,
and telephone
name,
number
must
displayed
be
prominently
at
each
affected worksite.
The coordinator shall oversee
all elements of the employer's CTR program and act
as liaison between the employer and the City.
An
affected employer with multiple sites may have one
transportation coordinator for all sites.
(b)
Information
Distribution.
Information
about
alternatives to SOV commuting shall be provided to
employees at least once a year.
This shall consist
of,
a minimum,
at
summary of the
employer's
a
program, including the Transportation Coordinator's
name and phone number.
Employers must also provide
a summary of their program to all new employees at
the
time
program
hire.
of
Each
employer's
description and annual report must describe what
information is to be distributed by the employer
and the method of distribution.
Annual
Proqress
Report.
The
CTR program must
include an annual review of employee commuting and
of progress toward meeting the SOV reduction goals.
Affected employers shall file a progress report
annually
with
should
the
city.
The
employer
contact the city's Public Works Department for the
format
of
the
information
report.
Survey
or
alternative
information
approved
by
the
Public
13
Works Director shall be required in the 1995, 1997
and 1999 reports.
(d)
Additional Proqram Elements.
In addition to the
specific
program
elements
described
above,
the
employer's
CTR
program
shall
include
a
set
of
measures designed to meet CTR goals, as described
in the
City's administrative procedures.
18.30.070.
Record Keepinq.
Affected employers shall maintain
all records required by the Public Works Director for the duration
of this chapter.
18.30.080.
Schedule and Process for CTR Reports,
Proqram
Review and Implementation.
(1)
CTR Proqram.
Not more than six months after the adoption
of this chapter, or within six months after an employer
becomes subject to the provisions of this chapter, the
employer shall develop a CTR program and shall submit to
the City a description of that program for review.
(2)
CTR Annual Reportinq Date.
Employers will be required to
submit an annual CTR report to the City beginning with
the
first annual
reporting date assigned during the
initial program submittal.
The annual reporting date
shall be no less than 12 months from the day the initial
program description is submitted.
Subsequent years'
reports will be due on the same date each year.
14
(3 )
(4)
Content of Annual Report.
The annual progress report
shall describe each of the CTR measures that were in
effect for the previous year, the results of any commuter
surveys undertaken during the year, and the number of
employees
participating
in
CTR
programs.
Survey
information or alternative information approved by the
Public Works Director must be provided in the 1995,1997,
and 1999 reports.
Proqram Review.
The City shall provide the employer with
writte~ notification indicating whether a CTR program was
approved or deemed unacceptable.
(a)
Initial
deemed
descriptions
will
be
program
acceptable if:
1) all required information on the
program description form is provided, and, 2) the
program
description
following
includes
the
information:
(i)
Name, location and telephone number of the
Employee
Transportation
Coordinator
for
each worksite.
( ii)
Plan
for
and
documentation
of
regular
distribution of information to employees
about the employer's CTR program at the
worksite, including alternatives to driving
alone to work.
15
(5)
(iii)
Plan for and implementation of at least one
additional measure designed to achieve the
applicable goal.
(b)
Annual reports will be deemed acceptable if the
annual
report
is
form
complete
and
contains
information
about
implementation
of
the
prior
year's program elements and proposed new program
elements
implementation
and
schedule.
Annual
reports must also contain a review of employee
commuting and report of progress toward meeting SOV
goals.
(c)
Beginning in 1995, the programs described in the
annual reports will be deemed acceptable if either
the sov trip or the VMT per employee goals have
been met.
neither
If
goal
has
been met,
the
employer must propose modifications designed to
make progress toward the applicable goal in the
coming
If
revised
the
is
year.
not
program
approved, the City shall propose modifications to
the program and direct the employer to revise its
program
within
those
incorporate
30
days
to
modifications
modifications
which
the
or
jurisdiction determines to be equivalent.
Implementation of Employer's CTR Proqram.
The employer
shall implement the approved CTR program not more than
180 days after the program was first submitted to the
16
ci ty unless extensions allow for late implementation.
Implementation of programs that have been modified based
on non-attainment of CTR goals must occur within 30 days
following City approval of such modifications.
18.30.090.
Reauests
for
Exemption/Modification
of
CTR
Reauirements.
(1)
Exemptions.
An affected employer may submit a written
request to the City for an exemption from CTR program
requirements for a particular worksite.
