Ord 98-313
ORDINANCE NO. .2.8=3J..3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY
CODE CHAPTER SECTIONS 15-200,-201,-202,-205,-206,-
208,-209,-210,AND -213 REGARDING THE CITY'S COMMUTE
TRIP REDUCTION (CTR) PLAN.
WHEREAS, the Federal Way City Council adopted an ordinance on January 19, 1993
creating a new chapter of the Federal Way City Code entitled "CTR Regulations."
WHEREAS, the Federal Way City Council found that a plan to reduce single-occupant
vehicle commute trips was required by RCW 70.94.521-551, RCW 36.70A070[6e], and the CTR
Task Force and promoted the public health, safety, and general welfare within the City of Federal
Way and the Region;
WHEREAS, the ordinance was designated as Article VII, Sections 15-200 - 15-213 in the
Federal Way City Code; and
WHEREAS, the Federal Way City Council recognized the importance of increasing
individual citizens' awareness of air quality, energy consumption, and traffic congestion and the
contribution individual actions can make toward addressing these issues; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. The Federal Way City Code ("FWCC") shall be amended as
follows:
A. Definitions. FWCC Section 15-200 shall be amended as follows:
For the purpose of this article and unless the context clearly requires otherwise, the following
töff2>1f1
terms have the following meanings:
(1)
(2)
(3)
(4)
(5)
(6)
"Affected 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 twelve 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.
"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 &om this defuùtion.
"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.
"Alternative Work Schedules" means programs such as compressed work weeks
that eliminate work trips for affected employees.
"Base Year" means the period &om January 1, 1992, through December 31, 1992,
on which goals for vehicle miles traveled (VMf) per employee and proportion of
single-occupant vehicle (SOY) trips sha11 be based.
"City" means the City ofFederaI Way.
2
(7)
(8)
(9)
(10)
(11)
(12)
(13)
"Commute Trips" means trips made from a worker's home to a worksite with a
regularly scheduled arrival time of6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
"CTR Plan" means the City of Federal Way's plan as set forth in this article to
regulate and administer the CTR programs of affected employers within its
jurisdiction.
"CfR Program" means an employer's strategies to reduce affected employees' SOy
use and VMT per employee.
"CfR Zone" means an area, such as a census tract or combination of census tracts,
within the City of Federal Way characterized by similar employment density,
population density, level of transit service, parking availability, access to high
occupancy vehicle facilities, and other factors that are detennined to affect the level
of SOy commuting.
"Compressed Work Week" means an alternative work schedule, in accordance with
employer policy, that regularly allows a full-time employee to eliminate at least one
work day every two weeks by working longer hours during the remaining days,
resulting in fewer commute trips by the employee. This definition is primarily
intended to include weekly and bi-weekly arrangements, the most typical being four
10-hour days or 80 hours in nine days, but may also include other arrangements.
Compressed work weeks are understood to be an ongoing arrangement.
"Dominant Mode" means the mode of travel used for the greatest distance of a
commute trip.
"Employee" means anyone who receives financial or other remuneration in exchange
3
(14)
(15)
(16)
"",""--
for work provided to an employer, including owners or partners of the employer.
"Employer" means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district or other individual
or entity, whether public, non-profit, or private, that employs workers,
"F1ex-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.
"FuU- 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.
(l.Z) "Good Faith Wort" means that an e1l1J)lqyer has met the minimum reqpirements
(18)
(19)
identj.fied in RCW 70 94.531 and this ordinance and is working- collaboratively with
the City to continue its existing- CTR prQ'l"am or is developing- and implementi1l.g-
pro'l"am modi.fìcatians likely to result in i1l1J)rovements to its cm pr°'l"am over an
ageed upon le1!'{th Q.f time
"Implementation" means active pursuit by an employer of the CTR goals ofRCW
70.94.521-551 and this chapter as evidenced by appointment of a transportation
coordinator, distribution ofinfonnation to employees regarding alternatives to SOy
commuting, and commencement of other measures according to their CTR program
and schedule,
"Mode" means the type of transportation used by employees, such as single-occupant
motor vehicle, rideshare vehicle (carpool, vanpool), transit, feny, bicycle, and
4
(20)
(21)
(22)
(23)
(24)
(25)
(26)
{llJ
walking.
