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12-05-2016 Council Meeting
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Kristin APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Debora Nelson 1. Minutes of the November 21 and November 28, 2016 Council Meetings ATTACHMENT A 2. Accounts Payable 3. WSDOT Local Agency Guidelines/Prospectus for 67th Ave ATTACHMENT B 4. Resolution to Surplus Utilities Equipment ATTACHMENT C PUBLIC HEARING NEW BUSINESS 1. Executive Report presentation by McGrath Consultants ATTACHMENT D Staff Presentation: Heather Logan Council Liaison: Mayor Pro Tem Debora Nelson 2. Approval of the Collective Bargaining Agreement with the ATTACHMENT E IAFF Local No. 3728 Staff Presentation: Heather Logan Council Liaison: Jesica Stickles/Marilyn Oertle Arlington City Council Meeting Monday, December 5, 2016 at 7:15 pm or after Transportation Benefit District Meeting City Council Chambers – 110 E Third St SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 3. Ordinance Amending Horizontal Mixed Use Overlay and Zoning ATTACHMENT F Map - AMC 20.36 Staff Presentation: Chris Young Council Liaison: Jesica Stickles/Chris Raezer 4. Ordinance Adding New Plan for Commute Trip Reduction ATTACHMENT G Staff Presentation: Amy Rusko Council Liaison: Jesica Stickles/Chris Raezer 5. Lodging Tax Distributions for 2017 ATTACHMENT H Staff Presentation: Kristin Garcia Council Liaison: Jesica Stickles/Chris Raezer DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third November 21, 2016 City Council Members Present by Roll Call: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Sheri Amundson, Jonathan Ventura, Marc Hayes, Jim Kelly, Kristin Garcia, Deana Dean, and Steve Peiffle – City Attorney. Also Known to be Present: Jackson Dean and Doug Buell Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. The pledge of allegiance followed and was led by Boy Scout Jackson Dean from Troop 92. APPROVAL OF THE AGENDA Councilmember Nelson moved to approve the Agenda. Councilmember Raezer seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT CONSENT AGENDA Councilmember Nelson moved and Councilmember Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the October 1, 2016 City Council Retreat and November 7 and November 14, 2016 Council Meetings 2. Accounts Payable: Approval of EFT Payments and Claims Check #89335 through #89463 dated November 8, 2016 through November 21, 2016 for $1,013,552.68. 3. Update Right of Way Acquisition Procedures PUBLIC HEARING Public Works Director Jim Kelly discussed issue of utility equipment surplus. No members of the public wishing to make comment, this hearing is closed. This matter is moved forward for action at the December 5, 2016 Council meeting and should be placed on the Consent Agenda. Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting November 21, 2016 Page 2 of 3 NEW BUSINESS Adopt 2017-2018 Budget Ordinance Finance Director Kristin Garcia thanked Council, Directors, and staff for their cooperation and assistance in preparing the 2017 budget. Council comments followed. Councilmember Nelson moved and Councilmember Raezer seconded the motion to approve the ordinance adopting the City of Arlington Biennial Budget for 2017 and 2018, and authorize the Mayor to sign the ordinance. The motion was approved by a unanimous vote. Adopt Resolutions to Set the Regular Property Tax Levy for 2017 Kristin Garcia reviewed the proposed resolutions for property tax levy for 2017. Councilmember Nelson moved and Councilmember Raezer seconded the motion to approve the resolution to increase the 2017 Regular Property Tax Levy, and authorize the Mayor to sign the resolution. The motion was approved by a unanimous vote. Councilmember Nelson moved and Councilmember Raezer seconded the motion to approve the resolution authorizing an increase in Tax Levy Capacity pursuant to RCW 84.55.120, and an Increase in Limit Factor for Maximum Levy Capacity pursuant to RCW 84.55.0101, and authorize the Mayor to sign the resolution. The motion was approved by a unanimous vote. Adopt Resolutions to Set the EMS Tax Levy for 2017 Kristin Garcia reviewed the proposed resolutions for the EMS tax levy for 2017. City Attorney Steve Peiffle noted a typographical error regarding RCW 84.35.0101 to this motion as well as the previous motion. Councilmember Nelson moved and Councilmember Stickles seconded the motion to approve the resolution to increase the 2017 EMS Tax Levy, and authorize the Mayor to sign the resolution. The motion was approved by a unanimous vote. Councilmember Nelson moved and Councilmember Stickles seconded the motion to approve the resolution authorizing an Increase in Tax Levy Capacity Pursuant to RCW 84.55.120, and an Increase in Limit Factor for Maximum Levy Capacity Pursuant to RCW 84.55.0101, and authorize the Mayor to sign the resolution. The motion was approved by a unanimous vote. Adopt Resolution to Reject All Bids for Haller Park Restroom Facility Permit Center Manager Marc Hayes requested Council reject all bids for the Haller Park restroom facility project. Councilmember Raezer moved and Councilmember Schuette seconded the motion to approve the resolution to reject all bids for the Haller Park Restroom/Activity Shelter Project, and allow a Notice of Rejection of Bid to be sent to all companies that submitted bids for the project. The motion was approved by a unanimous vote. Request for Authorization to Purchase CXT Building for Haller Park Marc Hayes requested Council authorize the purchase of a CXT building for Haller Park. Council questions followed. Councilmember Stickles moved and Councilmember Oertle seconded the motion to approve the purchase of the “Denali” style precast concrete building from CXT Concrete Buildings for the Haller Park restroom/concession facility. The motion was approved by a unanimous vote. Minutes of the City of Arlington City Council Meeting November 21, 2016 Page 3 of 3 ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis commented on tonight’s milestones – adoption of the City’s first 2 year budget and the Haller Park restroom project. Paul noted that the City received word that we did not secure grant funding for the 173rd project and the City will be attempting to come up with a better funding source. COUNCIL MEMBER REPORTS Councilmembers Stickles, Nelson, Schuette, and Hopson gave brief reports while Councilmembers Oertle, Weiss, and Raezer had nothing to report at this time. MAYOR’S REPORT Mayor Barbara Tolbert reminded Council of the RFA Committee meeting schedule with every other meeting taking place in Arlington except for Thanksgiving. The MIC discussion at PSRC continues to move along in the process and is slated to go in front of the PSRC Executive Committee in January although that may be extended. Airport Open House is on December 9, 2016 and the Employee Breakfast is on December 7, 2016. EXECUTIVE SESSION None ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:25 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street November 28, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Jesica Stickles, Sue Weiss and Marilyn Oertle. Staff Present: Mayor Barbara Tolbert, Paul Ellis, Heather Logan, Sheri Amundson, Kristin Banfield, Jim Kelly, Chris Young, Amy Rusko, Jonathan Ventura, Kris Wallace, Marc Hayes, and City Attorney Steve Peiffle. Council Members Absent: Also Known to be Present: Stacey Gunnerson, Ruth Caesar, Kevin Duncan, Mike Britt, Cristy Brubaker, Doug Buell, and Sarah Arney. Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Councilmember Nelson moved to approve the agenda. Councilmember Raezer seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Ordinance Amending Horizontal Mixed Use Overlay and Zoning Map – AMC 20.36 Community and Economic Development Director Chris Young and Permit Center Manager Marc Hayes reviewed the proposed ordinance amending AMC 20.36 to establish a horizontal mixed use overlay district and adopting a new zoning map. Discussion followed. Ordinance Adding New Plan for Commute Trip Reduction Community Transit Transportation Demand Management and Outreach Specialist Stacey Gunnerson and Associate Planner Amy Rusko discussed the proposed ordinance that will replace AMC Chapter 10.80, Transportation Demand Management, with a new Chapter 10.80, Commute Trip Reduction, and adopting the new Commute Trip Reduction Plan for 2017-19. Discussion followed. WSDOT Local Agency Guidelines / Prospectus for 67th Ave NE Public Works Director Jim Kelly discussed the local agency agreement and project prospectus to allow WSDOT Local Programs to oversee the work to be performed on 67th Ave NE in 2017. Discussion followed. Council requested the item be placed on Consent Agenda for the December 5, 2016 meeting. At 7:29 p.m., Mayor Tolbert excused herself from the next agenda item and left her seat. Mayor Pro Tem Debora Nelson called the next item of business. Lodging Tax Distributions for 2017 Assistant Finance Director Sheri Amundson and Lodging Tax Advisory Committee (LTAC) member Ruth Caesar presented the recommendations for Lodging Tax Distributions for 2017 by the LTAC. Discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT November 28, 2016 Page 2 of 2 At 7:43 p.m., Mayor Tolbert rejoined the meeting and resumed her position as chair. October Financial Report Assistant Finance Director Sheri Amundson reviewed the October Financial Report with the City Council. Discussion followed. Miscellaneous Council Items None. Public Comment Kevin Duncan, Arlington Flight Services, reported vandalism at Arlington Municipal Airport had occurred for the third time in three weeks. He requested the installation of additional cameras at Arlington Municipal Airport to assist the police in monitoring activity at the airport. Mayor Tolbert and City Administrator Paul Ellis deferred the item to Police Chief Jonathan Ventura and Airport Director Dave Ryan for review and response. Mike Britt, Downtown Arlington Business Association President, commented on the Lodging Tax Advisory Committee’s recommendations for the 2017 lodging tax grant distributions. Sarah Arney, Arlington Arts Council President, commented on the Lodging Tax Advisory Committee’s recommendations for the 2017 lodging tax grant distributions, requesting the LTAC place more emphasis on economic development impact and less on “heads in beds”. Adjournment The meeting was adjourned at 8:06 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: December 5, 2016 SUBJECT: 67th Ave Pavement Preservation WSDOT Project Prospectus ATTACHMENTS: Project Prospectus DEPARTMENT OF ORIGIN Public Works; Jim Kelly EXPENDITURES REQUESTED: $247,148 (City portion of project) BUDGET CATEGORY: TBD Funds LEGAL REVIEW: DESCRIPTION: WSDOT Local Agency Agreement allowing WSDOT Local Programs to serve as the Certifying Agency (CA) to oversee work performed and expenditures on a project receiving a federal trans ortation rant. Pro ect Pros ectus rovides overview of ro ect to WSDOT. HISTORY: The City of Arlington has been awarded $184,838 in Federal Grant Funding for construction of the 67th Ave Pavement Preservation Project. Since these are Federal Funds, the City is required to have a Certified Agency (CA) oversee the performance of the project and expenditure of funds – WSDOT Local Programs office will act as the City’s CA. The City needs to sign the attached Local Agency Federal Aid Project Prospectus and the Local Agency Agreement to enter into contract with WSDOT to act as our CA. ALTERNATIVES Do not sign the WSDOT document Remand to staff for additional research RECOMMENDED MOTION: I move to accept the provisions of the Pro ect Prospectus and authorize the ma or to si n the Project Prospectus, pending final review by the City Attorney. Local Agency Federal Aid Project Prospectus Local Local Forces State Railroad 20.205 Other Agency Federal Program Title Project Title Project Termini From - To Nearest City Name Begin Mile Post End Mile Post Length of Project Award Type Begin Mile Point City Number County Number County Name WSDOT Region Congressional District(s)Legislative District(s)Urban Area Number Phase Total Estimated Cost Local Agency Funding (Nearest Hundred Dollar) Federal Funds Phase Start Date Month Year P.E. R/W Const. Total (Nearest Hundred Dollar)(Nearest Hundred Dollar) Page 1 Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes Project Prospectus Approval By Title Date Approving Authority Local Agency Contact Person Title Mailing Address Phone City Zip Code WA State Federal Aid Project Number Prefix Route ( ) Local Agency Project Number Date Federal Employer Tax ID Number WSDOT Use Only( ) NStart Latitude End Latitude N W W Start Longitude End Longitude Description of Proposed Work Description of Proposed Work (Attach additional sheet(s) if necessary) DUNS Number Project Zip Code (+ 4) u Previous Editions Obsolete uDOTForm 140-101 Revised 04/2015 CA Agency Yes No Route ID End Mile Point Environmental Classification Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Principal Arterial Minor Arterial Collector Major Collector Minor Collector Local Access Flat Roll Mountain Flat Roll Mountain DateAgencyProject Title Geometric Design Data Description Through Route Crossroad Federal Functional Classification Terrain Posted Speed Design Speed Existing ADT Design Year ADT Design Year Design Hourly Volume (DHV) Page 2 Performance of Work Preliminary Engineering Will Be Performed By Construction Will Be Performed By Others Contract Agency Agency % % % % Environmental Considerations Urban Urban Rural Rural Class I - Environmental Impact Statement (EIS) Class II - Categorically Excluded (CE) Class III - Environmental Assessment (EA) Projects Requiring Documentation (Documented CE) Project Involves NEPA/SEPA Section 404 Interagency Agreement Project Involves NEPA/SEPA Section 404 Interagency Agreement New Construction Type of Proposed Work Roadway Width Number of Lanes 3-R Project Type (Check all that Apply) 2-RReconstruction Railroad Bridge Path / Trail Pedestrian / Facilities Parking Other NHS NHS DOT Form 140-101 Revised 04/2015 u Previous Editions Obsolete u Right of Way Yes No DateAgencyProject Title Page 3 Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Remarks FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? This project has been reviewed by the legislative body of the administration agency or agencies, or it’s designee, and is not inconsistent with the agency’s comprehensive plan for community development. Agency Date By Mayor/Chairperson No Right of Way Needed Right of Way Needed Relocation Required* All construction required by the contract can be accomplished within the existing right of way. No Relocation DOT Form 140-101 EF Revised 04/2015 u Previous Editions Obsolete u No utility work required No railroad work required Utilities Railroad All utility work will be completed prior to the start of the construction contract All utility work will be completed in coordination with the construction contract All railroad work will be completed prior to the start of the construction contract All railroad work will be completed in coordination with the construction contract City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Resolution 2016-XXX Authorizing Surplus of Utility Equipment ATTACHMENTS: Resolution declaring utility equipment as surplus DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff is requesting that Council approve a resolution declaring a Wastewater Utility vehicle as surplus following a Public Hearing. HISTORY: State law requires that a public hearing be held prior to the surplus of “land, property, or equipment originally acquired for public utility purposes” (RCW 35.94.040). At the November 21, 2016 Council meeting a public hearing will be held to solicit public discussion and input regarding proposed action of declaring the below vehicles as surplus, at the Dec 5, 2016 Council Meeting staff will be recommending that Council approve a resolution declaring the Wastewater Utility dump truck as surplus. Year Item VIN ID # 1992 Ford Dump Truck 1FDZU90X4NVA26572 #WW‐42 ALTERNATIVES Do not surplus equipment Remand to staff for further consideration RECOMMENDED MOTION: I move to approve resolution 2016-XXX declaring Wastewater Utility dump truck as surplus, and authorize the Mayor to sign the resolution, pending final review by City Attorney. RESOLUTION NO. 2016-XXX 1 RESOLUTION NO. 2016-XXX A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN UTILITY PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the vehicles listed on the attached Exhibit “A”; and WHEREAS, the items identified on Exhibit “A” are surplus to the needs of the City; and WHEREAS, the City conducted a public hearing on November 21, 2016 and thereafter determined approval of this resolution was in the best interests of the City and citizens; NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment described on the attached Exhibit “A” is declared surplus to the needs of the City. 2. Staff is instructed to trade in all items for the best available price, sell all items for the best available price or properly dispose of items that it is unable to sell. Staff is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this 21st day of November, 2016. ________________________________ Barbara Tolbert Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steven J. Peiffle, City Attorney RESOLUTION NO. 2016-XXX 2 EXHIBIT A Year Item VIN ID # 1992 Ford Dump Truck 1FDZU90X4NVA26572 #WW-42 City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Executive Report presentation by McGrath Consultants ATTACHMENTS: Executive Report DEPARTMENT OF ORIGIN Administration – Paul Ellis EXPENDITURES REQUESTED: BUDGET CATEGORY: General Fund LEGAL REVIEW: DESCRIPTION: Victoria McGrath, of McGrath Human Resources Group, will present an overview of methodology, description of how a market-based salary system works, recommended classification system changes, recommended compression strategies, recommended salary schedule for non-represented employees, and benefit market review. HISTORY: The City of Arlington (City) solicited proposals from interested, highly-qualified, and experienced consulting firms to design, conduct, and assist in the implementation of a comprehensive compensation study for the City’s employees. The City received two proposals. Staff reviewed both proposals and has recommended awarding a contract to McGrath Human Resources Group to complete the survey. The last full comprehensive compensation plan was completed in the early 2000s. ALTERNATIVES RECOMMENDED MOTION: Discussion only. McGrath Consulting Group, Inc. 1 For December 2016 McGrath Consulting Group, Inc. 2 McGrath Consulting Group, Inc. P.O. Box 190 Wonder Lake, IL 60097 Office (815) 728-9111 Fax (815) 331-0215 www.mcgrathconsulting.com ©Copyright 2016 McGrath Human Resources Group. All rights reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or otherwise without the expressed written permission of McGrath Consulting Group, Inc. McGrath Consulting Group, Inc. 3 Table of Contents Study Overview ....................................................................................................................................... 4 Methodology ............................................................................................................................................ 6 Data Collection ..................................................................................................................................... 6 Labor Market ........................................................................................................................................ 7 Market Data Solicited ........................................................................................................................... 9 Pay Range Market Analysis ................................................................................................................... 9 Minimum Salary Comparison ............................................................................................................... 9 Market Rate Salary Comparison ........................................................................................................... 9 Maximum Salary Analysis .................................................................................................................. 11 Market Data Summary ........................................................................................................................ 11 Current Compensation Systems .......................................................................................................... 11 Compression ....................................................................................................................................... 12 Position Considerations ........................................................................................................................ 13 Recommended Salary Schedule ........................................................................................................... 13 Placement ............................................................................................................................................ 13 Longevity ............................................................................................................................................ 14 Life Cycle of Salary Schedule ............................................................................................................ 15 Benefit Statements .............................................................................................................................. 15 Summary of Compensation ................................................................................................................ 16 Summary of Recommendations .......................................................................................................... 16 Benefit Analysis ..................................................................................................................................... 18 Health Insurance ................................................................................................................................. 18 Non-Uniformed Employees ............................................................................................................ 18 Uniformed Employees .................................................................................................................... 20 All Plans .......................................................................................................................................... 20 Wellness Program ............................................................................................................................... 21 Paid Time Policies .............................................................................................................................. 21 Vacation .......................................................................................................................................... 22 Sick Leave ....................................................................................................................................... 23 Holidays .............................................................................................................................................. 24 Payout Provisions ............................................................................................................................... 25 Summary Benefit Recommendations ................................................................................................. 25 Appendix A: Non-Represented Employee 2017 Recommended Schedule ...................................... 27 Table of Tables Table 1: Comparable Organizations ......................................................................................................... 7 Table 2: Average Market Rate Summary Full -time Positions ................................................................ 10 Table 3: Proposed Vacation Schedule for Non-represented and Department Heads ............................ 23 McGrath Consulting Group, Inc. 4 Study Overview McGrath Consulting Group, Inc., an organization that specializes in public sector consulting, was commissioned by the City of Arlington to conduct a comprehensive classification and compensation study of all positions. The City requested an evaluation of all City positions in order to update the current system. The purpose of this study is to: Obtain and establish compensation among the external comparable market. Establish internal equity among positions within the City. Integrate the data from the external market and internal market, into an updated compensation system. Obtain data, evaluate and recommend other pay practices and compens ation-related benefits such as additional pay, leave and cash-outs. Work with administration to develop a plan for and support with implementation of the compensation system. Provide implementation strategies for any compensation system updates including a projection of the ongoing budget commitments necessary to provide a sustainable and consistent compensation system. The Consultant would like to extend appreciation to the City Administrator, Assistant City Administrator, Human Resources, and Finance for their time, cooperation, and sharing of information and perceptions with McGrath Human Resources Group. Note: The contents of this report are geared toward the non-representative employees of the City. Information and recommendations have been gathere d for all City employees; however, a number of city employees are represented by unions and as such, all wages and benefits are subject to negotiations. Information regarding compensation and benefits as part of this study that may be subject to contract negotiation have been submitted to the City under confidential cover. Definitions The following are definitions that helped guide the development of the compensation system for Arlington. McGrath Consulting Group, Inc. 5 Benchmark Position: A job that is commonly found and defined, used to make pay comparisons, either within the organization or to comparable jobs outside the organization. Classifications: Job titles. Compensation System: A system developed to compensate employees. This system includes a balance between internal equity and external competitiveness. Compensation Data: Data derived from information regarding the salary range and the rate of pay of the incumbent(s) holding a benchmark position of the identified labor market. Comp Ratio: The ratio of an actual pay r ange to the established position point (or average market rate). The Comp Ratio is used to measure and monitor an individual’s actual rate of pay to the Position Point of the established pay range. In Arlington, a 50% comp ratio (+/- 10%) indicates an individual is being paid approximate to the established position point (or average market rate). Compression: Pay differentials too small to be considered equitable. The term may apply to differences between (1) the pay of supervisors and subordinates; (2) the pay of experienced and newly hired personnel of the same job; and (3) pay range midpoints in successive job grades or related grades across pay structures. CPI-U: Consumer Price Index – Urban: A measure of the average change over time in the prices paid by urban consumers for a market of consumer goods and services. It reflects the spending pattern for three population groups: all urban consumers, urban wage earners, and clerical workers. This group represents approximately 87% of the total U.S. population. Demotion: The (re)assignment of an employee to a position in a lower pay grade or range in the organization’s salary structure. Labor Market: A location where labor is exchanged for wages. These locations are identified and defined by a combination of the following factors: geography; industry; education, experience and licensing or certification required; and job responsibilities. Market Data: The technique of creating the financial value of a position based on the “going rate” for benchmark positions in the relevant labor markets. Minimum Salary Range (Minimum): The minimum amount of compensation the organization has deemed appropriate for a position. Maximum Salary Range (Maximum): The highest amount of compensation the organization has deemed appropriate for a position. Market Rate (Market): The organization’s best estimate of the wage rate that is prevailing in the external market for a given position. McGrath Consulting Group, Inc. 6 Market Average: Per the compensation philosophy of the City Council of Arlington, the philosophy to pay employees based upon the ‘average’ market rate; or the ‘average’ prevailing wage rate in the external market. Market Average Range: A pay range in which the minimum and maximum of the range is established around the Average Market Rate. Pay Grade : The grade, or placement of a position, within the salary structure . Pay Grade Evaluation: The (re)assignment of a job to a higher or lower pay grade or pay range in the salary structure due to a job content (re)evaluation and/or significant change in the average market rate in the external labor market. Performance Increase: An adjustment to an individual’s base pay rate based on performance or some other individual measure. Promotion: The (re)assignment of an employee to a position in a higher pay grade or range in the organization’s salary structure. Position Point: Per the compensation philosophy of the governing board of Arlington, the philosophy to pay employees based upon the ‘average’ market rate; or the ‘average’ prevailing wage rate in the external market. Salary Schedule Adjustment: An adjustment to the salary structure; the increase or decrease of a pay range, minimum – maximum. This is a method to maintain the salary range in relation to external market conditions. Step Schedule : Standardized progression pay rates that are established within a pay range. To move to the next step one must have met acceptable performance standards. Salary Schedule: The hierarchy of job grades and pay ranges established within an organization. Spread: The range of pay rates, from minimum to maximum, established for a pay grade. Typically used to set individual employee pay rates. Methodology Data Collection The project involved several steps: collection of data, interviews, and data analysis. The first step of this study involved the gathering of data that pertains to current compensation practices within Arlington. The Consultant received information relating to current salaries, collected market data, McGrath Consulting Group, Inc. 7 specific policies, and current job descriptions. This provided a basis on which to build a compensation system. Interviews were conducted with the City’s senior staff, including the City Manager and Department Heads. The purpose of these meetings was to first, gain an understanding of the City’s current compensation practices and philosophy; second, solicit ideas and input from these stakeholders for future compensation methodologies and practices; and finally, determine if there were any positions within the City that were difficult to recruit, retain, or were otherwise unique in the position’s responsibilities. Labor Market In order to gain information from the external market, the Consultant established a list of comparables from interviews with the Department Heads and City Aministration. Each of the comparable organizations were contacted initially via telephone and then were provided an online questionnaire. Salary data for specific positions was solicited from the comparable organizations. The following comparable organizations were contacted: Table 1: Comparable Organizations Participants DNR City of Anacortes, WA All Comps requested City of Bellingham, WA All Comps requested City of Bothell, WA All Comps requested City of Burlington, WA All comps requested x City of Everett, WA All Comps requested City of Lake Stevens, WA All Comps requested City of Lynnwood, WA All Comps requested City of Marysville, WA All Comps requested City of Monroe, WA All Comps requested City of Mt. Vernon, WA All Comps requested City of Mukilteo, WA All Comps requested City of Oak Harbor, WA All Comps requested City of Snohomish, WA All comps requested x City of Stanwood, WA All comps requested x City of Mill Creek, WA Police City of Mountlake Terrace, WA Police City of Sedro Woolley, WA Police City of Tumwater, WA Police/Fire City of Camas, WA Fire McGrath Consulting Group, Inc. 8 Participants DNR City of Port Angeles, WA Fire x District 1 Fire x Lake Stevens; Fire District 8 Fire Marysville Fire District Fire Monroe (Snohomish #3 #7) Fire Snohomish FD#4 Fire Chehalis-Centralia Airport Airport Olympia Regional Airport Airport x Paine Field; Snohomish County Airport Airport x Port of Olympia Airport Skagit Bay View (Port of Skagit) Skagit Regional Airport Airport x Woodland State Airport Airport WSDOT Aviation Airport The Consultant was pleased with the response to the survey. All but eight (8) of the organizations contacted provided data. The collection of this compensation data was utilized to analyze the Average Market Minimum, Mid- Point and Maximum rates per defined Benchmark positions, as well as a comparison of the Average Salary of the positions to the salary of incumbents within Arlington. When necessary, evaluation of the comparable organization’s job description, when available online, was utilized to resolve conflicts. The labor market for Arlington was determined based upon a number of factors including location, size, recruitment areas, and discussions with Department Heads. During interviews, each Department Head was asked if there were certain municipalities they felt had similar positions. If so identified, the Consultant sought the salary and benefit data. The Consultant surveyed 86 positions within Arlington. In addition to the current positions within Arlington, the Consultant sought comparable data on positions that might have job responsibilities that are combined in Arlington but might be separate in other organizations. These may be positions that have differentiated salaries due to requi red certifications, and positions that might be added in the future. Further, in some cases, the titles were altered to better align with the industry. McGrath Consulting Group, Inc. 9 Market Data Solicited The market surveys gathered the following information: 2016 Minimum, Midpoint, and Maximum Salary for the position as well as the Average Salary of the incumbents. Positions with less than three (3) participants were excluded since it was considered an insufficient sample size. Further, salaries that were considered statistically too high or low were eliminated when determining the market average. In addition to compensation data, the Consultant solicited data employer-provided benefits such as insurance and leave