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HomeMy WebLinkAbout2002-10-23 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE OCTOBER 23, 2002 6:45 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of October 2002, at 6:45 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Interview applicant for Housing Authority Tenant Commissioner 5. Discussion and appointment to Housing Authority 6. Adjournment Cit!J of South San Francisco Inter-Office Memorandum DATE: TO: FROM: SUBJECT: October 23, 2002 Honorable Mayor and City Council Members City Clerk ~ CITY COUNCIL SPECIAL MEETING - INTERVIEW FOR HOUSING AUTHORITY TENANT COMMISSIONER This office received one application in response to the notice of vacancy for the position of Housing Authority Tenant Commissioner. The vacancy occurred as a result of Tenant Commissioner Carolyn Reardon's first term expiring on October 11, 2002. Msi Reardon has reapplied for a second two-year term and her interview is scheduled for 6:30 p.m. As mentioned above, Commissioner Reardon's term expired on October 11, which is inconsistent with the other Housing Authority terms that expire on March 31 (see below). It is therefore requested that if Council reappoints Commissioner Reardon that the term be extended five months, expiring March 31, 2005. Housing Authority (4 year term) James S. Claar James R. Lineberger Alfred El Salogga Rev. Gary E. Smith Nancy A. Stampfer 3/31/03 3/31/05 3/31/06 3/31/04 3/31/05 Housing Authority Tenant Commissioners (2 year term) Carolyn M. Reardon 10/11/02 Nancy A. Britt 3/31/04 Also enclosed is a copy of Council's interview questions. The questions are consistent with those asked at previous meetings held this year. As there is only one applicant a vote by ballot is not necessary, but a motion to confirm the appointment is required. Anticipating a successful appointment to the Housing Authority, this will conclude the interview process for Boards and Commissions until the January, 2003. AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM OCTOBER 23, 2002 7:30 P.M. REVISED PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may. be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MYNUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor Pro Tem EUGENE R. MULLIN Mayor JOSEPH A. FERNEKES Councilman RAYMOND L. GREEN Councilman KARYL MATSUMOTO Councilwoman BEVERLY BONALANZA FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Public Safety Awards AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum · Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of the October 9 regular meeting 2. Motion to confirm expense claims of October 23, 2002 Resolution confirming continued support for the South San Francisco Community Partnership and resolution authorizing acceptance of grant funds from the Peninsula Partnership in the amount of $72,234 and $450 in additional grant funds from the Partnership for the Public's Health Approve a motion to note receipt and file the findings of the report prepared by the City- retained actuary related to the PARS supplemental retirement enhancement program for the City Manager as specified in the Employment Agreement between the City and City Manager Resolution approving the memorandums of understanding with Public Safety Managers, International Association of Fire Fighters, and Police Association negotiating units Resolution authorizing agreement between the City of South San Francisco and the South San Francisco Executive Management unit PUBLIC HEARING Consideration of negative declaration for the East of 101 traffic fee (continued from October 9, 2002; motion to continue off-calendar) Consideration of mitigated negative declaration for the South San Francisco Sewer Improvement Program, Master Sewer Facility Fee Study and Sewer Facility Impact Fee for the East of 101 area (continued from September 25, 2002) REGULAR CITY COUNCIL MEETING OCTOBER 23, 2002 AGENDA PAGE 2 LEGISLATIVE BUSINESS Waive reading and adopt an urgency ordinance amending the PERS Contract to provide Section 21362.2 (3% @ 50 Full Formula) for Local Safety Members ADMINISTRATIVE BUSINESS 10. Resolution approving a contribution to the Italian American Citizens Club to construct an overhang covering two bocce ball courts in Orange Memorial Park in the amount of $25,000 ADJOURNMENT REGULAR CITY COUNCIL MEETING OCTOBER 23, 2002 AGENDA PAGE 3 StaffXeport DATE: October 23, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council Director of Community Outreach and Library Director RESOLUTION CONFIRMING CONTINUED SUPPORT FOR THE SOUTH SAN FRANCISCO COMMUNITY PARTNERSHIP AND RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE PENINSULA PARTNERSHIP IN THE AMOUNT OF $72,234.00 AND $450.00 IN ADDITIONAL GRANT FUNDS FROM THE PARTNERSHIP FOR THE PUBLIC'S HEALTH AND AMENDING THE LIBRARY DEPARTMENT'S 2002-2003 OPERATING BUDGET. RECOMMENDATIONS It is recommended that the City Council approve a resolution confirming its continued support of the South San Francisco Community Partnership and a resolution authorizing the acceptance of grant funds from the Peninsula Partnership and the Partnership for the Public's Health, amending the 2002/03 Operating Budget for the Library in the amount of $72,684.00. BACKGROUND Three years ago, the City of South San Francisco partnered with the South San Francisco Unified School District (SSFUSD) and other community organizations to create the South San Francisco Community Partnership (SSFCP). The SSFCP became one of the Peninsula Partnership's nine collaborative sites in San Mateo County working to improve the lives of young children and families. The SSFCP's four goals are: · Creating a Viable, Effective, and Sustainable Community Collaborative · Kindergarten Readiness · Literacy and Social Competency for all by Third Grade · Healthy Children and Families Since joining the Peninsula Partnership, the SSFCP is making great strides towards these goals. Some major accomplishments of the last year include: · Kindergarten Readiness Orientations During its Early Registration Campaign 2002, the Partnership was able to reach 121 families through Kindergarten Readiness Orientations. During Orientations, community asked questions and learned about valuable resources such as the Kindergarten Readiness Guide, Transitional Kindergarten and Community Dialogs that are available to them as they prepare their children for Kindergarten. The Partnership is currently contacting families who participated in Kindergarten Readiness Orientations to evaluate the content and usefulness of the orientations. Staff Report Subject: Resolution of continued support for the South San Francisco Community Partnership and acceptance of grant funds. Page 2 Transitional Kindergarten As a Peninsula Partnership site, the SSFCP received funding from the San Mateo County Children and Families First Commission to prepare children for school through a series of Summer Kindergarten Readiness classes at our local elementary schools. The Summer program, conducted in partnership with SSFUSD took place from June through August 2002 serving a total of 270 children. In addition to the seven classes funded by the Children and Families First Commission, the School District funded four additional classes to local schools that are not part of the Partnership. · Community Health Initiative Funded by the Partnership for the Public's Health After identifying concerns in the Old Town community through a Behavioral and Quality of Life telephone Survey conducted in partnership with the San Mateo County Health Services Agency, in addition to a door-to-door survey conducted by North Peninsula Neighborhood Services Center, a team of facilitators, that included newly recruited and trained Community Leaders and local agency representatives, presented the findings of the surveys to local residents through 10 community conversations. The Health and Mental Health Subcommittee of the SSFCP reviewed the findings of the surveys and the feedback from the community conversations and selected the following priority areas: increased enrollment in local health insurance programs and job connections. · Community Outreach and Leadership Development The Partnership continues to conduct an extensive Outreach Campaign. During this reporting period the Partnership has obtained the support and participation of four additional Community Leaders, who make recommendations to staff and the Executive Subcommittee for the production and planning of appropriate materials, activities, and events. In addition, ten community leaders were trained in facilitation skills to support the above health initiative's community conversations. · Community Fairs After community focus groups identified the need for targeted information and referral, the SSFCP, in partnership with local agencies, organizes regular community orientations at agencies such as North Peninsula Neighborhood Services Center and North Peninsula Family Alternatives. In September 2002, 21 community members learned about available social services at the Community Fair conducted in collaboration with our local Human Services Agency office. · Appreciation Dinner SSFCP celebrated its partners at its Appreciation Dinner on April 18, 2002. Over 150 partners representing the City, the School District, San Mateo County Health Services Agency, San Mateo County Human Services Agency, local organizations and the community were present. Partners were able to learn about each other during the event, which featured presentations from Mayor Gene Mullin and Ray Latham, School District Board of Trustees President. Staff, community leaders, and SSFCP partners showcased our myriad accomplishments. The event's highlight was the presentation of certificates of appreciation to the SSFCP Community Leaders. Staff Report Subject: Page 3 Resolution of continued support for the South San Francisco Community Partnership and acceptance of grant funds. LOOKING FORWARD The SSFCP is finishing up its annual planning process. This year's plan includes: · Continuation of all initiatives listed above. · Increased evaluation of all initiatives, and sustainability planning. · Increased partnerships with SSFUSD to better coordinate "literacy for all" activities. · Increased outreach to parents and community members. The Director of Community Outreach and the Library Director oversee the SSFCP and supervise the Partnership Site Coordinator, and the Healthy Communities Coordinator who perform the daily functions of our partnership. FUNDING: Funds are available for immediate use. The funds would augment the Library's operating budget for 2002/2003. Funds not expended at the end of fiscal year 2002/2003 will be carded over into the next fiscal year. In future years we anticipate additional funding from the Peninsula Community Foundation, the Peninsula Partnership's fiscal agent. By: Heather Quinn Director of Community Outreach \ ' Valerie Sommer Library Director Appr°ved~~A. Wilson~ City Manager Attachments: Resolutions RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION IN SUPPORT OF THE SOUTH SAN FRANCISCO COMMUNITY PARTNERSHIP WHEREAS, the City Council recognizes and appreciates the efforts of the South San Francisco Unified School District and other community organizations in creating the South San Francisco Community Partnership; WHEREAS, the City Council is aware of the need for services to improve the lives of young children and families; WHEREAS, the City Council confirms its continued support of the South San Francisco Community Partnership; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby expresses its continued support of the South San Francisco Community Partnership. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the __ day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk StaffReport DATE: October 23, 2002 TO: The Honorable Mayor and City Council FROM: Jennifer A. Bower, Director of Human Resources And Steven T. Mattas, City Attorney SUBJECT: Implementation of a Public Agency Retirement System (PARS) Supplemental Retirement Plan for the City Manager RECOMMENDATION: Approve a motion to note receipt and file the findings of the report prepared by the City-retained Actuary related to the PARS supplemental retirement enhancement program for the City Manager as specified in the Employment Agreement between the City and City Manager B ACKGROUND/DIS CUS SION: The employment agreement between the City and the City Manager provides for an enhanced retirement benefit for the City Manager resulting in up a .5 percent stackable benefit to be administered through PARS. Creating a supplemental retirement plan supports the City Council's goal relative to retention of the City Manager. During his tenure with the City, the annual costs of the benefit will paid for by the City Manager through pre-tax payroll deductions. The process for adoption of the supplemental retirement benefit requires that the City Council first make available at a public meeting the future annual costs of the benefit as determined by an actuary. At least two weeks thereafter, the City Council may adopt the resolution approving the program. This staff report presents the first step in the two step process. As required by Government Code Section 7507, the City secured the services of an enrolled actuary to determine the future annual costs of providing the proposed plan benefits. The projected actuarial cost of the proposed plan assuming an annual interest rate return of 7.5 percent is 15.5 % of the City Manager's current annual salary, which is approximately $27,700 per year. In addition there are, similar to PERS, annual administrative fees of approximately $3,600 to $4,000 per year for the plan administration. By: ~~2~ Approved: D~ctor of Human Resources 603356-1 City Attorney RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS AND AMENDING THE LIBRARY DEPARTMENT'S 2002-2003 OPERATING BUDGET WHEREAS, the City submitted an application for and was awarded funding in the amount of $72,234.00 from the Peninsula Partnership; WHEREAS, the City submitted an application for and was awarded additional grant funding in the amount of $450.00 from the Partnership for the Public's Health; WHEREAS, the receipt of $72,684.00 in grant funds will augment the Library Department's 2002-2003 operating budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of grant funds from the Peninsula Partnership and the Partnership for the Public's Health; BE IT FURTHER RESOLVED, that the City Council hereby authorizes an amendment to the City's 2002-2003 Operating Budget (OB ) to add $72,684.00 to the Library Department's 2002-2003 operating budget. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Staff Report DATE: TO: FROM: SUBJECT: October 23, 2002 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Resolution Approving Memorandums of Understanding between the City of South San Francisco and the Employee Bargaining Units of the South San Francisco Chapter of the International Association of Firefighters (IAFF) and the Police Association; and Compensation Plan for the Public Safety Managers Unit. RECOMMENDATION Adopt a resolution accepting the Memorandums of Understanding for the International Association of Firefighters unit, the Police Association unit, and for the Public Safety Managers unit. BACKGROUND Attached are the final documents that incorporate the agreed-upon language based on the negotiations held with each of the respective bargaining units. These Memorandums of Understanding and/or Compensation Plans were negotiated within the parameters authorized by the City Council. By: °t~e~urces City Manager Attachments MOU for Firefighters (IAFF) MOU for the Police Association (PA) Compensation Plan for Public Safety Managers Unit JAB-10/10/02 F:',F'fle CabinetXEERelations\PSIvlX01 Negotiatons\CouncilWIOU Document Reso.doc RESOLUTION NO. CITY COUNCIL CITY OF SOUTH SAN FRANCISCO A RESOLUTION APPROVING MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH SAN FRANCISCO CHAPTER OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AND THE POLICE ASSOCIATION, AND COMPENSATION PLAN BETWEEN THE CITY AND THE PUBLIC SAFETY MANAGERS RECITALS Whereas, the City and representatives from the South San Francisco Chapter of the International Association of Firefighters, the Police Association and Public Safety Managers have agreed upon their respective Memorandums of Understanding and Compensation Plan Now, therefore, the City Council of the City of South San Francisco does hereby resolve that the Memorandums of Understanding between the City and the South San Francisco Chapter of the International Association of Firefighter and between the City and the Police Association, as shown in Exhibit A hereto are hereby approved and the City Manager is hereby authorized to sign the agreements on behalf of the City; Be it further resolved that the Compensation Plan between the City and Public Safety Managers as shown is Exhibit B is hereby approved and the City Manager is hereby authorized to sign the agreement on behalf of the City. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: MOU Reso ATTEST: City Clerk Memorandum of Understanding between the International Association of Firefighters and the City of South San Francisco july 1, 2001 through June 30, 2006 Table of Contents 1 Preamble ...................................................................................... 1 2 Union Rights ................................................................................. 1 2.1 Recognition ............................................................................ 1 2.2 Payroll Deduction ..................................................................... 1 2.3 Authorized Representatives ......................................................... 1 2.3.1 Access ............................................................................. 1 2.3.2 Union Business Time ........................................................... 2 2.3.3 Release Time ..................................................................... 2 2.4 Use of City Facilities, Equipment, and Records .................................... 2 2.4.1 Meeting Facilities ............................................................... 2 2.4.1.1 Exceptions ............................................................. 2 2.4.1.2 Denial and Prohibitions .............................................. 2 2.4.2 Bulletin Boards .................................................................. 2 2.4.3 Union Reading Files ............................................................ 2 2.4.4 Use of Department Equipment, Supplies, and Services ................... 2 2.4.5 Access to City Records ......................................................... 3 2.4.6 Access to Personnel Files ...................................................... 3 2.5 Copies of Memorandum of Understanding ......................................... 3 3 Non-discrimination .......................................................................... 3 4 Wages and Compensation .................................................................. 3 4.1 Wages ..................................................................................... 3 4.1.1 Fiscal Year 2001 Increase ...................................................... 3 4.1.2 Fiscal Year 2002 Increase ..... -' ................................................ 4 4.1.3 Fiscal Year 2003 Increase ...................................................... 4 4.1.4 Fiscal Year 2004 Increase ...................................................... 4 4.1.5 Fiscal Year 2005 Increase ...................................................... 4 4.2 Payment of Compensation ............................................................. 4 4.2.1 Continuous Paid Regular Service ............................................. 4 4.3 Time-in-Step ........................................................................... 5 5 Special Compensation ...................................................................... .5 5.1 Temporary Fire Captain Compensation ........................................... 5 5.2 Temporary Battalion Chief Compensation ........................................ 5 5.3 Temporary Engineer Compensation ................................................5 Page ii Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 · :-.~' ~"- '"":,/"~i~3~2~;;,;'.:'~::.;:~.'~;~,~2:~:~;;~;: ::::~h~;~,~~- ,~:~'~:~:::;:~:~:::-~::~:~:~;~;~:~.. '~" ;' ~:~ 5~:~:73~?.;~:z~ :. :~;~j~.'~L~t4~ ~:~;~ ~: :~::: ~' "~:~::~"~ 5.4 Tempor~ Fire ~spector Assi~ent ............................................. 5 5.5 Emergency Me~cfl Tech~cian I Fire Se~ice ~ IFS) ks~ctor Assi~ent Compensation .......................................................... 6 5.6 Emergency Me~cfl Tec~cian ~) Ce~ificafion ........................... 6 5.6.1 M~to~ ~ Ce~fication ................................................ 6 5.7 Promotion to Capt~n ................................................................. 6 5.8 Fire App~ams En~neer Compensation ........................................... 6 5.8.1 Promotion to Fire App~atus En~neer .....................................6 5.8.1.1 Six-month Probafion~ Period ................................. 6 5.8.1.2 Twelve-month Probafion~ Period ............................ 6 5.9 Se~ice ~cenfive Rate ................................... : ............................ 6 5.10 Education ~cen~ve Rate ............................................................ 6 5.10.1 Education kcentive for Fire Suppression ................................ 6 5.10.1.1 App~cable Prog~s/Courses .................................. 6 5.10.1.1.1 Associate Degee .................................... 6 5.10.1.1.2 Bachelor's Degee ..................................7 5.10.1.1.3 Accre~ted U~ts ....................................7, 5.10~ 1.2 Non-applicable Co~sework ....................................7 5.10.1.3 Co~sework Documentation .................................... 7 5.10.2 Education kcenfive for Non-assi~ent kspectors .................... 7 5.10.2.1 Fke ~spectors ~ed Before 11/29/01 ........................ 7 5.10.2.2 Fke ~spector~ ~ed 11/29/01 or Later ....................... 7 5.10.2.3 App~cable Pro~s/Co~ses .................................. 7 5.10.2.3.1 Associate Degee .................................... 7 5.10.2.3.2 Bachelor's Degee ..................................7 5.10.2.3.3 Accre~ted U~ts ....................................8 5.10.2.4 Apphcable Coursework for Fire kspector Cl~sificafion -- 8 5.10.2.5 Co~sework Documentation .................................... 8 5.11 Bilin~fl kcenfive Rate .............................................. ' .............. 8 5.11.1 Testing ~d Compensation .................................................... 8 5.11.2ES~biSty ....................................................................... 8 5.11.3 ~age Dete~nafion ...................................................... 8 5.11.4 C~ent L~ages ~ Effect .................................................. 9 6 Assi~ents ~d 40-ho~ Cl~sificafions ................................................ 9 6.1 Assignment and Classifications ...................................................... 9 6.2 Salary .................................................................................. 9 6.3 Assi=~u'nent Positions Shift Overtime ............................................... ,9 6.4 Leave Accrual .......................................................................... 9 6.5 Leave Accrued and Taken ............................................................ 9 6.5.1 Holidays ......................................................................... 9 Memorandum of Understanding between the City of South San Francisco and the IA_~, Local 1507 July 1, 2001 through June 30, 2006 Page iii ~'~.~,,.::~ .~:t~ ~v~'~'-~.::~'~v..~:~'"~.?~::~ ~:~'~',~,~'-,-~' '.'~S~!~,~~ -: :~,~..' ~,~?~' ~.~ ': ~.'~-.~:-?~: :.~?~:': '::' :~ .~.~. 6.5.2 Paid Family Care Leave ....................................................... 9 6.5.2.1 Leave Amounts ........................................................ 9 6.5.3 Bereavement Leave ............................................................ 9 6.5.4 Medical Appointment Leave ................................................. 9 6.5.5 Sick Leave ....................................................................... 9 6.5.6 Compensatory Time ........................................................... 9 6.5.6.1 Shift Overtime ......................................................... 9 6.5.6.2 Taking Compensatory Time ......................................... 10 6.5.7 Flexible Work Schedules ..................................................... 10 6.5.8 Vacation Leave ........................... - ..................................... 10 Uniforms ...................................................................................... 10 7.1 Uniforms ................................................................................ 10 7.2 Eligibility ................................................................................ 10 7.3 Leather Helmet ......................................................................... 10 7.4 Allowance Amounts ................................................................... 10 Benefits ....................................................................................... 11 8.1 Insurance Benefits ...................................................................... 11 8.1.1 Medical Insurance .............................................................. 11 8.1.1.1 Available Plans ........................................................ 11 8.1.1.2 Payment of Premium Costs .......................................... 11 8.1.1.2.1 Maximum Rate ............................................. 11 8.1.1.3 Effective Dates of Coverage ......................................... 11 8.1.2 Medical Insurance for Employees who Retire ............................. 11 8.1.3 Medical Insurance for Spouse after Employee or Retiree Death ........ 11 8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree Death ............................................................................ 12 8.2 Dental Insurance ........................................................................ 12 8.2.1 Effective Date of Coverage ................................................... 12 8.2.2 Dental ............................................................................ 12 8.2.3 Orthodontia ..................................................................... 12 8.2.4 Purchase of Dental Insurance For Employees Who Retire ............... 12 8.3 Vision Insurance ....................................................................... 12 8.3.1 Effective Dates of Coverage .................................................. 12 8.3.2 Plan ............................................................................... 12 8.4 Discretionary Benefit Option ......................................................... 12 8.4.1 Proof of Alternate Insurance .................................................. 12, 8.4.2 Method of Computation ....................................................... '13 8.4.3 Exercising the Option ......................................................... 13 8.5 Life Insurance and Accidental Death and Dismemberment Insurance ......... 13 8.5.1 Life Insurance Benefits Ceasing ............................................. 13 Page iv Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 8.5.2 Benefits .......................................................................... 13 8.5.2.1 Term Life Value .................................................... 13 8.5.2.2 AD&D Value ............... : ........................................ 13 8.5.2.3 Payment of Premium Costs ....................................... 13 8.5.2.4 Effective Date of Coverage ........................................ 13 8.5.2.5 Additional Life Insurance .......................................... 13 8.6 Hepatitis B Vaccination ............................................................... 13 8.7 Long-term Disability Insurance ...................................................... 14 8.7.1 City Notification ............................................................... 14 8.7.2 Effective Date ................................................................... 14 8.7.3 Plan Payment ................................................................... 14 8.8 Section 125 Plan ....................................................................... 14 8.8.1 Dependent Care Plan ......................................................... 14 8.8.2 Un.reimbursed Medical Expense Plan ...................................... 14 8.9 Deferred Compensation ............................................................... 14 8.10Retirement Benefits ................................................................... 14 8.10.1 Retirement Plan ................................................................ 14 8.10.2 Optional Provisions Added ................................................... 14 8.10.2.1 The 1959 Survivor Allowance .................................... 14 8.10.2.2 One-year Highest Compensation .................................14 8.10.2.3 Half Continuance ................................................... 14 8.10.2.4 Sick Leave Service Credit ......................................... 15 8.10.2.5 Military Service Credit ............................................. 15 8.10.2.6 3% at Age 50 Retirement Formula ...............................15 8.10.2.7 New PERS Provision Added ......................................15 8.10.3 City Contribution to Retirement System .................................... 15 8.10.4Employee Contribution to Retirement System .............................15 8.11 Sick Leave at Separation .............................................................. 15 8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85 15 8.11.2Sick Leave Cap ................................................................. 15 8.11.3 PERS Service Credit ........................................................... 15 9 Work Schedules and Hours of Work ..................................................... 16 9.1 Normal Hours of Work ...............................' ................................ 16 9.1.1 9.1.2 9.1.3 9.1.4 9.1.5 9.1.6 9.1.7 On-duty Shift Defined ......................................................... 16 Off-duty Shift Defined ........................................................ 16 Tour-of-Duty Defined ......................................................... 16 Shift Schedule Defined ........................................................ t6 Rest Periods ..................................................................... 16 Time for Reporting for On-duty Shifts ...................................... 16 Departure of Employees from On-duty Shifts ............................. 16 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page v 9.1.8 2/4 Work Schedules ........................................................... 16 9.2 Overtime ................................................................................. 16 9.2.1 Overtime Defined .............................................................. 16 9.2.2 Overtime Records .............................................................. 16 9.2.3 M_inimum Overtime ............................................................ 17 9.2.4 Overtime Compensation Rates ............................................... 17 9.2.4.1 Compensation Rate .................................................. 17 9.2.4.2 Hold-over ............................................................. 17 9.2.4.3 Non-emergency Call-in ............................................. 17 9.2.4.4 Emergency Call-in ................................................... 17 9.2.4.5 Court Time Minimum ............................................... 17 9.2.5 FLSA Overtime Compensation .............................................. 17 9.2.6 Exclusion of Trade Time ...................................................... 17 10 Holidays ....................................................................................... 18 10.1Holiday Compensation ................................................................ 18 10.1.1 Full-day Holidays ..................... ~ ....................................... 18 10.1.2 Half-day Holidays ............................................................. 18 10.1.3 Discretionary Holiday ........................................................ 18 10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness Leave ............................................................................ 18 10.1.5 Holiday Compensation for Employees on Non-industrial Sick Leave or Family Care Leave ................................................. 19 10.1.6 Employees Not Eli~ble for Holiday Compensation ..................... 19 11 Paid Leaves ................................................................................... 19 11.1 Vacation ................................................................................. 19 11.1.1 Vacation Accrual Rates ..................................................... 19 11.1.2 Vacation Selection ............................................................ 19 11.1.2.1 Shift Vacation ...................................................... 19 11.1.2.2 Vacation Staffing .................................................. 19 11.1.2.3 Unscheduled Vacation Selection ................................19 11.1.3 Vacation Buy-back ............................................................ 20 11.1.4 Vacation Accumulation ...................................................... 20 11.1.5 Vacation Compensation Payout Upon Separation ....................... 20 11.2 Sick Leave/Non-industrial Injury Illness Leave ................................... 20 11.2.1 Definition ...................................................................... 20 11.2.2 Amount of Sick Leave ....................................................... 20 11.2.2.1 Sick Leave Amounts for Employees Hired 1/7/97 or. Earlier ............................................................... 20 11.2.2.2 Sick Leave Amounts for Employees Hired 1/8/97 or Later - 20 11.2.3 Sick Leave Request ........................................................... 20 Page vi Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 ": ::' ~'::~:~-:~ '.~'~':~:~,(?~;~;~.~i~,~-.,.~;~;~.. ~.. ~ · · ;f,[~ :~... :~ :':;,. :::,~i,!.''- :~:" '~:::~.,.~!;.~J~.:,~i ;-~.~";-~i.~(.~[$~:~::.::!~::~:.:~i':;:~!~ . ..:~'"'".']":~-!:~':: 11.2.4 Approval of Sick I~ave Request ........................................... 20 11.2.5 Verification of Illness or Injury ............................................. 20 11.2.5.1 Usual Verification ................................................. 20 11.2.5.2 Doctor or Nurse Practitioner's Verification ................... 21 11.2.6 Prohibition from Enga~ng in Outside Occupation ...................... 21 11.2.7 Sick Leave Management Plan ............................................... 21 11.2.7.1 Sick Leave Threshold ............................................. 21 11.2.7.1.1 Employees Scheduled 56-Hour Workweeks ..... 21 11.2.7.1.2 Employees Scheduled 40-Hour Workweeks .---- 21 11.2.7.2 Leave Monitoring .................................................. 21 11.2.7.3 Extenuating Circumstances ...................................... 21 11.2.7.4 Review and Counseling ........................................... 22 11.2.7.5 Sick Leave Management Plan Requirements .................. 22 11.2.7.6 Plan Stipulations ................................................... 22 11.2.7.6.1 Personal Notification ................................ 22 11.2.7.6.2 Examination .......................................... 22 11.2.7.6.3 Affidavit ............................................... 22 11.2.7.6.4 Other Conditions ..................................... 22 11.2.7.7 Discipline Process ................................................. 22 11.2.7.8 Maximum Paid Sick Leave ....................................... 22 11.3 Bereavement Leave .................................................................... 22 11.3.1 Definition of Family Member for Bereavement Leave .................. 22 11.3.1.1 Non-family Member Leave ...................................... 23 11.3.2 Leave Within California ..................................................... 23 11.3.3 Leave Outside California ................................................... 23 11.4 Medical Appointment Leave ......................................................... 23 11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour F. mployees ................................................................ r ..... 23 11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour Employees .................................................................... 23 11.5 Paid Family Care Leave ............................................................... 23 11.5.1 Definition of Family Member for Paid Family Care Leave ............. 23 11.5.2 Eligibility for Paid Family Care Leave .................................... 24 11.5.2.1 56-Hour Employees ............................................... 24 11.5.2.2 40-Hour Employees ............................................... 24 11.5.2.3 Elimination of Leave .............................................. 24 11.5.3 Sick Leave as Family Care Leave .......................................... 24 11.5.3.1 Definition of Family Member for Sick Leave as Family Care Leave Purposes .............................................. 24 11.5.3.2 Leave Amount ...................................................... 24 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page vii ' ' '~ ~ " ~ ..... ~/"~ ":" '"' ....... "~'*:':~" '-: ~.: ~:;~ ' :~ >~ ~ ;~3~:~:~ :~ ;~ "::~r:~:~:~ :~,~!~!~}:~ ~ ~'~5~ ~:~i~'S~ -:::~ ~' 11.5.4 Concurrent Use of Leave ..................................................... 24 11.5.5 Leave Accounting ............................................................. 24 11.5.6 Notification Procedures ...................................................... 24 11.5.6.1 Leave Notification ................................................. 24 11.5.6.2 Leave Verification ................................................. 24 11.6 Industrial Injury or Tllness Leave ..................................................... 25 11.6.1 Administration of Leave ..................................................... 25 11.6.2 Light-duty Program ........................................................... 25 11.6.3 Prohibition from Engaging in Outside Occupation ...................... 25 11.7 Pregnancy Disability and Childcare Leave ......................................... 25 12 Leave Conversion ............................................................................ 25 12.1 Leave Conversion Factors ............................................................ 25 12.1.1 56-hour Schedule ............................................................. 25 12.1.1.1 Sick Leave Conversion ........................................... 25 12.1.1.2 Vacation Leave Conversion ...................................... 25 12.1.1.3 Vacation Buy-back ................................................ 26 12.1.2 40-hour Schedule ............................................................. 26 12.1.2.1 Sick Leave Conversion ........................................... 26 12.1.2.2 Vacation Leave Conversion ...................................... 26 12.1.2.3 Vacation Buy-back ................................................ 26 13 Long-term Disabihty Program ............................................................. 26 13.1 Benefits ................................................................................. 26 13.2 Application for Benefits ............................................................. 26 13.3 Elimination Period .................................................................... 26 13.4 City Detem'fination ................................................................... 26 13.4.1 Permanent and Stationary Stares .......................................... 26 13.4.2 Temporary Disability Status ................................................ 27 13.5 Permanent and Stationary Determination ......................................... 27 13.6 Temporary Disability Determination ............................................... 27 13.7 Permanent and Stationary Determination During Leave of Absence .......... 27 13.8 Accrued Vacation Payment .......................................................... 27 13.9 Insurance Premium Payment ........................................................ 27 14 Light-duty Program .......................................................................... 27 14.1 Light-duty Program ................................................................... 27 14.2 Coverage ............................................................................... 28 14.2.1 Determination and Required Reports ..................................... 28 14.2.1.1 Assignments ....................................................... 28 14.2.1.2 Evaluation and Determination .................................. 28 14.2.1.3 Medical Reports .................................................. 28 14.2.1.4 Review of Assig-nment ........................................... 28 Page viii Memorandum of Understanding between the City of South San Francisco and the IAi, Local 1507 July 1, 2001 through June 30, 2006 i' ........ ~., .-~ .............. ~ ~'~ ..................................... Z.~ '.:'-~.~: -'~ ....... ~ ~ ~ ~-~ .............. - .....' .~:%~ , .;;~ ' : 14.3 Light-duty Assignments, Definitions, and Restrictions ......................... 28 14.3.1 Assignments ................................................................. 28 14.3.2 Impact to Employee ........................................................ 28 14.3.3 Fire Department Assignments ............................................ 28 14.3.4 Normal Business Hour Assi~oTu'nents ..................................... 28 14.3.5 Case-by-Case Review ...................................................... 28 14.3.6 Field Emergency Responses ............................................. 28 14.3.7 Reevaluations .............................................................. 28 14.3.8 Uniforms ..................................................................... 29 14.3.9 Holidays ...................................................................... 29 14.3.10 Vacation Scheduling ....................................................... 29 14.4 Return-to-Full-duty Status ........................................................... 29 15 Layoff and Demotion Policy ............................................................... 29 15.1 Reduction in Force .................................................................... 29 15.2 Displaced Employees ................................................................. 29 15.3 Seniority ................................................................................ 29 16 Paramedic Preceptor Fee .................................................................. 29 17 Residence Requirements .................................................................. 30 18 Emergencies ................................................................................. 30 19 Discipline Provision ......................................................................... 30 20 Grievance Procedure ........................................................................ 30 20.1 Definition of a Grievance ........................................................... 30 20.2 Stale Grievance ...................................................................... 30 20.3 Informal Discussion with Employee's Supervisor ............................. 31 20.4 Formal Written Grievance to Employee's Battalion Chief .................... 31 20.5 Waiver of Battalion Chief Review ................................................ 31 20.6 Grievance to Fire Chief ............................................................ 31 20.7 Arbitration of Grievance ........................................................... 20.8 Informal Review by the City Manager ............................ : ............... 31 20.9 Selection of Arbitrator ............................................................ 31 20.10 Arbitrator Review ................................................................... 32 20.11 Duty of the Arbitrator .............................................................. 32 20.12 Payment of Costs ................................................................... 32 20.13 Effect of Failure of Timely Action ................................................ 32 20.14 Non-Union Representation ........................................................ 32 21 Agreement, Modification, and Waiver ................................................... 32 21.1 Full and Entire Agreement ...................................... : .................. 32 21.2 Written Modification Required .................................................... 32 21.3 Waiver ................................................................................. 32 21.4 Term of Agreement .................................................................. 32 - Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page ix 22 Appendix A B C D E F G H Sig-natures ..................................................................................... 33 Classifications ................................................................................ 35 Compensation Adjustments by Classification ........................................... 36 Uniform Allowance Rates .................................................................. 37 Side Letter - 2/4 Work Schedule Plan .................................................... 38 Side Letter - 2/4 Work Schedule Workweeks ........................................... 39 Code Enforcement Language .............................................................. 40 Staff Report ................................................................................... 41 Annual Salary Schedules ................................................................... 42 Page x Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 JA.B-~i 9/02 f:~file cabiaet~eerelatioas~iaffmmuh'ev9 iaff 01-05 mou. doc Memorandum of Understanding between the International Association of Firefighters and the City of South San Francisco July 1, 2001 through June 30, 2006 Article 1. Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, designated "City" and the International Association of Firefighters (IAFF), Local 1507, AFL- CIO, designated "Union" as a mutual agreement of the wages, hours, and conditions of employment in effect during the period of 7/1/01 through 6/30/06 for those full-time regular employees working in classifications in the represented unit referred to in this agreement. Article 2. Union gJ'ghts 2.1. 2.2. 2.3. Recognition--The City of South San Francisco recognizes the International Association of Firefighters, Local 1507, AFL-CIO as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Appendix A and as may be added to the unit by the City during the term of this a~eement. Payroll Deduction--Upon receiving a written request and authorization from an employee for deduction of Union dues, the City shall withhold such dues and deductions from the salary of the employee and shall remit the withholdings to the Union. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions. Authorized Representatives--The Union shall provide and maintain with the Fire Chief a list of the current officials of the Union, as well as the names of any other persons who are authorized to officially represent the Union in its dealings with the City. No more than 4 authorized representatives of the Union shall be City employees. 2.3.1 Access--An authorized representative of the Union shall have the right to contact an individual employee represented by the Union in a City facility during the employee's work hours on matters concerning wages, hours, and other conditions of employment. Prior to entering the employee's work location, the authorized representative shall provide reasonable notice to the employee's immediate supervisor and shall attempt to arrange contact times, coinciding with an employee's lunch period or after 1700 hours and prior to 0800 hours. An' employee's immediate supervisor shall have the right to make arrangements for a contact location and/or contact time that is the least disruptive to departmental operations and the employee's work assig-nments. Page 2 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 2.4 2.3.2 Union Business Time--An authorized representative of the Un/on who is a City employee shall perform Un/on responsibilities on off-duty time, except that such responsibilities may be performed during on-duty time when the activity does not interfere with Departmental operations. 2.3.3 Release Time--The Fire Chief or designee may grant reasonable release time without loss of time or pay to a Union authorized representative if, in the representative's absence, the needs of the department can be reasonably met and no added costs are incurred by the department as the result of granting the release time to the Union representative. Use of City Facilities, Equipment and Records-- 2.4.1 Meeting Facilities City and/or department facilities will be made available to the Union for the purpose of meeting with represented employees, provided that a Un/on officer makes a written request to the Fire Chief or designee generally 2- calendar days in advance of the meeting. 2.4.1.1 Exceptions--Exceptions to this 2-day notification requirement are in cases of an emergency, in which case the request can be made verbally if followed in writing. In addition, the 2-day limit will not be required in cases of unforeseen circumstances. 2.4.1.2 Denial and Prohibitions--Use of City and/or department facilities will only be denied in case of a conflict where prior usage was scheduled for the facility. Except during the lunch period, meetings of Un/on representatives and represented employees shall not be permitted during 0800 hours through 1700 hours. 2.4.2 Bulletin Boards--The City will furnish adequate space for bulletin boards to be placed at reasonable locations for the exclusive use of the Un/on. The Un/on agrees to post nothing of a discreditory nature about the City or its employees or that may be offensive to members of the general public and other visitors to the fire stations. The Union shall be responsible for maintaining bulletin boards exclusively used by the Un/on in an orderly condition and shall promptly remove outdated materials. Union Reading Files--The Union shall be allowed to maintain a Un/on reading file at each represented employee work location. The Union reading file shall be used for the purpose of distributing material and information, such as recent developments in employee grievances and other controversial issues that are not suitable for posting on bulletin boards accessible to the general public and visitors to the fn'e stations. Use of Department Equipment, Supplies, and Services--The .department shall allow the Un/on to locate a Un/on file cabinet at the Central Fire Station. The Union may use a desk at the Central Fire Station provided that the department's needs do not preclude the use of the desk. The Un/on may be allowed to use the department's copy machines, telephones, computer equipment, and supplies provided that the Un/on reimburses the department for the cost of such use. 2.4.3 2.4.4 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 3 2.5 2.4.5 Access to City Records--The Union shall have reasonable access to all public records of the City, as required by law. Access to departmental records, except individual personnel records, shall be granted at the sole discretion of the City employee responsible for the maintenance of such records. Nothing contained herein shall compel any employee to allow a Union representative access to any files or records. Union representatives may be granted access to non-confidential departmental records, provided that the Union ~ves the City employee responsible for such records a prior request stating the nature of the information desired, the purpose for which the information will be used, and the time the representative desires access to the records. 2.4.6 Access to Personnel File--The Union may review a union employee's confidential personnel file, only if the employee sins a written consent form granting the Union access to the file. Copies of Memorandum of Understanding--The City and the Union shall share the cost of printing sufficient copies of the MOU for all current and new bargaining unit and management employees. Article 3. Non-discrimination This agreement affords that no person shall in any way be favored or discriminated against to the extent prohibited by law because of age, sex, sexual orientation, race, religion, ethnic or national origin, physical and mental disability, political or religious opinions, or affiliations to the extent to which a person chooses to engage or not engage in Union activities. Article 4. Wages and Compensation 4.1 Wages~Salary increases for each classification in the unit will be provided as set forth below, beginning on the date indicated and shall include the entire payperiod in which the date falls. The base hourly rate of pay is set forth in the salary schedules in the Appendices and will reflect the following. 4.1.1 Fiscal Year 2001 Increase~Effective the entire payperiod including 7/1/01, the base rate of pay for all employees shall be adjusted to the average of the survey cities for the period 7/1/01 through 6/30/02. A total compensation and salary survey will be conducted for the firefighter chssification on or near the month of 11/01, utilizing the same survey agencies. The increase will be based on the survey average for compensation and total compensation, with the same differential maintained between the classifications as it was in the previ6us schedule. Page 4 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 4.2 4.1.2 Fiscal Year 2002 Increase--Effective the entire payperiod including 7/1/02, the base rate of pay for all employees shall be adjusted to the 60th percentile for the period of 7/1/02 through 6/30/03. A total compensation and salary survey will be conducted for the fn:efighter classification on or near 8/1/02, utilizing the same survey agencies. Increases to the base rate of pay to the 60t~ percentile of the survey for all bargaining unit members will be effective for the entire payperiod including 7/1/02. The increase will be based on the survey average for compensation and total compensation, with the same differential maintained between the classifications as it was in the previous schedule. 4.1.3 Fiscal Year 2003 IncreasemEffective the entire payperiod including 7/1/03, the base rate of pay for all employees shall be adjusted for the period of 7/1/03 through 6/30/04 by the average of the market movement for the City's standard survey agencies. A market movement survey will be conducted for the firefighter classification on or near the month of 8/1/03, utilizing the same survey agencies. Compensation will be adjusted by the average amount for the survey agencies and survey methodology, with the same differential maintained between the classifications as it was in the previous schedule. 4.1.4 Fiscal Year 2004 Increase--Effective the entire payperiod including 7/1/04, the base rate of pay for all employees shall be adjusted to the 60th percentile for the period of 7/1/04 through 6/30/05. A total compensation and salary survey will be conducted for the firefighter classification on or near 8/1/04, utilizing the same survey agencies. Increases to the base rate of pay to the 60th percentile of the survey for all bargaining unit members will be effective for the entire payperiod including 7/1/04. The increase will be based on the survey average for compensation and total compensation, with the same differential maintained between the classifications as it was in the previous schedule. 4.1.5 Fiscal Year 2005 IncreasemEffective the entire payperiod including 7/1/05, the base rate of pay for all employees shall be adjusted for the period of 7/1/05 through 6/30/06 by 4%. Payment of Compensation--Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday knrnediately following the conclusion of a City payperiod. A City payperiod consists of 14-calendar days and begins on a Friday, which is the fn'st day of a payperiod and ends on a Thursday, which is the last day of a payperiod. Employees who are in continuous paid regular status for a partial~ payperiod shall receive prorated compensation for the payperiod at the rate of 1/112th of the employee's actual biweekly rate of pay for each hour of the payperiod that the employee was on continuous paid regular status. 4.2.1 Continuous Paid Regular ServicemAn employee who is on continuous paid regular service with the City in a classification covered by this agreement shall be in the unit. Continuous paid regular service excludes all unpaid leaves of absence of an employee and excludes all time an employee is not in-a full-time regular employment status with the City. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 5 4.3 Time-in-Step--Each employee shall complete the following time at each step of the salary schedule applicable to the employee's classification prior to advancing to the next step in the salary schedule. Schedule Step Criteria Entry ........... From date of hire to the completion of basic Firefighter academy. 1 ................ After completion of academy to completion of probation. 2 ................ After completing another full year 3 ................ After completing another full year 4 ................ After completing another full year 5 ................ After completing another full year Article 5. Special Compensation 5.1 Temporary Fire Captain Compensation~Employees in a classification below the level of Fire Captain, who are assigned to perform the duties of a Fire Captain for a period of 4- full hours or more, shall receive added compensation for all time served. Tkis compensation shall be at the hourly rate of pay the employee would otherwise qualify were the employee promoted to the classification, which is Step 4 of the Fire Captain salary schedule. An employee in a classification below the level of Fire Captain who is assig-ned to perform those duties for a period of time less than 4-full hours shall not receive additional compensation for any of the time spent in performing such duties. 5.2 Temporary Battalion Chief Compensation~Employees in the classification of Fire Captain who are assi~o-ned to perform the duties of a Battalion Chief for a period of 4-full hours or more shall receive added compensation for all time served. This compensation shall be for all time served at the rate of 5% above the employee's base hourly rate of pay or at the hourly rate of pay for which the employee would qualify, were the employee promoted to the classification of Battalion Chief, whichever is greater. An employee in the classification of Fire Captain who is assigned to perform the. duties of Battalion Chief for a period of less than 4-full hours shall not receive additional compensation for any of the time spent in performing such duties. 5.3 Temporary Engineer CompensationmEmployees in the classification of Firefighter or Paramedic/Firefighter who are assigned to engineer duties for a period of 4-full hours or more shall receive added compensation. This compensation shall be for all time served at the rate of 5% above the employee's base hourly rate of pay or at the hourly rate of pay for which the employee would qualify were the employee given the engineer special assignment. An employee who is assigned to perform the duties of En~neer for a period of less than 4-full hours shall not receive additional compensation for any of the time spent in performing such duties. 5.4 Temporary Fire Inspector AssignmentmEmployees in the classification of Firefighter, Paramedic/Firefighter, or Fire Apparatus Engineer who are assigned to temporary Fire Page 6 Memorandum of Understanding between the City of South San Francisco and the IAb'F, Local 1507 July 1, 2001 through June 30, 2006 5.5 5.6 5.7 5.8 5.9 5.10 Emergency Medical Technician I Fire Service (EMT IFS) Instructor Assignment Compensation--Employees in the classification of Paramedic/Firefighter who are assigned to perform the duties of an EMT IFS Instructor shall receive an additional 5% compensation above the employee' s base hourly rate of pay, including incentives. Emergency Medical Technician (EMT) Certification--Employees who maintain an Emergency Medical Technician certification will receive 2.5% above their base hourly rate of pay for wkich the employee otherwise qualifies. Such certification is mandatory for each employee hired after 6/30/01. 5.6.1 Mandatory EMT Certification--All employees hired into frre suppression positions after 6/30/01 must maintain EMT certification. The City will continue to provide training and remedial training to maintain recertification. Promotion to Captain--Employees promoted to Fire Captain shall be placed at Step 4 of the established Fire Captain salary schedule. Fire Apparatus Engineer Compensation--Effective 2/1/02, Fire Apparatus Engineer shall be considered a classification, not an assignrnent, and all current Fire Apparatus Engineers and future Fire Apparatus Engineers shall be considered paxi of this classification. Employees in this classification .shall receive an additional 5% above the employee's base hourly rate of pay, including incentives. 5.8.1 Promotion to Fire Apparatus EngineermThe selection process for the classification of Fire Apparatus Engineer will be based on seniority and having completed driver's training qualifying them to serve as a Fire Apparatus Engineer. Those employees who promoted to Fire Apparatus Engineer on or after 2/1/02 shall serve the following probationary periods. 5.8.1.1 Six-month Probationary PeriodmEmployees with an original Personnel Action Form processed for Acting Engineer of 3 or more years from the date of regular appointment to Fire Apparatus Engineer shall serve a probationary period of 6 months. 5.8.1.2Twelve-month Probationary Period--Employees with an original Personnel Action Form processed for Acting Engineer of less than 3 years from the date of regular appointment to Fire Apparatus Engineer shall serve a probationary period of 12 months. Service Incentive Rate--An employee who has completed 7 years of full-time regular employment is eligible and shall be compensated for the service incentive rate of an additional 2.5% above the employee's base hourly rate of pay. Education Incentive Rate-- 5.10.1 Education Incentive for Fire Suppression--An employee who has completed 3 years of full-time regular employment and who has any one of the following shall receive 5% above the employee's actual base hourly rate of pay. 5.10.1.1 Applicable Programs/Courses--Any one of the following programs/courses may apply for this education incentive program: 5.10.1.1.1 Associate Degree--An Associate of Arts or an Associate of Science degree in Fire Science, Fire Technology. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 7 5.10.1.1.2 Bachelor's Degree--A Bachelor of Arts degree in Public Administration or Management. 5.10.1.1.3 Accredited Units~40 accredited Units in Fire Science or other courses that can be applied towards obtairfing a Bachelor's degree in Vocational Education, Management, or Public Administration. 5.10.1.2 Non-applicable Coursework--None of the following courses can be applied towards the educational incentive program: · Any Firefighter I courses. · Emergency Medical Technician Certification. · Paramedic Training. · Any course attended while on duty. · Any course attended off duty for which the department paid the tuition or paid the employee overtime. 5.9.1.3 Coursework Documentation--Documentation for the approved courses shall be in the form of official transcripts mailed to the department from the school where the courses are accredited. The employee shall also provide the department with documentation from an accredited college indicating that the courses taken can be applied towards a Bachelor's of Arts in Management, or Public Administration or an Associate of Arts in Fire Science or Fire Technology. 5.10.2 Education Incentive for Non-assignment Fire Inspectors--An employee who has completed 3 years of full-time regular employment in the Fire Department and who has any one of the following shall receive 5% above the employee's actual base hourly rate of pay. 5.10.2.1 Fire Inspectors Hired Prior to 11~29/01--Those employees in a fire inspector classification as of 11/28/01 will receive Education Incentive based on the same criteria for fire suppression employees, as identified above. 5.10.2.2 Fire Inspectors Hired 11/29/01 or Later--Those employees hired into a fn-e inspector classification as of 11/28/01 or later will receive Education Incentive as identified below. 5.10.2.3 Applicable Programs/CoursesmAny one of the following programs/courses may apply for this education incentive program: 5.10.2.3.1 Associate Degree--An Associate of Arts or an Associate of Science degree in Fire Science, Fire Technology, Building Technology, or 5.10.2.3.2 Bachelor's DegreemA Bachelor of Arts degree in Business Administration, Public Administration, Management, or Page 8 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through Stme 30, 2006 5.11 5.10.2.3.3 Accredited Units '!,0 accredited Units in Fire Science or other courses that can be applied towards obtaining a Bachelor's degree in Vocational Education, Management, Business Administration, Public Administration, or Building Technolog'y. 5.10.2.4 Applicable Coursework for Fire Inspector Classification--None of the following courses can be applied towards the educational incentive program: · Any Firefighter I courses. · Emergency Medical Technician Certification. · Paramedic Training. · Any course attended while on duty. · Any course attended off duty for which the department paid the tuition or paid the employee overtime. 5.10.2.5 Coursework Documentation--Documentation for the approved courses shall be in the form of official transcripts mailed to the department from the school where the courses are accredited. The employee shall also provide the department with documentation from an accredited college indicating that the courses taken can be applied towards a Bachelor's of Arts in Management, Business Administration, or Public Administration or an Associate of Arts in Building Technology, Fire Science, or Fire Technology. Bilingual Incentive Rate-- 5.11.1 Testing and Compensation--An employee who has tested, using the City's standard bilingual testing procedures, and demonstrated to the Fire Chief's satisfaction proficiency in speaking a second language, shall be compensated at a rate 2.5% hi~er than the employee's actual base hourly rate of pay. Such compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 5.11.2 Eligibility---To be eligible to participate in this program, employees must speak a second language used by a segment of South San Francisco population. Once an employee qualifies as speaking a second language the employee will receive bilingual pay, even if the population changes and a significant segment no longer speaks the language. 5.11.3 Language Determination~Languages that are spoken in South San Francisco will be determined by reviewing the demographic data from the local school district. The Fire Chief and the Union will then meet once a year to determine the languages that qualify under this section. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 9 5.11.4 Current Languages in Effect The following employee to receive the bilingual incentive pay. · Spanish. · Tagalog. · American Sign Language. languages shall qualify for an Article 6. 6.1 6.2 6.3 6.4 6.5 Assignments and 40-hour Classifications Assignments and ClassificationsmSome positions in the unit will be either a special assigm-nent or a permanent position with a 40-hour workweek schedule as identified in Appendix A. Salary--The salary range for 40-hour positions includes all unit incentives, except the Bilingual Incentive. Employees in 40-hour positions are eligible for the Bilingual Incentive, only when proficiency has been demonstrated as designated in this agreement. Assignment Positions Shift Overtime--Shift overtime will be paid at the 56-hour rate for the classification the employee was in prior to being assigned EMS Coordinator or Fire Inspector II duties. Leave Accrual--Employees in this group will have all leaves accrue at the 40-hour rate and will use them on an hour-for-hour basis. Leaves Accrued and Taken--Leaves are accrued per payperiod as follows, which may be used as provided in the relevant sections of this agreement: 6.5.1 Holidays--There are thirteen hol/days per year, which will be considered paid time off. 6.5.2 Paid Family Care Leavem24 hours per year of this leave. 6.5.2.1 Leave Amounts--Effective the payperiod including 1/1/02 employees in these assignments or classifications have 12 hours of Paid Family Care Leave; and effective 1/1/03 Paid Family Care Leave is eliminated. All Paid Family Care Leave taken is inclusive of any leave taken from Sick Leave as Family Care. 6.5.3 Bereavement Leave--24 hours per qualifying event if the funeral is within the State of California and 40 hours if the funeral is outside the State of Califorrda. 6.5.4 Medical Appointment Leave--This leave is not charged to Sick Leave for the first 8 hours of use. All other time used for this purpose will be charged to Sick Leave. 6.5.5 Sick Leave--Accrues at 3.69 hours per payperiod and will be charged on an hour- for-hour basis when used. 6.5.6 Compensatory Time--An employee in a 40-hour position may, at the employee's option or the City's option, receive pay for overtime hours worked or may accumulate compensatory time as allowed by law up to a maximum of 70 hours in lieu of pay for said overtime. 