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HomeMy WebLinkAboutORD 4392 Amended by: Ord 4719 , 5450, • `°�"�,�;rF��'��^ i � : .r��•�� CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE N0. 4392 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF ', GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 13 WHICH ADOPTS THE CITY OF RENTON COMMUTE TRIP REDUCTION (CTR) PLAN AND IMPLEMENTS MEASURES AS REQUIRED BY RCW 70.94.527. SECTION I. This ordinance adds Chapter 13, Commute Trip Reduction, to Title X (Traffic) of the Renton City Code and creates the following new sections : '� Section 10-13-1 : Definitions . Section 10-13-2 : City of Renton CTR Plan. Section 10-13-3 : Responsible City of Renton Agency. Section 10-13-4 : Applicability. � Section 10-13-5 : Requirements for Employers-. Section 10-13-6 : Record Keeping. Section 10-13-7 : Schedule and Process for CTR Reports . Section 10-13-8 : Credit for Transportation D.emand Management Efforts . Section 10-13-9 : Enforcement and Penalties � Section 10-13-10 : Exemptions or Goal. Modifications .. Section 10-13-11 : Appeals . SECTION II. This ordinance requires all employers having more than 100 full-time employees, as defined in the ordinance, to adopt a Commute Trip Reduction Plan. The elements of the Plan are detailed in the ordinance. The ordinance makes failure to implement the Commute Trip Reduction Program a civil infraction punishable by a fine not to exceed $250 . 00 and each day of violation a separate violation. � SECTION III . A complete copy of the ordinance will be ' mailed, without charge, upon request to the City Clerk. Date of Publication: February 26, 1993 ORD. 276 : 10/9/92 . CITY OF RENTON, WASHINGTON ORDINANCE NO. 4392 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 13 WHICH IMPLEMENTS MEASURES AS REQUiRED BY RCW 70.94.527. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington, is hereby amended by adding Chapter 13, Commute Trip Reduction, which reads as follows: Section 10-13-1: Definitions. Section 10-13-2: Commute Trip Reduction Goals Section 10-13-3: Designation of CTR Zones and Base Year Values Section 10-13-4: Responsible City of Re�ton Agency. Section 10-13-5: Applicability. Section 10-13-6: Requirements for Employers. Section 10-13-7: Record Keeping. Section 10-13-8: Schedule and Process for CTR Reports. Section 10-13-9: Credit for Transportation Demand Management Efforts. Section 10-13-10: Waivers or Goal Modifications. Section 10-13-11: Employer Peer Review Group. Section 10-13-12 Appeals of Administrative Decisions. Section 10-13-13: Enforcement and Penalties. Section 10-14-14: Severability. Section 10-13-1: Definitions: For the purpose of this ordinance, the following definitions shall apply in the interpretation and enforcement of this ordinance: A. "Affected Employee" means a full-time employee who is scheduled to bebin his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. For the purposes of this ordinance, 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. B. "Affected Employer" means a public or private employer that, for twelve continuous months, employs (100) or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. C. "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. D. "Alternative Work Schedules" mean programs such as compressed work weeks that eliminate work trips for affected empioyees. E. "Average Vehicle Miles Traveled (VMT) Per Employee" means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. F. "Base Year" means the period from January l, 1992, through December 31, 1992, on which goals for average vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based. „ G. Carpool" means a motor vehicle occupied by two (2) to six (6) people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip. H. "City" means the City of Renton. I. "Commute Trips" mean trips made from a worker's home to worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. J. "CTR Plan" means Renton's plan to regulate and administer the CTR programs of affected employers within the jurisdiction. K. "CTR Program" means an employer's strategies to reduce affected employees' SOV use and average employee VMT. L. "CTR Zone" means an area, such as a census tract or combination of census tracts, characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. M. "Commuter Matching Service" means a system that assists in matching commuters for the purpose of commuting together. N. "Compressed Work Week" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. O. "Custom Bus/Buspool" means a commuter bus service arranged specifically to transport employees to work. P. "Dominant Mode" means the mode of travel used for the greatest distance of a commute tri . P ' Q. "Employee" means anyone who receives financial or other remuneration in exchanbe for work provided to an employer, including owners or partners of the employer. R. "Employer" means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other inclividual or entity, whether public, non-profit, or private, that employs workers. S. "Flex-Time" is an employer policy allowing individual employees some flexibility in choosing the time, but not the number of their workinQ hours to facilitate the use of alternative I! b modes. T. "Full-time Employee" means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week. U. "Implementation" means active pursuit by an employer of the CTR goals of RCW 70.94.521-551 and this ordinance as evidenced by appointment of a transportation coordinator, , distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their CTR program and schedule. V. "Mode" means the type of transportation used by employees, such as single-occupant motor vehicle, ride share vehicle (carpool, vanpool), transit, ferry, bicycle, or walking. W. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. X. "Peak Period Trip" means any employee trip that delivers the employee to begin his or her regular workdays between 6:00 a.m. and 9:00 a.m. (inclusive) Monday through Friday, except legal holidays. Y. "Proportion of Single-Occupant Vehicle Trips" or "SOV Rate" means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. Z. "Single-Occupant Vehicle (SOV)" means a motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. AA. "Single-Occupant Vehicle (SOV) Trips° means trips made by affected employees in SOVs. BB. "Single Worksite" means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers. CC. "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. ' DD. "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. EE. "Transportation Management Association (TMA)" means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extencis beyond city limits. FF. °Vanpool" means a vehicle occupied by seven (7) to fifteen (15) peopfe traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip. GG. "Waiver" means an exemption from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. HH. "Week" means a seven day calendar period, starting on Monday and continuing through Sunday. II. "Weekday" means any day of the week except Saturday or Sunday. , JJ. °Writing", "Written", or "In Writing" mean 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. 10-13-2: Commute Trip Reduction Goals The commute trip reduction goals for employers affected by this ordinance are to achieve the following reductions in average vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the 1992 base year values of the Soiith King County and East King County zones: A. 15 percent by January l, 1995 B. 25 percent by January 1, 1997 C. 35 percent by January 1, 1999 10-13-3: Designation of CTR Zones and Base Year Values 3 Employers in the City of Renton fall within the CTR zones designated by the boundaries shown on the maps in the CTR Plan. The base year value of these zones for proportion of SOV trips shall be 85 percent of trips. The base year value for average vehicle miles traveled per employee shall be set at 9.3 miles. Commute trip goals for major employers shall be calculated from these values. Therefore, affected employers in the City of Renton shall establish programs designed to result in SOV rates of not more than 72 percent in 1995, 64 percent in 1997, and 55 percent in 1999 and average VMT per employee of not more than 7.9 miles in 1995, 7.0 miles in 1997, and 6.0 miles in 1999. 10-13-4: Responsible City of Renton Agency: The City of Renton agency responsible for implementing this ordinance, the CTR Plan, and the City of Renton CTR Program is the Department of Planning/Building/Public Works throu�h the Administrator or his/her designee who is hereby given authority necessary to carry out administrative responsibilities itemized in, and referenced by, this ordinance. 10-13-5: Applicability: The provisions of this ordinance shall apply to any affected employer at any single worksite within the corporate limits of the City of Renton. Employees will only be counted at their primary worksite. The following classifications of employee are excluded from the counts of employees: 1.) seasonal agricultural employees, including seasonal employees of processors of agricultural products and 2.) employees of construction worksites when the � expected duration of the construction is less than two years. A. Notification of Applicability: 1. In addition to the City of Renton's established public notification for adoption of an ordinance, a notice of availability of a summary of this ordinance, a notice of the � requirements and criteria for affected employers to comply with the ordinance, and subsequent revisions shall be published at least once in the City of Renton's official newspaper within 30 days after passage of this ordinance or revisions. 2. Known affected employers located in the City of Renton will receive written notification that they are subject to this ordinance. Such notice shall be by certified mail or delivery, return receipt. Such notification shall be delivered within 30 days after passabe of this ordinance. 