Note: Prior ordinance history: Ord. 2468-94.
The purpose of this chapter is to promote the development of transportation demand management ("TDM") programs at employer work sites in order to reduce traffic impacts and improve air quality. In order to accomplish that purpose, this chapter establishes certain program requirements to facilitate the effective administration of TDM programs and to require progress toward achieving average vehicle ridership goals. Additionally, this chapter enacts enforcement procedures to ensure that the TDM goals outlined in Chapter 19.45 are achieved.
(Ord. 3098-16 § 1)
The director of public works shall develop detailed procedures
and guidelines to ensure the orderly and efficient administration
of the requirements of this chapter. These procedures and guidelines
are incorporated into this chapter as the TDM Program Guidelines,
which may be amended from time to time by the director of public works.
The director shall appoint a City TDM Program Manager to implement
the requirements of the TDM Program Guidelines.
(Ord. 3098-16 § 1)
A violation of the TDM program requirements by the TDM Program
owner, as further set forth in the TDM Program Guidelines, may result
in the assessment of administrative penalties by the city's
TDM Program manager. The TDM administrative penalties shall be adopted
by city council resolution and may be amended as necessary by council.
(Ord. 3098-16 § 1)
The TDM Program owner may appeal the TDM administrative penalties
to the TDM hearing officer within fifteen days of the date of assessment
of the penalties, as further outlined in the administrative penalty
notice. The TDM hearing officer shall be the director of public works
or designee. The hearing officer shall fix a time and place for hearing
such appeal and shall give notice thereof in writing to the TDM Program
owner by serving it personally, electronically or by depositing it
in the United States mail addressed to the TDM Program owner.
(Ord. 3098-16 § 1)
(a)
The hearing officer may conduct the hearing informally, both as to
rules of procedure and admission of evidence, in any manner which
will provide a fair hearing.
(b)
At the hearing, the party contesting the administrative penalty shall
be given the opportunity to testify and to present evidence concerning
the administrative penalty.
(c)
The failure of any recipient of an administrative penalty to appear
at the administrative hearing shall constitute a waiver of any objections
to the imposition of the penalty or other appropriate remedy imposed
by the hearing officer, and a failure to exhaust their administrative
remedies.
(d)
The peak hour trip count report submitted by the city's TDM
Program manager shall constitute prima facie evidence of the respective
facts contained in those documents.
(e)
The hearing officer may continue the hearing and request additional
information from the city's TDM Program manager or the recipient
of the administrative penalty prior to issuing a written decision.
(Ord. 3098-16 § 1)
After considering all of the evidence submitted at the hearing,
the hearing officer shall issue a written decision to uphold, cancel
or modify the administrative penalty and shall state in the decision
the reasons for that decision. The decision of the hearing officer
shall be final.
(Ord. 3098-16 § 1)
The recipient of an administrative penalty may seek judicial
review of the final decision by filing a petition for review with
the superior court in accordance with the timelines and provisions
set forth in the Code of Civil Procedure Section 1094.5 et seq.
(Ord. 3098-16 § 1)
The city may utilize any appropriate remedy in this code or
under state law in order to collect any unpaid TDM administrative
penalties.
(Ord. 3098-16 § 1)