6.5.6.1 Shift Overtime--Compensatory time is not available in lieu of overtime r>av when working a 24-hour shift. Page 10 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 6.5.7 6.5.8 6.5.6.2 Taking Compensatory Time--The overtime hours worked may be taken as compensatory time off provided anyone wishing to exercise this option must give 3 days notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the mii~imum staffing and continued functioning of the division. Flexible Work Schedules--Upon approval of the Fire Chief, an employee in a 40- hour position may work a flexible work schedule that provides for a starting time or ending time other than the normal workday provided that the schedule does not exceed 80 hours in a payperiod. Vacation Leave--This leave will accrue, based on the 40-hour workweek rate of: Accrual Rate Biweekly Annually 1st through 4~h year ......................... 3.08 hours ...... 80 hours. 5th through l0th year ....................... 4.62 hours ..... 120 hours. llth through 14th year ..................... 6.16 hours ..... 160 hours. 15th through 24th year ..................... 7.69 hours ..... 200 hours. 25th and succeeding years ............... 9.23 hours ..... 240 hours. Article 7. Uniforms 7.1 7.2 7.3 7.4 Uniforms--Employees are eligible for reimbursement or payment to a vendor permitted by the City for approved uniform items. This reimbursement or payment will be for the purchase price when the employee presents a proper claim, itemized receipt, and upon verification by the employee's immediate supervisor that the items have been received. Employees may use the uniform allowance for reimbursement for uniform cleaning, when done by a licensed cleaning establishment. Clothing and cleaning receipts, including shipping charges, are to be submitted according to department policy, with reimbursement following thereafter. Eligibility~The uniform allowance commences the second year of employment with/n the department. After the first year of employment is completed, the employee will receive the second-year's uniform allowance on a prorated basis. Leather Helmet After the completion of probation and upon the employee's request, the City will purchase for the employee a leather helmet (less the cost of the department issue helmet). The employee's cost of the leather helmet will be reimbursed to the City from the employee's uniform allowance in two equal payments over a 2-year period. The leather helmet becomes the property of the employee after 3-full years from date of issue. If an employee separates from the department within three years from the date of issue, the employee may buy out the City's share. If the employee elects to not purchase the. helmet, it shall be returned to the City. Allowance Amounts--Uniform allowance amounts are indicated in Appendix C. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page i 1 Article 8. Benefits 8.1.2 Insurance Benefits--Employees shall be eli~ble to receive benefits as follows: 8.1.1 Medical Insurance-- 8.1.1.1 Available Plans--Subject to the terms and conditions of the City's contracts with medical insurance carriers, employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following plans: · Kaiser Foundation Health Plan "S" coverage. · Blue Shield or other plan to be determined. 8.1.1.2 Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance carrier for the plan selected by each employee, in accordance with the terms and cond/tions prescribed by the contract with the carrier. 8.1.1.2.1 Maximum Rate--The maximum City contribution to the employee's medical premium shall be a rate equivalent to the I-DvlO plan that is the highest composite rate in effect during the term of this agreement with employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. 8.1.1.3 Effective Dates of Coverage--The effective date of coverage for medical insurance shall be the first day of the month following the month of employee and dependent enrollment. Coverage shall terminate on the last day of the month in which an employee separates from employment. Dependent coverage shall terminate on the date prescribed by each provider's contract for discontinuance of no-longer-eligible dependents. Medical Insurance for Employees who Retire--Subject to the terms and conditions of the City's contracts with the medical insurance carriers, an employee who retires during the term of this agreement on a service, an industrial disability, or a non-industrial disability retirement shall be provided the opportunity to continue health insurance with one of the City's plans, subsequent to the date of retirement. The City shall continue to pay the premium costs for the employee only and the retiring employee shall bear the premium cost of any dependent coverage. 8.1.3 Medical Insurance for Spouse after Employee or Retiree Death--A retired employee's spouse shall be provided with 2 months of medical insurance coverage at the City's expense upon a retiree's death. The City Shall provide up to one year of City-paid medical coverage to the spouse of an active employee who dies. 8.1 Page 12 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 8.2 8.3 8.4 8.1.4 Spouse Purchase of Medical Insurance after Employee or Retiree DeathmThe spouse of a deceased employee or retiree shall be allowed to purchase medical insurance from a City-provided medical plan at the City's premium rate, provided that: · There is no cost to the City. · The medical provider does not require a City contribution. · The City is held harmless if coverage is discontinued. Dental Insurance--Subject to the terms and conditions of the City's dental plan for the Firefighters Association, employees and dependents shall be provided dental insurance with no premium costs to employees. 8.2.1 Effective Dates of Coverage--Coverage shall become effective on the first day of the month following 6-full months of employment with the City. Only employees appointed on the first day of any month, and who enroll in the plan, are eli~ble for coverage after the first of the month following' 6-full months of employment. Coverage shall terminate on the last day of the month an employee separates from City employment. 8.2.2 DentalmThe available plan has a $3,000 per year participant limit. 8.2.3 OrthodontiamThe lifetime orthodontia coverage benefit for each employee's eligible dependent shall be $4,000. 8.2.4 Purchase of Dental Insurance for Employees Who Retire--Effective 2/1/02, an employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue dental insurance for themselves and eligible dependents under the City's lesser value group plan by paying for the premium payments through the City. The employee must be enrolled in the dental plan prior to retirement. The employee will be completely responsible for these payments and for continuing the insurance coverage. Vision InsurancemSubject to the terms and conditions of the City's vision plan, employees and dependents shall be provided vision insurance, with no premium costs to employees. 8.3.1 Effective Dates of Coverage.. Coverage shall become effective on the first day of the month following enrollment and shall terminate on the last day of the month an employee separates from City employment. 8.3.2 PIan~The vision plan is Vision Service Plan B with a $10.00 deductible. Discretionary Benefit Option--Employees who can demonstrate to the City's satisfaction that they have medical coverage elsewhere, may elect to have the City pay 80% of the cost of health and welfare benefits as defined below into the employee's deferred compensation account. 8.4.1 Proof of Alternate Insurance--An employee must provide proof of an alternate insurance in order to be elJ~ble for this program. Health and welfare benefits are defined to be a combination of medical, dental, and vision insurance premiums. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 13 8.5 8.6 8.4.2 Method of Computation--The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. 80% percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 8.4.3 Exercising the Option--Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. Life Insurance and Accidental Death and Dismemberment Insurance-- 8.5.1 Life Insurance Benefits Ceasing--Effective 2/1/02 in consideration for continuing enhanced dental benefits, the Life Insurance and Accidental Death and Dismemberment Insurance will cease to exist for all bargaining unit members. 8.5.2 Benefits-- 8.5.2.1 Life Insurance Benefits Ceasing--Effective 2/1/02 in consideration for continuing enhanced dental benefits, the Life Insurance and Accidental Death and Dismemberment Insurance will cease to ex/st for bargaining unit members. 8.5.2.2 Term Life Value--Subject to the terms and conditions of the City's contract with the provider, the Term Life Insurance for employees will be provided in the amount of $12,000. 8.5.2.3 AD&D Value--Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance for employees will be provided in the amount of $12,000. 8.5.2.4 Payment of Premium Costs--The City shall pay the premium costs for eligible employees to the insurance provider. 8.5.2.5 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 8.5.2.6 Additional Life Insurance--Individual unit members may purchase additional life insurance through the City's insurance carrier, to the limit authorized in the contract between the City and the carrier. Hepatitis B Vaccination--The City will provide, at City expense, a Hepatitis B vaccination to all employees who desire such vaccination and who are unable to obtain. one under their medical plan. Page 14 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 8.7 8.8 8.9 8.10 Long-term Disability Insurance--All bargaining unit members shall pay for and maintain long-term disability insurance coverage with the California Association of Professional Firefighters, subject to the terms and conditions of the City of South San Francisco Firefighter Association's contract with this provider. This long-term disability insurance plan provides up to 77% of the actual salary of an employee who qualifies for such payments. 8.7.1 City Notification--The Association agrees that the long-term disability benefit provider will inform the City when an employee begins receiving long-term disability insurance benefits and when the benefits end. 8.7.2 Effective Date--Long-term disability coverage becomes effective the first day of the month following enrollment and terminates on the day an employee separates from City employment. 8.7.3 Plan Payment--The City shall provide an amount equivalent to the plan's costs, but no more than $12.00 per month per unit member to pay and maintain their long-term disability insurance. This amount will be given to the Firefighters' Association on behalf of each bargaining unit member for the long-term disability coverage, with that amount included on each employee's W-2 tax statements. Section 125 Plan--Subject to the terms and conditions of the IRS and related regulations, employees may participate in the City's Section 125 Plan, which consists of a Dependent Care Program and an Unreimbursed Medical Program. The City's Third-Party Administrator oversees the Section 125 Plan and has the final authority on Plan requirements. 8.8.1 Dependent Care Plan--Participants may pay dependent care costs on a pm-tax basis, up to $5,000 per year, for the fees of a licensed child-care provider. 8.8.2 Unreimbursed Medical Expense P/an--Participants may pay for approved medical costs on a pre-tax basis that are not paid by the employee's health care provider, up to $2,000 per year. Deferred Compensation--Employees are eligible to participate in the Deferred Compensation Plans available to the City, subject to the terms and conditions of each plan and the IRS. Retirement Benefits-- 8.10.1 Retirement Plan--Retirement benefits for employees shall be those established by the Public Employees' Retirement System (PERS) for Local Safety Members. 8.10.2 Optional Provisions Added--Optional Public Agency Provisions under the retirement system shall also be provided as follows. 8.10.2.1 The 1959 Survivor Allowance--As set forth in the Public Employees' Retirement Law providing for third-tier benefits. 8.10.2.2 One-year Highest Compensation One-year highest compensation as provided for in the Public Employees Retirement Law. 8.10.2.3 Half Continuance--As authorized in the contract between City and PERS as provided by the Public Employees Retirement Law. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 15 8.11 8.I0.2.4 Sick Leave Service Credit--As provided by the Public Employees Retirement Law. 8.10.2.5 Military Service Credit--Military Service Credit as public service as provided by the Public Employees Retirement Law. 8.10.2.6 3% at Age 50 Retirement Formula--The 3% at age 50 retirement formula will be provided that includes all City service at no cost to the employee, effective the payperiod including 12/1/02 as provided by the Public Employees Retirement Law. 8.10.2.7 New PERS Provision Added--On or about July 2002 the City will request that PERS conduct an actuarial study for the Pre-retirement Optional Settlement 2 Death Benefit. The City will implement the benefit no later than the payperiod including 12/1/02. 8.10.3 City Contribution to Retirement System--The City shall pay the rate prescribed by the Public Employees' Retirement System for employer contributions in accordance with the rules and regulations governing such contributions. 8.10.4 Employee Contribution to Retirement System--Employees will pay the employee portion to the Public Employees' Retirement System in accordance with the rules and regulations goverrfing such contributions. Sick Leave at Separation-- 8.11.1 Payment of Unused Accumulated Sick Leave Accrued after 11/14/85--Upon death, full service retirement, or disability retirement, an employee shall be paid for half of the accrued sick leave at the time of the qualifying event. Payment of unused sick leave hours shall be made at the employee' s actual hourly rate of pay. Such right to payment is deemed a property rig.bt and shall not be taken from the employee without mutually agreed-upon compensation. 8.11.2 Sick Leave Cap--No employee shall receive payment for any recorded hours in excess of the 1,680 hours cap, with the maximum payable of 840 hours. Except those employees who have in excess of the 1680-hour cap as of 1/1/89 will have whatever accrued but unused hours earned as of that date become their cap. Those employees who are below the 1680-hour cap effective 1/1/89 may accrue up to the cap with the City paying half upon retirement or death, with the maximum payable shall be 840 hours. 8.11.3 PERS Service Credit--In addition to receiving a cash payoff for accumulated sick leave upon retirement as described above, an employee may apply all remaining sick leave hours as credit towards retirement throu~,~h the Public Employees' Retirement System. The employee may also, upon death, full service retirement, or a disability retirement, elect to not receive any cash payment and instead apply all of the accrued sick leave towards Sick Leave Service Credit for a PERS retirement. Pag~ 18 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Article 10. H onaays 10.1 Holiday Compensation--In heu of paid time off, compensation for hohdays shall be as follows: 10.1.1 Full-day Holidays--Employees shall receive an additional 10.7% of the employee's actual biweekly rate of pay for each payperiod in which the following holidays occur: January 1st ........................................ New Year's Day Third Monday in January .................. Martin Luther King Birthday Third Monday in February ................ Washington's Birthday Observed Last Monday in May ......................... Memorial Day Observed July 4th .............................................. Independence Day First Monday in September ............... Labor Day Second Monday in October ...............Columbus Day Observed November 11th .................................. Veterans' Day Fourth Thursday in November .......... Thanksgiving Day Fourth Friday in November ............... Day following Thanksgiving December 25th .................................. Christmas Day 10.1.2 Half-day Holidays--Employees shall receive an additional 5.35% of the employee's actual biweekly rate of pay for each payperiod in which the following holidays occur: December 24t~ .................................... Christmas Eve Day December 31st .................................... New Year's Eve Day 10.1.3 Discretionary Holiday--Employees shall receive an additional 10.7% of the employee's actual biweekly rate of pay for the payperiod selected by the employee for receipt of the employee's discretionary holiday compensation. In the event that an employee does not select a payperiod by the payperiod prior to the last payperiod of each calendar year to receive the discretionary holiday compensation, the employee shall forfeit this benefit that calendar year. Employees hired on or after the payperiod prior to the last payperiod of each calendar year shall not be eligible for the discretionary holiday compensation for the remainder of that calendar year. 10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness Leave--An employee receiving compensation pursuant to the provisions of Section 4850 of the Labor Code shall receive the same holiday compensation as the employee would have received had the employee worked a normal on-duty shift time. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July i, 2001 through June 30, 2006 Page 19 10.1.5 10.1.6 Holiday Compensation for Employees on Non-industrial Sick Leave or Family Care LeavewAn employee who is scheduled to work on the day immediately preceding an actual holiday, on the actual day of a holiday, and/or on the day immediately following an actual holiday and who does not report for duty as scheduled due to personal injury or illness or due to a family care leave absence shall submit verification or certification as is satisfactory to the Fire Chief or designee prior to receiving compensation for the holiday. Employees Not Eligible for Holiday Compensation--A new employee who is not on full-time regular paid status for the entire payperiod in which a holiday occurs shall not be eligible for holiday compensation during that payperiod. An employee receiving long-term d/sability benefits shall not be eligible for holiday compensation. Article 11. Paid Leaves Vacation--Employees shall earn and be ~anted vacation leave. 11.1.1 Vacation Accrual Rates--Employees shall accrue vacation hours in accordance with the following schedule: Accrual Rate Biweekly Annual 1st to 4th years .......................... 5.54 hours ...... 144 hours. 5th to l0th years ........................ 8.31 hours ...... 216 hours. llth to 14th years ...................... 11.08 hours ......288 hours. 15th to 24t~ years ...................... 13.85 hours ......360 hours. 25th and succeeding years ........16.62 hours ......432 hours. 11.1.2 Vacation Selection-- 11.1.2.1 Shift Vacation--Each employee shall select vacation in not less than 24- hour periods or multiple consecutive 24-hour periods by order of seniority within the department. Such selections are to be made within each shift schedule. After all employees have had the opportunity to select vacation time, those employees who have scheduled at least 144 hours of vacation during the calendar year will be allowed an additional two picks of 12-hour vacation periods each. 11.1.2.2 Vacation Staffing--No more than 2 employees per shift may be on vacation on any working day. However, 4 employees may be off on vacation per shift if the fire suppression staffing is above 20, or if it does not cause overtime, provided the employee requesting vacation calls before 7:45 a.m. to verify the staffing level. 11.1.2.3 Unscheduled Vacation SelectionmWithin the constraints of above, unscheduled vacation may be requested on a first-come basis up to one shift before the vacation would start. Ties are broken by seniority. 11.1 Page 20 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 11.2 11.1.3 Vacation Buy-back--Employees who have scheduled and taken a minimum of 144 hours of vacation during each calendar year shall be permitted to receive the cash value of up to 72 hours of unused but accrued vacation. The cash value shall be determined by multiplying the hours to be paid by the employee's actual hourly rate of pay. 11.1.4 Vacation Accumulation--Employees may not accumulate more than 2 times their annual accrual amount of vacation hours. Vacation hours exceeding the maximum allowed shall automatically be credited for payment and paid once a year in the fLrst payperiod of January. 11.1.5 Vacation Compensation Payout Upon Separation--An employee who retires or separates from City employment and who has accrued unused vacation time on record shall be compensated at the employee's actual hourly rate of pay for all accumulated hours. Sick Leave/Non-industrial Injury Illness Leave-- 11.2.1 Definition--An employee who is temporarily and/or part/ally disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness that is not industrially caused shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 11.2.2 Amount of Sick Leave--Employees will accrue 12 hours of sick leave per month of employment, which may be accumulated without limit. 11.2.2.1 Sick Leave Amounts Used for Employees Hired ]/7/97 or Earlier-- Employees hired prior to 1/7/97 or earlier will be charged at the rate of 11.2 hours of leave per 24-hour shift until all hours accrued at the 11.2 rate have been depleted. After each employee uses the hours accrued at the rate of 11.2 hours per month, that employee will then be charged hour-for-hour (e.g. 24 hours for each 24-hour shift) for all use of sick leave. 11.2.2.2 Sick Leave Amounts Used for Employees Hired 1/8/97 or Later-- Employees hired On or after 1/8/97 will be charged hour-for-hour when using sick leave (e.g. 24 hours of leave charged for each 24-hour shift). Sick Leave Request--Employees shall complete and submit a request for paid sick leave for each occurrence of sick leave in accordance with the policies and procedures established by the Fire Chief. Approval of Sick Leave Request--The Fire Chief or designee shall review all sick leave requests and, if approved, the request shall be granted. The Fire Chief or designee shall not unreasonably withhold approval of an employee's sick leave request. Verification of Injury or Illness-- 11.2.5.1 Usual Verification--An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal affidavit of injury or illness. 11.2.3 11.2.4 11.2.5 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 21 11.2.6 11.2.7 11.2.5.2 Doctor or Nurse Practitioner's Verification--The Fire Chief or designee may require a verifcafion prepared and signed by a medical doctor or nurse practitioner, describing the nature and extent of the illness or injury and confirming that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of 3-consecutive shifts. In addition, the Fire Chief may require a medical verification any time there is a reasonable basis to believe that an individual employee has abused the leave. Such medical verification requests shall not be unreasonably imposed. Prohibition from Engaging in Outside Occupation--An employee who is absent from duty as the result of a non-industrial injury or illness and on paid sick leave shall not perform duties in any occupation outside of the City service. This requirement is intended to ensure that an absent employee is doing all that is necessary to facilitate complete and swift recovery from the injury or illness causing temporary and/or partial d/sability and absence from work. Sick Leave Management Plan--The purpose of the sick leave management plan is to provide a formal structure to correct excessive sick leave usage. Generally the sick leave management plan will become operative when an employee fails to respond to the supervisor's review and counseling. If circumstances are present that warrant immediate action, the supervisor, with the approval of the Fire Chief or designee, may place an employee on a sick leave management plan in conjunction with the review and counseling of the employee concerning leave usage. 11.2.7.1 Sick Leave Threshold-- 11.2.7.1.1 Employees Scheduled 56-hour Workweeks--Employees working 24-hour shifts, who exceed 144 hours or 4 occurrences of sick leave per calendar year, regardless of whether the employee's leave is charged at 11.2 or 24 hours per 24-hour shift, will be subject to a review of sick leave usage. 11.2.7.1.2 Employees Scheduled 40-hour Workweeks--Employees working 40-hour workweeks, who exceed 56 hours or 7 occurrences of sick leave per calendar year will be subject to a review of sick leave usage. 11.2.7.2Leave Monitoring--The Fire Chief or designee will monitor sick leave monthly. Any pattern detected, which meets the threshold defined above, will be subject to review. 11.2.7.3 Exzenuating Circumstances--Under extenuating circumstances, such as serious injury causing hospitalization, pregnancy/childbirth, or other serious illness or Page 22 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 11.3 time, the sick leave review and management program may be suspended by the Fire Chief or designee. The Fire Chief or designee shall determine those circumstances under which further review is suspended. 11.2.7.4Review and Counseling--An employee whose use of sick leave falls within the criteria outlined above shall meet with the immediate supervisor to discuss the reasons and/or causes of the leave usage. If it is determined that there are not mitigating circumstances affecting the use of sick leave, the supervisor will counsel the employee on the proper use of such leave. Corrective action, if warranted, will be discussed with the employee. 11.2.7.5 Sick Leave Management Plan Requirements--When a sick leave management plan is imposed, it will include a series of requirements that an employee must adhere to during the 12-month period the plan is in effect. Adherence to the requirements should serve to discourage excessive sick leave use. 11.2.7.6 Plan Stipulations--The sick leave management plan stipulates that an employee submit to the following when sick leave is used. 11.2.7.6.1 Personal Notification--Personally notify the on-duty shift battal/on chief of the illness/absence by telephone. 11.2.7.6.2 Examination--Have an examination by a medical doctor or nurse practitioner on the day of the reported illness. 11.2.7.6.3 Affidavit~Obtaln a note from a medical doctor or nurse practitioner that states the diagnosis and prog-nosis in medical terminology indicating the extent the employee is precluded from performing the job. Other than those stated above, a medical rem-to-work release signed by a health care practitioner will not suffice in meeting this requirement. 11.2.7.6.4 Other Conditions--Identify any other condition that the supervisor deems appropriate for the specific circumstances to further discourage unwarranted use of sick leave. ll.2.7.7DiscipIinary Process--Failure to adhere to the sick leave management plan prescribed by an employee's supervisor will result in disciplinary action. ll.2.7.8Maximum Paid Sick Leave Usage--An employee who has insufficient sick leave hours on record to cover absences from the job shall use accrued vacation prior to receiving authorization for a medical leave of absence without pay. Bereavement LeavetAn employee may be granted leave of absence without loss of salary or benefits upon the death or for the funeral of a family member as defined below. 11.3.1 Definition of Family Member for Bereavement LeavetThis leave may be granted for any of the following persons: spouse, child, father, mother, step-father, step- mother, brother, sister, step-brother, step-sister, grandfather, grandmother, father-, in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, and son-in- law. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 23 11.4 11.5 11.3.1.1 Non-family Member Leave--Additionally, other such persons may be included in this provision if, in the opinion of the Fire Chief or designee, there exists an extraordinarily close familial relationship between the employee and the person in question. Leave for these other such persons other than family members as described above shall be charged to vacation leave. 11.3.2 Leave Within California--Employees may be granted up to a maximum of 48 on- duty hours per occurrence for the death or to attend the funeral of a family member within of California. 11.3.3 Leave Outside CaliforniamEmployees may 'be granted up to a maximum of 72 on-duty hours per occurrence for the death or to attend the funeral of a family member outside of California. Medical Appointment Leave--Employees shall receive leave with pay for appointments with medical doctors and dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur on an off-duty day. An employee requesting such paid leave shall receive approval of the Fire Chief or designee prior to taking the leave. Such leave shall be authorized only for the actual time necessary for the appointment and a reasonable travel time to and from the appointment. Employees shall be required to submit a personal statement describing the nature and need of such visits. The City reserves the right to confn-m or verify any appointment for which such leave is authorized. 11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour Employees--The first 11.2 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. 11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour Employees--The fn:st 8 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. Paid Family Care Leave-- 11.5.1 Definition of Family Member for Paid Family Care Leave--For the purposes of Paid Family Care Leave, a family member shall include the employee's spouse, child, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In addition, the Fire Chief or designee may grant leave to an employee for some other person (other then family member, as listed), if in the opinion of the Fire Chief or designee, there exists or existed an extraordinary close familial relationship between the employee and such other person. Page 24 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 11.5.2 Eligibility for Paid Family Care Leave-- 11.5.2.1 56-Hour EmployeesmEffecfive the payperiod including 1/1/02, for 56- hour employees, Paid Family Care Leave shall be 24 hours per year for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined above. 11.5.2.2 40-Hour EmployeesmEffecfive the payperiod including 1/1/02, for 40- hour employees, Paid Family Care Leave shall be 12 hours per year for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined above. 11.5.2.3 Elimination of Leave--Effective the payperiod including 1/1/03, the remaining hours of the Paid Family Care Leave for both 56-hour and 40- hour employees will be eliminated. 11.5.3 Sick Leave as Family Care LeavemEmployees accrue sick leave each year as defined in the sick leave article of this agreement. In recognition of Labor Code 233, effective 1/1/00, employees are peru-fitted to use up to half of their annual sick leave accrual, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 11.5.3.1 Defini~on of Family Member for Sick Leave as Family Leave Purposes--A family member, as defined in Labor Code 233, shall include the employee's spouse, child, mother, and father. 11.5.3.2 Leave Amount--The combined total of hours taken for family care purposes pursuant to Labor Code section 233, including any leave used from the Paid Family Care Leave provision as defined above, if elig/ble, shall not exceed one-half of the employee's annual accrual of sick leave. Concurrent Use of Leave--This leave may run concurrently with any family care leave permitted under federal or state law. Leave Accounting--The accounting for paid family care leave and sick leave as family care shall be on a payroll calendar year basis, effective the payperiod including January 1st of each year. Notification Procedures--An employee using such leave is required to indicate the reason, such as "sick" or "injured" along with the name of the family member, for the absence on the appropriate City form. 11.5.6.1 Leave Notification--Leave usage forms and notification procedures will continue to be used, and employees may be required to submit a health care practitioner's verification of injury or illness of the family member for any period of time that the employee requests family care leave. Suc medical verification requests shall not be unreasonably imposed. 11.5.6.2 Leave Verification--In addition, employees shall be required to submit a doctor or nurse practitioner's medical certification, verifying the actual injury or illness of the employee's family member if an employee requests family care leave subsequent to having been absent from a normally scheduled on-duty shift for a period of 48 consecutive hours. 11.5.4 11.5.5 11.5.6 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 25 11.6 11.7 Such medical verification shall not be unreasonably imposed. Industrial Injury or Illness Leave--An employee who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of the classification as a result of an injury or illness, which has been determined to be industrially caused shall be granted Industrial Injury or Illness Leave without loss of salary or benefits. 11.6.1 Administration of Leave--The requirements and the amount of Industrial Injury or lllness Leave granted an employee are prescribed in Labor Code Section 4850 and its related sections in effect at the time of the industrial illness or injury. 11.6.2 Light-duty Program--The department has a light-duty program described in another section of this agreement. 11.6.3 Prohibition from Engaging in Outside Occupation--An employee who is absent from duty as a result of an industrial injury or illness and receiving Industrial Injury or Illness Leave shall not perform duties in any occupation outside of the City service. This requirement is intended to ensure that the employee is doing all that is necessary to facilitate complete and swift recovery from the injury or illness that caused the absence from duty and temporary and/or partial disability. Pregnancy Disability and Childcare Leave--Employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or the placement of a child with an employee in connection with adoption. These leaves may run concurrently with Preg-nancy Disability, Family Medical Leave Act, or California Family Rights Act leaves. Article 12. Leave Conversion 12.1 Leave Conversion Factors--Employees who change workweek schedules shall be entitled to the following conversions. An employee working 56-hour schedule changing to a 40-hour schedule will have accrued hours converted to a 40-hour equivalent workweek. Employees working a 40-hour schedule changing to a 56-hour schedule will have accrued hours converted to a 56-hour equivalent workweek. The following conversion factors apply for each leave type: 12.1.1 56-hour Schedule--A 56-hour schedule changed to a 40-hour workweek schedule will have leaves converted in the following manner. 12.1.1.1 Sick Leave Conversion--Accrued sick leave hours will be converted by multiplying by a factor of .7142857. 12.1.1.2 Vacation Leave Conversion--Accrued vacation hours will be converted by multiplying by a factor of .555. Page 26 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 12.1.1.3 Vacation Buy-back--Employees who have scheduled and taken a mi3imurn of 144 hours of vacation shall be permitted to receive the cash value of up to 72 hours of unused but accrued vacation. The cash value will be determined by multiplying the hours to be paid by the employee' s actual hourly rate of pay. 12.1.2 40-hour Schedule--A 40-hour schedule changed to a 56-hour workweek schedule will have leaves converted in the following manner. 12.1.2.1 Sick Leave Conversion--Accrued sick leave hours will be converted by multiplying by a factor of 1.4. 12.1.2.2 Vacation Leave ConversionmAccrued vacation hours will be converted by multiplying by a factor of 1.8. 12.1.2.3 Vacation Buy-back--Employees who have scheduled and taken a mn/mum of 80 hours of vacation during each calendar year shall be permitted to receive the cash value of up to 51.4 hours of unused but accrued vacation. For Vacation Buy-back purposes only, when assig-ned a 40-hour workweek schedule, each hour has a 1.2857-hour equivalency. The cash value of the buy-back hours will be determined by multiplying the hours to be paid by the employee's actual hourly rate of pay. Arti¢,e 13. Long.term Disabinty Progrm 13.1 Benefits--The City will provide employees with 13.2 13.3 13.4 long-term disabihty insurance. In consideration of changing plans, the employee will pay the $12.00 monthly premium and the City will reimburse the employee for that amount. Application for Benefits--An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued paid leave and sick leave for which the employee is eligible up to the 30th calendar day of disabihty, may file an application for long-term disability insurance benefits in accordance with the requirements of the long-term disability insurance plan. Elimination Period--The elimination period for the long-term disability plan is 30 days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. City Determination--If an employee has a long-term disability, the City shall determine from medical documentation whether the employee is permanent and stationary or whether the employee is temporarily disabled: 13.4.1 Permanent and Stationary Status--An employee is considered permanent and stationary is he/she is incapacitated from performing the full scope of the usUal and customary duties of the classification. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 27 13.5 13.6 13.7 13.8 13.9 13.4.2 Temporary Disability Status--An employee is considered temporarily disabled if the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. Permanent and Stationary Determination--If the City determines from medical documentation that the employee with or without accommodation is permanent and stationary, the City may retire the employee or otherwise separate the employee from the classification and/or from City service. Temporary Disability Determination--If the City determines that the employee is temporarily disabled from performing the full scope of the usual and customary duties of the classification and that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a per/od appropriate to the time necessary to determine the employee's ability to completely recover, or the City may not grant such leave and separate the employee from the classification and/or from City service in accordance with applicable law. Permanent and Stationary Determination During Leave of Absence--If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover, and the employee's disability becomes permanent and stationary during the period of such leave, and the employee is precluded from performing the duties of the classification with or without accommodation from, then the City may retire the employee on a disability retirement or otherwise separate the employee from the classification and/or City service at the time the employee's condition becomes permanent and stationary in accordance with applicable law. Accrued Vacation Payment--Upon becoming eligible for long-term disability benefits and being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. Insurance Premium Payment--The City will continue to pay the insurance premiums on behalf of a disabled employee and dependents if the employee has elected these benefits, pursuant to the provisions for such payments otherwise provided in this agreement, until the date of the employee's separation from City service. 14. Light-duty Program 14.1 Light-duty Program--The purpose of.the light-duty program is to prevent deterioration of skills, facilitate recovery, and eliminate a potential for income loss. It minimizes the loss of productive time while at the same time reintroducing the employee to work. Light- duty assignments will be structured so employees are not placed in a duty status that would aem-avate an iniurv or illness. Page 28 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 14.2 14.3. Coverage--Employees who suffer a temporary or partial disability due to an industrial or non-industrial injury or illness will be covered by this light-duty program. 14.2.1 Determination and Required Reports-- 14.2.1.1 Assignments--l_3ght-duty assignments may be made following evaluation and determination by the Fire Chief or designee. The determination will be based on available medical information, and in consultation with the employee or the employee's immediate supervisor. Determinations will also be based on the needs of the City and the impact of light-duty on departmental operations. 14.2.1.2 Evaluation and Determination--The evaluation and determination of light-duty assignments may be initiated by the Fire Chief or designee, at the request of the employee's immediate supervisor, or at the request of the employee. 14.2.1.3 Medical Repons--Once the initial medical report is received by the department, updated medical reports shall be submitted to the Fire Chief or designee at two-week or other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. 14.2.1.4 Review of Assignment--Reports will be evaluated by the Fire Chief or designee for purposes of commencing, continuing, or terminating a light- duty assi=mu'nent. Light-duty Assignments, Definitions, and Restrictions-- 14.3.1 Assignments--Dght-duty assignments may consist of reduced work hours, limited work, or any combination thereof. 14.3.2 Impact to Employee--Light-duty assignments will not adversely affect the employee's normal actual biweekly gross wages or retirement benefits. 14.3.3 Fire Department Assignments--ISght-duty assignments will be within the employee's assigned department and will involve work that is within the employee's work limitations. 14.3.4 Normal Business Hour Assignments--The employee may be assigned light-duty work during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 14.3.5 Case-by-Case Review--Specific light-duty assignments will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 14.3.6 Field Emergency Reponses--Employees will not be placed in light-duty assi~muments that, in the normal course of events, will require a direct field emergency response. Reevaluations--The employee shall be allowed to leave the light-duty assignment due to any discomfort from or aggravation to the injury or illness, which necessitated the employee going on light-duty status. Absences of 2 or 14.3.7 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 29 14.4 more occurrences during a light-duty assignment shall require an appointment and evaluation with the treating physician. 14.3.8 Uniforms--Employees shall not be required to wear a uniform while on light- duty assi~munents. 14.3.9 Holidays--Employees in a 40-hour per week light-duty status shall receive the same holiday compensation as if still working in a 56-hour workweek assignment. 14.3.10 Vacation Scheduling--Employees assigned to light-duty work shall take their vacation as normally scheduled. Vacations shall cover the same number of duty and calendar days as would have been if the employee had remained on full duty. Return-to-Full-duty Status--Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the essential functions of the classification with or without accommodation. Article 15. Layoff and Demotion P oncy 15.1 Reduction in Force--In the event of a reorganization or reduction in force, the employee with the least service in the affected classification shall be demoted first. The demoted employee shall be reassi~ed to a lower-related classification or assignment held by an employee with less department seniority. 15.2 Displaced EmpIoyees--If the demoted employee will displace another employee with less department seniority, and is not deemed capable by the City to work in that classification or assigr~ment, the demoted employee shall be laid off. The employee with the least City service shall be laid-off first and so on until no further layoffs are needed. This layoff and demotion practice shall continue through the ranks until the lowest classification is reached and no further layoffs are needed. 15.3 Senioriry~When layoffs are to occur, seniority is determined by years of service with the City, not Fire Department years of service. Article 16. Paramedic Preceptor Fee The Union may develop a non-profit organization, affiliated with IAFF, Local 1507, whose purpose is to improve the health and welfare of the residents, service organizations, or business of South San Francisco. The foundation will collect funds from various sources and provide financial support to organizations within the City. Page 30 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 thxough June 30, 2006 Article 17. Residence Requirements Employees are required to reside inside the boundaries of the State of California. Article 18. Emergencies Nothing contained in this agreement shall limit the authority of the department and the City to make necessary changes during emergencies. The department and/or the City shall notify the Union of such changes as soon as possible. Emergency assignments of employees shall not exceed beyond the period of the crisis. An emergency is defined as an unforeseen circumstance requiring immediate implementation of the change. Article 19. Disciple Provision Employees covered by this agreement shall have the right to appeal the following kinds of discipline, which shall only be imposed for just and proper cause, using the grievance procedure contained in this agreement, up to and including binding arbitration for termination; demotion from one classification to another classification; in grade pay reduction; suspension without pay; and involuntary removal from a special assignment where the removal results in a loss in base salary or loss of assignment pay. Employees do not have the right to appeal other forms of discipline, such as verbal counseling and written reprimands. Article 20. Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by employees covered by this agreement. 20.1 Definition of a Grievance--A grievance is defined as an allegation by an employee or a group of employees that the City has failed to provide a condition of employment, established by this agreement, provided that the condition of employment is not a matter within the discretion of the Fire Chief or the City. This grievance procedure shall not apply to matters over which the Personnel Board has jurisdiction. 20.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment that has been established by this agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged' failure. In no event shall a ~m-ievance include a claim for money relief for more than the 45-calendar day period, plus such reasonable discovery period. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through Sune 30, 2006 Page 31 20.3 20.4 20.5 20.6 20.7 20.8 20.9 Informal Discussion with Employee's Supervisor--Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent him/herself individually. Or the employee may request the assistance of an employee representative of choice, who has been officially authorized by the Union, pursuant to this agreement, to put in writing and formally present the grievance. Formal Written Grievance to Employee's Battalion Chief--If the employee chooses to formally pursue the grievance, it shall be presented in writing to the Battalion Chief within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the Article, Section, and/or Subsection of this agreement alleged to have been violated by the City and shall specify dates, times, places, persons, and other facts necessary for a clear understanding of the matter being grieved. Within 15-calendar days of receipt of the written grievance, the Battalion Chief shall respond to the grievance with an answer in writing. If the grievance is not resolved at this level, the employee shall have 15-calendar days from receipt of the Battalion Chief's answer in which to file an appeal to the Fire Chief. Waiver of Battalion Chief Review----~ the grievance is not resolved after the informal discussion with the employee's immediate supervisor, the grievant and the Battalion Chief may, by mutual agreement, waive review of the grievance by the Battalion Chief and proceed to present the grievance to the Fire Chief or designee. Grievance to Fire ChiefmThe Fire Chief or designee shall have 15-calendar days after receipt of the grievance to review and answer it in writing. A meeting between the Fire Chief or designee and the grievant and designated representative is required at this level unless waived by mutual agreement. Arbitration of Grievance--In the event that the grievance is not resolved by the Fire Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire Chief's decision, request that the grievance be heard by an arbitrator. Informal Review by the City ManagermPrior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee shall informally review the grievance and determine whether the grievance may be adjusted to the satisfaction of the employee. The City Manager or designee shall have 15- calendar days in which to review and seek adjustment of the grievance. Selection of Arbitrator--The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or representative. If the City Manager or designee and the grievant or representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or representative shall then alternately strike names from the list until only one name remains, and that person shall serve as the arbitrator. Page 32 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 20.10 20.11 20.12 20.13 20.14 Arbitrator ReviewmThe provisions for arbitration are not intended and shall not be construed to empower the arbitrator to change any condition of employment, specifically covered by this agreement or to revise, modify, or alter, in any respect, any provision contained in the agreement. Duty of the Arbitrator--Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and disposition of the grievance, which shall be final and binding upon the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the agreement applicable to the grievance. Payment of CostsmEach party to a hearing before an arbitrator shall bear their own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne half by the City and half by the grievant. Effect of Failure of Timely Action--Failure of the employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. Non-Union Representation--In the event that an employee chooses to represent him/herself, or arranges for a representative independent of the Union, the Fire Chief and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this agreement. In the event an employee shall elect a hearing independently under this Article, the Union shall have the right to be a full and equal party to such proceedings for the purpose of protecting the interests of its members under the terms of the agreement. 21.A 21.1 21.2 21.3 21.4 greement, Moaification, and Waiver Full and Entire Agreement~This agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing Understanding and agreements over these matters between the parties, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this agreement are found to be in conflict with a City rule, regulation, or resolution, the provision of this agreement shall prevail over such conflicting rule, regulation, or resolution. Written Modification Required--No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties unless made and executed in writing by all parties and approved by the City Council. Waiver--The waiver of any breach, term, or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Term of Agreement~The term of this agreement is from 7/1/01 through 6/30/06. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 33 Article 22. Signatures Except as amended herein and hereby, all terms and conditions of the a~eement between the City of South San Francisco and the International Association of Firefighters, Local 1507 as set forth ori~nally in the Memorandum of Understanding for the period of 7/1/01 through 6/30/06 shall remain in full force and effect for the contract term set forth herein. Signed this [/ day of ~C;,,~-co--~--~ ,2002 by: For the City: For IAFF: JAB-2/19/02 f:Wile cabinetXeerelafionsXiafI'~ouh'ev5 iaff new 01-06 mou.doc Page 34 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Appendix A Classifications The current classifications in this unit are the following: · Firefi~ter · Paramedic/Firefighter · Fire Apparatus Engineer · Fire Captain · Fire Inspector I (40-hour schedule) · Fire Inspector ri (40-hour schedule) The current assignrnents in this unit are the following: · Emergency Medical Technician Instructor EMT-I) · Emergency Medical Service Coord/nator (EMS) (40-hour schedule) · Fire Inspector II (40-hour schedule) Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 35 Appendix B Compensation Adjustments by Classification Title 7/01 Firefighter 5.84% Paramedic/Firefighter 5.84% Fire Apparatus Engineer 5.84% Fire Captain 5.84% Fire Inspector I (40-hour schedule) 5.84% Fire Inspector 17 (40-hour schedule) Assignments Emergency Medical Technician Instructor 5.84% Emergency Medical Service Coordinator (40- 5.84% hour schedule) Fire Inspector 17 (40-hour schedule) 5.84% Compensation Amounts 7/02 7/03 7/04 7/05 60th% NIM 60th% 4.0% 60th% MM 60t1:% 4.0% 60th% MM 60th% 4.0% 60th% MM 60th% 4.0% 60th% MM 60th% 4.0% B. 1 B.2 B. 3 B. 4 B.5 In the payperiod including 7/1/01, the salary adjustments for all positions in the unit will be 5.84%. For the payperiod including 7/1/02, a market survey will be conducted on or about 8/1/02 as indicated in the wage provision of this agreement, and compensation will be made to the 60m percentile of the market. For the payperiod including 7/1/03, a market survey will be conducted on or about 8/1/03 assessing only the market movement of the survey agencies as indicated in .the wage provision of this agreement, and adjustment will be made to the average of the market movement. For the payperiod including 7/1/04, a market survey will be conducted on or about 8/1/04 as indicated in the wage provision of this agreement, and compensation will be made to the 60t~ percentile of the market. For the payperiod including 7/1/05, the salary adjustments for all positions in the unit will be 4.0%. Page 36 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 throu~ June 30, 2006 Appendix C Uniform Allowance Rates Employees are eligible for reimbursement or payment to a vendor approved by the City for approved uniform items. Reimbursement rates effective 7/1/00 for the uniform allowance will be $600 per fiscal year. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 37 Appendix D Side Letter - 2/4 Work Schedule Plan D.I D.2 D. 3 The City will implement the 11/28/01 draft of the Code Enforcement Captain Requirements. On or about 3/1/03 the Union may request that the City meet with the Union, using the process described in item 3 below, to review the implementation of Fire Department policy 826 and particularly Sections 826.1 and 826.2 in effect as of 11/28/01. The City and the Union will examine during a one-year trial period the 2/4 workday schedule. The particulars of such a trial program will be agreed to by the parties jointly. The Union acknowledges to the City that an overwhelming majority of the bargaining unit desires to try such a work schedule. Using the process described in item 3 below, the parties may review the program on or about 3/1/03. The City and the Union will meet to review the agreement. At the request of either the Union or the City, using the Interest Based Bargaining process and Mr. Paul Roose of the State Mediation and Conciliation Service as a facilitator or any facilitator from the State Mediation and Conciliation Service mutually agreed upon, the parties may review items 1 and/or 2 described above on or about 3/1/03. Page 38 Memorandum of Understanding between the City of South San Francisco and the L4FF, Local 1507 July 1, 2001 through June 30, 2006 Appendix E Side Letter - 2/4 Work Schedule Workweeks The pilot 2/4 Work Schedule has workweeks and tours of duty. shifts in a 24-day cycle as follows: A Shift XXOOOOXXOOOOXXOOOOXXOOOO B Shift OOXXOOOOXXOOOOXXOOOOXXOO C Shift OOOOXXOOOOXXOOOOXXOOOOXX There will be 3 different work Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 39 Appendix F Code Enforcement Langxlage The City and the IAFF, Local 1507, agrees that the Fire Captains will perform code enforcement duties, as identified. Page 40 Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Appendix G Staff Report Exhibit A Firefighters Association Salary and Benefits 1. Agreement - Five-year agreement from 7/1/01 through 6/30/06. 2. PERS Retirement enhancement - Provide 3% at age 50 retirement benefit in the payperiod including 12/1/02. 3. PERS Modifications - Conduct an actuarial study at the be~nning of fiscal year 2003 for Pre-retirement Optional Settlement 2 Death Benefit. 4. Compensation - Adjust salaries maintaining same level of spread between classifications. Effective 7/1 of each year for COLAs and retroactive to 7/1 of each year for surveys with the surveys being conducted on or near 8/1 of the survey year. · Year 1 - Adjust to the average of the survey agencies (5.84%). · Year 2 - Adjust to the 60t~ percentile of survey agencies. · Year 3 - Adjust salaries by market movement of survey agencies. · Year 4 - Adjust to the 60th percentile of survey agencies. Year 5 - 4% COLA 5. 'Paid Family Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the payperiod including 1/1/02, and eliminating all paid family care leave with the payperiod be~nning 1/1/03.40-hour employees leaves are 12 hours be~nning 1/1/02 and all are eliminated by 1/1/03. 6. 2/4 schedule- set up trial program for 2/4 schedule to review 12 months after implementation with implementation date approximately 3/1/02. 7. Add code enforcement duties side letter to review after 12 months. 8. 40-hour assigurnents - EMS Coordinator and Fire Inspectors working 40-hour workweeks will have leaves based on 40 hour employees, similar to what is already in agreement for EMS Coordinator with one exception for flexible work schedules language. Compensatory time will be available up to 70 hours with restrictions noted. 9. Eliminate Life Insurance and Accidental Death and Dismemberment Insurance in order to maintain dental insurance at current levels. 10. Provide option for re~ees to purchase dental benefits. 11. Grandfather in current fire inspector employees for educational incentive, and modify educational incentive benefit for fire inspector classification. 12. Language - add discipline provision. 13. Lan~maage - modify language in the following areas: · Holiday Compensation. · Extending probation. · Vacation selection. · Bereavement Lea~,e. · Absence Verification. · Add Fire Apparatus Engineer to classified service. · Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law. · Adjust MOU format, such as grouping like sections together. Memorandum of Understanding between the City of South San Francisco and the IAFF, Local 1507 July 1, 2001 through June 30, 2006 Page 41 Appendix Annual Salary Schedules Memorandum of Understanding between the South San Francisco Police Association and the City of South San Francisco January 1, 2001 through December 31, 2004 Table of Contents Article Preamble Section 1 Article 1 Article 2 Title Page 1 Provisions for Sworn Personnel .......................................................................... 1 Recognition .......................................................................................................... 1 Wages and Compensation ................................................................................... 1 2.1 Wage Rates ................................................................................................. 1 2.1.1 Salary Adjustments ............................................................................ 1 2.1.1 Salary Survey ..................................................................................... 1 2.2 Step Advancement ...................................................................................... 2 2.2.1 Time in Step ....................................................................................... 2 2.2.1.1 Step 2 ..................................................................................... 2 2.2.1.2 Step 3 ..................................................................................... 2 2.2.1.3 Step 4 ..................................................................................... 2 2.2.1.4 Step 5 ..................................................................................... 2 2.2.2 Step Placement ................................................................................... 2 2.3 Incentives .................................................................................................... 2 2.3.1 Education Incentives .......................................................................... 2 2.3.1.1 Associate's Degree ................................................................. 2 2.3.1.2 Bachelor's Degree .................................................................. 2 2.3.2 Certification Incentives ...................................................................... 2 2.3.2.1 Intermediate P.O.S.T. Certificate ........................................... 2 2.3.2.2 Advanced P.O.S.T. Certificate ............................................... 2 2.3.1 Eligibility and Written Notification ................................................... 2 2.4 Special Assi~mzments ................................................................................... 2 2.4.1 Motorcycle ........................................................................................ 2 2.4.2 Dog Handler ..................................................................................... 3 2.4.3 Field Training Officer ....................................................................... 3 2.4.4 School Liaison .................................................................................. 3 2.4.5 Discontinuing Special Assignments ................................................. 3 2.5 Promotion .................................................................................................... 3 2.6 Bilingual Pay ............................................................................................... 3 2.6.1 Former Bilingual Program ................................................................ 3 2.6.2 Bilingual Program ............................................................................ 3 2.6.2.1 Testing ................................................................................... 3 Page ii Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article Article 3 Article 4 Article 5 Title Page 2.6.2.3 Compensation ........................................................................ 4 2.6.2.3.1 Adjustment in Compensation .................................. 4 2.6.2.4 Translating ............................................................................. 4 2.6.2.5 Language Determination ........................................................ 4 2.6.2.6 Language in Effect ................................................................. 4 2.7 Longevity Pay ............................................................................................. 4 2.7.1 After 15 Years .................................................................................... 4 2.7.2 After 20 Years .................................................................................... 4 Allowances and Reimbursements ........................................................................ 4 3.1 Uniform Allowance .................................................................................... 4 3.1.1 Allowance Conditions ........................................................................ 4 3.1.1.1 Reimbursement/Allowance Distribution ............................... 4 3.1.1.1.1 Reimbursement Procedures .................................... 5 3.1.1.2 Cleaning and Maintenance of Uniforms ................................ 5 3.1.1.3 New Employees ..................................................................... 5 3.2 Allowance Amounts .................................................................................... 5 3.2.1 ........................................................................................................... 5 3.2.2 ........................................................................................................... 5 3.2.3 ........................................................................................................... 5 3.2.4 ........................................................................................................... 5 3.3 Vests ............................................................................................................ 5 3.3.1 Wearing Vests .................................................................................... 5 Overtime Pay ....................................................................................................... 5 4.1 Overtime Compensation ............................................................................. 5 4.2 Training Overtime ....................................................................................... 5 4.3 Overtime Pay for Court Appearances ......................................................... 6 4.4 Call-back/in Compensation ......................................................................... 6 4.4.1 Workday Call-back/in ........................................................................ 6 4.4.2 Non-workday Call-back/in ................................................................. 6 4.5 Compensatory Time .................................................................................... 6 4.5.1 Maximum Compensatory Time ......................................................... 6 Benefits ................................................................................................................ 6 5.1 Health Insurance Benefits ........................................................................... 6 5.2 Medical Insurance ....................................................................................... 6 5.2.1 Federal- or State-mandated Medical Insurance Participation ............ 6 5.2.2 Medical Insurance Plans .................................................................... 6 5.2.3 Payment of Premium Costs ................................................................ 7 5.2.3.1 Maximum Rate ...................................................................... 7 5.2.4 Effective Date of Coverage ................................................................ 7 5.2.5 Medical Plan for Employees Who Retire .......................................... 7 5.2.5.1 Spouse-paid Benefit ............................................................... 7 Dental .......................................................................................................... 7 5.3 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page iii Article Article 6 Title Page 5.3.1 Available Plan .................................................................................... 7 5.3.2 Changes in Plan ................................................................................. 7 5.3.3 Orthodontia ........................................................................................ 7 5.3.4 Payment of Premium Costs ................................................................ 7 5.3.5 Effective Date of Coverage ................................................................ 7 5.3.6 Dental Insurance for Employees Who Retire .................................... 8 5.4 Vision .......................................................................................................... 8 5.4.1 Available Plan .................................................................................... 8 5.4.2 Payment of Premium Costs ................................................................ 8 5.4.3 Effective Date of Coverage ................................................................ 8 5.4.4 Vision Insurance for Employees Who Retire .................................... 8 5.5 Discretionary Benefit Option ...................................................................... 8 5.5.1 Proof of Alternate Insurance .............................................................. 8 5.5.2 Method of Computation ..................................................................... 8 5.5.3 Exercising the Option ........................................................................ 8 5.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 9 5.6.1 Term Life Value ................................................................................. 9 5.6.2 AD&D Value ..................................................................................... 9 5.6.3 Payment of Premium Costs ................................................................ 9 5.6.4 Effective Date of Coverage ................................................................ 9 5.6.5 Additional Life Insurance .................................................................. 9 5.7 Disability Insurance Program ..................................................................... 9 5.7.1 Coverage ............................................................................................ 9 5.7.2 Costs ................................................................................................... 9 5.7.3 Eligibility ........................................................................................... 9 5.7.4 City Determination ............................................................................ 9 5.7.4.1 Permanent and Stationary Status ........................................... 9 5.7.4.2 Recovery Status ..................................................................... 9 5.7.5 Permanent and Stationary Determination .......................................... 10 5.7.6 Temporary Determination .................................................................. 10 5.7.7 Permanent and Stationary Determination During Leave of Absence .............................................................................................. 