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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: - -- - 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 i o 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 2 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 3 - 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. 4 ORDINANCE NO. 4 719 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; 5 l 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 6 ORDINANCE NO. 4 719 � 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, � .. . l 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 L 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 8 � _ 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. 9 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 lo i ORDINANCE NO. 4 719 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 11 1 • ORDINANCE NO. 4 719 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. - , � � Marilyn J. Pe rs n City Clerk , I 12 I ORDINANCE NO. 4�19 �� APPROVED BY THE MAYOR this 4 th day of May , 1998. � ' 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 13