An exemption may
be granted by the City if and only if the affected
employer demonstrates that it faces an extraordinary
circumstance as a result of the characteristics of its
business,
its work force,
or its
location(s)
and is
unable
implement measures
the
to
that
could
reduce
proportion of SOV trips and VMT per employee.
Requests
for exemptions applying to the initial program submittal
are due within three months after the employer has been
notified
it
that
is
subject
this
to
chapter
and
thereafter requests can be made at any time.
Requests
must be made in writing by certified mail or delivery,
return
receipt.
all
City
The
shall
review
annually
employers
receiving
exemptions,
and
shall
determine
whether the exemptions will continue to be in effect
during the following program year.
17
(2)
Modification.
Any
affected
employer
request
may
a
modification of the following CTR program elements.
Such
request may be granted only if one of the following
conditions exists:
(a)
An affected employer can demonstrate it requires
significant numbers of its employees to use the
vehicles they drive to work during the work day for
work
that
reasonable
alternative
purposes,
no
commute mode exists for these employees, and that
the vehicles cannot reasonably be used for carpools
or
vanpools
can
and/or
affected
employer
an
demonstrate
that
employees
work
variable
some
shifts during the year,
so that these employees
sometimes begin their shifts within the 6:00 a.m.
to 9:00 a.m.
time period and other times begin
their shifts outside that time period.
(Exception:
If there are a significant number of employees who
work an identical shift rotation, those employees
would be expected to be part of the employer's CTR
program measurement,
they
form
enough
of
as
a
consistent
pool
maintain
to
ridesharing
arrangements.)
If the employer provides documentation indicating
how many employees meet either of these conditions,
the applicable goals will not be changed, but the
18
(c)
employees who fall into these categories will not
be included in the calculations of proportion of
sov trips and VMT per employee used to determine
the employer's progress toward program goals.
A
request for a modification based on this condition
must be made by the employer within three months
after being notified that they are subject to this
chapter.
(b)
An affected employer demonstrates that its worksite
is contiguous with a CTR zone boundary and that the
worksite conditions affecting alternative commute
options are similar to those for employers in the
adjoining CTR zone.
Under this
condition,
the
employer's worksite may be made subject to the same
goals for VMT per employee and proportion of SOV
trips as employers in the adjoining CTR zone.
A
modification
request
for
based
on
this
a
condition must be made by the Employer within three
months after being notified that they are subject
to this chapter.
Unanticipated conditions, such as unavailability of
alternative commute modes due to factors related to
the
worksite,
employer's
work
force,
an
or
characteristics of the business that are beyond the
employer's
control.
A
request
for
goal
modification based on this condition must be made
19
(3)
(4)
by the employer's assigned reporting dates in 1995
and 1997.
(d)
Relocation
of
worksite
to
another
a
CTR
zone.
Requests
for
goal
modification
based
on
this
condition may be made at any time.
(e)
If
employer
demonstrates
an
it's
worksite
conditions differ from the standard 85% base year
values
by
submitting
written
employee
surveys
administered at the worksi te wi thin ninety
(90)
days of the effective date of this chapter,
or
within
ninety
(90)
days
which
becoming
of
a
newly
affected
employer,
establish
the
surveys
employer's own base year values of VMT per employee
and
sov
rates
higher
than
the
were
CTR
zone
average, then that employer's base year. value may
be the percentage calculated from such surveys.
Written Request For Modification.
All requests
for
modification of CTR program goals must be made in writing
to
City
or
the
by
certified
mail
delivery,
return
receipt.
Extensions.
An employer may request additional time to
submit a CTR program or CTR annual progress report, or to
implement or modify a program.
Such requests shall be
made
in
the
writing
before
the
due
date
for which
extension is being requested.
Requests for extensions
must be made prior to the due date anytime a program
20
submission
is going to be more than one week
late.
Extensions not to exceed 90 days shall be considered for
reasonable causes.
Employers will be limited to a total
of 90 allowed extension days per year.
Extensions shall
not exempt an employer from any responsibility in meeting
program goals.
Extensions granted due to delays or
difficulties with any program element(s)
shall not be
cause for discontinuing or failing to implement other
program elements.
An employer's annual reporting date
shall not be adjusted permanently as a result of these
extensions.
An employer's annual reporting date may be
extended at the discretion of the Public Works Director.
Credit
Efforts.
18.30.100.
(1)
For
Transportation
Demand
Manaqement
Credit for Proqrams Implemented Prior to the Base Year.