accrual. Pay Range Market Analysis Minimum Salary Comparison The analysis of the Minimum Salary Range gives the initial indication if starting salaries are within an acceptable Market Range. For this purpose, the closer to 50% (Average Minimum), the closer the match of the City’s Minimum to the Average Market Minimum. Minimum starting salaries below 40% (called the comp-ratio) would require further evaluation, as this could be an indication the minimum of the Salary Range has fallen below the Market Average. A starting salary below the Average Market Minimum may not necessarily be a problem depending upon the speed in which an individual advance to the established Market Rate. There are some concerns with the minimum salaries of the current Salary Ranges because 27% of the Benchmark positions are below the Average Market Minimum. There are an additional 25% of positions that are also of concern and need be looked at further, as they are within the 40% Comp- Ratio, but at the lower end, and will soon be below the Average Market Rate. From the data, it would appear that a portion of the starting salaries have fallen below the Average Market Minimum. Market Rate Salary Comparison The next step in developing a compensation structure is to compare the current incumbent’s salari es to the Average Market Rate. For this purpose, positions where there is more than one (1) incumbent, an average of the current employees is utilized. Later in the study, analysis was conducted for each McGrath Consulting Group, Inc. 10 individual employee in relation to the recommended Market Rate, and is submitted under separate cover. It is standard compensation practice to establish a range around the Average Market Rate to determine if the employee is being fairly compensated. Employees often assume if the Average Market Rate is $25,000, then they should be earning $25,000; however, compensation practices review a range around the Average Market Rate that an employee should be at by the time the employee is fully functi oning within their position. Public sector organizations traditionally establish a 5-10% range around the Market Rate; therefore, if an employee is earning between 40-60% of the Market Rate, the employee is fairly compensated. In summary, only 18% of the City’s positions are below the Average Market Rate. There are an additional five (5) positions, or 9%, in the lower 40% Comp-Ratio range that need to be evaluated. Thus, 27% of the positions are of concern and need to be evaluated. With that said, overall, the City has maintained employee’s salaries in relation to the Average Market Rate. Table 2: Average Market Rate Summary Full-time Positions AVERAGE MARKET RATE COMP RATIO NUMBER OF BENCHMARK POSITIONS PERCENTAGE OF POSITIONS 10-29% 1 2% 30-39% 9 16% 40-49% 12 22% 50-59% 21 38% 60%-69% 7 13% 70%+ 5 9% When evaluating all of the positions within the Salary Structure compared to surrounding comparable municipalities, the majority of the Salary Schedules are within the Average Market Rate for positions with similar education, skill, and experience. This speaks to the current tenure of current employees. With that said, the Consultant would have expected to see more salaries higher than the 50% Comp- Ratio. Thus, the current Salary Schedules are just keeping up with the external market and more employees are not achieving the external market rate within an acceptable period of time. McGrath Consulting Group, Inc. 11 In compensation strategy, the Market Rate is the salary an employee reaches within approximately three – five years of employment, as long as he/she is meeting acceptable per formance expectations. It is the prevailing wage for that given position. The current salary stru cture is not providing employees the opportunity to reach the prevailing wage for the position within an acce ptable time period. Thus, the Schedules need to be adjusted. Maximum Salary Analysis The Consultant has the information to compare the City’s Salary Range Maximum to the Average Market Maximum. However, due to the various types of salary range construction, the data is not very revealing. Market Data Summary Overall, the City has kept pace with the external market. The current Schedule has fallen slightly behind the Average Market Rate with some positions that need some adjustment . Thus, there needs to be adjustment with some of the Market Minimums, adjustment of the Salary Schedules to the external market rate, and realignment of positions with placement of the Pay Grades. Current Compensation Systems The City currently has six (6) separate compensation systems. Four of these compensation plans are union plans and are negotiated between a labor group and the City. Two plans are for the non- represented employees of the City. The major issues with the current Compensation S ystems is that there are six (6) different Salary Schedules; thus, the Consultant performed an analysis and combined all of the non -public safety schedules together. This exercise illustrated a number of internal equity issues in which positions of similar titles are paid differently, and when looking at the internal hierarchy of the organization, there is compression between employee and supervisor positions. In some positions with a higher level Salary Range, starting wages are lower than subordinate positions. These issues are common with McGrath Consulting Group, Inc. 12 multiple schedules as an organization rarely attempts to evaluate them as an integrated compensation plan. Rather, each schedule is negotiated or treated independently causing internal equity problems. The schedules do not provide any promotional opportunities within the organization; thus, if one learns more skills or attains certifications that can be a value to the department, there is no monetary reward. For example, an Equipment Operator I, Equipment Operator II; or Police Officer and Master Police Officer. The City has begun to work on developing levels of positions; however, decided to wait until the compensation study to place the positions into the Compensation System. The Schedules have no tie to the external market. A few of the Schedules have steps that are fiscally large; thus, it is hard to keep them competitive to the external mar ket. Although the public does not see the overall total compensation increase (step plus cost to the schedule), the Consultant is sure if the public realized what was negotiated, it would be hard for elected officials to justify the total increase in today’s economy. Finally, there are no objective mechanism to place positions within the Salary Ranges. Compression Compression is when salaries of job classifications of a higher rank or authority are paid less than positions of a lower rank or authority. This usually occurs in public safety departments where salary plus overtime of lower ranks exceeds the higher command ranks. Because of this issue, the Consultant asked for salary information (base plus overtime) for the entire 2015 fiscal year for all job classifications. An analysis was conducted of all positions within the City, the only area in which overtime compression is an issue is within the Police and Fire Departments. There are a number of employees with an extraordinary amount of overtime. The issue of Compression arises under two circumstances: 1) the percentage distance between the ranks/positions; and 2) the distribution of overtime. The design of the wage scales has been examined, and recommendations for the percentage distance between ranks has been given. McGrath Consulting Group, Inc. 13 In addition to the construction of the Salary Schedules, management and contract language control distribution of overtime. Thus, in order to minimize compression, management of the Department must re-evaluate the usage and distribution of overtime. The combination of the various Salary Schedules will be developed with sufficient distance between Pay Grades to minimize Range Compression. Both the police and fire schedules are subject to contract negotiations. Recommendations to the construction of these Schedules have been provided under confidential cover. Position Considerations During the course of the study, there was an opportunity to better align job titles and responsibilities. The Consultant reviewed the City’s attempt at created levels of positions – i.e., Operator I, II, III, and made recommendations to maintain or eliminate these positions. Further, recommendations on title changes have been made to either create a consistent hierarchy within the organization, or to title positions more in line with current industry standards. Recommended Salary Schedule The recommended Compensation System is a compilation of all four (4) step Salary Schedules. This results in a 12 step schedule. The percent between st eps is graduated from 3.0% for Steps 1 – 5; and 2.0% from Step 6 through the top of the range. The schedule is built off the Average Market Rate which is Step 5 of the grid. Steps proceed beyond the Average Market Rate; thus, based upon minimal performance standards and tenure, the employee continues to earn beyond the Average Market Rate to Step 12 of the Salary Schedule. Continued step increases beyond the Average Market provides continued incentive for employees. Placement For purposes of implementation, employees currently below minimum of the new pay rang e Step 1 will be place on Step 1. Employees above Step 1 are placed on the step closest to their current salary McGrath Consulting Group, Inc. 14 without a decrease. This may not be a significant increase and should only be viewed as a wage adjustment to move onto the new Salary Schedule. It is not considered a performance increase. In most organizations, this type of placement proves problematic, as employees feel that if they have more tenure in the position they should be higher within the Salary Range. Although there is merit to this argument, placement on the schedule by years in the position proves to be costly – something most municipalities cannot afford. As previously indicated, Salary Schedules have been recommended for AFSCME, Police and Fire. However, these schedules are subject to contract negotiations and have been submitted under confidential cover. Longevity Longevity is a traditional and tenured benefit found in public sector that has not proven to be effective toward promoting efficient and effective services. Almost half the participants reported some type of longevity payment. For all but three (3) municipalities, longevity is calculated on a percentage of base pay, starting between the 5th-6th year of employment, with one (1) comparable reporting this benefit starting in the 10th year. The percentage of base pay ranges from .5%-12% for fire, 2%-15% for police, and 1%-4% for non-uniformed personnel. The City of Arlington provides Longevity as a percentage of the base for union personnel, and a flat dollar amount per month of service for non-represented personnel. This flat rate falls short with internal comparability in comparison to the percentages provided to unions. Union percentages are also varied. In addition, department heads do not receive longevity, which adds to the compression problem, as well as does not provide a benefit that is provided to all other employees. The Consultant recommends the City eliminate Longevity. Financial resources would be better served providing employees market compensa tion, or enhancing a specific benefit available to all employees. Since the Salary Schedule goes beyond the Average Market Rate – to Step 12, longevity is built into the Salary Schedule. Further, as indicated, the new Salary Schedule is slightly shorter than a McGrath Consulting Group, Inc. 15 traditional salary schedule; thus, as employees move closer to Step 12, the City can move Step 12 higher and still be within a traditional salary schedule. If the City decides to maintain Longevity, all non-represented positions – including department heads - should receive the same longevity percentages as non -uniformed personnel who are under a collective bargaining agreement, to better maintain internal equity. Life Cycle of Salary Schedule One of the main concerns in any salary schedule is the ability to keep it current. Often, an organization spends a lot of time and resources to review and re-evaluate their Salary Schedule, resulting in providing employees or Pay Grades significant increases because either the position or the schedule is not in line with the external market. When developing a Salary Schedule, public sector organizations must build in some mechanism for maintaining the system with the average cost-of-living increases. A Salary Schedule has a typical life span of five (5) years, at which time market conditions typically necessitate a review. The City can strive to prolong the life of the Schedule if it commits to maintaining its competitiveness with the external market. Benefit Statements Employees, especially in government where benefits are typically more generous than those in the private sector, do not realize the true cost to the municipality for providing benefits. The Consultant recommends the City continue to create an Annual Benefit Statement that details the total cost of compensation for an employee. This often has a dramatic effect on employees who only see their net pay, rather than the total cost an employer ac tually pays for an employee. Typical benefits statements include: Gross Salary Employer cost of FICA, FUTA Employer cost of federal and state taxes Employer cost of insurances (health, life, LTD, etc.) McGrath Consulting Group, Inc. 16 Employer cost for employees to participate in a sponsored Employee Assistance Program or a wellness program Employer cost of unemployment Employer cost of worker’s compensation Employer cost of pension fund(s) Employer cost of other benefits provided Total compensation for the employee Summary of Compensation From a market perspective, the City has remained relatively competitive; however, with that said, there are a number of positions that have fallen behind the Market with minimum salaries falling below the Average Market Minimum. When comparing what current employees are earning as compared to the Average Market Incumbent Salary, employees are relatively competitive. The four (4) salary schedules for the nonpublic safety personnel (AFSCME exempt/non -exempt; Non represented exempt/non-exempt) are problematic in that they are not consist ent between union and non-union, are somewhat expensive in the amount of the step increase, do not have a tie to the external market; and there is no defined mechanism for placement of positions within the Compensation system. There are a large number of Pay Grades that are unused. Finally, since there are four (4) separate systems, there is considerable problems with internal equity, causing compression problems with internal alignment of positions within the organization. Summary of Recommendations The Consultant has proposed four salary schedules. One for all non-represented employees; one for AFSCME employees (this schedule has been developed with the non-represented employees to ensure internal alignment), one for police and one for fire. Only the general non-union employee schedule is listed in this executive report. The other three are subject to negotiations and have been submitted under confidential cover. A number of title changes, as well as either adding levels or eliminating levels of positions have been recommended and discussed with Administration and Department Heads. McGrath Consulting Group, Inc. 17 All recommended schedules have ties to the external Average Market Rate, steps that are more fiscally sustainable, have taken into account issues of Compression. Thus, recommended schedules will allow both the union and City to keep the schedules more in line with the external market now and in the future. McGrath Consulting Group, Inc. 18 Benefit Analysis In addition to compensation, the City asked that a comparison of other benefits also be conducted. This included the following: health insurance, vacation, holidays, and sick leave. The following is a summary of these comparisons. Fourteen municipalities re sponded to this part of the benefits survey. Health Insurance It is normally extremely difficult to compare health insurance, as the number of plans and the plan designs are significantly different among organizations . However, The City of Arlington purchases their insurance in large consortiums with other municipalities and the majority of comparable organizations also belong to this consortium so the types of plans offer are similar. What can be compared is the amount the City contributes toward the cost of that insurance. As the City is aware, the cost of health insurance is a large budget item for any organization. Non-Uniformed Employees For non-uniformed employees, the City currently pays 80% for the Health First 250 Plan and 90% of the premium GH Copay $10 Plan. For the purposes of the benefit analysis, the Consultant compared the base contribution of these Plans against comparable mu nicipalities. Because the plan designs are virtually the same across comparables, the Consultant was able to review percentage contributions per plan design for the two (2) plans offered by Arlington. The following summarizes the findings: Health First 250 Plan is not a very common plan to offer. Only two (2) municipalities offer this option, and a contribution rate of 100%/90% and 100%/75%- compared to 80% from Arlington. $10 Copay plans are much more common, offered by ten (10) municipalities. Pre mium contributions range from 80%-100% for employee, and 75-96% for dependent plans. This is compared against Arlington, at 90%. Based on the data received, Arlington’s premium contributions for the GH Copay $10 Plan is marginally within the market. 90% employer contributions are at market for plans with dependents, McGrath Consulting Group, Inc. 19 but falls short for those plans that pay 100% for the employee. The Health First 250 Plan is also below market. Looking at participation between the two (2) plans, 38% of participants select the Health First 250 Plan. In 2017, the City is introducing a HDHP, with premiums paid 100% for employees and dependents. With the introduction of this option, the City will be at market for this plan. The Consultant’s knowledge of health insuranc e plan design around the nation identifies the City’s plan designs as one that is often abandoned by employers, given premiums typically associated with an enriched policy are not financially sustainable long term. Most comparable organizations have added higher deductibles and coinsurance limits, which push costs back onto the healthcare consumers. This also forces better and more active consumerism by th ose who utilize the health plan, so Arlington’s move to provide a HDHP is a good move. However, the City will be retaining low copay plans. The overall monthly premiums for these types of plans are typically higher than high deductible health plans (HDHP). This is because there is a low out of pocket risk to the employee – requiring the Plan to pick up the majority of expenses. It is common for municipalities to have lower employer contribution amounts for plans that have lower out of pocket expenses for employees to help shift costs back to employees. Employees are often financially better off to enroll in a HDHP to save on monthly premium costs, which then shifts their financial responsibilities from that of a guaranteed monthly premium deduction, to an actual expense should they need to use the health plan while being good consumer of health care. Implementing HDHP’s can often times be unnerving for employees because they have to be better consumers of their health care, and manage the expenses as they occur, but the City is also offering a Health Savings Accounts to provide a financial cushion to the employee as they make this transition. In the immediate future, it is recommended to the City that an intense education program be developed so employees understand the direct link between utilization of the Plan and the correlation to annual premiums. Often times, because a $10 or $20 copay is inexpensive, consumers do not think twice about visiting medical providers unnecessarily. McGrath Consulting Group, Inc. 20 It is also recommended the City eliminate the low out of pocket plans as soon as possible. Any premium savings realized by the City can then be re -allocated to ensure wages and employer contributions are aligned with the market. The City should strive for premium contributions between 90-95% for all plans. The Consultant does not recommend the City consider a 100 % contribution, even though the majority of comparables are at that level. It is not a sustainable level of benefit long term, and the City should use its financial resources to also ensure wages are competitive with the market, as well as to provide for an overall competitive package. Uniformed Employees The City participates in the LEOFF Trust for uniformed employees. The City currently offers one (1) plan for the police, and (1) plan for firefighters. The City pays all but 1% of the top officer/firefighter step for the employees share. This is charged to employees in a flat rate, not a percentage, regardless of the plan. This is problematic because the flat rate on a single plan is a significantly higher percentage contribution that on plans with dependents. Premium contributions should include charging more for dependents, since more individuals use the plan. In this case, on a percentage basis, employees with dependents will pay less than singe plans. For the purposes of the benefit analysis for uniformed personnel, the Consultant compared the base contribution of these Plans against comparable municipalities. Based on the data received, Arlington’s premium contributions for uniformed personnel is marginally within the market. Arlington’s contributions are at market for plans with dependents, but falls short for those plans that pay 100% for the employee. All Plans With the Affordable Care Act as a major employer concern across the nation, health i nsurance is a fluid benefit that will need constant review to ensure the plan design and contribution levels remain in compliance with the federal standards in order to avoid costly penalties, so the City should remain cognizant of compliance. The City will also need to evaluate the total cost of their plan against the Cadillac Tax maximums to ensure the City is not on pace to incur this 40% excise tax penalty in 2020. McGrath Consulting Group, Inc. 21 Finally, because the City defines full time status for the purpose of health insuran ce as 40 hours per week, the federal government threshold is only 30 hours per week. It is recommended the City review this with their insurance provider, in the event the insurance company requires coverage for employees who are meeting the federal hour’s requirement, even though the City has not offered coverage. Wellness Program Although the City participates in the health promotions program offered by the insurance consortium, and results in an overall 2% premium discount on premiums, this discount is not viewed as a benefit because the savings is applied to the overall Plan. This program provides for such items as wellness challenges, webinars, education, assessments, and planning tools. While these are great resources for employees, there is not a personal incentive for individual employee/dependent participation. The City should offer additional wellness services for employees which will provide individual rewards for participation. A Wellness Program is an effective method to promote health and wellness amongst employees and spouse/dependents. Programs can be developed to encourage awareness of health related issues, improve productivity and morale, decrease absenteeism and injury, and often times reduce cost of healthcare. However, employees often will only participate for a reward or outcome that has an impact to them. Since the City already receives a premium discount for their participation in such a program, incentives can be further rolled down to employees to better increase particip ation. There are various programs already developed that could be implemented, or Third Party Administrators (TPA) can develop a plan specific to the needs of the City. The Equal Employment Opportunity Commission (EEOC) recently released new regulati ons on how employers can define the wellness programs as voluntary and remain in compliance with all federal standards. For that reason, utilizing a TPA to assist with this process, is highly recommended. One important aspect of an employee wellness program is that the program is voluntary, as intended to be viewed by employees as an enhancement benefit. Paid Time Policies The City currently has traditional sick and vacation programs, as well as holiday, bereavement, jury, and shared leave, in which there are various rules for the use of each type of leave category. Having McGrath Consulting Group, Inc. 22 that many variations may be confusing and frustrating for employees and managers, and it is very likely a significant administrative burden to the administrative staff who setup and monitor the use of these forms of leave. In a union environment however, because this type of benefit is negotiated, the City may always have some variations in these benefits. It is understood that any changes to paid time policies are subject to bargaining, and quid quo pro likely applies to any changes. The recommendations of the Consultant are not intended to disrupt the overall negotiating strategy for the City, but is intended simply to provide a comparison of the City against other municipalities. There may be many other negotiated factors which ultimately led to the paid time benefit levels the City has today. This report does not consider those factors. Vacation There are two (2) vacation schedules for non-uniformed personnel. AFSCME has seven (7) levels, and reaches maximum accrual levels in 15 years, whereas the non-represented employees have five (5) levels and reach maximum accrual levels in 20 years. The maximum accrual level for both schedules is 240 hours, and the payout provisions are up to 240 hours combined between vacation and sick time. The City policy indicates employees may begin using vacation only after six (6) months employment. Use of vacation should start immediately upon hire, and not be subject to the current six (6) month waiting period. This is a small but impactful change identifying the City as a more flexible employer. Based on the data received by comparables, the vacation schedules for non -uniformed employees are within market. Arlington provides for the highest maximum accrual rate of all those surveyed. However, it should be noted when comparing the non-represented schedule, it starts with a higher accrual amount annually, then has a minimal increase in the accrual during the first 10 years, and then falls behind the union schedule by year 15 . Non-represented positions should receive benefits similar to those benefits that are bargained in order to maintain internal equity as much as possible. Therefore, the schedule should be restructured to provide for a steady increase in accruing vacation, without falling behind the pace the benefit is being accrued by union e mployees. In addition, it is not uncommon for Department Heads to receive additional vacation at a higher amount than all other positions. This is often the single difference in benefit offered these high level McGrath Consulting Group, Inc. 23 positions. As a result, each department head should be provided an additional 24.0 hours of accrued vacation annually. Table 3: Proposed Vacation Schedule for Non-represented and Department Heads Sick Leave At Arlington, an employee earns one (1) day of sick time per month with some exception due to scheduling within uniformed personnel, in which accrual is at 12 hours per month. This is comparable to other municipality accrual rates, with a few exceptions, again for scheduling considerations in the police/fire area. Non-represented employees can earn up to 1,000 sick hours whereas Collective Bargaining Agreements allow between 1,000 to 1,440 hours on the books, depending on the agreement. In this case, non-represented employees have again slipped behind in benefits currently being provided union employees. Comparable organizations reported maximum hours between 960 - 1,440 hours on the books, while other municipalities report no limit to accrual but cap the payout process. So although Arlington is comparable to other organizations regarding the size of its sick bank, the non-represented employees fall short internally. The non -represented sick balance should be increased at least to 1,200 hours, so all non -uniformed employees are internally equitable. The current provision for payout of this accrued leave is up to 240 hours between available sick and vacation time. This could lead to patterns of sick time abuse, but City data demonstrated current employees utilize little of their sick leave, so this is not currently a trend, but only a future possibility. If employees do not see a financial benefit for not using the sick leave benefit, employees will simply use the benefit, even if not needed, creating hi gher absenteeism and sick time abuse in the workplace. The City should consider increasing the amount of time eligible to be paid out, based on number of YEARS OF SERVICE NON-REP VACATION HOURS DEPT HEAD VACATION HOURS < 5 years 160 hours 184 hours 5 – <8 years 176 hours 200 hours 8 - <10 years 200 hours 224 hours 10 -<15 years 224 hours 248 hours 15+ years 240 hours 264 hours McGrath Consulting Group, Inc. 24 years of service, and reason for termination. Comparables reported paying between 20-100% of sick time balances, and associated those percentages with years of service and reason for termination. There is not a consistent pattern of this with the comps other than this payout is separate and in addition to their vacation payout. This is the single large st difference between Arlington and other municipalities, which is why combining sick and vacation in employee payouts puts the City out of alignment with the market. Alternative methods of payout will be discussed in Payout Provisions section. The City’s policy provides for employees on Workers Compensation to be paid the difference between worker’s compensation payments and the employees regular salary with the use of the shared sick leave bank, or access his/her own sick leave bank (if that option is t aken, the employee turns over the Worker’s Compensation check to the City). The City should consider discontinuing any practice that grants 100% compensation through a combination of the worker’s compensation check and sick leave usage because worker’s compensation payments are 2/3 of an employee’s regular pay, as a non -taxed benefit, so the worker’s comp payment should be similar to an employee’s net pay. Additional pay via sick leave actually causes an employee to bring in a higher income while on worker’s compensation. This does not financially encourage an employee to return to work as quickly as possible. Holidays The City’s Holiday schedule is comprised of ten (10) full day holidays, and two (2) personal days, for a total of 12 days (some police may receive three (3) personal days depending on schedule). Based on these findings, the City is in line with the market for holidays. The City could consider Christmas Eve as a holiday in lieu of a personal day, or add it as an additional holiday. T he City would then be at the top of comparables in this category. It is likely this day is at minimal staffing in most departments, as it is often highly sought after to be off for personal commitments. McGrath Consulting Group, Inc. 25 Payout Provisions Currently, the City’s payout provisions are consistent across CBA and Policy with up to 240 hours between vacation and sick time combined. Overall, the total hours eligible for payout is low. The City should separate the amount of eligible payout between vacation and sick. Vacati on should be paid out 100%, while sick time can be paid out in a percentage of hours based on years of service and reason for termination, based on the City’s financial resources. Retirement could have a higher percentage payout than resignation for example. Providing for a higher amount of payout at time of termination is incentive for the employee to save their time from frivolous use, especially sick time. In addition, any payouts are in the form of cash on the employee’s final check. This payment is then considered taxable to the employee, and the City pays related employment taxes on these amounts. The City could consider enhancing the payout at termination or retirement in a way that will assist employees with their future health care needs since the main reason employees choose not to retire is because they financially are not able to, or cannot afford to continue health care coverage. These payouts could be developed to create a medical trust for the employee in which deposits are tax free for both the employee and employer, is not considered income to the employee, and is to be used for medical expenses by the employee/qualified beneficiaries. The City could also, as an alternative, use a deferred compensation 457(b) program, in which the payouts could be placed into a qualified tax deferred retirement plan for the employee. The Consultant cautions this last option may be restrictive since the IRS provides for annual contribution limits on individual deferred compensation accounts, and large payouts may exceed annual IRS limits. Summary Benefit Recommendations Overall, the benefits are marginally within or have fallen below the market. The City has put additional resources into the benefit program in recent years when finances could not be allocated to wages, so the additional resource shifted to the benefits has helped to keep benefits from falling far below market. However, the City will need to make some adjustments to the benefit program both for internal equity and market competitiveness. The following is a summary of benefit recommendations: McGrath Consulting Group, Inc. 26 The City should continue its effort to implement a HDHP. Placing the 100% employer contribution on the plan will put the City within the Market. The City should work to eliminate all low copay/low deducible health plans. This will further encourage healthy behaviors and habits as well as consumerism with individual health care. The City should also develop an education program between utilization of health care and its correlation to premiums. The uniformed personnel should move away from a flat rate insurance contribution an onto a percentage. A low percentage is necessary to keep the plan competitive with the Market. The City is recommended to consider some type of Wellness Program, even a basic program to start, to encourage healthy behaviors and positive employee impacts. This can be arranged through a TPA. The City can enhance its vacation benefit by increasing the maximum vacation accruals for the non-represented employees to be more in alignment with the market and internal comparability. A separate schedule has been recommended for Department Head level positions. The City can enhance the sick leave policy by separating the vacation from sick time in the payout provision and provide for a new formula to pay out sick time. The City can increase the maximum accrual of sick hours for non-represented employees for internal comparability. The City should consider removing the use of sick time with workers comp payments to encou rage employees to return to work quicker. The City could provide Christmas Eve as a recognized holiday, in lieu of a personal day, or as an addition. A payout option for any type of sick and vacation payout has been recommended for tax savings for both the employee and employer, and allows for the development of future health care savings opportunities. December 2016 Page 27 Appendix A: Non-Represented Employee 2017 Recommended Schedule New PG Recommended Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 3.00% 3.00% 3.00% 3.