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a. either (i) LOS at any City street or intersection <br /> has deteriorated to mid-LOS D (vehicle/capacity <br /> ratio of 0.86) or worse and a forty-five percent <br /> (45%) reduction in peak period employee commute <br /> trips has not yet been required by the staged TSM <br /> goals, nor achieved; or (ii) peak period reductions <br /> in employee commute trips in excess of forty-five <br /> percent (45%) are necessary to ensure any City <br /> street or intersection does not reach LOS E, as <br /> determined by the TSM Task Force; and <br /> <br /> b. The TSM Task Force determines that the employers <br /> are the primary contributors to the congestion at <br /> the affected City street or intersection. <br /> <br /> 2. The TSM Task Force shall specify a new peak period <br /> employee commute trip reduction goal and indicate <br /> those kinds of measures which may be used in addition <br /> to the then-existing TSM Program to achieve an <br /> acceptable modified TSM Program. <br /> <br /> 3. Employers required to modify their TSM Programs <br /> pursuant to this subsection may appeal in accordance <br /> with the procedure set forth in Section 17.24,090A. <br /> <br />17.24.100 ENFORCEMENT <br /> <br /> Failure to achieve the peak hour vehicle reduction goals or <br />AVR goals is not an infraction of this ordinance. <br /> <br /> A. Failure to Provide Survey Data, Annual Reports, and/or <br /> Provide and Implement TSM Information Programs and TSM <br /> Programs. Any employer or complex who fails to provide <br /> the survey data or annual report required by this <br /> ordinance, after thirty (30) days notice to remedy the <br /> failure, shall be guilty of an infraction. Any employer <br /> or complex who fails to implement the Information Program <br /> or TSM Program, as required by this ordinance, after <br /> thirty (30) days notice to remedy the failure, shall be <br /> guilty of an infraction. <br /> <br /> 1. The fine shall be an amount not exceeding one <br /> hundred dollars ($100) for the first infraction, and <br /> amount not exceeding two hundred dollars ($200) for a <br /> second infraction, and an amount not exceeding five <br /> hundred dollars ($500) for a third infraction within <br /> a twelve (12) month period. The fourth (4th) <br /> violation within a twelve (12) month period <br /> automatically becomes a misdemeanor. Any amounts <br /> collected as infraction fines shall be used to fund <br /> the development and purchase of TSM marketing <br /> materials for Pleasanton employers. <br /> <br /> 21 <br /> <br /> <br />