"Peak Period" means the hours ITom 6:00 a.m. to 9:00 a.m. (inclusive), Monday
through Friday, except legal holidays.
"Peak Period Trip" means any employee trip that delivers the employee to begin his
or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through
Friday, except legal holidays.
"Proportion ofSingle-Occupant Vehide Trips" or "SOY Rate" means the number
of commute trips over a set period made by affected employees in SOY s divided by
the number of affected employees working during that period.
"Single-Occupant Vehide (SOV)" means a motor vehicle occupied by one employee
for commute purposes, including a motorcycle.
"Single-Occupant Vehide (SOV) Trips" means trips made by affected employees
in SOVs.
"Single 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.
"Telecommuting" means the use of telephones, computers, or other similar
technology to permit an employee to work ITom home, eliminating a commute trip,
or to work ftom a work place closer to home, reducing the distance traveled in a
commute trip by at least half.
"Tra1l$portatioll DellUJlld MflIIagemellt (rD!J1)" means a broad ran.ge Qf
strategies that are primarily intènded to reduce and reshqpe demand on the
5
\
tran.rportation ~.rtem
(28)
"Transportation Management Association (TMA)" means a group of employers
or an association representing a group of employers in a defined geographic area. A
TMA may represent employers within specific city limits, or may have a sphere of
influence that extends beyond city limits.
(29)
"Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual
vehicle commute trip lengths in miles made by affected employees over a set period
divided by the number of affected employees during that period.
(30)
"Waiver" means an exemption !Tom CTR program requirements granted to an
employer by the City based on unique conditions that apply to the employer or
employment site.
(31)
"Week" means a seven day calendar period, starting on Monday and continuing
through Sunday.
(32)
"Weekday" means any day of the week except Saturday or Sunday.
B. FWCC Section 15-201 shall be amended as follows: Commute trip reduction goals.
The commute trip reduction goals for affected employers are to achieve the following
reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant
vehicles !Tom the t99Z base year value of 11:." Œty '$ cn...onG. for either the worksite or the zone
in which the worlcsite is located:
(1) 15 percent by January 1, 1995.
(2) 25 2fJ. percent by January 1, 1997.
(3) 3521. percent by January 1, 1999.
6
"d'""', """d""","," ",.", .-"...,.-
ill
35 percent l¡y January 1 2005.
C. FWCC Section 15-202 sha1l be amended as follows: Designation ofCTRzone and base year
values.
Employers in the City of Federal Way fiill 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.
Affected employers mqy choose to do a baseline su~ to determine site $pecific baseline
values as opposed to usillg the values established by the designated cm zone. Sites q,(fected qfter
January 1 1998 wishin'{ to uve site specific baseline values shall comlJ1ete a baseline survey within
one year q,fnotj,fication
The base year value of this zone for proportion of SO V trips shall be 85 percent. The base
year value for vehicle miles traveled (VMT) per employee sha1l be set at 9.3 miles. Commute trip
reduction goals for major employers sha1l be calculated from these values. Therefore, affected
employers within the city shall establish programs designed to result in SOY rates of not more than
72 percent in 1995, 60+ §B. percent in 1997, ~ M. percent in 1999, and 55 percent in 2005, and
VMT per employee of not more than 7.9 miles in 1995,-7:6 Z1. miles in 1997, and 6:6 W miles in
1999, and 6.0 miles in 2005.
D.
FWCC Section 15-205 sha1l be amended as follows: Applicability.
The provisions of this article shaII 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
7
years.
(1)
(2)
Notification of applicability.
(a)
(b)
~
(cd)
Known affected employers located within the City will receive formal written
notification by certified mail that they are subject to this article within 30 days
after passage of this article.
Affected employers that, for whatever reason, do not receive notice within 30
days of passage of this article must identify themselves to the City within 180
days of the passage of the article. Once they identify themselves, such
employers will be granted T56 J..BJJ. days within which to develop and submit
a CTR program.
