As used in this ordinance, the following words and phrases have
the meanings respectively ascribed thereto in this section:
shall mean any system for shifting the work day of an employee
so that the work day starts or ends outside of the peak periods. Such
programs include but are not limited to: (1) compressed work weeks;
(2) staggered work hours involving a shift in the set work hours of
employees at the work place; (3) flexible hours involving individually
determining work hours within guidelines established by the employer.
shall mean a motor vehicle occupied by two or more employees
commuting together.
shall mean any multi-tenant, non-residential building or
group of buildings that houses employees. A complex may have more
than one but not necessarily all of the following characteristics:
It is known by a common name;
It is governed by a common set of covenants, conditions, and
restrictions;
It was approved, or is to be approved, as an entity by the city;
It is covered by a single subdivision or parcel map;
It is operated by a single management;
It shares common parking.
shall mean any person hired by an employer for work at the
work place, working 20 hours or more per week on a regular full-time
basis, including independent contractors, but excluding field construction
workers, field personnel, seasonal/temporary employees (working less
than 90 days consecutively) and volunteers.
shall mean a person, who could be an employee or an employer
or sponsor, designated to implement a TSM trip-reduction program and
to carry out any other requirements of this ordinance at a work place.
shall mean any public or private employer, including the
city, who has a permanent place of business in the city. "Employer"
shall not include contractors or other business entities with no permanent
place of business in the city.
shall mean the agreement approved by the city and one or
more other cities to establish an organization and procedures for
governing a joint TSM program.
shall mean that agency created under the "Joint Powers Agreement
Establishing the Inter-City Transportation Systems Management (TSM)
Authority."
shall mean the periods of highest traffic volume and congestion
which are from 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.,
Monday through Friday, inclusively. A peak period trip shall mean
an employee commute trip to or from a work place when the employee's
work day begins or ends within a peak period.
shall mean publicly provided transportation, usually either
by bus or rail.
shall mean the transportation of persons in a motor vehicle
for commute purposes where the driver is not employed for that purpose.
The term includes arrangements known as carpools and vanpools.
shall mean a vehicle occupied by one employee.
shall mean the owner(s) or developer(s) or manager(s) of
a commercial development project or complex.
shall mean a system of working at home or at an off-site,
non-home telecommute facility for the full work day on a regular basis
at least one day per week.
shall mean a program to improve the movement of persons through
better and more efficient use of the existing transportation system.
shall mean the group responsible for policy direction of
the TSM organization, with membership and responsibilities as defined
in the Inter-City Agreement. Responsibilities also include the general
direction of the TSM Coordinator and program as set forth in the Inter-City
Agreement.
shall mean a group of measures developed and implemented
by an employer to provide transportation information, commute alternatives
assistance and incentives to employees.
shall mean a van occupied by seven or 15 employees (of the
same or multiple employers) including the driver who travel together
during the majority of their individual commute distance.
shall mean any real property, real or personal, which is
being operated, utilized maintained, or owned by an employer as part
of an identifiable enterprise. All property on contiguous, adjacent,
or proximate sites separated only by a private or public roadway or
other private or public right-of-way, served by a common circulation
or access system, and not separated by an impassable barrier to bicycles
or pedestrian travel such as a freeway or flood control channel is
included as part of the work site.
(Ord. 1518 § 3, (1995))
The TSM coordinator shall be employed by the Joint Powers Authority
and shall serve as staff in administering the TSM provisions of this
ordinance as provided in the Inter-City Agreement. Duties shall include,
but are not limited to, assisting employers in carrying out TSM responsibilities,
providing commute alternatives assistance, preparing summary reports,
and developing incentives for employer participation in the TSM program.
(Ord. 1518 § 3, (1995))
(a)
Each employer within the city subject to the Bay Area Air Quality
Management District's (BAAQMD) Regulation 13, Rule 1 (regional employer-based
trip-reduction rule), shall conform to the employer-based trip-reduction
program requirements established and enforced by the BAAQMD.
(b)
Each employer of 25 or more employees, and every sponsor of 25 or
more employees, is encouraged to distribute to its employees on a
regular basis, commute alternatives information on ridesharing, transit,
bicycling, etc.; and participate when possible in programs, sponsored
by the Joint Powers Authority, that may contribute to the reduction
of single occupant vehicle commute trips.
(Ord. 1518 § 3, (1995))
(a)
Impact Fees. To the extent that available funding is not adequate,
the TSM Board of Directors is authorized to determine and levy annual
fees upon all public and private employers with 25 or more employees.
The amount of the fee shall be fixed annually by the Board and shall
be presented for approval to each participating city.
(b)
Collection. The finance director or other designated city staff shall
be responsible for collecting fees levied against private employers
and/or sponsors. The amounts may be billed and collected with the
annual business license fee or such other manner as deemed necessary
and appropriate, and the total amount collected shall be transmitted
with a collection report to the TSM Board of Directors or its designated
agent. Public agencies may be billed directly by the TSM Board of
Directors.
(Ord. 1518 § 3, (1995))
An employer or sponsor, except for those subject to Regulation
13, Rule 1, who fails to comply with the provisions of this ordinance
shall, after their 30 days written notice to remedy the failure, be
guilty of an infraction.
(Ord. 1518 § 3, (1995))