10 5.7.8 Accrued Vacation Payment ................................................................ 10 5.7.9 Insurance Premium Payment ............................................................. 10 5.8 Hepatitis "B" Vaccination ........................................................................... 10 Retirement Benefits ............................................................................................. 10 6.1 Deferred Compensation Program ............................................................... 10 6.2 Retirement Plan ........................................................................................... 11 6.2.1 IRS Section 415 Limits ...................................................................... 11 6.2.1.1 Grandfathering Benefits ......................................................... 11 6.2.1.2 Section 415 Electionl ............................................................. 11 6.2.1.3 Insignificant Provision Conflict ............................................. 11 Page iv Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article Article 7 Article 8 Title Page 6.2.1.4 Significant Provision Conflict ............................................... 11 6.2.1.5 PERS Agreement ................................................................... 11 6.2.2 Optional Provisions Added ................................................................ 11 6.2.2.1 Survivor Allowance ............................................................... 11 6.2.2.2 Single-highest Year Compensation ........................................ 11 6.2.2.3 Military Service Credit .......................................................... 11 6.2.2.4 Three Percent (3%) at Age 50 Formula ................................. 11 6.2.2.5 Sick Leave Service Credit Provision ..................................... 11 6.2.2.6 Other Provisions .................................................................... 11 6.2.3 Employee Contribution to Retirement System .................................. 12 6.3 Payment of Unused Accumulated Sick Leave ............................................ 12 6.3.1 Discontinued 90-day Plan .................................................................. 12 6.3.1.1 Eligible Employees ................................................................ 12 6.3.1.2 Number of Hours Payable ...................................................... 12 6.3.1.3 Time of Payment .................................................................... 12 6.3.2 Sick Leave Accrued After October 1, 1986 ....................................... 12 Holidays ............................................................................................................... 12 7.1 Authorized Holidays ................................................................................... 12 7.1.1 Full-day Holidays .............................................................................. 12 7.1.2 Half-day Holidays .............................................................................. 13 7.2 Holidays Not Worked ................................................................................. 13 7.3 Discretionary Holiday ................................................................................. 13 Leaves .................................................................................................................. 13 8.1 Vacation ...................................................................................................... 13 8.1.1 Vacation Leave Accrual Exceptions .................................................. 13 8.1.2 Vacation Payoff ................................................................................. 14 8.1.3 Deferral of Vacation Period ............................................................... 14 8.1.3.1 Requesting Vacation Deferral ................................................ 14 8.1.4 Vacation Compensation ..................................................................... 14 8.2 Bereavement Leave ..................................................................................... 14 8.2.1 Definition of Family Member for Bereavement Leave .....................14 8.2.2 Leave Within California .................................................................... 14 8.2.3 Leave Outside California ................................................................... 14 8.3 Sick Leave ................................................................................................... 14 8.3.1 Sick Leave Eligibility ........................................................................ 14 8.3.2 Amount of Sick Leave ....................................................................... 15 8.3.2.1 Discontinued Sick Leave Plan ............................................... 15 8.3.3 Advancing Sick Leave ....................................................................... 15 8.3.4 Sick Leave Definition ........................................................................ 15 8.3.5 Sick Leave Request ............................................................................ 15 8.3.5.1 Approval of Sick Leave Request ........................................... 15 8.3.5.2 Notification ............................................................................ 15 Memorandum of Understanding Bet~veen the South San Francisco Police Association and the City of South San Francisco Page v Article Article 9 Article 10 Article 11 Title Page 8.3.5.3 Verification of Injury or Illness ............................................. 15 8.3.5.3.1 Usual Verification ................................................... 15 8.3.5.3.2 Doctor's Verification .............................................. 15 8.3.6 Sick Leave Management Plan ............................................................ 15 8.4 Medical Appointments ................................................................................ 16 8.4.1 Medical Appointment Leave Charged to Sick Leave ........................ 16 8.5 Paid Family Care Leave .............................................................................. 16 8.5.1 Employees Hired Pr/or to 1/01/01 Eligibility for Paid Family Care Leave .................................................................................................. 16 8.5.2 Definition of Family Member for Paid Family Care Leave .............. 16 8.5.3 Sick Leave as Family Care Leave ...................................................... 16 8.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes ...................................................................... 16 8.5.3.2 Leave Amount ........................................................................ 16 8.5.4 Concurrent Use of Leave ................................................................... 16 8.5.5 Notification Procedures ..................................................................... 16 8.6 Light Duty Program .............................................................. ' ...................... 17 8.6.1 Coverage ............................................................................................ 17 8.6.1.1 Determination/Required Reports ........................................... 17 8.6.1.1.1 Assi=munents ............................................................ 17 8.6.1.1.2 Medical Updates ..................................................... 17 8.6.1.2 Light-duty Assignrnents, Definitions, and Restrictions ......... 17 8.6.1.3 Holidays?Vacations During Light-duty Assignments ............ 18 8.6.1.3.1 Holidays Observed .................................................. 18 8.6.1.3.2 Vacations ................................................................. 18 8.6.2 Return to Full Duty ............................................................................ 18 8.7 Pregnancy-related Disability Leave ............................................................ 18 Recreational Facilities and Classes ...................................................................... 19 9.1 Admission to Classes .................................................................................. 19 9.2 Use of Facilities .......................................................................................... 19 Layoff .................................................................................................................. 19 10.1 Layoff. ......................................................................................................... 19 10.2 Seniority ...................................................................................................... 19 10.3 Order of Layoff ........................................................................................... 19 10.4 Notice of Layoff. ......................................................................................... 19 10.5 Layoff Re-employment/Reinstatement List ................................................ 20 10.5.1 Classification Reinstatement List ................................................... 20 10.5.2 Like Classification Reinstatement Opportunities ........................... 20 10.5.3 Duration of Re-employment/Reinstatement Lists .......................... 20 10.5.4 Probationary Returns ...................................................................... 20 2O Disciplinary Action .............................................................................................. 11.1 Action by City ............................................................................................. 2O Page vi Memorandum of Understanding Bet~veen the South San Francisco Police Association and the City of South San Francisco Article Article 12 Article 13 Article 14 Article 15 Section 2 Article 16 Article 17 Title Page 11.2 Chief of Police Action ................................................................................ 20 11.3 City Manager Approval .............................................................................. 20 11.4 Notice of Disciplinary Action ..................................................................... 21 11.4.1 Written Notice ................................................................................. 21 11.5 Notice Timelines ......................................................................................... 21 11.6 Appeal Rights ............................................................................................. 21 Grievance Procedure ............................................................................................ 21 12.1 Definition of a Grievance ............................................................................ 21 12.2 Stale Grievance ........................................................................................... 21 12.3 Informal Discussion with Employee's Supervisor ..................................... 21 12.4 Formal Written Grievance to Captain ......................................................... 22 12.5 Grievance to the Chief of Police ................................................................. 22 12.6 Informal Review by the City Manager ....................................................... 22 12.7 Arbitration of Grievance ............................................................................. 22 12.8 Selection of an Arbitrator ............................................................................ 22 12.9 Duty of Arbitrator ....................................................................................... 22 12.9.1 Arbitrator Decision ' 22 12.9.2 Arbitrator Responsibility ................................................................ 23 12.10 Payment of Costs ....................................................................................... 23 12.11 Effect of Failure of Timely Action ............................................................ 23 12.12 Non-union Representation ......................................................................... 23 Employees Covered ............................................................................................. 23 Modification ........................................................................................................ 23 Dispute ................................................................................................................. 23 Provisions for Civilian Support Staff .................................................................. 24 Recognition .......................................................................................................... 24 Wages and Compensation ................................................................................... 24 17.1 Wage Rates ................................................................................................. 24 17.1.1 Salary Adjustments ......................................................................... 24 17.1.2 Salary Survey .................................................................................. 24 17.2 Time in Step ................................................................................................ 24 17.2.1 Time in Step .................................................................................... 24 17.2.1.1 Step 2 ............................................................................... 24 17.2.1.2 Step 3 ............................................................................... 24 17.2.1.3 Step 4 ............................................................................... 25 17.2.1.4 Step 5 ............................................................................... 25 17.3 Special Compensation ................................................................................. 25 17.3.1 Acting Supervisor Compensation ................................................... 25 17.3.2 Temporary Assignment to Higher-level Classification ..................25 17.4 Promotions .................................................................................................. 25 17.5 Bilingual Pay ............................................................................................... 25 17.5.1 Former Bilingual Pro.am .............................................................. 25 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page vii Article Article 18 Article 19 17.5.2 17.5.2.1 17.5.2.2 17.5.2.3 Title Page Bilingual Program ........................................................................... 25 Eligible Classifications .................................................... 25 Testing ............................................................................. 25 Compensation .................................................................. 25 17.5.2.3.1 Adjustment to Compensation ......................... 26 17.5.2.4 Translating ....................................................................... 26 17.5.2.5 Language Determination .................................................. 26 17.5.2.6 Languages in Effect ......................................................... 26 17.6 Longevity Pay ............................................................................................. 26 17.6.1 After 15 Years ................................................................................. 26 17.6.2 After 20 Years ................................................................................. 26 17.7 Education Incentive .................................................................................... 26 17.7.1 Associate's Degree .......................................................................... 26 17.7.2 Bachelor's Degree ........................................................................... 26 17.7.3 Eligibility and Written Notification ................................................ 26 Allowances and Reimbursements ........................................................................ 27 18'.1 Uniform Allowance .................................................................................... 27 18.2 Allowance Conditions ................................................................................. 27 18.2.1 Distribution of Reimbursement/Allowance .................................... 27 18.2.1.1 Reimbursement Procedures ............................................. 27 18.2.2 Cleaning and Maintenance of Uniforms ......................................... 27 18.2.3 New Employees .............................................................................. 27 18.3 Allowance Amounts .................................................................................... 27 18.3.1 PST, PEO, and PP/ES Classifications ............................................ 27 18.3.1.1 ......................................................................................... 27 18.3.1.2 ......................................................................................... 27 18.3.1.3 ......................................................................................... 27 18.3.1.4 ......................................................................................... 27 18.3.2 PRS and SPRS Classifications ........................................................ 27 18.3.2.1 ......................................................................................... 27 18.3.2.2 ......................................................................................... 27 18.3.2.3 ......................................................................................... 28 18.3.2.4 ......................................................................................... 28 18.4 Vests ............................................................................................................ 28 18.4.1 Wearing Vests ................................................................................. 28 Overtime Compensation ...................................................................................... 28 19.1 Overtime Defined ........................................................................................ 28 19.2 Overtime Records ....................................................................................... 28 19.3 Minimum Overtime .................................................................................... 28 19.4 Overtime Compensation Rate ..................................................................... 28 19.5 Training Time ............................................................................................. 28 19.6 Usual Overtime ........................................................................................... 28 Page viii Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article Article 20 Title Page 19.7 Court Appearance Time .............................................................................. 28 19.7.1 Court Appearance on Scheduled Work Days ................................. 28 19.7.2 Court Appearance on Non-Scheduled Work Days ......................... 28 19.8 Call-back/in Compensation ......................................................................... 29 19.8.1 Workday Call-back/in ..................................................................... 29 19.8.2 Non-workday Call-back/in .............................................................. 29 19.9 Compensatory Time .................................................................................... 29 19.9.1 Maximum Compensatory Time ...................................................... 29 19.9.2 Compensatory Time Cash-out ........................................................ 29 Benefits ................................................................................................................ 29 20.1 Health Insurance Benefits ........................................................................... 29 20.2 Medical Insurance ....................................................................................... 29 20.2.1 Federal- or State-mandated Medical Insurance Participation ......... 29 20.2.2 Medical Insurance Plans ................................................................. 29 20.2.3 Payment of Premium Costs ............................................................. 29 20.2.3.1 Maximum Rate ................................................................ 29 20.2.4 Effective Date of Coverage ..... ~ ....................................................... 30 20.2.5 Medical Plan for Employees Who Retire ....................................... 30 20.2.6 Spouse-paid Benefit ........................................................................ 30 Dental Insurance ......................................................................................... 30 20.3.1 Available Plan ................................................................................. 30 20.3.2 Changes in Plan .............................................................................. 30 20.3.3 Orthodontia ..................................................................................... 30 20.3.4 Payment of Premium Costs ............................................................. 30 20.3.5 Effective Date of Coverage ............................................................. 30 20.3.6 Dental Insurance for Employees Who Retire ................................. 30 Vision Insurance ......................................................................................... 31 20.4.1 Available Plan ................................................................................. 31 20.4.2 Payment of Premium Costs ............................................................. 31 20.4.3 Effective Date of Coverage ............................................................. 31 20.4.4 Vision Insurance for Employees Who Retire ................................. 31 Discretionary Benefit Option ...................................................................... 31 20.5.1 Proof of Alternate Insurance ........................................................... 31 20.5.2 Method of Computation .................................................................. 31 20.5.3 Exercising the Option ..................................................................... 31 Life Insurance and Accidental Death and Dismemberment Insurance ....... 32 20.3 20.4 20.5 20.6 20.7 20.6.1 Term Life Value .............................................................................. 32 20.6.2 AD&D Value .................................................................................. 32 20.6.3 Payment of Premium Costs ............................................................. 32 20.6.4 Effective Date of Coverage ............................................................. 32 20.6.5 Additional Life Insurance ............................................................... 32 Disability Insurance .................................................................................... 32 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page ix Article Article 21 Article 22 Title Page 20.7.1 Short-term Disability ...................................................................... 32 20.7.2 Long-term Disability ....................................................................... 32 20.7.3 Payment of Premium Costs ............................................................. 32 20.7.4 Effective Date of Coverage ............................................................. 32 20.7.5 Eligibility ........................................................................................ 32 20.7.6 City Determination ........................................................................ 32 20.7.6.1 Permanent and Stationary Status .................................... 32 20.7.6.2 Recovery Status .............................................................. 33 20.7.7 Permanent and Stationary Determination ...................................... 33 20.7.8 Temporary Determination ............................................................. 33 20.7.9 Permanent and Stationary Determination During Leave of Absence ......................................................................................... 33 20.7.10 Accrued Vacation Payment ........................................................... 33 20.7.11 Insurance Premium Payment ......................................................... 33 20.8 Hepatitis "B" Vaccination ........................................................................... 33 Retirement Benefits ............................................................................................. 34 21.1 Deferred Compensation Program ............................................................... 34 21.2 Retirement Plan ........................................................................................... 34 21.2.1 IRS Section 415 Limits ................................................................... 34 21.2.1.1 Grandfathering Benefits ................................................... 34 21.2.1.2 Section 415 Election ........................................................ 34 21.2.1.3 Insignificant Provision Conflict ....................................... 34 21.2.1.4 Significant Provision Conflict ......................................... 34 21.2.1.5 PERS Agreement ............................................................. 34 21.2.2 Optional Provisions Added ............................................................. 34 21.2.2.1 Survivor Allowance ......................................................... 34 21.2.2.2 Single-highest Year Compensation .................................. 34 21.2.2.3 Sick Leave Credit Provision ............................................ 35 21.2.3 Employee's Contribution to Retirement System ............................ 35 21.3 Payment of Unused Accumulated Sick Leave ............................................ 35 21.3.1 Discontinued 90-day Plan ............................................................... 35 21.3.1.1 Eligible Employees .......................................................... 35 21.3.1.2 Number of Hours Payable ................................................ 35 21.3.1.3 Time of Payment .............................................................. 35 21.3.2 Sick Leave Accrued After October 1, 1986 .................................... 35 Holidays ............................................................................................................... 36 22.1 Authorized Holidays ................................................................................... 36 22.1.1 Full-day Holidays ........................................................................... 36 22.1.2 Half-day Holidays ........................................................................... 36 22.2 Day of Holiday Observation ....................................................................... 36 22.3 Day of National Mourning or Celebration .................................................. 36 22.4 Holiday Eligibility ...................................................................................... 36 Page x Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article Article 23 Title Page 22.5 Employees Working on a Holiday .............................................................. 36 22.6 Holiday Compensation for Employees on Injury/Illness/Family Care Leave ........................................................................................................... 36 22.7 Discretionary Holiday ................................................................................. 37 Leaves .................................................................................................................. 37 23.1 Vacation ....................................................................................................... 37 23.1.1 Vacation Accrual ............................................................................ 37 23.1.2 Vacation Leave Accrual Exceptions ............................................... 37 23.1.3 Vacation Payoff .............................................................................. 37 23.1.4 Vacation Scheduling ....................................................................... 37 23.1.5 Deferral of Vacation Period ............................................................ 37 23.1.5.1 Requesting Vacation Deferral .......................................... 37 23.1.6 Vacation Compensation .................................................................. 38 23.2 Bereavement Leave ..................................................................................... 38 23.2.1 Definition of Family Member for Bereavement Leave .................. 38 23.2.2 Leave Within California ................................................................. 38 23.2.3 Leave Outside California ................................................................ 38 23.3 Sick Leave ................................................................................................... 38 23.3.1 Amount of Sick Leave .................................................................... 38 23.3.1.1 Advancing Sick Leave ..................................................... 38 23.3.2 Sick Leave Definition ..................................................................... 38 23.3.3 Sick Leave Request ......................................................................... 38 23.3.4 Approval of Sick Leave Request .................................................... 38 23.3.5 Notification ...................................................................................... 38 23.3.6 Verification of Injury or Illness ...................................................... 39 23.3.6.1 Usual Verification ............................................................ 39 23.3.6.2 Doctor's Verification ....................................................... 39 23.3.7 Sick Leave Management Plan ......................................................... 39 23.4 Medical Appointment Leave ....................................................................... 39 23.4.1 Medical Appointment Leave Charged to Sick Leave ..................... 39 23.5 Paid Family Care Leave .............................................................................. 39 23.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family Care Leave ...................................................................................... 39 23.5.2 Definition of Family Member for Paid Family Care Leave ........... 39 23.5.3 Sick Leave as Family Care Leave ................................................... 40 23.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes .................................................... 40 23.5.3.2 Leave Amount ........................................................... 40 23.6 Concurrent Use of Leave ............................................................................ 40 23.7 Notification Procedures ............................................................................... 40 23.8 Light-duty Program ..................................................................................... 40 23.8.1 Coverage ......................................................................................... 40 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page xi Article Article 24 Article 25 Article 26 23.9 23.10 23.11 Title Page 23.8.1.1 Determination/Required Reports ..................................... 40 23.8.1.1.1 Assignments ................................................... 40 23.8.1.1.2 Medical Updates ............................................ 40 23.8.1.1.3 Light-duty Assignments, Definitions, and Restrictions .................................................... 41 23.8.1.2 Holidays/Vacations During Light-duty Assignments ...... 41 23.8.1.2.1 Holidays Observed ......................................... 41 23.8.1.2.2 Vacations ........................................................ 42 23.8.2 Return to Full-duty Assignment ..................................................... 42 Industrial Injury or Illness Leave .............................................................. 42 Pregnancy-related Disability Leave .......................................................... 42 Short- or Long-term Disability .................................................................. 42 23.11.1 Application for Benefits ............................................................... 42 23.11.2 City Determination ...................................................................... 42 23.11.3 Permanent and Stationary Determination .................................... 43 23.11.4 Temporary Determination ............................................................ 43 23.11.5 Permanent and Stationary Determination During Leave of Absence ........................................................................................ 43 23.11.6 Accrued Vacation Payment .......................................................... 43 23.11.7 Insurance Premium Payment ....................................................... 43 Recreation Facilities and Classes ........................................................................ 43 24.1 Admission to Classes .................................................................................. 43 24.1 Use of Facilities .......................................................................................... 43 Layoff .................................................................................................................. 43 25.1 Layoff .......................................................................................................... 43 25.2 Seniority for Layoff Purposes ..................................................................... 44 25.2.1 Order of Layoff ............................................................................... 44 25.3 Notice of Layoff .......................................................................................... 44 25.4 Layoff Re-employment/Reinstatement Lists .............................................. 44 25.4.1 Classification Reinstatement List ................................................... 44 25.4.2 Like Classification Reinstatement List ........................................... 44 25.4.3 Duration of Re-employment/Reinstatement List ............................ 44 25.4.4 Probationary Returns ...................................................................... 45 Disciplinary Action .............................................................................................. 45 26.1 Personnel Rules and Regulations ................................................................ 45 26.2 Action by the City ....................................................................................... 45 26.2.1 Disciplinary Action ......................................................................... 45 26.2.2 Emergency Action .......................................................................... 45 26.2.3 City Manager Approval .................................................................. 45 26.3 Notice of Disciplinary Action ..................................................................... 45 26.4 Written Notice ............................................................................................. 46 26.5 Notice Timelines ......................................................................................... 46 Page xii Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article Article 27 Section 3 Article 28 Article 29 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Title Page 26.5 Appeal Rights ............................................................................................. 46 Grievance Procedure ............................................................................................ 46 27.1 Definition of a Grievance ............................................................................ 46 27.2 Stale Grievance ........................................................................................... 46 27.3 Information Discussion with Employee's Supervisor ................................ 46 27.4 Formal Written Grievance to Captain ......................................................... 46 27.5 Grievance to Chief of Police ....................................................................... 47 27.6 Informal Review by the City Manager ...................................................... 47 27.7 Arbitration of Grievance ............................................................................ 47 27.8 Selection of an Arbitrator .......................................................................... 47 27.9 Duty of an Arbitrator ................................................................................. 47 28.9.1 Arbitrator Decision ........................................................................ 47 28.9.2 Arbitrator Responsibility ............................................................... 47 27.10 Payment of Costs ....................................................................................... 47 27.11 Effect of Failure of Timely Action ............................................................ 48 27.12 Non-union Representation ......................................................................... 48 Provisions for All Unit Members ........................................................................ 49 Agreement Modification and Waiver .................................................................. 49 28.1 Full and Entire Agreement ........................................................................ 49 28.2 Eligibility for Retroactivity ....................................................................... 49 28.3 Written Modification Required ................................................................. 49 28.4 Waiver ....................................................................................................... 49 Signatures ............................................................................................................ 49 Sworn and Civilian Classifications ...................................................................... 50 Sworn and Civilian Classification Salary Adjustments ....................................... 51 Side Letter - Medical Benefits ............................................................................ 52 Side Letter- Optional PERS Benefits ................................................................. 53 D.1 SickLeave Service Credit ......................................................................... 53 D.2 Single-highest Year Retirement Calculation ............................................. 53 Side Letter - Sick Leave Coding and Recognition .............................................. 54 E.1 Sick Leave Usage Coding ......................................................................... 54 E.2 Low Sick Leave Usage Recognition ......................................................... 54 Police Association Salary and Benefits Staff Report .......................................... 54 Salary Schedules .................................................................................................. 55 F:\File Cabinet\EERelations\Police,.MOUX, PA 01-04 ,MOU.doc Memorandum of Understanding between the South San Francisco Police Association and the City of South San Francisco Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as "City" and the South San Francisco Police Association, hereafter designated as "Association", as a mutual agreement of those wages, hours, and conditions of employment, that are to be in effect during the period 1/1/01, through 12/31/04, for those employees working in classifications in represented Unit C. The City of South San Francisco recognizes the South San Francisco Police Association as the employee organization that has been selected by the employees in the sworn and civilian classifications. Section 1 - Provisions for Sworn Personnel Article 1. Recognition sworn Police Unit C consists of all employees in classifications listed in Appendix A, as well as all employees in classifications as may be added to this Unit by the terms of this Agreement. Article 2. Wages and Compensation 2.1 Wage Rates-- 2.1.1 Salary Adjustments--Salaries will be adjusted effective the paypefiod including January 1st Of each year as identified in Appendix B of this agreement. 2.1.2 Salary Survey--A total compensation and salary survey will be conducted for the police officer classification between the dates of 2/1/04 and 2/15/04 utilizing the same survey agencies and methodology as used in the 2000 survey. Increases to the base rate of pay for all bargaining unit members will be at the 60th percentile of the City's standard survey agencies for the Police Officer classification and will be effective for the entire payperiod including 1/1/04. Any adjustments will be based on the survey average for compensation and total compensation, with the same differential maintained between the classifications as it was in the 2000 salary schedule. Page 2 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 2.2 2.3 2.4 Step Advancement--Employees shall be required to complete the specified training or time criteria in paid continuous regular service at each step of the salary schedule prior to advancing to the next salary step. 2.2.1 Time in Step--Such training or time for each step shall be as noted. 2.2.1.1 Step 2--Move to the next step one year from date of hire. 2.2.1.2 Step 3--After one additional year. 2.2.1.3 Step 4~After one additional year. 2.2.1.4 Step 5--After one additional year. 2.2.2 Step Placement--New employees who have prior police training and/or experience may be compensated at a higher step in the salary schedule for the classification as recommended by the Chief of Police and approved by the City Manager. Such employees shall be required to complete the specified training or time at their initial hire step prior to advancing to the next step of the salary schedule. Incentives--Only one of the below listed incentives, either the Education Incentive or the Certificate Incentive, will be received by an employee at any given time. 2.3.1 Education Incentives-- 2.3.1.1 Associate's Degree--An employee who has successfully completed probation and who possesses an associate's degree from an accredited institution of learning shall be compensated at a rate 5% higher than the rate for which the employee qualifies pursuant to above. 2.3.1.2 Bachelor's Degree---An employee who has successfully completed probation and who possesses a bachelor's degree from an accredited institution of learning shall be compensated at a rate 7.5% higher than the rate for which the employee qualifies pursuant to above. 2.3.2 Certification Incentive-- 2.3.2.1 Intermediate P.O.S.T. Certificate--An employee who has successfully completed probation and who possesses an Intermediate Police Officer's Standards and Training certificate shall be compensated at a rate 2.5% higher than the rate for which the employee qualifies pursuant to above. 2.3.2.2 Advanced P.O.S.T. Certificate--An employee who has successfully completed probation and who possesses an Advanced Police Officer's Standards and Training certificate shall be compensated at a rate 5% higher than the rate for which the employee qualifies pursuant to above. 2.3.3 Eligibility and Written Notification--It is the employee's responsibility to submit written notification to the department's Training Manager, upon the date of eligibility, requesting the Education or Certification Incentive. The employee will not be entitled to retroactive pay if the written notice has not been submitted, - and/or received as in compliance. Special Assignments-- 2.4.1 Motorcycle--A Police Officer assigned to Motorcycle duty shall be compensated at the rate 5% higher than the employee's actual base hourly rate of pay. No more than 5 officers shall be assigned to Motorcycle duty. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 3 2.5 2.6 2.4.2 Dog Handler--A Police Officer assigned to Dog Handler duty shall be compensated at a rate 5% higher than the employee's actual hourly rate of pay for all hours in a paid status. This 5% compensation is in consideration of the officer's efforts in caring, feeding, and transporting the animal for the base number of hours these activities take each month. See side letter of agreement. 2.4.3 Field Training Officer--A Police Officer assigned to Field Training Officer (FTO) duty shall be compensated at the rate 5% higher than the employee's actual base hourly rate of pay. No more than 6 officers shall be assigned to this duty. The department will maintain a list of qualified officers who may temporarily fill FTO duty, as needed; and who will be compensated at the appropriate rate of pay when doing this assignment. 2.4.4 School Liaison--A Police Officer assigned to School Liaison duty shall be compensated at the rate 5% higher than the employee's actual base hourly rate of pay. No more than 1 officer shall be assigned to School Liaison duty. 2.4.5 Discontinuing S19ecial Assignments--The rate adjustment provided above shall be removed in the event a Police Officer discontinues working special-assi=mnnent duty. The Officer's rate shall be reestablished at that rate for which the Officer qualifies pursuant to above. The reestablished rate shall become effective upon the date the Officer discontinues working special-assigm'nent duty. Promotion--An employee who is promoted from one classification to a higher classification within the Unit shall have his/her rate set at the first step of the new classification or at the rate for the step 5% higher than the rate earned by the employee prior to the promotion, whichever rate is higher. Prior to advancing to the next step of the schedule, the promoted employee will be required to complete the specified time in each step of the new classification, commencing with the date of promotion. Bilingual Pay-- 2.6.1 Former Bilingual Program--Those employees who receive bilingual compensation as of 12/31/00 will continue to do so. An employee who has demonstrated to the Chief of Police's satisfaction, that s/he is proficient in speaking a second language, shall be compensated. Such compensation shall commence when the employee has passed a qualifying examination demonstrating proficiency in the language. 2.6.2 Bilingual Program--The following bilingual program will be in effect as of 1/1/01. 2.6.2.1 Eligible Classifications--All sworn classifications within this unit are eligible to participate in the bilingual program. 2.6.2.2 Testing--Compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. To be eligible to participate in this program, employees must speak a second language used by a segment of South San Francisco population. Once an employee qualifies as speaking a second language the employee will receive bilingual pay, even if the population changes and a significant se~:nent no longer speaks the language. Page 4 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 2.7 2.6.2.3 Compensation--An employee who has tested, using the City's standard bilingual testing procedures, and demonstrated satisfactory proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee's actual base hourly rate of pay. 2.6.2.3.1 Adjustment in Compensation--Bilingual compensation will be increased to 5% higher than the employee's actual base hourly rate of pay, effective 7/1/03. 2.6.2.4 Translating--Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual ~vho is doing business with the City at worksites other than their pr/mary work location. 2.6.2.5 Langz~age Determi~mtion--The languages that are spoken in South San Francisco that are subject to the bilingual incentive pay for purposes of this section will be determined by reviewing the demographic data from the local school district and/or the number of interactions that sworn officers have with people speaking languages other than those identified belo~v. The Chief of Police will determine the significant interactions with people speaking other languages. The Chief of Police and the Union will then meet once a year to determine the languages that qualify under this section. 2.6.2.6 Lan~tages in Effect--The following languages shall be in effect as of 1/1/01, which shall qualify an employee to receive compensation under this section. Spanish. Tagalog. · American Sign Language. Longevity Pay--Pay for employees who have served the City will be granted as follows. 2.7.1 After 15 Years--After the 15~' year of service as a full-time regular employee, 1.5% of compensation will be added to the eligible employee's actual hourly rate of pay. 2.7.2 After 20 Years--After the 20th year of service as a full-time regular employee, in addition to above, another 1% of compensation will be added to the eligible employee's actual hourly rate of pay. Article 3. Allowances and Reimbursements 3.1 Uniform Allowance-- 3.1.1 Allowance Conditions--Uniform allowance is subject to the following conditions. 3.1.1.1 Reimbursement/Allowance Distribution--Uniform allowance distribution will be made in 2 equal increments per fiscal year. The distributions will occur on the first payperiods in November and May. With the allowance received, officers shall be responsible for procuring and maintaining their Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 5 3.2 3.3 uniforms and equipment as listed in the department's current General Order and Procedures Manual. 3.1.1.1.1 Reimbursement Procedures--Reimbursement will be through the payroll process, effective 1/01/01. 3.1.1.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform allowance provided to all employees may be applied to expenses incurred for the maintenance/cleaning of said uniforms. Payment for cleaning expenses will be provided up to a maximum of 50% of the total uniform allowance given to each employee per fiscal year. Requests for payment towards cleaning expenses must be submitted in writing 2 times a year only during the months of May and November. 3.1.1.3 New Employees--Uniform allowance will commence the second year of employment with the department. After the first year of employment is completed, the employee will receive the uniform allowance at the next payment period, i.e. November or May. If the year anniversary is after the last payment month, then there will be no reimbursement for that fiscal year. If the anniversary falls after the first payment in November, employees shall receive half of that fiscal year's allowance. Allowance Amounts--Each employee may receive an amount per year for the purchase of approved uniform items. The amount of the allowance provided in each year of the agreement shall be as follows. 3.2.1 The amount is $715 per 3.2.2 The amount is $725 per 3.2.3 The amount is $735 per fiscal year, effective 7/1/01. fiscal year, effective 7/1/02. fiscal year, effective 7/1/03. 3.2.4 The amount is $745 per fiscal year, effective 7/1/04. Vests--Vests will be provided to all new employees at no cost to the employee. A replacement program has been established for all employees who have vests and includes how and when vests will be replaced, the types of vests to be replaced, and the mandatory wearing of vests. ' 3.3.1 Wearing Vests--Each employee shall be required to have the approved vest on his/her person or in the ready bag during each duty shift. Article 4. Overtime Pay 4.1 Overtime Compensation--Authorized work performed by employees, in excess of their scheduled workday or workweek, shall constitute overtime except as otherwise provided. Employees required to work in excess of their scheduled hours of work shall be compensated for each overtime hour so worked at the rate of 1.5 times the employee's actual hourly rate of pay. 4.2 Training Overtime--Employees required to attend training sessions, in excess of their scheduled hours of work, shall be compensated for each hour at 1.5 times the employee's actual hourly rate of pay. Page 6 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 4.3 4.4 4.5 Overtime Pay for Court Appearances--Employees who are required in the course and scope of their official employment to appear in court, other than during their regular tour of duty or shift hours, shall receive overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay. An employee shall receive a minimum of 3 hours overtime pay for such court appearances that occur on scheduled work dates (including voluntary overtime shift assignments) and a minimum of 4 hours overtime pay for such court appearances that occur on non-scheduled work dates. Call-back~in Compensation--Employees who in the course of their official employment are called back to work, other than during their regular tour of duty or shift, shall receive overtime pay at the rate of 1.5 times the employee's actual hourly rate of pay. 4.4.1 Workday Call-back~in--An employee shall receive a minimum of 3 hours overtime pay for call backs that occur on scheduled work dates (including voluntary overtime shift assignments). 4.4.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours overtime pay for such call backs that occur on non-scheduled work dates. Compensatory Time--With the supervisor's approval, employees may receive pay at the appropriate rate for each overtime hour worked or may accumulate compensatory time in accordance with departmental policies. 4.5.1 Maximum Compensatory Time--All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 60 hours. Article 5. Benefits 5.1 Health b~surance Benefits--Full-time regular employees shall be eligible to receive insurance benefits currently provided by the City through the contracts with insurance carriers or self-insurance programs. 5.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents fi.om one of the following current HMO plans the City has with the carriers, subject to the terms and conditions of the City's contract with the providers. 5.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state or federal statutes mandate that the parties to this MOU participate in a national or state health plan, health care benefits currently provided to employees covered by this MOU will not be diminished nor will the employee's cost for maintenance of these benefits be increased beyond any provided in this MOU. 5.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's contracts with medical insurance carriers, eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following plans: · Kaiser Permanente Foundation Health "S" Plan. · Aetna US Healthcare or other plan to be determined. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 7 5.3 5.2.3 5.2.4 Payment of Premiums Costs-The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 5.2.3.1 Maximum Rate--The maximum City contribution to the employee's medical premium will be a rate equivalent to the HMO plan that is the highest composite rate in effect during the term of this agreement with employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. Effective Date of Coverage--The effective date of health insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. Dependent coverage shall terminate on the date prescribed by each health insurance carrier's contract for discontinuance of dependents no longer eligible for coverage. 5.2.5 Medical Plan for Employees Who Retire--Subject to the terms and conditions of the City's contracts with medical insurance carriers, an employee who retires on a service, an industrial disability, or non-industrial disability retirement 'from the City's service shall be provided the opportunity to continue medical insurance coverage with one of the City's plans subsequent to the date of retirement. The City shall continue to pay the premium costs for the employee only and the retiring employee shall bear the premium costs for any eligible dependents. 5.2.5.1 Spouse-paid Benefit--The City will allow the spouse of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City's premium rate provided all of the following: the employee must have been enrolled in the medical plan prior to retirement or death; there is no cost to the City; the medical provider does not require a City contribution; and the City is held harmless if the coverage is discontinued. Dental Insurance-- 5.3.1 Available Plan--Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract with the provider. 5.3.2 Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01. 5.3.3 Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible participants. 5.3.4 Payment of Premium Costs--The City shall pay the premium costs for eligible. employees and their dependents to the insurance provider. 5.3.5 Effective Date of Coverage--Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the Page 8 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 5.4 5.5 month in which the employee is on paid status prior to separation from employment with the City. 5.3.6 Dental Insurance for Emlvloyees Who Retire--An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue dental insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee must be enrolled in the dental plan prior to retirement. The employee will be completely responsible for these payments and for continuing the insurance coverage. Vision Insurance--Subject to the terms of the City's vision insurance plan, employees and their dependents shall be provided vision insurance. 5.4.1 Available Plan--Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City's contract with the provider. The plan provided by the City for members of the Unit shall afford smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses. 5.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 5.4.3 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 5.4.4 Vision Insurance for Employees Who Retire--An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue vision insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee must be enrolled in the vision plan prior to retiring. The employee will be completely responsible for these payments and for continuing the insurance coverage. Discretionary Benefit Option--An employee may elect, once each year, to receive deferred compensation monies and to have the City pay 80% of the cost in lieu of medical, dental, and vision benefits into the employee's deferred compensation account. 5.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 5.5.2 Method of Computation--The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. Eighty percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 5.5.3 Exercising the Olvtion--Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 9 5.6 5.7 Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. Life Insurance and Accidental Death and Dismemberment Insurance-- 5.6.1 Term Life Value--Subject to the terms and conditions of the City's contract xvith the provider, the Term Life Insurance for employees will be provided in the amount of $5,000. 5.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance for employees will be provided in the amount of $5,000. 5.6.3 Payment of Premium Costs--The City shall pay the premium costs for eligible employees to the insurance provider. 5.6.4 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 5.6.5 Additional Life Insurance--Individuals unit members may purchase additional life insurance through the City's insurance carrier, to the limit authorized in the 'contract between the City and the cartier. Disability Insurance Program--All sworn employees in this unit shall be required to pay for and maintain Long-term Disability Insurance coverage, subject to the terms and conditions of the South San Francisco Police Association's contract with the California Law Enforcement Association. This contract provides for payment of up to 3Aths of the base salary of an employee who qualifies for such payment under provisions of the Plan. 5.7.1 Coverage--Coverage is effective on the first day of the month following enrollment and terminates on the day an employee separates from City employment. 5.7.2 Costs--Since all sworn employees must pay for and maintain their long-term disability insurance, the City will provide to the police association on behalf of each sworn officer the long-term disability insurance costs. In addition, the City will provide to each sworn officer every month the difference between $44.04 and amount of the long-term disability insurance costs, which will be included on the officers' W-2 tax statements. 5.7.3 Eligibility--An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and who has utilized all accrued paid leave and sick leave that the employee is eligible up to the 60-calendar day of disability, may file an application for Long- term Disability Insurance benefits in accordance with the requirements of the. South San Francisco Police Association's Long-term Disability Insurance Policy. 5.7.4 City Determination--Upon an employee qualifying for Long-term Disability Insurance benefits, the City shall determine one of the following: 5.7.4.1 Permanent and Stationa~T Status--Whether the employee's disability from performing the full scope of the usual and customary duties of the employee's classification is permanent and stationary. Page 10 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 5.8 5.7.4.2Recovery Status--Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the employee's classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. 5.7.5 Permanent and Stationary Determination--If the City determines that the employee's disability from performing the full scope of the usual and customary duties of the employee's classification is permanent and stationary, then the City may, in accordance with applicable law, retire the employee or otherwise separate the employee from the City's service or from the employee's classification. 5.7.6 Temporary Determination--If the City determines that the employee's disability in performing the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof, the City may in accordance with applicable law, grant the employee a leave of absence with or without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover or the City may not grant such leave and separate the employee from the City's service. 5.7.7 Permanent and Stationary Determination During Leave of Absence--If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then in accordance with applicable law, the City may retire the employee on a disability retirement or separate the employee from the City's service or from his/her classification at such time as the employee's condition becomes permanent and stationary. 5.7.8 Accrued Vacation Payment--Upon becoming eligible for Long-term Disability Insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 5.7.9 Insurance Premium Payment--The City will continue to pay insurance premiums on behalf of the disabled employee and eligible dependents, pursuant to the provisions for such payments otherwise provided in this Agreement until the actual date of separation from City employment of the employee. Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B" vaccination to employees who desire such vaccination and who are unable to obtain one under their medical plan. Article 6. Retirement Benefits 6.1 Deferred Compensation Program--All full-time regular employees are eligible to participate, subject to its terms and conditions, in the City of South San Francisco's Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 11 6.2 deferred compensation plans. Retirement Plan--Retirement benefits for employees shall be those established by the Public Employees' Retirement System (PERS) for Local Safety Members 2% at age 50 formula. 6.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at any time so long as the benefits under the amendment do not exceed IRS Section 415 limits. 6.2.1.1 Grandfathering Be~efits--If there is a grandfather election and if the accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the benefit cannot be enhanced until the current IRS Section 415 limit exceeds the accrued benefits. 6.2.1.2 Section 415 £lection--If the employer's contributions to a retirement plan are reduced because of lower limitations in annual retirement benefits following a Section 415(b)(10) election, the affected employees should receive the difference in higher compensation or some other benefit negotiated by the South San Francisco Police Association. 6.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply with requirements of a law governing PERS or the IRS in an insignificant manner, this ~vill not affect the legality of the remainder of these provisions or the intent or effect thereof. In that event, the City shall meet and confer in good faith with the Association to make such changes as necessary to carry out the intent of this section. 6.2.1.4 Significant Provision Conflict --In the event that this section conflicts significantly or substantially with any federal or state law, this section may be voided and severed from the contract without affecting the legality and continuity of the rest of the agreement. Additionally, the City agrees to meet and confer to replace any lost benefit with a similar or replacement benefit of equivalent value. 6.2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement with PERS necessary to effectuate the purpose of this section. 6.2.2 Optional Provision Added--Optional Public Agency Provisions under the Public Employees' Retirement System shall also be provided as follows: 6.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in the Public Employees' Retirement Law, third tier of benefits. 6.2.2.2 Single-highest Year Compensation--One-year highest compensation as set forth in the Public Employees' Retirement Law. 6.2.2.3 Military Service Credit--Military Service Credit as public service as provided by law. 6.2.2.4 3% at Age 50 Retirement Formula--The 3% at age 50 retirement formula will be provided at no cost to the employee, effective the payper4od including 1/1/03. 6.2.2.5 Sick Leave Credit Provision--Sick Leave Service Credit as set forth in the Public Employees Retirement Law. See Sick Leave Service Credit in Appendix D for side letter agreement. Page 12 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 6.3 6.2.2.6 Other Provisions--See Appendix D for side letter agreement. 6.2.3 Employee's Contribution to Retirement System--All employees shall pay the employee contribution to the Public Employees' Retirement System. The City shall provide the 414(h)(2) Exemption from the Internal Revenue Service granting a deferral from federal withholding taxes of that portion of employees' contribution to PERS. Payment of Unused Accumulated Sick Leave-- 6.3.1 Discontinued 90-day Plan- 6.3.1.1 Eligible Emlvloyees--An employee who had accumulated unused sick leave hours on record under the discontinued sick leave accumulation plan shall be eligible to receive payment under this provision. 6.3.1.2 Number of Hours Pa.vable--An employee shall receive payment for 50% of the unused sick leave hours on record, up to a maximum of 960 of such recorded hours (maximum of 480 comparable hours), for the hours accumulated through the payperiod that included 7/1/77. 6.3.1.3 Time of Payment--An employee or an employee's beneficiary shall become eligible to receive payment for unused sick leave hours either upon the death of the employee, upon the retirement of the employee, or within 3 months from the original date of including this section in the Agreement. Payment may be made at the time of an employee's death or retirement or may be deferred to the first payroll period in the calendar year immediately following death or retirement, at the option of the payee. 6.3.2 Sick Leave Accrued After October l, 1986--Upon death, separation from City employment as a result of a work-related injury, full service retirement after 20 years of service, or retirement at age 50, an employee shall be paid half of the accumulated sick leave at the time of separation, retirement, or death. Payment of unused sick leave hours shall be made at the employee's actual hourly rate. No employee shall, however, receive payment for any recorded hours in excess of 1200 and the maximum payable hours shall be 600. The accrual shall include the amount credited, if any, on 10/1/86, for the period when the 90-day sick leave plan was in effect. Article 7. Holidays 7.1 Authorized Holidays--The City observes the following holidays. 7.1.1 Full-day Holidays--The City shall observe the following full-day holidays. January 1 ................................................................... New Year's Day Third Monday in January ......................................... Martin Luther King, Jr. Day Third Monday in February ....................................... President's Day Last Monday in May ................................................. Memorial Day July 4 ......................................................................... Independence Day First Monday in September ...................................... Labor Day Second Monday in October ...................................... Columbus Day Observed Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 13 7.2 7.3 November 11 ............................................................ Veteran's Day Fourth Thursday in November ................................. Thanksgiving Day Friday following Fourth Thursday in November ..... Day After Thanksgiving December 25 ............................................................. Christmas Day 7.1.2 Half-day Holidays--In addition, the City observes the following half-day holidays. December 24 ............................................................. Christmas Eve Day December 31 ............................................................. New Year's Eve Day Holidays Not l/Vorked--Employees, who by the nature of their assignment, are unable to observe City holidays, shall be compensated for authorized holidays as 8 hours of straight time overtime for the holiday and straight time for the hours worked. Employees scheduled to work on a City holiday, but are unable to do so due to a job-related injury, shall receive payment in accordance with this provision as long as they are not receiving compensation from other sources. Employees unable to work a holiday due to illness or injury unrelated to the job shall also be compensated for the holiday pursuant to this provision, provided that the employee submits to the Chief of Police a doctor's certificate verifying the illness or injury, or files a sick leave certification following department procedures. Discretional3, Holiday--Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. An employee's discretionary holiday may be taken at the option of the employee and as approved by the Chief of Police. An employee must take the discretionary holiday each calendar year before the payperiod prior to the last payperiod of the calendar year. An employee who has not used the discretionary holiday by that payperiod shall forfeit the holiday. An employee whose work schedule prohibited the use of the discretionary holiday by the payperiod prior to the last payperiod of a calendar year may receive payment for the holiday with the approval of the Chief of Police. Article 8. Leaves 8.1 Vacation--Employees shall be entitled to accrue annual vacation without loss of pay in accordance with the following schedule: Accrual Rate Per Length of Service 1 st through 4th year, inclusive 5th through 14th year, inclusive 15* through 24th year, inclusive Biweekly Annually 4.62 hours 120 hours. 