Æ(fl/cted emplqyers that have not identified or do not identify themselves
within /80 dt¡ys Q,f the pa"-'<QZe Q,f this ordinance and do not submit a cm
program within 180 Œtvs from the pas.~e Q,f this ordinance are in violation
Q,f this ordinance
Any existing employer of75 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 detennine whether or not an
employer will be deemed affected or non-affected in accordance with the
provisions of this chapter.
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 100 or more affected employees. Once they identify themselves, such
8
(3)
"""""""'-
employers shall be granted t5e lJJJJ. days to develop and submit a CTR program.
Emplqyers that do not identify themselves within 180 d4ys are in violation Qf thi,ç
ordinance New /kJ£b!. affected employers shall have two years to meet the first CTR
goal of a 15 percent reduction in prqportion Qf sillJ:le occupant;)' vehicle triDS or
vehicles miles traveledyer œrs01l' fìòm tll<.l:.u<.lCw. vcdu...& idGI.tifi,od ;" S......Gon 15-
2B2; four years to meet the second goal of a 25 2.Q percent reduction; and six years
to meet the third goal of a 35 2.2 percent reduction; and twelve vears to meet the
fourth goal Qf a 35 percent reduction ftom the time they begin their program.
Change in status as an affected employer. Any of the following changes in an
employer's status will change the employer's CTR program requirements:
(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 15-209(a).
(b)
If an employer initially designated as an affected employer no longer employs
100 or more affected employees and has not employed txpU;t3 lIot to tfl!plq.,~
100 or more affected employees for the past lIat 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 100 or more affected employees
within the same 12 months 12 01 mv,... dlù,,!itJ. ðftc, ¡t~ GhangG hi status to at!
"",udf"",tOO" clllplc.lCl, that employer shall be treated considered an as-a-new
affected employer, for the entire 12 months and will be subject to the same
9
program requirements as other new affected employers.
@
utile same emplqyer returns to the level QlIOO or more qfjected emplqyees
12 or more months qfter its change in status to an "unqfjected" emvlQyer
thaJ e"1P1Qyer shall be treated as a new qffected emplQ)ler and will be su~iect
to the same pr°'l"am reflJlirements as other new qfj~cted
employers
E.
FWCC Section 15-206 shall be amended as follows: Requirements for employen.
An affected employer is required to make a ~ faith (fjort as tkfined in RCW 70 94 534(2)
and this ordinanœ to develop and implement a CTR program that will encourage its employees to
reduce VMf per employee and SOY 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 employers; however, each employer shall remain accountable for the success of
its program.
(1)
Description of employer's erR program. Each affected employer is required to
submit a description ofits CIR program to the city on the official form available ITom
the public works department. The crn prozram descrivtion presents the strategies
to be undertaken bv an emplqyer to achieve the commute trip reduction roals for
each 'loal vear Em,pIQyers are encourared to consider innovative strategies and
combine pr°'l'"am elements in a manner that will best suit their location site
characteristics business ()(pe and emplqyees' commutin¡r needs Emplqyers are
fiuther encouraged to coqperate with each other and to form or use traJl$pOrtation
10
(2)
mC11!QJ:ement O1yanizatiOns in ckvelqpin'l and i"Wlementin'l cm profP'ams
At a minimum, the employer's description must include:
b.
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.
Number of employees affected by the CTR program.
c.
Documentation of compliance with the mandatory CTR program elements, as
described in subsection 15-206(2).
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.
Mandatory program elements. Each employer's CTR program shall include the
following mandatory elements:
a.
Transportation coordinator. 1be employer shall designate a transportation
coordinator to adnùnister the CTR program. The coordinator's and/or
designee's name, location, and telephone number must be displayed
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 SOY
commuting shall be provided to employees at least once a year. This shall
11
consist ot; at a minimum, a sununary of the employer's program, including the
Transportation Coordinator's name and phone number. Employers must also
provide a sununary of their program to all new employees at the time of hire.