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% A Seasonal Maintenance Laborers $12.50 $12.75 $13.00 $13.25 $13.50 B Airport Intern $20.52 $21.14 $21.77 $22.43 $23.10 $23.56 $24.03 $24.51 $25.00 $25.50 $26.01 $26.53 $42,690 $43,971 $45,290 $46,649 $48,048 $49,009 $49,989 $50,989 $52,009 $53,049 $54,110 $55,192 G Engineer Technician $27.21 $28.02 $28.86 $29.73 $30.62 $31.23 $31.86 $32.50 $33.15 $33.81 $34.48 $35.17 G Executive Analyst $56,590 $58,288 $60,036 $61,837 $63,692 $64,966 $66,266 $67,591 $68,943 $70,322 $71,728 $73,163 H Executive Admin Specialist II $29.38 $30.26 $31.17 $32.11 $33.07 $33.73 $34.41 $35.10 $35.80 $36.51 $37.24 $37.99 H Human Resource Analyst $61,117 $62,951 $64,839 $66,784 $68,788 $70,164 $71,567 $72,998 $74,458 $75,947 $77,466 $79,016 I City Clerk/Communications Mgr $31.73 $32.69 $33.67 $34.68 $35.72 $36.43 $37.16 $37.90 $38.66 $39.43 $40.22 $41.03 I Community Relations Liaison $66,006 $67,987 $70,026 $72,127 $74,291 $75,777 $77,292 $78,838 $80,415 $82,023 $83,664 $85,337 I Finance Accountant I PW Accountant J Engineer I $34.27 $35.30 $36.36 $37.45 $38.57 $39.35 $40.13 $40.94 $41.75 $42.59 $43.44 $44.31 J GIS Supervisor $71,287 $73,426 $75,628 $77,897 $80,234 $81,839 $83,476 $85,145 $86,848 $88,585 $90,357 $92,164 J M&O Supervisor KA Airport Operations Supervisor* $37.01 $38.12 $39.27 $40.45 $41.66 $42.49 $43.34 $44.21 $45.09 $46.00 $46.92 $47.85 K Police Services Manager $76,990 $79,300 $81,679 $84,129 $86,653 $88,386 $90,154 $91,957 $93,796 $95,672 $97,585 $99,537 K Water Utility Supervisor K WW Utility Supervisor L Assistant Finance Director $39.98 $41.17 $42.41 $43.68 $44.99 $45.89 $46.81 $47.75 $48.70 $49.68 $50.67 $51.68 L Building Official $83,149 $85,644 $88,213 $90,859 $93,585 $95,457 $97,366 $99,313 $101,30 0 $103,32 6 $105,39 2 $107,50 0 L Engineer II (Sr) L M&O Manager December 2016 Page 28 New PG Recommended Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 L Stormwater/Natural Resources Manager M No Position $43.17 $44.47 $45.80 $47.18 $48.59 $49.56 $50.56 $51.57 $52.60 $53.65 $54.72 $55.82 $89,801 $92,495 $95,270 $98,128 $101,07 2 $103,09 3 $105,15 5 $107,25 8 $109,40 4 $111,59 2 $113,82 3 $116,10 0 N City Engineer $45.76 $47.14 $48.55 $50.01 $51.51 $52.54 $53.59 $54.66 $55.75 $56.87 $58.01 $59.17 N IT Manager $95,189 $98,045 $100,98 6 $104,01 6 $107,13 6 $109,27 9 $111,46 5 $113,69 4 $115,96 8 $118,28 7 $120,65 3 $123,06 6 N Permit Center Manager O Deputy Fire Chief $52.88 $54.47 $56.10 $57.78 $59.52 $60.71 $61.92 $63.16 $64.42 $65.71 $67.03 $68.37 O Deputy Police Chief $109,99 1 $113,29 1 $116,69 0 $120,19 0 $123,79 6 $126,27 2 $128,79 7 $131,37 3 $134,00 1 $136,68 1 $139,41 4 $142,20 3 P Airport Director $55.52 $57.19 $58.91 $60.67 $62.49 $63.74 $65.02 $66.32 $67.64 $69.00 P Administrative Services Director $115,49 1 $118,95 5 $122,52 4 $126,20 0 $129,98 6 $132,58 5 $135,23 7 $137,94 2 $140,70 1 $143,51 5 Q CED Director $58.30 $60.05 $61.85 $63.71 $65.62 $66.93 $68.27 $69.63 $71.03 $72.45 Q Public Works Director $121,26 5 $124,90 3 $128,65 0 $132,51 0 $136,48 5 $139,21 5 $141,99 9 $144,83 9 $147,73 6 $150,69 1 Q Finance Director R Fire Chief $60.95 $62.78 $64.67 $66.61 $68.60 $69.98 $71.37 $72.80 $74.26 $75.74 R Police Chief $126,78 3 $130,58 6 $134,50 4 $138,53 9 $142,69 5 $145,54 9 $148,46 0 $151,42 9 $154,45 8 $157,54 7 AA City Administrator $67.41 $77.52 $85.27 $140,21 3 $161,24 5 $177,37 0 City of Arlington Council Agenda Bill Item NB #2 Attachment E COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Collective Bargaining Agreement between the City of Arlington and the IAFF Local No. 3728 representing uniformed firefighters for 2017-2018 ATTACHMENTS: Final Draft of the Collective Bargaining Agreement as ratified by IAFF Local No. 3728 DEPARTMENT OF ORIGIN Administration; Contact Heather Logan 360-403-3447 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to approve the Collective Bargaining Agreement between the City of Arlington and the IAFF Local No. 3728 for 2017-2018 and authorize the Mayor to sign it. IAFF Local No. 3728 ratified the agreement on November 30, 2016. HISTORY: The prior collective bargaining agreement and Memorandum of Understanding covered the period from January 1, 2014 -December 31, 2016. The two parties have been negotiating on a successor agreement since August 2016. ALTERNATIVES RECOMMENDED MOTION: I move to approve the Collective Bargaining Agreement between the City of Arlington and the IAFF Local No. 3728 for 2017-2018 and authorize the mayor to sign it. Ratified Collective Bargaining Agreement 2011 – 2013 2017 – 2019 IAFF Local No. 3728 AGREEMENT by and between THE CITY OF ARLINGTON and ARLINGTON FIREFIGHTERS ORGANIZATION LOCAL NO. 3728 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS January 1, 2014 2017 through December 31, 20162018 Ratified Collective Bargaining Agreement 2014 – 2016 IAFF Local No. 3728 i TABLE OF CONTENTS ARTICLE 1 PREAMBLE ........................................................................................... 1 ARTICLE 2 RECOGNITION AND UNION MEMBERSHIP .................................. 1 ARTICLE 3 DURATION ........................................................................................... 2 ARTICLE 4 MANAGEMENT RIGHTS .................................................................... 2 ARTICLE 5 NON-DISCRIMINATION ..................................................................... 3 ARTICLE 6 NO STRIKES OR LOCKOUTS ............................................................ 3 ARTICLE 7 SEPARABILITY AND SAVINGS ........................................................ 4 ARTICLE 8 MERGERS, ACQUISITIONS, ALLIANCES OR CONSOLIDATIONS ............................................................................. 4 ARTICLE 9 UNION BUSINESS AND BULLETIN BOARD .................................. 4 ARTICLE 10 PERFORMANCE EVALUATION ....................................................... 5 ARTICLE 11 AVL TECHNOLOGY ........................................................................... 5 ARTICLE 12 DISCIPLINE .......................................................................................... 6 ARTICLE 1213 GRIEVANCE PROCEDURE ................................................................ 7 ARTICLE 1314 HOURS OF WORK ............................................................................... 9 ARTICLE 1415 HEALTH AND WELFARE INSURANCE BENEFITS ................. 1111 ARTICLE 1516 ACTING PAY ...................................................................................... 12 ARTICLE 1617 INCENTIVE PAY ................................................................................ 13 ARTICLE 1718 LONGEVITY PAY .......................................................................... 1414 ARTICLE 1819 CALLBACK PAY / OVERTIME ........................................................ 14 ARTICLE 1920 SHIFT VACANCIES ........................................................................... 15 ARTICLE 20 HOLIDAYS ........................................... 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ARTICLE 21 HOLIDAYS .......................................................................................... 15 ARTICLE 22 VACATION LEAVE ....................................................................... 1616 ARTICLE 2223 SICK LEAVE ....................................................................................... 18 ARTICLE 2324 SHARED LEAVE ................................................................................ 18 ARTICLE 2425 MILITARY LEAVE ............................................................................ 19 ARTICLE 2526 FAMILY & MEDICAL LEAVE ......................................................... 19 ARTICLE 2627 JURY DUTY ........................................................................................ 19 ARTICLE 2728 BEREAVEMENT LEAVE .............................................................. 1919 ARTICLE 2829 PERSONAL LEAVES OF ABSENCE ................................................ 19 ARTICLE 2930 PROBATION & EVALUATION PERIODS ...................................... 20 Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 ii ARTICLE 30 SENIORITY .......................................... 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ARTICLE 31 SENIORITY ......................................................................................... 20 ARTICLE 32 LEGAL PROTECTION ................................................................... 2020 ARTICLE 3233 PREVAILING RIGHTS ....................................................................... 20 ARTICLE 3334 LIGHT DUTY ...................................................................................... 21 ARTICLE 3435 SHIFT BIDS ..................................................................................... 2121 ARTICLE 3536 PERSONNEL REDUCTION ............................................................... 22 ARTICLE 3637 PHYSICAL FITNESS .......................................................................... 24 ARTICLE 3738 SHIFT EXCHANGES ...................................................................... 2424 ARTICLE 3839 PROMOTIONS .................................................................................... 25 ARTICLE 3940 PARAMEDIC VESTING ................................................................ 2525 ARTICLE 4041 MEDICAL CERTIFICATION AND TRAINING ........................... 2626 ARTICLE 4142 UNIFORMS AND CLOTHING .......................................................... 27 ARTICLE 4243 TRAINING CAPTAIN ........................................................................ 27 ARTICLE 4344 DEFERRED COMPENSATION PROGRAM ................................ 2828 ARTICLE 4445 LATERAL TRANSFER EMPLOYEES .............................................. 29 ARTICLE 46 WASHINGTON STATE MOBILIZATION ....................................... 29 Ratified Collective Bargaining Agreement 2014 – 2016 IAFF Local No. 3728 1 ARTICLE 1 PREAMBLE 1.1 This Agreement is entered into effective January 1, 20142017, between the City of Arlington and Local No. 3728, International Association of Firefighters. The parties recognize that the Mayor is the Chief Executive Officer and the Fire Chief, or designee, is the official of the day-to-day operations of the Fire Department. Accordingly, the term “Employer” and “City” shall be used herein and shall apply interchangeably to those officials or their authorized designees. Local No. 3728, IAFF, shall herein be referred to as the “Union” or “Bargaining Unit Members.” 1.2 The Employer and the Union recognize the need to provide efficient service to the public and to enhance the quality of service. Further, both parties agree to the need for establishing and maintaining a sound labor-management relationship and mutually agree to continue working toward this goal. Each party has been afforded the opportunity to put forth all its proposals and to bargain in good faith and both parties agree that this Agreement expresses the results of their negotiations. Therefore, to ensure the stability of this Agreement, no new provisions shall be proposed during the term of the Agreement, unless provided for elsewhere in this Agreement or such specific proposal is entertained by mutual agreement of the parties in writing. ARTICLE 2 RECOGNITION AND UNION MEMBERSHIP 2.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for all regular full-time uniformed Fire And Emergency Medical Service employees of the City of Arlington Fire Department, excluding the Chief, deputy and division chiefs, confidential employees, part-time employees, per diem personnel and non- uniformed employees, consistent with Public Employment Relations Commission Decision 5814, Case 12858-E-96-2152, dated January 30, 1997. 2.2 All employees covered by this Agreement shall, as a condition of continued employment, within thirty-one (31) days of employment become and remain members of the Union in good standing. Any employee who fails to comply shall be terminated. 2.3 If, due to religious conviction, an employee does not wish to be a member of the Union, the employee may pay an amount equal to the monthly Union dues and assessments to the Union who shall then transmit that amount to a non-religious charity in the Arlington area agreeable to the employee affected and the Union. The employee’s desired charity shall be stated in writing, signed by the employee, and submitted to the Union president. An employee who does not wish to be a member of the Union for any other reason may pay each month a service charge equal to regular union dues and assessments to the Union. 2.4 Payroll Deduction – The Employer shall deduct from the pay of each employee covered by this Agreement, upon their written authorization, the dues and fees of the Union, and shall remit to said Union all such deductions monthly. The Union Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 2 shall indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues and fees for the Union. Changes in the amount of said deduction shall be made twice annually, January 1 and July 1. Exceptions shall be for new employees, as needed. The Union shall refund to the Employer any amounts paid to it in error on account of this check-off provision upon presentation of proper evidence thereof. ARTICLE 3 DURATION This Agreement shall become effective January 1, 2014 2017, and shall remain in full force through December 31, 20162018. A notice shall specify the Articles subject to negotiation. Either party may reopen the Agreement on or after July 1, 2014, to bargain over changes to wages and/or the insurance program (including changes to the plans offered, payment of the premiums, and payment of any contributions to integrated HRA accounts). ARTICLE 4 MANAGEMENT RIGHTS 4.1 All the functions, rights, powers, and authority that are not specifically abridged, delegated, or modified by this Agreement are recognized by the Union as being retained by the Employer. These rights include, but are not limited to the following: 4.1.1 To maintain efficiency and to make, alter, and enforce reasonable rules and regulations to be observed by employees, provided such rules and regulations are not contrary to the terms and conditions set forth in this Agreement. 4.1.2 To direct, hire, promote, demote, transfer, and for just cause suspend, discipline or dismiss employees. 4.1.3 To evaluate jobs, classify positions, establish qualifying requirements of employees and specify employee duties. 4.1.4 To manage and operate the service in all respects and without restricting the generality of the foregoing, to determine the number and location of establishments, the services to be rendered, the methods, the work procedures, the kinds and locations of instruments and equipment to be used; to select, control, and direct the use of all materials required in the operation of services to be provided and performed; to schedule work; to make, alter, and enforce regulations governing the use of materials, equipment, and services as may be deemed necessary by the Employer, provided that such regulations are not contrary to the terms and conditions set forth in this Agreement. 4.2 Any conflict between the provisions of this Agreement and the City of Arlington Civil Service Rules and Regulations shall be resolved as follows: Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 3 (a) to the extent the Agreement does not address a matter (i.e., discipline, seniority, layoffs, etc.), and Civil Service does, then Civil Service shall prevail; and (b) to the extent the Agreement addresses a matter (i.e., discipline, seniority, layoffs, etc.) and Civil Service also does so, the Agreement shall prevail. 4.3 The Employer and the Union agree that the statement of management rights contained in this Article 4, shall be for illustrative purposes only and is not to be construed or interpreted so as to exclude those prerogatives not mentioned which are inherent to management including those prerogatives not granted by law. It is the intention of the Employer and the Union that the rights, powers, authority and functions of management shall remain exclusively vested in the Employer, except insofar as expressly and specifically surrendered or limited by the express provisions of the Agreement. The exercise of these rights shall not be subject to the grievance procedure of this Amendment. ARTICLE 5 NON-DISCRIMINATION 5.1 No employee shall be discriminated against for upholding Union principles or serving on a Union Committee. The Employer and the Union shall not unlawfully discriminate against any individual with respect to his/her hiring, compensation, terms or conditions of employment because of such individual’s race, color, religion, sex, national origin, Vietnam-era veteran status, marital status, or the presence of any physical, mental or sensory handicap, or age, unless such is a bona fide occupational qualification, nor shall they limit, segregate, or classify employees in any way to deprive any individual employee of his/her employment opportunities, except as such may be a bona fide occupational qualification. 5.2 Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE 6 NO STRIKES OR LOCKOUTS 6.1 The Employer and the Union recognize that the public interest requires the efficient and uninterrupted performance of all Employer’s services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. 6.2 During the term of this Agreement, the Union shall not cause or condone any work stoppage, strike, slowdown or other interference with Employer functions by employees under this Agreement, and should same occur, the Union shall take all steps to end such interference immediately. Employees who engage in any of the afore-referenced actions may be subject to disciplinary action up to and including discharge. The Employer shall not lock out any employee during the life of this Agreement. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 4 6.3 Any claim by the Employer that the Union has violated this Article shall not be subject to the grievance procedure of this Agreement and the Employer shall have the right to submit such claims to the courts. ARTICLE 7 SEPARABILITY AND SAVINGS Should any provision(s) of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any provision(s) should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement as it relates to persons or circumstances other than those to which it has been held invalid shall not be affected thereby. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with has been restrained, as hereinafter set forth, the Employer and the Union shall enter into immediate collective bargaining negotiations upon the written request of either party for the purpose of arriving at a mutually satisfactory replacement for such provisions during the period of invalidity or restraint. Said negotiations shall be confined to the provision(s) held to be invalid unless mutually agreed to by the City and the Union. ARTICLE 8 MERGERS, ACQUISITIONS, ALLIANCES OR CONSOLIDATIONS In the event the City elects to combine, consolidate, acquire or relinquish any Fire or EMS services during the term of this Agreement, the City shall negotiate the affects effects of such action(s) with the Union pertaining to the wages, hours, and working conditions of the present members of the bargaining unit. ARTICLE 9 UNION BUSINESS AND BULLETIN BOARD 9.1 One Union official, who is an employee in the bargaining unit, may be granted time off while conducting business vital to the employees of the bargaining unit provided: a. The Union or the employee notifies the Employer in writing a minimum of forty-eight (48) hours prior to the start of the requested time-off period. b. The Employer is able to properly staff the employee’s job duties during the time-off period. c. The wage cost to the Employer is no greater than the cost that would have been incurred, had the Union official not taken the time off. 9.2 Union officials shall not transact Union business while working on shift, which in any way interferes with the operation or normal routine of the Fire Department. 9.3 The Union shall be allowed to hold its regular monthly meetings at either Fire Station. On-duty personnel may attend the meetings and shall remain in service and be alarm ready. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 5 9.4 The Employer shall provide suitable space for a Union furnished bulletin board at each station location in an area frequented by all employees within the bargaining unit. The Union shall limit its posting of notices and bulletins to such bulletin boards. ARTICLE 10 PERFORMANCE EVALUATION 10.1 The purpose of evaluation is to help an employee be successful in performance and to understand the standards and goals of their position and their department. The evaluation will assess and focus on the employee’s accomplishment of their job functions and the goals and standards of the position. Where the employee does not meet the above, a plan for correction, training or support should be developed with the employee. 10.2 Evaluation may occur in two forms: 10.2.1 All regular employees should be formally evaluated in writing by their immediate supervisor and/or chief officer or designee during the probationary and evaluation periods and at least annually (at date of hire or a common date) thereafter. 10.2.2 Additionally, evaluation of job performance may occur at any time and on an ongoing basis. Evaluation may occur in various ways and may include coaching, counseling or written assessment. The evaluation process shall also include a review of the current job description. 10.3 Evaluation shall not, by itself, constitute disciplinary action. Disciplinary action must be specifically identified as such, in writing, consistent with Article 11. 10.4 Employees will be given a copy of their performance evaluation. Employees will be required to sign the evaluation, acknowledging its receipt. Employees may elect to provide a written response to the evaluation, which will be retained with the evaluation in the employee’s personnel file. ARTICLE 11 AVL TECHNOLOGY The communications center serving the City is using Auto Vehicle Locator (“AVL”) technology throughout its communication system, including areas served by the City, to improve safety and operational efficiency. The City will not use AVL technology for routine monitoring or surveillance of employees. The technology and/or data may be used to investigate incidents or accidents, or to evaluate/investigate performance or discipline issues raised by a complaint, observation or discovered during operational use of the AVL technology. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 6 ARTICLE 12 DISCIPLINE 12.1 Employees may be disciplined or discharged in good faith and for just cause. Discipline should be applied at progressive levels to allow the employee proper notice of misconduct and an opportunity to improve performance. The level or degree of discipline imposed shall be appropriately based on the employee’s severity of offense, the employee’s prior record of discipline and other relevant factors. 12.2 Investigations. Absent mutual agreement between the Union and the Employer, which will not be unreasonably withheld, investigations will be concluded within forty-five (45) calendar days of the Employer’s knowledge of the incident cited as the basis for the investigation; provided that this timeline shall be sixty (60) calendar days in those circumstances when the Employer uses an outside investigator, when the investigation involves employees of other agencies, or when there are accusations of criminal misconduct. 12.2.1 Duty to Cooperate. Employees have an obligation to cooperate with any investigation conducted by the Employer. 12.2.2 Union Representation. Employees are entitled, at their request, to have Union representation during any investigatory interview conducted by the Employer that the employee reasonably believes may result in discipline of the employee. An employee may also have a Union representative at a pre- disciplinary hearing. During any such investigatory interview or pre- disciplinary hearing, a participating Union representative will be given the opportunity to ask questions, offer additional information and counsel the employee, but may not obstruct the Employer’s investigation. 12.2.3 Administrative Leave. The Employer may, at its discretion, place employees on paid administrative leave during disciplinary investigations. Employees on paid administrative leave must remain reachable by phone and available to return within reasonable commute time to the City during on-duty hours, if required. Paid administrative leave is not discipline and is not subject the grievance procedure. 12.3 Pre-Disciplinary Process. If the Employer intends to impose discipline that involves a suspension, demotion or discharge, it shall first provide notice and an opportunity for the employee to respond as follows: 12.3.1 Notice of Intent to Discipline. The Employer shall inform the employee of the proposed discipline in writing within seven (7) calendar days after the conclusion of the investigation as outlined in Section 11.2. The written notice shall describe the event or conduct to permit the employee to understand the reason for the proposed discipline. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 7 12.3.2 Pre-Disciplinary Hearing. The Employer will schedule a Pre-Disciplinary Hearing to permit the employee to respond to a notice of intent to discipline. The pre-disciplinary hearing shall be scheduled within fourteen (14) calendar days of the employee receiving the notice of intent to discipline as outlined in 11.3.1. At the beginning of any Pre-Disciplinary Hearing, the Employer will describe its proposed discipline and the reasons for issuing the proposed discipline. 12.4 Disciplinary Decision. No later than fourteen (14) calendar days after the conclusion of the Employer’s investigation or the Pre-Disciplinary Hearing, whichever occurs later, the Employer shall inform the employee of its disciplinary decision in writing. 12.5 Disciplinary action or measure shall include only the following: (a) verbal counseling, (b) written reprimand, (c) up to fourteen (14) calendar day suspension without pay (maximum five (5) shifts for twenty-four (24) hour shift employees), (d) demotion of pay class in accordance with Section 11.5.1 and 11.5.2 below, and (e) discharge. All types of disciplinary action shall be documented (including verbal reprimands). 12.5.1 Demotions of officers (Captains, Lieutenants) shall be based on the provisions of Section 11.1 of this Agreement, and be permanent, except that any officer demoted shall be eligible for any future promotions. 12.5.2 Demotions of non-officers shall be temporary and last no longer than six (6) months, provided employee is meeting all performance standards as outlined in performance evaluations and established expectations, as evaluated by the Fire Chief or designee. Demotions will be for one class in pay. ARTICLE 13 GRIEVANCE PROCEDURE 13.1 Definition – A grievance is any dispute between the Employer and an employee or the Union that may arise because of interpretation, application, or alleged violation of any specific terms or provisions of this Agreement. Whenever possible, grievances should be settled on an informal basis with an employee’s immediate supervisor. 13.2 Grievances may be processed through either the Grievance Procedure or City of Arlington Civil Service Rules and Regulations. The choice of the administrative process shall preclude the utilization of the other. 13.3 Step 1 – If the grievance cannot be settled informally, the grievant shall present his/her grievance to the Union President, who may appoint a committee to inquire into the facts and/or circumstances of the complaint. If the complaint is found to be valid, the President and/or grievance committee shall, within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the act giving rise to the Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 8 complaint, or when the grievant should have reasonably known of the act giving rise to the complaint, submit the grievance in writing to the Fire Chief or designee. The written grievance shall include the following information: a. The Article(s) of the Agreement allegedly violated b. The facts of the matter c. The remedy sought The Fire Chief or his/her designee shall issue a written response including his/her decision and reasons therefore within ten (10) working days (non-weekend, non- holiday, non-furlough) of receipt of the complaint. If settlement is not reached, the grievant may submit an appeal of the grievance to the City Administrator or designee for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non- holiday, non-furlough) of the Fire Chief or designee’s decision. 13.4 Step 2 – The City Administrator or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non- furlough) of his/her receipt of the grievance. If settlement is not reached, the grievant may submit the matter to the Mayor for further consideration. Such appeal, including all paperwork pertinent to the case, shall be submitted within ten (10) working days (non-weekend, non-holiday, non-furlough) of the City Administrator or designee’s decision. 13.5 Step 3 – The Mayor or designee shall investigate the matter and issue a written response within ten (10) working days (non-weekend, non-holiday, non-furlough) of receipt of the grievance. 13.6 If settlement is not reached in Step 3, the Union may submit the matter to mediation by providing notice to Employer of the desire for mediation in the notice of appeal provided for in Step 2 or may submit the matter directly to arbitration according to Section 12.7 below. Within fifteen (15) working days (non-weekend, non-holiday, non-furlough) of the Union’s notification to Employer of the Union’s desire to mediate, the two (2) parties shall agree upon a mediator drawn from a panel of neutral mediators trained in grievance mediation. Such mediator may be from PERC or other public or private mediation service. The mediator will attempt to assure that all necessary facts and considerations are disclosed, but will not have authority to compel resolution of the grievance. The parties will not be limited solely to the facts and arguments presented at the earlier steps of the grievance procedure. No transcript or record of the mediation conference will be made, nor will formal rules of evidence be followed. 13.7 Arbitration – The Union may notify the Employer within ten (10) working days (non-weekend, non-holiday, non-furlough) of the Mayor or designee’s decision, or, if mediation is used, the end of mediation, in writing of the decision to submit the matter to arbitration and the parties shall submit a joint request to the FMCS or Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 9 other mutually agreed to arbitration organization for a list of seven (7) arbitrators from which the parties shall select a neutral using the traditional striking method. The initial strike shall be determined by coin toss between the two parties. Nothing herein shall prevent the parties from mutually agreeing to another method of arbitrator selection. 13.7.1 The arbitrator thus chosen shall hear both sides of the issue in closed hearing and shall issue a decision which shall be final and binding to both parties within thirty (30) calendar days. 13.7.2 The arbitrator shall be limited to determining whether there has been a violation, misinterpretation, or improper application of the terms and conditions of this Agreement and the appropriate remedy. 13.7.3 Expenses and compensation for arbiter services and the proceedings shall be shared equally by both parties; provided, however, that each party shall be completely responsible for all costs of preparing and presenting its own case, including attorneys’ fees. If either party desires a record of the proceedings, it shall solely bear the costs of obtaining such records. 13.8 It is the intent of the parties that all time limits shall be complied with; provided, however, time limits may be extended by mutual written consent of both parties. 13.9 If no response is received from the Employer by the end of the time limit for its consideration of the grievance, the grievant, or where applicable under Sections 12.6 and 12.7 above, the Union, may advance the grievance to the next Step. 13.10 If the grievant does not meet the time limits prescribed for its action, the grievance shall be considered withdrawn. ARTICLE 14 HOURS OF WORK 14.1 The City and the Union recognize that as the Fire Department grows, the need for a variety of shifts and staffing patterns will need to change to best serve the public within budget limitations. 14.2 Unless otherwise agreed to by the parties, personnel assigned to non-shift duty will work either an eight (8) hour work shift consisting of five (5) consecutive workdays, followed by two (2) consecutive days off or a ten (10) hour shift consisting of four (4) consecutive workdays followed by three (3) days off. The standard schedule for each eight (8) hour shift shall begin on Monday mornings at a time specified by the Fire Chief or designee and last eight (8) consecutive hours unless otherwise mutually agreed upon by the parties. Each ten (10) hour shift shall normally begin at 0700 and end at 1700 hours unless otherwise mutually agreed upon by the Union and the City consistent with the provisions of the Fair Labor Standards Act. