(Ord. No. 188,198, Initiative Ordinance adopted by the voters on 3/5/24, eff. 4/9/24.)
(a) Definitions. For the purposes of this Section 85.11:
“Enhanced Complete Street System” means the network of major streets described in the Mobility Plan that facilitate multi-modal mobility within the citywide transportation system. This system consists of five networks: Pedestrian-Enhanced Districts, Bicycle-Enhanced Network, Bicycle Lane Network, Transit-Enhanced Network, and the Vehicle-Enhanced Network.
“Improvements” means any paving project or other modification of at least one-eighth (1/8) of a mile in length on a City-owned right-of-way (including a street, parking strip, or sidewalk). “Improvements” do not include restriping of the road without making other improvements, routine pothole repair, utility cuts, or emergency repairs. For the purposes of this Ordinance, two or more projects covering a continuous segment of the street shall be considered a single paving project or other modification, provided that construction on the projects commence within one year of each other.
“Mobility Plan” means Mobility Plan 2035, originally adopted by the City Council on August 11, 2015 as the Circulation Element of the City’s General Plan, as amended through December 31, 2021.
“Mobility Plan Street” means a street, or segments thereof, identified in the Mobility Plan’s Network Concept Maps, specifically: Map B – Transit Enhanced Network, Maps C1 - C5 – Neighborhood Enhanced Network, Maps D1 - D2 – Bicycle Enhanced Network and Bicycle Lane Network, Map E – Vehicle Enhanced Network, Map F – Pedestrian Enhanced Districts, and Map G – Goods Movement.
(b) Requirements.
(1) Whenever the City makes Improvements to a segment of a City-owned Mobility Plan Street, the Mobility Plan street enhancements described in the Enhanced Complete Street System shall be installed along that segment as part of the improvements undertaken by the City.
(2) The City shall deploy an Open Data portal or project website that will provide the public access to monitoring and evaluation data for the implementation of the Mobility Plan as required by this Ordinance. The City shall make the following information publicly available shall post the following information on the Open Data portal or project website before any improvements are commenced:
(A) A brief description of each Improvement project that is completed, ongoing, or planned within the City, including the distance covered by the project;
(B) The location of each Improvement project;
(C) The status of each Improvement project (e.g. completed, in progress, approved);
(D) The Enhanced Complete Street System enhancements that are planned to be installed or completed; and
(E) A list of all improvement projects on Mobility Plan Streets that the City has determined are not required to be improved pursuant to Section 85.11(b)(1) and the reason the City determined it does not apply.
The City shall make the Open Portal or project website, including information about relevant improvements, available to the public one (1) year after the effective date of the Ordinance.
(c) Enforcement.
(1) Any individual residing within the City may bring a civil action to enjoin violations of or compel compliance with the provisions of this Ordinance.
(2) The court may award to a party, other than the City or any of its commissions, boards, departments or agencies, who prevails in any civil action authorized by this Ordinance, the party’s costs of litigation, including reasonable attorneys’ fees.