Each employer's program description and annual report must describe what
information is to be distributed by the employer and the method of
distribution.
c.
Annual progress report. The CTR program must include an annual review
of employee commuting and of progress and rood faith ~fforts toward
meeting the SOY reduction goals. Affected employers shall file a progress
report annually with the City. The employer should contact the City's Public
Works Department for the format of the report. Survey information or
~ alternative information approved by the public works director shall
be required in the r~rt submitted in the 1995, 1997 luld 1999 {Cports
second fourth sixth eirht tenth and twelfth wars qfter pro'{1'atn
implementation berins.
d.
Additional program elements. In addition to the specific program elements
described above, the employer's CfR program shall include a set of measures
designed to meet CTR goals, as described in the city's administrative
procedures.
F.
FWCC Section 15-208 shall be amended as follows: Schedule and process for CTR
reports, program review and implementation.
(a)
ern program. Not more than sL.. Ulu,tths ~ after the adoption of this article,
12
or within 5ÏA mvùths ~ after an employee becomes subject to the provisions of this article, the
employer shall develop a erR program and shall submit to the city a description of that program for
review.
(b)
erR annual reporting 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 fi"om the day
the initial program description is submitted. Subsequent years' reports will be due on the
same date each year.
(c)
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. Swvey infonnation or alternative information approved by the public
works director must be provided in the rqJOrts submitted in the 1995, 1997, ...,d
i999; second. fourth sixth eight tenth and twelfth years qfter prO'{T'am
implementation be.'{Ïns. .
(d)
Program review. The city shall provide the employer with written notification
indicating whether a CTR program was approved or deemed unacceptable.
(I)
Initial program descriptions will be deemed acceptable if: I) all required
infonnation on the program description form is provided, and, 2) the program
description includes the following information:
a. Name, location and telephone number of the employee transportation
coordinator for each worksite.
13
(e)
(2)
(3)
b. 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.
c. Plan for and implementation of at least one additional measure designed
to achieve the applicable goal.
Annual reports will be deemed acceptable if the annual report form is
complete and contains information about implementation of the prior year's
program elements and proposed new program elements and implementation
schedule. Annual reports must also contain a review of employee commuting
and report of progress toward meeting SOy goals.
Beginning in 1995, the programs described in an qffected emplqyer's the
annual reports will be deemed acceptable ¡r ...;thc, the. SOy t,;p v, the. Vt.IT
pel w..¡À\.]oo ðvdb, 1_.(. 1>......., ......t based on the criteria contained in Section
15-213 Q.f this ordinance. If neither goal has been met, the employer must
propose modifications designed to make progress toward the applicable goal
in the coming year. If the revised program is not approved, the city shall
propose modifications to the program and direct the employer to revise its
program within 30 days to incorporate those modifications or modifications
which the jurisdiction determines to be equivalent.
Implementation of employer's CTR program. The employer shall implement the
approved CTR program not more than 180 days after the program was first submitted
to the city unless extensions allow for late implementation. Implementation of
14
programs that have been modified based on non-attainment of CTR goals must occur
within 30 days following city approval of such modifications.
G.
FWCC Section 15-209 shall be amended as follows: Requests for exemption/modification
of CTR Requirements.
(a)
~ exemptions. An affected employer may submit a written request to the city
/Q.gmJJ1 for an exemption from all. CTR program requirements or penalties for a
particular worksite. The emplqyer must tkmonstrate that it would e¡çperience undue
hardship in comp{yinr with the reqJIirements Ql the ordinance as a result Ql the
characteristics qf its business its work force or its location($) An exemption may
be granted by the city if and only if the affected employer demonstrates that it faces
an extraordinary circumstance such as bankn¡ptqy M A ",~ult o[th" "hatltGtciÏstks
crib. bu..i.,...&, it, nOli.. [v,eX., en ;t!.1o""b.01l(~ and is unable to implement measures
that could reduce the proportion of SO V trips and VMT per employee. Rc.:¡u.:;~b. fo!