Employers
with
successful
Transportation
Demand
Management ("TDM") programs implemented prior to the 1992
base year may apply to the city for program credit.
(a)
Employers whose VMT per employee and proportion of
sov trips are already equal to or less than the
goals for one or more future goal years, and who
commit in writing to continue their current level
of
effort,
shall
be
exempt
from
the
following
year's annual report.
(b)
Employers applying for the program credit in their
initial
1993
description
program
shall
be
21
(2)
considered to have met the 1995 CTR goals if their
VMT per employee and proportion of SOV trips are
equivalent to a 12 percent or greater reduction
from
the
base
values.
year
This
zone
three
percentage point credit applies only to the 1995
CTR goals.
For the
initial
for program
employer requests
year,
credit are due within three months after notification
that the employer is subject to this chapter.
Requests
for program credit must be received by the employer's
assigned reporting dates in 1995 and 1997 for succeeding
years.
Application for a program credit shall include an initial
program description, written commitment on an official
report form to maintain program elements, and results
from a survey of employees, or equivalent information
that establishes the applicant's VMT per employee and
proportion
of
sov trips.
The
surveyor
equivalent
information shall conform to all applicable standards
established in the Director's Rules for implementation of
this chapter.
Credi t for Al ternati ve Work Schedules ,
Te1ecommutinq,
Bicvclinq and Walkinq, bv Affected Emplovees.
(a)
city
eliminated
The
will
count
trips
commute
through alternative work schedules, telecommuting
options, bicycling and walking as 1.2 vehicle trips
22
eliminated.
This assumption applies to both the
proportion of SOV trips and VMT per employee.
(b)
This type of credit is applied when calculating the
SOV and VMT rates of affected employers.
18.030.110.
(1)
(2)
Employer Peer Review Group.
Appointment of Members.
The City may appoint member(s)
from
affected
employers
regional
to
or
subregional
employer peer review groups created through interlocal
agreement
with
specific
jurisdictions.
other
The
functions of the peer group review shall be determined by
the interlocal agreement.
Limitations of Peer Review Group.
Any peer review group
shall be advisory in nature.
The City shall not be bound
by any comments or recommendations of any peer review
group.
18.30.120.
(1)
Appeals of Administrative Decisions.
Appeal of Final Decisions.
Employers may file a written
appeal
city's
of the
final decisions
regarding the
following actions:
(a)
Rejection of an employer's proposed program.
(b)
Denial of an employer's request for an exemption or
modification of any of the requirements under this
chapter
modification
of
or
the
a
employer's
program.
(c)
Denial
Section
of
credits
requested
under
18.30.100.
23
Such appeals must be filed with the City within twenty
(20) days after the employer receives notice of a final
decision.
All appeals will be filed and heard by the
ci ty' s Hearing Examiner and decided pursuant to the
provisions of Chapter 145, Process I, of the Federal Way
Zoning
Code.
The
Hearing
Examiner
shall
determine
whether or not the appealed decision was consistent with
RCW 70.94.
18.30.130.
(1)
(2)
Enforcement.
Compliance.
For purposes of this section, compliance
shall mean submitting required reports and documentation
at prescribed times and fully implementing all provisions
in an accepted CTR program.
Violations.
The following actions shall constitute a
violation of this chapter:
(a)
Failure
program,
implement
to
approved
CTR
an
unless the program elements that are carried out
can be shown through quantifiable evidence to meet
or exceed VMT and SOV goals as specified in this
chapter.
Failure
implement
to
CTR
a
program
includes but is not limited to:
(i)
Failure of any affected employer to submit
a complete CTR program within the deadlines
specified
in
Section
18.30.080
of
this
chapter.
24
( ii)
Failure to submit required documentation
for annual reports.
(iii)
Submission of fraudulent data.
(b)
Failure
to
modify
CTR
found
a
to
program
be
unacceptable
by
the
City
under
Section
18.30.080(4).
(3)
Penalties.
Each day of failure by an employer to a)
implement a commute trip reduction program or b) modify
an unacceptable commute trip reduction program shall
constitute a separate violation and shall be considered
a Class I civil infraction pursuant to RCW 7.80.120.
The penalty for a violation shall be $250 per day.
An
employer shall not be liable for civil penalties if
failure to implement an element of a CTR program was the
result
inability
of
to
reach
an
with
agreement
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
union
the
that
the
being
proposal
made
is
necessary for compliance with RCW 70.94.531.