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 10 14.3 Currently, D Shift is working 0600 to 1800 on Sunday, Monday, Tuesday and every other Saturday. E Shift is working Wednesday, Thursday, Friday and every other Saturday. This schedule shall remain in effect unless another schedule can be mutually agreed upon by both parties. Any such new schedule must be consistent with the requirements of the Fair Labor Standards Act. 14.4 The standard twenty-four (24) hour shift shall consist of the following twenty-four (24) day cycle: 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY 48 HOURS = ON DUTY 96 HOURS = OFF DUTY Thus completing the twenty-four (24) day cycle. This shift shall begin at 0700 hours. 14.5 Each twenty-four (24) hour employee on the twenty-four (24) day cycle shall be entitled to a total of fifteen (15) “Kelly” shifts. Employees shall be allowed to choose their “Kelly” shifts following the process and requirements contained in Article 20. 14.6 Each twenty-four (24) hour employee on the twenty-four (24) day cycle as of the day this Agreement is fully executed will be entitled to one (1) additional Kelly shift to be used prior to May 1, 2015. The scheduling of the Kelly shift provided by this subsection cannot result in pre-planned overtime. 14.7 Other shift arrangements and schedules may be established by the Fire Chief or designee, with input from the Union. 14.8 Changes in an individual work schedule shall begin at the start of the next Kelly cycle following notification to the affected employee and the Union. Schedules may be changed on shorter notice in the event of emergency conditions or if the affected employee agrees to the schedule change on a shorter timeline. Such schedule changes will be made for demonstrated need and offered to members that qualify for the position by seniority. 14.9 Management has the right to establish shift arrangements. The scheduling of days to work and days off shall go with the job and not the employee. 14.10 The Employer recognizes the need to maintain coverage on each twenty-four (24) hour work shift as necessary in order to accommodate the vacation schedule and other operational requirements as determined by the Fire Chief or designee. In the Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 11 event the City would like to utilize the floating shift in the future, the City and the Union agree to negotiate the impact of any such move prior to its implementation. ARTICLE 15 HEALTH AND WELFARE INSURANCE BENEFITS 15.1 General – Eligibility and continued employee and dependent participation in any group insurance or other financially based benefit plan provided by the Employer shall be in accordance with the applicable Group Insurance Plan Document or Master Plan Agreement. 15.2 Medical and Dental Benefit – The Employer agrees to pay the premium cost for all employees and their dependents for the medical, dental and life insurance coverage mutually agreed upon by the Union and the Employer less 1% of top step firefighter, which will be paid by the Employee. 15.2.1 The Union and the Employer agree that the medical insurance will be through LEOFF Health and Welfare Trust, Plan 6B. 15.2.2 Group Dental – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees and their dependents for coverage under the AWC Group Dental Care Plan during the term of this agreement. 15.2.3 Group Life and Accidental Death and Dismemberment Insurance (AD&D) – The Employer shall pay one hundred percent (100%) of the premiums for eligible enrolled employees only for coverage under the AWC Group Life and AD&D Insurance Plan during the term of this Agreement. 15.3 Health Reimbursement Arrangement (HRA): 15.3.1 The Employer will establish a single account which holds all HRA funds. All costs associated with the account are Employer costs. Monthly, the Employer shall fund the HRA account with real dollars for each bargaining unit member as follows: Employee with no spouse or dependent $166.00 Employee with spouse and/or dependent $333.00 All interest and/or income accrued by the account (from October 31 through October 31of each year) shall be divided and deposited in equal amounts into the Employees HRA’s (Employees who had HRA’s in the previous year). 15.3.2 The HRA may be used for all IRS allowable expenses. 15.3.3 Accumulated balances will rollover each year with no cap on accumulated account totals. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 12 15.3.4 Individual account funds shall rollover accumulated amounts as indicated above and shall include a survivorship option in the event of the Employees death and have continued reimbursement rights until all funds are used. 15.3.5 Individuals separating from the Employer shall continue to have access to their HRA balance (until depleted) as provided above. Employees separating with a negative HRA balance shall have the amount deducted from their final pay. 15.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be determined through a cooperative effort of labor and management. All costs associated with the TPA are Employer costsEffective January 1, 2017, the TPA will be changed from Choice Strategies to HRA/VEBA. 15.5 Benefits while on leave without pay or separation (within COBRA): The Employer will make available to the Employee on leave without pay or separated from the Employer the current medical and dental benefits at no cost to the Employer to the extent allowed under COBRA Law. 15.6 Benefit while on Disability Leave: The Employer will provide Employees on disability leave the benefit outlined in this Article. 15.7 Disability Insurance – The Union shall make available to each member of the bargaining unit, a short and long-term group disability insurance policy administered by the Washington State Council of Firefighters. The City shall contribute twenty-five dollars ($25) per month for each enrolled bargaining unit member during the term of this Agreement, in lieu of any City sponsored group disability insurance plan. The City shall require proof of individual employee coverage. 15.8 WSCFF Medical Trust The City will contribute Sixty and No/100 Dollars ($60.00) per month on behalf of each bargaining unit member toward the Washington State Council of Fire Fighters Post Retirement Medical Trust. ARTICLE 16 ACTING PAY 16.1 Any employee covered by this Agreement who is required to accept accepts the responsibilities and duties of an Acting Officer shall be compensated the flat dollar amount that represents the difference between the then in effect Firefighter First Class rate of pay and 50will receive a 10% of the incentive premium of that position increase over his/her normal base rate for the duration of the assignment. This shall not apply unless the position needs to be filled for a time greater than eight (8) hours. 16.2 The following criteria shall be used for assignments to acting in the capacity as a Captain: Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 13 In the event there is an Acting Officer list, the vacancy shall be offered in the order of the highest test score to the available on-shift Firefighter/EMT’s who are on the list. If not filled in this manner, the vacancy shall be filled by assignment in reverse seniority order. In the event there is no available on-shift Firefighter/EMT on the Acting Officer list, the vacancy shall be filled using the Department Overtime list by assignment of the next qualified individual. a. Employees will be qualified as an Acting Officer if they are on the current promotional list for Captain. b. If there are not enough qualified Actors on the current promotional list, the Fire Chief may conduct an “Acting Captain skills exam” for the purpose of filling the Acting Captain needs. To be eligible to take the Acting Captain skills exam, the individual must meet minimum standards for Captains’ exam. c. Where there are multiple firefighters on a shift who are qualified Actors, Acting Officer opportunities on the shift will be offered in order of placement on the Captain’s promotional list, then by order of score among those who have passed the Acting Captain skills exam. d. In the event there is are no certified list for Acting OfficerOfficers on the shift, the vacancy shall may be filled at the discretion of the Fire Chief or designee. Firefighter/EMT’s who once are on the Civil Service Captain eligibility list shall be considered to be on the Acting Officer list. Ranking on the Acting Officer list shall be at the head of said Acting Officer list and shall be based on the individuals score attained on the Captain’s test. 16.3 An Acting Officer eligibility list shall be valid for a period of one (1) year with a possible six (6) month extension as set forth by the City’s Civil Service guidelines and procedures. ARTICLE 17 INCENTIVE PAY 17.1 Employees holding an EMT–Intravenous Therapy Technician certification shall be entitled to an additional two percent (2%) of the individual’s base rate per month compensation as a uniformed full-time Firefighter. 17.2 Fire Mechanic Incentive – An Employee assigned and performing the job responsibilities of a Fire Mechanic shall be entitled to an additional 3% of the individual's base rate of pay as a full-time uniformed Firefighter. 17.3 Notwithstanding any other provision of this Agreement, incentive pay discussed in Sections 16.1 through 16.3 of this Agreement and/or any future classifications or disciplines eligible for incentive pay shall be based on an individual’s base rate of pay as a full-time uniformed firefighter. An individual can receive incentive pay for each individual classification and/or discipline as long as they retain active, Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 14 certified status. In the event a paramedic is promoted to an officer rank, the impact shall be negotiated to determine the incentive pay that shall be given to said assignment. 17.4 Educational Incentive 17.4.1 Employees covered by this Agreement with an Associates of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional two (2.0%) of the individual’s base rate of pay. 17.4.2 Employees covered by this Agreement with an Bachelor of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional four (4.0%) of the individual’s base rate of pay. 17.4.3 Employees covered by this Agreement with an Master of Arts or Science degree in Fire Science and/or Administration or an allied field subject to the approval of the Fire Chief or designee shall receive an additional six (6.0%) of the individual’s base rate of pay. ARTICLE 18 LONGEVITY PAY 18.1 Longevity pay shall be administered, using the following scale, and is to be added to the employee’s base monthly salary after five (5) years of accumulated full-time continuous service with the City at the following rate: After five (5) years - 1% After ten (10) years – 2% After fifteen (15) years – 3% 18.2 Longevity shall be calculated from the employee’s base monthly salary, not including any incentive pay for education or specialties. 18.3 Longevity pay adjustments shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. ARTICLE 19 CALLBACK PAY / OVERTIME 19.1 An employee who is called back to work after having completed his/her normal shift shall receive his/her standard overtime rate of pay, subject to one (1) hour minimum. Time shall be accumulated in half-hour increments. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 15 19.2 Department training or meetings required off-duty shall be compensated at their overtime rate of pay, subject to a one (1) hour minimum. Time shall be accumulated in half-hour increments. 19.3 All accumulated overtime hours will be paid as overtime at the appropriate rate of pay. ARTICLE 20 SHIFT VACANCIES 20.1 A shift vacancy is one that occurs as a result of such situations as death, resignation, removal, reassignment, transfer, promotion, permanent disability or a modification in staffing patterns. 20.2 Shift vacancies or other positions offered shall be filled by the Fire Chief or designee based on individual training, experience and demonstrated capability with consideration of seniority. In the event of a Paramedic shift vacancy requiring special qualifications above the duties of a Firefighter/EMT, the Employer’s shift vacancy posting shall list such special required qualifications. 20.3 Posting of shift vacancies shall be in each Fire Station for a period of thirty (30) calendar days. Any employee desiring to bid for the shift vacancy shall submit his/her request in writing to the Fire Chief or designee prior to the end of the posting period. ARTICLE 21 HOLIDAYS 21.1 The City and the Union agree to recognize 12 designated holidays each year. Holiday Date Observed New Year’s Day January 1st Martin Luther King Jr. Day 3rd Monday of January President’s Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1st Monday of September Veteran’s Day November 11th Thanksgiving Day 4th Thursday of November Day after Thanksgiving Native American Heritage Day 4th Friday of November Christmas Day December 25th 2 floating holidays Employee’s choice, with approval of Chief or designee 21.2 New employees shall qualify for paid holidays observed following date of hire. New employees shall be eligible to observe the floating holidays, based on a minimum of four (4) months’ continuous service with the Department. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 16 21.3 Twenty-four (24) hour shift and twelve (12) hour shift employees whose normal work schedule includes work on a City designated holiday (19.1 above), shall earn holiday compensation pay at the rate of ten (10) hours per completed month of continuous service in lieu of observing holidays. Payment for holidays shall be made once per year on the first regular payday in October. Payment shall be prorated for employees hired since the preceding January 1st. 21.4 The employee shall receive their straight-time rate of pay for holidays not worked. 21.5 When personnel are required to work on New Year’s Day, Memorial Day, Labor Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day as specified in Section 19.1 above, the responsibilities of that day will be restricted to emergency responses, apparatus checks, and immediate Fire Department needs. ARTICLE 22 VACATION LEAVE 22.1 All full-time employees scheduled to work eight (8), ten (10), or twelve (12) hour work shifts shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 24 months 10 hours 120 hours 25-36 months 12 hours 144 hours 37-48 months 14 hours 168 hours 49 months to 120 months 16 hours 192 hours 121 months and up 18 hours 216 hours 20.1 All full-time twenty-four (24) hour employees shall earn vacation allowances and shall be eligible for paid vacation time as follows: Completed Months of Continuous Employment Monthly Accrual Yearly Accrual Up to 12 months 8 hours 96 hours 13 – 60 months 12 hours 144 hours 61 – 120 months 16 hours 192 hours 121 months and up 20 hours 240 hours 22.2 New employees shall accrue vacation benefits from date of employment for use following six (6) calendar months of continuous employment. 22.3 A sign-up schedule will be provided annually to allow employees to sign up between November 1st and November 30thfor 30th for vacation and Kelly Days in Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 17 the coming year , coordinated by the Fire Chief or designee. Sign-ups will be subject to the following: 22.3.1 Sign-ups will be completed on a seniority basis, and all vacation/Kelly time will be scheduled in twenty-four (24) hour increments. Eligible employees will be allowed to sign up for a maximum of ninety-six (96) hours of vacation in each round of vacation selection. After all personnel have signed up for their initial vacation selection, the sign up process will repeat on a seniority basis for up to ninety-six (96) additional vacation hours. Following the second round of vacation selection, there will be four (4) rounds of Kelly time selection (ninety-six (96) hours in each of the first three rounds; seventy-two (72) hours in the fourth round). Following the final round of Kelly time selection, there will be additional rounds of vacation selection until no further requests remain. 22.3.2 Each employee must schedule at least (1) day off in each twenty-four (24) day FLSA period. 22.3.3 No more than two (2) 24-hour employees (A, B or C shift) in operations may schedule vacation/Kelly Days on the same shift unless authorized by the Fire Chief or designee. Vacation and Kelly days may not be selected in any combination that would require pre-planned overtime to maintain the following staffing per shift: two (2) Officers, one of whom must be a regular officer; two (2) Paramedics; and one (1) IV Tech; provided that pre- planned overtime will be permitted on no more than seven (7) days per shift per year. 22.3.4 Vacation/Kelly Day schedules are subject to final approval by the Fire Chief or designee. The work schedule for the following year shall be published by December 15, or seven (7) days following submittal of selections meeting the requirements in this Agreement, whichever is later. 22.3.5 After November 30th cancellation of days off or changes to prior requests shall be submitted to the Fire Chief or his/her designee not less than thirteen (13) calendar days in advance, unless approved by Employer. Employer will approve requests made less than thirteen (13) days in advance if the request does not involve overtime expense and the request is otherwise reasonable. 22.3.6 Following publication of the work schedule for the coming year, additional vacation/Kelly time will be scheduled on a first-come, first-served basis. 22.4 Employees may accumulate up to four hundred eighty (480) hours of vacation time in each year of this Agreement. The maximum allowable accumulation of unused vacation time to be carried over from the last day of the last Kelly cycle in any given year to the first Kelly cycle of the following year is three hundred (300) hours. Any vacation earned which exceeds the maximum accumulation allowable shall be Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 18 scheduled by the Employer and the employee, subject to the operating efficiency of the Department as determined by the Fire Chief or designee. 22.5 The maximum amount of unused vacation time to be paid to the employee upon separation from the City will be two hundred sixty (260) hours for employees hired on or before December 31, 2013, and two hundred forty (240) hours for employees hired on or after January 1, 2014. ARTICLE 23 SICK LEAVE 23.1 All employees covered by this Agreement shall accrue sick leave at a rate of eight (8) hours per month for all eight (8) and ten (10) hour shift personnel. All twelve (12) and twenty-four (24) hour shift personnel shall accrue sick leave at the rate of twelve (12) hours per month. Effective at the time of their hiring date, each new employee hired by the Department shall receive an initial sick leave bank equal to Seventy-Two (72) hours of accrued time (“New Employee Sick Leave”). Any New Employee Sick Leave used by a new employee during that employee’s first (1st) six (6) calendar months of employment will be drawn against that employee’s regular sick leave accrual under the terms of this Section 21.1 such that if a new employee does not take any New Employee Sick Leave during that new employee’s first (1st) six (6) months, at the end of that six (6) month period, the new employee will have Seventy-Two (72) hours of accrued sick leave. 23.2 When an employee switches shifts (i.e. eight (8) hours to twenty-four (24) hours), his/her sick leave accrual shall be adjusted to meet the new schedule, either increased or decreased. 23.3 Employees may accumulate up to one thousand four hundred forty (1440) hours of sick leave. 23.4 The maximum amount of unused sick leave to be paid to the employee upon separation from the City will be three hundred fifty (350) hours for employees hired on or before December 31, 2013, and three hundred thirty (330) hours for employees hired on or after January 1, 2014. Employees that are terminated for cause shall not be entitled to the above outlined sick leave cash out. 23.5 Definition of coverage, eligibility, reporting and use, and termination/ retirement, shall be in accordance with the most current adopted city policies and procedures 23.6 LEOFF Buyback – LEOFF employees will be allowed to buy back sick leave with their Industrial Insurance check and their Salary Protection Insurance check. ARTICLE 24 SHARED LEAVE 24.1 Shared leave shall be in accordance with the most current adopted city policies and procedures. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 19 24.2 Each employee eligible to contribute to the City’s shared leave plan will contribute eight (8) hours of leave to the plan each January. ARTICLE 25 MILITARY LEAVE Military leave shall be in accordance with the most current adopted City policies and procedures. ARTICLE 26 FAMILY & MEDICAL LEAVE Family and Medical leaves shall be in accordance with the most current adopted City policies and procedures. ARTICLE 27 JURY DUTY The City of Arlington encourages employees who are selected for jury duty to attend. Paid time off for jury duty is in accordance with the most current adopted City policies and procedures. ARTICLE 28 BEREAVEMENT LEAVE 28.1 Full-time employees assigned to a twenty-four (24) hour work schedule shall be eligible to initially receive up to twenty-four (24) scheduled work hours as bereavement leave due to a death in the immediate family. Consideration shall be given to granting up to an additional twenty-four (24) scheduled work hours depending on the location, date and time of the funeral, internment or memorial service. Actual time approved by the Fire Chief or designee shall be consistent with the intent of the most current adopted city policies and procedures.. 28.2 In the event of extenuating circumstances and at the discretion of the Fire Chief or designee, approved time in addition to that provided by Section 26.1 above may be used as accrued vacation, leave without pay, or sick leave if warranted. 28.3 Bereavement Leave for full-time employees assigned to other than twenty-four (24) hour work shifts shall be in accordance with the most current adopted city policies and procedures. ARTICLE 29 PERSONAL LEAVES OF ABSENCE 29.1 Authorized personal leaves of absence shall be in accordance with the most current adopted city policies and procedures. 29.2 During the period that any employee is on an authorized leave of absence with or without pay, seniority shall accrue. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 20 ARTICLE 30 PROBATION & EVALUATION PERIODS 30.1 Probation Period – New employees shall be subject to a twelve (12) month probation period following successful completion of recruit training as determined by the Fire Chief or designee. During this period, such employee shall be evaluated by the Employer and may be terminated at the sole discretion of the Employer. 30.2 Promoted employees shall be subject to a twelve (12) month evaluation period. In the event a promoted employee does not successfully complete said evaluation period, the employee shall be returned to his/her former rank and appropriate rate of pay. 30.3 Employees serving an initial evaluation period shall receive written performance appraisals on or about every ninety (90) days during said period(s) by the Fire Chief or designee. 30.4 Employees with the same date of hire shall be assigned a seniority order, based on the individual’s total score from the entire testing process of the employer (i.e.: Civil Service and the Department). The higher the total score, the higher the seniority ranking. ARTICLE 31 SENIORITY 31.1 A seniority list shall be maintained by the Employer and shall be brought up to date prior to January 31st of each year. This list shall be forwarded to the Secretary of the Union. The list shall show date of hire and date promoted, if any. 31.2 An employee’s seniority shall be defined as that period from the employee’s most recent first day of uniformed full-time compensated work with the Arlington Fire Department. ARTICLE 32 LEGAL PROTECTION The City shall hold personally harmless any employee from any action, claim or proceeding arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with the City and hold these employees harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims or proceedings. ARTICLE 33 PREVAILING RIGHTS 33.1 The Employer and the Union recognize the City maintains a City Policy and Procedure Manual. In the event this Agreement does not address particular issues and topics that are addressed in the Manual, the most current edition of the City Policy and Procedure Manual shall apply. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 21 33.2 New policies and procedures developed during the term of this Agreement shall be reviewed with the Union prior to implementation. ARTICLE 34 LIGHT DUTY 34.1 An employee who is injured and is subsequently unable to perform his/her normal duties may be assigned to light duty upon examination of the employee’s own physician. The City reserves the right, at its own expense, to have the employee examined by a City-appointed physician. An employee’s salary while on light duty shall be at the employee’s straight-time rate of pay. 34.2 Light duty may be considered if there is work suitable for such position. Assigned light duty positions shall not affect the minimum staffing requirements of the Department, as determined by the Fire Chief or designee. The employee shall be assigned non-combat duty in such areas as Fire Prevention, Training, or as determined by the Chief or designee. Light duty work shall be performed on a five (5) day, eight (8) hours per day schedule, during normal administrative hours. Other work schedules may be arranged by mutual agreement between the employee and the Fire Chief or designee. 34.3 The position of light duty shall not exceed a period of four (4) weeks and may be extended by an additional four (4) weeks at the discretion of the Fire Chief or designee. If the illness or injury requires additional time off, the Fire Chief or designee may extend the light duty period, if there are sufficient and compatible non-combat duties to be performed. Additional light duty will be assigned in thirty (30) day increments with evaluation at the end of each thirty (30) day period by the Fire Chief or designee. A light duty assignment may last, but may not exceed six (6) months total. If the employee cannot return to their normal duties after this six (6) month period, the employee must use accumulated sick leave, unpaid leave or disability. ARTICLE 35 SHIFT BIDS 35.1 The shift selection process shall be administered by the Fire Chief or designee and be completed on or before November 1. The shift selection shall be effective on the first Kelly cycle after January 2nd of each year. 35.2 Individual shift selection shall be for a minimum of three (3) years and a maximum of five (5) years. The Employer retains the right to move employees for operational or justified reasons. The employee retains the right to request a transfer from a shift for justified reasons. If a change is requested by either party, the Employer and the Union shall bargain the effects and legitimacy of the request prior to a change occurring unless it is deemed an emergency situation by the Employer. The final decision shall be rendered by the Employer. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 22 35.3 Probationary positions may be assigned by the Employer prior to shift selections. Duration for probationary assigned periods shall be for the length of the current shift selection cycle. 35.4 The Employer and the Local shall agree prior to the end of the three (3) year cycle whether to extend the shift selection cycle to a maximum of five (5) years. 35.5 The Union will provide shift selection forms upon an employee’s request. Upon completion of all the forms, the Union shall fill all positions on a seniority based process and return a copy of all forms to the Fire Chief or designee within thirty (30) calendar days. 35.6 The Fire Chief or designee shall have the authority to implement minimum standards for positions within the department. ARTICLE 36 PERSONNEL REDUCTION 36.1 The Employer shall notify the Union of the need to reduce the number of employees who are on the payroll within the bargaining unit at least sixty (60) calendar days before the effective date of layoff. Such notice shall be given in writing, addressed to the Union and hand delivered to a Union officer or by registered U.S. mail. The notice shall disclose the number of positions affected and the rank of each person affected. Immediately after issuing the notice, the Employer shall give the Union a reasonable period of time, of no less than ten (10) calendar days within which it will meet and confer with the Union to discuss such action. The Employer shall respond to any proposals which the Union may make in response to the subject of notice. 36.2 Each employee who is to be reduced in rank or laid off as a consequence of a reduction in force shall be given written notice, at least thirty (30) calendar days before such action is to occur, of the date, purpose and nature of the action that is to be taken with regard to him. The notice shall also state the reason for the action and any rights the employee may have under the City Policy and Procedures Manual, Civil Service rules, or this Agreement with regard to his/her employment. A copy of the notice shall be timely delivered to the Union within the thirty (30) calendar day notification period. 36.3 All reductions in force shall be established by seniority in the Department within the thirty (30) calendar day notification period. Seniority in rank shall be established from the date that the employee was promoted into the rank which he or she currently occupies. 36.4 In the event of a tie in seniority, the tie shall be broken by the final score on the employment or promotional examination. 36.5 In the event a reduction in force is necessary, the reduction shall proceed in the following order: Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 23 a. Employees shall be laid off in reverse order of the Departmental seniority list; the least senior employee in the Department shall be laid off first without regard to rank or classification. b. In the event a reduction in force results in the need for a redistribution of employees to a lesser rank, such reduction in rank shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee’s date of promotion. c. An employee who is laid off shall be paid for all accrued leave time, including vacation and holiday pay, based on the employee’s straight-time rate of pay as of the date of separation. All employees who are reduced in rank or laid off shall not suffer any loss in benefits or entitlement accrued prior to the date of the action, e.g. holiday, vacation, personal leave, pension, and overtime, earned, accumulated, and unused at the time of reduction in rank or layoff. 36.6 If an employee is reduced in rank due to redistribution in force, that employee shall receive the maximum salary for the lower grade. 36.7 The Civil Service Commission and City Human Resource Department shall maintain a list, known as a “rehire list,” of all persons who are reduced in rank or laid off. In the event that vacancies occur within the Department while persons remain on the rehire list, the order of the recall shall be determined by reference to the rehire list. The rehire list(s) shall remain in effect for thirty-six (36) calendar months after the date of a layoff, unless extended by the Civil Service Commission and shall be used to offer employment that may become available by seniority to all persons who have been reduced or laid off, before any employees are promoted from one rank to another or any persons hired or transferred (from another City department) to become new employees of the Fire Department. No person may be hired, nor may any person be transferred from another City department, while any person in that rank remains in a reduced rank or on the rehire list. Any persons who are returned to their former positions shall be placed in the pay grade of their former rank, restored to the straight-time rate of pay that they would have received had they not been reduced in rank or placed on a rehire list. Employees shall receive no service credit for any period of time while on layoff status. 36.8 Notice of recall to the employee’s former position shall be given to the employee in writing at his/her last known mailing address, it being the employee’s obligation to notify the City Human Resource Department of any change in address while on layoff status. The notice shall be by certified mail, return receipt requested. The employee shall be given thirty (30) calendar days to accept an offer of the reinstatement, in which case written acceptance shall be sufficient if filed in any form with the Human Resource Department. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 24 36.9 Any employee who fails to return to work upon official notice of rehire or recall by the City shall be terminated. 36.10 If an employee is on layoff status, seniority shall not accrue. Upon returning to work after such leave or layoff, the employee shall be granted the level of seniority previously accrued. ARTICLE 37 PHYSICAL FITNESS 37.1 The City and the Union recognize the physical and mental health of bargaining unit employees is of vital importance in fulfilling the responsibilities of the job of Firefighter. The City and the Fire Department consider physical fitness as a high priority and as such workout periods shall be accommodated in the daily activity schedule. The physical fitness program is a mandatory, non-punitive program. All employees are expected to utilize the workout time allotted to them daily. 37.2 Physical fitness activities may be scheduled at any time during a shift provided said physical fitness periods shall not interfere with scheduled shift work such as drills, training, inspections, or emergency responses. Scheduled time for physical fitness shall normally be between the hours of 0800 and 1700. All shift employees shall be allowed ninety (90) minutes per shift for physical fitness activities. ARTICLE 38 SHIFT EXCHANGES 38.1 Employees shall have the right to exchange shifts when the exchange does not interfere with the operation of the Fire Department. Shift exchanges shall result in no additional cost to the City nor interfere with the operation of the Department as determined by the Fire Chief or designee. 38.2 All shift exchanges shall be submitted in writing and approved forty-eight (48) hours in advance by the affected supervisor (including paybacks) unless deemed an emergency nature by the Department. Supervisors shall have the right to approve/disapprove all shift trades. 38.3 It is understood by both parties that “no additional cost” means that the City will not cover any cost to maintain minimum staffing. 