"""""'1'b.(,r.. ¡,pþl);uß to tI", illiti.d P!vð"...t1 &..bu';tt:al ...." duG n;tldn tI.."" months
Aft..., the. "",¡ÅvIW ¡~ 1>001\ n"ti£cd tI.at it ;& aubj""t to thi~ Attic¡" Atld th",Ulftc.!
l"'{uC!ots "",I t:... ù.adc..d. "'II b.uÁ.. Erenq)tion.v 1IUV' be wanted Qy the city at ll1tV time
baœd on written notice provided QY the qffected em"lqyer Requests must be made
in writing by certified mail or delivery, return receipt. The notice should clearly
ex;pJajn the conditions for which the qffected emplqyer is seekinr an exem"tion from
the reqpirements Q.fthe C7RprQwam. The city shall review annually all employers
receiving ex:emptions, and shall determine whether the exemptions will co,a;uu" tõ be
in effect during the following program year.
15
(l1l
(f)
E"1PWyee t!Iœ"1Ptions ."¡peci.fìc e"1 )lqyees 01' ftTOIIPS qf e"1 )lqyees who are required
to drive alone to work as a condition Qj e11(plqyment mqy be exe11(pted from a
worksite ' cm pro'Pam. Exe11(ptions mqy aoo be r:ranted for e11(plq;yees who work
variable shifts thrOl{ghoot the war and who do not rotate as a 'Poop to identical
shifts. The city will use the criteria identified in the cm Task Force C'midelines
to assess the vqlidity qf e"1 )lqyee exe"1 )tion requests. The City shall review annually
all emplqyee exemption reque.m and shall determine whether the exe11(ption will be
in (ffect durin¡: the follawin¡: pr°'Pam rear:
Modification QjCFRpror:ram foals. AItY qjfected emplQ)ler mqy request that the
city modify its crnpro¡:ram goals Such reflJle.rts shall be filed in writing at least 60
dqys prior to the dote the worksite is required to submit its pr°'Pam description or
annual reoort The roal modification reflJlest must clearly eJ;plain wJv1 the worksite
is unable to achieve the 'lPplicable goal. The worksite must also demonstrate that
it hœ; implemented all Qf the elements contained in its qp,proved crn prO'Pam The
city will review and grant or deItY reflJle.rts for goal modifications in accordance with
procedures and criteria identified in the crn Task Force C'midelines An e11(plqyer
mqy not reflJlest a modification qf the qpplicable goals until one rear qfter city
qpproval Qf its initial1JrO'Pam description or annual report.
(d)
Mð.i;&...at;ou Qj CiR pit".. dill el~..tL .b
Art] .áf.x.tcd .....plO]GI UWo] ,.:.quest It.
ulodi£...AlÌvu of th.. foHv..;'~ cn p,v¡yldl1 d.."lGnt5, vîh~ thy.. tJ.~ lI.y..k.tOI~
el~,, t¡,f:. ~J>u;{¡;~.1 ;11 tJ.;~ ål ml~ f;~ h,dr.dÎllli' u;m': Jc,¿~pillg ~\lu;, e,I.~"f¡ . Such
Ic.'I.u.:.st m,,] bG¡y""tcd v,d) if one. ofd" fðH"";"ß Cõu.£bùu& (...15t5.
