Chapter 13.75 — TRANSPORTATION SYSTEM MANAGEMENT

As used in this ordinance, the following words and phrases have the meanings respectively ascribed thereto in this section:

"Alternative work hours program" 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.

"Carpool" shall mean a motor vehicle occupied by two or more employees commuting together.

"Complex" 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:

(1) It is known by a common name;

(2) It is governed by a common set of covenants, conditions, and restrictions;

(3) It was approved, or is to be approved, as an entity by the city;

(4) It is covered by a single subdivision or parcel map;

(5) It is operated by a single management;

(6) It shares common parking.

"Employee" 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.

"Employee Transportation Coordinator (ETC)" 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.

"Employer" 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.

"Inter-City Agreement" 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.

"Joint Powers Authority" shall mean that agency created under the "Joint Powers Agreement
Establishing the Inter-City Transportation Systems Management (TSM) Authority."

"Peak traffic periods," "peak hour," and "peak periods" 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.

"Public transit" shall mean publicly provided transportation, usually either by bus or rail.

"Ridesharing" 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.

"Single occupant vehicle" shall mean a vehicle occupied by one employee.

"Sponsor" shall mean the owner(s) or developer(s) or manager(s) of a commercial development
project or complex.

"Telecommuting" 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.

"Transportation Systems Management (TSM)" shall mean a program to improve the movement
of persons through better and more efficient use of the existing transportation system.

"TSM Board of Directors" 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.

"TSM trip-reduction program" shall mean a group of measures developed and implemented
by an employer to provide transportation information, commute alternatives assistance and
incentives to employees.

"Vanpool" 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.

"Work site" 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))