38.4 It is further understood that a shift exchange is a private contract entered into between two independent parties and that the individual requesting the shift exchange is responsible to make certain that his/her shift will be covered. It is the responsibility of the original person scheduled to work and who is requesting the shift exchange is obligated to find a third party to work the shift if the party agreeing to the shift exchange is not able to report for duty. 38.5 If a third party cannot be found, then the person originating the request for the shift exchange must report for their scheduled shift, or agree to being docked the full cost of any overtime needed to fill the vacancy. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 25 38.6 In the event that the originator of the shift exchange request is “out-of-town” or otherwise cannot be reached, the shift will be filled using overtime. Under this scenario, the originator of the shift exchange will have two opportunities to “pay back” the cost of overtime to the City as follows: 38.6.1 Be “docked” the full overtime cost; or, 38.6.2 Agree to work a shift equal to the time lost as scheduled by the Department. The scheduled overtime will not, unless there is no other alternative, be a “mandatory” overtime situation. ARTICLE 39 PROMOTIONS 39.1 Promotional testing shall be in accordance with the City’s Civil Service guidelines and procedures as set forth in this Agreement. 39.2 The City and Union agree that the specific qualifications for all promotional positions, such as education, experience and time-in-grade shall be discussed and agreed upon by the Department and Union through the regular Labor-Management meeting process. 39.3 The City and the Union agree that announcements of promotional exams shall be posted at all City Fire Stations in accordance with the timeframes discussed and agreed upon by the Department and Union through the regular Labor-Management meeting process. 39.4 Relevant study materials shall be made available to interested employees at the time of posting. 39.5 In the event that no promotional candidate passes the promotional examination, the City and Union agree to meet and confer about an alternative process. ARTICLE 40 PARAMEDIC VESTING 40.1 The City recognizes that from time to time employees serving as Firefighter / Paramedic may request to be reassigned permanently to the position of Firefighter / EMT. The employee must have served in the position of Firefighter/Paramedic with the City for a minimum of five (5) years. This request for permanent reassignment is differentiated from periodic requests for temporary assignments to an engine company as a relief from Paramedic duties. 40.2 The request will be handled on a first-come, first-serve basis in conjunction with the needs of the City. The request shall be provided to the Fire Chief or designee a minimum of six (6) months prior to the requested date of reassignment. The City will notify the employee requesting transfer within twenty (20) calendar days whether the request has been approved, and of an anticipated date for the return to Firefighter / EMT. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 26 40.3 Assignment to engine company duties is dependent on the existence of an open position in the Firefighter / EMT ranks. An open position shall be defined as a vacant authorized Firefighter / EMT position which may occur as a result of routine turnover, addition of positions, or promotions. 40.4 Employees serving as Firefighter / Paramedic that are reassigned as a Firefighter/ EMT following the process detailed in Sections 38.1 through 38.3 will be entitled to a portion of their Paramedic incentive pay in the following manner: 5 years as Paramedic 50% of ALS premium 6 years as Paramedic 60% of ALS premium 7 years as Paramedic 70% of ALS premium 8 years as Paramedic 80% of ALS premium 9 years as Paramedic 90% of ALS premium 10 years + as Paramedic 100% of ALS premium 40.5 The newly assigned Firefighter/EMT shall have his/her pay, including COLAs and step increases, frozen until the Firefighter First Class pay meets the pay received by the newly assigned Firefighter/EMT. ARTICLE 41 MEDICAL CERTIFICATION AND TRAINING 41.1 This Article refers to all initial certification and continuing education, required by the Employer, Snohomish County, and the State of Washington to maintain all levels of Emergency Medical Technician (“EMT”) and Paramedic certification. 41.2 All books, tuition, instructor fees, and material required for certification shall be provided by the Employer. Reimbursement for all related expenses will be according to the most current edition of the City Policy and Procedure manual. 41.3 The Employer shall provide all initial EMT training on-duty or on an overtime basis. Any employee allowed to advance their skills to the next level shall receive their training on-duty or an overtime basis. 41.4 The Employer shall make available to all employees either on-duty or on an overtime basis all training required to maintain their certification. 41.5 Employees having difficulty with the EMT or Paramedic certification shall be given counseling, additional on-duty study time, and any reasonable support needed by the employee to certify or maintain certification. 41.6 Employees who fail to certify or re-certify twice (2 times) consecutively shall retake the course and examination on their own time and expense Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 27 41.7 Any employee failing to certify after a third (3rd) failure to certify or re-certify completing the above procedure may be demoted or terminated by the Fire Chief or designee. ARTICLE 42 UNIFORMS AND CLOTHING 42.1 The Employer shall provide each new regular full-time employee covered by this Agreement with the following list of uniform / clothing items, including appropriate insignias (i.e. patches, badge, silk-screening, etc.): 3 work pants 6 tee shirts 2 Class B work shirts 2 sweatshirts 1 belt 1 pair work boots 1 winter weight jacket 1 baseball style cap 1 Class A Dress Uniform. Helmet with eye protection Bunker jacket Bunker pants Protective hood Suspenders Gloves Bunker Boots Flashlight 42.2 The Department shall utilize a uniform quartermaster system administered by the Fire Chief or designee that allows for the approval and distribution of initial and replacement uniforms. A chain of command order system shall be established and replacement gear issued when worn out gear has been turned in. Effective January 1, 2014, newly issued and replacement bunker boots will be made of leather. 42.3 All initial issue and replacement uniform items and vendor(s) shall be approved in advance by the Fire Chief or designee. 42.4 All uniforms and equipment issued by the Employer to each employee shall remain the property of the Employer. 42.5 The Fire Chief or designee shall determine the appropriate uniform for each work shift. ARTICLE 43 TRAINING CAPTAIN 43.1 The Training Captain position shall report directly to the Fire Chief or designee. His/her primary responsibility shall be coordinating department training and Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 28 serving as the Department’s Health & Safety Officer. He/she shall have other training and safety responsibilities as directed by the Chief. 43.2 If during the term of this agreement the City establishes a training captain position (other than the current arrangement) the Union agrees to negotiate the impacts of the position with the City. 43.3 The position of Training Captain shall be assigned by seniority except as set forth below. On each occasion when the Training Captain position becomes available, the highest senior current Captain who has not yet held the position of Training Captain shall be given the first opportunity to fill the position. On the first occasion when a Captain is provided with the opportunity to fill the Training Captain position, the Captain may, on that occasion only, defer that opportunity. If unfilled because of deferral, then the position shall be filled by the next highest senior current Captain. If a Captain has previously exercised his or her right of deferral as provided for herein, then that Captain must fill the Training Captain position on the next occasion when the position becomes available. Notwithstanding the above language, a qualified Captain may serve as Training Captain if that employee volunteers for that duty. If volunteering, the Captain must serve in the position for two years. If, after that voluntary two year cycle, no other Captain volunteers to fill the position, the seniority selection process shall apply. 43.4 The duration of the position shall be for a minimum of two (2) years and may be extended for an additional one (1) year if mutually agreed upon by the Chief and Training Captain. Once a person has finished the allotted time he/she shall not be eligible again until all remaining Captains have rotated through. ARTICLE 44 DEFERRED COMPENSATION PROGRAM 44.1 Regular full-time employees shall be eligible to participate in a matching program known as the state of Washington Deferred Compensation Program, herein after known as the “Program”, as an alternative to participating in Social Security. Enrollment and continued participation shall be in accordance with the rules and regulations of the Program and the City-wide administrative requirements of the Employer. Conditions for participation in the Program shall include, but not be limited to the following: 44.2 The Program shall be a dollar for dollar match between employee and Employer, with the Employer share not to exceed the amount that it would ordinarily contribute to the Social Security program. 44.3 Contribution amounts shall be adjusted as changes in the Social Security rate occur. 44.4 The amount of the Employer’s contribution shall be based on the employee’s gross base wage. The gross base wage includes base salary and educational incentives. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 29 44.5 Employees may choose to increase their portion of the contribution should they choose to defer the maximum allowable. However, the total amount deferred monthly may not exceed the maximum allowable per the Program regulations. 44.6 It is the responsibility of the employee to contact the State of Washington Deferred Compensation Program in order to initiate changes to their monthly-deferred amounts. Sufficient time must also be given to the City’s Finance Department for processing. ARTICLE 45 LATERAL TRANSFER EMPLOYEES 45.1 Lateral transfer employees must meet the minimum medical and health requirements of LEOFF Retirement System as administered by the State of Washington Department of Retirement Systems., and must possess all certifications, training, and license(s) as required by Washington State and the City of Arlington, as outlined by the Civil Service Commission. At the time of application, the lateral transfer will be a full-time paid member of a Fire Department with at least three (3) years of continuous employment. The transfer applicant will possess all certifications, training, and license(s) as required by Washington State and the City of Arlington, as outlined by the Civil Service Commission. The lateral transfer applicant must be a member of good standing with the International Association of Fire Fighters. The applicant shall have no disciplinary action pending or in place with his/her current employer. 45.2 The lateral transfer applicant shall enter the payscale at the level of a Firefighter Second Class. Longevity pay will apply to the time served with the City of Arlington Fire Department. 45.3 Every three (3) years of service the applicant has served with their current employer will count as one (1) year of service with the City for the purpose of determining vacation and sick leave accrual. A sick leave bank of seventy-two (72) hours will be established at the time of hire. 45.4 Any other concerns shall be discussed and agreed upon through the regular Labor- Management process. ARTICLE 46 WASHINGTON STATE MOBILIZATION 46.1 In the event the City participates in an incident where an ongoing State Mobilization is already in effect, those employees covered by this Agreement who voluntarily agree to participate will be compensated in accordance with the terms of the Washington State Mobilization Plan, rather than according to this Agreement. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 30 46.2 Employees who have vacation leave scheduled during a period when they participate in a mobilization will have the choice to take the vacation as scheduled, or cancel the planned vacation in which case the planned vacation leave hours will not be deducted from their vacation leave bank. Kelly Days scheduled during a period of mobilization will be observed as scheduled. Nothing in this paragraph changes the contract provisions regarding vacation carryover in Section 21.4. 46.3 All fire apparatus (fire engines, ladder trucks, brush trucks) sent on a mobilization shall have, at a minimum, one (1) full-time driver and one (1) full-time officer or acting officer, each of whom will come from the bargaining unit. Executed this __________ day of ___________________, 20142016. Arlington Firefighters Organization City of Arlington Local #3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 31 APPENDIX “A” to the AGREEMENT By and between The City of Arlington and Arlington Firefighters Organization, Local #3728, IAFF January 1, 2014 2017 through December 31, 20162018 This Appendix “A” is supplemental to the Agreement by and between the City of Arlington, Washington, hereinafter referred to as the Employer, and the Arlington Firefighters Organization, Local #3728, IAFF, hereinafter referred to as the Union. A.1 Effective January 1, 20142017, the following rates of pay for employees covered by the Agreement shall be as follows, which include a combination of market and cost-of-living increases totaling 2.75%: Classification Completed Months of Continuous Employment Salary per Month Firefighter Probationary Firefighter (75%) 0 - 6 months $ 4,7015,079 Firefighter 5th Class (80%) 7 - 12 months $ 5,0155,419 Firefighter 4th Class (85%) 13 - 24 months $ 5,3295,758 Firefighter 3rd Class (90%) 25 - 36 months $ 5,6426,096 Firefighter 2nd Class (95%) 37 - 48 months $ 5,9566,435 Firefighter 1st Class (100%) 49 + months $ 6,2696,773 Paramedic (12% above Firefighter) Probationary Firefighter/Paramedic (87%) 0 - 6 months $ 5,2655,689 Firefighter/Paramedic 5th Class (92%) 7 - 12 months $ 5,6176,068 Firefighter/Paramedic 4th Class (97%) 13 - 24 months $ 5,9686,449 Firefighter/Paramedic 3rd Class (102%) 25 - 36 months $ 6,3196,828 Firefighter/Paramedic 2nd Class (107%) 37 - 48 months $ 6,6717,208 Firefighter/Paramedic 1st Class (112%) 49 + months $ 7,0217,586 Captain Captain (120%) $ 7,5238,129 Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 32 A.2 Effective January 1, 2018, the rates of pay for employees covered by the Agreement shall be as follows, which include a combination of market and cost- of-living increases totaling 3.0%: Classification Completed Months of Continuous Employment Salary per Month Firefighter Probationary Firefighter (75%) 0 - 6 months $ 5,231 Firefighter 5th Class (80%) 7 - 12 months $ 5,582 Firefighter 4th Class (85%) 13 - 24 months $ 5,931 Firefighter 3rd Class (90%) 25 - 36 months $ 6,279 Firefighter 2nd Class (95%) 37 - 48 months $ 6,628 Firefighter 1st Class (100%) 49 + months $ 6,976 Paramedic (12% above Firefighter) Probationary Firefighter/Paramedic (87%) 0 - 6 months $ 5,860 Firefighter/Paramedic 5th Class (92%) 7 - 12 months $ 6,250 Firefighter/Paramedic 4th Class (97%) 13 - 24 months $ 6,642 Firefighter/Paramedic 3rd Class (102%) 25 - 36 months $ 7,033 Firefighter/Paramedic 2nd Class (107%) 37 - 48 months $ 7,424 Firefighter/Paramedic 1st Class (112%) 49 + months $ 7,814 Captain Captain (120%) $ 8,372 A.3 A.2Wage Increases – Any wage increase shall become effective the first of the month, coincident with or next following the employee’s anniversary date of employment. A.3A.4 In the event an employee is on disciplinary status becomes otherwise eligible for a wage increase in accordance with Sections A.2 A.3 such increases shall not be granted until the employee has been removed from such status by the Fire Chief or designee. There shall be no retroactive pay adjustment under such circumstances. Ratified Collective Bargaining Agreement 2014 – 2016 2017 – 2018 IAFF Local No. 3728 33 A.4A.5 Nothing herein shall prohibit the Employer from paying wage rates above those contained in this Appendix A. Executed this __________ day of ___________________, 20142016. Arlington Firefighters Organization City of Arlington Local No. 3728, IAFF By:_________________________ By:___________________________ President Mayor Date:________________________ Date:_________________________ 46.4 City of Arlington Council Agenda Bill Item: NB #3 Attachment F COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Land Use Code Amendment and Zoning Map Amendment – AMC Title 20 ATTACHMENTS: Ordinance, Overlay Map and Proposed OLUM, Findings of Fact DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: AMC Chapter 20.36 amendments that include; Adding Section 20.36.110 regarding the Horizontal Mixed Use Overlay District Section 20.36.120 – Official Land Use Map (OLUM) Change HISTORY: The Horizontal Mixed Use Overlay was part of a city-initiated docket proposal, which was passed by Council Resolution in May 2016. The reasoning for the Horizontal Mixed Use Overlay and the eventual regulating plan was a result of the city’s request to withdraw County Docket XVII, known as ARL3. The Snohomish County Council officially adopted Motion No. 16-388 which removed ARL3 from the final docket, thus leaving the buildable lands requirement of the Comprehensive Plan in a non-compliant status. City and County staff discussed the Horizontal Mixed Use concept as part of its reasonable measures to meet our buildable lands requirement, which was successful. The HMU Overlay and OLUM is Phase I of the HMU Plan, whereas, Phase II (regulating plan) will be completed as part of the 2017 Docket. City of Arlington Council Agenda Bill Item: NB #3 Attachment F ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the ordinance amending Chapter 20.36 of the Arlington Municipal Code, and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2016-_____ 1 ORDINANCE NO. - 2016-XXX AN ORDINANCE RELATING TO LAND USE AND ZONING; AMENDING CHAPTER 20.36 OF THE ARLINGTON MUNICIPAL CODE TO ESTABLISH A HORIZONTAL MIXED USE OVERLAY DISTRICT WHEREAS, the City of Arlington has been studying amendments to its zoning ordinance as a result of changes in the 2015 Comprehensive Plan; and WHEREAS, the concept of a Horizontal Mixed Use Overlay was part of a city-initiated docket proposal, which was passed by City Council Resolution in May 2016; and WHEREAS, the Snohomish County Council officially adopted its Motion No. 16-388 which removed the proposed area “ARL3” from the final docket; and WHEREAS, the removal of ARL3 left the City’s Comprehensive Plan non-compliant with the requirements of the Growth Management Act regarding the buildable lands requirement of the Comprehensive Plan; and WHEREAS, both prior to and following the removal of ARL3, City and County staff discussed the reasonable measures needed to meet the City’s buildable lands requirement; and WHEREAS, the City had been considering the adoption of a horizontal mixed use overlay and had created a Horizontal Mixed Use committee to review issues and help provide input to the Planning Commission WHEREAS, the establishment of a horizontal mixed use overlay and revisions to the Official Land Use Map of the City will be the first phase of revisions to make the comprehensive plan compliant, to be followed by amendments to the Comprehensive Plan itself; and WHEREAS, the Arlington Planning Commission ("Planning Commission") discussed revisions to the zoning ordinance regarding the horizontal mixed use overlay at its regular meetings of December 15, 2015, February 18, 2016, August 2, 2016, and October 18, 2016; and held a public hearing on November 15, 2016 and thereafter recommended passage of this ordinance to the City Council; and WHEREAS, the City Council was briefed on the issue on November 28, 2016 and on December 5, 2016, the City Council considered public comments and the entire record related to the proposal contained in this ordinance; and WHEREAS, following the public hearing, the City Council deliberated on the code amendments contained in this ordinance; and WHEREAS, the City has completed State Environmental Policy Act (SEPA) review of these proposed amendments and all due notice has been given to the Department of Commerce prior to their adoption; ORDINANCE NO. 2016-_____ 2 NOW, THEREFORE, the City Council of the City of Arlington, Washington, do here ordain as follows: Section 1. A new Arlington Municipal Code Section 20.36.090 shall be and hereby is amended to read as follows: 20.36.090 – Horizontal Mixed Use Overlay District Established The Horizontal Mixed Use Overlay District is hereby established as an “overlay” district, meaning that the underlying zoning applicable within each commercial zone remains as the primary or principle zoning designation. The overlay allows for a mix of diversified, high-density residential development to co-exist within a proportionate share of the commercially zoned areas of Highway Commercial (HC), General Commercial (GC), and Neighborhood Commercial (NC) zones where typical retail and other support services would be located, thus creating an Urban Village concept. The performance standards/design guidelines set forth in Part I of Chapter 20.44 place limitations on the characteristics of uses located in these districts. Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance; provided, however, that if any section, sentence, clause, or phrase of this ordinance, is held to be invalid by a court of competent jurisdiction, or by the Growth Management Hearings Board, then the section, sentence, clause, phrase, or land use designation in effect prior to the effective date of this ordinance, shall be in full force and effect for that invalidated section, sentence, clause, phrase, or land use designation, as if this ordinance had never been adopted. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. Section 4. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the City Clerk is directed to send a copy of this ordinance to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE _____ DAY OF DECEMBER, 2016. CITY OF ARLINGTON: Barbara Tolbert, Mayor ORDINANCE NO. 2016-_____ 3 ATTEST: Kristin Banfield, City Clerk APPROVED AS TO FORM: Steven J. Peiffle, City Attorney SR HC BP LI GC HC OTRD GI RHD RLMD GC RMD P/SP RLMD RHD RMD RMD GI RHD P/SP MS P/SP GC P/SP RHD NC RHD GC BP NC RMD RLMD GC P/SP P/SP NC LI OTBD - 1 P/SP RHD GC RHD NC P/SP LI HC RMD P/SP P/SP P/SP P/SP P/SP P/SP P/SP MS RLMD P/SP RLMD RHD RLMD BPRMDBP GC HC RMD RMD GC GI LI GCNC P/SP P/SP P/SP P/SP RHD RLMD RLMD AF OTBD - 2 OTBD - 3 RLMD RLMD RMD RLMD GCSR RLMD P/SP HC RLMD P/SP OTBD - 3 P/SP P/SP OTBD - 2 OTBD - 2 HC RLMD RHD GCSR P/SP GC RHD «5 «3 «2 «1 «2 «4 «3 «3 «1 «2 «4 «4 «2 «3 «3 «3 «1 «2 «1 «2 «5 «3 «D «C «A «B «B «C «C «D «D 1200 ' 850 ' 800 ' ¥¨§5 "89 "8530 "8531 MPN MPNTDR Pioneer MeadowsContract Rezone GleneagleContract Rezone 199TH ST NE 204TH ST NE 79TH DR NE 35TH AVE NE 168TH ST NE 179TH PL NE SR530 SR 530 ARLINGTON HEIGHTS RD 73RDAVE NE OSPREY RD SR 531 LOISLN 207TH ST NE N FRENCH AVE E HIGHLAND DR E 1ST ST W MARION ST CEMETERY RD 77TH AVE NE 200TH ST NE E 4TH ST 92ND AVENE 19TH DR NE 156TH ST NE SR 9 27TH AVE NE TOPPER CT 193RD PL NE 162ND ST NE 176TH PL NE S COBB AVE 101STDRNE 71STDRNE 73RD AVE NE 195TH ST NE 97TH AVE NE SWEST AVE 66THAVENE 208TH ST NE 190TH PLNE 182ND ST NE 74TH AVE NE 101ST AVE NE 196TH ST NE 178TH ST NE 169TH AVE NE 206TH ST NE 174TH PL NE 32ND AVE NE 175TH PL NE 169TH PL NE 178TH PL NE 190TH ST NE 175TH PL NE 191ST PL NE 46TH AVE NE 39TH AVE 71STDRNE 59TH AVE NE 188TH ST NE 192ND STNE 66TH AVE NE 51ST DR NE N ALCAZAR AVE WHITEHAWK DR DUNHAM AVE SR 9 192ND ST NE PORTAGE ST 155TH ST NE 97TH AVENE 40TH AVE NE E 5TH ST 186TH PL NE 43RD AVE NE 89TH AVE NE 19TH AVE NE 197TH ST NE WJENSEN ST 195TH ST NE 156TH ST NE E 4TH ST 23RD AVE NE 107THAVENE 171ST PL NE 88TH DR NE 11TH AVE NE 176TH PL NE 85TH AVE NE 192ND PL NE 168TH ST NE 89TH AVE NE 33RD AVE NE 162ND STNE 99THDRNE S FRENCH AVE FORTY FIVE RD 173RD PL 103RDAVE NE S MACLEOD AVE 196TH PL NE 166THPL NE 162ND PL NE 160TH ST NE 17TH AVE NE 169TH PL NE 19TH DR NE 15TH AVE NE 103RDDR NE 158TH ST NE 220TH ST NE 27TH AVE NE 11TH AVE NE 35TH AVE NE 168TH ST NE 59TH DR NE 157TH ST NE 180TH ST NE 23RD DR NE 31ST AVE NE HIGHLAND VIEW DR 182ND ST NE 95TH AVE NE 45THDR NE E 5TH ST 15TH AVE NE WOODBINE DR MCPHERSONRD SCHLOMANRD MORANRD ARLINGTON HEIGHTS RD 152ND ST NE 43RD AVE NE 6THAVENE 40TH DR NE 172ND ST NE 23RD AVE NE I-5 E GILMAN AVE 164TH ST NE EAGLEFIELDDR 188TH ST NE OLDBURNRD 204TH ST NE 67TH AVE NE PIONEER HWY E 234TH ST NE TWIN LAKES AVE 188TH ST NE 236TH ST NE 200TH ST NE I-5 27TH AVE NE SMOKEY POINT BLVD SMOKEY POINT BLVD 31STDR NE176THSTNE 79TH AVE NE S OLYMPIC AVE 82ND DR NE 19TH AVE NE TVEIT RD 59TH AVE NE FIR LN NOBLE DR 71ST AVE NE 51ST AVE NE 81ST DR NE 62ND DR NE 25TH AVE NE 83RD DR NE 47TH AVE NE 91ST AVE NE 42NDDRNE 177THPL NE 226THPLNE REDHAWK DR S CEDARBOUGHLOOP 182ND PL NE 73RDAVENE CHAMPIONSDR 80TH DR NE 190TH PL NE 79TH DR NE 67TH AVE NE VISTA DR VISTA DR HIGH CLOVER BLVD NE 37TH AVE NE 95TH AVE NE OLYMPICPL BURNRD SPRING LANEAVE WCOUNTRY CLUB DR 160TH ST NE E COUNTRYCLUB DR 25TH AVE NE 63RD AVE NE CROWNRIDGEBLVD AIRPORT BLVD DIKERD DIKE RD JORDANRD MCELROY RD MCELROY RD 79TH AVE NE BOVEE LN 62ND AVE NE THIS IS A COPY OF TH E OFFICIAL ZONINGMAP OF THE CITY OF ARLINGTON,PU RSUAN T TO AMC §20.36.100, WHIC H WASADOPTED BY THE C ITY COU NCIL ON 20MARCH 2006 PURSUAN T TO ORDINANCE NO.1389 AN D BECAME EFFECTIVE 27 MARCH2006. ZONINGAB C D City Limits Urban G rowth AreaROW Rail-line Private R oadsI-5 APD Safety Zones APD Subdistricts Barbara TolbertMayor Kristin BanfieldCity Clerk Maps and GIS data are distributed “AS-IS” without warranties of any kind, eitherexpress or implied, including but not limited to warranties of suitability for a particularpurpose or use. Map data are compiled from a variety of sources which may containerrors and users who rely upon the information do so at their own risk. Users agreeto indemnify, defend, and hold harmless the City of Arlington for any and all liabilityof any nature arising out of or resulting from the lack of accuracy or correctness ofthe data, or the use of the data presented in the maps. CS Cote Annexation 09/29/2004 CS Newman Annexation 08/01/2005 CS Crawford Annexation 12/12/2005 CS Heartland Annexation 02/27/2006 BC Mulligan Annexation 09/13/2006 BC BC BC Foster Annexation 02/15/2007 Brekhus/Beach Annexation 05/19/2007 Johnston Annexation 06/13/2007 DK DK DK DK DK Bertrand Annexation Island Crossing Annexation Scrivener's Error Zoning Revision Comp Plan Amendment 06/30/2008 11/26/2008 09/25/2010 02/14/2011 04/22/2011 DK DK DK DK Thompson Annexation 07/08/2011 Hilltop Sports Annexation 07/08/2011 Comp Plan Amendment 05/20/2012 Star Annexation 06/27/2012 PE Country Charm Annexation 08/28/2013 CY Comp Plan Adoption 7/06/2015 CY Comp Plan Amendment 7/13/2015 REV REVISION DATE " 0 1,600 3,200800 Feet DraftZoningReg_24x36_16.mxd City of ArlingtonZoning Map SR = Sub urban Re si den tial RLMD = Lo w to Mo de ra te De nsity R esid en ti al RMD = Mo de ra te De nsity Re sid en tial RH D = H igh Den sity R eside ntia l OTRD = Old To wn R esid en ti al Di strict NC = Ne igh borho od Co mme rcia l OTBD - 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Ma p da ta are co mp iled froma variety of sources wh ich may containerrors and u se rs who rely upon theinformation do so at their own risk. Usersagree to ind emnify, defend , and holdharmless the City of Arlin gto n for any a nd a llliability o f any nature arisin g o ut of o rresulting from the lack of a ccu racy o rcorrectness o f the data, or th e use o f thedata p re sented in the map s. kdh ProposedHMU24x36_16 9/2/2016 1 inch = 1 ,0 50 fee tScale: Date: File: Cartographer: µWaterbodies and streams provided by Sn ohomish Cou nty Depa rtment of Information Systems, June 2 009via C D. City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Commute Trip Reduction Plan and Ordinance Update – AMC Chapter 10.80 ATTACHMENTS: Draft CTR Plan Proposal and Ordinance DEPARTMENT OF ORIGIN Department of Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: AMC Chapter 10.80 amendments that include; Replace the existing Chapter 10.80 Transportation Demand Management with a new Chapter 10.80 Commute Trip Reduction Adopting Community Transit’s Commute Trip Reduction Plan 2017-2019 City of Arlington Council Agenda Bill Item: NB #4 Attachment G HISTORY: For over 25 years, jurisdictions in Snohomish County have partnered with state, regional and local agencies to implement the Commute Trip Reduction program with the goal of improving air quality and reducing traffic congestion. The Washington State Commute Trip Reduction Act (RCW 70.94) was adopted in 1991. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which focused the CTR program on urban growth areas that were experiencing the greatest automobile-related air pollution and traffic congestion. In 2013, the Washington State CTR Board approved a four-year pilot rulemaking experiment to evaluate new trip reduction strategies, improve performance measurement and identify administrative efficiencies. City of Arlington, along with 7 other jurisdictions in Snohomish County and the city of Bothell, were selected to participate in an alternate CTR program during the pilot period. The alternate plan focused program resources in the areas with the greatest trip reduction potential. It streamlined worksite reporting and moved data collection from a biennial survey to a daily online trip calendar using the states online ridematching and calendaring system, RideshareOnline.com. This plan uses the flexibility provided within the 2015 CTR law revisions to continue the successful strategies of the pilot alternate plan program. The proposed CTR Plan for the City of Arlington will be in effect 2017-2019. The updated ordinance reflects the changes in the Plan to meet the Commute Trip Reduction Efficiency Act. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the ordinance updating AMC Chapter 10.80 and adopt the 2017- 2019 Commute Trip Reduction Plan. City of Arlington 2 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Table of Contents INTRODUCTION 3 Program History Past Program Performance Benefits of the CTR Program I. LOCAL PROGRAM ASSESSMENT 5 Affected Major Employers Land Use and Transportation Conditions at Major Employment Sites II. TRIP REDUCTION STRATEGY FOR MAJOR EMPLOYERS 5 Employer Goals and Targets Requirements for Major Employers Barriers to Achieving Goals III. IMPLEMENTATION 9 Roles and Responsibilities Program Administration and Support Supportive Plans, Policies, and Programs City of Arlington Comprehensive Plan Community Transit: Transit Development Plan Curb the Congestion Other JURISDICTION TDM Plans, Policies and Programs IV. FINANCIAL PLAN 13 CTR Program Costs and Resources Supportive TDM Program Costs and Resources V. CONSULTATION AND REVIEW 16 APPENDICES Appendix A: Current Program Participants A-1 Appendix B: Comprehensive Plan Policies that Support CTR A-2 Appendix C: Maps A-6 Appendix D: Employer Workshop Summary A-9 City of Arlington 3 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington INTRODUCTION The Commute Trip Reduction (CTR) Plan for the City of Arlington outlines policies and strategies to improve air quality and reduce traffic congestion through employer-based transportation programs that encourage the use of alternatives to single-occupant vehicle trips for commute purposes. This plan as well as previous CTR plans and ordinances has been developed to meet the requirements of the Washington State Commute Trip Reduction Act (RCW 70.94) initially adopted in 1991. In 2015, the Washington State Legislature updated the program to allow greater flexibility at the jurisdiction level to apply transportation demand management (TDM) strategies that better address local conditions. This plan has been prepared in accordance with those revisions. This plan applies to “affected major employers” in the City of Arlington who employ 100 or more full- time employees at a single worksite and who are scheduled to begin their work day on weekdays between 6:00 a.m. and 9:00 a.m. The plan also applies to “voluntary employers” who choose to participate in the program even though they do not meet the criteria to be affected. The plan sets a goal for these worksites of increasing non-drive alone trips by 7% between 2017and 2019. Building upon the accomplishments of the existing commute trip reduction program, as well as other successful TDM strategies, the plan outlines strategies the City of Arlington, along with other agencies, will implement to assist employers in meeting the goals of the plan. Revisions are also being made to the City of Arlington Commute Trip Reduction Ordinance (AMC 10.80) to coincide with this update. PROGRAM HISTORY For over 25 years, jurisdictions in Snohomish County have partnered with state, regional and local agencies to implement the Commute Trip Reduction program with the goal of improving air quality and reducing traffic congestion. The Washington State Commute Trip Reduction Act (RCW 70.94) was adopted in 1991. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which focused the CTR program on urban growth areas t hat were experiencing the greatest automobile-related air pollution and traffic congestion. In 2013, the Washington State CTR Board approved a four-year pilot rulemaking experiment to evaluate new trip reduction strategies, improve performance measurement and identify administrative efficiencies. City of Arlington, along with 7 other jurisdictions in Snohomish County and the city of Bothell, were selected to participate in an alternate CTR program during the pilot period. The alternate plan focused program resources in the areas with the greatest trip reduction potential. It streamlined worksite reporting and moved data collection from a biennial survey to a daily online trip calendar using the states online ridematching and calendaring system, RideshareOnline.com. This plan uses the flexibility provided within the 2015 CTR law r evisions to continue the successful strategies of the pilot alternate plan program. PAST PROGRAM PERFORMANCE The CTR program performance analysis below shows the effect of commute habits of approximately 26,000 employees from CTR affected major employers in eight Snohomish County jurisdictions and the city of Bothell in 2015. The table below compares employee commute information from the 4th quarter of 2014 with associated information from 2015. The comparison shows that commuters at these worksites chose City of Arlington 4 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington to take almost 15,000 more non-drive alone commute trips during that period, more than a 15% improvement. BENEFITS OF THE CTR PROGRAM The impacts and benefits to the City of Arlington of the Commute Trip Reduction (CTR) program reaches beyond the employments sites. CTR has continued to grow as the county grows and the program can be used to address a variety of transportation and environmental issues, especially as our ability to add capacity to roadways becomes a challenge: Meeting State and County Climate Change Goals – In Snohomish County 62% of greenhouse gas emissions are attributable to transportation. By working to reduce vehicle miles traveled, CTR supports both the Governor’s and County Executive’s executive orders on climate change and reduction of GHG. In the last year alone, the CTR program in Snohomish County and the city of Bothell reduced greenhouse gas emissions by over 8 million pounds of carbon dioxide. Avoiding the costs of Roadway Expansion – The cost of expanding roadways is increasing. In many cases it is more cost effective to manage demand than to continue expanding supply. Meeting the needs of increased urbanization – By 2035, the Snohomish County population is expected to grow by over 230,000 and employment is estimated to increase by almost 150,000 jobs. Most of this growth will go to the areas that are already urbanized. These are also areas where traffic problems are significant and alternative modes can be effective. Energy costs – Rising and unpredictable fuel costs have put strains on the personal budgets of the residents of Snohomish County. The CTR program, through subsidies and assistance with lower cost commuting options, can help commuters meet their household needs. Consumer preferences and market trends – CTR is addressing current consumer preferences in which more consumers want to live in multi-modal communities where it is possible to walk and bicycle safely, use neighborhood services, and have access to quality public transportation. Other environmental concerns – CTR helps to address concerns over air pollution, depletion of natural areas, and other environmental impacts by reducing the demand for automobiles. For each car that is taken off the road, there is a significant benefit to the environment. 2014 – 4th Quarter 63,040 2015 – 4th Quarter 72,617 Difference 9,577 Percent Change +13.19% City of Arlington 5 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington I. LOCAL PROGRAM ASSESSMENT AFFECTED MAJOR EMPLOYERS The Washington State Commute Trip Reduction Efficiency Act (RCW 70.94.521-555) and the Washington Administrative Code (WAC 468-63) require that major employers in the most congested urban growth areas (UGA) in the state develop and implement a program to encourage their employees to increase their use of non-drive alone transportation options. The act defines a major CTR employer as one that employs 100 or more full-time employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on at least two weekdays for at least twelve months. In Snohomish County the affected UGAs includes the Southwest, Marysville, Arlington, Lake Stevens, Snohomish, and Monroe. The number of major employers in the City of Arlington fluctuates and will vary during the life of this plan. A table listing the current major employers is in Appendix A. In addition to the major work sites there are other employer sites in the program that are defined as “voluntary”. These sites are involved for a variety of voluntary reasons including the desire to mitigate traffic and environmental impacts at their worksite and decrease the cost of commuting for their employees. LAND USE AND TRANSPORTATION CONDITIONS AT MAJOR EMPLOYMENT SITES The City of Arlington is currently working towards providing walkable communities and complete streets throughout the city. The City has identified 5 focus areas where commercial, industrial and higher density housing will most likely occur within the city. The focus areas include: Central Industrial Area, Airport Business Park, Island Crossing, State Route 9 Roundabo ut Area, and Manufacturing Industrial Center, South of 172nd Street (see Appendix C: Maps). It would be expected that future major employers would also be located in these areas. Community Transit currently provides transit service to some of these areas, but most of the areas have little or no transit services available. II. TRIP REDUCTION STRATEGY FOR MAJOR EMPLOYERS Local jurisdictions with affected major employers are required to develop programs and strategies for successful CTR programs that comply with the guidance and minimum requirements of the Washington State Commute Trip Reduction Efficiency Act (RCW 70.94.521) and the Washington State Commute Trip Reduction Board. Eight Snohomish County jurisdictions (Arlington, Edmonds, Lynnwood, Marysville, Monroe, Mukilteo, Mountlake Terrace, and Snohomish County) and the city of Bothell have worked together with Community Transit to develop common goals, requirements, and strategies that will provide for a successful and coordinated CTR program. EMPLOYER GOALS AND TARGETS This plan sets a goal for affected major employment worksites of increasing non-drive alone trips by 7% from a 2017 baseline level by 2019. This goal is a target, and failure to achieve the goal is not a violation of state law or local ordinance. Progress towards the trip goal will be based on non-drive alone trip counts recorded in the RideshareOnline.com calendaring system. Targets for newly affected CTR worksites will be determined from their time of entry into the program based on the two-year goals. For these sites, a baseline assessment of employee commute habits City of Arlington 6 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington will be completed within 90 days of approval of CTR program and a target set for the worksite for the remaining period of the CTR plan period. REQUIREMENTS FOR MAJOR EMPLOYERS To achieve the goals and targets, major employers that are voluntary or affected by the CTR Law are required to implement the following program elements: Required Element Description Designate Employee Transportation Coordinator and administer the organization’s CTR program. He/she to track the employer’s progress in meeting CTR requirements. Regular Distribution of Information to Employees a description of the employer’s wor CTR Reporting Quarterly RideshareOnline.com Data Collection Implementation of a Set of Measures City of Arlington 7 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Telework, compressed work week, or flexible work schedule Other non-single occupant vehicle modes Measures to reduce drive alone trips and vehicle miles traveled include, but are not limited to: Provision of preferential parking or reduced parking charges for high occupancy vehicles Instituting or increasing parking charges for single- occupant vehicles Provision of commuter ridematching services Provision of subsidies for transit fares Provision of vans for vanpools Provision of subsidies for carpooling or vanpooling Permitting the use of employer’s vehicles for carpooling or vanpooling Permitting flexible work schedules Cooperation with transportation providers to provide additional regular or express service to the work site Provision of bicycle parking facilities, lockers, changing areas and showers Provision of a program for parking incentives such as a rebate for employees who do not use the parking facility Establishment of a program to permit employees to work part or full time at home or at an alternative work site closer to their homes Establishment of a program of alternative work schedules such as compressed work week schedules (such as 4/40 or 9/80) Implementation of measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi service Employers or owners of worksites may form or utilize an existing Transportation Management Association (TMA) or other transportation-related associations to assist members in developing and implementing commute trip reduction programs ETC Training The employer ETC will attend an ETC basic training session within six months of appointment. Employer Notification The employer will notify the jurisdiction or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or significant changes in number of employees at the worksite. City of Arlington 8 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington ETC Networking/ Advanced Training The employer ETC will attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings. Annual Worksite Promotion of Employer CTR Program Employers will be required to hold at least one annual “transportation fair” or equivalent promotion which is available to all employees at each CTR-affected worksite. Compliance, Violations, and Penalties for Noncompliance - There are no violations for failure to achieve CTR goals, only for failure to make a CTR good faith effort. Civil penalties may be assessed for violations as defined in AMC 10.80.130. Violations and penalties can be appealed to the Hearing Examiner. Appeals of the Hearing Examiner's decisions may be made to the City Council. BARRIERS TO ACHIEVING GOALS The following barriers to the achievement of the program goals have been identified: Transit Service – While about half of the affected employment sites in the City of Arlington are located near good transit service, some of the employment sites have little or no transit service. Pedestrian Pathways – Some of the sites near transit have barriers caused by poor pedestrian pathways between the business and transit or the business and other needed services which make the use of an auto necessary. Abundant Free Parking – Consistent with the business and industrial park location is the abundance of free parking. Most of the CTR-affected worksites in the City of Arlington offer free parking to their employees and in most cases there is no constraints on parking capacity. Parking management is difficult in most of these cases because of large amounts of available off-site parking with the potential for spill-over impacts on neighboring properties. Ability to Implement Telework and Flexible Schedules – As an effective technique to reduce greenhouse gas emissions (GHG), telework and the flexible scheduling of employees can be a strong strategy among CTR worksites. The barriers to these techniques are often tradition and the culture of business. There is a perception among the management at some CTR employers that alternative work schedules can result in decreased employee productivity. There are also often technological problems with connecting a remote employee with the businesses systems. Lack of Employee Transportation Coordinator (ETC) Support – The ETC is the backbone of any CTR program but at many sites the ETC is not given the opportunity to succeed because of training or lack of time and resources. ETC success is often dependent on the support that the ETC is getting from the management of the company. An employer program where t he ETC is not getting the training and support necessary from within the company will not City of Arlington 9 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington III. IMPLEMENTATION ROLES AND RESPONSIBILITIES City of Arlington plans to work in partnership with Community Transit, the Puget Sound Regional Council (PSRC), WSDOT, other affected Snohomish County jurisdictions, and its affected worksites to implement the CTR plan. Implementation of the plan will be carried out predominantly by the following parties: Major Employers – The most important partners in the success of this plan are the participating employers. These employers are responsible for designing and implementing CTR programs consistent with the program goals and requirements as outlined in Section II of this plan. This includes developing a program, designating an ETC, delegating adequate time for ETCs to perform duties, distributing information on the program to employees, submitting program reports, and other necessary or desired elements. Community Transit – The role of Community Transit is also critical to the success of this plan. For more than twenty-five years, Community Transit has worked with employers to develop and implement successful CTR programs. Through agreements with each CTR-affected jurisdiction and the Washington State Department of Transportation (WSDOT), Community Transit will be responsible for employer outreach, education and training, program review, and administering the employer data collection process. Community Transit also manages and implements the Curb the Congestion program, another tool in the employer trip reduction toolkit. Transit Service Providers – Quality transit service is important for the success of this plan, Community Transit is the provider of vanpool and transit services to the CTR worksites in the City of Arlington In addition to Community Transit, Everett Transit and Sound Transit also provide bus service to many employment areas in Snohomish County. City of Arlington – City of Arlington is responsible for developing and implementing the local CTR plan and ordinance and ensuring that CTR plan is consistent with the City of Arlington comprehensive plan. The City of Arlington is also responsible for ensuring that CTR worksites are in compliance with the City of Arlington CTR ordinance. The City of Arlington will work with Community Transit, the Puget Sound Regional Council (PSRC), WSDOT, and the other Snohomish County jurisdictions to develop and fund the programs necessary to meet the CTR plan goals. PROGRAM ADMINISTRATION AND SUPPORT Community Transit will provide technical assistance and marketing incentives to help affected major employers meet the requirements and achieve their goals. Employer Notification and Enforcement – Community Transit acts as the liaison between City of Arlington and major affected employers and assists with preparation of notification documentation and enforcement recommendations. Employer Assistance – Through a long-term agreement with each CTR-affected jurisdiction and WSDOT, Community Transit works with affected and voluntary employers to develop and successfully implement CTR programs. This assistance includes: ETC Development and Support - The ETC is an integral part of the trip reduction program. Their job duties should include coordination of annual fairs, conducting promotions, distributing information, notifying the City of Arlington about program changes, and the collection and reporting of data. Community Transit provides training courses, networking meetings, and other City of Arlington 10 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington assistance to the ETC designed to help meet the requirements of the program and increase the success of this key person. Program and Strategy Development – Community Transit provides consultation with employers to help worksites design and develop appropriate trip reduction strategies. Strategies may include carpool and vanpool programs, parking management, incentives programs, bicycling and walking programs, alternative work schedules, and telework programs. Promotions – Community Transit works with employers to design and conduct promotions, on- site transportation fairs, and other special events to increase awareness and use of commute alternatives. Assistance includes design and provision of materials, promotional items, staffing information booths and on-site ridematching. Incentives – Community Transit provides incentives to employees at affected worksite, such as the quarterly Smart Commuter Rewards program, to encourage the use of non-drive alone commute modes. Guaranteed Ride Home – Through an agreement with the employer, Community Transit offers emergency transportation to employees who choose an alternative to driving alone. Transit Pass Programs – Community Transit can work with employers to help identify appropriate ORCA Business Account programs for worksites. Transportation Services – Transportation service providers provide alternative transportation options to single occupancy vehicle commuting. Vanpool Services – Community Transit operates one of the largest vanpool programs in the nation. Vans are provided to groups of 5-15 commuters who pay a monthly fare based on travel distance and number of passengers. Transit Services – Community Transit, Everett Transit and Sound Transit provide bus and commuter rail service within Snohomish County. Community Transit staff assists ETCs with identifying potential riders, planning individual trips and marketing specific routes. Transit schedules and on-site transit pass programs are also available. SUPPORTIVE PLANS, POLICIES, AND PROGRAMS City of Arlington, Snohomish County and other local partner agencies have developed and implemented a variety of plans, policies and programs that support and increase the impact of commute trip reduction in the City of Arlington. City of Arlington Comprehensive Plan and 2035 Transportation Plan By 2035, the City expects to have a 40% increase in population, which is expected to cause a significant increase in vehicle trips per day in newly developed or redeveloped areas. The City’s Comprehensive Plan lays out a 20-year strategy to address this growth. A central tenant of the plan is support for multimodal transportation to address the increased traffic that is expected to come with growth. The City of Arlington Comprehensive Plan was updated in July 2015 and includes many policies that support CTR and Transportation Demand Management strategies. The City is continuing to implement these policies which promote non-SOV travel through transit supportive land uses with higher densities, horizontal mixed use development and transit oriented development, reducing City of Arlington 11 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington parking requirements, providing pedestrian access to transit facilities, and incorporating transit facilities into roadway improvement projects. The City’s Transportation Plan addresses the increased demand that will be placed on Arlington’s transportation network resulting from growth and land use planning/zoning changes outlined in the 2015 Comprehensive Plan. Five focus areas were identified as being the most suitable for future residential, industrial and retail growth; specific attention was placed on impacts to the transportation systems passing through these areas. In these focus areas, increased use of transit, bicycling and walking can more easily be supported. Future growth in the program would be expected in these areas where a CTR-type strategy can be more effective. The Transportation Element of the comprehensive plan discusses numerous roadway improvement projects on city roads to address congestion and safety problems. Urban roadway projects include, providing increased bicycle and pedestrian facilities, supporting transit programs, investment of new sidewalk and trail systems, installation of complete streets, reducing the impact on air quality and reducing the number of single-occupancy vehicular trips. The TIP which is the city’s six-year transportation investment plan includes $1,572,300 for non- motorized facilities. These projects include: Multimodal/Complete Streets Plan, 2 nd Street Sidewalk Project, 204th Street Trail, 74th Avenue Trail, Highland Drive Sidewalks, and Gilman Trail. The Appendix B includes an analysis of the comprehensive plan goals and policies that support CTR. The comprehensive plan policies have been reviewed for consistency with this plan and with state law. Community Transit: Transit Development Plan 2016-2021 Community Transit’s Transit Development Plan (TDP) and Long Range Plan look ahead to forecast sales tax revenue, and to match proposed future service expansions with the labor and fleet needed to provide that service. By 2021, Community Transit will need 167 new buses t o replace aging vehicles and expand its fleet by more than 60 buses. The agency operated 235 buses in 2015. In addition, the agency will need to hire approximately 200 new employees over the next six years, primarily bus drivers and mechanics. There are currently 627 people who work for the agency. Community Transit plans a service expansion that will add about 138,000 hours of service, or a 40 percent increase over 2015 service levels. That expansion added two new routes in September 2016 and will add more bus trips throughout the system in both September and March 2017. In fall 2017, the TDP outlines the desire to add more new trips on existing routes with a focus on commuter routes to Seattle. Many of those buses are standing room only, but more buses need to be purchased and delivered in order to expand peak -time operations. In 2019, a major service expansion would include the launch of Swift Green Line, Community Transit’s second bus rapid transit (BRT) line, between Canyon Park and Boeing/Paine Field. The service proposals beyond this year are concepts and will need to be vetted by Community Transit’s Board of Directors each year. Within the six-year timeframe, a third Swift route will be studied with the intent to launch as part of a south county service restructure to meet up with Sound Transit’s Link light rail when it reaches Lynnwood in 2023. Eventually, a network of Swift lines will crisscross the county to provide fast, frequent transit connections throughout Snohomish County. City of Arlington 12 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Curb the Congestion This origin-based transportation demand management (TDM) program targets strategies to where commuters begin their travel. Community Transit, in partnership with Snohomish County, developed Curb the Congestion, a progressive, community-based TDM program proven to reduce single occupancy vehicle trips on congested corridors in Snohomish County through a focus on both commute and non-commute trips. Program corridors include (as of January 2017): 128th Street, 164th Street, 196th Street, Bothell-Everett Highway, Highway 99, I-405 and Highway 522. Snohomish County funds Curb the Congestion on 128th Street, 164th Street, 196th Street, Highway 99 and Bothell-Everett Highway in partnership with Community Transit using a regional Congestion Mitigation and Air Quality (CMAQ) grant. The I-405 Regional Mobility Grant funds Curb the Congestion on I-405 (from Lynnwood to Highway 522) and Highway 522 (from Monroe to Bothell). Both funding partners utilize Curb the Congestion as part of a stra tegy to alleviate traffic in congested corridors during peak commute hours. This program has produced measurable results, fostering long -term behavior change. In 2015, Curb the Congestion eliminated 398,381 drive alone trips on the 6 target corridors and reduced vehicle miles driven by 7 million miles. The program also demonstrated valuable environmental benefits, by preventing 3.7 million pounds of carbon dioxide from being emitted. Developer Transportation Demand Management (TDM) Rather than increasing capacity, TDM measures are aimed at reducing the transportation demand generated. In addition to physical improvements to the multi -modal network, the City has TDM measures in place that will use existing capacity more efficiently, increase capa city for motorized transportation, or reduce the peak period transportation demands, such as: Encouraging land use patterns that facilitate multi-purpose trips and reduce trips by single- occupancy vehicles. Requiring new construction to include sidewalks, bicycle storage/parking, and access to mass transit where possible. Providing bicycle lanes on arterial and collector streets. Constructing a bicycle path and pedestrian trail that connects schools and downtown area with athletic fields and parks. Working with Community Transit to encourage transit compatibility for new development. Encouraging pedestrian-scale neighborhoods to enhance access and mobility. Under the City of Arlington’s development code, developers may be required help mitigate the impacts of development. Under AMC Chapter 20.72.110, developers are required to provide bicycle parking facilities for multi-family developments. Developers have several options on how they can reduce the amount of vehicular parking spaces required: Transit: Subject to AMC §20.72.086 (Maximum Cumulative Reduction of Required Parking Spaces), a reduction of up to ten (10) percent of the required parking spaces may be granted for any use, building or complex other than for convenience or retail use categories locate d with four hundred (400) feet of any stop on a regularly scheduled transit route. The reduction in parking space supply applicable to the provision of transit services may be further modified by conditions in any community, as these may be reviewed and reported by qualified parking consultant or by the Responsible Official at his or her discretion. City of Arlington 13 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Carpooling / Vanpooling: Subject to AMC §20.72.086 (Maximum Cumulative Reduction of Required Parking Spaces), a reduction of up to ten (10) percent of required parking, based on substantiated projections of reduction in parking demand, may be granted for any building or use exceeding fifty thousand (50,000) square feet GLA that institutes and maintains a locally approved carpooling/vanpooling program. Such reduct ion may be terminated immediately upon failure of the owner, operator, tenant, or others responsible for such programs to maintain such programs in an ongoing and acceptable manner. Shuttle Service: Subject to AMC §20.72.086 (Maximum Cumulative Reduction o f Required Parking Spaces), a reduction of up to fifteen (15) percent of required parking, based on substantiated projections of reduction in parking demand, may be granted for any building or use that institutes and maintains a continuous, personalized sh uttle service. Said reduction may be terminated immediately upon failure of the owner, operator, tenant or others responsible for such program to maintain such program in an ongoing and acceptable manner. Reduction in the total number of required parking spaces granted for the provision of alternative transportation services (AMC §20.72.084, Reductions in Parking Space Requirements for Provisions of Alternative Transportation) or for protecting significant trees (AMC §20.76.120(g) Retention and Protection of Significant Trees) shall not exceed a total of thirty (30) percent. Bicycle Parking Facilities: o All multi-family uses in excess of four units shall provide parking facilities for bicycles at a ratio of 1 “stall” per every ten required parking spaces. o Except in the Old Town Business District 1, where bicycle parking facilities are anticipated to be provided as part of public/private redevelopment projects, all commercial and public uses shall provide “stalls” for bicycles at a ratio of 10% of the required automobile parking spaces required for a business or group of businesses. After 20 “stalls” have been provided by any business or group of businesses, the ratio shall be 5% of the total required automobile parking spaces. o A bicycle “stall” shall include a delineated and safe parking area, and an appropriate structure to which bicycles can be locked. IV. FINANCIAL PLAN City of Arlington and the other eight jurisdictions working together on this CTR plan have developed a joint financial plan outlining the estimated costs and the resources needed for program success. CTR PROGRAM COSTS & RESOURCES Costs Table 1 is a summary of the estimated costs necessary to maintain the CTR program through 2019. Community Transit will administer and implement the CTR program. City of Arlington will provide the development, adoption, and implementation of the CTR plan and ordinance including code revisions, additions to the comprehensive plan, and any necessary enforcement. City of Arlington 14 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Table 1: CTR Program Costs 2017-2019 CTR Administration* Community Transit $125,000 $125,000 $125,000 CTR Services** Community Transit $200,000 $200,000 $200,000 Ordinance and Plan Maintenance/Compliance*** City of Arlington $5,000 $5,000 $5,000 * Includes program administration, promotions, marketing, guaranteed ride home, outreach and education. **Includes program staff time, outreach and education. ***The City uses existing staff time to complete the CTR Program. Identified Resources The resources for the programs administered for the CTR worksites come from a number of sources as shown in Table 2. WSDOT provides funds to cover some of the costs of administering the CTR program. Community Transit provides the resources to cover the remainder of the administration costs and for the outreach and marketing. City of Arlington will provide the resources necessary to for maintenance and compliance with the CTR ordinance. Table 2: Identified Resources for CTR Program 2017-2019 Description Source of Revenue Identified Revenue 2017 Identified Revenue 2018 Identified Revenue 2019 Ordinance and Plan Maintenance/Compliance* City of Arlington $5,000 $5,000 $5,000 CTR Administration WSDOT $125,000 $125,000 $125,000 CTR Services Community Transit $200,000 $200,000 $200,000 TOTAL $ 330,000 $ 330,000 $ 330,000 * The City uses existing staff time to complete the CTR Program Employer funding – Missing from the tables above are the considerable resources that employers put into this program. Based on data from CTR worksite reporting, for every $1 invested by state CTR funding, businesses invest $18 toward meeting CTR program goals. SUPPORTIVE TDM PROGRAM COSTS & RESOURCES Costs Table 3 is a summary of the estimated costs for other transportation demand management (TDM) programs, strategies and measures that will support commute trip reduction in the City of Arlington through 2019. These supportive strategies target residents and small employers through the county’s corridor TDM program, Curb the Congestion. The availability of these additional resources and incentives can increase the impact of trip reduction for CTR affected employees along targeted corridors. City of Arlington 15 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Table 3: Supporting TDM Program Costs 2017-2019 Curb the Congestion* Community Transit $739,000 $504,000 $384,000 *Includes program costs for management and implementation of the Snohomish County program on 128th/164th/196th/SR 527/SR 99 and the WSDOT/King County program on I-405 and SR 522. Identified Resources Curb the Congestion is funded through a variety of sources as shown in Table 4. Snohomish County has sponsored Congestion Mitigation and Air Quality (CMAQ) grants through PSRC to fund the 128th/164th/198th/SR-527/SR-99 program. Snohomish County and Community Transit are providing matching funds for these grants. The Snohomish County matching funds will come from developer TDM mitigation fees. The SR-522 and I-405 programs are also receiving funding through the state Regional Mobility grant program. Table 4: Supporting TDM Program Resources 2017-2019 Description Source of Revenue Identified Revenue 2017 Identified Revenue 2018 Identified Revenue 2019 Curb the Congestion 2012 CMAQ Grant WSDOT $160,000 Curb the Congestion 2012 CMAQ Grant Snohomish County $100,000 Curb the Congestion 2014 CMAQ Grant WSDOT $120,000 $120,000 Curb the Congestion 2016 CMAQ Grant Snohomish County $225,000 $325,000 $317,000 Curb the Congestion I-405 Regional Mobility King County $75,000 Curb the Congestion Grant Match/TDM Mitigation Snohomish County $34,000 $34,000 $42,000 Curb the Congestion Grant Match Community Transit $25,000 $25,000 $25,000 TOTAL $ 739,000 $504,000 $384,000 City of Arlington 16 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington V. CONSULTATION AND REVIEW Agencies: The CTR Plan for the City of Arlington was developed in consultation with the following agencies: City of Arlington City of Bothell City of Edmonds City of Lynnwood City of Monroe City of Mountlake Terrace City of Mukilteo Community Transit Snohomish County Puget Sound Regional Council Washington State Department of Transportation These consultations were done so as to present common plans and requirements across all of the CTR-affected jurisdictions in Snohomish County and the city of Bothell. The following issues were discussed at these coordination meetings: the goals of the CTR Plan, CTR strategies, a finan cing plan, an implementation plan, and coordination of CTR services. These meetings resulted in substantially similar plans among the jurisdictions in Snohomish County and the city of Bothell providing for continuity for the affected employers. Employers: Consultation with affected CTR employers was held on: September 27, 2016 These workshops were held for all affected employers in Snohomish County and the city of Bothell, and were also attended by all of the cities and transit agencies involved with CTR . During these workshops, employers were informed about the changes to state CTR law and were consulted as to what strategies should be used to meet the new requirements. A summary of these meetings is contained in Appendix C. Internal Review: APPENDICES City of Arlington A- 1 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington APPENDIX A: CURRENT PROGRAM PARTICIPANTS Work Site Address Status 1. City of Arlington 238 North Olympic Avenue Arlington, WA 98223 Affected 2. Cascade Valley Hospital 330 South Stillaguamish Avenue Arlington, WA 98223 Affected 3. Senior Aerospace - AMT 20100 71st Avenue NE Arlington, WA 98223 Affected 4. Washington State Department of Social and Health Services - DSHS 3704 172nd Street NE Arlington, WA 98223 Affected City of Arlington A- 2 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington APPENDIX B: COMPREHENSIVE PLAN POLICIES THAT SUPPORT CTR Supportive comprehensive plan goals and policies in the City of Arlington Comprehensive Plan. City of Arlington General Policy Plan: Land Use Neighborhood Conservation GL-1 c Old Town Business District PL-15.22 PL-15.25 Resource Protection PL-21.1 PL-21.3 City of Arlington : 2035 Transportation Plan System Development GT-1 The City of Arlington’s most current Comprehensive Transportation Plan adopted Council contains the City’s official plan for pedestrian movement via trails and walkways. PT-1.2 Land Use Coordination GT-2 PT-2.1 PT-2.2 Concurrency GT-3 PT-3.5 Sub-Area Standards for Traffic Facilities GT-4 PT-4.9 PT-4.10 City of Arlington A- 3 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Encourage new development to provide pedestrian access from the development to schools, parks, playgrounds, or other roads or facilities if such access is not conveniently provided by sidewalks adjacent to the streets as required above. In such a case, the developer may be required to reserve an unobstructed easement of at least 10 feet in width to provide this access. PT-4.12 Non-Motorized System Development GT-5 Provide for safe and efficient movement of bicycles and pedestrians along streets and highways by constructing sidewalks and other footpath systems as well as bicycle paths. PT-5.1 Encourage the use of bicycles as a transportation