HomeMy WebLinkAboutORD 4719 -
Amends: Ord 4392
Amended by ORD 5422
CITY OF RENTON, WASHINGTON I
ORDINANCE NO. 4 719
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 13, COMMUTE TRIP REDUCTION, OF TITLE
X (TRAFFIC), OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON"
BY INCORPORATING RECENT LEGISLATIVE AND
ADMINISTRATIVE CHANGES TO THE STATE'S COMMUTE TRIP
REDUCTION PROGRAM.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN I
AS FOLLOWS:
SECTION I. Section 10-13-1 of Chapter 13, Commute Trip Reduction, of Title X
(Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington, is hereby amended by adding the.following defintions which read as follows:
AFFECTED EMPLOYEE: A full-time employee who is scheduled to begin his or her regular
work day at a single worksite between six o'clock (6:00) A.M. and nine o'clock (9:00) A.M.
(inclusive on two (2) or more weekdays for at least twelve (12) continuous months. For the
purposes of this Chapter, shareholders, principles and associates in a corporation, partners
(general or limited) in a partnership and participants in a joint venture are to be considered
employees.
GOOD FAITH EFFORT: An employer has met the minimum requirements identified in RCW
70.94.531 and chapter 10-13 of this code, and is working collaboratively with the City of Renton
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.
SECTION II. Section 10-13-2 of Chapter 13, Commute Trip Reduction, of Title
X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington, is hereby amended to read as follows:
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ORDINANCE NO. 4 719
10-13-2: COMMUTE TRIl'REDUCTION GOALS:
The two commute trip reduction goals for employers affected by this Chapter are to
achieve the following reductions, either from the 1992 base year values of the appropriate CTR
zone or as established by a worksite's baseline survey, in average vehicle miles traveled per
employee, and in the proportion of single-occupant vehicles:
A. Fifteen percent (15%) by January l, 1995.
B. Twenty percent (20%) by January 1, 1997.
C. Twenty five percent (25%)by January 1, 1999. �
D. Thirty five percent (35%)by 2005. I
SECTION III. Section 10-13-3 of Chapter 13, Commute Trip Reduction, of Title
X (Traf�ic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washin on is hereb amended to read a f 11 w �
gt , y s o o s.
10-13-3: DESIGNATION OF CTR ZONES AND BASE YEAR VALUES:
A. Employers in the City fall within CTR zones designated by the boundaries of the
South King County and East King County zones.
B. The base year value of these zones for proportion of SOV trips shall be eighty five
percent (85%) of trips. The base year value for average vehicle miles traveled per employee shall
be set at nine and three-tenths (9.3) miles. Commute trip goals for major employers shall be
calculated from these values or from a worksite's baseline survey. Therefore, affected employers
that choose to calculate goal reduction from zone base year values in the City shall establish
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programs designed to result m SOV rates of not more than seventy two percent (72/o) m 1995,
si�y eight percent (68%) in 1997, sixty four percent (64%) in 1999, and fifty five percent (55%)
in 2005; and average VMT per employee of not more than seven and nine-tenths (7.9) miles in
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ORDINANCE NO. 4 719
1995, seven and four-tenths (7.4) miles in 1997, seven (7.0) miles in 1999, and six (6.0) miles in
2005.
SECTION IV. Subsection 10-13-S.B of Chapter 13, Commute Trip Reduction, of
Title X (Traf�ic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of
Renton, Washington, is hereby amended to read as follows:
B. New Affected Employers: Employers that meet the definition of "affected
employer" in this Chapter must identify themselves to the City within one hundred eighty (180)
days of either moving into the boundaries of the City or growing in employment at a worksite to
one hundred (100) or more affected employees. Once they identify themselves, such employers
shall be granted one hundred fifty (150) days to develop and submit a CTR program. Newly
affected employers shall have two (2) years to meet the first commute trip reduetion goal of
fifteen percent (15%); four (4) years to meet the second goal of twenty percent (20%); six (6)
years to meet the third goal of twenty five percent (25%); and twelve (12) years to meet the
fourth goal of thirty five percent(35%) from the time they begin their program.
