§ 8-29.26. Fees and Penalties.

a.

Fees to be charged for employer and center ETR Plan review, ETR Plan appeal, penalty for nonimplementation, penalty for late submissions and nonattainment fees shall be established by resolution. Fines and penalties do not accrue on weekends and holidays officially observed by the City of Alameda. All fees and penalties shall be calculated as set forth by resolution.

b.

ETR Plan Review Fee. An employer or center at the time of submission of an ETR Plan pursuant to subsection 8-29.15, shall pay a review fee. This fee applies both at the time of initial submittal as well as subsequent updates. This fee does not apply to the resubmittal of a disapproved Employer Trip Reduction Plan. This fee is applicable to all employers and centers required to submit ETR Plans pursuant to subsection 8-29.15.

c.

ETR Plan Appeal Fee. An employer or center at the time of appeal of a disapproved ETR Plan pursuant to section 8-29.29, shall pay an appeal fee. This fee is applicable to all employers and centers who file appeals of disapproved ETR Plans.

d.

Penalty Structure for Nonimplementation. Any employer or center or any employer who alone or as part of a center fails to substantially implement the strategies called for in its ETR Plan shall be charged a nonimplementation fee. The TSM Committee shall at each subsequent semimonthly meeting assess whether an employer or center has substantially implemented their ETR Program. The TSM Committee shall notify the employer or center in writing of any deficiency and they shall have thirty (30) days to rectify the deficiency. Penalties shall begin accruing thirty (30) days after notification of the deficiency and shall continue to accrue until such time as the participant can establish, in writing to the satisfaction of the TSM Committee, that the programs have been implemented.

e.

Penalty Structure for Late Submissions. Any employer or center or any employer who alone or as part of a center fails to submit materials as called for under this section shall be charged a per day penalty.

f.

Nonattainment Fee for Failure to Meet Performance Objectives. In the year 2002, the City of Alameda may charge, as recommended by the TSM Committee, any or all employers or centers that do not achieve the performance objectives as set forth in section 8-29.8, a nonattainment fee. The nonattainment fee shall be charged for employee parking at the work site. This nonattainment fee shall not preclude any employer or center from levying additional charges for parking at their own discretion.

g.

Each employer or center that fails to meet the objectives called for in section 8-29.8 and is required by the TSM Committee to charge a nonattainment fee, shall submit to the City by June 30th of the year 2002 a parking management plan which identifies the method of fee collection, anticipated revenue and the anticipated ETR Programs and costs to be funded with these fees. The parking management plan shall be implemented within ninety (90) days of approval by the TSM Committee. The employer, or center shall collect fees and such fees shall be used to fund the ETR Programs outlined in the parking management plan. The employer or center shall, on June 30th of each year, submit an audited accounting statement identifying sources and distribution of the monies collected in the previous calendar year. An employer or center may submit an alternative parking management plan for their work site which shall be subject to review and approval by the TSM Committee. If approved, the alternative parking management plans shall be subject to annual review and approval by the TSM Committee. This subsection is subject to review and modification by the TSM Committee, and approval by Council, to assure consistency with regional parking demand management policies.

(Ord. No. 2670 N.S. § 2)