alternative by providing bicycle lanes on arterial and collector streets. PT-5.2 Provide adequate traffic signs to assist in safeguarding pedestrians, bicycle riders, and especially children on streets near schools and playgrounds. PT-5.3 Construct a bicycle path and pedestrian trail that connects the schools and downtown area with athletic fields/parks near the airport. PT 5.4 Revenue designated to sidewalk improvements should be prioritized to first facilitate safe movement for elderly and handicapped persons between residences and shopping/social activity centers, and facilitate safe movement for children to and from school facilities and school bus stops. PT 5.5 Provide ramps and curb cuts that comply with the Americans with Disabilities Act. PT 5.6 Provide street lighting along sidewalks to encourage nighttime use and safety. PT 5.7 Coordinate bicycle/pedestrian facility improvements, including the Centennial and Airport Trails, with neighboring jurisdictions to connect routes where possible. PT 5.8 Encourage private development to incorporate measures or facilities that encourage alternate modes of transportation, such as showers/dressing rooms, locker and bicycle lockers. PT 5.9 All new public facilities should incorporate measures or facilities that encourage alternate modes of transportation, such as showers/dressing rooms, locker and bicycle lockers. PT 5.10 Protect existing mass transit rights-of-way. PT 5.11 Develop and implement a Crosswalk Program that standardizes crosswalks and crossing devices at all locations where pedestrians, bicycles, trails or other non -motorized traffic cross a road. PT 5.12 Transit System Development GT-6 Continue to coordinate with all agencies and neighboring jurisdictions involved with public transportation, whether they be bus, HOV lanes, light rail, heavy rail, ride sharing, vanpooling, or other forms, to identify what is of best use to the citizens of the City and participate in those ventures and proposals which are of general and/or specific benefit to the citizens of the City. PT-6.1 Coordinate with surrounding communities to support public education programs and land use strategies to encourage the use of public transportation. PT-6.2 The City hereby adopts the transit levels of service used by Community Transit. PT-6.3 Encourage developers to consider public transportation in transportation plans submitted as part of development permit approval consideration. New developments should encourage PT-6.4 City of Arlington A- 4 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington van and carpooling, public transit use, and other alternatives to reduce single -occupancy vehicular travel. Encourage major employers to develop carpools, commuter routes, and provide company incentives if carpools are used. PT-6.5 Encourage and plan for “pedestrian scale” neighborhoods and centers to enhance access and mobility for public transportation users. PT6.6 Air Quality GT-13 The quality of air in and around the Puget Sound region is an important factor in the high quality of life enjoyed by residents living in our community. To help enhance and maintain high air quality standards, Arlington commits to meeting federal and state air quality requirements and will work with the state, region and local agencies or jurisdictions to develop transportation control measures and/or similar mobile source emission reduction programs that may be warranted to attain or maintain air quality requirements. PT-13.1 The City’s transportation system shall conform to the federal and state Clear Air Acts by maintaining its conformity with the Metropolitan Transportation Plan of the Puget Sound Regional Council and by following the requirements of Chapter 173-240 of the Washington Administrative Code, which may include development of transportation control measures and air quality programs. PT-13.2 The City supports regional and localized efforts to encourage environmentally sustainable transportation practices, including: (a) Promotion of cleaner travel choices and (b) Promotion of alternatives to driving alone – including carpooling, biking, telecommuting and using transit. PT-13.3 Multi-County Planning Policies – Vision 2040 Maintain and, where possible, improve air and water quality, soils, and natural systems to ensure the health and well-being of people, animals and plants. Reduce the impacts of transportation on air and water quality, and climate change. MPP-En-3 Continue efforts to reduce pollutants from transportation activities, including through the use of cleaner fuels and vehicles and increasing alternatives to driving alone, as well as design and land use. MPP-En-19 Reduce greenhouse gases by expanding the use of conservation and alternative energy sources and by reducing vehicle miles traveled by increasing alternatives to driving alone. MPP-En-23 Design communities to provide and improved environment for walking and bicycling. MPP-DP-43 Promote cooperation and coordination among transportation providers, local government, and developers to ensure that joint- and mixed-use developments are designed to promote and improve physical, mental, and social health and reduce the impacts of climate change on the natural and built environments. MPP-DP-45 Develop concurrency programs and methods that fully consider growth targets, service needs, and level-of-service standards. Focus level-of-service standards for transportation on the movement of people and goods instead of only on the movement of vehicles. MPP-DP-54 Address non-motorized, pedestrian, and other multimodal types of transportation options in concurrency programs – both in assessment and mitigation. MPP-DP-55 Prioritize investments in transportation facilities and services in the urban growth area that support compact, pedestrian- and transit-oriented densities and development. MPP-T-11 City of Arlington A- 5 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Design, construct, and operate transportation facilities to serve all user s safely and conveniently, including motorists, pedestrians, bicyclists, and transit users, while accommodating the movement of freight and goods, as suitable to each facility’s function and context. MPP-T-14 Improve local street patterns – including their design and how they are used – for walking, bicycling, and transit use to enhance communities, connectivity, and physical activity. MPP-T-15 Promote and incorporate bicycle and pedestrian travel as important modes of transportation by providing facilities and reliable connections. MPP-T-16 Emphasize transportation investments that provide and encourage alternatives to single - occupancy vehicle travel and increase travel options, especially to and within centers and along corridors connecting centers. MPP-T-23 Increase the proportion of trips made by transportation modes that are alternatives to driving alone. MPP-T-24 Ensure mobility choices for people with special transportation needs, including persons with disabilities, the elderly, the young, and low-income populations. MPP-T-25 Strategically expand capacity and increase efficiency of the transportation system to move goods, services, and people to and within the urban growth area. Focus on investments that produce the greatest net benefits to people and minimize the environmental impacts of transportation. MPP-T-26 Promote the preservation of existing rights-of-way for future high-capacity transit. MPP-T-29 City of Arlington A- 6 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington APPENDIX C: MAPS City of Arlington A- 7 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington City of Arlington A- 8 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington City of Arlington A- 9 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington City of Arlington A- 10 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington APPENDIX D: EMPLOYER WORKSHOP SUMMARY Employer Networking Meetings Tuesday, September 27, 2017, 2:00 – 3:30 p.m., Everett Clinic Smokey Point Thursday, September 29, 2016, 2:00 – 3:30p.m., Community Transit Meeting Summary Two employer networking meetings were held to review the proposed changes to the jurisdiction CTR plans. ETCs and their management were invited to the meetings via email. Community Transit presented a basic overview of the proposed changes to the CTR Plans for the Employee Transportation Coordinators (ETCs) affected by the CTR law. The CTR Plan review for the nine jurisdictions in Snohomish County and the City of Bothell (Edmonds, Bothell, Lynnwood, Marysville, Monroe, Mountlake Terrace, Mukilteo and Unincorporated Snohomish County) included the following: Review of the current CTR program under the pilot Pilot program successes Proposed 2017 – 2019 CTR program Next steps The overview discussed that there would be no changes to employer requirements for the worksites located in the Southwest Urban Growth Area of Snohomish County. Worksites located in Arlington, Marysville and Monroe would follow the same requirements as the worksites located in the SWUGA beginning in July 2017. The requirements unique to these CTR Plans include completion of quarterly reports and online trip data collection using RideshareOnline.com instead of annual reports and biennial surveys as well as a target of a 7% increase in non-drive alone trips over the established baseline. All other state and local requirements will still apply. Each jurisdiction then discussed their specific plans with the ETCs that have worksites in their jurisdictions. A summary of those discussions is below. CITY OF BOTHELL In attendance: Sabrina Combs, City of Bothell Karen Sprague, FUJIFilm Sonosite City of Arlington A- 11 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Pamela Michie, Randstad Phyllis Gillman, Vertafore Tanya Julson, T-Mobile Tina Bailey, Seattle Genetics Alex Mehn, Community Transit Group discussion: Quarterly reporting is simple. Networks in RSO have confused some employees but ETC assistance can help ensure correct network association. Worksite with contracted outside employees creating a strain on the worksite programs. Infrastructure improvements on local corridors would improve the motivation for carpooling. CITY OF MUKILTEO In attendance: Brian Belin, Boeing Camron Fichtner, Synrad Marko Liias, City of Mukilteo Megan Ranes, Travis Pamela Tyler, Boeing Stacey Gunnerson, Community Transit Group discussion: Tracking trips in RSO is helpful, one worksite is doing the survey and annual reporting for their worksites outside CT jurisdiction and they strongly prefer using RSO. More training on how to use communication tools in RSO would be helpful. Employees are often confused by the Wheel Options campaign as it looks different than the other RSO pieces and the link is different so people are often confused if they have to log trips in both places to be eligible for both Choice Connections and Wheel Options. Getting information for Wheel Options more in advance would be helpful for worksite promotion. Worksites would like more support and resources to encourage a bicycle commute. Including onsite training for their employees on bicycle basics as well as trip planning. Financial resources for worksite bike investments would help to increase bicycle trips. City of Arlington A- 12 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Several employers would like to see support from Community Transit for safe routes to schools within Snohomish County and specifically the City of Mukilteo. Major challenge for the majority of these worksites continues to be the limited bus service on Beverly Park Road. NORTH COUNTY – ARLINGTON, MARYSVILLE AND MONROE In attendance: Angela Gemmer – City of Marysville Jeanne Killgore – The Everett Clinic Smokey Point Amy Rusko – The City of Arlington Gail Ogden – Senior Aerospace AMT Kathy Gaeta – Natural Factor Shannon Flaugh – Cascade Valley Hospital Alex Mehn – Community Transit Caryn Walline – Community Transit Debbie Anderson – Community Transit Jennifer Hass – Community Transit Stacey Gunnerson – Community Transit Group discussion: It is a challenge to get CTR participation and to figure out which of their employees are actually using an alternative to driving to work alone. Some concern about the 7% trip reduction goal over the next two years, and whether it will be achievable. Employers that offer an incentive program see a benefit to tying their incentive directly to tracking trips in RSO. ETCs will need onsite support to transition to RSO as well as continued training on RSO since they aren’t really using the system at this time. UNINCORPORATED SNOHOMISH COUNTY In Attendance: Cheryl Carder – Aviation Technical Services Melissa Angelo – Aviation Technical Services Jessie Gentle – BE Aerospace Alan Douglas – Cypress Semiconductor Tonya Denny – Eldec Sylvia Peacock – Trade Products Caryn Walline – Community Transit Group Discussion: City of Arlington A- 13 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Worksites stated that they liked the new reporting and data collection method through RSO, and appreciated being able to get information on employees on a more regular basis. One worksite mentioned that employees are confused by the different incentive programs in RSO and suggested that we create a piece of collateral that showed how they all relate and who qualifies for which program. There was some concern that the 7% goal would be unachievable for the two year period, but the ETCs had no problem with that being the stated goal for the plan. Comments on advanced training: o Interested in having recorded trainings for ETCs who can’t commit to a full training. They would prefer to be able to watch it in sections when time allows in their work day. o Have more in person training options available. o Allow for different times for trainings. Mountlake Terrace In Attendance: Kevin Kullberg – Premera Blue Cross Edith Duttlinger – City of Mountlake Terrace Debbie Anderson – Community Transit Group Discussion: Worksites stated that they liked the new reporting and data collection method through RSO, and appreciated being able to get information on employees on a more regular basis. One worksite mentioned that in person transportation events are no longer feasible at the worksite and consideration should be given to alternative to meet the requirement such as virtual events. The ETC had no problem with a 7% increase in non-drive alone trips as the stated goal for the plan. Edmonds and Lynnwood In Attendance: Bertrand Hauss – City of Edmonds Karen Westling – Swedish Edmonds Mark Melnyk – Swedish Edmonds Sarah Daoust – Edmonds Family Medicine Janet David – DSHS Lynnwood Kelvin Nesvog – Edmonds Community College Paul Coffett – City of Lynnwood City of Arlington A- 14 February 2017 DRAFT Commute Trip Reduction Plan The City of Arlington Megan Tudor – City of Lynnwood Jennifer Hass – Community Transit Group Discussion: ETCs shared that they have no concerns with the current program. ETCs had no specific comments regarding the proposed CTR plan. Exhibit A, Commute Trip Reduction Ordinance Page 1 DRAFT Chapter 10.80 COMMUTE TRIP REDUCTION Sections: 10.80.010 Title. 10.80.020 Jurisdiction. 10.80.030 Purpose. 10.80.040 Administration. 10.80.050 Definitions. 10.80.060 City’s CTR plan. 10.80.070 Responsible city agency. 10.80.080 Applicability—Timeline for compliance. 10.80.090 Requirements for employers. 10.80.100 Record keeping. 10.80.110 Schedule and process for CTR reports. 10.80.120 Enforcement. 10.80.130 Exemptions and goal modifications. 10.80.140 Appeals. 10.80.010 Title. The ordinance codified in this chapter shall be known as the “commute trip reduction ordinance of City of Arlington”. 10.80.020 Jurisdiction. The requirements set forth in this chapter shall apply to all major employers at any single worksite within the incorporated area. 10.80.030 Purpose. The purpose of this ordinance is to comply with the statewide Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.555; Chapter 202, Laws of 1991) as amended in 2006 by the Commute Trip Reduction Efficiency Act. The commute trip reduction ordinance shall not be used as a substitute for reviews of projects under other city requirements for compliance with the State Environmental Policy Act (SEPA). 10.80.040 Administration. The City Administrator or designee shall have the duty and responsibility to administer the provisions of this chapter with the authority to promulgate rules and regulations to implement and administer this chapter. Exhibit A, Commute Trip Reduction Ordinance Page 2 10.80.050 Definitions. “Affected employee” means a full-time employee who begins their regular work day at a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays for at least twelve continuous months. For the purpose of defining affected employees the following apply: A. A full-time employee is a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week. B. The employee will only be counted at his or her primary worksite. C. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. “Affected urban growth area” means: A. An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person hours of delay threshold calculated by the Washington State Department of Transportation, and any contiguous urban growth areas; and B. An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or C. An urban growth area identified by the Washington State Department of Transportation as listed in WAC 468-63-020(2) (b). “Alternative mode” means any means of commute transportation other than that in which the drive-alone motor vehicle is the dominant mode, including teleworking and compressed work weeks if they result in reducing commute trips. “Alternative work schedules” means work schedules which allow employees to work their required hours outside of the traditional Monday through Friday eight a.m. to five p.m. schedule. Programs such as compressed work weeks that eliminate work days for affected employees are an example. “Baseline data collection” means the collection of employee trip data at a major worksite to determine the non-drive alone trips per employee at the worksite. The jurisdiction uses these measurements to develop commute trip reduction targets for the major employer. The Exhibit A, Commute Trip Reduction Ordinance Page 3 baseline measurements must be implemented in a manner that meets the requirements and timeframe specified by the city. “Carpool” means a motor vehicle occupied by at least two people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. “City” means the city of Arlington. “Commute trip” means trips made from a worker’s home to a worksite during the peak time of six a.m. to nine a.m. (inclusive) on weekdays. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together, such as RideshareOnline.com. “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 ten-hour days or eighty hours in nine days, but may also include other arrangements. “CTR law” means a law passed in 1991 (Chapter 202, Laws of 1991), amended in 2006 and codified in RCW 70.94.521 through 70.94.551 requiring each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, as well as those counties and cities located in any contiguous urban growth areas. Counties and cities within the designation above shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban growth area. “CTR plan” means the city of Arlington plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction. “CTR program” means an employer’s strategies to increase affected employees’ non-drive alone trips. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, nonprofit, or private, that employs workers. “ETC” means employer transportation coordinator as required pursuant to RCW 70.94.531(3). Exhibit A, Commute Trip Reduction Ordinance Page 4 “Flex-time” means 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. “Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week on two or more weekdays per week. “Goals” means the established criteria for measuring effectiveness of employer programs as outlined in the City of Arlington’s CTR plan. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter, and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.555, this chapter and the CTR plan as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives for non-drive alone commuting, and commencement of other measures according to its approved CTR program and schedule. “Major employer” means a private or public employer, including state agencies, that employs one hundred or more full-time affected employees at a single worksite who begin their regular workday between six a.m. and nine a.m. on at least two weekdays each week for at least twelve continuous months. “Major worksite” or “worksite” means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more full-time affected employees. “Mode” means the means of transportation used by employees, such as drive-alone motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and teleworking. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the Exhibit A, Commute Trip Reduction Ordinance Page 5 motor vehicles, but the ages of these passengers are under sixteen, the motor vehicle is still considered a single-occupant vehicle for measurement purposes. “Target” means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress, such as increase in non-drive alone trips. “Teleworking” means the use of telephones, computers, or other similar technology to permit an employee to work anywhere at any time, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. “Vanpool” means a vehicle occupied by from five to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. “Voluntary worksite” means the physical location occupied by an employer that is voluntarily implementing a CTR program. “Week” means a seven-day calendar period starting on Monday and continuing through Sunday. “Weekday” means any day of the week except Saturday or Sunday. “Writing,” “written,” or in “writing” means original written signed and dated documents delivered via the United States Postal Service. 10.80.060 City’s CTR plan. The city’s CTR plan, as approved in December 2016 to be effective in 2017, is adopted wholly and incorporated herein by reference. 10.80.070 Responsible city agency. The city is responsible for implementing this chapter, the CTR plan, and the city CTR program should be identified together with any authority necessary to carry out such responsibilities such as rule making or certain administrative decisions. 10.80.080 Applicability—Timeline for compliance. The provisions of this chapter shall apply to any major employer or voluntary worksite within the corporate limits of the city. A. In addition to city’s established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice Exhibit A, Commute Trip Reduction Ordinance Page 6 of the requirements and criteria for major employers to comply with said ordinance, and subsequent revisions shall be published at least once in city official newspaper not more than thirty days after passage of said ordinance or revisions. B. Major employers located in the city are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. The major employer shall perform baseline data collection within ninety days of notification. After the results of the baseline data are provided to the major employer, the major employer shall submit a CTR program to the city within ninety days. C. Major employers that, for whatever reason, do not receive notice within thirty days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within ninety days of the passage of said ordinance shall perform baseline data collection within ninety days of notification or the major employer shall submit a CTR program within ninety days of receipt of the baseline data results. D. New Major Employers. Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within ninety days of either moving into the boundaries of city or growing in employment at a worksite to one hundred or more affected employees. Such employers shall complete baseline data collection within ninety days of identification as a major employer and shall submit a CTR program within ninety days of the baseline data results. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program’s approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. E. Change in Status as a Major Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements: 1. If an employer initially designated as a major employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer a major employer. It is the responsibility of the employer to notify city that it is no longer a major employer. 2. If the same employer returns to the level of one hundred or more affected employees within the same twelve months, that employer will be considered a major employer for the entire twelve months and will be subject to the same program requirements as other major employers. Exhibit A, Commute Trip Reduction Ordinance Page 7 3. If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to a “voluntary” employer, that employer shall be treated as a new major employer and will be subject to the same program requirements as other new major employers. 10.80.090 Requirements for employers. A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to increase non-drive alone commute trips. The employer shall submit a description of its program to the city and provide quarterly progress reports to the city on employee commuting and progress toward meeting the goals and targets. The CTR program must include the mandatory elements as described below. A. CTR Program Description Requirements. The CTR program description presents the strategies to be undertaken by an employer to achieve the program goals and targets stated in the city’s CTR plan. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer’s description must include: (1) general description of the employment site location, transportation characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; (2) number of employees affected by the CTR program; (3) documentation of compliance with the mandatory CTR program elements (as described in subsection B of this section); (4) description of the additional elements included in the CTR program (as described in subsection B of this section); and (5) schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources. B. Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements: 1. Transportation Coordinator. The employer shall designate an employee transportation coordinator (ETC) to administer the CTR program. The coordinator and/or designee’s name, location, and contact information must be displayed prominently at each major worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and city. The objective is to have an effective Exhibit A, Commute Trip Reduction Ordinance Page 8 transportation coordinator presence at each worksite; a major employer with multiple sites may have one transportation coordinator for all sites. 2. Information Distribution. Information about alternatives to drive-alone commuting shall be provided to employees at least twice a year. One of the items distributed must be a description of the employer’s worksite program. The employer’s program description and quarterly report must identify the information to be distributed and the method of distribution. 3. Quarterly Progress Report. The CTR program must include a quarterly review of employee commuting and progress and good faith efforts toward meeting the goals and targets as outlined in the CTR plan. Major employers shall file a quarterly progress report with the city in accordance with the format established by this chapter and consistent with the CTR board guidelines*. The report shall describe each of the CTR measures that were in effect for the previous quarter, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the worksite’s CTR targets. The format of the report shall be provided by the city. The employer should contact the city for the format of the report. *CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm 4. Trip Data Measurement. Employers shall conduct a quarterly program data evaluation as a means of determining worksite progress toward meeting CTR targets. 5. Annual Worksite Promotion of Employer CTR Program. Major employers will hold at least one annual transportation fair or equivalent promotion which is available to all employees at each major worksite. 6. ETC Training. ETCs will be required to attend an ETC basic training session within six months of appointment. 7. Employer Notification. Employers will be required to notify the city or designee when there are proposed changes to their CTR program, changes in ETC or contact information, and/or changes in number of employees at the worksite. 8. ETC Networking/Advanced Training. ETCs will be required to attend at least six hours of networking or advanced training per year. Training and networking sessions may include marketing CTR programs to employees, trip planning, ridesharing, joint promotions and networking meetings. Exhibit A, Commute Trip Reduction Ordinance Page 9 9. Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include additional elements as needed to meet CTR goals and targets. Elements may include, but are not limited to, one or more of the following: a. Provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles; b. Instituting or increasing parking charges for single occupant vehicles; c. Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips; d. Provision of subsidies for transit fares; e. Provision of vans for vanpools; f. Provision of subsidies for carpools or vanpools; g. Permitting the use of the employer’s vehicles for carpooling or vanpooling; h. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools; i. Cooperation with transportation providers to provide additional regular or express service to the worksite; j. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; k. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; l. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes; m. Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting; and n. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site daycare facilities and emergency taxi services. Exhibit A, Commute Trip Reduction Ordinance Page 10 10.80.100 Record keeping. Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Employers will maintain all records listed in their CTR program for a minimum of forty-eight months. The city and the employer shall agree on the record keeping requirements as part of the accepted CTR program. 10.80.110 Schedule and process for CTR reports. A. CTR Program. Not more than ninety days after the adoption of the ordinance codified in this chapter, or within ninety days after an employer qualifies under the provisions of this chapter, the employer will be given ninety days to complete baseline data collection, and an additional ninety days to submit a CTR program once the baseline data results are given to the employer. The CTR program will be developed in consultation with the city and implemented not more than ninety days after the program’s approval by the city. Employers who do not implement an approved CTR program according to this section are in violation of this chapter. B. Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. The employer shall have thirty days to resubmit a modified program. If the employer receives no written notification of extension of the review period of its CTR program or comments on the CTR program or quarterly report within ninety days of submission, the employer’s program or quarterly report is deemed accepted. The city may extend the review period up to ninety days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. C. CTR Quarterly Progress Reports. Upon approval of an employer’s initial CTR program, the employer shall submit quarterly reports on the dates requested from the city, no less than ninety days after program approval. D. Modification of CTR Program Elements. Any major employer may submit a request to the city to modify a CTR program element, other than the mandatory elements specified in this chapter, including record keeping requirements. Such requests may be granted if one of the following conditions exist: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. E. Extensions. An employer may request additional time to submit a CTR program or CTR report, or to implement or modify a program. Such requests shall be via Exhibit A, Commute Trip Reduction Ordinance Page 11 written notice at least ten working days before the due date for which the extension is being requested. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request by written notice within ten working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting program goals and targets. 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 reporting date shall not be adjusted permanently as a result of these extensions. An employer’s reporting date may be extended at the discretion of the city. F. Implementation of Employer’s CTR Program. The employer shall implement its approved CTR program not more than ninety days after the program was first submitted to the city. Implementation of the approved program modifications shall begin within thirty days of the final decision or ninety days from submission of the CTR program or CTR quarterly report, whichever is greater. 10.80.120 Enforcement. A. Compliance. For purposes of this section, compliance shall mean fully implementing in good faith all provisions in an approved CTR program. B. Program Modification Criteria. The following criteria for achieving targets for non-drive alone trips per employee shall be applied to determine requirements for employer CTR program modifications: 1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both targets, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program. 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable targets, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement. 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable targets, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty Exhibit A, Commute Trip Reduction Ordinance Page 12 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference. C. Violations. The following constitute violations if the deadlines established in this chapter are not met: 1. Failure to self-identify as a major employer within the timeframes indicated in the Applicability—Timeline for compliance section above; 2. Failure to perform a baseline data collection including: a. Employers notified or that have identified themselves to the city within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the notification or self-identification; b. Employers not identified or self-identified within ninety days of the ordinance codified in this chapter being adopted and that do not perform baseline data collection consistent with the requirements specified by the city within ninety days from the adoption of the ordinance codified by this chapter; c. A new major employer that does not perform baseline data collection consistent with the requirements specified by the city within ninety days of identification as a major employer; 3. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed the goals and targets as specified in this chapter; 4. Submission of false or fraudulent data in response to data collection requirements; Exhibit A, Commute Trip Reduction Ordinance Page 13 5. Failure to make a good faith effort, as defined in RCW 70.94.534(2); or 6. Failure to revise a CTR program as defined in RCW 70.94.534(4). D. Penalties. 1. No major employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable goals and targets; 2. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW. The maximum penalty shall be equal to the state of Washington Class I civil infraction of two hundred fifty dollars per day per violation, as described in RCW 7.80.120(1) (a), or whichever is greater. 3. A major 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 city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). 10.80.130 Exemptions and Target Modifications. A. Worksite Exemptions. A major employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its locations. An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures of the approved CTR plan. Exemptions may be granted by the city at any time based on written notice provided by the major employer. The notice should clearly explain the conditions for which the major employer is seeking an exemption from the requirements of the CTR program. Exhibit A, Commute Trip Reduction Ordinance Page 14 The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR board guidelines* to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. *CTR Guidelines can be found at www.wsdot.wa.gov/transit/CTR/law.htm C. Modification of CTR Program Targets. A major employer may request that the city modify its CTR program targets. Such requests shall be filed in writing prior to the date the worksite is required to submit its program description or quarterly report. The target modification request must clearly explain why the worksite is unable to achieve the applicable target. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for target modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable targets until one year after the city approval of its initial program description or report. 10.80.140 Appeals. Any major employer may appeal the administrative decisions regarding exemptions, modification of targets, modification of CTR program elements, and determinations concerning failure to implement a CTR program. The appeal must be filed with the city clerk not later than the tenth day following the date of the administrative decision, accompanied by the appropriate appeal fee. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. Appeals shall be heard by a hearing examiner appointed by the city. In reviewing the appeal, the hearing examiner shall determine whether the administrative decision is consistent with the provisions of this chapter, including the CTR plan. The hearing examiner shall have authority to affirm, modify, reverse or remand the administrative decision or to grant other appropriate relief. The decision on the appeal shall constitute a final decision appealable to the city council. ORDINANCE NO. 2016-XXX 1 ORDINANCE NO. 2016-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 10.80 OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO TRANSPORTATION DEMAND MANAGEMENT WHEREAS, the City of Arlington has the authority to regulate and encourage the reduction of single trip occupancy vehicles in the City of Arlington; and WHEREAS, simultaneously with the adoption of this ordinance, the City is approving a draft Commute Trip Reduction (CTR) Plan prepared with the assistance of Community Transit; and WHEREAS, the City Council deems it appropriate to amend its municipal code to make it consistent with the adopted plan; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code (AMC) Chapter 10.80 shall be amended in its entirety to read as set forth in Exhibit “A” hereto. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this ______ day of December, 2016. CITY OF ARLINGTON ___________________________________ Barbara Tolbert, Mayor ORDINANCE NO. 2016-XXX 2 Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney ORDINANCE NO. 2016-XXX 3 TITLE 10.80 TRANSPORTATION DEMAND MANAGEMENT Sections: 10.80.000 Purpose. 10.80.010 Definitions. 10.80.020 Arlington CTR plan. 10.80.030 Responsible city official. 10.80.040 Applicability. 10.80.050 Notification of applicability. 10.80.060 Applicability to new major employers. 10.80.070 Change in status as a major employer. 10.80.080 Employer Requirements. 10.80.090 Recordkeeping. 10.80.100 Schedule and process for CTR reports. 10.80.120 Enforcement. 10.80.130 Exemptions or goal modifications. 10.80.140 Appeals. 10.80.000 Purpose. The purpose of this chapter is to provide a method for compliance with the Washington State Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.551), as amended. The Commute Trip Reduction Law was passed to reduce traffic congestion, air pollution, and dependency on fossil fuels through employer-based programs encouraging alternative commute methods to the single-occupancy vehicle. 10.80.010 Definitions. For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter: “A Major Worksite” means a building or group of buildings that are on physically contiguous parcels of land or on parcels of land separated solely by private or public roadways or rights- of-way, and at which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months. “Affected employee” means a full-time employee who begins his or her regular work day at a major employer worksite between 6 a.m. and 9 a.m. (inclusive) on two or more weekdays for at least twelve continuous months, who is not an independent contractor, and who is scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours per week. “A Major Employer” means a private or public employer, including state agencies, that employs one hundred or more full-time employees at a major worksite who are scheduled to begin their regular work day between 6 a.m. and 9 a.m. (inclusive) on two or ORDINANCE NO. 2016-XXX 4 more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (Also see definition of employer.) “Affected urban growth area” means (A) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway segment exceeding the one hundred person per hours of delay threshold calculated by the WA state department of transportation, and any contiguous urban growth areas; and (B) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous urban growth areas; or (C) An urban growth area identified by the WA department of transportation as listed in WAC 468-63-020(2)(b). “Alternative mode” means any means of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips. “Alternative work schedules” means work schedules that allow employees to work their required hours outside of the traditional Monday to Friday, eight a.m. to five p.m. schedule. such as compressed work weeks that eliminate work trips for affected employees. “Base year” means the twelve month period, that commences when the City of Arlington determines an employer is required to comply with the CTR law, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (drive-alone) trips shall be based. “Base year survey” or “Baseline measurement” means the survey, during the base year, of employees at a major employer worksite to determine the dive-alone rate and vehicle miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurements must be implemented in a manner that meets the requirements specified by the city. “Carpool” means a motor vehicle occupied by at least two persons traveling together for their commute trip that result in the reduction of a minimum of one motor vehicle commute trip. “City” means the City of Arlington. “Commute trip” mean trips made from a worker’s home to a worksite during the peak period of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. “Commute Trip Reduction (CTR) Plan” means the city’s plan and ordinance to regulate and administer the CTR programs of major employers within its jurisdiction. “CTR commuter” means a resident or employee in an affected urban growth area who is participating in the city’s commute trip reduction program, including any growth and ORDINANCE NO. 2016-XXX 5 transportation and efficiency center programs, implemented to meet Arlington’s established targets. “CTR program” means an employer’s strategies to reduce affected employees’ drive-alone use and VMT per employee. “CTR law” means the Commute Trip Reduction law passed by the Washington State legislature in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 through 70.94.551, and amended in 1997 and 2006 requiring counties of over one hundred fifty thousand residents, with one or more major employers, to implement a CTR ordinance and plan. All cities in such counties with one or more major employers are also required to adopt CTR ordinances and plans. “Commute trip vehicle miles traveled per employee (VMT)” means the sum of the individual commute trip lengths in miles over a set period divided by the number of full-time employees. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together. “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 buy 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 ten-hour days or eighty hours in nine days, but may also include other arrangements. “Custom bus pool” means a commuter bus service arranged specifically to transport employees to work. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip. “Drive-alone” means single-occupant vehicle. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers. “Employee Transportation Coordinator (ETC)” means a person who is designated as responsible for the development, implementation, and monitoring of an employer’s CTR program. “Exemption” means a waiver from any or all CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site. ORDINANCE NO. 2016-XXX 6 “Flex-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. “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five hours a week. “Goal” means a purpose toward which efforts are directed. “Good faith effort” means that an major employer has met the minimum requirements identified in this chapter and is working in collaboration with the city and Snohomish County to continue its existing program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time. “Growth and transportation efficiency center (GTEC)” means a defined, compact, mixed-use urban center that contains jobs or housing and supports multiple modes of transportation. For the purpose of funding, a GTEC must meet minimum criteria established by the CTR Board under RCW 70.04.537, and must be certified by a regional transportation planning organization as established in RCW 47.80.020. “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 drivealone commuting, and commencement of other measures according to its approved CTR program and schedule. “Jurisdiction’s Base year measurement” means the proportion of single-occupant vehicle commute trips by CTR commuters and commute trip vehicle miles traveled per CTR commuter on which commute trip reduction targets for the City shall be based. The City’s base year measurement shall be determined based on employee surveys administered in the 2006-2007 survey cycle. If complete employee survey data from the 2006-2007 survey cycle is not available, then the base year measurement shall be calculated from the most recent and available set of complete employee survey data. “Mode” means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work schedule and telecommuting. “Notice” means written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the postal service unless the third day falls on a weekend or legal holiday, in which case the notice is deemed, accepted the day after the weekend or legal holiday. “Peak period trip” means any employee trip that delivers the employee to begin his or her regular work day between 6 a.m. and 9 a.m. Monday through Friday, except legal holidays. ORDINANCE NO. 2016-XXX 7 “Person hours of delay” means the daily person hours of delay per mile the peak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available methodology by the WA State department of transportation. “Proportion of single-occupant vehicle trips” or “drive-alone rate” means the number of commute trips made by single-occupant automobiles divided by the number of full-time employees. “Single-occupant vehicle (drive-alone)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. If there are other passengers occupying the motor vehicle, but the ages of these passengers are sixteen or under, the motor vehicle is still considered a “single-occupant vehicle” for measurement purposes. “Target” means a quantifiable or measurable value that is expressed as a desired level of performance, against which actual achievement can be compared in order to assess progress. “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. “Transit” means a multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero vehicle trips. “Transportation demand management (TDM)” means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. “Transportation management organization (TMO)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits. “Vanpool” means a vehicle occupied by from seven to fifteen people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. A vanpool trip counts as zero vehicle trips. “Voluntary employer worksite” means the physical location occupied by an employer who is voluntarily implementing a CTR program. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday. “Writing,” “written” or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated document via mail or delivery. ORDINANCE NO. 2016-XXX 8 10.80.020 Arlington CTR plan. The most recently adopted Arlington CTR plan is wholly incorporated herein by reference. A true copy of the CTR plan shall be maintained in the office of the city clerk for inspection by the public. 10.80.030 Responsible city official. The city administrator, or his or her designee, shall be responsible for implementing this chapter, the CTR plan, and the city CTR program. The city administrator or his or her designee shall also have all authority necessary to carry out such responsibilities, including but not limited to, the promulgation of necessary rules or regulations and all necessary administrative decisions required to implement the CTR plan. 10.80.040. Applicability. The provisions of this chapter shall apply to any major employer at any single worksite within the corporate limits of the city. 10.80.050. Notification of applicability. (a) In addition to the city’s established public notification of adoption of an ordinance, a notice of availability of summary of the ordinance codified in this chapter, a notice of the requirements and criteria for major employers to comply with said ordinance, and subsequent revisions shall be published at least once in the city’s official newspaper not more than thirty days after passage of this ordinance or revisions. (b) Major employers located within the city are to receive written notification that they are subject to the ordinance codified in this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be at least one hundred eighty days prior to the due date for submittal of their CTR program. (c) Major employers that, for whatever reason, do not receive notice within thirty days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within one hundred eighty days of the passage of said ordinance will be granted an extension to assure up to one hundred eighty days within which to develop and submit a CTR program. (d) Major employers that have not been identified or do not identify themselves within one hundred eighty days of the passage of said ordinance and do not submit a CTR program within one hundred eighty days from the passage of said ordinance are in violation of this section. 10.80.060 Applicability to new major employers. Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within one hundred eighty days of either moving into the boundaries of the city or growing in employment at a worksite to one hundred or more affected employees. Such employers shall be given one hundred eighty days to develop and submit a CTR program. Employers that do not identify themselves within one hundred eighty days are in violation of this chapter. New major employers shall have two years to meet the first CTR goal of fifteen percent reduction in proportion of single-occupant vehicle trips or vehicle miles traveled per person; four years to meet the second goal of twenty percent reduction; six years to meet the third goal of twenty-five percent reduction; and twelve years to meet the fourth goal of a thirty-five percent reduction, from the time they begin their program. 10.80.070 Change in status as an major employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements: ORDINANCE NO. 2016-XXX 9 (1) If an employer initially designated as a major employer no longer employs one hundred or more affected employees and expects not to employ one hundred or more affected employees for the next twelve months, that employer is no longer a major employer. It is the responsibility of the employer to notify the city that it is no longer a major employer. (2) If the same employer returns to the level of one hundred or more affected employees within the same twelve months, that employer will be considered a major employer for the entire twelve months, and will be subject to the same program requirements as other major employers. (3) If the same employer returns to the level of one hundred or more affected employees twelve or more months after its change in status to an unaffected” employer, that employer shall be treated as a new major employer, and will be subject to the same program requirements as other new major employers. 10.80.080 Employer requirements. A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VTM per employee and drive-alone commute trips. The employer shall submit a description of its program to the city and provide an annual progress report to the city on employee commuting and progress toward meeting the drive- alone goals. The CTR program must include the mandatory elements as described below. (a) CTR Program Description Requirements. The CTR program description presents the strategies to the undertaken by an employer to achieve the commute trip reduction goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer’s description must include: (1) general description of the employment site location, transportations characteristics, and surrounding services, including unique conditions experienced by the employer or its employees; (2) number of employees affected by the CTR program; (3) documentation of compliance with the mandatory CTR program elements (as described in subsection (b) of this section); (4) description of the additional elements included in the CTR program (as described in subsection (b) of this section) and (5) schedules of implementation, assignment of responsibilities, and commitment to provide appropriate resources. (b) Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements: (1) Transportation Coordinator. The employer shall designate a transportation coordinator to administer 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. The objective is to have an effective transportation coordinator presence at each worksite; a major employer with multiple sites may have one transportation coordinator for all sites. (2) Information Distribution. Information about alternatives to drivealone commuting shall be provided to employees at least once a year. Each employer’s program description and annual report must report the information to be distributed and the method of distribution. ORDINANCE NO. 2016-XXX 10 (3) Annual Progress Report. The CTR program must include an annual review of employee commuting and of progress and good faith efforts towards meeting the drive-alone reduction goals. Major employers shall file an annual progress report with the city in accordance with the format established by this chapter and consistent with the CTR task force guidelines. The 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 the CTR programs. Within the report the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eighth, tenth, and twelfth years after implementation begins. The employer should contact the city for the format of the report. (4) Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include additional elements needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: (A) Provision of the preferential parking or reduced parking charges, or both, for high-occupancy vehicles; (B) Instituting or increasing parking charges for drive-alones; (C) Provision of commuter ride matching service to facilitate employee ride- sharing for commute trips; (D) Provision of subsidies for transit fares; (E) Provision of vans for vanpools; (F) Provision of subsidies for carpools or vanpools; (G) Permitting the use of the employers’ vehicles for carpooling or vanpooling; (H) Permitting the use of the employer’ vehicles for carpooling or vanpooling; (I) Cooperation with transportation providers to provide additional regular or express service to the worksite; (J) Construction of special loading and unloading facilities for transit, carpool, and vanpool users; (K) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; (L) Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; (M) Establishment of a program to permit employees to work part-time of full- time at home or at an alternative worksite closer to their homes; (N) Establishment of a program of alternative work schedules, such as a compressed work week which reduce commuting; and (O) Implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities and emergency taxi services. 10.80.090 Recordkeeping. Major employers shall include a list of the records they will keep as part of the CTR program they submit to the city for approval. Employers will maintain all records listed in their CTR program for a minimum of twenty-four months. The city and the employer shall agree on the recordkeeping requirements as part of the accepted CTR program. ORDINANCE NO. 2016-XXX 11 10.80.100 Schedule and process for CTR reports. (a) CTR Program. Not more than one hundred eighty days after the adoption of the ordinance codified in this chapter, or within six months after an employer qualifies under 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. (b) Document Review. The city shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period for the CTR program or comment on the CTR program or annual report within ninety days of submission, the employer’s program or annual report is deemed accepted. The city may extend the review period up to ninety days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. (c) CTR Annual Progress Reports. Upon review of an employer’s initial CTR program, the city shall establish the employer’s annual reporting date, which shall not be less than twelve months from the day the program is submitted. Each year on the employer’s reporting date, the employer shall submit to the city its annual CTR report. (d) Modification of CTR Program Elements. Any major employer may submit a request to the city for the modification of CTR program elements, other than the mandatory elements specified in this chapter, including recordkeeping requirements. Such requests may be granted if one of the following conditions exist: (1) The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or (2) The employer can demonstrate that compliance with the program elements would constitute an undue hardship. This may include evidence from employee surveys administered at the worksite: first, in the base year, showing that the employer’s own base year values of VMT per employee and drive-alone rates were higher than the CTR zone average; and/or secondly, in the goal measurement year(s), showing that the employer has achieved reductions from its own base values that are comparable to the reduction goals established for the employer’s CTR zone. (e) 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 via written notice at least thirty days before the due date for which the extension is being requested. Extensions not to exceed ninety days shall be considered for reasonable causes. The city shall grant or deny the employer’s extension request in writing within ten working days of its receipt of the extension request. If there is no response issued to the employer, and extension is automatically granted for thirty days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s 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 city administrator or his or her designee. (f) Implementation of Employer’s CTR Program. Unless extensions are granted, the employer shall implement its approved CTR program not more than one hundred eight days after the program was first submitted to the city. Implementation of the approved program ORDINANCE NO. 2016-XXX 12 modifications will begin within thirty days of the final decision or one hundred eighty days from submission of the CTR program or CTR annual report, whichever is greater. 10.80.120 Enforcement. (a) Compliance. For purposes of this section, compliance means fully implementing in good faith all provisions in an accepted CTR program. (b) Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications: (1) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program; (2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable drive-alone or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within thirty days of reaching agreement. (3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within thirty days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, writhing thirty days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within thirty days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within ten working days of the conference. (c) Violations. The following constitute violations if the deadlines established in this chapter are not met: (1) Failure to perform a baseline measurement within ninety days of written notification from the city that an employer qualifies as a major employer. (1) Failure to develop and/or submit on time a complete CTR program (2) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive-alone goals as specified in this chapter; (3) Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter; (4) Failure to revise a CTR program as defined in RCW 70.94.434(4) and this chapter. (5) Submission of false or fraudulent data in response to survey requirements; (d) Penalties. ORDINANCE NO. 2016-XXX 13 (1) No major employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goal; (2) Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in RCW Chapter 7.80. (3) A major employer shall not be liable for civil penalties if failure to implement an element of CTR program was the result of 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 state law (RCW 70.94.534). 10.80.130 Exemptions or goal modifications. (a) Exemptions. A major employer may request the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the major employer demonstrates that it faces extraordinary circumstance, such as bankruptcy, and is unable to implement any measures that would reduce the proportion of drive-alone trips and VMT per employee. Exemptions may be granted by the city during the annual program review process. The city shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year. (b) Modification of CTR Program Goals. Prior to implementation, a major employer may request from the city a modification of program goals. Grounds for granting modification of program goals. Grounds for granting modification and the associated modification will be determined on a case by case basis and shall include the following: (c) Modification of CTR Program Goals. Prior to implementation, a major employer may request from the city a modification of program goals. Grounds for granting modification and the associated modification will be determined on a case by case basis and shall include the following: (1) A major employer can demonstrate it requires significant numbers of its employees to use the vehicles they drive to work during the work day for work purposes. The employer shall provide documentation indicating how many employees meet this condition and must demonstrate that no reasonable alternative commute mode exists for these employees and that the vehicles cannot reasonably be used for carpools or vanpools. Under this reasonably be used for carpools or vanpools. Under this condition, the applicable goals will not be changed by those employees who need daily access to the vehicles they drive to work will not be included in the calculations of proportion of drive- alone trips and VMT per employee used to determine the employer’s progress toward program goals. ORDINANCE NO. 2016-XXX 14 (2) A major employer demonstrates that its worksite is contiguous with a CTR zoned 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 drive-alone trips as employers in the adjoining CTR zone. The employer may only request a modification based on these conditions prior to the CTR program implementation date. (3) Modifications may also be requested due to unanticipated conditions: (A) An major employer demonstrates that opportunities for alternative commute modes do not exist due to factors related o the worksite, its work force or characteristics of the business that are beyond the employer’s control. (B) Major employers whose worksite changes that contribute substantially to traffic congestion in a CTR zone may request a program modification to seek alternative program goals. (C) Any other condition that can be demonstrated by the major employer to warrant a modification. 10.80.140 Appeals. Any major employer may appeal administrative decisions regarding exemptions, modification of goals, modification of CTR program elements, and determinations regarding violations. The appeal must be filed with the city clerk not later than ten days following the date of the administrative decision. The appeal must be in writing and state in a clear and concise manner the specific exceptions and objections to the administrative decision. At the time of filing the appeal, a fee in the amount of one hundred dollars must be paid to the city. Appeals shall be heard by a hearing examiner appointed by the city. Substantial weight shall be given to the administrative decision and the burden of establishing error shall be upon the appealing party. In reviewing the appeal, the hearing examiner shall determine whether the administrative decision is consistent with the provisions of this chapter, including the city CTR plan. The hearing examiner shall have authority to affirm, modify, reverse or remand the administrative decision or to grant other appropriate relief. The decision of the hearing examiner shall constitute a final decision appealable to the city council. City of Arlington Council Agenda Bill Item: NB #5 Attachment H COUNCIL MEETING DATE: December 5, 2016 SUBJECT: Lodging Tax Distributions for 2017 ATTACHMENTS: 2017 Lodging Tax Grant Application Worksheet DEPARTMENT OF ORIGIN Finance; Kristin Garcia - Finance Director 360-403-3431 EXPENDITURES REQUESTED: $146,158 BUDGET CATEGORY: Lodging Tax Fund LEGAL REVIEW: DESCRIPTION: 17 applications were received with a total amount requested of $185,335. The amount budgeted for distribution is $160,000. The lodging tax advisory committee (LTAC) met on October 12 and November 17 to review and discuss the applications. The applications were individually scored using the rating criteria included in the application. The rating criteria consisted of; projects supporting city tourism goals, length of impact, attracting visitors from more than 50 miles away, a match of at least 33% of total project costs, consideration of partnerships, sustainable future funding and overnight lodging stays. The committee acknowledges the applications were all for good causes and saw value in each application, however, the committee had a difficult task in making sure the distributions followed state law, met the criteria as outlined in the application document and were within the total amount budgeted. Based on the rating criteria, the committee recommends a funding distribution totaling $146,158. The funding distributions were broken down as follows; 1) The wounded warrior project was determined to be ineligible to receive funding as the project sponsor was an individual. State law requires distributions to be made to convention and visitor bureaus, destination marketing organizations, non-profits including lodging associations or chambers of commerce and/or municipalities. 2) Applications with a score of less than 20 were not awarded funding. 3) The City can award a maximum of 66% of total project costs. For those that requested more than the 66% and were determined eligible to receive funding, those amounts were reduced to reflect the 66% (see the Chamber coupon book publication and cascade loop membership projects). 4) The applications for the Arlington Arts Council and DABA were reduced to 50% of the amount requested. The requested amount was reduced because the committee could not determine the individual impact of each event as data was combined, not individualized. The combined data presented challenges on how to score these applications. Additional information was requested from each organization, one did not provide a response and the other response provided no additional detail. 5) The City’s summer outdoor recreation series did not receive the full amount requested because the 33% match was not met. The requested amount was reduced by the difference between what the match should have been and what the match actually is. 6) All other applications were fully funded. RCW 67.28.1816 requires a local lodging tax committee to review applications and submit a recommendation to Council for how lodging taxes are to be distributed. Council’s role is to accept or reject the lodging tax committee’s recommendation for distribution. The Council may accept all, some or none of the applicants on the committee’s recommended list. If the council proposes a change in amount from the committee’s recommendation, the council shall submit their proposal to the LTAC for review and comment. The submission must occur 45 days before final action on the proposed distribution. The LTAC shall submit comments back to the council prior to final action by the council. HISTORY: The City has been collecting lodging tax since 2005. Lodging tax revenues are to be used for tourism promotion. ALTERNATIVES 1. Reject the committee’s recommendations 2. Take no action 3. Remit back to the committee for further review RECOMMENDED MOTION: I move to approve the funding of the selected applications totaling $146,158 as recommended by the Lodging Tax Advisory Committee.