6.15 hours 160 hours. 7.69 hours 200 hours. 25~' and succeeding years 9.23 hours 240 hours. 8.1.1 Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of' service, who prior to 4/1/90, received 176 hours per year of vacation shall continue to receive this accrual rate, and employees who have between 5 and 10 years of service in a position represented by the Unit as of 4/1/90 shall receive 176 hours per year of vacation upon reaching 11 years of service. Page 14 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 8.2 8.3 8.1.2 Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of vacation during each calendar year shall be permitted to receive the cash value of up to 48 hours of unused but accrued vacation. Requests for payment of accrued vacation may be processed within 45 days of such scheduled leave. 8.1.3 Deferral of Vacation Period--In the event that the needs of the department are such that an employee is unable to schedule and take all vacation time during a calendar year, the unused and unscheduled portion of vacation may be deferred to the following calendar year, provided that the Chief of Police approves the deferral. 8.1.3.1 Requesting Vacation Deferral--An employee may request the deferral of up to 40 hours of vacation leave from one calendar year to the following calendar year. A written request shall be filed with the Chief of Police, must be approved by the Chief of Police, and must also be approved by the City Manager prior to the employee being granted permission for such deferral of vacation leave. 8.1.4 Vacation Compensation--An employee who retires or separates from City employment and who has unused accrued vacation time shall be compensated at the employee's actual hourly rate of pay for all unused accrued vacation. Bereavement Leave--An employee may be granted leave of absence without loss of salary or benefits upon the death or for the funeral of a family member as defined beloxv. 8.2.1 Definition of Family Member for Bereavement Leave--For the purpose of bereavement leave, a family member is defined as a spouse, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in- law, sister-in-law, daughter-in-laxv, and son-in-law. In addition, the Chief of Police may grant bereavement leave to an employee upon the death or for the funeral of some other person, if in the opinion of the Chief of Police, there existed an extraordinarily close familial relationship between the employee and such other person. 8.2.2 Leave Within California--Employees may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or for the funeral of a family member residing within California. 8.2.3 Leave Outside California--Employees may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or for the funeral of a family member residing outside of California. Sick Leave-- 8.3.1 Sick Leave Eligibilio,--Every permanent and probationary employee, except those employees who work less than full-time, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of. his/her classification as the result of an injury or illness, that is not industr/ally caused, shall be eligible to receive sick leave without loss of salary or benefits, within the limits set forth below. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 15 8.3.2 8.3.3 8.3.4 8.3.5 8.3.6 Amozmt of Sick Leave--Each employee will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 8.3.2.1 Discontinued Sick Leave Plan--Effective 10/1/86, for those employees working for the City as of that date, each employee will be credited with an amount of sick leave that would have been accrued during the period of the 90-day sick leave plan, including a deduction for any actual usage, beginning 7/1/77. Advancing Sick Leave--Any employee who has an accrued available sick leave of less than 96 hours can be advanced up to a maximum of 88 hours of sick leave after exhaustion of all accrued sick leave. Sick Leave Definition--Sick leave as used herein, is defined as a period of time during which the employee suffers actual illness or injury that necessitates absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. Sick Leave Request--An employee shall make a written request for paid sick leave for each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the Chief of Police. 8.3.5.1 Approval of Sick Leave Reqztest--The Chief of Police shall review all sick leave requests and, if approved, the request for paid sick leave shall be granted. The Chief of Police shall not unreasonably withhold approval of sick leave requests. 8.3.5.2 Notification--The employee must notify his/her immediate supervisor prior to, or within 2 hours of, the commencement of the daily work period for which sick leave is sought. 8.3.5.3 Verification of Injury or Illness-- 8.3.5.3.1 Usual Verification--An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal statement of injury or illness. 8.3.5.3.2Doctor's Verification--The Chief of Police may require a verification prepared and signed by a medical doctor, describing the nature and extent of the illness or injury and confirming that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of 39 hours or more. In addition, the Chief of Police may require a medical verification any time the Chief has a reasonable basis to believe that the leave. has been abused by an individual employee. Such medical verification requests shall not be unreasonably imposed. Sick Leave Management Plan--The City's Sick Leave Management Policy Administrative Instruction defines abuse of sick leave as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a Page 16 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 8.4 8.5 general City standard. Therefore, employees working 8-hour shifts, who exceed 56 hours or 7 occurrences and employees working 10-hour shifts who exceed 70 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. Medical Appointment Leave--Employees shall receive leave with pay for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment. Employees shall be required to submit a personal statement describing the nature and need of such visits. The City reserves the right to confirm or verify any appointment for which such leave is authorized. 8.4.1 Medical Appointment Leave Charged to Sick Leave--The first 8 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. Paid Family Care Leave-- 8.5.1 Employees Hired Prior to 1/01/01 Eligibility for Paid Family Care Leave--Only those full-time regular employees in a sworn classification as of 12/31/00 shall be eligible for 10 hours of Paid Family Care Leave for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined below. 8.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of Paid Family Care Leave, a family member shall include the employee's spouse, child, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In addition, the Chief of Police may grant leave to an employee for some other person (other then family member, as listed), if in the opinion of the Chief of Police, there exists or existed an extraordinary close familial relationship between the employee and such other person. 8.5.3 Sick Leave as Family Care Leave--Employees accrue sick leave each year as defined in the sick leave article of this agreement. In recognition of Labor Code 233, effective 1/1/00, employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 8.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purl~oses--A family member, as defined in Labor Code 233, shall include the employee's spouse, child, mother, and father. 8.5.3.2 Leave Amount--The combined total of hours taken for family care purposes pursuant to Labor Code section 233, including any leave used from the Paid Family Care Leave provision, if eligible, shall not exceed one-half of the employee's annual allotment of sick leave. 8.5.4 Concurrent Use of Leave--This leave may run concurrently with any family care leave permitted under federal or state law. 8.5.5 Notification Procedures--Leave usage forms and notification procedures will continue to be used, provided the City reserv'es the right to take such action it deems necessary to confirm or verify use of this leave. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 17 8.6 Light-duty Program--The purpose of this light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments wilt be structured so employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or ilh~ess. Light-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for light-duty work. If applicable, this program shall be coordinated with appropriate workers' compensation benefits so that benefits are provided at the level not less than those mandated by state law. 8.6.1 Coverage--This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 8.6.1.1 Determination/Required Reports-- 8.6.1.1.1 Assignments--Light-duty assignments may be made following evaluation and determination by the Chief of Police. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty work on departmental operations. The evaluation and determination of light-duty assignments will be based on the employee's medical restrictions and upon agreement of the Chief of Police, the employee, and the affected supervisor. 8.6.1.1.2Medical Updates--After the initial report, updated medical reports shall be submitted to the Chief of Police at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. Reports will be evaluated by the Chief of Police for purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 8.6.1.2 Light-duty Assignment, Definitions, and Restrictions--Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the light-duty assi=mn-nent be considered to be a permanent alternative position for. purposes of reasonable accommodation under the American with Disabilities Act. Light-duty assignments: · May consist of reduced work hours, limited work, or any combination thereof. · Will not adversely affect the employee's actual hourly rate of pay. Page 18 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 8.7 · Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned ~vork outside of the department, consistent with the employee's skill and ability. · When feasible, light-duty work will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light-duty work during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, or to an alternate shift. · Will be developed based on available specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to ag~avate an injury or illness. · Will not be placed in light-duty assignments that, in the normal course of events, will require that the employee provide direct field emergency response. 8.6.1.3 Holidays/Vacations During Light-duty Assignments-- 8.6.1.3.1 Holidays Observed--Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this a~eement. 8.6.1.3.2 Vacations--Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the Chief of Police, provided the rescheduling does not result in increased costs or lost time to the City for relief staffto cover the rescheduled vacation. 8.6.2 Return to Full Duty--Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. Pregnancy-related Disability Leave--Employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or the placement of a child with an employee in connection with adoption. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 19 Article 9. Recreational Facilities and Classes 9.1 Admission to Classes--All full-time regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). 9.2 Use of Facilities--Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks, Recreation, and Maintenance Services Department. Article 10. Layoff 10.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy, because of lack of need for the position, or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and layoff, reassign, demote, or transfer an employee holding such position or employment without filing written charges. The appointing authority may likewise layoff an employee in the competitive service because of material change in duties or organization, or because of shortage of work funds. 10.2 Seniority--Seniority, for the purpose of layoff, is defined as length of continuous full- time employment within the service of the City, and does not include service in a provisional and temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except as authorized by state or federal law. 10.3 Order of Layoff--When one or more employees working in the same class in a City department are to be laid off (provisional and temporaries therein, having already been terminated), the order of layoff in the affected department shall be probationary employees in reverse order of seniority, then permanent employees in reverse order of seniority. Should 2 or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever 2 or more employees have identical classification seniority, the order of layoff shall be determined by an established departmental seniority policy (badge numbers) or in the absence or dispute thereof, random selections. 10.4 Notice of Layoff--Employees shall be sent written notice, including reasons therefore, by Certified Registered Mail, Return Receipt Requested or be personally served a minimum of 20-working days prior to the effective date of layoff. An employee receiving said notice may respond in writing to the City Manager. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet xvith the City to discuss the circumstances requiring the layoff and any proposed alternatives, that do not include the consideration of the merits, necessity, or organization of any service or activity. The provisions below, must be requested by the employee in writing 15-working days prior to the effective date of layoff. Page 20 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 10.5 Layoff Re-employment~Reinstatement List-- 10.5.1 Classification Reinstatement List--Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. 10.5.2 Like Classification Reinstatement Opportunities--Employees who are laid off shall have their names placed on a reemployment list of classifications that, in the opinion of the Director of Human Resources, require basically the same qualifications, duties, and responsibilities as those of the classification fi'om which the layoff occurred, in order of seniority. Vacant positions in such classifications shall be offered to the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. 10.5.3 Duration of Re-employment~Reinstatement Lists--No name shall be carried on a reinstatement or reemployment list for a period of longer than 2 years. Refusal to accept the first offer of reinstatement or reemployment within the same classification shall cause the name to be dropped from the list. Individuals not responding to written notification forwarded to their last given address by certified mail, return receipt requested, of an opening within 10-working days from mailing shall have their names removed from either the reinstatement or reemployment list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.):, shall have their names removed from either the reinstatement or reemployment list. Probationary Returns--Probationary employees appointed from a reinstatement or reemployment list must serve the remainder of their probationary period in order to attain permanent status. 10.5.4 Article 1 1. Disciplinary Actions 11.1 Action by City--The City shall take disciplinary action against a permanent employee for misconduct including, but not limited to: chronic absenteeism; incompetence; insubordination; failure to follow work rules; misstatement of fact on an application or other personnel document; falsification of leave. Disciplinary actions may take the form of suspension, pay reduction, demotion, or discharge. 11.2 Chief of Police Action--All disciplinary action taken against an employee must receive the prior approval of the appointing authority except under emergency circumstances that dictate immediate suspension of the employee by the Chief of Police. In such cases, Chief of Police shall immediately report the action taken to the appointing authority who shall review the case and make a determination concerning the appropriateness of the suspension and the further disciplinary action. 11.3 Ci0; Manager Approval--All actions resulting in salary reductions shall be subject to review by the appointing authority and the Chief of Police within 30 days following the effective date of the initial action and at regular intervals thereafter. Actions resulting in Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 21 11.4 11.5 11.6 demotions may be reviewed at the sole discretion of the appointing authority. Notice of Disciplinary Action--The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate that the City take immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within 2 working days from the date of the action. In all cases, written notice of disciplinary action shall be served on the employee personally or by certified registered mail, with a copy of the notice placed in the employee's personnel file. 11.4.1 Written Notice--The written notice shall contain the type of disciplinary action, the effective date of the action, the reason or cause for the action, that the employee may inspect copies of all materials upon which the action is based, and that the employee has the fight to respond, either orally or in writing, to the authority initially imposing the discipline. Notice Timelines--Except for instances where disciplinary action must be imposed immediately, the notice shall be provided to the employee no later than 1 O-working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not be final until the aforementioned notice has been furnished to employee and the employee has been provided up to 1 O-working days from receipt of the notice an opportunity to respond to the authority initially imposing the discipline. Appeal Rights--Once the proposed disciplinary action has been imposed, the affected employee shall have the fight to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in Rule 14 of the Personnel Rules and Regulations. Article 12. Grievance Procedure 12.1 Definition ofa Grievance--A grievance is an allegation by an employee or a =o-roup of employees that the City has failed to provide a condition of employment that is established by this Agreement, provided that the enjoyment or the condition of employment is not made subject to the discretion of the Chief of Police or the City. This grievance procedure shall not apply to discipline or other matters over which the Personnel Board has jurisdiction pursuant to Title 3 of the Municipal Code. This grievance procedure shall be the exclusive means of resolving grievances of employees covered by this Agreement. 12.2 Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment established by this Agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. 12.3 Informal Discussion with Employee's Supervisor--Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with the immediate supervisor in an attempt to work out a satisfactory solution. If the employee and immediate supervisor cannot xvork out a satisfactory solution, the employee may then ')1 Page 22 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 12.4 12.5 12.6 12.7 12.8 12.9 choose to represent him/herself individually, or may request the assistance of an employee representative, who has been officially authorized by the Union to write and formally present the grievance. Formal Written Grievance to Captain--If the employee chooses to formally pursue the grievance, s/he shall present the written grievance to the supervising Captain within 15- calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the Article, Section, and/or Subsection of this Memorandum or Understanding alleged to have been violated by the City and shall specify date, times, persons, remedy requested, and other facts necessary to a clear understanding of the matter being grieved. The Captain shall respond in ~vriting to the grievance within 15-calendar days after receipt of the written grievance. If the grievance is not resolved at this level, the employee shall have 15- calendar days from receipt of the Captain's answer to file an appeal to the Chief of Police. Grievance to the Chief of Police--The Chief of Police or designee shall have 15-calendar days after receipt of the grievance to review and answer the grievance in writing. A meeting between the Chief of Police or designee and the grievant and the ghevant's representative may be scheduled in order to facilitate resolution. Informal Review by the City Manager--In the event that the grievance is not resolved by the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief's decision, request in writing to the City Manager, that the grievance be heard by the City Manager. Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the =m-ievance for hearing by an arbitrator, the City Manager or designee may informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manger or designee shall have 15-calendar days to review and seek adjustment of the grievance. Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement bet~veen the City Manager or designee and the grievant or the grievant's representative. If the City Manager or designee and the grievant or the grievant's representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in public sector arbitration. The parties shall then alternatively strike names from the list until only one name remains, and the person shall serve as arbitrator. Lot shall determine the first strike from the list. Duty of Arbitrator- 12.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and thereafter to make written findings of fact and disposition of the grievance, which shall be final and binding upon the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Agreement applicable to the grievance, and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or provisions of the agreement. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 23 12.10 12.11 12.12 12.9.2 Arbitrator Responsibility--The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Agreement or, in any respect, to revise, modify or alter, any provision contained in the Memorandum of Understanding. Payment of Costs--Each party to a hearing before an arbitrator shall bear his/her own expenses in connection therewith. Either party shall have the right to a reporter's transcript of the hearing provided that this cost is born by the requesting party. If the other party elects to utilize a copy of the transcript, the entire costs shall be divided equally. All fees and expenses of the arbitrator shall be borne half by the City and half by the grievant. Effect of Failure of Timely Action--Failure of the employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. Non-union Representation--In the event that an employee chooses to represent him/herself, or arranges for representation independent of the Union, the Chief and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this Agreement. In the event an employee shall elect to go to hearing independently, the Union shall have the right to be a full and equal party to such proceedings for the purpose of protecting the interests of its members under the terms of the Agreement. Article 13. Employees Covered The provisions of this agreement apply to all employees represented by Unit C in the City of South San Francisco Police Association. A Unit member must be employed by the City in a position covered by this Agreement at the time settlement is reached, or when a successor Memorandum of Understanding is reached, and that Agreement is ratified, in order to be eligible for any limited retroactivity in salary or benefit increases that the successor Memorandum of Understanding may provide. Article 14. Modification This Memorandum of Understanding shall supersede all existing and prior Memoranda of Understanding between the City and Unit and conflicting personnel rules, regulations, resolutions and ordinances. This Agreement does not modify any provisions of the Personnel Rules and Regulations of the City, except as expressly provided herein. Article 15. Disputes Any dispute over an interpretation of this Agreement shall be processed in accordance with the procedures set forth in the Grievance Procedure in this Agreement. Page 24 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Memorandum of Understanding between the South San Francisco Police Association and the City of South San Francisco Section 2- Provisions for Civilian Support Staff Article 16. Recognition Civilian Police Unit C consists of all employees in classifications listed in Appendix A, as well as all employees in classifications as may be added to this Unit by the terms of this Ageement. Article 1 7. Wages and Compensation 17.1 Wage Rates-- 17.1.1 Salary Adjustments--Salaries will be adjusted effective the payperiod including January 1st of each year as identified in Appendix B of this agreement. 17.1.2 Salary Survey--A total compensation and salary survey will be conducted for the all civilian classification between the dates of 2/1 and 2/15/04 utilizing the same survey agencies and methodology as used in the 2000 survey. Increases to the base rate of pay for all bargaining unit members will be at the 60~ percentile and will be effective for the entire payperiod including 1/1/04. Any adjustments will be based on the survey average for compensation and total compensation, with the same differential maintained between the classifications as it was in the 2000 salary schedule. 17.2 Time-In-Step--Each employee shall complete the amount of time prescribed for each step of the plan applicable to the classification prior to advancing to the next step. Employees shall be required to complete the specified training or time criteria in paid continuous regular service at each step of the salary schedule prior to advancing to the next salary step. 17.2.1 Time in Step--Such training or time for each step shall be as noted. 17.2.1.1 Step 2--Move to the next step one year from date of hire. 17.2.1.2 Step 3--After one additional year. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 25 17.3 17.4 17.5 17.2.1.3 Step 4--After one additional year. 17.2.1.4 Step 5--After one additional year. Special Compensation-- 17.3.1 Acting Supervisor Compensation--An employee in a classification below the level of a first-line supervisor who is assigned to perform the duties of a first-line supervisor or above shall receive added compensation for all time served in the acting capacity at the rate of pay for which the employee would qualify, were the employee to be promoted to the acting classification. 17.3.2 Temporary Assignment to Higher-level Classification--An employee in a first- line supervisory or higher classification who is assigned to perform the duties of a higher classification for a period of 30-calendar days or more shall receive added compensation for all time so served at the rate of pay for which the employee would qualify, were the employee promoted to the higher classification. An employee in a first-line supervisory classification or higher classification who is assigned to perform the duties of a higher classification for a period of time of less than 30-calendar days shall not receive any additional compensation for any of the time spent in the performance of such duties. Promotions--An employee who is promoted from one classification to a higher classification, shall have his/her rate of pay set at the first step of the new classification or at the rate for the step 5% higher than the rate earned by the employee prior to the promotion, whichever is higher. Prior to advancing to the next step of the schedule, the promoted employee will be required to complete the specified time in each step of the new classification, commencing with the date of promotion. Bilingual Pay-- 17.5.1 Former Bilingual Program--Those employees who receive bilingual compensation as of 12/31/00 will continue to do so. An employee who has demonstrated to the Chief of Police's satisfaction proficiency in speaking a second language, shall be compensated. Such compensation shall commence when the employee has passed a qualifying examination demonstrating proficiency in the language. 17.5.2 Bilingual Program--The following bilingual program will be in effect as of 1/1/01. 17.5.2.1 Eligible Classifications--All civilian classifications within this unit are eligible to participate in the bilingual program. 17.5.2.2 Testing--Compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. To be eligible to participate in this program, employees must speak a second language. used by a segment of South San Francisco population. Once an employee qualifies as speaking a second language the employee xvill receive bilingual pay, even if the population changes and a significant segment no longer speaks the language. 17.5.2.3 Compensation--An employee who has tested, using the City's standard bilingual testing procedures, and demonstrated satisfactory proficiency ?q Page 26 Memorandum of Understanding BeV, veen the South San Francisco Police Association and the City of South San Francisco in speaking a second language, shall be compensated at a rate 2.5% higher than the employee's actual base hourly rate of pay. 17.5.2.3.1 Adjustment in Compensation--Bilingual compensation will be increased to 5% higher than the employee's actual base hourly rate of pay, effective 7/1/03. 17.5.2.4 Translating--Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location. 17.5.2.5 Language Determination--Languages that are spoken in South San Francisco that are subject to the bilingual incentive pay for purposes of this section will be determined by reviewing the demographic data from the local school district and/or the number of interactions that employees have with people speaking other languages than identified below. The Chief of Police will determine the significant interactions with people speaking other languages. The Chief of Police and the Union will then meet once a year to determine the languages that qualify under this section; American Sign Language is considered a second language. ' 17.5.2.6 Languages in Effect--The following languages shall be in effect as of 1/1/01, which shall qualify an employee to receive compensation under this section. · Spanish. · Tagalog. · American Sign Language. 17.6 Longevity Pay--Pay for employees who have served the City will be ganted. 17.6.1 After 15 Years--After the 15~h year of service as a full-time regular employee, 1.5% of compensation will be added to the eligible employee's actual hourly rate of pay. 17.6.2 After 20 Years--After the 2ffh year of service as a full-time regular employee, in addition to above, another 1% of compensation will be added to the eligible employee's actual hourly rate of pay. 17.7Education Incentive--An employee who has successfully completed the probationary period and who has one of the following shall receive additional compensation. 17.7.1 Associate's Degree--An associate's degree from an accredited institution of learning or who has completed 60 accredited units in education, which are work- related shall be compensated at a rate that is 2.5% higher than the employee's actual base hourly rate of pay. 17.7.2 Bachelor's Degree--A bachelor's degree from an accredited institution of learning, shall be compensated at a rate that is 5% higher than the employee's actual base hourly rate of pay. 17.7.3 Eligibility and Written Notification--It is the employee's responsibility to submit written notification to the department's Training Manager, upon the date of eligibility, requesting the education incentive. The employee will not be entitled Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 27 to retroactive pay if the written notice has not been submitted, and received as in compliance, until after the date of eligibility. Article 1 8. Allowances and Reimbursements 18.1 Uniform Allowance--Each employee shall be eligible for payment by the City to a vendor approved by the City, or reimbursement for the purchase price of approved uniform items. 18.2 Allowance Conditions--Uniform allowance is subject to the following conditions. 18.2.1 Distribution of Reimbursement/Allowance--Uniform allowance distribution will be made in 2 equal increments per fiscal year. The distributions will occur on the first payperiods in November and May. With the allowance received, employees shall be responsible for procuring and maintaining their uniforms and equipment as listed in the current department's General Order and Procedures Manual. 18.2.1.1 Reimbursement Procedures--Reimbursement will be through the payroll process, effective 1/01/01. 18.2.2 Cleaning and Maintenance of Uniforms--A portion of the annual uniform allowance provided to all employees may be applied to expenses incurred for the maintenance/cleaning of said uniforms. Payment for cleaning expenses will be provided up to a maximum of 50% of the total uniform allowance given to each employee per fiscal year. Requests for payment towards cleaning expenses must be submitted in writing t~vice a year only during the months of November and May. 18.2.3 New Employees--Uniform allowance will commence the second year of employment with the department. After the first year of employment is completed, the employee will receive the uniform allowance at the next payment period in November or May. If the year anniversary is after the last payment month, then there will be no reimbursement for that fiscal year. If the anniversary falls after the first payment, employees shall receive half of that fiscal year's allowance. 18.3 Allowance Amounts--Each employee entitled to uniform allowance can receive an amount per year for the purchase of approved uniform items. The amount of the allowance provided in each year of the agreement shall be as follows. 18.3.1 PST, PEO, and P?/ES Classifications--For Parking Enforcement Officer, Police Property and Evidence Specialist, and Police Service Technician the uniform allowance will be increased by: 18.3.1.1 The amount is $615 per fiscal year, effective 7/1/01. 18.3.1.2 The amount is $625 per fiscal year, effective 7/1/02. 18.3.1.3 The amount is $635 per fiscal year, effective 7/1/03. 18.3.1.4 The amount is $645 per fiscal year, effective 7/1/04. 18.3.2 PSR and SPRS Classifications--For Police Records Specialist and Senior Police Records Specialist the uniform allowance will be increased by: 18.3.2.1 The amount is $515 per fiscal year, effective 7/1/01. Page 28 Memorandum of Understanding Betxveen the South San Francisco Police Association and the City of South San Francisco 18.4 18.3.2.2 The amount is $525 per fiscal year, effective 7/1102. 18.3.2.3 The amount is $535 per fiscal year, effective 7/1/03. 18.3.2.4. The amount is $545 per fiscal year, effective 7/1/04. Vests--Vests will be provided to all new employees at no cost to the employee. A replacement program has been established for all employees who have vests and includes how and when vests will be replaced, the types of vests to be replaced, and the mandatory wearing of vests. 18.4.1 Wearing Vests--Each employee shall be required to have the approved vest on his/her person or in ready bag during each duty shift. Article 19. Overtime Compensation 19.1 Overtime Defined--Overtime is work ordered and authorized that is in excess of an employee's nonr~al work hours and work schedule. 19.2 Overtime Records--Records of overtime worked shall be maintained in accordance with procedures established by the Chief of Police. 19.3 Minimum Overtime--No form of overtime payment shall be made where overtime worked prior to the beginning of an employee's normal work period or following completion of an employee's normal work period is less than 12-minutes' duration. 19.4 Overtime Compensation Rate--Each employee shall be compensated for overtime hours worked, or fractions thereof, at the rate of 1.5 times the employee's actual hourly rate of pay. 19.5 Training Time--An employee who works in excess of normal work hours and work schedule as the result of attending training sessions required by the Chief of Police shall be compensated at the rate of 1.5 times the actual hourly rate for time spent in such training sessions. 19.6 Usual Overtime--An employee who works in excess of normal work hours or work schedule as the result of a non-training assignment shall be compensated at the overtime rate for time so worked. 19.7 Court Appearance Time--An employee who is required to appear in court in an official employment capacity at a time that is not during the employee's regularly scheduled work hours shall be compensated at the overtime rate for time spent in such court appearances. 19.7.1 Court Appearance on Scheduled Work Days--An employee who is required to appear in court in an official employment capacity at a time that is not during the employee's regularly scheduled work hours but is on a day that the employee is scheduled or has volunteered to work, shall receive a minimum of 3 hours of overtime pay for such a court appearance. 19.7.2 Court Appearance on Non-Scheduled Work Days--An employee who is required to appear in court in an official employment capacity at a time that is not during the employee's regularly scheduled work hours nor is it on a day that the employee is scheduled or has volunteered to work, shall receive a minimum of 4 hours overtime pay for such a court appearance. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page29 19.8 19.9 Call-back~in Com]2e~sation--Employees who in the course of their official employment are called back to work, other than during their regular tour of duty or shift, shall receive overtime pay at the rate of 1.5 times the actual hourly rate of pay. 19.8.1 Workday Call-back~in--An employee shall receive a minimum of 3 hours overtime pay for call backs that occur on schedule work dates (including voluntary overtime shift assignments). 19.8.2 Non-workday Call-back~in--An employee shall receive a minimum of 4 hours overtime pay for such call backs that occur on non-scheduled work dates. Compensatory Time--With the supervisor's approval, employees may accumulate compensatory time instead of overtime pay in accordance with departmental policies. 19.9.1 Maximum Coml2ensator3, Time--All compensatory time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 70 hours. 19.9.2 Compensatoo' Time Cash-out--Employees shall be permitted to receive the cash value of up to 15 hours of compensatory time per calendar year. Article 20. Benefits 20.1 Health Insurance Benefits--Full-time regular employees shall be eligible to receive insurance benefits currently provided by the City through the contracts with insurance carriers or self-insurance programs. 20.2 Medical Insurance--Employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following current HMO plans the City has ~vith the carriers, subject to the terms and conditions of the City's contract with the providers. 20.2.1 Federal- or State-mandated Medical Insurance Participation--Should either state or federal statutes mandate that the parties to this MOU participate in a national or state health plan, health care benefits currently provided to employees covered by this MOU will not be diminished nor will the employee's cost for maintenance of these benefits be increased beyond any provided in this MOU. 20.2.2 Medical Insurance Plans--Subject to the terms and conditions of the City's contracts with medical insurance carriers, eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents fi.om one of the following plans: · Kaiser Permanente Foundation Health "S" Plan. · Aetna US Healthcare or other plan to be determined. 20.2.3 Payment of Premiums Costs--The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 20.2.3.1 Maximum Rate--The maximum City contribution to the employee's medical premium will be a rate equivalent to the HMO plan that is the highest composite rate in effect during the term of this a~eement with Page 30 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 20.3 20.2.4 20.2.5 20.2.6 Dental 20.3.1 20.3.2 20.3.3 20.3.4 20.3.5 20.3.6 employees enrolled in more expensive plans paying the difference between the highest composite HMO rate and the other premium rates. Effective Date of Coverage--The effective date of health insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. Dependent coverage shall terminate on the date prescribed by each health insurance carrier's contract for discontinuance of dependents no longer eligible for coverage. Medical Plan for Employees Who Retire--Subject to the terms and conditions of the City's contracts with medical insurance carriers, an employee who retires on a service, an industrial disability, or non-industrial disability retirement from the City's service shall be provided the opportunity to continue medical insurance coverage with one of the City's plans subsequent to the date of retirement. The City shall continue to pay the premium costs for the employee only and the retiring employee shall bear the premium costs for any eligible dependents. Spouse-paid Benefit--The City will allow the spouse of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City's premium rate provided all of the following: the employee must have been enrolled in the medical plan prior to retirement or death; there is'no cost to the City; the medical provider does not require a City contribution; and the City is held harmless if the coverage is discontinued. ]nsurance-- Available Plan--Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract ~vith the provider. Changes in Plan--The annual benefit shall increase to $1,500, effective 1/1/01. Orthodontia--The lifetime orthodontia coverage is $1,000 for eligible participants. Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. Effective Date of Coverage--Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. Dental Insurance for Employees Who Retire--An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue dental insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee must be enrolled in the dental plan Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 31 20.4 20.5 prior to retirement. The employee will be completely responsible for these payments and for continuing the insurance coverage. Vision Insurance--Subject to the terms of the City's vision insurance plan, employees and their dependents shall be provided vision insurance. 20.4.1 Available Plan--Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City's contract with the provider. The plan provided by the City for members of the Unit shall afford smoked-color eyeglass lenses rather than rose-tinted eyeglass lenses. 20.4.2 Payment of Premium Costs--The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 20.4.3 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 20.4.4 Vision Insurance for Employees Who Retire--An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue vision insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee must be enrolled in the vision plan prior to retiring. The employee will be completely responsible for these payments and for continuing the insurance coverage. Discretiona? Benefit Option--An employee may elect, once each year, to receive deferred compensation monies and to have the City pay 80% of the cost in lieu of medical, dental, and vision benefits into the employee's deferred compensation account. 20.5.1 Proof of Alternate Insurance--The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 20.5.2 Method of Computations--The City shall utilize a weighted average for determining the cost of such benefit. The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. Eighty percent of this total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 20.5.3 Exercising the Option--Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. Page 32 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 20.6 20.7 Life Insurance and Accidental Death and Dismemberment Insurance-- 20.6.1 Term Life Value--Subject to the terms and conditions of the City's contract with the provider, the Term Life Insurance for employees will be provided in the amount of $5,000. 20.6.2 AD&D Value--Subject to the terms and conditions of the City's contract with the provider, Accidental Death and Dismemberment Insurance for employees will be provided in an amount of $5,000. 20.6.3 Payment of Premium Costs--The City shall pay the premium costs for employees to the insurance provider. 20.6.4 Effective Date of Coverage--Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 20.6.5 Additional Life Insurance--Individuals unit members may purchase additional life insurance through the City's insurance carrier, to the limit authorized in the contract between the City and the carrier. Disability Insurance--Subject to the terms and conditions of the City's contract with the provider, only full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider ~vill pay benefits according to the terms of the goup policy after receipt of satisfactory proof of loss. 20.7.1 Short-term Disabilio'--After a 20-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, m~til LTD benefits begins. 20.7.2 Long-term DisabiliO,--After a 90-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. Payment of Premium Costs--The City shall pay the premium costs for eligible employees to the insurance providers. Effective Date of Coverage--Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. Eligibility--An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and who has utilized all accrued paid leave and sick leave for which the employee is eligible up to the 20-calendar day of disability, may file an application for Short- or Long-term Disability Insurance benefits in accordance with the requirements of the City's Short- or Long-term Disability Insurance policy. City Determination--Upon an employee qualifying for Long-term Disability Insurance benefits, the City shall determine one of the following. 20.7.6.1 Permanent and StationaO, Status--Whether the employee's disability from performing the full scope of the usual and customa~ duties of his/her classification is permanent and stationary. 20.7.3 20.7.4 20.7.5 20.7.6 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 20.8 20.7.7 20.7.8 20.7.9 20.7.6.2Recove® Statzts--Whether the medical prognosis for the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of his/her classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. Permanent and Statio~Ta~7' Determination--If the City determines that the employee's is disabled from performing the full scope of the usual and customary duties of the classification is permanent and stationary, then the City may, in accordance with applicable law, retire the employee or otherwise separate the employee from the City's service or from the employee's classification. Temporary Determinations--If the City determines that the employee's disability in performing the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof, the City may in accordance with applicable law, grant the employee a leave of absence with or without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover or the City may not grant such leave and separate the employee from the City's service. Permanent and Stationao' Determination During Leave of Absence--If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, then in accordance with applicable law, the City may retire the employee on a disability retirement or otherwise separate the employee from the City's service or position in his/her classification at such time as the employee's condition becomes permanent and stationary. 20.7.10 Accrued ?acation Payment--Upon becoming eligible for Long-term Disability Insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 20.7.11 Insurance Premium Payment--The City will continue to pay insurance premiums on behalf of the disabled employee and eligible dependents, pursuant to the provisions for such payments, otherwise provided in this Memorandum until the actual date of separation from City employment of the employee. Hepatitis "B" Vaccination--The City will provide at City expense, a hepatitis "B" vaccination to all unit members who desire such vaccination and who are unable to obtain one under their medical plan. Page 34 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Article 21. Retirement Benefits 21.1 Deferred Compensation Program--All full-time employees are eligible to participate, subject to its terms and conditions, in the City of South San Francisco's deferred compensation plans. 21.2 Retirement Plan--Retirement benefits for employees shall be those established by the Public Employees' retirement System (PERS) for the Miscellaneous 2% at age 55 Plan. 21.2.1 IRS Section 415 Limits--In general, retirement enhancements may be adopted at any time so long as the benefits under the amendment do not exceed IRS Section 415 limits. 21.2.1.1 Grandfi~thering Benefits--If there is a grandfather election and if the accrued benefit as of 10/14/87 exceeds the Section 415 limitations, the benefit cannot be enhanced until the current IRS Section 415 limit exceeds the accrued benefits. 21.2.1.2 Section 415 Election--If the employer's contributions to a retirement plan are reduced because of lower limitations in annual retirement benefits following a Section 415(b)(10) election, the affected employees should receive the difference in higher compensation or some other benefit negotiated by the South San Francisco Police Association. 21.2.1.3 Insignificant Provision Conflict--If the above provisions do not comply with requirements of a law governing the PERS or the IRS in an insignificant manner, this will not affect the legality of the remainder of these provisions or the intent or effect thereof. In that event, the City shall meet and confer in good faith with the Association to make such changes as necessary to carry out the intent of this section. 21.2.1.4 Significant Provision Conflict--In the event that this section conflicts significantly or substantially with any federal or state law, this section may be voided and severed from the contract without affecting the legality and continuity of the rest of the contract. Additionally, the City agrees to meet and confer to replace any lost benefit with a similar or replacement benefit of equivalent value. 21.2.1.5 PERS Agreement--The City agrees to enter into any lawful agreement with PERS necessary to effectuate the purpose of this section. 21.2.2 Optional Provision Added--Optional Public Agency Provisions under the Public Employees' Retirement System shall also be provided as follows: 21.2.2.1 Survivor Allowance--The 1959 Survivor Allowance as set forth in Article 6 of Chapter 9 of the Public Employees' Retirement Law (commencing with Section 21380 of the Government Code) third tier of benefits. 21.2.2.2 Single-highest Year Compensation--One-year highest compensation as set forth in the Public Employees Retirement Law. See Appendix D for side letter agreement. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 35 21.3 21.2.2.3 Sick Leave O-edit ProvisioJ~--Sick Leave Service Credit as set forth in the Public Employees Retirement Law. See Sick Leave Service Credit in Appendix D for side letter agreement. 21.2.3 Employee's Contribzttion to Retirement System--All employees shall pay the employee contribution to the Public Employees' Retirement System in accordance with the rules and regulation governing such contributions. The City shall provide the 414(h)(2) Exemption from the Internal Revenue Service granting a deferral from federal withholding taxes of that portion of employees' contribution to PERS. Employee's Contribution to Retirement System Payment of Unused Accumulated Sick Leave-- 21.3.1 Discontinued 90-day Plan- 21.3.1.1 Eligible Employees--An employee who had accumulated unused sick leave hours on record under the discontinued sick leave accumulation plan shall be eligible to receive payment under this provision. 21.3.1.2 Number of Hours Payable--An eligible employee shall receive payment for 50% of the unused sick leave hours on record, up to a maximum of 960 of such recorded hours (maximum of 480 comparable hours), for the hours accumulated through the payperiod that included 7/1/77. 21.3.1.3 Time of Pay,;ment--An employee or an employee's beneficiary shall become eligible to receive payment for unused sick leave hours either upon the death of the employee, upon the retirement of the employee, or within 3 months from the original date of including this section in the Agreement. Payment may be made at the time of an employee's death or retirement or may be deferred to the first payroll period in the calendar year immediately following death or retirement, at the option of the payee. 21.3.2 Sick Leave Accrued After October 1, 1986--Upon death, separation from City employment as a result of a work-related injury, full service retirement after 20 years of service, or retirement at age 50, an employee shall be paid half of the accumulated sick leave at the time of separation, retirement, or death. Payment of unused sick leave hours shall be made at the employee's actual hourly rate. No employee shall, however, receive payment for any recorded hours in excess of 1200 and the maximum payable hours shall be 600. The accrual shall include the amount credited, if any, on 10/1/86, for the period when the 90-day sick leave plan was in effect. Page 36 Memorandum of Understanding Bet~veen the South San Francisco Police Association and the City of South San Francisco 22.2 22.3 22.4 22.5 22.6 Article 22. Holidays 22.1 Authorized Holiclays--The City observes the following holidays: 22.1.1 Full-day Holida. vs--The City shall observe the following full-day holidays. January 1 ................................................................... New Year's Day Third Monday in January ......................................... Martin Luther King, Jr. Day Third Monday in February ....................................... President's Day Last Monday in May ................................................. Memorial Day July 4 ......................................................................... Independence Day First Monday in September ...................................... Labor Day Second Monday in October ...................................... Columbus Day Observed November 11 ............................................................ Veteran's Day Fourth Thursday in November ................................. Thanksgiving Day Friday follo~ving Fourth Thursday in November ..... Day After Thanksgiving December 25 ............................................................. Christmas Day 22.1.2 Half-day Holida. vs--In addition, the City observes the following half-day holidays. December 24 ............................................................. Christmas Eve Day December 31 ............................................................. New Year's Eve Day Day of Holiclay Obse~'vation--Holidays that fall on a Sunday shall be observed on the following Monday. Holidays falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous to the day Clxristmas Day and New Year's Day are observed. Day of National Mourning or Celebration--In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and provided that the Council directs the closure of City offices for public service. Any such holiday shall be granted only to those employees who are regularly scheduled to work on the day that the Council proclaims such a holiday. Holiday Eligibility--Employees must be on paid status the entire day before and the entire day after a holiday to be eligible to receive holiday compensation with the holiday time considered as hours worked. Employees Working on a Holiday--An employee who is assigned and does work on a day observed as a City holiday, in addition to the compensation provided above, shall receive additional overtime compensation at the employee's actual hourly rate of pay for the first 8 hours worked on an observed full-day holiday and for the first 4 hours worked on an observed half-day holiday. Holiday Compensation for Employees on Injury, Illness, or Paid Fa~nily Care Leave--An employee who is scheduled to work on the day immediately prior to a holiday, on the actual day of a holiday, or the day immediately following a holiday who does not report for duty as scheduled due to personal injury or illness or Paid Family Care Leave shall submit such verification or certification of illness or injury as is satisfactory to the Chief of Police prior to receiving compensation for the holiday. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 37 22.7 Discretional? Holiday--Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. An employee's discretionary holiday may be taken at the option of the employee and ag approved by the Chief of Police. An employee must take the discretionary holiday each calendar year before the payperiod prior to the last payperiod of the calendar year. An employee ~vho has not used the discretionary holiday by that payperiod shall forfeit the receipt of compensated time or pay for such holiday for that calendar year. An employee whose work schedule prohibited the use of the discretionary holiday by the payperiod prior to the last payperiod of a calendar year may receive payment for the holiday with the approval of the Chief of Police. Article 23. Leaves 23.1 Vacation-- 23.1.1 Vacation Accrual--Full-time regular employees shall be eligible to earn and be granted vacation leave and shall accrue vacation hours in accordance with the 23.1.2 23.1.3 23.1.4 23.1.5 following. .4ccrual Rate Per Length of Service 1 ~t through 4th year, inclusive 5th through 14th year, inclusive 15th through 24~h year, inclusive 25~h and succeeding years Biweekly A~mually 4.62 hours 120 hours. 6.15 hours 160 hours. 7.69 hours 200 hours. 9.23 hours 240 hours. Vacation Leave Accrual Exceptions--Employees with 11 through 14 years of service, who prior to 4/1/90, received 176 hours per year of vacation shall continue to receive this accrual rate, and employees who have between 5 and 10 years of service in a position represented by the Unit as of 4/1/90 shall receive 176 hours per year of vacation upon reaching the 11~h year of service. Vacation Payoff--Employees who have scheduled a minimum of 2 workweeks of vacation during each calendar year shall be permitted to receive the cash value of up to 64 hours of unused but accrued vacation. Requests for payment of accrued vacation may be processed within 45 days of the scheduled leave. Vacation Scheduling--The Chief of Police shall schedule vacation periods during which employees shall take their vacation time. Vacation scheduling shall take into consideration the employees' wishes and the needs of the department. Deferral of Vacation Period--In the event that the needs of the department are such that an employee is unable to schedule and take all vacation time during a calendar year, the unused and unscheduled portion of vacation may be deferred to the follo~ving calendar year, provided that the Chief of Police approves the' deferral. 23.1.5.1 Requesting Vacation Deferral--An employee may request the deferral of up to 40 hours of vacation leave from one calendar year to the following calendar year. A written request shall be filed with the Chief of Police, must be approved by the Chief of Police, and must also be Page 38 Memorandum of Understanding Betxveen the South San Francisco Police Association and the City of South San Francisco 23.2 23.3 approved by the City Manager prior to the employee being granted permission for such deferral of vacation leave. 23.1.6 Vacation Compensation--An employee who retires or separates from City employment and who has accrued unused vacation time shall be compensated at the actual hourly rate of pay for all accrued vacation. Bereavement Leave--An employee may be granted leave of absence without loss of salary or benefits upon the death or for the funeral of a family member as defined below. 23.2.1 Definition of Family Member for Bereavement Leave--For the purpose of bereavement leave, a family member is defined as a spouse, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in- law, sister-in-law, daughter-in-law, and son-in-law. In addition, the Chief of Police may grant bereavement leave to an employee upon the death or for the funeral of some other person, if in the opinion of the Chief of Police, there existed an extraordinarily close familial relationship between the employee and such other person. 23.2.2 Leave Within California--Employees may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or for the funeral of a family member residing within California. 23.2.3 Leave Otttside California--Employees may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or for the funeral of a family member residing outside of California. Sick Leave--Every permanent and probationary employee, except those employees who work less than full-time, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties as the result of injury or illness which is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 23.3.1 Amount of Sick Leave--Each employee will accrue 8 hours per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 23.3.1.1 Advancing Sick Leave--Any employee who has accrued sick leave of less than 96 hours can be advanced up to a maximum of 88 hours of sick leave, after exhaustion of all accrued sick leave. 23.3.2 Sick Leave Definition--Sick Leave as used herein, is defined as a period of time during which the employee suffers actual illness or injury that necessitates absence from employment. Sick leave is not a right or privilege to be used at the discretion of the employee. 23.3.3 Sick Leave Request--An employee shall make a written request for paid sick leave for each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the Chief of Police. 23.3.4 Approval of Sick Leave Request--The Chief of Police shall review all sick leave requests and, if approved, the request for paid sick leave shall be granted. The Chief of Police shall not unreasonably withhold approval of sick leave requests. 23.3.5 Notification--The employee must notify his/her immediate supervisor prior to, or within 2 hours of, the commencement of the daily work period in which sick leave Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 39 2~.4 23.5 is sought. 23.3.6 Verification of Injury or illness- 23.3.6.1 Usual Verification--An employee requesting paid sick leave shall provide reasonable verification of the illness or injury, usually in the form of the employee's personal statement of injury or illness. 23.3.6.2 Doctor's Verification--The Chief of Police may require a verification prepared and signed by a medical doctor, which describes the nature and extent of the injury or illness and that confirms that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of 39 hours or more. In addition, a doctor's verification can be requested if an individual employee has abused the leave in the opinion of the Chief of Police. Such medical verification request shall not be unreasonably imposed. 23.3.7 Sick Leave Manage~nent Plan--The Sick Leave Management Policy Administrative Instruction defines abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. Medical Appointment Leave--Employees shall receive leave with pay for appointments with medical doctors and dentists. Such leave shall be authorized only for the actual time necessary for the appointment. Employees shall be required to submit a personal statement describing the nature and need of such visits. The City reserves the right to confirm or verify any appointment for which such leave is authorized. 23.4.1 Medical Appointment Leave Charged to Sick Leave--The first 8 hours per year of medical appointment leave will not be charged to sick leave, all other absences related to medical appointments shall be charged to sick leave. Paid Family Care Leave-- 23.5.1 Employees Hired Prior to ]/O]/OJ Eligibility for Paid Family Care Leave--Only those full-time regular employees in a civilian classification as of 12/31/00 shall be eligible for 16 hours of Paid Family Care Leave for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined below. 23.5.2 Definition of Family Member for Paid Family Care Leave--For the purposes of Paid Family Care Leave, a family member shall include the employee's spouse, child, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In addition, the Chief of Police may grant leave to an employee for some other person (other then "family member", as listed), if, in the opinion of the Chief of Police, there exists or existed an extraordinary close familial relationship between the employee and such other person. Page 40 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 23.6 23.7 23.8 23.5.3 Sick Leave as Family Care Leave--Employees accrue sick leave each year as defined in the sick leave article of this agreement. In recognition of Labor Code 233, effective 1/1/00, employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 23.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes--A family member, as defined in Labor Code 233, shall include the employee's spouse, child, mother, and father. 23.5.3.2 Leave Amount--The combined total of hours taken for family care purposes pursuant to Labor Code section 233, including any leave used from the Paid Family Care Leave provision, if eligible, shall not exceed one-half of the employee's annual allotment of sick leave. Concurrent Use of Leave--Such leaves may run concurrently with any family care leave taken under federal or state family care leave acts. Notification Procedures--Leave usage forms and notification procedures xvill continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Light-duty Program---The purpose of this light-duty program is to minimize the loss of productive time, while at the same ti.me reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income toss. Light-duty assignments will be structured so employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assi=mmaents will not be made unless the employee receives medical clearance from the treating physician to return for light-duty work. If applicable, this pro,am shall be coordinated with appropriate workers' compensation benefits so that benefits are provided at the level not less than those mandated by state law. 23.8.1 Coverage--This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 23.8.1.1 Determination/Required Reports-- 23.8.1.1.1 Assignments--Light-duty assi=mtrnents may be made following evaluation and determination by the Chief of Police. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty work on departmental operations. The evaluation and determination of light-duty assignments will be based on the employee's medical restrictions and upon agreement of the Chief of Police, the employee, and the affected supervisor. 23.8.1.1.2 Medical Updates--After the initial report, updated medical reports shall be submitted to the Chief of Police at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 41 industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. Reports will be evaluated by the Chief of Police for purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 23.8.1.1.3 Light-dz~ty Assignment, Definitions, a~d Restrictions--Light- duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job ~vith or without accommodation. Under no circumstances shall the light-duty assigm~nent be considered to be a permanent alternative position for purposes of reasonable accommodation under the American with Disabilities Act. Light-duty assignments: · May consist of reduced work hours, limited work, or any combination thereof. · Will not adversely affect the employee's actual hourly rate of pay. · Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned ~vork outside of the department consistent with skill and ability. · When feasible will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light-duty work during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday or to an alternate shift. · Will be developed based on available specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggavate an injury or illness. · Will not be placed in light-duty assi=m'u'nents that, in the normal course of events, will require that they provide direct field emergency response. 23.8.2.1 Holidays/Vacations During Light-duty Assignments-- 23.8.2.1.1 Holidays Observed--Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty Page 42 Memorandum of Understanding Betxveen the South San Francisco Police Association and the City of South San Francisco 23.9 23.10 23.11 employee. Compensation for holidays shall be in accordance with this agreement. 23.8.2.1.2 Vacations--Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the Chief of Police, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 23.8.3 Return to Full-duty Assigmnent--Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. Industrial Injmy or Illness--An employee who is absent from work and ~vho is temporarily and/or partially disabled from performing work as the result of an injury or illness that has been determined to be industrially caused, shall be entitled to receive paid leave for all time the employee is normally scheduled to work during a period of 90- calendar days from the commencement of the injury or illness necessitating absence from work. An employee on industrial injury or illness leave shall assign to the City all workers' compensation insurance proceeds received by the employee during the period the employee is getting full compensation from the City for all absent work hours. Pregnancy-related Disability' Leave--Eligible employees may be granted leave up to the maximum period of time permitted by law for pregnancy reasons for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or the placement of a child with an employee in connection xvith adoption. Short- or Long-term Disability-- 23.11.1 Application for Benefits--An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and who has utilized all accrued and eligible paid leave and sick leave up to 30-calendar days of disability, may file an application for Disability Insurance benefits in accordance with the requirements of the City's Disability Insurance Policy. 