25
Section
2.
Ratification.
Any
act
consistent with
the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 3.
Severability.
The provisions of this ordinance
are declared separate and severable.
The invalidity of any clause,
sentence,
paragraph,
subdivision,
section,
or portion of this
ordinance or the invalidity of the application thereof to any
person or circumstance,
shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 4.
Effective Date.
This ordinance shall be effective
thirty (30) days after passage, as provided by law.
PASSED by the City Council of the City of Federal Way
this
19th
day of
January
, 1993.
~OF F~~L my
MA ~~ST~
ANEY, CMC
APPROVED AS TO FORM:
~~~
CWA T RNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: January 27, 1993
EFFECTIVE DATE: February 18, 1993
ORDINANCE NO. 93-164
December 30,1992
January 19,1993
MARYKIORDlCTR2.0RD
26
Attachment A
City of Federal Way Commute Trip Reduction Plan
This Commute Trip Reduction Plan ("Plan") is produced in conformance with RCW
70.94.521-551 and Chapter 18.30 of the Federal Way City Code ("FWCC") and
describes how the City of Federal Way ("City") intends to comply with such laws,
rules and regulations. The Plan also includes policies for implementing commute trip
reduction ("CTR") requirements for major employers located within the City as well
as the CTR program for the City's own employees.
OVERVIEW
A. Obiective of the Plan
The Plan has the following objectives:
1.
Reduce automobile-generated air and water pollution, relieve traffic
congestion. reduce energy consumption, and reduce air pollution-related
health problems.
2.
Reduce peak period motor vehicle trips and the number of vehicle miles
traveled associated with commute trips.
3.
Make optimal use of existing and future transportation systems in order
to minimize costs and preserve business opportunities in King County
and the region.
4.
Treat affected employers in a fair and reasonable manner.
5.
Establish a plan consistent with the guidelines established by the state
Commute Trip Reduction Task Force and the CTR plans of counties and
cities having common borders or mutual transportation and growth
issues with the City.
The primary purpose of the Plan is to provide an overview of the procedures the City
intends to use to comply with the CTR law. More detailed administrative procedures
for implementing Chapter 18.30 of the FWCC will be issued by the Public Works
Director in January 1993. if necessary.
B.
Administration of the CTR Law
The City has entered into an Interlocal Agreement with the Municipality of
Metropolitan Seattle ("Metro") for a number of tasks related to administration of the
CTR law. This will include notification of major employers. review of CTR program
descriptions and annual reports, recommendations to the City regarding enforcement
actions and appeals, technical assistance to employers. and training for employers on
how to comply with the law and develop a program for their worksites.
The City's agreement with Metro will ensure consistency and fairness in
administration of the law since most other King County jurisdictions will also be using
Metro as their designated agent to perform the same tasks.
PROVISIONS RELATING TO MAJOR EMPLOYERS
A.
Establishment of CTR Goals for Maior Emolovers
As defined in Section 18.30.010 of the FWCC and pursuant to RCW 70.94.527(4),
the City is establishing the following goals for major employers:
1.
Reduce the vehicle miles traveled per employee from the base year value
established for the CTR zone by at least 15 percent by January 1, 1995;
25 percent by January 1, 1997; and 35 percent by January 1, 1999.
2.
Reduce the proportion of single-occupant vehicle trips from the base year
value established for the CTR zone by at least 15 percent by January 1,
1995; 25 percent by January 1, 1997; and 35 percent by January 1,
1999.
B.
Establishment of CTR Zone and Base Year Values
As defined in Section 18.30.020 of the FWCC, the City is in the South King County
CTR zone. The exact boundaries of this zone are set forth on the map attached and
incorporated as Figure 1.
This zone designation was recommended by a subcommittee of the Puget Sound
Regional Council (PSRC), with participation by employer representatives as well as
local jurisdiction staff.
2
The base year value for proportion of SOY trips for the City's CTR zone is established
at 85 percent. The base year value for vehicle miles traveled (YMT) per employee is
established at 9.3 miles. CTR goals for major employers will be calculated from these
values.
These base year values were recommended by the Zones Subcommittee of the PSRC
using 1980 U.S. census data projected forward to 1992. The State CTR Task Force
has determined that modeled values for YMT per employee and SOY rate are adequate
indicators of the characteristics specified in the CTR law such as employment density,
population density, level of transit service, parking availability, and access to high
occupancy vehicle facilities.
