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(4) Any employer or complex whose TSM Program has been <br /> rejected or modified pursuant to this subsection <br /> may appeal the decision of the TSM Task Force to <br /> the City Council. A hearing shall be held before <br /> the City Council within thirty (30) days of receipt <br /> of the appeal by the Pleasanton Coordinator. The <br /> City Council ~nay approve, modify, or overrule the <br /> action of the TSM Task Force. <br /> <br /> (b) Revi~;ion of TSM Programs Due to Failure to Achieve <br /> <br /> (1) The TSM Task Force may require additional TSM <br /> Program elements of individual employers and/or <br /> complexes meeting their staged TSM goals if: <br /> <br /> (A) either (i) LOS at any City street or intersection <br /> has deteriorated to mid-LOS D (vehicle/capacity <br /> ra'tio of 0. 86) or worse and a forty-five <br /> percent (45%) reduction in peak period employee <br /> commute trips has not yet been required by <br /> the staged TSM goals, nor achieved; or (ii) peak <br /> period reductions in employee commute trips in <br /> excess of forty-five percent (45%) are <br /> necessary to ensure any City street or intersection <br /> does not reach LOS E, as determined by the <br /> TSM Task Force; and <br /> <br /> (B) the TSM Task Force determines that the employers <br /> and/or complexes are the primary contributors <br /> to the congestion at the affected City street <br /> or intersection. <br /> <br /> (2) The TSM ]'ask 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 <br /> addition to the then-existing TSM Program to <br /> achieve an acceptably modified TSM ~ro~ram. <br /> <br /> (3) Employers and/or complexes required to modify their <br /> TSM Programs pursuant to this subsection may <br /> appeal in accordance with the procedure set forth <br /> in Section X(a)(4). <br /> <br />XI. ENI,~0RCEMEN'F. <br /> <br />(a) Failure to Provide Survey Data, Annual Reports, <br /> ~'~l~"F'~r~?~i-'t]~a~l"fmolement TSM Infbrmation Pro rams <br /> ii~f~!Y'~'i~'~f'P'i:'c~i:'~-~'~i['i'7 ~X~'~Te'{'ffB'I~y~:~"'oF'd~'n~'p'i~i~'~hb °-~ai 1 s t o <br /> pr6'¢!.{'ile Cijl~ ..~{ifVey data o~ annual report required by <br /> this ordinance, after thirty (30) days notice to remedy <br /> the fai. l. ure, sha].l be guilty of an infraction. Any <br /> employer or complex who fails ~o provide the TSM Information <br /> Program and/or TSM Program, and/or who fails to implement <br /> <br /> -14- <br /> <br /> <br />