23.11.2 City Determination--Upon an employee qualifying for Disability Insurance benefits, the City shall determine whether the employee's disability from performing the full scope of the usual and customary duties of the classification is permanent and stationary, or medical prognosis of the employee's eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. 23.11.3 Permanent and Stationary Determination--If the City determines that the employee is disabled from performing the full scope of the usual and customary duties of the classification is permanent and stationary, then the City may retire Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 43 23.11.4 23.11.5 23.11.6 23.11.7 the employee or otherwise separate the employee from the City's service or position in the classification. Tempora~7 Determination--If the City determines that the employee's disability from the performance of the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a per/od of 365 days, or a reasonable extension thereof, then the City may grant the employee a leave of absence without pay for a period appropriate to the time necessary to determine the employee's ability to completely recover; or the City may not grant such leave and separate the employee from the City's service or position in the classification. Permanent and Stationao' Determination During Leave of Absence--If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee's disability becomes permanent and stationary during the period of such leave, the City may retire the employee on a disability retirement or otherwise separate the employee from the City's service or position in the classification at such time as the employee's condition becomes permanent and stationary. Accrued Vacation Payment--Upon becoming eligible for Disability Insurance benefits, and upon being granted a leave of absence ~vithout pay for a period appropriate to the time necessary to determine an employee's ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. Insurance Premium Payment--The City will continue to pay insurance premiums on behalf of a disabled employee and eligible dependents, pursuant to the provisions for such payments as otherwise provided in this Agreement until the actual date of separation of the employee from City employment. Article 24. Recreational Facilities and Classes 24.1 Admission to Classes--All full-time regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12omonth period (lab fees or ingredient fees not included). 24.2 Use of Facilities--Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks, Recreation, and Maintenance Services Department. Article 25. Layoff 25.1 Layoff--Whenever, in the judgment of the City Council, it becomes necessary, in the interest of economy or because of lack of need for the position or employment involved no longer exists, the City Council may abolish any position or employment in the Page 44 Memorandum of Understanding Bet~veen the South San Francisco Police Association and the City of South San Francisco 25.2 25.3 25.4 25.5 competitive service and layoff, reassign, demote, or transfer an employee holding such position or employment xvithout filing written charges. The appointing authority may likewise layoff an employee in the competitive service because of mater/al change in duties or organization, or because of a shortage of work or work funds. Seniority for Layoff Purposes--Seniority for the purposes of layoff is defined as length of continuous full-time employment within the service of the City, and does not include service in a provisional and temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except as authorized by state and federal law. Order of Layoff--When one or more employees working in the same class in a City department are to be laid off (provisional and temporaries therein, having already been terminated), the order of layoff in the affected department shall be probationary employees in reverse order of seniority, then permanent employees in reverse order of seniority. Should 2 or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever 2 or more employees have identical classification seniority, the order of layoff shall be determined by an established departmental seniority policy (badge numbers) or in the absence or dispute thereof'., random selections. Notice of Layoff--Employees shall be sent written notice, including reasons therefor, by certified registered mail, return receipt requested or may be personally served the notice, a minimum of 20-working days prior to the effective date of layoff. An employee receiving said notice may respond in writing, to the City Manager. The employee's representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives, that do not include the consideration of the merits, necessity or organization of any service or activity. The provisions below, must be requested by the employee, in writing, 15-working days prior to the effective date of layoff. Layoff Re-employment/Reinstatement Lists-- 25.5.1 Classification Reinstatement List--Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. 25.5.2 Like Classification Reinstatement List--Employees who are laid off shall have their names placed on a reemployment list for classifications that, in the opinion of the Director of Human Resources, require basically the same qualifications, duties, and responsibilities as those of the classification from which the layoff occurred, in order of seniority. Vacant positions in such classifications shall be offered to the reemployment list who qualify for such vacancies pr/or to an open or promotional recruitment. Duration of Re-eml2loyment/Reinstatement Lists--No name shall be carried on a reinstatement or reemployment list for a period longer than 2 years. Refusal to accept the first offer of reinstatement or reemployment within the same classification shall cause the name to be dropped from the list. Individuals not 25.5.3 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 45 25.5.4 responding to written notification forwarded to their last given address by certified registered mail, return receipt requested, of an opening within 10- working days from mailing shall have their names removed from either the reinstatement or reemployment list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.) shall have their names removed from either the reinstatement or reemployment list. Probationary Returns--Probationary employees appointed from a reinstatement or reemployment list must serve the remainder of their probationary period in order to attain permanent status. Article 26. Disciplinary Action 26.1 Personnel Rules and Regulations--All 26.2 26.3 definitions of words, phrases, etc., and the meanings and intent of this Article, shall be in accordance with the City of South San Francisco Personnel Rules and Regulations. Action by the City--The City shall take disciplinary action against a permanent employee for misconduct including, but not limited to chronic absenteeism, incompetence, insubordination, failure to follow work rules, misstatement of fact on an application or other personnel document, falsification of records, unfitness for duty, and absence without authorized leave. 26.2.1 Disciplinary Action--Disciplinary action may take the form of a suspension, pay reduction, demotion, or discharge. 26.2.2 Emergency Action--All disciplinary action taken against an employee must receive the prior approval of the appointing authority except under emergency circumstances that dictate immediate suspension of the employee by the Chief of Police. In such cases, the Chief of Police shall immediately report the action taken to the appointing authority who shall review the case and make the determination concerning the appropriateness of the suspension and of further disciplinary action. 26.2.3 City Manager Approval--All actions resulting in a salary reduction shall be subject to review by the appointing authority and the Chief of Police involved within 30 days following the effective date of the initial action and at regular intervals thereafter. Actions resulting in demotions may be reviewed at the sole discretion of the appointing authority. Notice of Disciplinary Action--The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate that the City take immediate action to remove the employee from the workplace. In such cases, written notice, as set forth below, shall be provided the employee within 2-working days from the date of the action. In all cases, written notice of disciplinary action shall be served on the employee personally or be certified registered mail, with a copy of the notice to be placed in the employee's personnel file. Page 46 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 26.4 26.5 26.6 Written Notice--The written notice shall contain the type of disciplinary action, the effective date of the action, the reason or cause for the action, that the employee may inspect copies of all materials upon which the action is based, and that the employee has the right to respond, either orally or in writing, to the authority initially imposing the discipline. Notice Timelines--Except for instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than 10-working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not be final until the aforementioned notice has been furnished to employee and the employee has been provided up to 1 O-working days from receipt of the notice to respond to the authority initially imposing the discipline. Appeal Rights--Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in Rule 14 of the Personnel Rules and Regulations. 27.2 27.3 27.4 Article 27. Grievance Procedure 27.1 Definition of a Grievance--A grievance is an allegation by an employee or a group of employees that the City has failed to provide a condition of employment that is established by this Ag-reement, provided that the condition of employment is not made subject to the discretion of the Chief of Police or by the City. This grievance procedure shall not apply to discipline or other matters over which the Personnel Board has jurisdiction pursuant to Title 3 of the Municipal Code. This grievance procedure shall be the exclusive means of resolving grievances of employees covered by this Agreement. Stale Grievance--A grievance shall be void unless filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment established by this Agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. Informal Discussion with Employee's Supervisor--Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with the immediate supervisor in an attempt to work out a satisfactory solution. If the employee and immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent him/herself individually, or may request the assistance of an employee representative, who has been officially authorized by the Union to write and formally present the grievance. Formal Written Grievance to Captain--If the employee chooses to formally pursue the grievance, s/he shall present the written grievance to the appropriate Captain within 15- calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written =m-ievance shall specify the Article, Section, and/or Subsection of this Agreement alleged to have been violated by the City and shall specify date, times, persons, remedy requested, and other facts necessary to a clear understanding of the matter being grieved. The Captain shall respond in writing to Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 47 27.5 27.6 27.7 27.8 27.9 27.10 the grievance within 15-calendar days after receipt of the written grievance. If the grievance is not resolved at this level, the employee shall have 15-calendar days from receipt of the Captain's answer to file an appeal to the Chief of Police. Grievance to the Chief of Police--The Chief of Police shall have 15-calendar days after receipt of the grievance to review and answer the grievance in writing. A meeting between the Chief of Police, the grievant, and grievant's representative may be scheduled in order to facilitate resolution. Informal Review by the City Manager--In the event that the grievance is not resolved by the Chief of Police, the grievant may, within 30-calendar days after receipt of the Chief of Police's decision, request in writing to the City Manager, that the grievance be heard by the City Manager. Arbitration of Grievance--Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee may infon'nally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manger or designee shall have 15-calendar days to review and seek adjustment of the grievance. Selection of an Arbitrator--The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or the grievant's representative. If the City Manager or designee and the grievant or the =m-ievant's representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in public sector arbitration. The parties shall then alternatively strike names from the list until only one name remains, and the person shall serve as arbitrator. Lot shall determine the first strike from the list. Duty of Arbitrator- 27.9.1 Arbitrator Decision--Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and thereafter to make written findings of fact and disposition of the =o-rievance, which shall be final and binding upon the parties. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the Agreement applicable to the grievance, and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or provisions of the agreement. 27.9.2 Arbitrator Resloonsibility--The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the Agreement or, in any respect, to revise, modify or alter, any provision contained in this Agreement. Payment of Costs--Each party to a hearing before an arbitrator shall bear his/her own expenses in connection therewith. Either party shall have the fight to a reporter's transcript of the hearing provided that this cost is born by the requesting party. If the other party elects to utilize a copy of the transcript, the entire costs shall be divided equally. All fees and expenses of fl~e arbitrator shall be borne half by Ihe City and half by the grievant. A '7 Page 48 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco 27.11 27.12 Effect of Failure of Timely Action--Failure of the employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. Non-union Representation--In the event that an employee chooses to represent him/herself, or arranges for representation independent of the Union, the Chief of Police and the City shall make no disposition of a grievance that is inconsistent with the terms and conditions of this Agreement. In the event an employee shall elect to go to hearing independently under paragraph above, the Union shall have the right to be a full and equal party to such proceedings for the purpose of protecting the interests of its members under the terms of the A~eement. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 49 Section 3- Provisions for all Unit Members Article 28. Agreement Modification and Waiver 9.28.1 Full and Entire Agreement--This Memorandum of Understanding sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding and agreements over these matters between the parties, whether formal or informal, are hereby superseded in their entirety. In the event that the provisions of this Agreement are found to be in conflict with a City rule, regulation or resolution, the provisions of this Agreement shall prevail over such conflicting rule, regulation, or resolution. 28.2 Eligibility for Retroactivity--A unit member must be employed by the City in a position covered by this Agreement at the time settlement is reached on a successor A=oreement and that Agreement is ratified in order to be eligible for any limited retroactivity in salary or benefit increases that the successor Agreement may provide. 28.3 ~Vritten Modification Required--No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any maturer be binding upon the parties hereto unless made and executed in writing by all parties hereto and approved by the City Council. 28.4 WaiveJ~The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Article2 9. Signatures In witness thereof, th._~es hereto hav. e executed this Agreement in the City of South San Francisco onthis ,~ day of "~~o-~/ r-~O~{ · For the ~ty~' ... ~//~ ~ For the Association: Page 50 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Appendix A Sworn and Civilian Classifications Sworn Classifications · Police Recruit · Police Officer · Police Corporal · Police Sergeant Civilian Classifications · Parking Enforcement Officer · Police Property and Evidence Specialist · Police Records Specialist · Police Service Technician · Senior Police Records Specialist Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 51 Appendix B Sworn and Civilian Classifications Salary Adjustments Sworn Classifications 1/1/01 1/1/02 1/1/03 1/1/04 · Police Recruit ........................................... 6.32% ............. 4.0% .............. 4.0% ............. Survey · Police Officer ........................................... 6.32% ............. 4.0% .............. 4.0% ............. Survey · Police Corporal ........................................ 6.32% ............. 4.0% .............. 4.0% ............. Survey · Police Sergeant ......................................... 6.32% ............. 4.0% .............. 4..0% ............. Survey Civilian Classifications · · · · · 1/1/01 1/1/02 1/1/03 1/1/04 Parking Enforcement Officer .................... 5.0% .............. 4.0% .............. 4.0% ............. Survey Police Property and Evidence Specialist... 5.0% .............. 4.0% .............. 4.0% ............. Survey Police Records Specialist .......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey Police Service Technician ......................... 5.0% .............. 4.0% .............. 4.0% ............. Survey Senior Police Records Specialist .............. 5.0% .............. 4.0% .............. 4.0% ............. Survey Page 52 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Appendix C Side Letter-medical Benefits Medical Plan Modifications--Should the City determine that there ought to be an amendment in medical plan providers, such as an add, delete, or change, the City will undertake this conversion, making every effort to maintain the same level of service to participants without costing the City additional funds for medical plan premiums. Memorandum of Understanding Bet~veen the South San Francisco Police Association and the City of South San Francisco Page 53 Appendix D Side Letter-Optional PERS Benefits PERS Retirement Formula Modifications-- D. 1 Sick Leave Service Credit--The City will have an actuarial study conducted by PERS for Sick Leave Service Credit for both sworn and civilian positions. If the results of the study are .02% of salary or less for either the sworn or the civilian positions, then the City will implement the PERS plan modification by no later than 7/1/01. If the results of the actuarial study are .021% or more the City and the Association will meet and confer to ascertain if employee members, as a group, will pay the costs above .02%. D.2 Single-highest Year Retirement Calculation--If at any time from January 2001 through June 2003, additional PERS benefits of single-highest year retirement calculation for miscellaneous employees (civilian employees) are made available to employees classified as Miscellaneous with the Public Employees' Retirement System, and are granted to other miscellaneous employee units of the City, this unit shall also be granted those benefits. Page 54 Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Appendix E Side Letter-Sick Leave Coding and Recognition E.1 E.2 Sick Leave Usage Coding--The City will adopt a coding system by 7/1/01 to correctly account for personal sick leave and sick leave as family care usage. The purpose of this coding system is to correctly identify how leave is used. A byproduct of this coding system will be to ensure that those employees who qualify for recognition for not using personal sick leave will be eligible for department and/or City recognition. Low Sick Leave Usage Recognition--The department management staff and the Police Association will meet by 3/1/01 to develop a program to facilitate the department's continued low sick leave usage by addressing one component of wellness, which is physical fitness through exercise. The goal of the program is to provide no more than 1 new or replacement physical fitness-related equipment/apparatus to the department gym per year. Memorandum of Understanding Between the South San Francisco Police Association and the City of South San Francisco Page 55 Appendix F Police Association-Salary and Benefits Staff Report 1. Include a four-year agreement, ending 12/31/2004. 2. Incorporate previously agreed-upon language into this MOU revision. 3. Modify bilingual incentive language with pre-determined languages. Grandfather in those employees in the current bilingual incentive program.. Increase bilingual compensation by 2.5% on 7/1/03. 4. Increase uniform allowance for all classifications in unit each year of agreement by $15 on 7/1/01; $10 on 7/1/02; $10 on 7/1/03; and $10 on 7/1/04. 5. Maintain current level of health benefits. Add side letter about modifying medical benefit providers, if necessary. 6. Increase dental benefits to $1,500 per calendar year, effective 1/1/01. 7. Add short-term disability benefits for civilian employees, effective 1/1/01. 8. Modify light-duty provision to allow for an employee to be assigned in another department if work is available. 9. Modify discretionary holiday payoff to be by the payperiod before the last payperiod of the calendar year. 10. Add side letter for departmental recognition program to be developed by 7/1/01. 11. Implement PERS retirement benefits of 3% at age 50 retirement formula for s~vorn classifications by 1/1/03. 12. Add provision that if the PERS retirement benefits are modified for any other miscellaneous unit during the life of this agreement, those modifications are also provided for this unit, such as for single-highest year retirement calculation. 13. Add side letter provision to request a PERS actuarial study for sick leave service credit for both sworn and civilian members, and if rate is .2% of salary or less for either group, then add. If rate is 2.1 or more, then meet with Association to determine if membership pays difference. 14. Modify language in such areas as Sick Leave Management Policy. 15. Modify Sick Leave and Paid Family Care Leave to ensure consistency with new laws. Eliminate Paid Family Care Leave for employees hired into unit-covered classifications after !/1/01. Reduce Paid Family Care Leave by 8 hours for civilian classifications and by 14 hours for sworn classifications, effective 1/1/01. Eliminate remaining Paid Family Care Leave for sworn classifications by 7/1/03. 16. Modify salaries for sworn classifications for the period of 1/1/01 through 12/31/04 to include equity adjustment of 6.32% on 1/1/01, and COLA of 4% on 1/1/02, and 4% on 1//1/03; and survey for 1/1/04, ~vith placement at the 60m percentile and maintenance of the same salary spread between levels for 1/1/04 survey. 17. Modify salaries for civilian classifications for the period of 1/1/01 through 12/31/04 to include 5% on 1/1/01, 4% on 1/1/02, and 4% on 1//1/03; and survey for 1/1/04, with placement at the 60~h percentile and maintenance of the same salary, spread between levels for 1/1/04 survey. PROPOSED SALARIES OF UNIT C - EFFECT[VE 01-01-02 )ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP S... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP ll.. ~OLICE CORPORAL HRLY.RATE 33.9200 34.8100 35.6500 36.5900 BIWEEKLY 2713.60 2784.80 2852.00 2927.20 MONTHLY 5879.00 6034.00 ~179.00 6342.00 ~OLICE CLERK HRLY.RATE 18.8100 19.7400 20.7400 21.7700 22.8600 BIWEEKLY 1504.80 1579.20 1659.20 1741.60 1828.80 MONTHLY 3260.00 3422.00 3595.00 3773.00 3962.00 ~OLICE HRLY.RATE 20.3100 21.3200 22.3900 23.5100 24.6700 >ROPERTY/ BIWEEKLY 1624.80 1705.60 1791.20 1880.80 1973.60 gVIDENCE MONTHLY 3520.00 3695.00 3881.00 4075.00 4276.00 ;PECIALIST ~OLICE OFFICER HRLY.RATE 25.0200 26.8300 28.7900 30.9000 33.1100 BIWEEKLY 2001.60 2146.40 2303.20 2472.00 2648.80 MONTHLY 4337.00 4651.00 4990.00 5356.00 5739.00 ~OLICE SERVICE 'ECHNICIAN HRLY.RATE 19.3400 20.3000 21.3200 22.3900 23.5100 BIWEEKLY 1547.2'~ 1624.00 1705.60 1791.20 1880.80 MONTHLY 3352.00 3519.00 3695.00 3881.00 4075.00 ~OLICE RECRUIT HRLY.RATE 24.5600 26.3200 28.2200 30.3000 32.5100 BIWEEKLY 1964.80 2105.60 2257.60 2424.00 2600.80 MONTHLY 4257.00 4562.00 4891.00 5252.00 5635.00 IOLICE SERGEANT HRLY.RATE 36.5900 37.4500 38.4000 39.3500 40.3200 BIWEEKLY 2927.20 2996.00 3072.00 3148.00 3225.60 MONTHLY 6342.00 6491.00 6656.00 6821.00 6989.00 ~ARKING HRLY.RATE ~NFORCEMENT BIWEEKLY )FFICER MONTHLY 17.5400 18.4200 19.3400 20.3100 21.3300 1403.20 1473.60 1547.20 1624.80 1706.40 3040.00 3193.00 3352.00 3520.00 3697.00 POLICE CLERK HRLY.RATE 19.8100 20.7800 21.8100 22.9100 24.0600 BIWEEKLY 1584.80 1662.40 1744.80 1832.80 1924.80 MONTHLY 3434.00 3602.00 3780.00 3971.00 4170.00 PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-02 SCRIPTION. · UNIT ...... STEP i... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11.. ds listed. PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-03 ,ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11.. 'OLICE CORPORAL HRLY.RATE 35.2800 36.2000 37.0800 38.0500 BIWEEKLY 2822.40 2896.00 2966.40 3044.00 MONTHLY 6115.00 6275.00 6427.00 6595.00 'OLICE CLERK HRLY.RATE 19.5600 20.5300 21.5700 22.6400 23.7700 BIWEEKLY 1564.80 1642.40 1725.60 1811.20 1901.60 MONTHLY 3390.00 3559.00 3739.00 3924.00 4120.00 'OLICE HRLY.RATE 21.1200 22.1700 23.2900 24.4500 25.6600 'ROPERTY/ BIWEEKLY 1689.60 1773.60 1863.20 1956.00 2052.80 :VIDENCE MONTHLY 3661.00 3843.00 4037.00 4238.00 4448.00 ;PECIALIST 'OLICE OFFICER HRLY.RATE 26.0200 27.9000 29.9400 32.1400 34.4300 BIWEEKLY 2081.60 2232.00 2395.20 2571.20 2754.40 MONTHLY 4510.00 4836.00 5190.00 5571.00 5968.00 'OLICE SERVICE 'ECHNICIAN HRLY.RATE 20.1100 21.1100 22.1700 23.2900 24.4500 BIWEEKLY 1608.80 1688.80 1773.60 1863.20 1956.00 MONTHLY 3486.00 3659.00 3843.00 4037.00 4238.00 'OLICE RECRUIT HRLY.RATE 25.5400 27.3700 29.3500 31.5100 33.8100 BIWEEKLY 2043.20 2189.60 2348.00 2520.80 2'704.80 MONTHLY 4427.00 4744.00 5087.00 5462.00 5860.00 'OLICE SERGEANT HRLY.RATE 38.0500 38.9500 39.9400 40.9200 41.9300 BIWEEKLY 3044.00 3116.00 3195.20 3273.60 3354.40 MONTHLY 6595.00 6751.00 6923.00 7093.00 7268.00 'ARKING HRLY.RATE :NFORCEMENT BIWEEKLY )FFICER MONTHLY 18.2400 19.1600 20.1100 21.1200 22.1800 1459.20 1532.80 1608.80 1689.60 1774.40 3162.00 3321.00 3486.00 3661.00 3845.00 ;R POLICE CLERK HRLY.RATE 20.6000 21.6100 22.6800 23.8300 25.0200 BIWEEKLY 1648.00 1728.80 1814.40 1906.40 2001.60 MONTHLY 3571.00 3746.00 3931.00 4131.00 4337.00 PROPOSED SALARIES OF UNIT C - EFFECTIVE 01-01-03 ]SCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11.. 'ds listed. ,RGAINING UNIT - POLICE iD. DESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11.. [75 PARKING HRLY.RATE 16.8700 17.7100 18.6000 19.5300 20.5100 ENFORCEMENT BIWEEKLY 1349.60 1416.80 1488.00 1562.40 1640.80 OFFICER MONTHLY 2924.00 3070.00 3224.00 3385.00 3555.00 [05 POLICE CLERK HRLY.RATE 18.0900 18.9800 19.9400 20.9300 21.9800 BIWEEKLY 1447.20 1518.40 1595.20 1674.40 1758.40 MONTHLY 3136.00 3290.00 3456.00 3628.00 3810.00 100 POLICE CORPORAL HRLY.RATE 32.6200 33.4700 34.2800 35.1800 BIWEEKLY 2609.60 2677.60 2742.40 2814.40 MONTHLY 5654.00 5801.00 5942.00 6098.00 115 POLICE OFFICER HRLY.RATE 24.0600 25.8000 27.6800 29.7100 31.8400 BIWEEKLY 1924.80 2064.00 2214.40 2376.80 2547.20 MONTHLY 4170.00 4472.00 4798.00 5150.00 5519.00 110 POLICE HRLY.RATE 19.5300 20.5000 21.5300 22.6100 23.7200 PROPERTY/ BIWEEKLY 1562.40 1640.00 1722.40 1808.80 1897.60 EVIDENCE MONTHLY 3385.00 3553.00 3732.00 3919.00 4111.00 SPECIALIST 2160 POLICE RECRUIT HRLY.RATE 23.6200 25.3100 27.1300 29.1300 31.2600 BIWEEKLY 1889.60 2024.80 2170.40 2330.40 2500.80 MONTHLY 4094.00 4387.00 4703.00 5049.00 5418.00 2165 POLICE SERGEANT HRLY.RATE 35.1800 36.0100 36.9200 37.8400 38.7700 BIWEEKLY 2814.40 2880.80 2953.60 3027.20 3101.60 MONTHLY 6098.00 6242.00 6399.00 6559.00 6720.00 NING UNIT - POLICE ESCRIPTION .... UNIT ...... STEP 1... STEP 2... STEP 3... STEP 4... STEP 5... STEP 6... STEP 7... STEP 8... STEP 9... STEP 10.. STEP 11.. 'OLICE SERVICE HRLY.RATE 18.6000 19.5200 20.5000 21.5300 22.6100 'ECHNICIAN BIWEEKLY 1488.00 1561.60 1640'00 1722.40 1808.80 MONTHLY 3224.00 3383.00 3553.00 3732.00 3919.00 POLICE CLERK HRLY.RATE 19.0500 19.9800 20.9700 22.0300 23.1300 BIWEEKLY 1524.00 1598.40 1677.60 1762.40 1850.40 MONTHLY 3302.00 3463.00 3635.00 3819.00 4009.00 South Compensation between the Plan l:~ublic Safety M~ge~s and the City of South S, an Francisco January 1, 2002 through December $1,2004 Published by Human Resources Department City of South San Francisco Street Address: Ftrst Floor City Hall 400 Grand Avenue South San Francisco CA 94080 Web Site www.ssf, net Mailing Address: P. O. Box 711 South San Francisco CA 94083 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax Benefit Information 650/877-8523 Recruitment Information 650/829-6693 City of South San Francisco Public Safety Management Compensation Plan Table of Contents 1 Public Safety Managers Defined ............................................................................. 1 2 Salary ....................................................................................................................... 1 2.1 Increases ("Me Too Clause") ......................................................................... 1 2.2 Classification Compaction ............................................................................. 1 2.3 Salary Schedule ............................................................................................. 1 2.4 Temporary Assigm'nent to a Higher-level Positions ...................................... 1 3 Other Pay ................................................................................................................. 2 3.1 Longevity Pay ................................................................................................ 2 3.1.1 After 15 Years of Service .................................................................... 2 3.1.2 After 20 Years of Service .................................................................... 2 3.2 Extra Shift Pay ............................................................................................... 2 3.2.1 Qualifying Shifts ................................................................................. 2 3.2.2 Compensation Amount ........................................................................ 2 3.2.3 Department Head Review ................................................................... 2 3.2.4 No Affect on Employee' s Right to Overtime ..................................... 2 4 Payment of Compensation ....................................................................................... 2 5 Health and Welfare Benefit Plans ............................................................................ 3 5.1 Medical Insurance .......................................................................................... 3 5.1.1 Available Medical Plans .................................................................... 3 5.1.2 Payment of Premium Costs ............................................................... 3 5.1.3 Effective Date of Coverage ............................................................... 3 5.1.4 Domestic Partner Coverage ............................................................... 3 5.1.5 Medical Insurance for Employees Who Retire .................................. 3 5.2 Dental Insurance ............................................................................................ 3. 5.2.1 Available Plan .................................................................................... 3 5.2.2 Payment of Premium Costs ............................................................... 3 5.2.3 Effective Date of Coverage ............................................................... 3 5.2.4 Dental Insurance for Employees Who Retire .................................... 4 5.3 Vision Insurance ............................................................................................ 4 5.3.1 Available Plan .................................................................................... 4 5.3.1.1 Tint Coverage ....................................................................... 4 5.3.2 Payment of Premium Costs ............................................................... 4 5.3.3 Effective Date of Coverage ............................................................... 4 5.3.4 Vision Insurance for Employees Who Retire .................................... 4 5.4 Discretionary Benefit Option ......................................................................... 4 5.4.1 Proof of Alternate Insurance .............................................................. 4 5.4.2 Method of Computation ..................................................................... 4 5.4.3 Exercising the Option ........................................................................ 4 5.5 Life and Accidental Death and Dismemberment Insurance ..........................5 5.5.1 Term Life Value ................................................................................ 5 City of South San Francisco Public Safety Managers Compensation Plan Page ii 5.5.2 AD&D Value ..................................................................................... 5 5.5.3 Payment of Premium Costs ............................................................... 5 5.5.4 Effective Date of Coverage ............................................................... 5 5.6 Disability Insurance Program ........................................................................ 5 5.6.1 Short-term Disability ......................................................................... 5 5.6.2 Long-term Disability ......................................................................... 5 5.6.3 Payment of Premium Costs ............................................................... 5 5.6.4 Effective Date of Coverage ............................................................... 5 5.7 Section 125 Plans ........................................................................................... 5 5.7.1 Health Care Reimbursement .............................................................. 5 5.7.2 Dependent Care Reimbursement ....................................................... 5 5.8 Section 457 Deferred Compensation Plan ..................................................... 5 5.9 Retirement Plans ............................................................................................ 5 5.9.1 Optional Provisions Added ................................................................. 5 5.9.1.1 Survivor Allowance ................................................................ 6 5.9.1.2 Single-highest Year Compensation ......................................... 6 5.9.1.3 Military Service Credit ............................................................ 6 5.9.1.4 Sick Leave Service Credit ....................................................... 6 5.9.1.5 Retirement ]Enhancement Formula .......................................... 6 5.9.2 Employee Contributions to Retirement System .................................. 6 5.9.3 IRS Tax Exemption ............................................................................. 6 5.10 Education Expense Reimbursement Program ............................................... 6 5.10.1 Education Expense Reimbursement Amount .................................... 6 5.10.2 Qualifying for Education Expense Reimbursement Program ........... 6 5.10.3 Reimbursement Request .................................................................... 6 5.10.4 Repayment of Course Costs ............................................................... 7 5.11 Deceased Employee/Retiree Benefits ............................................................ 7 5.12 Payment of Unused Accumulated Sick Leave ............................................... 7 6 5.12.1 Accrued After 7/1/86 ......................................................................... 7 5.12.2 Payment of Unused Accumulated Sick Leave for Certain 7 Employees, Retroactive ..................................................................... Holidays ................................................................................................................... 7 6.1 Monday Through Friday Employees ............................................................. 7 6.2 Continuous Service Employees ..................................................................... 7 6.2.1 Battalion Chiefs ................................................................................. 8 6.2.1.1 Full-day Holidays ................................................................. 8 6.2.1.2 Half-day Holidays ................................................................ 8 6.2.2 Other Employees ............................................................................... 8 6.2.2.1 Full-day Holidays ................................................................. 8 6.2.2.2 Half-day Holidays ................................................................ 8 6.3 Paid Status Before and After a Holiday ......................................................... 8 6.4 Observed Full-day Holidays .......................................................................... 8 Page iii City of South San Francisco Public Safety Managers Compensation Plan 7 6.5 Observed Half-day Holidays ......................................................................... 6.6 National Day .................................................................................................. 6.7 Days of Holiday Observation ........................................................................ 6.8 Discretionary Holiday .................................................................................... 6.9 Holidays Worked for M-F Staff .................................................................... Leaves ...................................................................................................................... 7.1 Vacation Leave .............................................................................................. 7.1.1 Length of Continuous Service ............................................................. 7.1.2 Vacation Maximum Accrual ............................................................... 7.1.3 Payment on Separation ........................................................................ 7.1.4 Vacation Leave Compensation ........................................................... 7.1.5 Amount Used for Each Vacation Day ................................................. 10 7.2 Administrative Leave ..................................................................................... 10 7.2.1 Administrative Leave .......................................................................... 10 7.2.2 Supplemental Administrative Leave ................................................... 10 7.2.2.1 Qualifying for Supplemental Leave ....................................... 10 7.2.2.2 Recommending Supplemental Leave .................................... 10 7.2.2.3 Unused Supplemental Leave ................................................. 10 7.3 Non-industrial Sick Leave ............................................................................. 10 7.3.1 Accrual ................................................................................................ 11 7.3.1.1 Accrual Prior to 7/1/86 ......................................................... 11 7.3.2 Sick Leave Conversion ....................................................................... 11 7.3.3 Usage ................................................................................................... 11 7.3.3.1 Fire Shift Employees ............................................................ 11 7.3.4 Definition of a Separation from City Employment as a Result of a Work-related Injury or Illness ............................................................. 11 7.3.5 Sick Leave Management Policy .......................................................... 11 7.3.5.1 Review Standard .................................................................... 11 7.4 Medical Appointment Leave ......................................................................... 11 7.5 Paid Family Care Leave ................................................................................. 11 7.5.1 Definition of Family Member for Paid Family Care Leave ................ 11 7.5.2 Eligibility for Paid Family Care Leave ............................................... 12 7.5.2.1 56-hour Employees .............................................................. 12 7.5.2.2 40-hour Employees .............................................................. 12 7.5.2.3 Elimination of Leave ............................................................ 12 7.5.3 Sick Leave as Family Care Leave ....................................................... 12 7.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes ..................................................................... 12 7.5.3.2 Leave Amount ...................................................................... 12 7.5.4 Concurrent Use of Leave .................................................................... 12 7.5.5 Leave Accounting ............................................................................... 12 7.6 Bereavement Leave ....................................................................................... 12 111 City of South San Francisco Public Safety Managers Compensation Plan Page iv 7.6.1 Definition of Family Member ............................................................. 12 7.6.2 Leave Within California ...................................................................... 13 7.6.3 Leave Outside California .................................................................... 13 7.7 Industrial Injury Leave .................................................................................. 13 7.8 Military Leave ............................................................................................... 13 7.9 Pregnancy Disability and Childcare Leave .................................................... 13 7.10 Disability Leave ............................................................................................. 13 7.10.1 Separate Employee from City ............................................................ 13 7.10.2 Leave of Absences ............................................................................. 13 7.10.3 90-day Qualification Period ............................................................... 13 8 Recreation Facilities and Programs ......................................................................... 14 8.1 Admission to Classes ..................................................................................... 14 8.2 Use of Facilities ............................................................................................. 14 9 Grievance Procedure ................................................................................................ 14 10 Disciplinary Action .................................................................................................. 14 11 Administration of Compensation Program .............................................................. 14 11.1 Full and Entire Agreement ............................................................................. 14 l !.2 Administration of Program ............................................................................ 14 11.3 Annual Meeting ............................................................................................. 14 12 Signatures ................................................................................................................. 15 Appendix A Public Safety Managers Classifications .............................................. 16 Appendix B Salary Adjustment ............................................................................... 17 Appendix C Side Letter of Agreement: Dental and Retiree Medical Benefits ........ 18 Appendix D Staff Report Appendix ........................................................................ 19 F:XFi~ C~binet~:BI~I~m~PSMkMOIJXPSM ~ 024)4 doe.doe iv Public Safety Managers Compensation Plan This Public Safety Managers Compensation Plan sets forth those salaries, benefits, and terms and conditions of employment for those employees in the Public Safety Managers Unit (hereafter, referred to as "employee"), in effect for the period beginning January 1, 2002 and continuing through December 31, 2004, and thereafter unless modified by the City Council. This Agreement may be extended to December 31, 2007 as indicated in Side Letter C. Ar cle 1. Public Safety Managers Defined The Public Safety Management Employee Unit shall consist of all full-time regular employees in the positions designated in Appendix A, which are included in the exempt service of the City of South San Francisco, and also includes such classifications as may be added to this Unit by the City at a later date. Article 2. Salary 2.1 Increases ("Me Too" Clause): In order to ensure wage equity between the Public Safety Managers and their subordinate employee.s, Fire Service Public Safety Managers shall receive the same percentage wage increase provided to the Firefighters Association (IAFF) employees between 1/1/02 and 12/31/04. Police Service Public Safety Managers shall receive the same percentage wage increase provided to the Police Association (PA) sworn employees between 1/1/02 and 12/31/04. These increases shall begin on the same date that the respective Association employees receive their wage increases. Public Safety Managers shall not be guaranteed these increases, however, if given to IAFF or PA employee after 12/31/04 or if the City and the Unit have not reached an agreement on a successor Compensation Plan prior to 1/1/05. 2.2 Classification Compaction: To ensure an adequate salary spread for the Police Service Public Safety Managers, the top step of the salary schedule for the Police Lieutenant classification, including all incentives, shall be no less than 15% above the top step of the Police Sergeant classification, including all incentives. The Police Lieutenant and Police Captain classifications shall maintain the same salary spread as currently in place. 2.3 Salary Schedule: Each Unit-covered position shall contain 5 pay steps. Individuals in these positions may progress through the salary schedule based on satisfactory performance, but no sooner than 6 months between steps 1 and 2, and 12 months between steps 3, 4, and 5. 2.4 Temporary Assignment to Higher-level Positions: An employee assigned to the full scope of the duties of a higher classification shall not be paid the salary of that higher classification unless the employee serves in that capacity for 30-calendar days or more. If this occurs, the employee shall receive the pay of the higher classification commencing with the first day of said service. An employee so assigned must meet the minimum qualifications for the position to which assigned. City of South San Francisco Public Safety Managers Compensation Plan Page 2 Aracle 3. Other Pay 3.1 Longevity Pay: Public 3.2 Safety Management employees will receive an additional compensation based on total years of full-time, regular employee City service, according to the following schedule: 3.1.1 After 15 Years of Service: Each employee who has completed 15 years of service shall have 1.5% increase in pay added to the employee's actual hourly rate of pay for each hour in paid status. 3.1.2 After 20 Years of Service: In addition to 3.1.1 above, each employee who has completed 20 years of service shall have an additional 1.0% increase in pay added to the employee' s actual hourly rate of pay for each hour in paid status. Extra Shift Pay: Employees in the Battalion Chief and Police Lieutenant classifications are eligible to receive extra shift pay for working an extra work shift for which they are not normally scheduled. This pay does not apply if the Battalion Chief only works a partial extra shift and does not apply when a Battalion Chief or Lieutenant is required to attend meetings or complete assignments outside his/her regular work schedule. 3.2.1 Qualifying Shifts: Extra shift pay is only for work as defined above beyond the employee's normal work schedule and is not for hours needed to attend meetings or complete assignments. 3.2.2 Compensation Amount: Battalion Chiefs will be compensated at 1.5 times what would be their 56-hour per week hourly rate of pay for each hour of the full shift worked. Police Lieutenants will be compensated at 1.5 times what would be their 40-hour per week hourly rate of pay for each hour of the shift worked. This pay mayor may not be PERSable as determined by PERS. 3.2.3 Department Head Review: The respective Police Chief or Fire Chief, or their respective designees, will have the absolute discretion to determine the specific shifts that qualify for this program, with no appeal rights for the employee. 3.2.4 No Affect on Employee's Right to Overtime: The Unit understands and agrees that the City's decision to pay Battalion Chiefs and Lieutenants extra shift pay does not change these employees' status as being exempt from overtime under the Fair labor Standards Act and does not entitle them to overtime under this Compensation Plan or state or federal law. 4. Payment of Compensation Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of the City payroll period. Each payperiod consists of 14-calendar days and begins on Friday, which is the first day of the payperiod and ends on the Thursday the last day of the payperiod. Employees who are on continuous paid regular service for a partial payperiod shall receive pro-rated compensation for the payperiod at the rate of 1/80th of the employee's biweekly salary rate for each hour of the payperiod that the Page 3 City of South San Francisco Public Safety Managers Compensation Plan employee was on continuous paid regular service. All 56-hour employees shall receive prorated compensation for the payperiod at the rate of 1/112 of the employee's biweekly salary rate for each hour of the payperiod that the employee was on continuous paid regular service. 5. Health and Welfare Benefit Plans Full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City's contracts with health insurance providers, as follows: 5.1 Medical Insurance 5.1.1 Available Medical Plans: Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following HMO plans: 5.1.1.1 Kaiser Permanente Foundation Health "S" Plan. 5.1.1.2 Blue Shield. 5.1.2 Payment of Premium Costs: The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 5.1.3 Effective Date of Coverage: The effective date of health insurance shall be the first of the month following the date of hire, .provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 5.1.4 Domestic Partner Coverage: Effective 9/1/02 domestic partner benefits, subject to state and federal regulations and City requirements, are available to eligible members. 5.1.5 Medical Insurance for Employees Who Retire: An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue health insurance coverage with one of the City's plans, again, subject to the terms and conditions of the City's contracts with its providers. The City shall continue to pay the premium costs for the retiring employee only and the retiring employee shall bear the premium costs for any dependents. 5.2 Dental Insurance: 5.2.1 Available Plan: Eligible employees and their dependents shall be provided dental insurance through Delta Dental Plan of California - Progressive Plan. 5.2.2 Payment of Premium Costs: The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 5.2.3 Effective Date of Coverage: Coverage is effective on the first day of the month following completion of 6 full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. City of South San Francisco Public Safety Managers Compensation Plan Page 4 5.3 5.4 5.2.4 Dental Insurance for Employees Who Retire: An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue dental insurance for themselves and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee will be completely responsible for these payments and for continuing the insurance coverage. Vision Insurance: 5.3.1 Available Plan: Eligible employees and their dependents shall be provided Vision Insurance Plan - Plan "B" with a $10.00 deductible. 5.3.1.1 Tint Coverage: Effective 9/1/02, smoked-color eyeglasses coverage will be-available for eligible employees and their dependents. 5.3.2 Payment of Premium Costs: The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 5.3.3 Effective Date of Coverage: Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 5.3.4 Vision Insurance for Employees Who Retire: An employee who retires on a service, industrial disability, or non-industrial disability retirement from the City shall be provided the opportunity to continue vision insurance for self and eligible dependents under the City's group plan by paying for the premium payments through the City. The employee will be completely responsible for these payments and for continuing the insurance coverage. Discretionary Benefit Option. An employee may elect to receive deferred compensation monies in lieu of medical, dental, and vision benefits through the City. 5.4.1 Proof of Alternate Insurance: The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 5.4.2 Method of Computation: The City shall determine the total premium dollars for employees who are members of each of the City's medical plans, and then divide it by the number of members to get the average medical cost. The dental and vision composite rates will be added to the average medical cost. This total will be the amount deposited in the employee's deferred compensation account in lieu of the paid medical, dental, and vision benefits. 5.4.3 Exercising the Option: Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction a bona-fide need. 4 Page 5 City of South San Francisco Public Safety Managers Compensation Plan 5.5 5.6 5.7 5.8 5.9 Life and Accidental Death and Dismemberment Insurance: 5.5.1 Term Life Value: The Term Life Insurance for employees has a face value equal to 200% of the employee's annual base earnings, rounded to the next higher multiple of $1,000, if not already a multiple of $1,000. The maximum amount of term life insurance after an eligible employee's 70th birthday is $100,000. 5.5.2 AD&D Value: Accidental Death and Dismemberment Insurance available for employees is in an amount equal to 200% of annual base earnings, rounded to the next higher multiple of $1,000, if not already a multiple of $1,000. The maximum amount of AD&D after an eligible employee's 70th birthday is $100,000. 5.5.3 Payment of Premium Costs: The City shall pay the premium costs for eligible employees to the insurance provider. 5.5.4 Effective Date of Coverage: Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. Disability Insurance Program: Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 5.6.1 Short-term Disability: After a 20-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begins. 5.6.2 Long-term Disability: After a 90-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 5.6.3 Payment of Premium Costs: The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 5.6.4 Effective Date of Coverage: Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. Section 125 Plan: Based on the terms and conditions of the City's plan, each employee may participate in the IRS-defined Section 125 plan. 5.7.1 Health Care Reimbursement: This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 5.7.2 Dependent Care Reimbursement: This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. Section 457 Deferred Compensation Plan: Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. Retirement Plans: Eligible employees shall participate in the Public Employees' Retirement System (PERS) Local Safety Members 2% at age 50 Formula. 5.9.1 Optional Provisions Added: Optional Public Agency provisions under the Public City of South San Francisco Public Safety Managers Compensation Plan Page 6 5.10 Employees' Retirement System shall also be as set forth for the respective specific police and fire units. They are generally as follows: 5.9.1.1 Survivor Allowance: 1959 Survivor Allowance as set forth in the Public Employees' Retirement Law, third tier benefits. 5.9.1.2 Single-highest Year Compensation: One-year highest compensation as set forth in Public Employees Retirement Law (PERL). 5.9.1.3 Military Service Credit: Military Service Credit as public service as provided by law. 5.9.1.4 Sick Leave Credit Provision: Sick Leave Service Credit as set forth in PERL. 5.9.1.5 Retirement Enhancement Formula: The 3% at age 50 retirement formula will be provided for Public Safety Managers fire members, effective the payperiod including 12/1/02, and for Public Safety Managers police members, effective the payperiod including 1/1/03. 5.9.2 Employee Contributions to Retirement Systems: The rate prescribed by PERS for Safety Employees is 9% of salary. The remainder of any rate that may be subsequently prescribed by PERS for employee contributions, shall be deducted from employees' pay by the City in accordance with the rules and regulations governing such contributions. 5.9.3 IRS Tax Exemption: The City has obtained an 41414_2 exemption from the Internal Revenue Service granting a deferral from federal withholding taxes of that portion of the employees contribution to PERS that was at one time paid by the City. The exemption is for all employees in the Unit. Employees are responsible for individual PERS contributions and receive the 414(h)(2) exemption. Education Expense Reimbursement Program: All full-time regular employees are eligible to participate in this program. 5.10.1 Education Expense Reimbursement Amount: An employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of 50%, not to exceed $500 per fiscal year for the costs of tuition, fees, and course materials. Reimbursement is made upon successful completion of the course and submission of a grade C or better or pass designation, if it is a pass/fail course. In order to qualify for reimbursement, the employee must do the following: 5.10.2 Qualifying for Education Expense Reimbursement Program: Prior to enrollment, the employee must receive the written approval of the department head. The employee will submit a description of the course and the request, briefly describing the manner in which the employee believes the course may advance the employee's career with the City and/or how the course is job-related. The department head will make a determination to accept or reject the request. 5.10.3 Reimbursement Request: The employee must then submit a request reimbursement to the City Manager, which includes the following: 5.10.3.1 A copy of the department head's written approval of the course. 5.10.3.2 A copy of the employee's grade for the course. 5.10.3.3 Receipts for all expenses related to the course with a total amount requested for reimbursement. Page 7 City of South San Francisco Public Safety Managers Compensation Plan 5.11 5.12 5.10.4 Repayment for Course Costs: For every cumulative $500.00 of reimbursement for educational expense that the employee receives, the employee must agree to remain in City employment for an additional 12-month period. The employee will be required to reimburse the City for the proportional amount of the reimbursement received should the employee voluntarily separate from City employment for any reason other than illness or injury before completing this employment obligation. Deceased Employee/Retiree Benefits: The City will allow the spouse of a deceased employee/retiree to purchase insurance from a City-provided medical, dental, or vision plan at the City's premium rate, provided: · There is no cost to the City. · The health provider does not require a City contribution. · The City is held harmless if the coverage is discontinued. Payment of Unused Accumulated Sick Leave: 5.12.1 Accrued After 7/1/86: Upon separation from City employment as a result of a work-related injury or illness, full service retirement after 10 years of service, retirement at age 50, or death, an employee shall be entitled to be paid half of the employee's accumulated sick leave at the time of the event. In no case shall an employee receive more than 600 hours (1/2 of 1,200 accrued hours) of paid sick leave, regardless of any amounts credited on July 1986, for the period when the 90-day sick leave plan was in effect. Payment of unused sick leave shall be made at the employee's actual hourly rate of pay. Battalion Chiefs who work a 56-hour workweek will have their hourly rate convened to the 40-hour equivalent and payment for excess sick leave pursuant to this provision shall be made at the 40- hour rate. 5.12.2 Payment of Unused Accumulated Sick Leave for Certain Employees - Retroactive: An employee who had accumulated unused sick leave as of 6/27/75, under the discontinued sick leave accumulation plan, shall receive payment for 50% of the recorded hours, at the employee's discretion either within 60 days from the date that this agreement goes into effect or upon the separation of the employee from the City's employment at the employee's actual hourly rate of pay. At the option of the employee, payment may be deferred to the first payperiod of the calendar year immediately following the date Of separation. In no case shall an employee receive more than 600 hours (1/2 of 1,200 accrued hours) of paid sick leave, regardless of any amounts recorded as of 6/27/75 in excess of 1,200 hours. Anicle 6. Holidays 6.1 Monday-Friday Employees: All regular employees, who work a Monday through Friday schedule shall receive time off for each City holiday, except as otherwise noted. 6.2 Continuous Service Employees: City of South San Francisco Public Safety Managers Compensation Plan Page 8 6.2.1 6.2.2 6.3 6.4 6.5 6.6 6.7 Battalion Chiefs: Employees who work a 56-hour schedule shall receive holiday compensation in lieu of paid time off as follows. 6.2.1.1 Full-day Holidays: An additional 10.7% of the biweekly wage rate for which the employee would otherwise qualify for each payperiod in which the authorized holidays as listed in this Section occurs. 6.2.1.2 Half-day Holidays: An additional 5.35% of the biweekly wage rate for which the employee would otherwise qualify for each payperiod in which the authorized holidays as listed in this Section occurs. Other Employees: All other employees, who by nature of the assignment, and who are unable to observe City holidays, shall be compensated for the authorized holidays as described below. 6.2.2.1 Full-day Holidays: Eight hours of straight time pay for the holiday and straight time for the hours worked. 6.2.2.2 Half-day Holidays: Four hours of straight time pay for the holiday and straight time for the hours worked. Paid Status Before and After a Holiday: Regular employees in paid status the entire day before, as well as the entire day after a holiday is observed by the City, shall be entitled to receive compensation for 8 hours of holiday time for each full- day holiday and 4 hours of holiday time for each half-day holiday. Holiday time shall be considered as hours worked. Observed Full-day Holidays: The City observes the following holidays: January 1 ................................................................... New Year's Day Third Monday in January .......................................... Martin Luther King, Jr. Day Third Monday in February ........................................ President' s Day Last Monday in May ................................................. Memorial Day July 4 ......................................................................... Independence Day First Monday in September ....................................... Labor Day Second Monday in October ...................................... Columbus Day Observed November 11 ............................................................. Veteran's Day Fourth Thursday in November .................................. Thanksgiving Day Friday following Fourth Thursday in November ...... Day After Thanksgiving December 25 ............................................................. Christmas Day Observed Half-day Holidays: In addition, the City observes the following half- day holidays: December 24 ............................................................. Christmas Eve Day December 31 ............................................................. New Year's Eve Day National Day: In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and it directs the closure of the City offices for public service. Any such day shall be granted only to those employees who are regularly scheduled to work on the day for which such day is proclaimed. Days of Holiday Observation: Holidays which fall on Sunday shall be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. Half-day holidays shall be observed on the workday Page 9 City of South San Francisco Public Safety Managers Compensation Plan 6.8 6.9 immediately proceeding the day upon which Christmas Day and New Year's Day are observed. Discretionary Holiday: Each full-time regular employee is eligible for one-full day holiday, in addition to the holidays observed by the City. This holiday may be taken before the last full payperiod prior to the end of each year. Any employee who has not taken this holiday before the last full payperiod prior to the end of each year will be paid for the unused holiday at the employee's actual hourly rate of pay. Holidays Worked for M-F Staff: Monday through Friday Police Lieutenants and Battalion Chiefs, who would normally not work holidays, may actually work 6 additional 8-hour holidays each year for straight-time compensation. The respective department head will determine specific holidays that qualify for this program. Article 7. Leaves 7.1 Vacation Leave: Each full-time regular employee shall earn and be granted vacation leave in accordance with the following accrual schedule: 7.1.1. Length of Continuous Service Biweekly Accrual Rate Start date through completion of 4th year ................. 4.62 hours Fifth through 14t~ year .............................................. 6.16 hours Fifteenth through 24th year ....................................... 7.69 hours Twenty-fifth and succeeding years .......................... 9.23 hours 7.1.2 Vacation Maximum Accrual: An employee may accumulate up to 2 times annual accrual rate as unused vacation and carry-over such accumulated vacation from year to year. An employee who has accrued more than that amount will be compensated for the excess in Januar~y of each year. Those employees who request to exceed the maximum accrual amount without being paid for the excess in January may only do so with the express written permission of the City Manager. Employees do not earn vacation pay while they are on unpaid leave of absence. 7.1.3 Payment on Separation: An employee who retires or separates from City employment and who has accumulated unused vacation leave, shall be compensated for all leave at the employee's actual hourly rate of pay at the date of retirement or separation. Battalion Chiefs who work a 56-hour workweek will have their hourly rate converted to the 40-hour equivalent and will be compensated in pay at the 40-hour rate. 7.1.4 Vacation Leave Compensation: Employees who have scheduled a minimum of 2 workweeks of vacation during each calendar year shall be permitted to receive the cash value of up to 48 hours of unused but accrued vacation. Requests for payment of accrued vacation may be processed within 45 days of the scheduled leave. Battalion Chiefs who work a 56-hour workweek will have their hourly rate 9 City of South San Francisco Public Safety Managers Compensation Plan Page 10 7.2 7.3 converted to a 40-hour equivalent and will be compensated in pay for unused vacation leave at this rate. 7.1.5 Amount Used for Each Vacation Day: Battalion Chiefs who work a 56-hour workweek will be charged 13.3 hours for every 24 hours off. All other employees shall charge hour for hour. Administrative Leave: Each full-time regular employee shall be entitled to receive administrative leave in recognition of the City's expectation that members routinely and consistently perform their position duties during times in excess of the normal 5-day, 40- hour workweek. Battalion Chiefs who work a 56-hour workweek will be paid all administrative leave at a 40-hour rate. 7.2.1 Administrative Leave: Administrative Leave of 40 hours per fiscal year shall be accrued on July 1st of each fiscal year and may be taken in paid time off or directly compensated at the employee's actual hourly rate of pay at the time compensation is requested. A new employee shall be entitled to receive administrative leave at the rate of 1.538 hours for each payperiod of employment remaining in the fiscal year during which the employee was hired. Administrative leave may not be carried forward from one fiscal year to the next and must be used before the commencement of the last payperiod of the fiscal year. 7.2.2 Supplemental Administrative Leave: Employees are also eligible to receive up to an additional 40 hours of administrative leave per fiscal year. It is recognized that not all members of this Unit will satisfy the eligibility criteria and only those satisfying the criteria may receive additional hours. 