SECTION V. Section 10-13-6 of Chapter 13, Commute Trip Reduction, of Title
, X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington, is hereby amended to read as follows:
10-13-6: REQLJIREMENTS FOR EMPLOYERS:
An affected employer is required to make a good faith effort, as defined in RCW
� 70.94.534(2) and this ordinance, to develop and implement a CTR program that will encourage ,
its employees to reduce average VMT er em lo ee and SOV commute tri s. The CTR ro ram I�
P P Y P P g ,
must include the mandatory elements described below. The employer shall submit a description of
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ORDINANCE NO. 4 719
its program to the City and provide an annual progress report to the City on employee commuting
and progress toward meeting the SOV goals.
A. CTR Program Description: Each affected employer is required to submit a
description of its CTR program to the City on the official form available from the
Planning/Building/Public Works Department. 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 eleinents.
4. Description of the additional elements included in the CTR program.
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 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. An affected employer with multiple sites may have one transportation coordinator
for all sites.
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2. Information Distribution: Information about alternatives to SOV
commuting shall be provided to employees at least once a year, and to new employees within
thirty (30) days of hire. This shall consist of, at a minimum, a summary of the employer's program
and the name and telephone number of the Employee Transportation Coordinator. Each
employer's program description and annual report must report the information to be distributed
and the method of distribution.
3. Annual Progress Report: The CTR program must include an annual review
of employee commuting and of progress and good faith efforts toward meeting the SOV
reduction goals. Affected 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 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 1995,
1997 and 1999 reports. The employer should contact the City of Renton 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 preferential parking or reduced parking charges, or
both, for high-occupancy vehicles;
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ORDINANCE NO. 4 719
b. Instituting or increasing parking charges for SOVs;
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. 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;
1. 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-or
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 will reduce commuting; and
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o. Implementation of other measures designed to facilitate the use of I
high-occupancy vehicles, such as on-site day care facilities and emergency taxi services.
SECTION VI. Section 10-13-8.0 and 10-13-8.D.3 of Chapter 13, Commute Trip i
Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of
the City of Renton, Washington, is hereby amended to read as follows:
C. Content of Annual Report: The annual progress report shall describe each of the
CTR measures that were in effect for the previous year, the results of any commuter surveys
undertaken during the year, and the number of employees participating in CTR programs. Survey
information or alternative information approved by the PlanningBuilding/Public Works
Department must be provided in the 1995, 1997, 1999, 2001, 2003, and 2005 reports.
D.3. Program Modification Criteria: The following criteria shall be applied in
�determining requirements for employer CTR program modifications:
a. If an employer meets either the applicable SOV or VMT goal, the
employer has satisfied the objectives of the CTR plan and will not be required to modify the CTR
program;
b. If an employer makes a good faith effort, as defined in RCW 70.94.534(2)
and this ordinance, but has not met or is not likely to meet the applicable SOV or VMT goal, the
City shall work collaboratively with the employer to make modifications to the CTR program.
After agreeing on modifications, the employer shall submit a revised CTR program description to
the City for approval within 30 days;
c. If an employer fails to make a good faith effort, as defined in RCW
70.94.534(Z) and this ordinance, and fails to meet the applicable SOV or VMT reduction goal,
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ORDINANCE NO. 4 719
the City shall work collaboratively with the employer to identify modifications to the CTR I'
program and shall direct the employer to revise its program within 30 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 (30) days of certified return receipt. The City shall review the revisions and notify the
employer of acceptance or rejection of the revised program. If a revised program is not
acceptable, the City will send notice (certified return receipt) to that effect to the employer within
� thirty (30) days and, if necessary, require the employer to attend a conference with program
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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 (10) working days of the
conference.
SECTION VII. Section 10-13-9.A.2 and 10-13-9.B of Chapter 13, Commute Trip
Reduction, of Title X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of
the City of Renton, Washington, is hereby amended to read as follows:
A.2. Employers applying for the program credit in their initial 1993 program description
shall be considered to have met the 1995 CTR goals if their average VMT per employee and
proportion of SOV trips are equivalent to a twelve percent (12%) or greater reduction from the
base year zone values. This three percentage (3%) point credit applies only to the 1995 CTR
goals.
