As used in this chapter, the following words and phrases have the meanings respectively ascribed thereto in this section:
(a) "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: (i) compressed work weeks; (ii) staggered work hours involving a shift in the set work hours of employees at the work place; and (iii) flexible hours involving individually determining work hours within guidelines established by the employer.
(b) "Carpool" shall mean a motor vehicle occupied by two (2) or more employees commuting together.
(c) "Commute" shall mean a home-to-work or work-to-home trip.
(d) "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.
(e) "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.
(f) "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.
(g) "Joint Powers Authority" shall mean that agency created under the "Joint Powers Agreement Establishing the Inter-City Transportation Systems Management (TSM) Authority".
(h) "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.
(i) "Peak Traffic Periods", "Peak Hour", and "Peak Periods" shall mean the periods of highest traffic volume and congestion which are from 6:00 am to 10:00 am and 3:00 pm to 7:00 pm 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.
(j) "Public Transit" shall mean publicly provided transportation, usually either by bus or rail.
(k) "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.
(l) "Single Occupant Vehicle" shall mean a vehicle occupied by one employee.
(m) "Sponsor" shall mean the owner(s) or developer(s) or manager(s) of a commercial development project or complex.
(n) "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.
(o) "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.
(p) "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.
(q) "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.
(r) "Vanpool" shall mean a van occupied by seven (7) or fifteen (15) employees (of the same or multiple employers) including the driver who travel together during the majority of their individual commute distance.
(s) "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.
(t) "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 chapter at a work place.