7.2.2.1 Qualifying for Supplemental Leave: To qualify for supplemental leave, an employee must be required to work additional hours substantially in excess of the customary workweek. The employee's department head will make the determination as to whether an employee is "required to work" additional hours. In making this determination, the department head will distinguish between that which is typical versus that which is extraordinary. Illustrative of the factors to be considered are the extent to which an individual: · Attends evening meetings and whether attendance is a recurring obligation. · Regularly performs City-related duties beyond usual working hours in response from direction by department head or designee. 7.2.2.2 Recommending Supplemental Leave: Once a department head has identified proposed supplemental hours, the recommendation shall be submitted to the City Manager for approval. 7.2.2.3 Unused Supplemental Leave: Supplemental administrative leave earned but not used may not be carded forward from one fiscal year to the next, nor may unused hours be converted to compensation. Non-industrial Sick Leave: An employee who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his/her classification as the result of an injury or illness, which is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 10 Page 11 City of South San Francisco Public Safety Managers Compensation Plan 7.4 7.5 7.3.1 Accrual: Each employee will accrue sick leave at the rate of 8 hours per month. 7.3.1.1 Prior to 7/1/86: In additi6n, each employee in City service on 7/1/86 will be credited with an amount of sick leave, which would have been accrued during the period of the 90-day sick leave plan, including the deduction for any usage should the employee voluntarily separate from City employment for any reason other than illness or injury before completing this employment obligation; 7/1/86. Family care, bereavement leave, and medical appointment leave will not be counted. 7.3.2 Sick Leave Conversions: Effective 7/1/02, sick leave will not be converted at the time of appointment to a Unit-covered classification or at any other time during the employee's tenure in a Unit-covered classification. 7.3.3 Usage: All employees in the Unit will use sick leave on an hour-for-hour basis with the exception as defined below. 7.3.3.1 Fire Shift Employees: 56-hour shift employees who miss work for sick leave purposes for 8 or more consecutive calendar days will be charged for 40 hours of sick leave for each 7-day period of absence. Partial week absences will be charged for each day absent at 8-hours per day. 7.3.4 Definition of a Separation from City Employment as a Result of a Work-related Injury or Illness: A separation arising out of a work-related disability, which is of a serious or life/threatening nature, that prohibits the employee from engaging in his/her usual or customary occupation or a similar occupation, and which severely limits the employee's mobility and ability to engage in productive and gainful employment with or without reasonable accommodation. 7.3.5 Sick Leave Management Policy: The City's Sick Leave Management Policy Administrative Instruction defines abuse of sick leave as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum sick leave use, and reporting should conform to a general City standard. 7.3.5.1 Review Standard: Those employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. Medical Appointment Leave: An employee may be granted up to 8 hours per year of leave without loss of salary or benefits for the purpose of going to appointments with medical doctors or dentists in instances where the employee is reasonably unable to arrange for such appointments to occur during non-work time. This leave is limited to the first 8 hours taken to attend medical appointments. All others hours taken for this purpose will be charged to sick leave. Paid Family Care Leave: 7.5.1 Definition of Family Member for Paid Family Care Leave: For the purposes of Paid Family Care Leave, a family member shall include the employee's spouse, child, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, and son-in-law. In addition, the department head or designee may grant leave to an employee for some other person (other then family member, as listed), if in the opinion of the 11 City of South San Francisco Public Safety Managers Compensation Plan Page 12 7.6 department head or designee, there exists or existed an extraordinary close familial relationship between the employee and such other person. 7.5.2 Eligibility for Paid Family Care Leave: An employee may be granted up to a maximum of 32 hours of paid leave during each calendar year. 7.5.2.1 56-Hour Employees: Effective the payperiod including 9/1/02, for 56-hour employees, Paid Family Care Leave shall be 24 hours per year for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined above. 7.5.2.2 40-Hour Employees: Effective the payperiod including 9/1/02, for 40-hour employees, Paid Family Care Leave shall be 16 hours per year for the purpose of obtaining medical consultation or treatment or for caring for an injured or ill family member as defined above. 7.5.2.3 Elimination of Leave--Effective the payperiod including 1/1/03, the remaining hours of the Paid Family Care Leave for both 56-hour and 40- hour employees will be eliminated. 7.5.3 Sick Leave as Family Care Leave: Employees accrue sick leave each year as defined in the sick leave section of this agreement. In recognition of Labor Code 233, effective 1/1/00, employees are permitted to use up to half of their annual sick leave accrual, in any calendar year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick family member as defined below. 7.5.3.1 Definition of Family Member for Sick Leave as Family Leave Purposes: A family member, as defined in Labor Code 233, shall include the employee's spouse, child, mother, and father. 7.5.3.2 Leave Amount: The combined total of hours taken for family care purposes pursuant to Labor Code section 233, including any leave used from the Paid Family Care Leave provision as defined above, if eligible, shall not exceed one-half of the employee's annual accrual of sick leave. Sick leave for Family Care for all public safety manager employees is taken at an hour-for-hour rate. 7.5.4 Concurrent Use of Leave: This leave may run concurrently with any family care leave permitted under federal or state law. 7.5.5 Leave Accounting: The accounting for paid family care leave and sick leave as family care shall be on a payroll calendar year basis, effective the payperiod including January 1st of each year. Bereavement Leave: An employee may be granted paid leave of absence upon the death or for the funeral of a family member as defined below. 7.6.1 Definition of Family Member: For the purposes of Bereavement Leave a family member shall include the employee's spouse, child, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, sister-in-law, brother-in- law, daughter-in-law, and son-in-law. In addition, the department head may grant leave to an employee for some other person if, in the opinion of the department head, there exists or existed an extraordinarily close familial relationship between the employee and such other person. 12 Page 13 City of South San Francisco Public Safety Managers Compensation Plan 7.7 7.8 7.9 7.10 7.6.2 Leave Within California: Employees working 40-hour workweeks may be granted up to a maximum of 24 hours of bereavement leave, per occurrence, and employees working 56-hour workweeks will be granted up to 2 shifts for the death or for attending the funeral of a family member within California. 7.6.3 Leave Outside California: Employees working 40~hour workweeks may be granted up to a maximum of 40 hours of bereavement leave, per occurrence, and employees working 56-hour workweeks will be granted up to 3 shifts for the death or for attending the funeral of a family member outside California. Industrial Injury Leave: An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness, which has been determined to be industrially caused necessitating absence from work, shall be entitled to receive paid injury leave without loss of salary or benefits as provided for in Labor Code Section 4850 and its related sections. Military leave: Military leave shall be granted in accordance with the applicable federal or state law. Pregnancy Disability and Childcare Leave: Employees may be granted up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions or for reason of the birth or a child or the placement of a child with an employee in connection with adoption. These leaves may run concurrently with Pregnancy Disability, Family Medical Leave Act, or the California Family Rights Act. Disability Leave: After an employee qualifies for long-term disability insurance benefits in accordance with the requirements of the City's policy, the City shall determine whether to do the following: 7.10.1 Separate Employee from City: Separate the employee from his/her position if the employee is unable to perform the essential functions of his/her job with or without reasonable accommodation. 7.10.2 Leave of Absence: Grant the employee a leave of absence without pay for any period up to 365 calendar days or a reasonable extension thereof if there is medical documentation to support the fact that the employee should be able to remm back to work to perform the essential functions of his/her job with or without accommodation at the end of the leave of absence. If the City grants an employee a leave of absence without pay for any period and the employee is unable to resume work prior to or at the expiration of such leave, the City may subsequently grant additional leave or separate the employee from City service. An employee, who has been granted a leave of absence without pay, may request and receive payment for any unused vacation accumulated by the employee. The City will continue to pay medical, dental, and vision insurance premiums for a disabled employee until the date upon which employee is separated from City employment. 7.10.3 90-day Qualification Period: In cases where an employee has applied for and qualified for long-term disability benefits, the City will not separate an employee until the employee from City service until the 90-day qualification period has expired, unless the City and the employee agree to an earlier separation date. 13 City of South San Francisco Public Safety Managers Compensation Plan Page 14 Article 8. Recreation Facilities and Program 8.1 Admission to Classes: All regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12- month period. (Lab fees or ingredient fees not included.) 8.2 Use of Facilities: Employees using City recreation facilities and em'oiled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the department responsible for the program. 9. Grievance Procedure Classified employees are eligible to invoke the Grievance Procedures as noted in the City of South San Francisco Personnel Rules and Regulations Manual. 10. Disciplinary Action The City shall take disciplinary action against a classified employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations Manual. Ar ol 11. Administration of Compensation Prosr m 11.1 Full and Entire Agreement: Public Safety Managers Representation Unit Compensation Program sets forth the full and entire compensation program for members of the group and prior or existing agreements regarding these matters, whether formal or informal, are hereby superceded or terminated in their entirety. In the event that the provisions of this Compensation Program are found to be in conflict with a City rule, regulation, or Agreement, the provisions of this Program shall prevail over such conflicting rule regulation, or agreement. 11.2 Administration of Program: The City Manager through the Personnel Officer shall administer the Compensation Program and may establish such pohcies, rules, and regulations as are deemed appropriate to the effective administration of the Program. Employees shall comply with such policies, rules, and regulations as estabhshed by the City Manager, who shall be empowered for any purpose deemed by the City Manager to be appropriate to the circumstances. Annual Meeting: On a yearly basis, or more frequently if needed, and prior to making any revisions to this Compensation Program, the City will meet with members o:[ the Public Safety Managers Unit. 11.3 14 Page 15 City of South San Francisco Public Safety Managers Compensation Plan Article 12. Signatures Except as amended herein and hereby, all terms and conditions of the Compensation Plan between the City of South San Francisco and the Public Safety Managers as set forth originally in the Plan for the period of January 1, 2002 through December 31, 2004 shall remain in full force and effect for the contract term set forth herein. Signed this ~/7 ~/t dayof ~6' ¢c~ ,20~Px,, by For the City / Managers F:~ile Cabinet',EEl~lationskPSlVIXMOlJ~PSM F'mal 02-04 doc.doc 15 City of South San Francisco Public Safety Managers Compensation Plan Page 16 Appenaix A Public Safety Managers Classifications Those classifications in the Public Safety Managers Unit are the following: Deputy Fire Chief Fire Battalion Chief Fire Marshal Police Captain Police Lieutenant 16 Page 17 City of South San Francisco Public Safety Managers Compensation Plan Appendix B Salary Adjustments Salary increases are set forth below and shall be effective on the payperiod that includes January 1st or July 1st, of each year depending on the department to which the Unit member belongs. Salary rates shall be increased as outlined below. A salary survey will be conducted for the respective fire Unit and the resultant percent increases for firefighter classification will be reflected for all public safety fire members by mid-July 2002, 2003, and 2004 effective July 1st of each year. A salary survey will also be conducted for the respective police Unit, and the resultant percent increases for the sergeant classification will be reflected for all public safety police members effective January 1st of each year that a survey is conducted between 1/1/02 and 12/31/04. Classification 7/01 1/02 7/02 1/03 7/03 1/04 Battalion Chief ........................... 5.84% 0% TBD 0% TBD 0% Deputy Fire Chief ........................5.84% 0% TBD 0% TBD 0% Fire Marshall ............................. 5.84% 0% TBD 0% TBD 0% Police Lieutenant ........................0% 4% 0% 4% 0% TBD Police Captain ............................ 0% 4% 0% 4% 0% TBD 17 City of South San Francisco Public Safety Managers Compensation Plan Page 18 Appendix C Side Letter of Agreement Dental and Retiree Medical Benefits C.1 C.2 Dental Coverage: The Unit requests to explore the feasibility of increasing dental insurance benefits above the current $1,500 per year to match that of IAFF. This modification, if accepted, would occur no later than 1/1/03. The criteria for this change would be the changing of disability insurance carriers that would result in a significant savings and a reduction in life insurance benefits. The savings would then be used to fund the increase in dental insurance. Retiree Spouse Medical Coverage: In the event that the City institutes a retiree spouse medical plan for any other City unit, such plan will also be available for this Unit. The City and the PSM Unit will meet to discuss the components of the plan, and if the PSM Unit wishes to participate in the program under the same terms as the other unit, the Public Safety Managers Agreement will be extended by an additional 3 years after its original expiration date, through 12/31/07. 18 Page 19 City of South San Francisco Public Safety Managers Compensation Plan Appendix D Staff Report 1. Agreement - Three-year agreement from U1/02 through 12/31/04 with a possible 3-year extension if retiree spouse medical is added during the life of the agreement. 2. PERS Retirement enhancement - Include any retirement enhancements per for their respective public safety units: implement Pre-retirement Optional Settlement 2 Death Benefit by 12/1/02 for fire members. Provide 3 % at age 50 retirement benefit as per their respective public safety units: Police by the payperiod including 1/1/03 and for fire by the payperiod including 12/1/02. 3. Compensation - Adjust salaries main for respective public safety units, effective 7/1 of each year for COLAs and retroactive to 7/1 or 1/1 of each year depending on respecting public safety unit (police normally 1/1; fire normally 7/1) for surveys. To ensure an adequate salary spread, the top step of the salary schedule for the Police Lieutenant classification, including all incentives, shall be no less than 15% above the top step of the Police Sergeant classification, including all incentives. The Police Lieutenant and the Police Captain classifications shall maintain the same salary spread as in place now. 4. Paid Family Care Leave - Reduce paid family care leave for 56-hour employees to 24 hours beginning the payperiod including 9/1/02, and eliminating all paid family care leave with the payperiod beginning 1/1/03. 40-hour employees leaves are 16 hours beginning 9/1/02 and all are eliminated by 1/1/03. 5. Specialty Pay Program - establish a specialty pay program with specific criteria for Battalion Chiefs and Police Lieutenants positions in which they may work extra shifts and be compensated at 1.5 times their actual hourly rate of pay for those shifts. The respective department head will determine specific shifts that qualify for this program. 6. Holiday Compensation - Monday through Friday Police Lieutenants and Battalion Chiefs, who would normally not work holidays, may actually work additional 8-hour holidays each year for straight time compensation as determined by their respective chiefs. 7. Domestic Partner Benefits - By 9/1/02, if there are no increases in direct costs and as provided by law, the City will provide domestic partner benefits to this Unit. 8. Dental - provide for Side Letter to allow members to explore by 1/1/03 the possibility of modifying dental benefits to that afforded IAFF members. In order to adjust for the costs of an enhanced dental program, the entire unit must exchange short-term and long-term disability providers to the same provider as IAFF, and must reduce or eliminate City-offered life insurance. 9. Vision Insurance - By 9/1, adjust vision benefits to provide for tint lenses. 10. Provide for Side Letter to add retiree spouse medical benefit. In the event the City institutes a retiree spouse medical plan for any other City unit, such plan will also be available for the PSM unit. The City and the PSM Unit will met to discuss the components of the plan, and if the PSM unit wishes to participate in the program under the same terms as the other unit, the PSM MOU will then expire 3 years after its original expiration date. 11. 2/4 Work Schedule -consistent with their direct reports for fire members. 12. Continue Uniform Allowance with adjustments as for their respective public safety units. 13. Language - modify language in the following areas: · Add Sick Leave as Family Care Leave as required by law. · Adjust Pregnancy Disability Leave and Childcare Leave to be consistent with law. · Modify Sick Leave Management Plan. · Modify Sick Leave Conversion, Vacation Conversion, and Sick Leave Charged. · Adjust Bereavement Leave for consistency with respective units. · Adjust MOU format, such as grouping like sections together. 19 StaffReport DATE: TO: FROM: SUBJECT: October 23, 2002 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Agreement between the City of South San Francisco Executive Management unit and the South San Francisco RECOMMENDATION Adopt a resolution authorizing the City Manager to sign an agreement extension with the South San Francisco Executive Management unit. This unit consists of department heads and the Assistant City Manager. BACKGROUND After concluding contract negotiations, an agreement has been reached on an extension to the current contract. Based on Council's direction, a salary program has been agreed upon, as well as enhancements to retirement benefits. The attached Exhibit summarizes the proposed salary and benefit changes. A side letter agreement to the current Compensation Plan document will be prepared, subject to review and approval of the City Attorney, which incorporates these agreed-upon terms and conditions of employment. By: Dirges City Manager Attachments Exhibit A JAB- I0/i 7/02 F:~ile CabinetkEERelationsXXmgmt\02',Final Resolution.doc RESOLUTION NO. CITY COUNCIL CITY OF SOUTH SAN FRANCISCO A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE A SIDE LETTER AGREEMENT WITH THE SOUTH SAN FRANCISCO EXECUTIVE MANAGEMENT UNIT TO EXTEND THE TERM OF THEIR AGREEMENT WITH CITY THROUGH JUNE 30, 2006. RECITALS Whereas, the City of South San Francisco and the Executive Management Group have reached tentative agreement on terms for an extension of their current agreement through June 30, 2006; Whereas, the parties have agreed that those terms will be set forth in a Side Letter Agreement to be prepared by the City Manager and subject to approval as to form by the City Attorney; Now, therefore, the City Council of the City of South San Francisco does hereby resolve as follows: The City Council hereby approves the terms set forth in Exhibit A attached hereto and incorporated herein by reference and authorizes the City Manager to prepare and execute a Side Letter Agreement between the South San Francisco Executive Management Unit and the City of South San Francisco, subject to approval as to form by the City Attorney. Effective Date. This resolution shall become effective immediately upon adoption. /// /// /// /// /// /// /// I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002 bythe following vote: AYE S: NOES: ABSTAIN: ABSENT: Executive Management Reso ATTEST: City Clerk 2 Exhibit A Executive Management Salary and Benefits 1. Extend the current agreement by three years, ending 06/30/2006. 2. Modify retirement benefits to provide 2.7% retirement formula at age 55 benefit by the payperiod including 12/31/03 by PERS or alternate retirement system. 3. Adjust compensation by standard comparison agencies total compensation salary survey in each year of the extended agreement. 4. Eliminate paid family care leave by 12/31/03. StaffReport DATE: October 23, 2002 TO: Honorable Mayor and City Council FROM: John Gibbs, Public Works Director SUBJECT: EAST OF 101 SEWER MASTER PLAN RECOMMENDATION: IT IS RECOMMENDED THAT THE CITY COUNCIL ADOPT RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION FOR THE SOUTH SAN FRANCISCO SEWER IMPROVEMENT PROGRAM; AND 2) APPROVE THE EAST OF 101 SEWER SYSTEM MASTER PLAN AND ESTABLISH THE EAST OF 101 AREA SEWER FACILITY DEVELOPMENT IMPACT FEE BACKGROUND: The City of South San Francisco has been spectacularly successful in transforming the East of 101 area from a declining industrial area into a world-renowned biochemical and pharmaceutical R&D and manufacturing center. The City has recognized that this success has brought with it a need to assure adequate infrastructure so that that the growing companies in the biotechnology industry can remain competitive. The City's sewer system in the East of 101 area has been identified as older and in need of replacement. This includes older pump stations and underground sewer lines. Several major employers in the East of 101 area have expressed a desire to expand current facilities, consistent with General Plan policies and buildout expectations, but have not been able to do so because of the inadequate sewer service in this area of the city. In 1999, the City Council adopted the South San Francisco General Plan. The General Plan indicated that an adequate and properly maintained wastewater system is an important part of the City's environmental and public health protection responsibilities, and an essential infrastructure component for any urban area. The General Plan also noted that varying degrees of maintenance and upgrading would be necessary to accommodate new development. The General Plan policies include: Staff Report To: From: Subject: Date: Honorable Mayor and City Council Public Works Director East of 101 Sewer Master Plan October 23, 2002 Page 2 Policy 5.3-1-4. Ensure coordinated capital improvements with respect to the extent and timing of growth. Policy 5.3-I-5. Ensure that future residents and businesses equitably share costs associated with providing wastewater service to new development in South San Francisco. Policy 5.3-1-6. Monitor industrial discharges to ensure that wastewater quality continues to meet various federal, State, and regional standards; treatment costs should remain affordable. Policy 5.3-1-7. Encourage new projects in East of 101 area that are likely to generate large quantities of wastewater to lower treatment needs through recycling, pre- treatment, or other means necessary. General Plan Implementation and Project Description In addition to completing the expansion to the Water Quality Control Plant (WQCP) last year, the Public Works Department has been developing the South San Francisco Sewer Improvement Program to upgrade older sewer lines in the East of 101 area. The Sewer Improvement Program is intended to fulfill two objectives: 1) To remediate existing infiltration and inflow (lfl) that has been occurring within the City's sewer distribution system that results in inefficiencies in the operation of the Water Quality Control Plant. When rainwater infiltrates older sewer pipes, the flow temporarily exceeds the treatment capacity of the Plant. As a part of this program, improvements are being proposed for the WQCP to allow for construction of a wet weather holding pond to store treated effluent on a short-term basis until it can be discharged through the outfall. 2) To upgrade or replace smaller, aging sewer pipes, sewer pump stations and other sewer infrastructure components. Many pipes and infrastructure components are insufficient to meet the demands of future development. Project Location The Sewer Improvement Program is sited in the eastern portion of South San Francisco, east of US 101, described in the South San Francisco General Plan as the East of 101 area. The South San Francisco General Plan identifies four Planning Sub-Areas that will be affected by the project, including Oyster Point, Gateway, East of 101, and South Airport. (see Attachment 1: Staff Report To: From: Subject: Date: Page 3 Location Map). DISCUSSION: Honorable Mayor and City Council Public Works Director East of 101 Sewer Master Plan October 23, 2002 East of Highway 101 Sewer System Master Plan The East of 101 Sewer System Master Plan, prepared by Carollo Engineering, includes improvements to the City's sewer system within and immediately adjacent to the East of 101 area. The purpose of this effort is to replace older, leaking facilities with modem sanitary sewer lines and related improvements to protect public health, safety and welfare. The Master Plan identifies projects required to upgrade existing capacity and those projects that are required to serve new development in the East of 101 area. The recommended improvements to service future development are based on flow projections created by the engineers using a 2020 planning horizon and based on specific industry projections and calculated flows. Per the Master Plan, industry wastewater flow projections were provided by several firms in the East of 101 area, in response to a survey distributed by City staff. Future development will occur in the East of 101 area, as a result of both new development projects on currently vacant sites and conversion from existing industrial/warehouse uses to Office and Office/Research and Development uses. The Carollo Plan identifies a $21.36 million capital improvement program. Projects are listed on Table 1 and are numbered 1 through 20 in the attached City of South San Francisco, East oflO1 Sewer Facility Development Impact Fee," prepared for the City by Bartle Wells Associates. The East of 101 Sewer Facility Development Impact Fee In conjunction with preparation of the Sewer Master Plan, the City prepared the "City of South San Francisco, East of 10I Sewer Facility Development Impact Fee," report to comply with State requirements under AB 1600. According to State's Government Code, the City must document a reasonable relationship between new development and an impact fee for funding new development' s fair share of sewer facility improvements in the East of 101 area. In general, the fee may not exceed the cost of the facilities needed to accommodate the development paying the fee, and fee revenues can only be used to fund construction of the identified improvements. The Government Code also specifies accounting and reporting requirements for the use of fee revenues. The Impact Fee Report documents that the East of 101 sewer facilities will be financed via a California State Water Resources Control Board State Revolving Fund loan. Current users will pay for their share of improvements through sewer rate increases introduced to the Council in June of 2002. Future users will pay for their share of improvements through this impact fee. Staff Report To: From: Subject: Date: Honorable Mayor and City Council Public Works Director East of 101 Sewer Master Plan October 23, 2002 Page 4 At the August 21, 2002 City Council Public Hearing, Public Works staff introduced the cost recovery and impact fee concept to the City Council. The East of 101 Sewer Facility Development Impact Fee Report recommends a method of recovering the costs allocable to future users. The Impact Fee is based on the expected development in the East of 101 area, the projected need for additional sewer collection system capacity to serve the new development, the improvements that must be constructed to provide the required capacity and the costs of the improvements as analyzed in the East of Highway 101 Sewer System Master Plan. The recommended fee is $3.19 per gallon per day of anticipated wastewater flow. Project costs and capacity shares are now used to determine the impact fee as shown in the Table 4 from the Impact Fee report. The report indicates that future development's share of the costs of master plan facilities, plan preparation and environmental review total $16.4 million. Costs allocated to specific developments from Table 2 at $4.1 million are subtracted from this leaving a balance of $12.4 million. The impact fee is then obtained by dividing this $12.4 million cost of new capacity by the 3.9 mgd of capacity added. The recommended sewer collection system impact fee is thus calculated as $3.19 per gallon per day of capacity required. This is equivalent to $478 for the flow (150 gpd) from a single family dwelling unit. New development projects will be required to pay the Sewer Facility Impact fee at the time a building permit is obtained for the proposed project. The fee will be determined by the projected capacity needs based on the proposed use and the square footage of development. California Environmental Quality Act ("CEQA") Review An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to analyze the proposed South San Francisco Sewer Improvement Program and to assure compliance with the California Environmental Quality Act. The document includes an assessment of potential environmental impacts as set forth in the California Environmental Quality Act (CEQA) guidelines and recommends a number of mitigation measures to reduce potential impacts to less- than-significant levels. A copy of the Mitigated Negative Declaration is attached to the staff report. In accordance with CEQA, the IS/MND was made available for public comment for thirty days starting on July 19, 2002 and ending August 19, 2002. The City received comments from the U.S. Army Corps of Engineers, C/CAG (San Mateo County Association of Governments/Airport Land Use Commission), State Office of Planning and Research, State Water Resources Control Board, San Francisco Airport and the Federal Aviation Administration. The comments from the responsible public agencies and interested parties and the City's responses have been incorporated into the Mitigated Negative Declaration as the "Response to Comments to the Initial Staff Report To: From: Subject: Date: Honorable Mayor and City Council Public Works Director East of 101 Sewer Master Plan October 23, 2002 Page 5 Study/Mitigated Negative Declaration" and attached to this staff report. The Initial Study/Mitigated Negative Declaration concludes that the proposed project, with mitigation measures, will not have a significant effect on the environment. The text to the following mitigation measure has been modified to reflect comments from the responsible agencies during the comment period: Mitigation Measure 2: a) Prior to commencement of the Colma Creek bank stabilization portion of the project, a qualified biologist shall prepare a Construction Management Plan to ensure that any impacts to wetlands and special-status plant and animal species are minimized to the fullest extent possible. The Plan shall include fencing of sensitive areas not part of the project, limitations on work below the spring high tide elevation, and use of erosion control techniques to minimize erosion into the Creek. b) Prior to commencement of any tunneling under Colma Creek, a preconstruction survey shall be completed by a qualified biologist to ensure no sensitive plant or animal species or habitats will be disturbed by tunnel construction activities. If deemed necessary by the biologist, a Construction Management Plan shall be prepared for this portion of the project that shall include, but not be limited to, placement of construction fencing, restrictions on times of construction, restrictions on placement of trench spoils, restrictions on construction staging areas and similar features that would ensure any biological resources impacts would be less-than- significant. Necessary permits shall also be obtained from appropriate regulatory agencies. The addition of subparagraph (b) in Mitigation Measure 2 merely clarifies the scope of preconstmction review required for the Colma Creek project. Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program has been prepared which summarizes the mitigation measures contained in the Mitigated Negative Declaration, establishes time frames for completion of each, and identifies the responsible agency or individual for completion of each mitigation measure. #7 1V~ m£ (see · ~,~ ~' ~'~ ~ ~[ 24~ -.: (same scala) ~' '~ / 7 ~ " ~":~ ~ " . ' ~, , .~ ; i ~:%,.':'~.-~.....:.'~ , .. ~..,, ~ ~ . . .~%.~ .... -~ :.-.-. . ..~ ~-., : ~ ~ .,' , - ~ .... :_..:....t .- ~' x"~ ,,- ~ ~. ~ ...~ .~.~. ~ : ... ~:~ .... ..~... ~s ~ . O' .. · ~ , ~,~ ' '~ ' X~ ,'~ ,~,~,', ' ~ '~ ,.' ,~ ' '. '.'. '"_., ...... - ,.-- ......... ' , ,. ,. ..,:."~'.,. :;,:-. '...,~, SOURCE: Oarollo Engineers, March 2002. Exhibit 3 PROJECT LOCATION Sewer, Forcemain, or Riprap (see text) Pump Station Effluent Storage Pond CITY OF SOUTH SAN FRANCISCO SEWER UPGRADE PROGRAM INITIAL STUDY NOT TO SCALE San Francisco Area shown in Exhibit 3 -.~ o Brisbane So. San Francisco Montara SAN FRANCISCO INTERNATIONAL Millbme Hillsborough Mateo :osterv ;~ :: ./?--- CITY OF SOUTH SAN FRANCISCO SEWER UPGRADE PROGRAM INITIAL STUDY Exhibit 2 SITE CONTEXT f 2 3 z 5 miles RESOLUTION CITY COUNCIL, CITY OF SOI_rI'H SAN FRANCISCO, STATE OF CAI JFORNIA A RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MItiGATION MONITORING PROGRAM FOR THE SEWER IMPROVEMENT PROGRAM WHEREAS, the City has identified a need for upgrades and improvements to the City's sewer system in the East of 101 Area ("Project"); and WHEREAS, in July 2002, an Initial Study analyzing the potential environmental impacts of implementing the Project, and a proposed Mitigated Negative Declaration were prepared by the City in order to assure compliance with California Environmental Quality Act (CEQA); and WHEREAS, the Initial Study/Mitigated Negative Declaration includes an assessment of potential environmental impacts as set forth in the California Environmental Quality Act guidelines and recommends a number of mitigation measures to reduce potential impacts to less-than-significant levels; and WHEREAS, in accordance with CEQA, the proposed Mitigated Negative Declaration, together with any comments received during the public review, must be considered and approved prior to any approval of the Project; and WHEREAS, in accordance with CEQA, the Initial Study/Mitigated Negative Declaration was made available for public comment for thirty days starting on July 19, 2002 and ending August 19, 2002; and WHEREAS, comments were received from the U.S. Army Corps of Engineers, C/CAG (San Mateo County Association of Government / Airport Land Use Commission), State Office of Planning and Research, and the State Water Resources Control Board; and WHEREAS, based upon comments received during the thirty-day period, staff recommends minor revisions as shown in the draft Mitigated Negative Declaration, attached hereto as Exhibit A; and WHEREAS, the improvements identified in the 2002 Initial Study/Mitigated Negative Declaration will undergo additional separate environmental review once the improvements have been sufficiently engineered to identify their scope and potential impacts; and P. 12 WHEREAS, in accordance with CEQA, it is necessary to adopt a program for reporting on or monitoring the changes necessary to mitigate or avoid significant environmental effects. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Based on all evidence in the record, including the initial study and comments received, the Council makes the following findings in support of the Mitigated Negative Declaration: A. That there is no substantial evidence the Project will have a significant effect on the environment. B. That the Mitigated Negative Declaration reflects the City's independent judgment and analysis. 2. The Council approves and adopts the Mitigated Negative Declaration with minor changes to mitigation measures as provided in Exhibit A. 3. The Council adopts a Mitigation Monitoring Program for the Sewer Improvement Program, attached hereto as Exhibit B. 4. The Director of Pubhc Works shall keep a copy of all the documents and other materials, which constitute the record of proceedings upon which this decision is based, on file at 400 Grand Avenue, South San Francisco City Hall. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco, held on the day of ,2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk P. 13 Initial Study/Mitigated Negative Declaration SOUTH SAN FRANCISCO SEWER IMPROVEMENT PROGRAM RESPONSE TO COMMENTS Lead Agency City of South San Francisco October 2002 P. 14 Table of Contents Section 1 ............................................................................. Introduction Section 2 ......................................................... State Clearing House Notice Section 3 .............................. Letter and Comments From Responsible Agencies Section 4 ............................................................... Response to Comments Section 5 .................................................. Revisions to Mitigation Measures P. 15 Introduction In accordance with CEQA, the Initial Study/Mitigated Negative Declaration, South San Francisco Sewer Improvement Program was made available for public comment for thirty days starting on July 22, 2002 and ending August 20, 2002. The City received comments from the U.S. Army Corps of Engineers, C/CAG (San Mateo County Association of Governmems/Airport Land Use Commission), the State Office of Planning and Research, State Water Resources Control Board, the San Francisco Airport and the US Department of Transportation, Federal Aviation Administration. The commems from the responsible public agencies and interested parties, the City's response to each comment, and revisions to wording of mitigation measures have been incorporated into the" Initial Study/Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Response to Comments" and are considered to be part of the Initial Study/Negative Declaration document. P. 16 Gr~y D~vis GO'~I: RlqOR STATE OF CALII=ORNIA Governor's Office of Planning and Kesear,ch:.:, ' State Clearinghouse August 21, 2002 Barbara Hawkins City of South San Francisco 315 Maple Avenue San Marco, CA 94080 Subject: South San Francisco Sewer Up~ade Project SCH#: .2002072064 Dear Barbara Hawkin~: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 20, 2002, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A'i'espon~ible oi' other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recornmend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State ~ann,,nou~e at t~u) ~-061.~ if.you have an)' quesuons rcgardm~ the env:ro'nmenta! review process. Sincerelyi Director, State .Clearinghouse Enclosures ..... cc: Resoui'ces Agency 1400 T~NTH STlq_EBT P.O. BOX 3044 SAC1LA. MENTO, CALIFOKNIA 95812-3044 916-445-o613 FAX 916-323-3018 www.opr.cmgov P. 18 Documeni Details Report State Clearinghouse Data Bas SCH# Project Title Lead Agency 2002072064 South San Francisco Sewer Upgrade project South San Francisco, City of Type Description Neg Negative Declaration Upgrades to existing sewer facilities, pump stations, minor creek Bank Stabilization and construction of wet weather housing. Lead Agency Contact Name Barbara Hawkins Agency City of South San Francisco Phone 650-829-6651 email Address 315 Maple Avenue City San Mateo Fax State CA Zip 94080 Project Location County san Mateo City Region Cross Streets Varies Parcel No. Township Range Sec~on Base Proximity to: Highways 101/380 Airports SFO Railways UP Waterways SF Bay, Colma Creek Schools Land Use Primary Light Industrial and Office Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Arch,~eotogic-Historic; Forest Land/Fire Hazard; Flood Plain/Flooding; Geologic/Seismic; Minerals; Noise; Public Services; Septic System; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects R e vie wing AgenCies Resources Agency; Department of Conservation; Department of Fish and Game, Region 3; Office of Historic Preserca~i~n; Departmcnt cf Pa'rks~and-Recreatic,n; S.-.n Francisco Bay Conservation and Development Commission; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 4; Department of Health Services; Integrated Waste Management Board; State Water Resources Control Board, Division of Water Quality; Regional Water Quality Control Board. Region 2; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission; State Lands Commission; State Water Resources Control Board, Clean Water Program Date Received 07/17/2002 Start of Review 07/22/2002 End of Review 08/20/2002 P. 19 Note: Blanks in data fields result from insufficient information provided by lead agency. Gray Davis GOV~RNOI~ Date: To: From: Re: Governor's Office of Planning and Research State Clearinghouse Memorandum August 22, 2002 Barbara Hawk/ns Gregoria Garcia, Project Analyst SCH # 2002072064 South San Francisco Sewer Upgrade Project Please consider this comment letter on-time pursuant to the closing period on 8/20/02. For further information, please see attached copy of the NOC prepared by the Lead Agency. 1400 T]iNTH STI~E]~T P.O. BOX 3044 SACI~MI~NTO~ CALIFORNIA 95812-3044 '916.-445-0613 i:AX 916-323-3018 www.opr.t-a.gov Gray Davis GOVEI~NOlk STATE OF CALIFORNIA Governor's Office of Planning and State Clearinghouse T~ Finney August 22, 2002 ~s2xm m~cwox Barbara Hawkins City of South San Francisco 315 Maple Avenue San Mateo, CA 94080 Subject: South San Francisco Sewer Up.adc Project SCH#: 2002072064 Dear Barbara Haw~ns: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on August 20, 2002, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly, Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those · activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the'State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, Director, State Clearinghouse Enclosures cc: Resources Agency 1400 TENTH STREET I'.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 9It5.-445-0613 FAX 916-323-3o18 www.opr, ca.gov Document Details Report State Clearinghouse Data Ba; SCH# Project Title Lead Agency Type Description 2002072064 South San Francisco Sewer Upgrade Project South San Francisco, City of Neg Negative Declaration Upgrades to existing sewer facilities, pump stations, minor creek Bank Stabilization and construction of wet weather housing. Lead Agency Contact Name Barbara Hawkins Agency City of South San Francisco Phone 650-829-6651 email Address 315 Maple Avenue City San Mateo Project Location County San Mateo City Region Cross Streets Varies Parcel No. Township Range Fax State CA Zip 94O8O Section Base Proximity to: Highways 101/380 Airports SFO Railways UP Waterways SF Bay, Colma Creek Schools Land Use Primary Light Industrial and Office Project Issues Aesthetic/Visual; Agricultural Land; Air Quality; Archaeologic-Historic; Forest Land/Fire Hazard; Flood Plain/Flooding; Geologic/Seismic; Minerals; Noise; Public Services; Septic System; Soil Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Wetland/Riparian; Wildlife; Growth Inducing; Landuse; Cumulative Effects Reviewing Agencies Resoumes Agency; Department of Conservation; Department of Fish and Game, Region 3; Office of Historic Preservation; Department of Parks and Recreation; San Francisco Bay Conservation and Development Commission; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 4; Department of Health Services; Integrated Waste Management Board; State Water Resoumes Control Board, Division of Water Quality; Regional Water Quality Control Board, Region 2; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission; State Lands Commission; State Water' Resources Control Board, Clean Water Program Date Received 07/17/2002 Start of Re view 07/22/2002 End of Review 08/20/2002 P. 22 Note: Blanks in data fields result from insufficient information provided by lead agency. Letters And Comments From Responsible Agencies Letter fi:om Edward A. Wylie, Chief, South Section, Department of the Army, San Francisco District, Corps of Engineers Letter from David F. Carbone, ALUC Staff, City/County Associations of Governments of San Mateo County, C/CAG Airport Land Use Committee Letter fi.om Dale R. Blount, Environmental Planner, Planning and Environmental Affairs, San Francisco International Ah-port Letter fi.om Joseph R. Rodriguez, Supervisor, Environmental Planning and Compliance Section, US Department of Transportation, Federal Aviation Admirfistration Letter fi:om Jean Firmey, District Branch Chief, State of California Department of Transportation, District 4 o Letter fi:om James Hockenberry, Environmental Services Unit, State Water Resources Control Board, Division of Clean Water Programs Initial Study/Mitigated Negative Declaration, Response to Comments South San Francisco Sewer Improvement Program, OcP. 2 42002 DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS 333 MARKET STREET SAN FRANCISCO, CALIFORNIA 941052197 Regulatory Branch SUBJECT: File Number 27107S Ms. Barbara Hawkins City of South San Francisco Engineering Department 315 Maple Avenue South San Francisco, California 94083 Dear Ms. Hawkins: Your request for comments on the proposed South San Francisco Sewer Improvement Program project was received on July 23, 2002 by your notice dated July 17, 2002. The property is located south of Oyster Point Boulevard, east of the U.S. 101 Freeway and north of the San Bruno Canal in the City of South San Francisco, San Mateo County, CA. Upon review of the plans received, construction may impact jurisdictional waters of the U.S.; therefore, the Corps of Engineers may need to further review those portions of the project. All proposed work and/or structures extending bayward or seaward of the line on shore reached by: (1) mean high water (MHW) in tidal waters, or (2) ordinary highwater in non-tidal waters designated as navigable waters of the United States, must be authorized by the Corps of Engineers pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). Additionally, all work and structures proposed in unfilled portions of the interior of diked areas below former MHW must be authorized under Section 10 of the same statute. All proposed discharges of dredged or fill material into waters of the United States must be authorized by the Corps of Engineers pursuant to Section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344). Waters of the United States generally include tidal waters, lakes, ponds, rivers, streams (including intermittent streams), and wetlands. Your proposed work appears to be within our jurisdiction and a permit may be required. Application for Corps authorization should be made to this office using the application form in the enclosed pamphlet. To avoid delays it is essential that you enter the file number at the top of this letter into Item No. 1. The application must include plans showing the location, extent and character of the proposed activity, prepared in accordance with the requirements contained in this pamphlet. You should note, in planning your work,'that upon receipt of a properly completed application, and plans, it may be necessary to advertise the proposed work by issuing a public notice for a period of 30 days. P. 25 -2- If an individual permit is required, it will be necessary for you to demonstrate to the Corps that your proposed fill is necessary because there are no practicable alternatives, as outlined in the U.S. Environmental Protection Agency's Section 404(b)(1) Guidelines. A copy is enclosed to aid you in preparation of this alternative analysis. Should you have any questions regarding this matter, please call Bob Quebedeaux of om' Regulatory Branch at 415-977-8446. Please address all correspondence to the Regulatory Branch and refer to the file number at the head of this letter. Sincerely, Edward A. Wylie Chief, South Section Enclosures P. 26 WE WANT T'O HELP YOU DO ITT' P. 27 Taking the rif~t steps ~ plaanin' g your p?gject can save youf~ne and dot]ars. ~ you plan to work along the Shoreline, in V~-ettands hi areas behind levees or in ~e water please contact the Array Corps of En=~n~erS. 7~-hy? s~az~, is here to provide you information, guidance and assistance u a Corps permk is required for your proposed work. Feel free to call us or drop us aline: Be!ova- are example activities requLH._n=~ a Cbrps permit. her%re you be~in ~vork. if Ln doubt, contact overhead. v~ire crossis_~ P. 28 -- jetties, braa!~vatars underwater pipelines & cable Scope of'.Corps Regulatory Jurisdiction TIDAL. WATERS FRESH WATERS Iii w;~ilands 6xisl behindlevees), · , UPI.AND~ I SECTION 10 ,.' · , SECTION'I0 ' '~all slrUclures and W0d(: levee', dock, elc. '1 ~ ~ ~ .I lall slruclures and work ~. ~;. . ~... ~.'. · unliile'darea; bellind I '~ I ' '~ i ~1 liil waier6ourse is a navigable leyees ~,l a,e. ':. . '1 , . ,-, · ~~, wa,., o, ,,,. u.s.I . I1~~"r ......... ~ '~ ~'- ~ ~( ~.~. · · ~- · . COASfAL DOCIG i~,~...,._ ,,., 5.- _. - SECTION 404 disposal of dredged or fill rnalerialSECTION 404 -. - disposal el dredged of fill material' FREStl WETLANDS wilh salt or brackish J walel} o~' High Tide Line i' WATER SWAMPS uA~HES US Ai _11~/Colpl d Englader~: San Ffoxtcb(x) Dlalflcl NOTE: IN ADDITION'TO SECTIONS 10 AND 404 JURISDICTIONS, THE CORPS REGULATES THE TRANSPORTATION OF DREDGED MATERIAL FOR THE PURPOSE OF DISPOSING INTO OCEAN WATERS (SECTION'103). Regulatoi'y Functions Branch U. S. Army Corps o! Eoui[IQm ' 211 .Main Street San Francisco, CA 9411~5 Waters of the United States (Section 404 Clean Water Act) Lake .~ pm' ~ I'SOLATED WATEflBODYIWETI~Id WETLANDS " WETLAHD6 BEttlND TIDAL 'SLOUGH _ ~ -" INTERMITTENT NT WET~NDS OCean USArmyCorps of Engineers Regulatory Bran ch 333 Market Street San Francisco, Ca. 94105-219'7 A SPECIAL ,NO's'E TO APPLICANTS Advanced discussions, other agencies, alternatives analysis Discuss your project Potential applicants for Corps authorization for work of any major impact are advised to discuss their plans and permit procedures with a member of the Regulatory Branch prior to sub- mittal of an application. The Branch is located at 333 Market Street, San Francisco, on the eighth floor. The telephone number is (415) 977-8462. For work in Humboldt or Del Norte Counties, you can also call our Eureka Resident Office at (707) 443-0855. Other permits required An applicant requiring a Corps permit and either a California Coastal Commission or San Francisco Bay ConServation and Development Commission approval must have an accepted application file number from one of those State agencies before an application to the Corps will be accepted. This will expedite the permitting process and allow for concurrent processing, using the same information, by different agen- cies. The applicant need not obtain the State permit itself but must have an accepted applica- tion before filing one with the Corps. The appli- cants should also contact the appropriate Re- gional Water Quality Control Board for a water quality certification or a waiver thereof. Discussion with other agencies Applicants for permits for work which may have mai or environmental impacts (such as place- ment of fill or dredged material on wetlands or other valuable aquatic areas) are advised that such work will be thoroughly evaluated from the standpoint of its environmental effects. In mak- ing such evaluations the Corps gives full consider- ation to comments provided by other interested Federal and State agencies that have concerns in the area of such impacts. Applicants who are proposing this type of work are therefore strongly urged to discuss their projects with the staff of such agencies before finalizing their plans. Such discussions will provide opportunities for the agen- cies to make known their concerns and to suggest features wtfich might be included in the proj eot to reduce or alleviate environmental impacts. The specific agencies which should be contacted are listed on the back of this page. To aid the appli- cant, the Corps hosts monthly Interagency meet- ings to discuss and provide constructive com- ments to proposed projects before formal appli- cation is made. We encourage you to take advan- tage of these informal meetings since we believe that they will save time. Alternatives Analysis If your proposal involves the discharge of dredge or fill material into the "Waters of the United States" you must provide an alternatives analysis to demonstrate there are no practicable alternatives to the discharge. If the discharge is in a"special aquatic site" (i.e.. Wetlands, mudflats, vegetated shallows, and riffle and poo 1 complexes), and your proj eot is not a water-dep endent project it is presumed practicable alternatives exist. For further details on alternatives analysis, please con- tact us. · P. 31 State agencies California RegionalWater Quality Control Board CRWQCB) For certification and wast~ discharge requirments affecting water quality North Coast Region San Francisco Bay Region 5550 Skyline Blvd., SuiteA 1515 Clay Street, Suite 1400 Santa Rosa, Ca. 95403 Oakland, Ca. 94612 707-576-2220 510-622-2300 Central Co~t Region 81 Higuera Street, #200 SanLuis Obispo, Ca. 93401 808-549-3147 California Department offish and Game For Streambed Alteration Agreements Region 3. Region 1 Marine Resources Laboratory P.O. Box47 P.O.Box 1480 411 Burgess Drive Yountville, Ca. 96001 Retting, Ca. 96001 Menlo Park, Ca. 94025 707-944-5500 916-225-2300 415-326-0324 (for coastal work) California State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, Ca. 95814 (pertrfits or lea~es on any state land) San Francisco Bay Conservation andDev_elopment Commission 30 Van Ness Avenue San Francisco, Ca. 94102. 415-557-3686 (permits in the San Francisco Bay a~a) I-Iumboldt Bay Harbor, Recreation & Conservation District(I:IB~CD) 1~.O. Box 134 Eureka, Ca. 95501 707-443-0801 (p~mit~ for work in th= Humboldt Bay area) California Coastal Commission(CCC) Permits for work in the coas~l zone North Coast Area Central Coast Area 45 Fremont Street, Suite 2000 701 Ocean Street, Room 300 San Francisco, Ca. 94105 Santa Cruz, Ca. 95060 415-904-5200 408426-7390 Federal Agencies U.S. Environmental Protection Agency, KegionIX 75 Hawthorne Street San Francisco, Ca. 94105 415-744-1962 U.S. Fish and Wildlife Service Sacramento Field Office (ES) 3310E1CaminoAve. Sacramento, Ca. 95821 916-979-2710 National Marine Fisheries Service Environmental Assessment Branch 777 SonomaAvenue, Koom 325 · Santa Kosa, Ca. 95404 70%575-6050 U.S. Coast Gusrd, 1 lth Dislzict Coast Guard Island, Building 50-6 Alamexta, Ca. 94501- 5100 Office of aids to navigation (OAN) 415-437-2982 Marine Environmental Protection (DPL) 415-437-3514 P. 32 Instructions for Preparing a Department of the Army Permit Application Blocks 1 through 4. To be completed by Corps of Engineers. Block 5. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency, company, corporation or other organization, indicate the responsible officer and title. If more than one party is associated with the application, please attach a sheet with the necessary information marked Block 5. Block 6. Address of Applicant. Please provide the full address of the party or parties responsible for the application. If more space is needed, attach an extra sheet of paper marked Block 6. Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal business hours. Blocks 8 through 1 1. To be completed if you choose to have an agent. Block 8. Authorized Agent's Name and Title. indicate name of individual or agency, designated by you, to represent you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or organization. Note: An agent is no._}t required. Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent, along with the telephone number where he/she can be reached during normal business hours. Block 11. Statement of Authorization. To be completed by applicant if an agent is to be employed. Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project (i.e., Landmark Plaza, Burned Hills Subdivision or Edsall Commercial Center). Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other waterway to be directly impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters. Block 14. Proposed Project Street Address. If the proposed project is located at a site having a ~treet address (not a box number), please enter here. Block 15. Location of Proposed Project. Enter the county and state where the proposed project is located. If more space is required, please attach a sheet with the necessary information marked Block 15. Block 16. Other Location Descriptions. If available, provide the Section, Township and Range of the site and/or the latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract numbers or you may choose to locate the proposed project site from a known point (such as the right descending bank of Smith Creek, one mile down from the Highway 14 bridge). If a large river or stream, include the river mile of the proposed project site if known. Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway and street numbers as well as names. Also provide distances from known locations and any other information that would assist in locating the site. Block 18. Nature of Activity. Descdbe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill,, piles or float supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to do. If more space is needed, attach an extra sheet of paper marked Block 18. P. 33 Block 19. Proposed Project 'PuL ,e. Describe the purpose and need for the pr~ sed project. What will it be used for and why? Aisc include a brief description of any related activities to be developed as the result of the proposed project. Give the approximate dates you plan to both begin and complete all work. Block 20. Reason(s) for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or other waterbody, including the temporary placement of material, explain the specific purpose of the placement cf the material (such as erosion control). Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc. Block 22. Surface Areas of Wetlands or Other Waters Filled. Descdbe the area to be filled at each location. Specifically identify the surface areas, or part thereof, to be filled. Aisc include the means by which the discharge is to be done (backhoe, dragline, etc.). If dredged material is to be d~scharged on an upland site, identify the site and the steps to be taken (if necessary~) to prevent runoff from the dredged matedal back into a waterbody. If more space is needed, attach an extra sheet of paper marked Block 22. Block 23. Is Any Portion ofthe Work Already Complete? Provide any background on any part of the proposed project already completed. Descdbe the area already developed, structures completed,, any dredged or fill material already discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square feet). If the work was done under an existing Corps permit, identify the authorization if possible. Block 24. Names and Addresses of Adjoining P. roperty Owners, LeSsees, etc., Whose Property Adjoins the Project Site. List complete names and full mailing addresses of the adjacent property owners (public and private) lessees, etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that they may be notified of the proposed activity. (usually by public notice). If more space is needed, attach an extra sheet of paper marked Block 24. Information regarding adjacent landowners is usually available through the office of the tax assessor in the county of counties where the project is to be developed. Block 25. Information about'Approvals or Denials by Other Agencies. You may need the approval of other Federal, state or local agencies for your project, identify any applications you have submitted and the status, if any (approved or denied) of each application. You need not have obtained all other permits before applying for a Corps permit. Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party (agent). This signature shall be an affirmation that the party applying for the permit possesses the requisite property rights to undertake the activity applied for (including compliance with special conditions, mitigation, etc.). DRAWINGS AND ILLUSTRATIONS General Information. Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map, a Plan View o...[r a Typical Cross-Section Map. Identify each illustration with a figure or attachment number. Please submit one original, or good quality copy, of all drawings on 8 I/2xl 1 inch plain white paper (tracing paper or film may be substituted). Use the fewest number of sheets necessary for your drawings or illustretions. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross-section). While illustrations need not be professional (many small, private project illustrations are prepared by hand), they should be clear, accurate and contain all necessary information. P. 34 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL ND, 0710-O003 (33 CF'~ 325) I Expires June 30. :2000 The ~bllc burden ~or ~is collection of mforma~on is ~mated to average 10 hours ~er respond, although ~e majofi~ of applications ~ould require 5 hours or te~. This includes the time for renewing in,ructions, ~arching exi~ng ~ ~urces, gathedng and ~aintaining ~e data needed, and completing'and re~ewino the collection of info~e~on. Send comments regarding this burden e~ma~e or any o~her a~ect of this collection of info~afion, including sugge~ons for reducin~ ~is burden, to Depa~men~ of Defend, Washington Headquarters Set,ce Direc~rate of Info,aliGn .Operations and Repo~s, 1215 Jeffer~n Da~s Highway, SuAe 1204, Afling~n, VA Z2202~02~ and ~o the Office of Managemen= and Budget. ' Pape~ork Reduction ~oject (0710-0003), Wa~ington, DC 20503. Re~ondents ~ouid be aware that no~ith~and~ng any other pro~sion of law, no per~n shall be subje~ to any penal~ for failing to comply wJ~'a collection of information if it does not display a currently valid OMB control number. Plea~ DO NOT R~URN your fo~ ~o either of tho~ addres~s. ~mpleted appiica~ons mu~ be submi~ed ~o the Di~ict Engineer having jurisdiction over the Ioca~on of the pmpo~d a~v~. PRIVACY ACT STATIST Amhofities: ~rs and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC ~3~; Marine ~o~ection, Re.arch and San~uaries Ac~, 33 USC 1413, Section 103. Principal Purpo~: Informa~on provided on ~is form will be u~d in evalua~ng the application for a permit. Routine U~s: This information may be shared w~h the Depa~ent of Ju~ice an~ other federal, ~te, and local government agencies. Submission of reque~ed info~a~ion is volun=~, however, if information is not provided the pe~i~ application ~nnot be evaluated nor can a permN be i~ed. One ~t of origi~l drawings or good reproducible copies which ~ow the Ioca~on and c~racter of ~e proposal ac~ivi~ mu~ be a~che~ to this application I~e ~mple drawings and in,motions) and be ~bmi~ed to the Di~rict ~gineer having jurisdiction over ~he Ioca~on of the propo~d ac=iviW. An appli~ion that is no~ completed in full w~] be returned. 1. APPLICATION NO: (iTEMS I THRU ,~ TO BE. FiL£ED BY THE CORPS) 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED 5. APPLICANT'S NAME (ITEMS BELOW TO BE FILLED BY APPLICANT) 8. AUTHORIZED AGENT'S NAME AND TITLE 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 7. APPLICANT'S PHONE NOS. W/AREA CODE a, Residence b. Business 11. hereby authorize, 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence b. Business STATEMENT OF AUTHORIZATION to act in my behalf as my agent in the processing of this application and to furnish, upon reque~, supplemental information in suppor~ of this permit application. APPLICANT'S SIGNATURE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12.. PROJECT NAME OR TITLE I~ ir~ru=t~n=! DATE 13. NAME OF WATERBODY, IF KNOWN 14. PROJECT STREET ADDRESS 1E. LOCATION OF PROJECT C 0 U NTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, 17. DIRECTIONS TO THE SITE ENG FORM 4345, Jul 97 EDITION OF FEB 94. IS OBSOLETE. ;P. 35 (Proponent: CECW-OR) 18. Nature of Activity 20. Reason(s) for Discharge USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards 22.. Surface Area in Acres of Wetlands or Other Waters Filled I=e==~uc=f=ns) 23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplementsl list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED *Would include but is no'~ restricted to zoning, building and flood plain permits 26.. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be sign;d by the person who desires to undertake the proposed acti,~ity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any raise, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. P. 36 US Army Corps of Engineers San Francis~ District tIEGULATORY BF, A-NCH REVIEW OF PE1RNI/T API~LICA, TION FORMS · This is a review checklist for Corps of Enginee~ts use only. It is not a part of thc pcmait applicahon- A. blank.copy is in¢lud~ with your permit application to illustmt~ the way your l~'mit application is r~vicwed for complcamcs$ as well as to asaist you in insuring your permit application is complete. Do not submit this ch~cldist with your initial permit application. The purpose of~his che~Jdist i~ ;o IDENTIFY A.ND EXPLAIN .~T.L ITEMS NEEDED TO IN1TIATE T'HE PER.M/T APPLICATION PROCESS. Th: San Fmucisco District r~c~iv:s a large number of pm-mit applications to revi~v for completing. The iaitizl scre:a~ug is int~nd:d to be a briafpr~:~ss, so it is important to have all ~:quirect informationcl:arauda¢ccssiblcforquick:val,,~iontod~ermi-¢comple, teness. Onc~apcrmitapplication is r~=ived it is assigned to a PP, O JECT MANAGER, who is the applicaut's prirrmry point of contact dmiug the p~rmit application proo:ss.Th¢ San Francisco District aims ~o rn~h-a;~, delays during thc cvalu~on of permit applications. Ifyour permit application lacks essential information, or ifit appears deft cient or not clearly understandable, thc permit application may be rcmm~d to you with thc rni~ing or in.mf~ ci~nt irons idmtiS~ and cxptain~cI briefly. ~ should provide you with a clear indication of additionalinfo~on r~quired to insure your permit application is complcm and allow you to revise your permit application and resubmit it lo the Corps l. fyouhav~z question concea-~;,,g completion o£arcunn~ pea'mit application, pica.sc caIlth~ projectn~=n=Ecr assigned to your l~rmit application. 1°.37 TEMPORARY FILE NO,: DATE: L PERMIT APPLICATION INFORMATION !~ by P~mit Application l~phl~ (]~P. I14f-~-l) or by 33 ~ 320. OK N3A NEED of adjo~-i~S prol~ny ova:= BASIC PP. OIBCT INFOkM_ATION C~n:i.~ s~r-~r for ~ af ~h~ foll~ 4. ~ snd ne~d of~mi~z F. 38 " DRAVFfNGS FOR CORPS' PUBLIC (=) '%Vs.T.m' li.~.~. T~i~n-~ ~.l~v"~ion ofv,~t~r- Iin~. Bo~ should or.lay thc proj~r_ · MILW (m~ low= Iow w-~mr) - · lvJ:HW (mmn I,~ -~-~=)_ OK ~UA hEED · OHW (or~-~,7 ~ wamr) - for no~-~dzl s'm:szm and pomis '~prapos~" or "Corps incii~ - Dr~d~ ar~s · Dk~posal =ess · Stockpiling areas · WorldSta~n~.quipment ar~as (or ott=r m~s of ---parmy ~xmhan::.) 2 P. 39 H. DRAVFINGS FOR PU]~LIC NOTICE (c.x~'r~) OK N/A N~- i II 3 P. 40 ,' TTT "'"IRISDICTIONAL AND COlYfPLIAN~ I%IFORMATION · Juri~iic'tionat Delineation - di.s-tin~g Section 10 zmd S/c'tion 404. [se~ (:2) below] - Proposed (pom-projec0conditiom' (d) pt~ ~ of all m~ ~a sW~.- (e) .C~-~icm.~ of'ali ~llc and sl:m~ - (a) FOR TIDAL ~ - · Me. au high w~er elevation and boundary. ( OlqI.YNOX;D ~r/vlLLW AS DATUM,) - ]~h tide rme elevation and boundary. (ONLYNGVD = MLLW AS DA'mM -9 FOR NON-TIDAL ARF_AS ' - Sm and Riv~: -Ponds: (c) FOP. TIDAL AND NON-TIDAL WETLA.NDS - P~ ~ ~ ~ on ~ Corps l~'~,-,~l for W_~l~,,d 4 P. 41 IV. DP. EnGI~G PROa'E _C~'~ 1. Sim P~ (scal~ of I' = 100') de~i~,ig proje~ ~ For -,,~ry large proj~s a scal~ ofl" -- 200" is ~I~ 6. For ca~.~m~ proj~: V. FA _ru'LTTATING DO~ 5 P. 42 6. EIK ~,~ir' (S~-~- CEOA~ - or N~ ~aa ar land us~ plami~ ~. 7. Ei~ Dou~,a.,t (F~t~wal NEPA) 9. S~ of'~. Senshi~ mEn&,.,'a~'~ Slxci~s on or ~ar'~ projo= si~ (s=~ or i=h~ tisr. s). 10. Cuhm-~l I~m~'~Hc Prop~ .~ ~'~e~ ..... ,,t · 11. R.