16
(1)
(2)
A..I Afl"~tcd emplu}", "au d"",óu~h..h.;t ""I";"'" significa.,t u"",b",~ ofits
GlnploYGGs to use thG .chicks tb.,,} .h;." to wolk d"iÏ,,~ tI", ",<:111.. dAy fu,
",0,1.. pulpoSC5, IIUIt no J..""""..d:,l. .dt....""t)..G COlnn",tG Ihc.d" ,,"";~ts fu, tI,,~se
Gmplo}eG~, aud tl",t tI", .d';"I~ ""'l1lOt ,c.uú,lably b" ,,~c.d fol catpoob u'
.anpooI~ /IIlålöl 4ü afl\x;tcd emplo}C! catl demonstlatG that SOIl'lG elllplo}G.)~
",<:1lk .",;cd:m..dùfu. dutdlg II", }cat, so tlm IIIG5(. Gmplo}cGS Sc,InGtÌlllGS begin
tb.,,;' .d.ífu. ",illm II\(. 6.66 G.UL t., 9.00 40tH. b.tl\(' pc¡jod /II1d Otll':'l IÌnIGS bGgin
thd, ~hifh o"tsidG IIllI<t h.u" p",;oJ. (EÀccption. K tlleiG II1G a significant
JI"n,b", of "",plo}~s ",he ",u,1.. "" ;d"iltical5l:1ift 10Lation, those: emploY'::GS
",c,..dd be. GXp""ted to be. plllt oftb." "ul¡AO.1,,1'S CTR plOgtan1 _Ulcmcnt,
A~ the) föHu ",Io"gll of a ,^"~~tc,,t pool to nlaint,.;., ,;J".d",,;',~
""""5"",C'tt~.)
Kille: CIIlpl.}c, plo.idcs du-.uulClrtation.;.,J;...di..'Ió 1,0", <11M} enll'lo}'~s IrlC)c;t
dtll", uf tI\(.5(. cohd;t).u,lJ., thG apþli...d:.l" &òals ",iB not b" "1,,,ußcJ, b"t tllG
e,"'plu}c"s ",ho f.dl ;'Ito tI,...... ....h.&O,;..å ",iB not bG ;'",l"d..d ;'1 tllG
Galeulat).u,l!o of Plup",t).",1 en: SOY h;p~ a.üd ~.~IT pC! empl,,}..<. "sed to
d.,t""niIlG tllG "",¡Ao}C!'s p1"!S""'" to",lI1d PI"!S',,,u 5"cd~. A ,cq"Gst fol a
",ùdifiCl'tb."u bA$Od Con thi~ ,^,uJition must b" ",Ad" b} tllG employer within
tltlG" """,tlls aftCI b,,;'<& ,lOtifuxI tb..d tI,,-} AiG subjGGt to tI.;~ "ldìptc,.
Au ~ "".pl.}", d>."IOIIStIdh... IItcd it>. """l&t<. ~ con6.5"u,,~ ",itl, a CTR
..vIIG bo",.d>..} lùld that the. """L,¡t<. conditions aff""t;"5 cdte,nati.G Gommtlte
options IIIG ';',.íh.. tú tlIO5<. fol cmplo}",~ ;., th" cu:ijO;";U5 CTR ..o,IG. UtIdC!
17
(he)
(3)
(4)
tI~ condiliv.1, tlb:. ",.",1\"7,,,'& ..OI~ "14,7 Ix. mad... ~ubj'^'ttv tll(. same. ~öal~
oo¡ '¡!\.IT j)CI cmp\V,7,^, ..Ad plöporliv.1 of SO'll:iips u cmplõ,7cU ;.. tI...
..djoinin5 CTR ...one..
A ¡c'lu,,~t fõl .. ...vdi£.:;atioll b......J öll tlli~ ~..d;t;v.1 must be. made. b,7 tbe
E,..¡Ao,7a w¡tI.d1 1111cc. nlv..tI...1Ifta b...:..'ð ílOtificd tI",t tI.",7 .!u." súbjcc.tlo this
article--.
Udlll.1i"':patcd COI.di1iOIlS, ....J. ~ u:l1!'&...aabiIi:t,7 of alt"...líb..e. CO......út\;; ..Iodes
due. tv fadu.~ ¡daM tv II." ..v.l&it<., .... "ü.{>lo,7""~ ..v.J.. 'fu¡cc., or
ch....."t<.¡jsli..~ of th.. 1>u$ÌiIGSS tltAtllle. 1>",7ölld tto" "",plõ,7a'~ ..v..ttol. A
¡e'lu<.st fo. ~oal¡..vdi£~v.. 1>ued v,¡ lliis ~..d;b.Ol'll'lluót 1:>.:. I'Ilad... 1>,7 tll(.
"..lplv,7""~ Us1ð'.ed ¡..pv.btlß d..l...~ ;'11995 ...1.1 1997 :999 ell..] 2865.