The State CTR Task Force may re-examine the use of 1990 U,S. Census data if it
becomes available in 1993. Local jurisdictions may review CTR zone base year values
and goals for consistency with the updated information.
C.
ReQuirements for Maior Private and Public Sector Emolovers
Requirements for major employers are established in Chapter 18.30 of the FWCC.
The City plans to use business license procedures and Employment Security quarterly
reports to track affected employers.
D.
AODeals Process
As already described in Section 18.30.120 of the FWCC, employers affected by the
CTR law may appeal administrative decisions regarding exemptions, modification of
goals. modification of CTR program elements, and violations.
All appeals will be filed within twenty (20) days after the employer receives notice of
a final decision, and will be heard by the City's Hearing Examiner and decided
pursuant to the provisions of Chapter 145, Process I, of the Federal Way Zoning
Code. The Hearing Examiner shall determine whether or not the appealed decision
was consistent with the provisions of RCW 70.94.
3
CITY OBLIGATIONS
A.
CTR Proaram for Citv Emolovees
Description of Work Sites
As of January 1993 the City employs a total of 108 full-time employees and 2 part-
time employees at three different work sites.
The following is a general description of each employment site location, including
number of employees, transportation characteristics such as access to transit and
availability of parking, and surrounding services.
1.
City of Federal Way, 33530 1st Way S, Federal Way, WA 98003
Number of Employees: 80 Full-Time and 1 Part-Time
Number of Parking Spaces: Approximately 12 spots for city vehicles, 65
for city employees, 15 for visitors, and 2 disabled.
Metro Bus Route 179 serves this site, also this site is within the Dial-A-
Ride Transit (DART) coverage area.
2.
Steel Lake Fire Station, 31132 28th Avenue S, Federal Way, WA 98003
Number of Employees: 23 Full-Time
Number of Parking Spaces: Approximately 22 spots for employees, 8
for visitors, and 2 disabled.
Metro Bus Route 175 serves this site.
3.
Steel Lake Annex, 2645 S, 312th, Federal Way, WA 98003
Number of Employees: 3 Full-Time and 1 Part-Time
Number of Parking Spaces: 2 spots for employees, 1 for disabled, and
60 in the adjacent Steel Lake park.
Metro Bus Route 175 serves this site, also the site is within the Dial-A-
Ride Transit (DART) coverage area.
Documentation of Compliance with the Mandatory CTR Program Elements
1.
2.
Employee Transportation Coordinator
Chy Manager or his/her designee.
Information Distribution
City Manager or his/her designee.
4
3.
Annual Progress Report
City Manager or his/her designee.
4.
Description of Additional Program Elements
City Manager or his/her designee.
The City has contracted with the Municipality of Metropolitan Seattle for development
of a CTR program for City employees designed to meet the goals of the law. A
complete description of the elements of this program will be submitted to the State
within six months after adqption of Chapter 18.30 of the Federal Way City Code.
B.
Review of Local Parkinq Policies and Ordinances
The Commute Trip Reduction law mandates that each affected jurisdiction's CTR plan
"include...a review of local parking policies and ordinances as they relate to employers
and major worksites and any revisions necessary to comply with commute trip
reduction goals and guidelines. n
The City intends to conduct its parking policy review as a part of the Land
Use/Transportation Comprehensive Plan update scheduled for completion in 1994.
City staff will participate in any King County workshops on parking policy which are
currently being planned for late 1993 or early 1994. Staff will strive to be consistent
with both the CTR guidelines recommendations and other South King County
jurisdictions in establishing a framework for parking policy changes.
C.
Consistencv of the CTR Reoulations with Other CitY Plans & Policies
Plans and policies of the CTR regulations shall be consistent with other City plans and
policies. This may include such plans and policies as the City's alternate work
schedule policy which allows employees to schedule their work week using flex-time
or compressed work week models in order to eliminate commute trips during traffic
congested periods.
D.
Annual ReDort to State CTR Task Force
Each year on July 1, beginning in 1994 through 2,000, the City will report to the
State CTR Task Force on the progress in attaining the applicable CTR goals in the
-City's designated CTR zone pursuant to RCW 70.94.527 [8]. This report will
highlight any problems encountered by the City in achieving the goals.
MAAYK\ORD\CTRATTCH.A
5
S:>.r= ~ Sa.n:i f<e9:n:i Co.rd, \:1/92
Attachment B
. SO.UTH KING COUNTY CTR ZONES
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