~alt. s'ofsm'rraEn~ and t~stin~ ~ p~r PH 93-2 1991 ~Bookas appropria~ (i~.sins proj~=== 145 - 2 -I United States Army Corps of Engineers Reg u'ia'to ry Program Applicant Information P. 43 This Pamp~,,~ Supersedes EP 1145 -2-I, November 1977 INTRODUCTION This pamphlet is designed to assist you in applying for a Department of the A,rrny permit from the Corps of Engineers. The pamphlet is not intended to be a complete description of all aspects of the permit program, but' will provide general information of a non-technical nature and specific guidance on how to complete a permit application. Full explanation of the program may be found in 'l-rtie 33 Code of Federal Regulation, Parts 320. through 330. These regulations are available for review at the Corps of Engineers District offices listed at the back of this pamphlet. Answers to technical questions and detailed information about special aspects of the program that pertain to your geographical area and your proposed activity may also be obtained from Corps of Engineers District offices. John F. Wall Major Genera[, USA Director of Civil Work P. 44 Page General Information ............................................... 2 ^u:horfty for the Regulatory Program ................................. 2 Explanation Of Some Commonly Used Terms.: ...... '._ .......... ............ ' 3' Que.~ons That Are Frequentiy Asked ................................. 4 The Permit Application ........................ : ............ . ....... 6 General .................. ' ........................ ' .............. 6 TypicaJ P~ng Procedure for a S"~ndard Individual Perr~ .............. 7 EvaJuation Factors · 8 Forms and Permits ................................................ ~ Drawings. ' '~4 Genera] Information .............................................. 14 V c r yMap ............. · ....................................... Plan V'~w ...................................................... 14 Elevation and/or Cross Section View ................................ '.. 15 Notes on Drawings ............................................... 15 ,Sample Dr'~ngs ~ ............................................... 16 Divisions and DL~b;~.L~ for Regulatory Activities (Map) .................... 18 P. 45 2 Authority for the Regulatory Program The U.S. Army Corps of Engineers has been regulating activi~ ih the nation's wa~ers since 1890. Urrlil the 1960's the pti- msry purpose of the regulatory program .was to prote~ nav~g~on. Since 1ben, as a resutt of laws and cour~ decLsions, the program has been broadened so 1bat it now co.id- ers the. ~u[I publb interes~ for both the pro- tection and util~zation of wster resources. The regulatory suthor~es a.nd respor~biti- l~es of the Corps of Engineers are based on the fo[lowing [aw~. [] Section 10 of the Rivers and Harbors Act o~ 1899 (33 U.S.C. 403) prohiDits . the obsl3-u~on or a~erstion of n~vigable ~¢vaters of tt~e Unitc=,d States without a permit ~Tom the Corps of Engineers. ~ Section 404 of the Clean Water Act (33 U.$.C. 134.4). Section 301 of this Act prohib~ the discharge of dredged or fill materiaJ into wate~ of the Un~..~J df Engineers. [] Section 103 of the Marine Protectio~ Researctt, and Sanm~aries Act of 1972, as amended (33 U.S.C. 1413) authorizes the Corps of Engineers to issue permi!s for the l~'~pori~on of dredged matefi~ for the purpose of dumping it ir~to ocean v~ers. Other Jaws rrray aJso affect .the processing of appiicsl~ons for Corps of Engineers perm.. Among these are the N~onaJ Environmen- taJ Poiicy Act, the CoastaJ Zone Manage- ment Act, the F~h and Wild[fie Coordins1~on AcC, the Endangered Speci~ Act, the NationaJ Historic Pm_eerva~on Act, the w'a~.er Port AcC, the Federa] Power A-~, the Marine Mammal Protection Act, the Wild and Scenic Rivers Act, and the NstJonaJ Fishing =nhancement Act of 1984. P.~6 3 Explanation of Come Commonly U~ecl Terms Cer~in terms which are closely associated with the regulatory program are explained briefly io this section. If you need more detailed definitions, refer to the Code of Federal Regulations (33 CFR Parts 320 through 330) or conl~ct ~ Corps district regu~ory office. Acfivity(ies) as used in this pamphlet includes structures (for example a pier, wharf, bulkhead, or jetty) and work (which includes dredging, disposal of dredg~ materiaJ, filling, excavation or other moo"r~ca~on of a navigable ycaZer of the United Stmes). Navigable Waters of the United Stat~s are those waZers of the United S1~es that are subject to the ebb and flow of. the tide shoreward to the me. an high water ma~ a~d/or are presently used, or have been used in the.past or may be susceptible to ~ to ~rt interstaZe or foreign com- merce. These are wa~ers that are r~avigabie in the traoTdo, naJ ser~e where perm~ are required for certain activities pursuant to Section 10 of the Rivers and Ha~ors Act. This term should not be confused with ~ term ~ of ~e Urz~d ~Zaz~.s below. Waters of the United Stat.es is a broader term than navigable v,-aters of ~he United States deSned above, lrctuded are adjacem wetia~, ds and tributaries to navigable waters of the United Sta~s and other waters where the degradation or destruction of which could affect interstaZe or foreign commerce. . These are the waters where permits are required for the discharge of dredged or fill ma~edaJ pursuant to Section 404 of the Clea.~ Water Act. Pre-application Consultation is one or more meelJngs between members of the district engineer's staff and an appiicant and his agent or his consultant A pre-appScation consuitalJon is usuaJfy re,.ted to appiica~ons ?.~17 for major actMties a~d may involve discus- sion of ~tterr~ves, envimnmen~ meres, NationaJ EnvironmentaJ Policy Act. procedures, and development of the scope of the'data required when an environmentaJ impact statement is required. Public H~ may be held to acquire information and give the public the opportu- nity to present views end opinions. The Corps may hold a hearing or pa~icipate in joim public hearings with other FederaJ or state agencies. The d~rict engineer may specify in the pubIic notice that a hearin_~ w~'ll be. held. tn addition, any person request in writing during the comment' period that a hearing be haiti. Specific reasons must be given as to the need for a hearing. The district engineer may attempt to resotve the issue informafly or he may set.' the dine for a pubiic hearing. Hearings are held ~t times and' places that are convenient for the interested public. Very few applica- tJo~ involve a pubIic hearing. The Public b~terest Review is the term which refers to the evaJ~on of a proposed activity to determine probable impacts. Expected benef~ are baJanced against reasonably foreseeable de, merits. A[I rele- vant factors are weighed. Corps policy is to provide applicants with a lJmefy a. nd care- fulty weighed decision which reflects the public interest. Pubiic No, ce is the primary method of adv~ng interested public agencies and private parties of the proposed actMty and of soiic'rting comments and information necessa~7 to evaJuate the probable impact on the pubiic interest. Upon request, any- one's name will be added to the dis~ibution list to rece'rve pubiic nol~ces. Waterbody is a river, creek, s13'eam, lake, pool, bay, welJand, marsh, swamp, tidal ocean, or other water area. 4 Questions That Are Frequently Asked Various qu~ions are often asked about the regu~tory program. It ~ ho~ ~a~ ~e ~em ~] help ~u to unde~d g~ ~er. Q. When should I ~p~ ~r a A. Sin~ ~o to ~ mo~ ~ no~ly requ~ to pr~ s m~ne ~pli~on invo~ng s public n~, ~u should you have ~ r~ ~p~ ~ore ~ur p~ned ~m~n~msnt ~. For a l~ or ~mplex ~pa~on ~u~on" or in~ pl~nbg ph~e ~ch ~uid prevem ~ l~er. When in doubt ~ to ~er a ~ ~ be r~uir~ or ~ you m~d ~ do, don=t o~. Q. I have o~n~ ~ ~m io~ ~d ~ g~emm~ W~ do I have ~ get ~ ind~du~ ~ ~nding ~ or io~on ~ ~ ~ ~ h~ ~du~ p~ng. ~ d~: ~u~ ~ for inbr- ~on on g~ ~ r~uff~ ~ ob~n ~ ind~du~ Q. W~ ~li h~n ff I ~ work ~o~ A. Peffo~ing un~~ of ~e Un~ S~ or ~ure to ~mp~ serious consequences. You would viola+,Jon of F~e~ l~w and could ~'e stiff penalties, including fines and/or requirements to restore the area. Enforcement is an important .part of the Corps regulatory program. Corps surveiF tance and monitoring activities are often aided by ~rious agencies, groups, and individua/s, who report suspected viot~- tions. When in doubt, as to whether planned activ~ needs a permit, contact the nearest distri~ regulatory office. It could save a lot of unnecessary trouble later. How can i obtain further information about permit requirements? tniorrn~on about the regulatory pro. gram is available from any Corps d)~tr~ct regulatory cr~ce. Addresses and tele- phone numbers of offices are F~--~_=d st the back of ibis pamphlet information may also be obtained imm the w-~ter resource agency in your sta~e. Why should ! waste rny time and yours by appiTing for a pen'nit when you prob- abhy won't let me do the work anyway?. Na'donwide, only three percent of requests ior permits are denied. Those few appiicants who have been denied permits usualby have refused to change the design, l~rning, or loc~tion of the pro- posed acltdty. When a permit is denied, an applicant may redesign the project and submit s new application. To avoid unnecessary de~ays pre-appiica~on con- ierences, particutarby for a~opIical~ns for major acff~es, are recommended. 'i-ne Corps w~ll endeavor to give you hetpfu) informstbn, inc4uding factors which witl be considered during the public interest review, and aJtematives to consider that may prove to be useful in designing proje~. P. 48 5 What is a wetland and what.is its vaJue? WetlAnds are areas tha~ are periodically or permanently inundated by surface or ground wa/er and support veget~ion adapted for life in saturated soil Wet- lan.ds include swamps, marshes, bogs and sim~ar areas. A significant naturaJ resource, wetlands serve important func- tions relating to f. sh and Wildlife; food chain production; habitm; nesti.ng; spawning;, rearing and resting sites for aquatic and land species;, protection of other areas from wave action and ero- sion; storage areas for storm and flood waters;, na.tural recharge areas where ground and surface water are intercom nec'ted; and naa.,rai wa/er filtration and purification functions. Atthough individua] a. tterations of we~- lands may co~e a minor change, the cumulative effect of numerous changes often results in major damage ~ wetland resota'ces. The review of applications for alteration of wettands will include consideration of whether the proposed activity is dependent upon being located in an aquatic environment. How can ! design my project to elim- inate the need for a Corps permit?. if your act~ty is located in an sma of tidal waters, the best way-rD avoid the need for a permit is to select a s'r~e tha/' is above the high tide iine and avoids w~ands or other wa/erbodies. In the vicinity of fresh Water, stay above orcii~- ary high water and avoid we~Jands adja- cent to the s13'eam or leke. Also, it is possible that your actlvfty is exempt and does not need a Corps permit or that it has b~n authored by a natio~w,id~ or recjior~J genera] permit. So, before b~ild, drodg~ or ~1, contact th~ Corp~ di~'cict regul~ory office in your ar~ for specific information about ]ocat. Jon, exemptions, and regional an~ nation- wide general per'm/ts. P. 49 6 General The application form used to apply for a perm/t is Engineer Form 4345, Appjcatfon for a Depa,'zrnent of ah~ Army Perm~ You can obtain ~e apptica~on from one of the Corps of ~Engineers district regulatory of~ces listed in the back of this pamphlet. Some of- rices may use a siightty modi'~ed form for joint processing with a state agency;, how- ever, the required informa~on is basically the same. it is important that you provide complete information in 1be requested for- mas If incofnplete information is provided, proc'easing of your appticetion will be delayed. This information wil~ be used to determine the appropriate/orm of az.,thor/za- tion, and to evaiuate your proposal. Some categories of activities have been previously authodz~ by natbnwide or regio .nai Per- mm, and no further Corps approvaJs are required. Others may q,,ai'ffy for abbreviated permit processing, wih'h authortzstbns in the form of letters of perm_L~_ion, in which a per- m~t decision can usually be reached in tha~ 30 days. For other act/vitJee, a Public Notice may be required to notify Feder~, state, and lccai agencies, adjacem property owners; and 'the genera~ public of the propo- sai to aJlow an opportun~/or review and comment or to request a pubiic heazing. Most applications invoJving Public Notbes are completed w/thin four months and many are completed w/thin 60 days. The district engineer will begin to process your.appiica~on immediately upon receipt cf aJ] required information. You will be sent an acknowledgement of its r~ceipt and the appiica.tJon number assigned to your file. You should refer to this number when inquiring about your application. Your pro- · posai wiI] be reviewed, balancing the need and expected benefr~s against the probable impacts of the work, taking into considera- tion ail comments received and older rele- pubib intem.~ review. ~ Corps goaJ is to reach e decision reg~ding permit issuance or denial within 60 days of receipt of a corn-- pJete a. pplication. However, some comptex actM'des, issues, or requirements of la.w may prevent the district engineer from meet- in~ this gce. L For any specific informa~on on the evatu~- tbn process, filling out the appiica~ion forms, or the status of your application, you shouJd con.ct the re~:juia~ory bra~ch of the Corps of Engineers district office which has jur/sdi~on over the ares where you plan to do the work. P. 50 7 Typic=al Pro .cessing Procedure for a Standard Individual Permit 1. PreappIic~tion consultation (optional) 2..Applicant subm~ ENG Form 4345 to dist~ct regutaZory office' 3. Application received and assigned iden- tffica~on number 4. Public notice issued (within 15 days of receMng a~I irrJon'n~fion) 5. 15 to 30 day comment period depend- lng'upon n~4-ure of activity 6. ProposaJ is reviewed** by Cqrps and: Pubiic · Specia/interest groups Loca~ agencies Stme agencies Federal agencies 7. Corps considers all comments 8. Od'tar federa] agen~es consutted, if ~ppropriate 9. District engineer may ask ~[ppiicant to provide additionaJ informa~on 10. PubIic hearing held, if needed 11. District engineer m~<es decision 12_ Permit issued or Permit denied and ,applicant advised of P. 51 I 8 Evaluation Factors The decision whether to grant or deny a permit is based on a public interest review of the probable impa~t of the proposed activity and its intended use. Benefrts and detriments are balanced by considering effects on items such as:. con~rmtion economics 'general environmental conaems wetlands cultural values fish and wildlife values flOOd h~rds floodplain ,,-alues food and fiber production .. navigalion shore erosion and accr~on recre.~on mr supply and COnsercstion Water quality energy needs needs and welfare of the people considerations of private ownership The following general criteria will be consid- ered in the evaJu~tion of eVery ~ppiica/!on: [] the rel~Jve ex~ent of the. pubiic and vate need for the proposed rn the practicabfl~ of using reasonable alternative locations and mC, hods m accomplish ~e objective of the pre- posed a~Jvfty;, and [] the extent and ~.~aanenm of l~e bene- ~cial and/or detrimen~ effects which the propos~ activity is likely to have on ~ public and private uses to which the ares is su?~:L Section 41M(b) (1) of the Clean Water Act If your proj~-'t invohtes the discharge of dredged or fill malerial, it wall be necessary for the Corps to evaluate your proposed activ~ under the Section 404(b)(1) guidelines prepared by the Environment~ Protection Agency. The guidelines re_m3ict environraents[~ damaging, practicable atter- n~tives exist. P. 52 9 Forms and Parrnits The f-ollow[n~ forrr~ apply t~ the i:~rmit process:. 'i-ne' form that you will need' ~ inii~a~ the review process is E!~NG Fcrrm 4345 or a joint Federaks~'~te apphca~on ~hat m~y be avai,L ~bie in your s'-~Ze. The ap. propri~te form may be oi:r,=ined from ~ district regulatory o~_,e whicli ha~ jurisc~ction in the ar_==_ where your proposed pro}~ )~ 'locked. 'inErvidual Permit~ An inc[rvidual permit ~ b® ~u~ ~ ¢~ar a L~r ~ Pe~o~ .~~ ~r ~ p~: h~, ~d R ~y ~ ~r ~ ~r ~ ~~on you ~ ~ur prop~ ~ q~ ~r ~ ~P. General .Permits " In rr, any ~R ~pii~on ~ n~. mqu~ ~uss of Bena~ pe~ Cm~y ~u~ ~ ~e public m 1~ by ~ ~ on a ~ion~ ~d ~o~ b~. . Sep~ ~pli~o~ ~y not be r~uimd for a~ ~e~, ~~ ~ be r~ui~. FOr ~e ~ b~ ENG' Fo~ ~6, is ~d to a~ ~ne ~p~on of ~¢~ ~ should be ~I'~ ~~ bra ~ ior a ~~ or ~ Tr~er ch~ ~r ~~g ~ ~ ~m one F. 53 14.. G-=nero) irrbn'nation" '~ nr~_ ~ of drawing, s---Vicinity, Pith, Eievalior~--are .required t~ accuraJueiy.depict actfvities. (See sample d,'-~gs on pa~j~s 1 $ and Submit one orig)nat, or good 'qu~tity copy, of EII r%-awin_c~.on. B¥~ × 11 in~ whit,= (traoing ~oth or Dm may ~ used). Submit the few=st numbe_r of she-~ n~essa~ to ad~jumely show the. proposed activity. D,'awin~ should be prepared in a:~ord~nce with the ~=_n,=raJ i~rrrat of ~ u~ng .biock m'yi,= lettering. 5~ch page should i-~ve a tJfle bbck. ~ ch.=~s:k b'~Jow. Drawin_=s do not hay,= to be prepar_=d by an engineer, but prof~ionaJ may b,=mome n~~ ii the pro}ect ~s Imn:je or compl,=,,~ L,=ave a q-inch man:j[n at.the- top edg,= ea:h sh .eet for. pu~ of reproduction and bindin~ . jn the ti~,= bioc, k cd= e-~nch sheet of drawings id,=,,'LiFS the pro~:~se~I ~ivity and inciude · the name of the. body of w-~LeK, river mite ap. piicabl,=); nam_=-of county and st~,=; nm'ae of appti=ant; number of ~ sh_=---'t_ and numb~-r of ~heets ~n set and da~ th,= draw- ing was pr,=t:~red_ Sine,= d~nL2:S must be_ mproriuc~.cl, me h,=~¥y dark iinea. Color shading ~annot be. ,us_=d; howeve_r, dot sha~n~, hal~hin~, or similar gr~.. hi~. ~ymbols may be used tO =t~ify. iin,= drawings. Vicinity Map The vicinity map.' you provide wfiI ~ print,,,,~J in any public nol~:e thai is issued and used by th,= Corps of '-n.c~neers and c/d-~er r=.view- ing agent}es tO ic~-a~e th,= site of th,= pr)- posed, a~,~fivity. You.may use an road map or U.S. G_~o'logic~J Survey topagrap, hb map (~:at,= 1:24,0D0) as the vi=in~y map. Pl,=~e inctud,= ~ufficient det~ to simpFrfy locking th._= s~e fram both vmt,=.rbody and from: ta~d. )dent~iy ~e ~:~n.~ ~ ~ ~n ..~d, ~ n~.mre~y ~ io~ton of a~ sb (dmw ~ ~w me m~).. ~or o~er i~o~on ~m ~ Bb~ 6 on ~ ~p~on ~ r~e of ~~y ~d ~e n~e of ~,e ~ger ~ ~er, bay, e~., ~t ~ ~mmun~, or ~er i~ng i~ ~ ~ or nu~m of ~l ro~ in Plan View :--ne pi~n .view Shov~ th:_ pm.~se~ ~ ~ ~ ~u we~ l~ng ~ght d~ ~n ~ ~om ~ Your pi~ ~ shouid ~ ,~ N~ ~ ~~ (~er, ~ ~e, ~d m~m~ (~fing) high. ~de Foe' in iow w~r ~ U ~e prop~d ~ ~ lo,eft on a nom~d~ P. 54 15 [] '.Average water depths around the actMtT. [] Dimensions of the activity and distance it extends from the high water line into .the water. [] DLs'tances to nearby Federal projects, ii applicable. [] Distance between proposed ~ctJvity and naviga~on channel, where app[icable. [] Loca~on of slructures, [f any, in navigable wa~rs immediately adjacent to the proposed activity. Location of any wet. ntis (marsh=s, swamps, tidal fists, etc.) North an'ow. ScaJe. tf d~edged material is invoked, you must al=scribe the type of ma.te~, number of cubic y~ds, method of handling, and the location of fitl and spoil disposa~ area. The drawing should show pro- posed retenl~on i~, weirs, and/or other means for retaining hydrauiicaJiy ptaced materials. Ma~ the drawing to indicste previously completed portions of the .a~. Elevation and/or Cross Section View The elevation and/or cross section view is scale drawing that shows the side, front, or rear of the proposed actMty. If a section view is show~ it represems the proposed structure, as it would appear if cut intemalJy for ciisp[ay. Your elev'al~on should cieady show the following: [] Wmer eieva~ons as shown in the pian view. [] Water depth at waterward ~ce of pro- posed activity or, ff dredging is pro- posed, dredging and estimated disposal grades. [] Dimensions from mean high water line (in tidal watem) for proposed fiII or fioa~, or high tide line for pile supported pl~t- form. Describe any sIructur=s to be built on the platform. [] Cross section of excavation or.~tI, including approximste side slopes. [] Graphic or numerica] scale. [] Principal dimensions of the actMty. Notes on Drawings' r-I Nam~ of adjacent property owners who may be affected; Complete nam=s snd addresses should b~ shown in Biock 5 on ENG Form 4345. ~ Lega) property descrZpl~on: Number, name of subdivision, block and lot' number. Section, T~ip a. nd Range (-ff applicable) from plot, deed or ~ [] Photographs of the site of the proposed activity are not required; however, pic- tures are helpful and may be submitted as Part of any application. 'D,'-awfr~j~ .~outcl be as clea~ and .simple ~s ~ ~e.., not too "busy'~. ?.55 6 SAMPLE DRAWI N(~$ FOR A PERMIT APPLICATION NOTE: THE DRAWINGS SUBMIT'I'ED NEED NOT BE PREPARED i~¥. A PROFtE$$10NAL DRAr--'I'SlViAN AS IN THESE SAMPLES. NOTE: [,e-'IS~ CHANNEl. IS APPRCLY,. IO00 FEET O ~ 15'~", FROM PROPOSED PIER PIN T0 LOT 24' 1,. ~ PLAN VIEW FReD R. I-IARRI$ WEST BRANCH ROAD 8O P. 56 NOTES: t. ALL DEPTI'I$ I~,Za~ED OK I~LW= O. OO r-T. 2- FIZ.~'ER CLO'I'H ~ILL gE IJSE. D BEHIRD I~ULIiHEAD BEHIND FRINGE ~i'ET'L.&ND$ APPROX. 2.00 CU. '/'DS. OF ' I. IPLAND FILL PROPOb't='~) B~I..IiHEAD PiER ANI) FILL IN: ~".~ I~P. AN~H I'll'e'EN RIVER AT: B~E ~RB~ APPLI~Ti~ ~: FRED ~ H~ I1~ X la PER IHI3H ===================== 17 10' 2-10",~_ MOORING PILINGS L E'~J' ~rARDING PROPOSE. D GRADE F*]LL ARE~ VARIES FROM !' TO 4' GROOVE- PILl NG I0' SECTION VIEWS FRED FL HARRIS 852 WEST BRANCH R0,~D BLUE HARBOR, MD ~1703 P. 59 · D~T DL.~T~ BOUNDARES OHIO NORTH ATLA.~IC NC~OLK i9' P. 61  Wednesday .. December 24, 1980 L---=~ J -' EnvirOnmental ~' --' Protection Agency ~~ Guidelines for Specification of Disposal  .. Sites for Dredged .or Fill Material " P. 63 85336 ENVIRONMENTAL PROTECTIOh ' AGENCY Federal Re~ster / .¥ol. 45. No. 24g ! Wednesday. December 24. 1960 ! Rules and Regulations 4O CFR Part 2~0 Guiclellnea for Sp~.qflcatlon of Di~po~l ~te~ for Dr~ or M~t~r~l AG~Y: ~ent~] ~otection ~en~.. · e su~stan~ve ~te~a used in evalua~ ~s~a~es of ~e~ed or ~ate~al ~der section ~ oF ~e ~e~ Water AcL ~ese Guide~es ~se cl~ ~e September 5. ~5 final Guidel~es ~ge~i~ ~sche~e of ~edsed or fib mate~ ~to wate~ of ~e United States ~ order [3} Reflect ~e lg~ ~en~ents of ~ction ~ of ~e Clean Water Act {2) Co,ct ~a8equacies ~ ~e ~te~m final Guidelines by F~i~ gaps explana~om of ~accepteble adverts impacts on aquatic ecosystems end by ~qui~ng doc~en~fion of compliant. wi~ the Guidel~es: ~d {3] Aoduce a ~al ~ema~ doc~enL · ~ OA~ ~ese Guidel~es apply to aH ~ pe~it de~sions made e~ier ~er~ ~. ~. ~ ~e ~se of ~1 worb p~jecte of ~e U~ted States ~y Co~s of ~een ~vol~ disuse of ~ed or ~ ~te~ for which ~ere is no pe~t appli~fion or pe~it as su~. ~ese G~de~es.~ apply to aH projec~ on w~ cons~c~on or ~e~ con~ac~ issued, or on whi~ ~g is ~ifiated . for Co~s operations not pe~o~ed under con,act, after October the ~se of Federal cons~ction p~jec~ meeting ~e ~te~a ~ section 4~[r). ·ese Guidel~es will apply to p~jects ~or w~ch a final env~ental impact statement is filed ~ ~A after April ~. ~98~. FOR ~HER mFOMMA~ ~A~ Joseph ~vak. D~ector. C~te~ Stende~s Division ~-~), ~vimnmenta] ~tection ~en~,. telephone [~2) SU~ME~ARY ~e section G p~$rsm for the evaJua~on of pe~i~s for the discha~e of ~edged o~ fill mate~a] was o~ginally enacted as pa~ o~ ~e'Federal Water Pollution ConSol Amendments o[ 197~. ~e sec~on au~orized the Sec~ta~ the Army ac'l:L~ through the Chief' o~ F.n~inea~ to issue penni*- apectym~ ~ction ~[b)[2) Cuidel~e~. ~cUon ~)(2) allowed ~e ~ta~ to issue pe~i~ o~e~se pm~bited b~ Guidelines. ~ased on consideration · e economics o~ ~o~e and horatius. Sec~on ~[c) auth~ed ~e A~i~ator of ~e ~en~l ~tecfion ~en~ to pm~bft or ~w ~e specifi~fion of a site. ' upon a dete~afion ~at uae of ~e site wo~d have ~ ~a~eptable effect on m~icipal water supples. abel~sb beds ~d fishe~ (~u~ epe~ end b~ed~ Dnder'pecfion ~)[1]. ~e . Guidel~es a~ to be baaed on ~te~a comp~able to ~ose ~ section ~[c] of · e Ac~ for ~e teetotal conti~ous zone. end oce~s. U~e ~(c). 4~ applies to eD wares United S~tes. Characte~sfi~ of'wares of ~e U~ted States veu greatly. ~m~gion to re,on end wi~in a ~gion. ~e~ is a wide re~e flow. subsists, water quality, and use. ~ ad~fio~ ~e ~te~als to be dische~e~ ~e me,ods o~ dia~a~e. ~d ~e acOvifies associated disease ~so veu ~del~..~ese other v~a0one m~e it ~e~sflc' at ~is ~e to a~ve at n~e~cal ~te~e ' or stand~s for ~c or baza~ous subsets to ~e applied on a nafi~de bas~. ~e suacepfib~ · e aquatic ecoeFetem to de~adafion p~l~ pb~ai~l placement of ~ed or F~ mate~al ~er compli~tes ~e p~blem oF e~ et ~fionwide standards. A~ a ~s~t. ~e Guide~es concen~ate on speci~ ~e tools to be used ~ evaluat~ end testing ~e ....... impact o~ ~edged or fill mate~al diseases on waters of ~e United States ra~er ~an on simp~ lis~ n~eri~l pass-fail po~ts. ~e first section ~[b](l) ~uide~es were promulgated b~ ~e A~s~ator ~ ~te~m final fo~ on ~ptamber 5. ~g75. after cons~tafion ~ ~e Co~s o~ Engine,s. Since promulgation o~ ~e interim Fmal ~deli~s. ~e Act has been substan~all~ emended. ~e Clean Water Act of 1g~ established a proced~e for ~ansfe~g pe~itting auto,ties to ~e states. exempted certain discha~es f~m section ~ pe~t ~qu~menta. and ~eve ~e Co~s enfo~ement aurora. These amendements also increased ~mportance o~ ~e section Guidelines. since some oF the exemptions a~ based on alternative we~s o~ apply~ ~e ~uidel~es. ~ese changes, plus the experience oF ~A and the Corps in workL~ with the inte'r~n final Guidelines. have prompted e revision of the Guidelines. The proposed revision attempted to reorganize the Guidelines. to make it clearer what had to be considered L~eevalueUn8 a discharge and what weight should be given to such considerations. The proposed rev~aion also t~htened up the requirements for the permitting authorlys documentaUon ct the application cf the ~;uidelines. After extensive consultation with the · Corps, the proposed revisions were put out for public comment (44 FIT 54Lt2, September ~18. 19'~9). EPA has reviewed. iu~:L after sd~fional conaultalion with the Corps. revised the proposal in light of these comments. This preamble addresses the significant comment~ received, explains the char~ee made in' the regulation, end attempts to clear up some misunderstandL"~s which were revealed by the comments. Response to Significant Gore.meats Re~uIotio~ Venus Guideline A ~mnber of commenter~ objected to the proposed Guidelines on the ~unds that they were too "regulator~." These commentate argued that the term "~uidelinea" which eppearsin section 404(b)(2] requires a document with leas bindin~ effect than a regulation. EPA .. diseases. The Clean Water Act does not use the word "guideline" to 'dist, inguiah adviao~ information from . reguJator~ requirements. Section 404[b)[2] clearly demonstrates that Congress contemplated that discharges could be "prohibited" by the C, uideJ, ines. SecUon 403 (wb.ich is a model for the 4Ct [b)[l) Guidelines] also provides for "guidelines" which are clearly regulatory in nature. Consequently. we have not changed the regulation to make it simply advisor~. Of course, as the regul,tion itself makes clear, a certain amount oF flexibility is still intended. For example, while the ultimate conditions oF compliance are "regulator". the Guidelines allow some room for judgment in determinmg what must be done to arrive at e conclusion that those conditions have or have not been met. See. for example. § ~0.~ and § 230.~0. and introductor7 sentence in § Z30ao. Statutor~ .~,.beme and How the Guidelines Fit Into It A number oF commentate with objections appeared confused about EPA's role in the section .404 pro,'am. Some wondered why F. PA was issuing Guidelines since EPA could atop an unacceptable d~schar~e under section 404[c). 'Others were uncertain how the · . ' P. 64 Festers! Resistor ~ "'~1. 45, No. ~9 / Ou'-'deline~ ~iated to'other section 404 regulations. ' The crean Water Act prohibits the discharge of dr~ed or f'~ material except in compliance with section ~4. Section 40~ ~et~ up · procedure for issuing permits spec:t~L~ discharge sites. C;ertein discharges (e.g. emergency repairs, certain farm an~ ~orest roads, and other d~s~he~ges iden~J~ed ~n sections 404[f') and ir]) are exempted from the permit ~equ~rements. The pern~ttir~ autl~rity ~ither the Corps of Fmgineers or ~n approved State pro.am) approves discharges at particular sites through application of the se~ion 404[b)[1) Guideline& which ere the substantive criteria far dredged end fi J1 material discharges under the Clean Water A~t. Tbs Corps also conducts a Public Interest Review, which ensures that the di~har~ w~l] comply with the applicable requirements of other statutes and be 'in the public interest. The Corps or the State. as the case may be, must provide en opportunity for e public hearing before making-its de~ision whether to approve or deny. If the Corps concludes that the discharge does not comply with the Guidelines. it may still issue the pea'nit under 4o4[h][2) if it concludes that the economi~ of navigation and anchorage wa~ant. Section 404(b)[2) gives the Secretary e limited autho~ty to issue ps.nits prohibited by the Guidelines: it does.ncC es some commente~ suggested, require the Guidelines to consider the econ.'nice of navigation and anchorage. Conversely, because of 404[b)[2), the fact that a discharge of ~edged material does not comply with the G~delines does not mean that it can never be permitted. The Act recognizes the concerns of pons in section 404[b)[2]. not 404(b)[1). Many readers apparently misunderstood this point. l'~A's role under section 404 is several-fold. Fh-st. EPA has the responsibility for developing the 404[b][1) (~uidelines in conjunction with the Corps. Second. EPA reviews permit eppli~tions and g~ves its comments (ff any] to the pe~mit~ authority. The Corps may issue a permit even ff EPa. comments adversely, aJ'ter consultation takes place. L': the case of state programs, the State director may not issue a per~t over EPA's unresolved objection. ~ EPA has the responsibility for approvi~ and overseeing State 4~4 progran~. In addition, F..PA ~s en~arcement responsibilities under section 30~. Finally. ~der either the Federal oz State pro.am, the Administrator may ~ prohibit the specie.tics of e discharge site, or r~str~ct its use. by [ollowin~ the procedures set out in section ~4(cJ, if he determines that rllsc~ar~ would have an ~acceptable'adve~e effect on fish end shellfish a~as (in~ud~g and b~d~ a~as], municipal water supplies, wildlife or ~c~atinn e~as. He may do so ~ adv~ o~ a pla~ed discha~e or while a pe~it appli~tion is be~ eval~ed or even, ~ ~ual ~tancea, after issunn~ of a pe~U [~e p~emble ~ ~ ~ P~ A~s~tor u~s ~[c]. he ~ · e issuen~ of a pe~t by ~e ~s or a State ~ p~m Whe~ ~e Adminis~atar bas ~c~d his ~[c] autho~ ~ ~ibiL ~hol~ or ~s~ct ~e ~fi°n of a site for disp~e], his scion may not be ove~dden ~der section 4~[b)[2). fact ~at ~A has ~[c) au~o~ not lessen ~A's ~s~nsibili~ far developi~ the ~[b)[1) O~delinee use b~ ~e ~mitt~ aufio~, hdeed, if ~e Guide~es a~ ~operly a~lied. EPA w~ll ra~ly have to use ~s ~(c) veto. ~e ~ean Wa*er Act pro.des for several uses of ~e Guidelines in addition to ~e ~vidual pe~it application ~ew process above. For example. ~e Co~s or ~ - approved ~ete may issue ~eneral pe~its Jar a ~tego~'of sitar ~tivities ~ere it datelines, un basis of ~e ~][~] ~uidelines. ~t the activities wiD cause only m~al edve~e en~tal e~ec~ ~ individuall~ ~ ~atiVe]y 4~ie] end ~][1]]. h addison. ~me ~e exemptio~ ~ ~e pe~it. requirements ~volve application Guidelines. S~tion ~[r) exemp~ discha~es asso~atefi wi~ Feder~ cons~c~on projects where, among other ~gs, ~ere is an ~viro~ental ~pact Statement which considers exempts d~a~es ~vemd by best management practices approved ~der section ~8[b](4J[B) lc). ~e approval of which ~ based part on consistency wi~ the Guidelines. Several co--eaten asked for a statement on ~ epp~bfli~ of ~e Guidelines to e~omement prestiges. Under ~ecfiom 3~. ~][1][~). ~ ~(e]. ~ app~ved S~tes. and ~e Co~s all Play a role ~ e~o~ '~e ~ection 4~ pe~t req~emen~. ~forcem~t acfiom ~ appropriate when someone is ~a~i~ ~e~ed or fill materiel wi~out a ~quired pe~t. or violates ~ te~ ~d cunditions of a pe~it. The O~de~ea ~ su~ a~ ~eneralIy i~elevant ~.e dereliction Rules and Regulations ~$? of either kind oJ' violation, although they may represent the basis for parti~lar permit conditions which are violated. Under the Corps' procedure] regulations. · the Cor'~ may accept an application for an after-the4act permit, in lieu of in~'neciiately conunencing an · enforcement action· Such after-the-~act parrots ma)' he issued only i~ they comply with the 4o4(b][~] Guidelines as well as other requirements set out in the Corps' regulations. Criteria and · procedures far exercising the various enforcement option~ are outside the scope of the ~-ction 404(b](1) Guidelines. Some conunenters suggested that we either Include specific pern~t l~'~oessing pro~dures ar that we cross.reference regulations containing them- ~ch procedures ere des~'ibed in 33 CFR Part $20-327 [C',orps' procedv.~es) and in 4o (~FR Pa~ ~22-~124 [minimum S~ate procedures). Wh~ specific Stat~ 404 programs are ~pprovecL their regulations should also be consulted. How Future ~t~nges in the Testing Prevision Relate to Prnmul~ation of This F'mal Rule The September ~. lg?~l, propose] contained teeing pro. visions which were essentially the same as those in the Interim Fined reg~a~iur~. The Preamble to that proposal explained that it was our intention to propose chan~es kn the testing'provisions, but that a proposal was not Fat r~ady. Consequently. while we have been revising the rest of the Guidelines, we have also been workmg on a proposal ~ar reor~anizin~ and updating the testing provisions. Now that we have f~talLzed the rest of Lhe Guidelines, two op~ons m,e available to us. First. we c~ul,~ delay issuh-~ any final revisions to our 29~ proposal until we could propose a ~evised testing package, consider comments on it. and lrmalize the testing provisions. We could then put together the Guidelines and the revised testing ,,,-orion in one final regulation. The IS?5 interim final Cuidelines would apply in theb' enprety until then. Second. we could publish the final Guidelines Iwith the 1975 testing provisions) and simultaneously propose changes to the testm~ provision. It is our present belief that proposed chsr~es to the test~ provision would not affect the rest of the Guidelines, but the public would be ,,llowed to comment on any inconsistencies it saw between the rest of the Guidelines and the testi~ proposal. Then, when the comments to the testmg proposal had been c~nsidered, we wo,,l'd issue.a new fme] reg~at~nn incorporating both the previously promulgated final Guidelines and the f'mal revised testing provision. P. 65 83338 Federal Register / Vol..45, No, ~49 / WecL"tesda)', December 24, 1~0 / Rt~les and Regulations We have selected the second option because th. is approach ensures that needed ampi. or,meets to ~a a~ mede e~ecflve at ~e e~eat possible date, It ~ves ~e ~blic ~ple oppo~ to ~ent on ~e ~ed tesU~ ~cfio~ ~d It ~ta~ ~e 1975 te,~ ~menU ~ sO. ct d~ ~e ~te~ whi~ wo~d be ~e case event M~ .aden obJe~ to ~e le~ ~d ~mple~ ~ ~e G~de~e~. We have euba~n~y no~e~d ~gulaflon to eliminate dupli~five mete~al end to p~de a mo~ 1o¢~1 ~equen~. ~eae ~a~e, cho~d make it easier ~or appU~U to ~de~t~d ~te~a ~d for Sate ~d ~ pe~t evaluaton and ~e A~ia~tor to apply ~e ~tefie. ~hout ~e do~enC we have also made m~or la.age ~e~e, to ~p~ve clad~ o~ ~e ~afions, often at ~e aug.arian of co~enten, Follo~ general ~ducto~ nat,del end ~e actual compliance requi~men~, ~e ~gu]ations e~ now' o~e~zed to ~o~ closely follow step, ~e pe~t~ au~od~ ~11 take ~ a~ at ~, ~ate decision on compliance ~ ~e G~e~es. By ~o~e~z~ ~e G~deiine, ~eshio~ we we~ ~,o able to iden~ and eliminate dupli~ve mai. riaL For example. ~e proposed Gutdel~es ~ted ways to ~e ~pec~ ~ m~y separate aecOons. Since ~e~ was substantial overlap ~ ~e epe~fic me~o~a ,~ested ~ ~ose sections, we consolidated ~em into new Subpart H. Other ~dual aecUon, have been made mo~ concise. ~ addition, we have de~esed the number of comments, mov~ ~e~ to ~e ~eemble or making ~em pa~ o~ ~e ~eguletion, es appropriate. Gene~ Pe~ ~ issued after proper consideration o~ ~e Guidelines. General pe~itp are a useful tool ~ protecting the environment wi~ a minim~ of red tape and delay. We expem ~at ~eir use will expand in ~e ~t~. Some commente~ were confused about bow General pe~its work. A General ~it ~ll be is,ued only after the pe~ittt~ au~oriW baa applied Guidelines to ~e ~a. o~ dis~a~es to be covered by ~e pe~it. ~e~fore. there is no need to ~peat ~e process at the time a parti~ler discha~e covered by the pe~t take, place. O~ under be~ ~e Co~,' repletions and ~A'a regulaUons for State programs, the pe~itting a uthority may ,u,pend General pe~ats or require individual permits where envL-onmentsl concerns make it appropriate. For example, cumulative impact, may turn out to be more seriou, than predicted. This read.tits is not intended to e,tablish the p~:~'e~ for i.u~nca of G~eneral permits. That is the re,ponsibili~ of the pern~ttin8 authorit~ in accordance with the requirements o; section 404. Burden of Pzoo! A number oF commenters objected to the presumption in the regulations in general and in proposed ! ~,30.1[c] in partlcul&r, that dredged or ~l materiel should not be diocha~ed unless tt is demonstrated that the planned di.char~e meets the Guidelines. These cornnenten tbous~ht that it was un, air and inconsistent with section 404[c) of the Act.. We disagree with these objections. and have ret.teed the presumption " against d~scher~e and the exist, ins burden of proo£ However. the section baa been rewritten for The Clean Water Act itself declare, a national goal to be the elimination o~ the cllscharge of' pollutants into the nev~able waters (,ection Thi, goal I, implemented by section 30:1, which ,rate, that such discharges are unlawful except in compliance with, inter o//o, section 404. Section 404 in turn authorizes the per~tttin~ authorit)' · to allow discharge, of dredged or fill' material If they complY, with the 404p~](:1] GLddelines. The statutory scheme makes it clier that discharges shell not take place untO the), bev~ been found acceptable. Of course, th. is finding may be made through the General permit process and the statutory exemptions es well as through individual permits, The comment.re who argued that ,action 404(c) shifts the u,ual burden to the EPA Administrator misunderstood the relationship between section 404(c) and the permitting proces,. Tbs Administrator's authorit), to prohibit or res~ct a site under section 404(c) operate, independent), of the Secretary of the Arm¥'s permitt.in8 authorit), in 404[a]. The Administrator may use 4~4(c) whether or not a permit application is pending. Conversely, the · Secretary me), deny a' permit on the best, of the Guidelines, whether or not EPA tnitietes a 404(c) proceeding, If the ^cL'ninistrator uses hi, 404[c) "veto," then he does have the burden to justify his ac~on, but that burden doe, not come into pla), until he begin, a 404(c) proceeding [See 40 CFR Part Toxic Pollutants Many comment.rs objected strenuously to the presumptions in the ~,,aeline, that toxic pollutants on the section aOT(a)(3) list Lre present in the aquatic environment unless demonstrated not to be, and that such pollutant, are biulo~ically available unless demonstrated otherwise. Tbe,e comment.rs argued that rebutting these presumption, could involve individual test. in~ for dozens of substance, ever), time a discharge is proposed. Lmposir~ an onerous task. The proposed regulation attempted to avoid unneceasa27 testLng by prov~din~o that when the ! ~.30&?.[b] "reason to believe" process Indicated that toxics were not present in the discharge materiel, no teatil~ wee required. On the other hand, contaminants other than tvxics required testing fl. that same '*reason to believe" proc.se ~ndicated they n:dght be present in the dische..~e materieL This is in fact a distinction without a di~erence. In practical application, toxic and non-toxic contaminants are treated the aa.me:if either may be there, tests are performed to get the in~ormation for the determinations: fl' it is believed the~' are not present, no teath~ is done. ]~ecau, e the additional j~reeumption for toxic~ · did not actually serve a purpose, and because it was a possible source of conf.usion, we have elimtqated iL and now treat "toxics" and othe~' contaminants alike, under the "reason to believe test" (J 230.80). We have provided in t 230.3 a del"tuition of' "contaminants" which encompasse, the 307(a)[1) toxics. Water Dependency One of' the provisions in the propo,ed Guidelines which received the most objection, wes the so-called "water dependency test" tn the proposed § 230.30[e). This provision imposed an additional requirement on f'dls in wetlands associated with non-water dependent activities, namely a showing that the activity was "necessary." Many environmentalists objected to what they sew as a substantial weakening of the :1075 version of' the water dependency test; Industry and development.oriented groups, on the other hand. objected to the "necessarT" requirement because it wes too subjective, and to the provision as a whole to the extent that it seemed designed to block discharges in w~tlands automatically. We have reval;wed the water dependency test. its original purpose, and iu relationship to the rest o( the Guidelines in light of these comments. The original purpose, which many comment,rs corrunended, was to recognize the special values of wetlands end to avoid their unnecessary destruction~ particularly when · - ' P. 66 practicable alternatives were in non-aquatic arena to achieve the · basic purposes of the proposal. We st)Il support this goal b~t we ~ve ~ed the water~e~nd~ ~t ~ ~tter achieve it. F~sL we ~e ~ ~e ~en~ ~ bo~ si~es bi ~e *~en~" test imposed ~ ~e ~ p~sal ~ not likely to be workable ~ prac~ce, and may spa~ mo~ ~s~tes ~n tt settles. However, ff ~e "n~asa~' test simply deleted, secU~ ~.l~e) does not p~de any ~al ~c~iUon of or p~tecUon for wounds, and ~ defea~ i~ p~e. F~e~o~, even · e ~ecessa~" ~ we~ ~teined, ~e p~vision applies only to diseases'of fill ~ate~n], not ~s~es of ~ed ' material, a ~sUn~on whi~ lessens ef[ec~veness of ~e p~sio~ ~us, we have decided, ~ acca~nce ~ ~e co~en~, ~at ~e p~posal is ~satisfacto~. We have ~e[o~ ~ded te focus on, ro~d ouL ~d s~e~en ~e approa~ of ~e ~ed "water dependency" ~o~sion ut ~e 1975 re~lntion. We have ~je~ed ~e su~estion ~at we simply go ~ to ~e lgT~ la~uage, ~ pa~ ~canse it wo~d not mesh easily wi~ ~e revised general provisions of ~e ~de~es. ~tend, o~ ~vised "water dependent" provision ~eates a p~s~p~on ~at ·ere are prac~cabie alte~atives to "non-water dependent" disables proposed for spe~al aqua~c sit~. "Non- water depender" ~s~a~es a~ ~ose assorted ~ ac~vi~es wh~ do not requi~ a~ss ~ p~ to or within ~e spca] aq~c site to their basic p~e. ~ example ~ a to ~eate a resta~nt site. s~ resta~ants do not need to be in wetlands to ~lfiil their basic puttee of feeding ~ople. ~ ~e case of such actiones, it i~ ~nsonable to assume · ere ~ll generally be a practicable site available upland or ~ a ~ss ~]nerable pa~ of the aquatic ecosystem. ~e mere fact that an alternative may cost somewhat mo~ does not necessa~ly mean it is not p~c~cable (see ~ ~.lo[aJ[2) and dis~esion belowl. Because ~e appli~nt may rebut ~e presumption ~8h a clear sho~ng a given case. no ~asonable ha~ship shoed be worked. At ~e same ~e. · is presumption should have ~e e~fect o~ fo~ing a b~d look at ~e feasiblli~ of us~ env~entaHy pre.robie aires, ~is p~s~pUon ~sponds to ~e ore,helming number of co~ente~ who ~ed ~ ~ re.in a water decadency test to avoidable diseases ~ wetlands. In ad.flus, the 1~5 provision ei~ect]ve]y created a special ir'rebuttable presumption L~t alternatives to wetlands were ~lways less de.mm_~%o to L~ aquatic ecosystem. · Because our experience and the comment~ indic, ate that t~s is not always the case. ~ because L~ere could be substamial in~pac~ on other element~ ut the environment and only minor impact~ on wetlands, we have chosen in~tead to i~pose an expliclL but rebuttable, presumption that alterua0ves to discharges in special a'quatic sites ere less dam~in~ to the aquatic ecosystem and ere enviromnen.ta.0y pre~erable. Of' course, the ~enere] requirement that impact~ on the aquatic ecosystem not be unacceptable also applies. The legislative histor~ of the L"le. an Water Act. Executive O~er.llggO. and.a le~e .. body of' scientific L~ormatiun suppor~ this presumption. Apart bom the ~act that it may be rebutted, ti'ds second presumption reincorporates the key dements of. the 1975 provision. Moreover, it strengthens it because the recognition of the specLe.l environmenta~ role of. wetlands now applies to all discharges in special equati~ sites, whether ti' dredged or fid material, and wbether or not water dependent. ~! the same t~e, this pres'urnplion, l~e the first one described above, retains sufficient flexibility to reflect the ci. rcmnstances of unusual CaSeS. Consistent with the seneral burden of proof under thee Guidelines~ where an applicant proposes to discharge in a special aquatic site it ia his responsib~i~ to persuade the permittin~ authority that both of' these presumptions have clearly been rebutted in order to pass the alternstives portion of these Guidelines. Therefore. we believe that-the hew § ~o.1o(a](3). which replaces proposed 230.10(e), will ~ve speaa] protection to wetlands and'other special aquatic sites regardless of material discharged, allay industr~'s concerns about the "necessa~" teal recogrdze the possibility of in~pact~ on a~r and upland systems, and ecknowtec~e the variability emon~ aqua~c sites and discharge acti~it, ies. Alternatives Some commentate objected at lengtb to the scope of alternatives which the Guidelines require to be considered, and to the requirement that a permit be denied unless ,the least harn~ul such alternative were selected. Others wrote to urge us to retain these requirements. In our judgment, a number of. the objections were based on a -~ ~underutan~h.~_ of what the proposed ~.emativea analysis required. Therefore. we have decided to clarify the regulation, b~t have not changed its basic thrust. Section 403(c) clearly requires that alternatives be considered, and provides the basic legal basis ~or our requirement. While the statuto~ provision leaves the A~en~ some discretion to decide alternat]ves are to be considered, we believe that the policle~ and goal~ of the Act" as well as the other authorities cited in the Preamble to the proposed Guidelines, would be beat served by the approach we have id:ea. ' ° F'~t, we emphasize that the only alternatives which, must be considered ere pro~U'~Z~/e alternatives. W1~ is practicable dependl on cost. technical, and lo~iaLic factors. We have cheqed the word *'economic" to *'cost**. Our intent is to consider those alternatives which are reasonable in terms of the overall scope/coat of' the proposed project. The term economic n~ht be cbnatrued to include cofiaideration of' the applica.nt'a ~nancLs] stanJ:~, or invest-neat, or market share, a cumbersome inqu~'~ which is not necessarily mate~ial to the objectives of' the Guidelines. We consider it implicit that, to be practicable, an alterna~ve must be capable cd' achieving the basic purpose of the proposed a~-tivit~. Nonetheless, we have made Lhis explicit to allay widespread concern. Both "interr~l" and "extern~" alternat]ves, as described in the September ~8, ~eamble. must aatia~ ~ prac~ceble test. In order for an ".external"' . alternative to be practicable, it must be reasonably available or obtainable. However. the mere [act of' ownership or lack therco£ does not necessaril~ determine reasonable availability. Some readers were apparently co.used by the Preamble to the Proposed l~eguletion, which referred to the Jact the National Enviromnental Policy Act (I~r..PA] may require consideration of courses of action beyond the a~thority of the agency involve~. We did not mean to nu&gest that the Guidelines were necessarily ~mposing such a requirement on private individuals but. rather, to surest that what we were requirir~ was well within the alternatives analyses required by SeconcL once these practicable alternatives have been identified in this fashion, the per~tti~ authori~ should consider whether any of' them- including' land disposal options, are leas enviroumenteDy harmful tb~n the proposed dlachm'~e project. Of' coune, where there b no significant or easily identifiable difference in iznpact. ~e P. 67 alternative need not be considerec~ have "less adverse" hnpa'cL Several commenterJ questioned the legal basis for requiring the permitting ' authority to select the least cb.aegina alternative. [The use of the term "select" may have been misleading. Strictly speaking, the permitting authority does not select anyt~i~: he denies the permit If the guidelines requirements have not been complied with.) As mentioned above; the statute leaves to EPA'a discretion the exact implementation of the alternative requ~ement in secUon 403 of the Act. In large part. the approach taken by these regulations is ver~ similar to that taken by the recent section 403(c) regulations [45 FR 55942. October3, 1980). There is one difference: the Guidelines always prohibit discharges where there is e practicable," less damaging alternative, while the' section 403(c) regulations only apply this prohibition in some cases. This difference reflects the wide range of water systems subject to 404 and the extreme sensitivity of many of them to physical destruction. These waters form e priceless mosaic. Thus. ti' destroctio~ of an area of waters of the United States may reesonab!y be avoided, it should be avoided. Of course, where a catego~ of 404 discharges is so minimal in its effects that it has been placed under a general permit, thetis is no need to perform a case-by-case alternatives analysis. Th. is feature corresponds, in a sense, to the category of discharges ~der section 403 for which no alternatives analysis is required: Third. some conunentere were concerned that the alternative consideration was unduly focused on water quality, and that a better alternative h'om a water quality standpoint might be less desirable from, say. an air quality point of view. This concern overlooks the explicit provision that the existence of an alternative which is less damaging to the aquatic ecosystem does not disqualify a discharge if that alternative has other significant adverse environmental consequences. This last provision gives the permitting authority an opportunity to take into account evidence of damage to other ecosystems in deciding whether there is a "barter' alternative. Fourt~ a number of canunenters were concerned that the Guidelines ensure coordination with planning processes under the Coastal Zone Management Act, § 208 of the ~A'A, and other programs. We agree that where an adequate alternatives analysis has already been developed, it would be wasteful not to incorporate it into the 404 process, New. § 230,10[a)(5] makes it l.-eoeral xeS~lter / ¥0L 4b, A~O, 24g / weclnesaay, L~ecem~er z4, '~g~ / Kulea eno I~eEulattons clear that where alternatives have been reviewed under another process, the permitting authority ahaU consider such analysis. However, ff the prior analysis is not as complete.as the alternatives analysis required under the Guidelines. ' he must supplement it as needed to determine whether the proposed discharge complies with the Guidelines. S~ction 230.10(a](4) recognizes that the range of alternatives considered in NEPA do..meats will be suf~cient for ' section 404 purpoae, a, where the Corps is the permitting authority. (However, a . greater level of detail may be needed in particular cases to be adequate for the 404[b][1] Guidelines analysis.] This distinction between the Corps and State permitting authorities is based on the fact that it is the Corps* policy, in carrying out its own NEPA .......... responsibilities, to supplement [ or require a supplement to] a' lead agency's environmental assessment or impact statement where such document does not contain sul'ficient inJ'ormation. State permitting agencies, on the other hand, are not subject to NEPA ~n this marmer. We have moved proposed § 230.10(a][1) (iii], concerniAg "other particular volumes and concentrations of pollutants at other specific rates**, from the list of alternatives in § 230.~0 to Subpart' H, Minimizing Adverse Effects, because it more properly belong.s there. Dei'xnitions (§ ~30.3) A number of the terms defined in § 230.3 are also defined in the Corps' regulations at 33 CFR 323.2, applicable to the Corps' regulatory program. The .Corps has recently propnsed some revisions to those regulations and expects to receive conunents on the definitions. To ensure coordination of these two sets of regulations, we have .... decided to reserve the definitions of · 'discharge of ch'edged materiaL'* "discharge of fill materiaL' "dredged material," and "fill material;' which otherwise would have appeared at § 230.3 [0, IS), (il, and [I). Although the term~*'waters of the United States" also appear~ in the Corps' regulations, 'we have retained a definition here, in view of the importance of this key jurisdictional term and the numerous comments received. The definition and the comments are explained below. Until new deFmitions are published. directly or by reference to the Corps' revised regulations, users o~ these Guidelines should refer to the c~efinitions in 33 CFR 323.2 (except in the case of state ~ programs, to which the deFmjtions in 40 CFR § ~22.3 apply.) Waters of the United States: A number of commenters objected to the ,efinitlon of "waters o! the United States*' because it was allegedly outside the scope o~ the Clean Water Act or of the Constitution or because it wes not identical to the Corps' de"tuition. We have retained the proposed definition with a few minor changes for ~arit~ for several ~asons. Fl~t, a number co.ts have held ~at this basic definition of wate~ of ~e United States ~asonably ~plemen~ aec~on ~(?~f · e Clean Water Ac~ and ~at it Sail Com~n~ v.~we~e. 578 F~ p~ferable to have ~ ~fo~ de~Uon. for ~ten o~ ~e U~ted States, and for all ~s~afions and pro~em~ ~der ~e CW~ We have decided to use ~e wo~ns ~ ~e ~cent Consolidated Pe~t Relations, 45 Fed. Res, ~eF ~9. ~9~, es ~e stander.' Some co--eaten s~eeted reference ~ ~e deflation to watch from whi~ fish a~ taken to be sold interstate co--arcs be expanded to include areas whe~ eu~ fish spe~. While we have not made ~is change because we wish to maintain consisten~ wi~ ~e wording o~ the Consolidated Pe~it ~gulations, we do not ~tend to surest ~at a apa~i~ area may not have ei~ificance for comme~e. ~e ps.on bf ~e definition at issue lists major ex~p~s, not ways w~ cohere ma~ be ~volved. Some ~viewen questioned ~e statement ~ proposed J ~.~2[c] (now ~ ~.ll[h]) ~at ac0~ties on fast land ~eated by a disuse of ~dged or mate~al a~ ~ns~de~d to be of ~e United States for p~oses of · ~se G~de~es. ~e p~poaed ten.age was mislead~ and we have ~anged it to mo~ acc~ately ~flect intent. When e ps. on of ~e Waters the United States has been legally conve~ed to fast land by · dische~e of dredged or flu mate~al, it does not rema~ watan of ~e U~ted States subject to section 301[el. ~e ma~ be les~ became it was auto.zed by a pe~it or ~cauae it was made before ~e~ was · pe~tt ~9uiremenL ~ ~e case of an riegel ~s~a~e, the fast land may ~main subject to ~e j~sdicfion of ~e Act ~ ~e 8overeat deletes not to seek ~storafio~ However, ~ eu~o~ a · T~ ~msolidsted Permit kesulatioM exclude ce~atn waste t~atmeni systems f~m watch of ~e Unit~ StateL %e exact tern of ~s axe.ion an ~a~e ahoflly. For ~ ~ ~ese G~de~es as published do not ~nts~ ~e ex~usion 8s o~i~Uy wo~ed m ~e ~nsolidzted Pe~it ReSula~ons. When publishe~ ~e ~ct~ ~ion wad apply to ~e ~uidel~s as we~ ms ~e ~oli~ted ~t ReluJalio~. · - , P. 68 discharge whi~ will create.fast la. nc~ the permitting authority should consioer, in ad~tJon to t~e direct efTects air the fid tnself, the effects on the aquatic environment of any reasonably foreseeable activities to be cauducted on that fast land. ~-;.. Section 230.54 (propc~ed ~30.4.1) deals with impacts on parks, national and historical monuments, national sea shores, wilderness areas, research sites, 'and similar preserves. Some readers were concerned that we intended the Guidelines to apply to activities in such preserves whether or not the activities took place Ln waters bf the United · States. We intended, and we think the context makes it clear, that the GuideLines apply orgy to the speci~caLion of discharge sites in the waters of the United States, as def'tned in § 230.3. We have included this section because the fact that a water of the United States may be located tn one of ' these preserves is si~rdflcant in evaluating the impacL~ of a discharge into that water. Wetlands: Many wetlands are waters of the United States under the Clean Water Act, Wetlands are also the subject of Federal Executive Order No. :l:zggO. and various Federal and State · laws and regulations. A number of these other programs and laws have developed aD&bUy different wefts.nde defmitions, in part to ar.x:ommedate or emphasize specialized n.eec~. Some of these definitions include, not orgy wetlands as these Guidelines define them. but also mud fiats and vegetated and unvegetated shadows. Under the Guidelines some of these other areas are grouped with wetlands as "Special Aquatic Sites" [Subparl El and as such their values are given special recognition, [See discussion of Water Dependency above.) We agree with the comment that the National Inventory of Wetlands prepared by the U.S. Fish and Wildlife Service. while not necessarily exactly coinciding with the scope of waters of the United States under the Clean Water Act or wetlands under these regulations, may help avoid construction in wetlands, and be a useful long-term planning tool. Yarioua commenters objected to the definition of wetlands in the Guidelines as too broad or too vague. This proposed definition has been upheld bY the courls as reasonable and consistent with the Clean Water AcL and is being retained in the fmal regulation. However. we do agree that vegetative guides and other background material may be helpful in applying the definition in the field. EPA and the Corps are pledged to work on joint research to aid tn Jurisd~ct~on. sl detern~ation~. develop ~ mat~ we w~ ~e · em av~eble ~ ~e O~er co~ent~ a~ested ~at we expand ~e ~st of ex.pies ~ the second a~ten~ of ~e weOand definition. ~ile ~eir s~este8 ad~o~ ~uld legally ~ added, we have not done so. ~e list examples o~y, and does not ~ta~on on ~e basic definition. We a~ ~]uctant lo atari expand~ ~e lisL ~ce ~e~ a~ many kinds of wefl~ds whi~ co~d be ~ude~ ~d ~e cou~ ~e ve~ ~wieldy. ~ bddi~on, we w~b as examples, not o~y areas w~ gen~agy fit ~e we~d deRnitions, but also ~eas which may or not meet ~e dermi~on depen~ng on ~e part, ar c~c~stances o[a given site. an area ~eets ~e de~on, it is a we~and for p~oses o~ ~e Clean Water Act. whaler or not it falls ~to one ~e listed examples. Of often ~en sol it ~ be one of ~e ~sted examples. A few commentets ~ted a~leged ~co~sistencies between ~e deRnition of wet,ds ~ ~ 2~.3 and ~ ~.4: ~ile we see no inconsistent, we have sho~ened ~e latter section as o~.e~ort to el~inate u~ecess~ co,eats. " Unvegetated Shallows: ~e of ~e' special equate ~as listed in proposal was "~vegetated shanows" [~ ~.44~. Since special aqua~c a~as are aubje~ to ~e pres~ptio~ be clearly defined so ~at ~e..pe~it~ - au~o~ may ~adi]y ~ow whe~ to apply ~e pres~pfi~e. We unable to develop, at this time. a deflation ~or unvegetat~ shallows which was bo~ easy to apply and not too inclusive or exclusive. The~fo~. we have de~ded ~e wiser coupe is delete unvegetated shallows ~m ~e special aquatic area classification. co~e. as wate~ of ~e United States. · ey are still subject to ~e rest of the Guidelines. "Fill Mate~a1": ~e are temporarily rese~in8 ~ 2~.311]. Beth ~e proposed Guidelines and ~e proposed Consolidated Pe~it Repletions defined fi~ marshal as mate~al discha~ed for the p~a~ pu~ose replacing an aquatic a~a with ~land or of ~an~ng the ~ttom elevation of a water ~dy. rese~ to ~e NPD~ pm~am discha~ee with ~e ~me effect which are primarily for ~e pu~o~ of disposing of wests. Both proposals solicited comments on this distinction. refe~ed to as the prima~ pu~ose test. On May ~g. ~9~. acting under a courl- ,c~ed deadline, ~:PA issued ConsoLidated Permit Regulations whfe the 404[b)(1) Guidelines ndem-~,~g was still pending. These Consolidated Regulatio,u contained a new de£u'dtion of fill materi~ whir..h el~minated the primary purpose test and in~uded as fill material aU pollutants which have the effect of fill, that is, which replace part of the waters of the U~ted States with dryland or which change the bottom elevation of a water body for an)' purpose. TI~ new del~,'tition is ~imllar to the one u~ed befm'e 2977. Ouri~ the se~on 404(b}(1} rulemakin& the Corps has raised certain questions abont the implementation of such a definition. Because of the importance of malting the Final Guidelines available without further delay, and because of our desire to cooperate with the Corps in resolving their concerns about fill material, we have decided to temporar0y reserve § 230.3[~) pending further discussion. This action does not affect the effectiveness of the ConsoLidated Permit Regulations. Consequently; there is a discrepancy between those regulations and the Corps. regulations, which ati~ contain the old definition. Therefore. to avoid any uncertainty from this situation, EPA wishes to make clear its enforcement poLicy for unpermitted disctmrges of solid waste. EPA has authority under section 30~ of the CWA to issue admL~Listrat~ve orders. against violations of section 301. Unpermjtted discharges of solid waste .into waters of the United States.violate section 301. Under the present circumstar)ces. F..PA plans to issue solid waste administrative orders ~ith. two basic elements. First, the orders will require the violator.to apply to the Corps of lr-,~gineers for a section 404 permit.within a specified period of time. (The Corps has agreed to accept these applications and to them until it resolves its position on the definition of fill material.) Second. the order will constrain further discharges by the violator. In extreme cases, an order may require that discharges cease hnmediately. However. because we recognize that there wi.Il be a lapse of time before decisions are made on this ~:ind of permit application, these orders may expressly allow unpermitted discharges to continue subject to specific conditions set forth by EPA in the order. These conditions will be designed to avoid further environmental damage. Of course, these orders will not influence the ult,,mate issuance or non- issuance of a permit or determine the conditions that may be specified in such a permit. Nor will such orders limit the P. 69 8S342 Federal Register ! .Vol. 45, No. 249 ! Wednesday, December 24. 1980 ! Rule· and Regulation· Admtnistrstor's authority unde~ _.~ction ~os(b) or the rlaht of a ~ttzen to b~ suit ~al~t S ~olat~ ~der se~on o~ ~e Pe~ftt~ Au~o~ ~e have·used · e new te~ "pe~ au~o~,~ instead o~ "Ois~ ~neer," ~ughoot ~ese ~lefions, tn ~co~ition o~ ~e fact ~et under ~e ~ amen~en~ approved States also issue ~i~. ~veral co~en~ we~ conce~ about ~e ~lefionship be~e~ section ~ and approved ~este! Zone ~anagement [~) plane. e~ssed conce~ ~at ~e Guidelines might au~o~e a ~s~a~e p~bited by a ~ plan: o~en objected to ~e tact ~at ~e Guide~nes might p~hibit dischn~e whi~ was ~nsistent ~ a C~ plan. Under section ~7[b) of ~e ~ AcL no Federal pe~ may be issued ~til · e applicant ~shes a ce~fion · at ~e disease is consistent ~ an approved ~ plan, ~ ~e~ is one, and '~e State conc~ ~ ~e ce~cation or waives ~ew. Section 3~.2[b){2) of the Co~s' ~le~o~ w~ applies to aH Federal ~ pe~fte. ~plements ~s ~qui~ment for section ~. ~ouse ~s' regulafious adequately ad~ss · e C~ consisten~ ~q~ment, we have not duplicated j 3~.2~]{2) ~ ~e Guidelines. ~e~ a State issues State ~ pe~its, it may of co~e consisten~ ~ its C~ plan ~nder State law. ~e second conce~ ~at ~e ~ Guidelines ~i~t be s~cter~an a C~ plan. points out · Possible problem ~ ~ plans, not with ~e Guidel~es. Under ~7[~ of ~. all ~ plans must p~vide for compliance with applicable requirements of ~e Clean Water Act ~e Guidelines ere one such requiem·at Of coupe, to ~e extent that a ~ plan is general and a~a- wi~e. it ma~ be ~possible to include its development ~e same project- spec~c co~ideratioh'of ~pacts and alternatives requi~d ~der the Guidelines. Nonetheless, it ca~ot eutho~ze or mandate a ~s~e~e of ' dredged or fill marshal which fails to comply ~ tbs ~qui~ments of ~ese Guidelines. Often C~ plans contain a requiem·at ~at all acfi~ties ~nducted under it meet ~e pe~it r~ui~ments of the Clean Water AcL ~ su~ · case, ·ere could of co.se be no ~nflict between ~e CZ~ plan and ~e requirements of ~e Guidelines. We agree wi~ co~ente~ who ~e ~at delay and duplication of e~o~ be avoide~ by consolidating alternatives studies ~quired under different statutes, including the Coastal Zone Manageme... Act. However, since some plea.nih8 proceues do n~t deal wtth specific p~jectL their consideration alt·maUves.may not he sufficient for the Guidelines. ~Nhere another alternative analysis is less complete then that contemplated under section 404, it may not be used tn weaken the requirements of the Guidelines. Advanced ldenti.qcafion of Dredged or FiLl Material Disposal Sites A large number of comment·rs objected to the way proposed ! 230.7I}, new Subpart L had been changed f~om the ~I9'/5 regulattons..A few objected to the section ltse].[ Most of the conunents also revealed · mistmderstan,~i~.~a about the signif~nce of ident. LfFing an area. · First. the fact that an area has been .... identified as unsuitable for a potential discharge site does not mean that someone cannot apply for and obtain a permit to discharge there as long as the Guidelines and other applicable requ.irements are satisLt'ied.' Conversely, the fact that an area has been identi.qed as s potential site does not ~cean that a permit is unnecessary or that one v~,'ll automatically be forthcoming. The intent of this sectioti was to aid applicants by giving advance notice that they .would · have a relatively easy or dif~cult t. Lme ' qualify/tag for a pet-~t to use particular ' areas. Such advance notice should facilitate applicant planning and shorten permit processing time. Most of the Objectors focused on EPA's "abandonment'* of its *'authority" to identif~ ~itea. While that "authority" is perhaps less "authoritative" than the comment·rs suggested (see above}, we agree that there is no reason to decrease EPA's role in the process. Therefore, we have changed new § 230.B0(a) tn read: "Consistent with these Cuidelinen. ant4 the permitting authority on their own initiative or at the request of any other party, and after consultation with an), affected State that is not this permittin~ authority, may . identify sites which will be considered as:' We have also deleted proposed § 230.?0(a][3], because it did not seem to accomplish much. Consideration of the point et which cumulative and secondary impacts become unacceptable and warrant emergency action will generally be more appropriate in · permit-by-permit context. Once that point has been so determined, of course, the area can be identified as "unsuitable" under the new § · EPA ma)' foreclose tbs use of at site by exe~-zstn~ itt au~n~ ~r ~uon ~c}. ~e sdvan~ identifi~Uon ~f~ ~ ~ t~s ~tion b not a lection ~{c} ~bitio~.. Executive Order ~044 A number of comment·rs took the position that Executive Order 12044 requires EPA to prepare a "regulatory analysis" in connection with these regulations. EPA disagrees. These regulations are not. strictly speaking, new regulations. They do not impose new standards or requirements, but rather substantially v. lari~ and reorganize the existing interim f'mal regulations Under EPA's criteria'implementing E.~ecutive Order 12044. EPA wffi prepare a Regttlatory Analysis for any regulation which imposes o~o*/~ono/annual coats totalling $'100 million or which wOl result tn a-total od~t/o~ cost of production of any major product or service which exceeds 5~ of its selling price. VV'hiie many comment·rs, particularly members of the American ,Association of Port Authorities (A. APA), requested a regulatory analysis and claimed that the regula,tions were too burdensome, none of'them explained how that burden was an oo~c~/tiono/one att3'ibutable to this revision. A close comparison of the new regulation and the explicit and implicit requirements in the interim t'mal Guidelines reveals that there has been very little real change in the criteria by which cllsche.rges are to be ju~ed or in the tests that must be conducted; therefore, we stand by our original detern~ination that a regulator~ analysis is not requirecL Perhaps the most significant area in which the regulations are more explicit and arguably s~"tcter is in the consideration of alternatives, However, even the ~9'/5 regulations required the perilling authority to consider "the availability of alternate sites and met.hods of disposal that are less damaging to the environment,*' and to avoid activities which would ha'va significant adverse effects, We do not thin]~ that the revised Guidelines' more explicit direction to avoid adverse effects that could be prevented through selection of a clearly less damaging site or method is a change imposing a substantial new burden on the regulated public, Because the revised regulations are more e.xplicit than the interim final regulations in .some respects, it is possible that permit reviewers will do a more thorough job evaluating proposed discharges. This may result in somewhat more carefully drawn permit conditions. However, even if. for purposes of argumenL the possible cost of complying with these conditions is considered an oc~/~io~o! cost. there is no reason to believe that it alone will be an.wvhere near $'X00 million annually. · -- , P. 70 We also believe that it is appr~ te to recognize the regulst0r~ benefh. ,rom ' these more cerefuli)' drafted £mal regulations. Because they are much clearer about what should be considered and documented, we e. mq~ci there wU} be fewer delays in review~ l~rrnita. end that initial decision,, to issue permits are ]ese likely to be appealed to higher authority. These benefits are expecled to offset any potential cost increase. Some c'ommenters su~ges'~ecl that documentation recru.irements would generate an additJonal cost of opera,ions. The Corps' procedure] rein.clarions at 33 CFR 32~.8 and already requ,h'e extensive documentation for individual per~its bain4 denied or being referred to higher authority for resolu0on o{' · conflict between agencies. E~onomic Facton A number of commeniere asked EPA to include considere0on of economic lectors in the Guidelines. Wa believe that the regulation already recognizes economic factors to the extent cohtempleted b.v the statute. FirsL the Guidelines explicitly include the concept ot' "pracOcabiliry" in connection with ]:>o4 alterr, a'~ves and steps to impacts. If en ~,lieNed alternative is unree.on, ab}y expensive to the applicar~, the alternative is not "practicable." In ecldifion, the Guidelines also consider economics inriirect]y in that they are .,t~.uctured to avoid the expense of unne,'eeaary te,,ting through ~be "reason.to-believe- teat." Sec_-o-~_ci. the statute e~p~eaaly ' provides tha't ~he economics of anchoreEe and navigation me), be considered, bu! only after application the section 404{b){~.) Guidelines. [,~ee section Borrow Sites A numbe~ of highway d~parL'nen.