R-clo...å>ol'l "f /. ..v.L.ít<. tv ...IOtl.... eTR ...v..".
R"'iu"ót~ Co, 5v.d
modificatiutll:,......J 01'1 thi~ ..onditiv.. 111&,7 1:>.. .¡lade. "t ...1,7 timG.
(5)
1f...1 Cn'Iph,,7C1 d......o..~b.cå\.S it's ..od,sit.. condiliv..j, cliff". £.oJn thG ótiltldllld
85% b.......,7"'" ..duGS 1:>,7 .úb..';tbtIß ...;tlal cmplv,7"':' Su1.e.,7~ Adtninistcred
cd. tI..:. ..v.l&it<. ..;tI.in .';'...t,7 (99) 4<.,7& ufll.<. cÆ....ti... date. öf tI.i& lllticlc., or
..iLl';', .';'...t, (99) da,7~ ofb....,.,..~.. ."'wl)' .dI\..ctcd ""'ph,,7C1, ..1';,,1. ~u¡ .e.ys
c:..!;bd:,I;óh II", "'1..,Iv,7""~ 0..1'1 b....c.,7"'" ..du..... ufVMT }I'" Cíllploye." GlId SO'!
¡~ ..ae. h;gha lllti1\ th" CTR "",.1(. a..../.ßc., t\:",.. that cmplo,a's b...... ,CII1
.alu.. ""',7 b.. tI." p"',^"íLAg.:. ...d.....m.M tv... ~u..l. ~u¡.e.'js.
Written request for modification. All requests for modification of CTR program
goals must be made in writing to the city by certified mail or delivery, return receipt.
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(~)
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 writing before the due date for which the extension is being
requested. Requests for extensions must be made prior to the due date anytime a
program 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 pennanently as a result of these extensions. An
employer's annual reporting date may be extended at the discretion of the public
works director.
H.
FWCC Section 15-210 shall be amended as follows: Credit for transportation demand
management efforts.
(a)
Credit for programs 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.
(1)
Employers whose VMT per employee and proportion of SOy trips are
a1ready equal to or less than the goals for one or more future goal years, and
who commit in writing to continue their CUITent level of effort, shall be
exempt ITom the following year's annual report.
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(b)
(2)
Employers ..p¡Å);"¡g f'ó, d,c. "lvlS""" ...,...dil ;., d.c;' ;";bal 1993 t',ot;1/uu
d.-,;.,livu shall be considered to have met the first measurement t995 CTR
goals if their VMT per employee and proportion of SOy trips are equivalent
to a 12 percent or greater reduction from the base year zone values. This
three percentage point credit applies omy to the first measurement t995 CTR
goals.
For the initial year, employer requests for program 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 t995 1222. and
t99'1 2DJJJ.. for succeeding years.
Application for a program credit sha1l include an initial program description, written
comnùtment on an official report fonn to maintain program elements, and results from
a SUIVey of employees, or equivalent infonnation that establishes the applicant's VMT
per employee and proportion of SOy trips. The survey or equivalent infonnation
shall confonn to all applicable standards established in the CrR Task Force
Guidelines Dh......t<..'& R:ulw fv, ;.ùlplcm""Mion ofd';~ ...bclc..
Credit for alternative work schedules, telecommuting, bicycling and walking, by
affected employees.
(1)
The city will count commute trips eliminated through alternative work
schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips
eliminated. This assumption applies to both the proportion of SOy trips and
VMT per employee.
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(2)
This type of credit is applied when calculating the SOy and VMT rates of
affected employers.
I.
FWCC Section 15-213 shall be amended as follows: Enforcement.
(a)
(lù
Compliance. For purposes of this section, compliance shall mean submitting
required reports and documentation at prescribed times and fully implementing ill
good faith all provisions in an accepted CTR program.
