ORD 2146 ORDINANCE NO :
AN ORDINANCE amending Chapter 10 . 3 6 , the City Commute
Trip Reduction ( CTR) plan adopted pursuant to RCW 70 . 94 . 527 .
WHEREAS , the City has previously enacted Ordinance No . 1916 which adopted the City
Commute Trip Reduction plan , and
WHEREAS , the City continues to recognize the importance of increasing individual
citizens awareness of air quality , energy consumption , and traffic congestion , and the
contribution individual actions can make towards addressing those issues , and
WHEREAS , a number of legislative and administrative changes to the Commute Trip
Reduction program have taken place , and the state technical assistance team has reviewed the
changes and has made recommendations for amendments to the Commute Trip Reduction
ordinances and plan of municipalities ,
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CAMAS AS FOLLOWS :
Section I
definition is added to Section 10 . 36 . 010 of the Camas Municipal Code to
The following
provide as follows :
10 . 36 . 010 - Definitions - " Good faith effort" means that an
employer has met the minimum requirements identified in RCW
70 . 94 . 531 and this ordinance , 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 ,
Section II
Section 10 . 36 . 050 ( c ) is amended to provide as follows :
10 . 36 . 050 ( c) - Modification of CTR Program Elements The
following criteria for achieving goals for VMT per employee and
proportionate of SOV trips shall be applied in determining
requirements 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
required to modify the CTR program ;
2 . If an employer makes a good faith effort , as defined in
RCW 70 . 94 . 534 (2 ) and in 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
Ordinance No . Page 2
modifications , the employer shall submit a revised CTR
program description to the City for approval within thirty
( 30 ) days .
3 . If an employer fails to make a good faith effort as defined
in RCW 70 . 94 . 534 (2 ) and this ordinance , and fails to meet
the applicable SOV or VMT reduction goal , the City shall
work collaboratively with employer to identify
modifications to the CTR program and shall direct the
employer to revise its program within thirty ( 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 ( 3 0 )
days of notice served certified mail , 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 mail , return receipt) to that effect to the employer
within thirty ( 3 0 ) days , and if necessary , require the
employer to attend a conference with the 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 ( 10 )
working days of the conference .
Section III
Section 10 . 36 . 050 ( d ) is amended to read as follows :
10 . 36 . 050 ( d ) - Exemptions from CTR Program Requirement -
1 . An affected employer may request the City to grant an
exemption from all CTR program requirements . The
affected employer shall demonstrate that it would be
impossible to meet all of the CTR program requirements or
that it would experience undue hardship in complying with
the requirements of this chapter as a result of the
characteristics of its business , work force , or locations .
Exemptions may be granted by the City during the initial
review of the CTR program , or at the time of 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 year .
2 . Specific employees or groups of employees who are
required to drive alone to work as a condition of
employment may be exempted from a work site CTR
program . Exemptions may also be granted to 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 task force 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
0n effect during the following program year .
Ordinance No , Page 3
Section IV
There is hereby added a new subsection to Section 10 . 36 . 050 of the Camas Municipal
Code to provide as follows :
10 . 36 . 050 ( e) - Good Faith Effort - An affected 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 VMT per
employee and SOV commute trips .
Section V
Section 10 . 36 . 060 ( a) is amended to provide as follows :
10 . 36 . 060 ( a) - Percentage reductions of SOV ' s and VMT ' s -
Except as otherwise provided in this chapter, an affected employer
shall include in its CTR program measures designed to achieve the
following percentage reductions from the base year values for the
CTR zone in which the affected employer is located by calculating
the VMT ' s and SOV ' s of its affected employees :
YEAR PERCENTAGE PERCENTAGE
REDUCTION REDUCTION
OF VMT ' s OF SOV ' s
1995 15 % 15 %
1997 20 % 20 %
1999 25 % 25 %
2005 35 % 35 %
The base year values for the CTR zones and a map of the CTR
zones within the City shall be set forth in the City ' s CTR plan .
Section VI
Section 10 . 36 . 060 ( d) of the Camas Municipal Code is amended to provide as follows :
10 . 36 . 060 ( d) - Modification of CTR Goals -
1 . An affected employer may request that the City modify its
CTR program goals . Such request shall be filed in writing
at least sixty ( 60 ) days prior to the date the work site is
required to submit its program description and annual
report . The goal modification request must clearly explain
why the work site is unable to achieve the applicable goal .
The work site must also demonstrate that it has
implemented all of the elements contained in its approved
CTR program .
2 . 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 .
Ordinance No . Page 4
3 . An employer may not request a modification of the
applicable goals until one ( 1 ) year after City approval of its
initial program description and annual report .
Section VII
Section 10 . 36 . 050 (b ) ( 7 ) is amended to provide as follows :
10 . 36 . 050 (b ) ( 7) - Annual Progress ReDort - The CTR program
must include an annual review of employee commuting and of
progress and good faith efforts towards meeting the SOV reduction
goals .
Section VIII
Section 10 . 36 . 090 ( c) is amended to provide as follows :
10 . 36 . 090 ( c) - 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 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-
identified within 180 days of the ordinance being adopted
and that do not submit or implement a CTR program within
180 days from the adoption of the ordinance ;
2 . Failure to implement an improved CTR program , unless the
program elements that are carried out can be shown through
quantifiable evidence to meet or exceed VMT and SOV
goals as specified in this ordinance ; or
3 . Failure to make a good faith effort , as defined in RCW
70 . 94 . 534 (2 ) ; or
4 . Failure to revise a CTR program as defined in RCW
70 . 94 . 534 (4 ) and this ordinance .
Section IX
Section 10 . 36 . 100 (b) is amended to provide as follows :
The penalty for a first violation shall be $ 100 . 00 per day . The
penalty for subsequent violations shall be $ 250 . 00 per day . Each
day of failure to implement the program shall constitute a separate
violation .
Section X
There is hereby added to Section 10 . 36 . 100 (e) a new subsection to provide as follows :
10 . 36 . 100 ( e) - Defense - No affected employer with an approved
CTR program may be held liable for failure to reach the applicable
SOV or VMT 9oals .
Ordinance No , Page 5
Section XI
This ordinance shall take force and be in effect five ( 5 ) days from and after the
publication according to law .
PASSED by the Council and APPROVED by the Mayor this day of December ,
1997 .
SIGNED :
Mayor
ATTEST :
Clerk
AVPROVED as to form :
City Attorney