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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 ,. I . I : '. ~., : . . ..' """""""""" """" c';;<zC">O Rural King ZOhê rÞ9 ......., ...., J.ris:ic:;~ S"1Or""'" I~'- c'..." .'"