Article 3 — Review Standards, Procedure and Appeal

program. A. The TDM Program Manager shall approve an employer trip reduction plan that includes reasonable, feasible and cost effective trip reduction measures that can be expected to being about significant progress toward achievement of the performance objectives given the constraints of the work site, the nature of the work activity, and the geographical distribution of employees relative to the work site. B. Alternatively, the TDM Program Manager shall approve an alternative emission reduction program which demonstrates that: (1) the measures included in the program will achieve emission reductions equal to or

greater than those that would have been realized if the performance objectives were achieved; and (2) the alternative measures are not required by any other federal, state, or local control measure or regulatory requirement. An alternative emission reduction program shall require an update or progress monitoring report to be submitted to the TDM Program Manager at least once every two years. (Ord. 00-06 § 2 (part))

A. The TDM Program Manager designated by the SWAT Board shall review employer trip reduction plans for the city. The program manager shall disapprove a plan that does not meet the requirements of this chapter. B. An employer shall revise any disapproved plan and resubmit the plan to the TDM Program Manager within ninety (90) days after notification of disapproval. C. If the revised plan is subsequently disapproved, the employer shall revise and resubmit a plan within ninety (90) days after the second notification of disapproval. D. An employer or owner or manager of a complex whose third submission has been disapproved is in violation of this chapter for failure to have an approved employer trip reduction plan. E. An employer shall revise and resubmit its employer trip reduction plan within ninety (90) days of a final determination by an agency or court with jurisdiction to make a determination that an element of an approved employer trip reduction plan violates a provision of the law. (Ord. 00-06 § 2 (part))

An employer or an owner or manager may appeal a plan disapproval made by the Program Manager to the City Council as follows: A. The employer shall submit a written notice of appeal to the city within thirty (30) days after plan disapproval. B. The City Council may refer the appeal to the TDM Advisory Committee. The TDM Advisory Committee shall hear the appeal and make an advisory recommendation to the City Council within sixty (60) days. This

recommendation may include recommendations as to the adequacy of the TDM program and further components, TDM techniques, or conditions that should be required. C. Within thirty (30) days of receipt of the advisory opinion of the TDM Advisory Committee or within thirty (30) days after a City Council determination not to refer the appeal to a TDM Advisory Committee, the City Council shall approve, conditionally approve, or disapprove a TDM program. The decision of the City Council is final. Failure to act within the thirty (30) day time period results in automatic approval of the trip reduction plan. D. The time period for filing a revised employer trip reduction plan is suspended during the appeal process. (Ord. 00-06 § 2 (part))

The city shall provide the following as minimum components of a city TDM program: A. The program shall include all of the mandatory employer TDM measures as described in this chapter; B. The city shall designate an Employee Transportation Coordinator to administer a workplace TDM program for city employees. This person may be a member of the city staff. The position need not be a full-time position. The city's ETC shall perform the same duties and be subject to the same requirements as the workplace ETCs described in this chapter; C. The city shall implement a TDM information program. This program shall provide literature to residents, employers and schools on RIDES and other ride-matching agencies, transit schedules, bicycle facilities and locations of nearby Park and Ride lots. (Ord. 00-06 § 2 (part))