3. Affected employers that, for whatever reasons, do not receive notice within 30 days of passage of the ordinance must identify themselves to the City within 180 days of the passage of the ordinance. Once they identify themselves, such employers will be granted 150 days within which to develop and submit a CTR program. B. New Affected Employers: Employers that meet the definition of "affected employer" in this ordinance must identify themselves to the City of Renton within 180 days of either moving into the boimdaries of the City of Renton or growing in employment at a worksite to one h�mdred (100) or more affected employees. Once they identify themselves, such employers shall be granted 150 days to develop and submit a CTR program. New affected employers shall have two years to meet the first commute trip reduction goal of 15 percent; four years to meet the second goal of 25 percent; and six years to meet the third goal of 35 percent from the time they begin their program. C. Change in Status as an Affected Employer: Any of the following changes in an employer's status will change the em�loyer's CTR program requirements: 1. If an affected employer can document that it faces an extraordinary circumstance that will changes its status as can apply for a waiver. 2. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and has not employed one hundred (100) or more affected employees for the past twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the City of Renton that it is no longer an affected employer. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an "unaffected" employer, that employer shall be treated as a new affected employer, and will be subject to the same program requirements as other new affected employers. 10-13-6: Requirements for Employers: An affected employer is required to develop and implement a CTR program that will encourage its employees to reduce average VMT per employee and SOV commute trips. The CTR program must include the mandatory elements described below that are necessary to achieve the CTR goals incorporated into this ordinance. The employer shall submit a description of its program to the City of Renton and provide an annual progress report to the City of Renton 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 elements. 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 desibnee'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 of Renton. An affected employer with multiple sites may have one transportation coordinator for all sites. 2. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. 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 toward meeting the SOV reduction goals. Affected employers shall file an annual progress report with the City of Renton in accordance with the format established by this ordinance 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: I (a) provision of preferential parking or reduced parking charges, or both, for high-occupancy vehicles; (b) instituting or increasing parking charges for SOVs; (c) provision of commuter ride matching services to facilitate employee ride-sharing for corrimute trips; (d) provision of subsidies for transit fares; (e) provision of vans for vanpools; (� 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 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. 10-13-7: Record Keeping: Affected employers shall maintain all records required by the Planning/Building/Public Works Department for the duration of the CTR ordinance. 10-13-8: Schedule and Process for CTR Reports, Program Review and Implementation: A. CTR Program: Not more than six months after the adoption of this ordinance, or within six months after an employer becomes subject to the provisions of this ordinance, the employer shall develop a I CTR program and shall submit to the City of Renton a description of that program for review. ', B. CTR Annual Reporting Date: Employers will be required to submit an annual CTR report to the City beginning with the � first annual reporting date assigned during the initial program submittal, the annual reporting date shall be no less than 12 months from the day the initial program description is submitted. Subsequent years' reports will be due on the same date each year. C. Content of Annual Report: The annual progress report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Survey information or alternative information approved by the Planning/Building/Public Works Department must be provided in the 1995, 1997, and 1999 reports. D. Program Review: The City of Renton shall provide the employer with written notification indicating whether a CTR program was approved or deemed unacceptable. 1. Initial program descriptions will be deemed acceptable if 1) All requirecl information on the program description form is provided, and 2) the program .description includes the following information: a. Name,. location, and telephone number of the Employee Transportation Coordinator for each worksite. b. Plan for and documentation of regular distribution of information to employees about the employer's CTR program at the worksite, including alternatives to drivinb alone to work. c. Plan for and implementation of at least one additional measure designed to achieve the applicable goal. 2. Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year's program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV goals. , 3. Beginning in 1995, the programs described in the annual reports will be deemed acceptable if either the SOV trip or the average VMT per employee have been met. If neither � goal has been met, the employer must propose modifications designed to make progress toward the applicable goal in the coming year. If the revised program is not approved, the City shall propose modifications to the program and direct the employer to revise its program within 30 days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent. 4. Program Modification Criteria: The foliowing criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining reguirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be reguired to modify the CTR program; 2. If an employer meets the goals for proportion of SOV trips but not for average VMT per employee, the City of Renton may recommend program modifications, but in recognition of the employer's successful efforts in reducing SOV tr.ips, will not penalize the em lo er if it does not im lement recommended modifications• P Y P � 3. If an employer fails to meet both the VMT per employee goal and the SOV rate goal, the City of Renton shall propose modifications to the CTR program and direct the em lo er to revise its ro ram and ma enalize the em lo er if it does not im lement P P g , P P Y Y P Y recommended modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of certified return receipt. The City of Renton 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 of Renton will send notice (certified return receipt) to that effect to the employer within 30 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 of Renton within 10 working days of the conference. 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 made in writing prior to the due date anytime the program submission will be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 allowed extension days per year. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or dif�culties with an ro ram element s shall not be cause for discontinuin or failing to YP g � ) g . 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 Planning/BuildinglPublic Works Department. F. Implementation of Employer's CTR Program: Unless extensions are granted, the employer shall implement the approved CTR pro�ram not more than 180 days after the program was first submitted to the City. Implementation of modified programs will occur within 30 days following City approval of such modifications. 10-13-9: Credit For Transportation Demand Management Efforts: A. Credit for Programs Implemented Prior to the Base Year Employers with successful transportation demand management programs implemented prior ' to the 1992 base year may apply to the City for program credit. ' 1. Employers whose average VMT per employee and proportion of SOV trips are already � equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year's annual report. 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 or greater reduction from the base ' year zone values. This three percentage point credit applies only to the 1995 CTR goals. , For the initial year, employer requests for program credit are due within three months after notification that the employer is subject to this ordinance. Requests for program credit must be received by the employer's assigned reporting dates in 1995 and 1997 for succeeding years. Application for program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant's average VMT per employee and proportion of SOV trips. If any of these reports indicates the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. B. Credit for Work-At-Home, Walking and Bicycle Commuting. For purposes of counting commute vehicle trips, telecommuting, alternative work schedules-(excluding flex-time), bicycling, and walking count as one and two=tenths (1.2) commute trips eliminated. This also applies to average VMT per employee. 10-13-10: Waivers or Goal Modifications: A. Waivers: An affected employer may request the City of Renton to grant a waiver from CTR program requirements for a particular worksite. A waiver may be granted if and only if the affected employer demonstrates that it faces an extraordinary circumstance as a result of the characteristics of its business, its work force, or its location(s) and is unable to implement measures that could reduce the proportion of SOV trips and average VMT per employee. Requests for waivers applying to the initial program submittal are due within three months i after the employer has been notified that it is subject to this ordinance and thereafter reguests can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The City shall review annually all employers receiving waivers and shall determine whether the waiver will continue to be in effect during the following probram year. B. Modification of CTR Program Goals: Any affected employer may request from the City of Renton a modification of program goals. Grounds for granting modification and the associated modification are limited to the conditions described in the following paragraphs(Section 10.13.10.b1-4). l. An affected employer can demonstrate it requires: a. Significant numbers of its employees to use the vehicles they drive to work durinb the work day for work purposes, that no reasonable alternative commute mode exists for these employees, and that the vehicles cannot reasonably be used for carpools or vanpools. b. Some employees to work variable shifts during the year, so that these employees sometimes begin their shifts within the 6:00 a.m. to 9:00 a.m. time period and other times begin their shifts outside that time period. (Exception: If there are a significant nwnber of employees who work an identical shift rotation those employees would be expected to be part of the employer's