Program nrodf(ication C1'ÌteI'ÜL The following criteria for achievinv goals for VMT
per emplqyee and prqportion Q.f SOV trips shall be qpplied in determini1lJ{
reqpirements for emplqyer cm pror:ram modifications:
(Jl
JllD'l emplqyee ma/œs a rood faith ((forts av ~fined in RCW 7094534(21
and this ordinance and meets either or both the qpplicable SOVor VMT rool
the emlJlQyer has .vatiified the o~iectives ql the cm plan and will not be reqpired
to modifY its cm pr°'l"am.
(2).
(f lD'l emplqyee makes a ~ faith ~/rort. as d(fined in RCW 70 94 534(~land
thi.v ordinance but has not met or is not likely to meet the qpplicable SOVor
VMT vaal the city shall work collahoratively with the emplqyer to make
modi/ications to its cm pro'l"am. Æfier azreei1lJ{ on modification the
emplqyer shall submit a revised cm prozram tkscri,ption to the city for qpproval
wffmn30~sqfroacmnranaweem~t
m
U an emplqyer fails to make a 'lood faith ((fort as d~/ined in RCW
70 94534(2) and this ordinance and fails to meet either the qpplicable SOVor VMT
reduction vool the city shall work collaborative(y wffh the emplqyer to identify
21
(b&)
modificatians to. the CrR Fovam and shall direct the emvlqyer to. revise
its praw-am within 30 dqys to. incarporate the modificatians In re:¡ponse to. the
recammended modificatians the emplqyer shall submit a revised
crR prow-am descriptian includinf{ the requested madi.fìcatians ar equivalent
measures within 30 dqys Ql receivinf{ written natice to. revise its vragram.
The city shall review the revisions and 1lOti.tý the emplqyer Q/ acceptance ar rvectian
ar the revised prow-am. U a revised prow-am is nat accepted the city will send
written natice to. that f;.tfect to. the e1l plqyer within 30 tk¡ys and if necessary require
the emplqyer to. attend a call1erence with praw-am review statf far the purpose af
reaching a cansensus an the reØJired pragram. A final decisian an the
reØJired.program will be issued in writinsl by the city within ten warkinf{ tk¡ys Ql the
callference.
Violations. The following actions shall constitute a violation of this chapter:
(1)
Failure to implement an approved C1R program, unless the program elements
that are carried out can be shown through quantifiable evidence to meet or
exceed VMf and SOV goals as specified in this chapter. Failure to implement
a CTR program includes but is not limited to:
a. Failure of any affected employer to submit a complete C1R program within
the deadlines specified in section 15-208.
b. Failure to submit required documentation for annual reports.
c. Submission offtaudulent data.
(2)
Failure to modifY a C1R program found to be unacceptable by the city under
22
l5-208(d).
m
Failure to maJœ a 'lOO4 faith ~fJort. as defined in RCW 70.94534('0 and this
ordinance.
(c)
Penalties. No q[fected e"IPlqyer with an qpproved cm prowam which has made
f:OlXt. faith tdJort mqy be held liable for failure to reach the qpplicable SOVand VMT
gQfJ].. 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 inftaction
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 of an inability to reach agreement with a certified
collective bargaining agent under applicable laws where the issue was raised by the
employer and pursued in good faith. Unionized employers shall be presumed to act
in good faith compliance if they: (a) Propose to a recognized union any provision of
the employer's CTR program that is subject to bargaining as defined by the National
Labor Relations Act; and (b) Advise the union of the existence of the statute and the
mandates of the CTR program approved by the City and advise the union that the
proposal being made is necessary for compliance with RCW 70.94.531.
~. Ratification. Arr¡ 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
23
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.
~. Effective Date. This ordinance shall be effective thirty (30) days after passage,
as provided by law.
]>ASSED by the City Council of the City of Federal Way this
~/ ,1998.
21
day of
CITY OF FEDERAL WAY
£(d~
MAYOR, RON GINTZ
~ST tJ (
.~~
CITY CLERK, CHRIS REEN, CMC
APPROVED AS TO FORM:
~LO~I~ELL~
FlLED WITH TIIE CITY CLERK:
PASSED BY TIIE CITY COUNClL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 98-313
03-31-98
04-21-98
04-25-98
05-21-98
I:IC1RICTR3.0RD
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