For the initial year employer requests for program credit are due within three (3)
months after notification that the employer is subject to this Chapter. In 1995, 1997, and
succeeding goal measurerrient years, employers will be notified if they qualify for program credit
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ORDINANCE NO. ��19 I
after the City receives the employer's CTR survey results or equivalent data submittal. The ��
survey or equivalent data used shall conform to all applicable standards established by the CTR
Task Force Guidelines. If any of these reports indicates the employer does �not satisfy the ne�rt
applicable goal(s), the employer shall immediately become subject to all requirements of the CTR
Chapter.
B. Credit for Work-At-Home, Walking and Bicycle Commuting: For purposes of
counting commute vehicle trips, credit for telecommuting, alternative work schedules (excluding
flex-time), bicycling, and walking shall be given as established by the CTR Task Force Guidelines.
SECTION VIII. Section 10-13-10 of Chapter 13, Commute Trip Reduction, of Title
X (Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington, is hereby amended to read as follows:
10-13-10: GOAL MODIFICATIONS:
A. Modification of CTR Program Goals: An affected employer may request that the
City modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior
to the date the worksite is required to submit its program description and annual report. The goal
modification request must clearly explain why the worksite is unable to achieve the applicable
goal. 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 goal
modifications in accordance with procedures and criteria identified in the CTR Task Force �
Guidelines. An employer may not request a modification of the applicable goals until one year
after City approval of its initial program description and annual report.
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ORDINANCE NO. 4 719
SECTION IX. Subsection 10-13-13.B.3, B.4, and C of Chapter 13, Commute I
Trip Reduction, of Title X(Traf�ic), of Ordinance No. 4260 entitled "Code of General Ordinances
of the City of Renton, Washington, is hereby amended to read as follows:
B.3. Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this
ordinance;
B.4. Failure to revise a CTR program as defined in RCW 70.94.534(2) and this
ordinance;
C. Penalties:
1. No affected employer may be held liable for failure to reach the applicable
SOV or VMT goal;
2. Failure to implement the CTR Program shall be a civil infraction punishable
by a fine not to .exceed two hundred fifty dollars ($250.00) per day. Each day of failure to
implement, modify, or submit the program shall constitute a separate violation. Submission of
fraudulent data shall constitute a violation.
3. An employer shall not be liable for civil penalties if failure to implement an
element of a CTR program was the result of an inability to reach agreement with a certified
collective bargaining agent and 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
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b. Advise the union of the existence of the Statute and the mandates
of the CTR program approved by the City of Renton and advise the union that the proposal being
made is necessary for compliance with State law (RCW 70.95.531).
D. Appeals of Penalties: Affected employers may appeal penalties pursuant to RCW
7.80.100.
SECTION X. Section 10-13-14 of Chapter 13, Commute Trip Reduction, of Title X
(Traffic), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington, is hereby amended to read as follows:
10-13-14: EXEMPTIONS:
A. Worksite Exemptions: An affected 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 affected employer demonstrates that
it faces e�raordinary circumstance, such as bankruptcy, and is unable to implement any measures
that could reduce the proportion of SOV 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 deternune 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 their employment may be exempted from a
worksite's CTR program. Exemptions may also be granted for employees who work variable
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shifts throughout the year and who do not rotate as a group to identical shifts if it can be shown
that alternative mode commute options are not available to the employee. The City will use the
criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption
requests. The City shall review annually all employee exemption requests, and shall deternune
whether the exemption will be in effect during the following program year.
SECTION XI. Chapter 13, Commute Trip Reduction, of Title X (Traffic), of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington, is
hereby amended by adding the following section which reads as follows:
10-13-15: SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is for any
reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Chapter, it being herein expressly
declared that this Chapter and each section, subsection, paragraph, sentence, clause and phrase
thereof would have been adopted irrespective of the fact that any one or more other sections,
subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION XII. This ordinance shall be effective upon its passage, approval, and
thirty days after publication.
PASSED BY THE CITY COITNCIL this 4th day of Mav ; 1998.
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Marilyn J. Pe rs n City Clerk
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ORDINANCE NO. 4�19 ��
APPROVED BY THE MAYOR this 4 th day of May , 1998.
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Jesse Tanner, Mayor
Appr d as to form:
Lawrence J. Warren, City Attorney
Date of Publication: NZay 8 th, 19 9 8
ORD.715:04/16/98:as. �I
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