CTR program measurement, as they form enough of a consistent pool to maintain ridesharing arrangements.) If an employer provides documentation indicating how many employees meet either of these conditions, the applicable goals will not be changed but the employees fall into these catebories will not be included in the calculations of proportion of SOV trips and average VMT per employee used to determine the employer's progress toward program goals; 2. An affected employer demonstrates that its worksite is contiguous with a CTR zone boundary and that the worksite conditions affecting alternative commute options are similar to those for employers in the adjoining CTR zone. Under this condition, the employer's worksite may be made subject to the same goals for average VMT per employee and proportion of SOV trips as employers in the adjoining CTR zone. (Employers may only request a modification based on conditions 1 and 2 above within three months after being notified that they are subject to this ordinance; 3. Unanticipated conditions, such as unavailability of alternative commute modes due to factors related to the worksite, and employer's work force, or characteristics of the business that are beyond the employer's control. A request for goal modification based on this ' condition must be made by the employer's assigned repoRing dates in 1995 and 1997. 4. Relocation of a worksite to another CTR zone. Requests for goal modification based on this condition may be made at any time. All requests for modification of CTR program goals must be made in writing by certified mail or delivery, return receipt. 10-13-11: Employer Peer Review Group ' A. Purpose and Appointment of Members The City may appoint member(s) from affected empioyers to regional and subregional employer peer review groups created through interlocal agreement with other jurisdictions. The speci�c functions of the peer review group shall be determined by the interlocal agreement. B. Limitations of Peer Review Group Any peer review group shall be advisory in nature. The City shall not be bound by any comments or recommendations of any peer review group. 10-13-12: Appeals of Administrative Decisions: A. Appeal of Final Decisions: Employers may file a written appeal of the City's final decisions regarding the following actions: ' 1. rejection of an employer's proposed program 2. denial of an employer's request for a waiver or modification of any of the requirements under this ordinance or a modification of the employer's program. ! 3. denial of credits requested under Section 10.13.9 Such appeals must be filed with the City within twenty (20) days after the employer receives notice of a final decision. Timely appeals shall be heard by the City of Renton Hearing Examiner. Determinations on appeals sha(1 be based on whether the decision being appealed is consistent with the state law. 10-13-13: Enforcement and Penalties A. Compliance: - For purposes of this section, compliance shall mean fully implementing all provisions in an accepted CTR program or meeting or exceeding average VMT and SOV goals of this ordinance. B. Violations: The following constitute violations if the deadlines established in this ordinance are not met: 1. Failure to develop and/or submit on time a complete program, including: (a) employers notified or that have identified themselves to the City of Renton within 180 days of the ordinance being adopted and that do not submit a CTR program within 150 days from the notification or self-identification and (b) employers not identified or self-identihed within 180 days of the ordinance being adopted and that do not submit or implement a CTR probram within 180 days from the adoption of the ordinance; 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 ancl SOV goals as specified in ordinance; or 3. Failure to modify an unacceptable CTR program after 1995. 4. Failure to submit required documentation for annual reports. 5. Submission of fraudulent data. C. Penalties: 1. Failure to implement the CTR Program shall be a civil infraction punishable by a fine not to exceed 250.00. Each da of failure to im lement modif or submit the $ y p , y, program shall constitute a separate violation. Submission of fraudulent data shall constitiite a violation. 2. 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 certi�ed \ 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 of Renton and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). D. Appeals of Penalties Affected employers may appeal penalties pursuant to RCW 7.80.100. 10-13-14: Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance 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 Ordinance, it being herein expressly declared that this Ordinance and each section, subsection, . paragraph, sentence, clause, and phrase therof 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 II. This ordinance shall be effective upon its passage, approval, and thirty days after its publication. I PASSED BY THE CITY COUNCIL this 22nr�ay of February � 1�393:.' v . Marilyn J. te� en, City Clerk � � � APPROVED BY THE MAYOR fhis 22n�a of February , 1993. Earl Clymer, Mayrn Approved as form: ��v�� �z��- Lawrence J. Warren, City Attorney Date of Publication: February 26 , 19 9 3 ORD. 273:2/8/93:1g.