~ objected because ~hey felt the Guidelines would require them to identify specit3c borrow sites at the th'ne of application, which would disrupt their normal contracting process and increase cost. These objections were based on a . misunderstanding of the Guideline'a requirements. Under those Cuidelines. the actual borrow sites need not be identified, if the application and the permit speedy ~at the disch~'ge materiel must come fromclean upland sites which ere removed ~rom sources of contamination end otherwise satisfy the reason-to-believe test. A condition that the materiel come from such a site would enable the permitting authority to make his detercfinetions and find compliance with the conditions ! ~SO.~O, without requirin~ highway depart~ent~ to specify in advance the specific borrow sites to be used. A3en~ One ~enter w~nted us to put ~ a e~t~nl ~at ~e Fich and WB~e Coo~a~on Act ~q~e cons~ta~on with fi~h ~d ~l~ife a$~ncies. We. have not added new l~a~e because [1] ~e Fish ~nd WB~e Act o~ apples to Federal ~t~ e~en~ee ~d not to ~tem pe~t~ egen~, eu~ consultation b~ ~e o~ Federal ~ pe~it~ agent. Howard. we a~ee ~ ~e co--enter ~t Fe~rel ~d State fish ~d often p~vide valuable essence eveluaO~ ~e ~ecU ~ed~ed or fi~ ~ete~al. ~e ~~ o~ Appmp~te D~entafion 5~c~c documentation is ~porieni to ensure an ~de~tan~ for each decieion to allow. ~n~0on. or p~hibit a discha~e ~o~h appDca~on o~ ~e Guidelines. Oocumenteiion in~o~etioh ia required de~a gathered ~ ~e evelue~on end teeing of ~e ex~ec~nn site, maten~ to be disch~ed. disposal site: [2} ~ctual ~ete~efione regerd~g ~anges ~at ~n be e~ted at ~e diepoaal eite'~ ~e dia~a~e is made as propoae& end [3) finings ~gard~.compli~ce wi~ i ~.~0 conditions. ~ doc~en~Oon provides a ~cord or acOom t~en evaluete~ for adeq~c~. and e~s conai~afion ~po~ent ~pec~ propo~d ~s~e o~ ~d~ed o~ ~] mete~al. ~ epec~c ~o~etion d~c~ente8 ~der [~) and [2) above ~ an~ given case depends nn ~e level ~ve~tlgation necess~ to pm~de for a ~aeonable ~d~t~d~ of ~e ~ct on ~e aqua~c e~sy~te~. We anticipate ~t a n~ber of individual and most ~neral pe~t appli~tiom ~B be for rou~e. ~or ec~es little potential for ei~ificant adver~ enviro~ental impacts. ~ su~ cases. · e pe~t~g au~o~ wi~ not beys to require e~tensive ~s~g or.~i~sie to make his findus level or do~entation aho~d ~flect · e ei~fi~ end ~mple~t~' of ~e proposed ~e~a~e acOvity. Facial ~poaed aecOon ~.~. "~aoual Dete~ations" [now ~ ~0.~) has been si~fi~ntl~ reordered response to ~ents. Fi~t. we have :hanged (e} t~ reflect our elimination of the artificial distinction between i.~e section 307{a){1} toxics and other contaminants. Second. we have eliminated proposed (fl (Biological Availability). since 'the necessary information will be provided by {d) end new tel. Proposed [0 was intended to reflect the presumption that toxics were present and biologically available. We have modified proposed (g}, now (r}, to focus on the size of the dispose] site and the size and shape of the mi~ng zone. The specific requirement to document the site has been deleted: where such information ia relevant, it will automatically be considered in the other determinations. We bays also deleted proposed th) (Special Detenninations]'since it did not provide any useful tn/ormation which would not already be considered in ~ the other factual determinations. Finally, in response to many comment-, we have moved the provisions on cumulative and secondeD' impact to the Factual Determination section to give them further emphasis. We agree that such impacts are an important consideration in evaluetir~ the acceptability of a discharge site. Water Quality Standards One con, mentor was co,corned that thb reference ~ 230.10(b) to water quality stand~rcls ami criteria "approved or promu~ated uncler ~ec~ion 303" might encourage pennis authorities to ignore other water qualit), requirements. Llnder section 303. all State water quality standards are to be submitted t~ EPA for-approvaL If the submitted standards are incomplete or. insu.~citntly at:ri.r~ent, EPA may promulgate sta. ndants to replace or supplant the State standards. Disapproved standards remain in effect until replaced. Therefore, to refer to "EPA approved or promulgated standards" is to ignore those State standards which have been neither approved nor replaced. We have therefore changed the wordin~ of requirement as fol~ws: ..... any applicable State water quality standard." We have also dropped the reference to "criteria", to be consistent with the Agency's ~enere] pmition that water quality criteria are not regulatory. Other Requirements for Discha~e Section 230.t0(c) provides that discharges are not permitted ii' they have "sign~ficantl)~" e~iver~e eflects on various aquatic resources. In this context. "significant" and "aignii'~cantly' mean more than "trivial", that is. significant in a conceptual rather th~n a statistical sense. Not all effects wbic~ P. 7~l are ItatllfiCally Bi~ificant in the laborsto~ I~ s~canfly.ldvenL ~c~on 3~.l~d) abel ~ te~ ~aBOn~ble ~duc~on b impa~ ~ obtaine~ Al ~dJ~ted by ~ "appmp~ate ~d p~c~ble' Ite~l w~ wo~d ~ ~asonab]y costly or wo~d ~ ~easible or wo~d a~mp~ o~y ~conBequen~ ~du~om ~ ~ps~ need not be t~e~ ' ' Ws~ B~ Habi~t development ~d ~volve ~es ~ o~n water ud we~ds ~at ~e adve~e e~ecm o~ p~posed chess or ~at neu~al~e or ~ve~e ~e e~ec~ ofpilt ~a~el on ~e e~lystem. ~velopmeat may produ~ a new or mo~fied ecolo~l state by ~splacement of some or a~ ~e e~s~ end. entel cha~acte~sO~. Resto~on has ~e poten~ to ~ decoded en~onmenb to ~e~ foyer state. Habitat development and ~store6on can con~bute to ~e ma~tensnce and e~ancement of a ~able aquatic ecosysie~ at ~e ~s~e site. F~m en~o~enta] po~t o~ ~ew. ~ project invol~ ~e disease o~ ~edeed smd ~11 marshal shoed be desired and manaeed to em~ate a nst~al ecosystem. Reseat. demons~ation . pmje~l, and ~ s~le ~plementation development and ~sto~o~ ~e Fish ~d W~dl~e Sauce hms to d~velop and ~sio~ habitaL ~e ~y ~eer Wste~sys Stolon has published ~de]~es for · usin~ ~ede~d marshal wetland habttaL for establis~ ma~h vegetation, and for buildin$ islands a t tract colonies of nesti~ birds. ~e ~A has a Clean ~kes p~gram which supplies ~nds to States and localities to enhance or ~sto~ de~eded lakes. ~is may ~v~lve dredging mutant-laden sediments from · lake end easing nu~ient i~ows to ~e lake a~ con.oiled. Restoration and habitat ~evelopment tec~iques can be used to minimize adveoe ~pectB end compe~ate for des~oyed habitat. Resto~tion and habitat development may also pro.de seconda~ behests such a~ improved oppo~unities for outdoor re.cation and posibve use for ~edged materials. The development end mstoretiun o~ viable habitats ~ water bo~eJ requires planing ~d cons~ction practices integrate ~e new or improved habitat into ~e exisfi~ en~onment. Pla~ing requires · model or stanCard, the achie~;ement of w~ is attempted by manipulaLtn~ delian and implementation of the acLtvity. 'Z'hb model or standard should be based on cha~'actertstics of a natural ecosystem in the vicinity of proposed activity. Such use or a natural ecosystem ensures that the developed or restored area, once established, will be nourished and maintained physically, chemically and bioloetcally by natural processes. 5oma examples of natu~l ecosystems include, but ar~ not limited to, the following: salt marsh, cattail marsh, turtle ~'ass bed, small island, etc. Habitat development It}d restoration, by definition, should have' enviromnental enhancement maintenance as the~ ~tial purpose. Human uses may benefit but they are "not the prima~ pu.~ose. Where such projects are not fo~ded en the objectives of maintainin~ ecosystem function and integrity, some values may be favored at the expense of others, Tbs ecosystem affected must be considered tn order to achieve the desired result of development and restoration. In the final analysis, select, on of the ecosystem to be emulated is of critical importance and a loss of value can scott ff the wror~ model or an incomplete model is selected. Of equal importance is the planning and · management of habitat development and restoration on a case-by-case basis. Specific measures to minimize impacts on the aquatic ecosystem by enhancement and restoration projects include hut .are not limited to: [1) Selecting the nearest similar natural ecosystem as the model in the implementation of the ac2vity; Obviously degraded or significantly less productive habitats may be - ' considered prime candidates for habitat restoration. One viable habitat, however, should not be sacrificed in'an" attempt to create another, i.e.. a productive vegetated shallow water area should not be destroyed in an attempt to create a wetland in its place. (2) Using development and restoration techniques that have been demonstrated to be effective in circumstances' similar to those under consideration wherever possible. (3) Where development and resto~tion techniques proposed for use have not yet.advanced to the pilot demonstration or implementation stage, initiate theirUae on a small scale to allow coo'active action if unanticipated adverse impacts occ~. (4l Where Federal funds are spent to clean up waters of the U.S. through' dredgi~, scientifically defensible levels of pollutant concentration in the return discharge should be agreed upon with the funding authority in addition to any pplicable water quality standards in order to maintain the desired improved water quali~. [$) When a slgnL~cant change in the aquatic environment is proposed by the discharge of dredged or fill material the per'mittifl8 authority should consider the ecosystem that will be lost as well as the envb'enmentsl benefits of the new system. Doted: December 12. Part 230 is revised to read as follows: PART 230--S£CTION GUIDELINES FOR SPECIFICATION OR DISPOSAL SITES FOR DREDGED OF. FILL MATERIAL SubpIrt A--Oener~ g20.2 i~'3mse .ad polt~. ~...~ .~, Appll~blllty. ~ner~ p~d~. to ~ fo~owet AdapMbiB~. ~neml ~.10 Rei~ctio, on ~s~a~e. ~.31 Fu~ dete~t~t~o~ ~.32 Fm~ of ~mp~ or non- ~mpliance ~ ~e ~s~ctio~ on ~ S~nded p~c~tes/t~i~t~. Water. C~nt patte~ ~d water ~.24 No~] water ~uct~ons. ~.~ Salinity ~radienta. 5ub~d ~otentMI Impala ~ Biol~i~l C~m~e~ of ~e Aq~flc l~system 230.M ~atened ~d en~nge~d species. ~.3~ F~s~ ~s~cet~. mollusks, and other aquatic o~anisms ~ ~e food web. ~.32 O~er ~i~Re. ~ E~otefl~ Im~ on S~c~l Aq~tic ~ ~.~ San~ua~el and ~fuges. ~0.4~ WeO"a~. ~,42 Mud ~atl. ~.43 V~etated shallows. ~,~ ~ral ~.45 ~e and ~ol complexes. ~b~fl ~oten~! Efl~ ~ Hu~n UM ~ ' ~icipal and p~vate supplies. ~.Sl Relational and co~ercial fishe~es. ~ Water-~ated ~atio~ ~3 Aes~e~o. P. 72 monuments, ~ationel wi~de~eas a~as, ~a~ sitel and evaluation an~ testis. Subpl~ ~A~ ~ Mi~l Adve~ Act~a. ~n:e~ Across ~n~t~ ~e mete~a] to be A~io~ ~n~Ili~ ~e ~a] Ac~ ~ta~ to ~. Actions ~ plant ~ ~ma] populationL ~.~ Ac0om affec~ h~an use. Pr~l~ ~ ~0.~ ~vanced identi~tt~ of di~sa] autho~ty ut Sec0on~ G(b} ~ ~l(a] o~ the Clean Water AO of 1~. ~ U~.~ J l~{b} and } Subp~ A~neral ts) ~e'pu~ose of 1o restore and maintain ~e ~emical, physi~l, sad biological inie~ of wate~ of ~e United States ~h ~e con~ol off ~scha~s [b) Con,tess ~s ~xpressed a number o~ policies in ~e Clean Water Act. These Guidelines are ~tended to consistent with and to imp]~mem those policies. [c) Fundamental to these Guidelines the p~cepl ~at dredded or Fd] material should sol be discha~ed into ao=atic ecosystem, unless demonstrated ~at s~ch a ~s~a~e will not have ~ ~acceptable adverse impaci either ~dividuai]y or combinaOon wi~ ~own and/or probable impacts of o~er activities affecting ~e e~systems o~ conce~ {dj From a na~o~l perspective, de~radati~ ~ des~cfion of special aquatic sit~, au~ as ~llin~ operaOo=s ~ weO~d~ is ~nsid=ed to be amon~ the most seve~ enrichments] impacts covered by ~ese Guidel~=s. The ~idin~ p~ciple should ~ that de~redatio= or ~s~cOon of special sites may rep~sent ~ i~eve~ible loss or valuable aquatic reso~es` (al Th~-ee Guidelines b, mve been developed by the ^dmin~trator of the Enviromnental Protection Agency in . conjunction wit. k the Sanitary of the A. rmy acting throu(~h the Chief of Engineers under section 4o4[b]11] ~' the Clean Wat~ Ant {33. U.S.C. 1344). T~ Guidelines are applicable to the specification of disposal sites for discharges n[ cb'edged or fill rtl.eternal into waters of the United States` Sites ma}; be specified thro~ (2) The regulatory ]='oS'ram of the U,S. Army Corps of F.~ineers under sections 404(a) and [e) of' tbs Act [see 33 CFR 3~0, 323 and .(2) The civil works program or the U.S. .a,~-n~¥ Corps of Engineers {see 33 CFR 209.145 and section 150 of Pub. L 94-587, Water Resources Development Act of lg76): [3} Pen'nit programs of' States approved by the. Administrator of the Environmental ~otect.ion Agency in accordance wiLh sections 404(g} and of l~e Act [see 40 CFR 22.?., 223 aT~:l (4} Statewide dredged or till material regulatory pro,'ams with beat management pract~es approved under section 7.~(b}{4){B} and {C] of the Act [see 40 CFR [5) Federal const~ction projects which meet criteria speci~ed in section 404(r) of the Act. th) These Guidelines will be applied. in the review .of. proposed disc. barges of dredged or f',]] material into navigable waters which 16e inside the baselme' from which the territorial aaa is .. measured, and the clis~harge of fill material into the territorial'aaa: pursuant to the procedures referred to in paragraphs ts){1} and ts){2} above. The discharge of dredged material into the territorial sea is governed'by the Marine- ~otection. Research. a.nd Sanctuaries Act o~ 2.~72. Pub. L. 92-532. and regulations and criteria issued pursuant thereto [40 CFR Part [c) Guidance on integrating and implementing these Guideline5 ma)' be prepared jointly by EPA and the Corps at the national or regional level from time to time. No modifications to the basic application, meaning, or intent of these Guidelines will be made without n~lemakin8 b). the Adn~inia~'atnr under the Administrative Procedure Act {5 U.S.C. 55~ eZ § 230.3 DefinltlonL For purposes o~ this Part, the following terms shall have the meanings indicated: ts} The tara "Act" mear~s the Clean Water Act (also known as the Federal Water Pollution Centre] Act or FWPC, A) Pub. L. ~.-.500, as amended by Pub. f- 95-~7, 33 LI.S.C. 1~2, eg seq. ab} The ter~ "ecl]scent"means bordering, contiguous, or neighborix~. Wetland~ separated from other wate'~ of the United States by man-made dikes or barriers, ~atural river ben~L beach dunes, and the like are "adjacent wetlands.' ' (c) The terms "&qua'tic e~vironment" and "aquatic ecosystem' mean waters of the United States. includin~ wetlands. that le~e e.a habitat fur interrelated and interacii~ cmmmmiti~ and pol~latic~s of plants and animals. [d) The t~r~ "camier o~ contamiv, a.~t' means d.r~t~d or fill material that contains contaminants. (e] The term 'contaminant' means a chemical or biological pubstance in a form that cas'be incorp~', ated Late. onto or be ingested by and that harms aquatic urge'hiatus, consumes of aquatic organisms, or u~ers of the aquatic environment, and includes butis not limited to the substances on the 307{a]{1} List of'toxic pollutants promul$ateg on January 3'L. 1g'/8 {43 FR {fl [Reeervecl] [g} [Reae~ed] {h) The term "dischaqe point" means the point within the disposal site et which the dredged or fill material is released. (i] The term "diSposal site" means that portion of the "waters of the United States" where specific disposal activities are permitted and consist of a bottom surface area and an}' overlying volume of' water. In the case of wetlands on which surface water is not present. the disposal site consists nj' the wetland surface area. (il [Reserved] (k] The term ~'extra,'tion site" means the place from which The dredged or fLU material proposed for discharge is to be removecL {1) [Reserved] {m) The term "mixing zone" means · limited volume of water serving as a zone of initial dflutiun in the irArnediate vicirdty of a dis~karge point where receiving water quality ma)' not meet quality standards or other requirements otherwise applicable to the receivi~ water. The mi~ing zone should be considered as a place where wastes find water mix and not es e place where effluents are treated. (n) The term "permittin8 euthorit)." means the District Ena~neer of the U.S. Arm). Corps o! Engineers or such other individual as may be designated by the Seocetary of the Ann)' to issue or deny permits under section 404 of 1.be Ac~: or the State Director of a pennia program P. 73 approved by l/PA under ! 404(S) and t .404~} or his delegated representat~ [o) Tl~e term "pollutant" me&ns dre~ed spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes. biological materials, radioactive materials not covered by the Atomic F. ner~ AcL heal wrecked Ur discarded equipmenL rock. sand. cellar dirt, and L~dustrial. municipal and agricultural waste discharged into water. The legislative histo~ oi~ the Act reflects that "radioactive materials" as included within the def'mitiun of "pollutant" in section 502 or the Act means only radioactive materials which are not encompassed in the del'tuition/~! source, byproducL or special nuclear meterlals .as defined by the Atomic Enerio' Act of' 1954. as emended, and regulated under the Atomic Ener~ Act. F. xamples of' radioactive materials not covered b~' the Atomic Ener~ Act and. therefore, included within the term "pollutant", are radium end accelerator produced isotopes. See Tmi~ v. Colo~do Public lnte~st lt~set;~ Gt~t;p, Inc., 428 U.S. [p) The term "pollution" means the man-made or men-induced alteration of the chemical, ph:.'sicaL biological or radiolngical integrity of an aquatic ecosystem. (qJ The term "practicable" means available and capable of help4 done after taking into consideration cost. · existin,~ tecknoloD', and logistics in light of overall project purposes. (q-lJ "Special aquatic sites" means those sites identified in Subpart E. The)' are geographic erase. !ergs or small. possessir~ special ecolosic/d characteristics of productivit)', habitat. wildlife protection, or other important and easily disrupted ecological values. These areas are generaIl), recognized as significantly influencing or positively conu'ibuting to the general overall environmental health or vitality of the entire ecosystem of a region. [See (r] The ter~ "territorial sea" means the belt of the sea measured from the. baseline as determined in accordance with the Conventon on the Territorial Sea and the Contiguous Zone and extending seawa~ s distance of three miles. fa) The tarts "waters oLthe united States~ means: (1] All waters which are currently used, or were used in the past, or ma), be susceptible to use in interstate or ~oreign comme~e, including all which are subject to the ebb and flow o~' the tide: (2] All interstate waters including interstate wetlands; (3) All other wate~ such as intrastate lakes, rivers, streams [in~ludin~ intermittent streams), mudflata. sandflats, wetlands, sloughs, prairie potholes, wet meadows, plaits lakes, or natural ponds, the use, degradation or · destruction of which could affect interstate or foreign ~ommerce including an), such waters: (il Which are or could be used bi,' interstate or foreign travelers for recreational or other purposes; or [ii) From which Fab or shellfish are or could be taken and sold in interstate or foreign commerce; or [iii) Which are used or could be used for industrial purposes bi,' indus.tries in' 'interstate commerce; [4) All impoundments o1' waters otherwise dei'uned as waters of the United States under this del'mitten.. [5) Tributaries o! waters identified in ..... paragraphs (1}-(4) of this section; (6] The territorial sea: [?) Wetlands adjacent to ~aters (other than waters that' ar~. themselves wetlands) identified in paragraphs [1}--{6) o! this section; waste treatment systems, including treatment ponds or lagoons des~ned to meet the requirements of CWA (other then cooling ponds as defined in 40 CFR § 4Z3.11(m) which also meet the criteria of this dst'tuition) are not.waters of the United States. (t) The term "wetlands" means those areas that are inundated or saturated blt ear'ace or ground water at · frequency and duration auiticient to support, and that under normal circumstances do support a prevalence of. vegetation typically adapted fo~ life in saturated soil conditions: Wetlands generally' include swamps, marshes, bogs and similar areas. ~ 2SO.a Orga~ - The Guidelines are divided into eight subparts. Subpart A presents those provisions of general applicability, such as purpose and del'mittens. Subpart B establishes the four conditions which must be satisfied in order to make a finding that a proposed discharge of dredged or till material complies with the-Guidelines. Section ~.,~.11 ti' Subpart B, sets forth factual determinations which are to be considered in determining whether or not a proposed discharge satisfies the Subpart B conditions of compliance. Subpart C describes the phltsical and chemical components of a site and provides guidance as to how proposed discharges tit dredged or fill material ma), affect these components. Subparts D-F detail the special characteristics of particular aquatic ecosystems in terms of their values, and the possible loss of these ~ues due to discharges of dredged or material Subpart G prescribes a . number of physical, chemical, and biological evaluations and testin~ · procedures to be used in reaching the required factual determinations. Subpart H details the means to prevent or, mimtmtze adverse effects. $ubpart I concerns advanced identification of · disposal areas. ! ~.$ ~e.eral proc~ures to tollowe~L In evaluatir~ whether a particular discharge site may be specified, the permitting authority should use these Guidelines in the following sequence: {a] In order to obtain' an overview the principal regulatory provisions o~ the Guidelines, review the restrictions on discharge in § ~.30.10[a)-4d), the measures to mimimize adverse impact Subpart H, and the required factual determinations of (b) Determine ff a General permit [§ Z30.?.) ia applicable: II at, the applicant needs metal), to comply with its terms, and no further action b), the permitting authority is necessa~. Special conditions for evaluation of proposed General permits are contained in § 230.?. Ii the discharge is uot¢overed 'b), a General permit-' lc) Examine practicable alternatives 'to the proposed discharge, that ia. not discharging into. the waters of the U.S. or discharging into an alternative aquatic. site with potenttalllt less darna$ing consequences [I. [d) Delineate the candidate dispoial site consistent with the criteria and evaluations of ~ fa) Evaluate the various physical and chemical components which characterize the non-living environment tir the candidate site, the a-bstrate and the water including'its dynamic / characteristics ($ubparl Cl. (t') ldentif), and evaluate an}' special or critical characteristics of the candidate disposal site, and surrounding. areas which might be affected b~' use of such site. related to their living communities or human uses (Subparts D, E. and Fl. [g) Review Factual Determine tithe in § 230.11 to determine whether the information in the project file is sufficient to provide the documentation required b), § ~0.11 or to perform the pre.testing evaluation described in § Z30.60. or other in/trusties ia neceaaalT. Ih) Evaluate the material to be discharged to determine the possibility of chemical contamination or physical incompatibility of the material to be discharffed [§ : , P. 74 Federal Register [ ,V. i$, No.' 249 / Wednesday, December 24 80 ! Rules and Regulations 8.5a47 · (il I~' there is a ~l~. bls probability oir chemical contamination, conduct the appropriate tests a~otdin8 to the section on EvaluaUon -~d Testing (j) Identity approprtatl end practicable changes to the project plan to minimize the environmental impact of the discharge, baaed upon the. specialized methods of minimization of ' impacts L~ Subpart H. (k) Make and document Factual Determinations ia ~ 230.11. (1) Make and document Fiadings Compliance (§ ~0.1~1 by comparing Factual Determinations with the requirements for discharge of § :Z30.10. This outline ol the steps to follow in using the Guidelines is simplified l~or purposes of illus~'ation. The actual process bllowed may be iterative, with the results ot' one step leading to reexamination oir previous steps. The permitting authority must address all of the relevant provisions of the Guidelines in reaching a ¥iadinll oir Compliance in an individual case. § 2:1o.8 Adaptsbilit~. (al The manner in which these Guidelines are used depends on the physical, biological, and ciiemical nail:ts. of the proposed extraction site. the material to be discharged, and the candidate disposal site, iacludin8 any other important components o[ the ecosystem being evaluated. .. Documentation to demonstrate knowied~ about the exh'action giro. materials to be extractecL and the candidate disposal site is an essential component of guideline application. These Guidelines allow evaluation and documentation for a variety of activities, ranging from those with large, complex impacts on the aquatic environment to those for which the impact is likely to be innocuous. It is unlikely that the Guidelines will apply in their entirety to any one activity, no matter how complex. It is anticipated that subslantia] numbers of permit applications will be Ior minor, routine activities that have little, ilr any, potenlial/or significant degradation oi' the aquatic environmenL It generally is not intended or expected that extensive testing, evaluation or analysis will be needed to make tlndir~s of compliance in such routine cases. Where the conditions for General permits are met, and where numerous applications [or similar activities ate likely, the use General permits will eliminate repetitive evaluatior~ and documentation Ior individual discharges, [b) The Guidelines user, iacludint~ the agency or agencies responsib}e [or implementin~ Lbs Guidelines, must . recognize the difterent levels of eitort that should be associated with varying de~ees ot' Lmpact a~nd require or prepare commensurate documentation, The level ' ot' documentation should reflect the signiticance and complexity of the discharge activity. (c] An essential part of the evaluation process involves making determinations as to the relevance of any portion(s) of the Guidelines and conducting further · evaluation only as needed. However. where portions of the Guidelines review procedure are "short form" evaluations, there still must be sufficient information [including consideration of both individual and cumulative impacts) to support the decision ot' whether to specify the site for disposal o[ dredged or fill material and.to.support ,the ..... decision to curtail or abbreviate the evaluation process. The presumption against the discharge ia § 230.1 applies to this decision-making. [d) In the case of activities covered by General permits or 208(b)(i)(B) and Best Management Practices. the analysis and documentation required by the Gui,lelines will be performed at the time of General permit issuance or :08(b)[4)(B) and lC) Best Management Practices promulgation and will not be repeated when activities are conducted under a General permit or .and {C) Best Management Practices . control. These Guidelines do not require reporting ot formal written communication at t~e time iadividual activities are initiated under a General permit or 208(b](4)(B] and (C) Best Management Practices. However, a particular General permit may require appropriate reporting. § 230.7 General permits. [al Cond/t/on~ .for tl~e /s~on~e ~enero/~erm/Z~. A General permit for a category of activities iavolvin8 the discharge of dredged or fill material complies with the Guidelines if it meets the applicable restricgons on discharge in § ~0.10 and if the permitting authority determines that: (1) The activities in such category are similar ia nature and similar in their impact upon water quality and the .aquatic environment; [21 The activities in such category will have only minimal adverse effects when performed separately: and (3) The activities in such category will have only minimal cumulative adverse e~ects on water cluality and the aquatic environment. (bi Evo/uation process. To reach the determinations required in paragraph la) ot' this section, the permitting authority shall set Irortb in writin~ an eval~ation of the potential individual and cumulative impacts of ~e catego~ of activities to be re~ated ~der ~e General peril While some o~ ~e info.alton necessa~ Ior ~is evaluation can be obtained from potential pe~ittees an~ othe~ ~u~ ~e p~posal o[ General pe~its [or public m~ew, ~e evalaation must be completed before any General pe~it is issue~ and ~e results must be published wi~ ~e rrna] peril (I1 ~is eval~on sha~ be based upon consideragon ot the prohibitions listed ~ t ~.l~b} and ~e factors. hated ~ t ~0.10(c}, an~ shall include dot.anted ~o~ation supporting each facial deracination in ~ ~30.11 o[ · the Guidelines (consideration o[ alternatives in { ~.l~a} are not dire:tly applicable lo General ps.iisi: [2) ~e evaluation shaU include a preciie des~p~on of ~e activities to be permitted ~der ~e General peril expla~ng why ~ey are su~cieniiy similar ia na~ and in impact &o wa~nt radiation ~der a sinale Cener~ pe~it based on Subparts C-F o[ ~e Cuide[ines. Allowable diEerences between activities which will be radiated ~de~ the·same Ceneral pe~it shall be specified. Activities o~e~ise s~ilar in ~ature may di~er ~ env~o~ental impact due to their lo~tion ~ or near ecolosicaliy sensitive area& a~as with unique chemi~i or physical cha~cteristics. areas.conta~ concen~ations of toxic substances, or areas radiated for speci~c h~an uses or by specific land or water manasement plans {e.S.. a~as re~lated ~der an approved Coastal Zone Manaaement Plan). H there are specihc geographic areas within the pure'iow o~ a proposed Cenerai pe~it (called a draft Ceneral pe~il under a State 4~ pm~aml, which are mom appropriately re~lated by individual pe~it due to ~e considerations cited this paragraph, they shall be clearly del~eated in ~e evaluation excluded ~om the pe~it. In addition, · e pe~itting au~odty may require.an individual pe~it for any proposed activity ~der a General pe~it where the nature or location of the activity makes an individual permit more appropriate. (3} To predict cumulatit,e eEects, the evaluation shall include the number o{ individual discharge activities likely to be regulated under a Ceneral pe~it until ils expiratio~ including repetition~ or individual discharge activilies at a sLn~le location. 1~.75 8,~48 F~daral Register'/ Vol. '45. No. g49 / Wednesday. December ~4. ~ / Rules and Resulations .: Not,.~uuse o~er bw~ ma~ ~ppIy pafli~lar diseases and because ~e o~ ~nee~ or State ~ a~ may have sddi~onal p~sl end subsWna~ · ~qu~ment~ a disuse ~m~ ~ui~ment of ~e~ G~de~es wffi not must ~ reel ~e ~mplianee ~aluafl~ se~ou~eso oI ~e put.fig lar adve~e ~psc~ on ~e equa~c e~systems posed by ~e~fic ~ed or fgl mate~al ~s~a~e ia) ~cept as p~ded ~der fill mete~al sha~ ~ pe~tted ~ ~ere is · · prae~cable alternative to ~e ~oposed disease w~ would have less e~ve~e ~pect on ~e aquatic e~osystem, so ]o~ as ~e alte~ative dues not have o~er sig~fi~ent adverse envi~ental consequences. [~) For ~e p~ose oI ~is ' ~qu~emen~ prac~able alternatives ~lude. but a~ not ~mited to: (i) A~tivities which do not ~volve a disease o~ dredged or ~ mate~al ~to the wale~ o~ ~e United States or ocean wa (ii) Discha~es o[ ~ed or mate~al al o~er lo~afions ~ wate~ ~e United States or ocean water: [2) ~ alternative is pre,feeble available end capable o~ being done after takes into consideration cos~ e~sfing technics. ~d lo~stics in hght o~ overall p~je~ p~ose~ ~ it is o~e~se a practi~ble altema~ve. area not presently o~ed by ~e applicant whi~ co~d ~8sonabl~ be obtained, utilized, expended or ~anesed in o~er to fulhll ~e basic pu~ose of ~ pr~osed acgvity may be considered. (3] ~ere ~e aciivi~ associated with a ~a~a~e whi~ is proposed for a special aqua~c site [as defmed ~ Subpart E) does not req~ a~ss or pm~ty ~o or si~ ~n ~e special aquatic site ~ quesgon to f~ffi its basic p~ose (i.e. is not "water dependent"), p~cti~ble alternatives ~at do not ~volve s~cial aquatic sites a~ pressed to be available, ~ess ~early demons~ated o~e~e. ~ ad~fion, wh~e a disease is proposed for a spe~al aqua~c site. all practicable altema~ves to ~e proposed dbcharge whi~ do not ~volve a dische~e into a special aqua~c site are p~eumed to have less adverse impact on ~e aquatic ecosyste~ ~ess ~early demos~ated othe~ise. {4) For actions subject to where the'Corps of Engineers is the permittinl ~en~),. the ina)Fats alternatives required for NEPA environmental domiments, tn~udin8 supplemental Corps NEPA documents, will in most cases provide the information for the evalution of alternatives under these Guidelines. On occasion, these NEPA documents ma)' address a broader range oI alternatives than required to be considered under this paragraph ar ma)' not bays considered the alternatives in sufficient detail to respond to the ~-quirements of these Guidelines. La the latter case. it may be nscessL'y to supplement these NEPA documents with this additional information. [5) To the extent that practicable .alternatives have been identified and evaluated under a Coastal Zune Management program, a § 208 l:='ogra~ or other planning process, such evaluetiun shall be considered b)' the permitting authority as part of the cunsideration of alternatives under the Guidelines. Where .,,ch evaluation is ]ess complete than that contemplated under this subsection, it must be supplemented accorctingly. (bi No discharge of dre~ed .ar f'~ll material shall be permitted if it: {1) Causes ar contributes, after consideration of disposal site dilution ' and dispersion, to viulations of any applicable State water quality standard; 12) Violates esl' applicable toxic effluent standard or p~hibition under section :M? of the Act: I3] Jeopardizes the continued existence otr species listed aa enda~ered or threatened under the Endangered Species Act of lg~. as amended, or results in likelihood of the destruction or adverse modification, o.i'.a habitat which is detenmned by th.e Secretary o[ Interior or Conunerce, as appropriate, to be a critical habitat under the Endangered Species Act of 1973. as amended. I1' an exemption has been granted by the Endar~ered Species Committee. the terms of such exemption shad apply in lieu of this subparagraph: [4) Violates any requirement imposed by the Secretary m' Commerce to protect any marine sanctuary designated under Title III of the Marine Protection. Research. and Sancmarie} Act of. (c) Except as provided under ' § 404(b1(21, no dis~arge of dredged or fill material shall be permitted which will cause or contribute to significant degradation of the waters oI the United States. Findings of significant degradation related to the proposed disperse shell be based upon appropriate factual determinations. e~ aluations, and tests required b)' Subparts B Lad C. after consideration oF' Subparts CF. with special emphasis on the ps. faience and permanence oI the effects outl.ined in those subparts. Under these Guidelines. effects contributing t¢ significant de~radation considered individually or collectivel)', include: Il) Significantly adverse effects of the discharge o~ pollutants on human health or welfare, includir~ but not limited to effects on municipal water supplies. plankton, risk shelifiak wildlife, and special aquatic aires. ~2) Significantl)' adverse effects of the discharge of polhflants on lile stages of aqulntic Die and other wildlife dependent on aquatic ecos)'stems, tncludi~ the 'transfer, concentration, and spread of pollutants or their byproducts outside of the disposal site through biological, ph)'sical, and chemical processes: [3] Significantly adverse effects of the discharge of pollutants on aquatic ecnsystem diversity, productivity, and · stability. Such effects ma), include, but are not limited tn. loss ut' rah and wildlife habitat or loss of. the capacity a wetland to assimilate nutrients, purify water, or reduce wave energy: or [4) Si~',it'~canti)' adverse effects of. discharge of pollutants un reereational. aesthetic, and economic values. (d) Except as provided under § 404(b][2). no discharBe af clred~ed or fid material shall be permitted unless appropriate and practicable steps have 'been taken which will minimize potential adverse impacts of the discharge on the aquatic ecosystem. Subpart H identifies such possible steps. § ~30.'tl Factual eet~rrnir~Uofls. The permitting authority shall determine in writing the potential shori. term or long-term effects of a proposed discharge of dredged or fill material on the ph)'sical, chemical, and biulugical components of the aquatic environment in ligh! of Subparts CF. Such factual deles'striations shall be used in § 230.~ in riiaking fundings of. compliance or non- compliance with the restrictions on discharge in § 230.10. The evaluation and testini procedures described in § 230.80 and ~ 230.61 of Subpart G shall be used as necessary to make. and shall be described i=. such determination. The determinations of effects of ea~ proposed discharge shad inrJude the following: [a) ~.~yaico! subsU'=Je Determine the nature and degree of effect that the proposed discharge will have, individual])' and cumulatively, o,~ the characteristics of the substrata at the proposed disposal site. Consideration shall be given to 'the similarity in pe.ni~-le size. shape, and degree of compaction of' the material · P. 76 rouerm ~es~smr ! vol, 45, r~o. 249 / Wednesday, December ~ 1980 ! Rules and Regulations 83349 proposed for discharge and t~e material constituting the substrata at the disposal site, and any potential cht~en substrata elevation and bottom contours, includir~ chaz~es outside of the disposal site which my oc.~ar as a result of erosion, slump~e0 or other movement of the discharged material,. The duration and physical extent of substrate changes shall also be considered. The possible loss of environmental values (9 Z3o.2o) and actions to minimize impact [$ubparl shall also be considered in makt~ these determinations. Potential changes in substrata elevation and bottom contours shall be predicted on the basis of the proposed method, volume, lo~tion, and rate of discharge, as welt'as ori the · indivi.'dual and combined effects current patterns, water c~ation, wind and wave action, ,and other physical .... factors that may arrest the movement of the discharged material. (b] Water circulation, fl~tu~t/o~, a~d solifl/~' determinations. Determine the nature and de~ree of effect that the proposed discharge Will have individually and ~.~flulativeJy on water, cu.rr~nt patterns, c~rculaton in,']udins dov, mstream flows, and normal Water fluctuation. Consideration sEall be given to water chemist~, saBr~ty, clarity, color, odor, taste, dissolved gas levels, temperature, nutrients, and eu~ophi~tion plus other appropriate characteristic. Consideration shall a~so be 8iven to the.potential d~veraion or obstruction of flow, alterations of - bottom contou.~, or other significant chaoses tn the hydrologic regime. Additional consideration of the possible loss of envtrom=ental values [§ .25) and actions to mini~ze impacts [Subpart H). shall be used in makmg these determinations. Potential significant effects on the current patterns, water circulation, normal water fluctuation and sali~ty shall be evaluated on the 'basis of the proposed method, volume, location, and rate of dis,'harge. lc) Suspended particu/ate/turbidRy determknuf~ons. Determine the nature and degree of e~ect tbs! the proposed discharge will hsve, mdividual}y and cumulative}y, in terms of potential chan~es in the kinds and concentrations of suspended particulate/turbidity in the vicinity of the disposal site. Consideration shall be ~iven to the l~rain size of the material proposed Ior discha~e, the shape and size of the plume of suspended particulates, the duration of the discharge and resultinl~ plume and whether or not the potential changes will ~ause violations of applicable water quality standards. Consideration should also be Wan to the possible loss of env~romnental values [J Z30.21) and to acflom for Consideration sha~ ~6ude ~e · p~s~d me~ vol~e, lo~tio~ and rate of ~s~a~e. as well as ~e ~dual and ~mb~ed e~ec~ of ~nt patterns, wa~r ~a~on and fluc~a~ons, ~d ~d wave acfio~ ~d o~er physi~l facies on ~e movement of s~nded p~ates. Deters ~e d~e to w~ ~e mategg p~posed for ~a~e ~ ~u~, ~lo~te, ~ ~ase ~nt~ts. ~s data--ages shah consider ~e matb~al to be disobeyed, · e aquatic en~ent at ~e p~posed ~sposal site, ~d ~e avaflabffi~ of contam~. ' and dele of e~ect ~at ~e p~Posed ~seh~e ~ have, bo~ ~duaHy and ~vely, on ~e s~ct~ and ~c~on of ~e aq~tic ecosystem ~d o~anisms. Considera~on shall ~ ~ven to ~e eHect at ~e p~posed ~sp0sal site of poten~a] ~a~es ~'sube~te characte~s~ ~d elevago~ water or subsists ~e~s~, mutants, ~nts. ci~a~ flucmagon, ~d salary, on · e ~culo~ation and e~stence of ~digenous aqua~c o~enis~ or con.ties. Possible loss of en~ental values ([ ~), ~d a~tions to m~i~i~e ~pac~ [Subpa~ H) shall be exam~et Tests as des~bed [ ~.61 ~valuafion and'Tes~), may be requi~d to pro.de ~o~ation on · e e~ect of.~e ~s~a~e mate~al on codifies or pop~atiom of o~anisms expected is be exposed to (~ Proposed disposa/ site dete~in~ons. (~} ~ disposal application of ~ese Oui6elines. ~e mixin~ zone shall be co.ned to ~e smallest p~cgcable zone wi~in each specified disposal site ~at is consistent wi~ ~e t)~e of dispe~ion datelined to be app~pgate by ~e application of · ese Guidelines. ~ a few special cases under unique en~o~ental condigons, where ~e~ is adequate justiflcstion to show ~at widespread dispersion by natural means will reset ~ no significantly adverse enviro~en~l e[fecls, ~e discha~ed mategal may be intended to be spread not.ally in a th~ layer over a la~e a~a of the subsists rather ~an be contained within ~e disposal site. ' [2) ~e pe~itting au~ority and ~e Regional A~mistrator shall consider the [ollowi~ facto~ in dete~ini~ the acceptability of a proposed mixin~ zone: [i) Depth of water at ~e disposal site; (ii) Current velocity, diroctto~ and' variability at the disposal site;. [iii) Degree of turbulent: [iv] Strat~cation attributable to causes such as obstructions, salinity or · density prof'des at the disposal site; iv) Discharge vessel speed and directiori, ii' appropriate; (vi) Rate of discharge; (vii) Ambient concentration of constituents of interest; {viii) Dr~d~ed material characteristics, particularly conc~ntratiom of constituents, amount of material, type of material (sand. sot, clay, etc.) a~d settling velocities: (ix) Number of discharge actions per unit of time; [x) Other factors of the disposal site ' that affect the rates and patterns of mixing. (g) Demrmi~ol/afl af cumu]oUve ' e~ect, s off l. he aquatic ecosystem. (l) Cumulative impacts ~e the changes in an aquatic ecosystem that are at~butable to the collective effect of a number of individual discharges of dredged or fill material. Although the, Sapac! of a pariicular discharge may constitute a minor chan~e in itself, the cumulative effect of numerous such piecemeal cha-nses canresult in a meier impairment.of the water reso~s and interler~ with the p~ductivity and water quality of existt~ 'aquatic ecosystems. (2) Cumulative effects attributable.to 'the discharge of dredged or f'ffi material in waters of the United States should be predicted, to the extent reasonable and practical. The permitti~ authority shall collect information and solicit information from other sources about the ~tmulative impacts on the aquatic ecosystem. This information shall be documented and considered during the decision-making process concernin8 the evaluation si' individual permit applications, the issuance of a General permit, and monitoring and eniorcement of existing permits, (h) Determ/aot/on afs~condo~ e.f/ecLs on the aquatic ecosystem· Secondary effects are effects on an aquatic ecosystem that are associated with a discharge of dredged or materials, but do not result from the actual placement of the dredged or fill material. Information about secondary effects on aquatic ecosystems shall be considered prior to the time final section 404 action is taken by permitting authorities. (2) Some examples of secondary ellects on an aquatic ecosystem are fluctuating water levels in an impoundment and downstream associated with the operation of a dam. septic tank leaching and surface runoff P. 77 8S3S0 Federal Re, star / Vol. 45. No. 249 / Wednesday. December 24. 1 .S~0, ! Rules and Regulations f~m residential or commercial developments on fill and leachers and runoff from e sanftary landfill located in waters af the U.S. A~v'ltles to be conducted on fast land crested by the discharge of dredged or fill material in waters of the Urdted States may have. secondary impacts wiLbin those waters which should be considered in evaluating'the tmpact of creating those J L~O.12 |a] On the ~asis of the~ Guidelines [Subparts ¢ through G) the proposed disposal sites for the discharge of cL'edged or Fdl material must be: . · {1) Specified as compiFing with the requirements of these Guidelines: or {~) Specified as complying with the requirements of these Guidelines with' the inclusion of appropriate and practicable discharge conditions {see Subpart H) to minimize pollution or adverse effects to the affected aquatic · ecosystems: or [3) Specified as failing to comply with the requirements of these Guidelines where: |i) There is a practicable alternative to the 10roposed discharge that would have less adverse effect on the-~quatic ecosystem- so long as such alternativie does not have other significant adverse environmental consequences; ar {ii] The proposed discharge will result in significant degradation of the aquatic ecosystem under [ ~30.10{b) or [c~ or {ii,i) The proposed discharge does not include all appropriate and practicable .measures to minimize potential harm to the aquatic ecosystem: or {iv) There does not exist rufficient information to make s reasonable judgmen! as to whether the proposed discharge will comply with these Guidelines. lb) Findings under this section shah be set forth in writing by the permitLt~ authority for each proposed discharge and made available to the permit applicant. These findir~s shall include the factual determinations required by § 230.11. and a brief explanation of any adaptation of these Guidelines to the activity under consideration. In the case of a General permiL such f'mdings shall be prepared at the time of issuance of that permit rather than .for each subsequent discharge under the authority of that permiL Subpart C.-Potential Impacts on Phyaic~l ~nd Chemic41CharactertstJca of the Aquatic £coayatem Not,,.~Tbe e~fects described in this suboart should be considere~ in makin~ the factual determinations and the Fmdlngt of compliance or non-compliance in Subpnrt B. ! 220J0 Substrata. (a) The substrata cf the aquatic ecosystem underlies open waters of the United States and const, itutea the surface of wetlands, it consists of organic &nd inorganic solid materials and includes water and other liquids or gases that ~ the spaces between solid particles, · (b) Possible loss of environmental cheracterl,tics and values: The discharge of dredged or f'Rl material can result in varying degrees of change in the complex physicaL chemical and bi~lngical characteristics of the substrata. Discharges which alter subs~'ate elevation or contours can .. result in changes.tn water circulation. .... depth, current pattern, water fluctuation and water temperature. Discharges may adversely af~ect bottom"dweHin~ organisms at the site by smothering immobile forms or forcing mobile forms · to n~igrate. Benthic forms present prior to a discharge are unlikely to recolonize on the discharged material if it is very dissimilar from that of the discharge site. Erosion. slumping, or lateral displacement of surrounding bottom of such deposits can adversely affect areas of the substrata outside the perimeters of the disposal site by changin~ or destroying habitaL The bulk -,nd composition of the discharged mater~al and the locJtio~ method, and timing of discharges may all influence the degree of impac.t on the substrata. ! ~3o.~1 $4~Pended par~cutata~/tm~dlty. Ia) Suspended particulates in the aquatic ecosystem consist of fine- grained mineral particles, usually smeller than sill and organic particles.- Suspended particulates may enter water ' · bodies as a result of land runoff. flooding, vegetative and planktonic breakdown, resuspension of bottom sediments, and man's activities · including dredging and idling. · Particulates may remain suspended in the water colunm for variable period~ of time a~ a result of such factors as agitation of the water mass. particulate specific ip'avity, particle shape, and physical and chemical properties of particle surfaces. {b) Possible loss of environmental cl!a. rscteristics and values: The discharge of dredged or fill material can result in greatly elevated level~ of suspended particulates in the water column for varying lengths of time. These new levels may reduce light penetration and lower the rate of photosynthesis and the primary ~roductivit~, of an aquatic area if they ~ast long imough. Sight-dependent species sty suffer reduced feeding ability leading to limited growth and lowered resistance to disease if high levels of suspended particulates persist. The biological and the chemical content of the suspended material may react with the dissolved oxygen in the water. which can result in oxygen depletion. Toxic metals and orgunica, pathogens. end vL-uses absorbed or edsorbeci to f'me,grained particulates in the material may become biologically available to organisms either in the water coJ~,~,, oF on the substrata. Significant increases in suspended particulate levels create turbid plumes which are bishly visible and aesthetically displeasing. The extent and persiStence of these adverse tmpacts caused by discharges depend upon the relative increase in suspended particulates above the amount occurri~ naturally, the duration of the higher levels, the current patterns, water level, and fluctuations present when such discharges occur, the volume, rate. end d~etion of the discharge, particulate deposition, and the seasonal timing of the discharge. § 230d~ Water. (a) Water is the of the aquatic ecosystem in whi~l~art inorganic constituents are dissolved and suspended. It constitutes part of the liquid phase and is contained by the substrata. Water form~ part.of a dynamic aquatic life,supporting system. Water clarity, nutrients and chemical content, physical and biological content. dissolved gas levels, pH..and temperature contribute to its Ills. sustaining capabilities. ~) Possible loss si' envirorn'nental characteristics and values: The discharge of dredged or fill.material can change the chemistry,and the physical characteristics of the receiving water et · a disposal site through the introduction of chemical constituents in suspended or dissolved form. Changes tn the clarity. color, odor. and taste of water and the addition of contaminant~ can reduce or eliminate the suitability of water bodies for populations of aquatic organisms. and for human consumption, recrea tics. and aesthetics. The introduction of nutrients or organic material to the water column as a result of the discha~e can lead to e high biochemical oxygen demand (BCD). which in turn can lead to reduced dissolved oxygen. thereby potentially affecting the survival of many aquatic organisms. Increases in nutrients can favor one group of organisms such as algae to the delriment of other more desirable types such as submerged aquatic vegetation. potentially causing adverse health - , P. 78 F~deral Re~iatar j ~1. 45, No. 249 / Wednesday, December 19~0 / Rules and Reffulations 8,~3S1' effects, objectionable tastes and odors, and other problems. ~ 230.23 Current I~tten~ ~ ~lter (a) C~nt patterns and water circulation a~ ~e physic] movements of water ~ ~e aquaUc ecosyste~ C~ents and c~ation respond to natural fo~es as modified by shape and cover, physical and cheryl ~aracte~sUo of water e~ata and masses, ~d ene~ dissipa~ facton. (b] ~o. ible lo. o~en~ental ~actedstica ~d v~ues: ~e · scha~e of ~edded or ~l mate~a] m~fy cu~nt patte~s and water cir~laUon by obs~ct~ flow, ~a~ · e di~cdon or veloci~ of water flow, '~a~ins ~e ~ection or velo~U water flow and c~culation, or chansin$ ~e d~ensions o~ a water b~. As a reset, adverse cha~es occur in: locaUon, stmc~re, and dynamics of aquatic coquettes: shoreline and subsmate erosion and depositon rates: ~e deposition suspended p~U~lates: ~e rate and extent of mixi~ of dissolved and suspended components of the water body; and water s~atificaUon. ~ 2~4 No~! water fl~uaUo~ [a} No.al water fluctua~ons ~ a natural aquatic system cons~i of daily, sea.nat. ~d a~ual tidal and flood ~o~tuatiom in water level. Biology] and physical componen~ o~ su~ a system a~ eider atoned to or chsracte~ed by ~ese periodic water fluctuations. (b) Po,sible loss of en~ro~ental characteristics and values: ~e discha~e of ~ed~ed or fill marshal can alter the no.al water-level fluctualion pallem of an area.'resu]ti~ ~ prolonged periods o~ exa~erated extremes of high and iow wares, or a stati~ no~uctuati~ water level Such water level modifications may chan~e satiety patterns, alter erosion or sedimemation rates. a~ravate water temperature ex~mes, and upset ~e nu~ient and dissolved oxygen balance of the aquatic ecosystem. ~ addition, modifications can alter or des~oy co--unities and populations of aquatic animals and ve~elafien, induce populations of n~sance o~anisms, modify habitat, reduce i~d supplies. res~icl ~ovement o~ aqua~c faun~. des~oy spawnin~ areas, and ~ange adjacenL upstream, and do~s~eam areas. (al Salinity 8radiants form where salt water kom the ocean meets and mixes wi~ [resB water ~m land. COl Possible loss of e~m~tal charscte~stics and values: Oba~ctio~ which dtve~ or ~s~ct flow of ei~er ~reah or salt water may cha~e exist~ aaBni~ ~adients. For example, par2al ~vet mou~ ~at s~ifl~fly ~s~cts · e movement of ~e salt water ~to and out of ~at a~a ~n effec~vely lower ~e vcl~e of salt water'available for do~am ruination of ~e salinity ~adient cen oc~. ~spleci~ m~ segmentation zon~ and ~q~ sale,-dependent aquatic biota to adjust to ~e new conditiom ...... move to new in, finns ff possible, or pemh. In ~e f~ehwet, zone. discha~e operations ~ ~e ups~eem ~gions can have equally edve~e ~pacts. A significant reduction ~ ~e vol~e of ~eh water mo~ ~to an estue~ below ~at whi~ is conside~d no~el can affect ~e location and ~e of charecte~stic salinity patte~s. res~ti~ che~ed c~c~e~on pattern ~n cause ~e ups~eem ruination of sal~ity gradient ~splaci~ sedimentation zone. ~a mission may affect ~ose o~sms ~at a~ adapted to ~esbwater env~ents. It may also affect m~cipal water supplies. No~Possible actions to'mi~mi~ adve~e ~pacts ~a~ sile ~amcte~s~ ~n ~ fo~d ~ Subpan Subps~ ~Potent~l Im~ on Blol~lcal C~ra~eds~ of Aquatic E~system Note.--~e impacts des~ibe~ ~ this . sobpa~ should be conside~ ~ maki~ the factual dele~inations compliance or non-compliance ~ 230.~ ~reate~d (a) ~ en~ange~d species is a plant or animal ~ danger o~ extinction · ro~hout eD or a signific~t portion its range. A threatened epe~es is one in danger oF becom~g an species in ~e foreseeable fut~e ~o~hout all or a sibilant po~on its range. Usti~! o~ ~eatened an~ endange~d species as well aa ~ti~l habitats are me.rained b~ some ~dividual States endb~ and Wildlife Se~ice of ~e Depa~ent o~ the Inte~or [codified a~uall~ at O~ j 17.l~).'~e Depa~ent Commerce has au~o~t~ over aurae threatene~ end endange~d ma~ne mammals, fish and repOles. Co) Possible loss of values: The major potential impacts on threatened or endangered species from the discharge of dredged or fid material include: (1] Coverin~ or o'therwise directly killing species: {2) The impairment or destroction of habitat to which these species are limited. Elements of the aquatic habitat which are parUcularly crucial to the continued survival of some threatened or endangered species include adequate good quality water, spewni~ and maturation areas, nesting areas, protecUve cover, adequate and reliable food suppb,, and resting areas for migratory species. Each of these elements can be adversely affected by changes in either the normal water conditions for clarity, chemical content. nutrient balance, dissolved oxygen, pH. temperature, salinity, current patterns. circulation and fluctuation, or the physical removal of habitat:, and (3) Facilitating incompatible activities, (c) Where consu)tat, ion with the Secretary of the Interior occun under Section ? of the Endangered Species Act. the conclusions of the Secretary concerning the hnpact[s) of the discharge on threatened and endangered specie, s and their habitat shad be considered final . .. § 230.31 ~ c~ustacear~ mollusks and omar aquatic orga.n~vm ~ t~e food web. fa) Aquatic organisn~ in the food web include, but are not limited to. crustaceans, mollusks, insects, annelids, planktonic or~e.nisma, and the plants and animals on which they' feed and depend upon for their needs. All forms · and life ata~es of an organism, throughout its geographic range, are included in this category. (b) Possible loss of values: The discharge of dredged or fill material can variously affect populations of fish, crustaceans, mollusks and other food web or~anisms through the release of contaminants which adversely affect · adults, juveniles, larvae, or e~s, or result in the establishment or proliferation of an undesirable competitive species of plant or animal at the expense of the desired resident species. Suspended particulates settling on attached or buried e~s can smother the eg~s by ]bruiting or sealing off their exposure to oxygenated water. Discharge of dredged and Fall material may result in the debilitation or death of sedentary organisms by smothering. exposure to chemical contaminants in dissolved or suspended form, exposure to high levels of suspended particulates, reduction in food supply, or :alteration Of the substrata upon which they are dependent. Mollusks are particularly ', P. 79 ~ Federal Re~ster / Vol. 4S, ' 249 ! Wednesday, December 24, 1980 "'~ aenafUve to the discharge of' material durin~ periods of reproduction arid r~owth and development due primarily to their !i,,,~ted mobility. The)' can be rendered ardor for human consumption by tainting, by production and ' accumulation nf toxins, ar bY ingestion and retention oi' pathogenic o~entsms.. viruses, heavy metals or persistent aFnthetic or~anic chemicals. The discharge of dredged ar fill material can redirect, delay, or atop the reproductive and feeding movements of some species of fish end ='u.acea, thus preventing their aggregation in accustomed places such as spewnlr~ or nurser~ Founds and potentially leading to reduced populations. Reduction of det~ta] feedin~ Ipecie~ f~' other representatives of low~ tn~pkic levels can intpair the . flow of energy ~om pr~maD' coasters to higher tropbic levels. The reduction or potential elimination of' food chain or, an/sm pop,,~ation~ decreases t~e overall productivity and nutrient export capabLl, ity of the ecosystem. J 23~.32 Other wlldll'll. la) ~ildlile associated with aquatic ecosystems are resident and transient mammals, birds, rel0tiles, and amphibians. lb] Possible loss of values: The discharge of clredged or fill material can result in the loss or change of breeding and nesting areas, escape cover, travel corridml', and preferred food sources for resident and transient wLIdlife species associated with the aquatic ecosystem. These advezle impacts upon wildlife habitat may result bom changes in water levels, water flow and circulation, salinity, chemical content, and substrata characteristics and elevation. Increased water turbidity can adversely affect wildlife species which rely upon sight to feed. and disrupt the respiration and feeding of certain aquatic wildlife and load chain.organisms. The availability of' contaminants from the discharge of drcdged or fill material ma}, lead to the bioaccumulation of such contaminants in wildlife. Changes in such physical and chemical factors of the environment may favor the introduction of undeEirable plant and animal species at the expense of resident species and communities. In some aquatic environments ]owerirL8 plant lad animal species diversity may disrupt the normal funcgons of the ecosystem and lead to reductions in overall biological productivit)'. Nots.--Possible actions to r~inimize · ,dvelle L',,paCtS rega. rdin8 char-statistics si~ biological components o.f the aquatic ecosystem can be found m i, ubpart H. Subpart E--Potential I~ on Special AquaUc Sitka Nota.--The Impacts deezlbed in t~ts subpart should be considerBci in making the factual det~;rmmattona and the flndin~ of compJiance or nan-complt,,ncs in Subpart B. The dehnitton of Special aquatic Bites iS found in i z3o.3{~tl. ! 230.40 hnctuariel Ind refuge& (a) Sanctuaries and refuges consist Of areas designated u~der State and Federal laws or local otdin~aces to be managed principall), for the preservation end use of fish and wildlife resources. lb] Possible loss of values: Sanctuaries and refuges may be aftected by discharges of tire,ed or till material which will: (1) DiSrupt the breedir~, spawning. migratory movements or other critical life requirern'ents of resident or transient fish and wildlife resources: [21 Create unp]armed, ess). and incompatible human access to remote aquatic areas: [3) Create ~be need for frequent maintenance activity: (4] Result in the establiskment of undesirable competitive species of plants and an~als: |5) Change the balance of water and land areas needed to provide cover. food. and other fish and wildlife habitat requirements in a way that modifies . sanctuary or refu~e management practices: (6) Result in any of the other adverbs impBcts discussed in Subparts C: and D as they relate to a particular sanctuary or refuge. [ 230.41 Wlt~nda. (a)[1) Wetlands consist of areas that. are inundated or saturated b). surface or ground water at · frequency and duration sufticient to support, and that under normal circumstances do suppo~ a prevalence of' vegetation typically adapted for life in saturated soil conditions, [2) Where wetlands are adjacent to open water, they 8enerall)' constitute the transition to upland. The margin between wetland and open water can best be established b)' specialists familiar with the local environment, particularly where emergent vegetation merges with submerged vegetation over a bmBd area in such places as the lateral margins of open water, headwaters, rainwate~ catch basins, and groundwater seeps. The landward margin a/' wetlands also ~ best be identified by specialists familiar with the local environment when vegetation from the two regions merges over a broad area. /-~,ules and Regulations [31 Wetland vegetation consists of plants that require saturated soils to au~ive (obligate wetland plants) as well as plants, including certain trees, that ~ain a competitive advantage over others bemuse the7 can tolerate prolonged wet loll conditions and their competitors cannot. In addition to plant populations and communities, wetlands are delimited by hydrological and physica] characteristics of the environment. These char~cteristl~ should be considered when lnfotmaUon about them is needed to supplemen{ information available about vegetate'on, or where wetland vegetation has been removed or is dormant. lb) Possible loss of values: The discharge of dredged'or fill material in wetlands is.likely to damage or destroy habitat and adversely affect the biological productlvity of wetlands ecosystems by smothering, by dewaterins, by permanently flboding, or by alterin8 substrate elevation or periodicity o~ wa tar movement The addition of clredged or t'tll material may destroy wetland vegetation or result in advancement of succession to dr7 land. species. It may reduce or eliminate nutrient exchange by · reduction of the system's productivity, or b)' altering curt'eat patterns and velocities. Disruption or elimination of the weOand system can de~rade water quality by obstructing ci~ulation patterns that flush large expanses of wetland systems, by tnterlerin8 with the filtration hmcUon of wetlands: or by changing the aquifer recharge capability of a wetland. Dist..barges can also change the wetland habitat value for fish and wildlife aa discussed in Subpart D. When disrupUora ~ flow and circulation patterns occur, apparently minor loss of wetland acreage may. result in major losses through secondary impacts. Discharging fill material in wetlands es pa'ri of municipal, industrial or recrea dona] development may modi~, the capacity of wetlands to retain and stare floodwaters and to serve as a butler zone shielding upland areas bom wave actions, storm damage and erosion. [ 230.42 Mud flits {al Mud flats are broad ilar areas along the sea coast and in coastal riverl to the head of' tidal irdluence and in inland lakes, ponds, and riverine systems. When mud t'lata are Inundated, wind and wave action ma)' resuapend bottom sediments. Coastal mud flats are exposed at extremely low tides and inundated at high tides with the water table at or near the surlace cd' the substrata. The substrata of mud flats contains organic material and particles ' , P. 80 Federal Re~leter ! ¥01. 45. No. ~,lO / Wednesday, December ~. ~loao / Rules end ReSt.clarions 853S3 smaller in si=a Lan sand. They are . either tmve]~etated or-veaetated only by algal mats. (b) l%,ssibJe l~s of values: ~e discha~e o~ ~ed or ~uae ~ansea ~ water c~aflon pauems whi~ may per,nearly flood or dewater ~e. mud flat o~dis~pt ' periodic ~da~o~ ~s~ In an increase ~ ~e rate of e~sion or ec~etion. Su~ cha~ea can deplete or elim~ate mud flat biota, fora~i~ a~as, and n~e~'a~aL in,darius patte~ ~n ~ect ~e ~emical and biolo~ exhale ~d decom~si~on p~ss oc~ on ~e nu~flat and cha~e ~e deposi~on of suspended marshal ~ecti~ ~e p~ducti~ of ~e area. ~a~es may reduce ~e mud flare ~paci~ to dissipate sto~ s~e ~o~. ~ 2~.~3 vege~t~ (a) Vegetated shallows are pe~anenfly ~dated areas ~at under no,al circ~stances support communities of rooted aquatic vegetation, such as ~e ~ass and sol,ass in estua~e or ma~ne systems as'well as a n~ber o~ ~eshwater species in ~ve~ and lakes. (b) Possibl~ loss discha~e of ~e~ed or fid material can smoker v~etation and benthic o~anisms. It may also ~ate ~suitable conditions for ~e~ ~nt~ued ~or (1) changi~ water c~ation patterns: [2) releasi~ nu~en~ ~at in,ease undesirable algal pop,efforts: (3) releasi~ chemicals ~at adve~ely a~fect plan~ ~ ~mals: (4) ~asi~ ~rbidi~ levels. ~e~b~ ~ducins light pene~afion and hence photos~esis: and [S) chans~s ~e cspaci~ of a vegetated shadow to stabilize bottom · marshals and de~ase shoaling. ~e discha~e of ~ed~ed or ~II material may reduce ~e value ve~e~aled shallows as nesting. spa~E, n~e~. cover, and forage areas, as well as protectin~ shoreless ~om e~sion and wave actions. It may also enco~ase the ~owth of nuisance vegetation. ~ ~O.~ Co~I (a) Coral ~efs consist of ~e skeletal · deposit, usually o~calcareous or silicaceous marshals, produced by vital acUvities of an~o~an pol~s or other inve~ebrate o~8nisms p~sent E~n~ po~ions of ~e ~e~. ' (b) Possible loss discha~e si ~e~ed or Fill material can adve~eJy a[fect colonies of ree~ o~anisms by b~n2 ~em. by releasin~ contaminants such as hydrocarbons into · e water colas, by reducinE U~t penetration t~ouEh ~e water, and by lnc~easins the level of ,uspended particulates. Coral orgardsms are extremely sensitive to even slight · reductions in light penetration or increases in suspended particulates. These adverse effects will cause a loss of productive colonies which in turn provide habitat for many species of highly specialized aquatic organisms. (a) Steep s'radient sections of streams ere sometimes characterized by riffle and pool complexes. Such st~ea,'~ sections ere recognizable by their hydraulic characteristics. The rapid movement of water over a coarse / substrate in riffles results in a rough flow. a turbulent suSa'ce, and high dissolved ox),gen levels in the water. Pools are deeper areas associated w~th fifties. Pools are character~ed by · slower stream velocity, a steamin~ flow, s smooth surface, and a finer substrata. l~iff'Je and pool complexes are particularly valuable habitat for fish and wildlife. (b) Possible loss of values: Discharge of dredged or fill material can eliminate riffle and pool areas by displacement, hydrologic modification, or · sedimentation. Activities which affect riffle and pool areas end especially rime/pool ratios, may reduce the aeration and Fkration capabilities at the discharge site and downstream, may reduce ar. ream habitat diversity, and may retm'd repopulation of the dispnsal site and downstream waters mush sedimentation and the'o'eation of unsuitable habitat. The discharge of · dredged or fill materiel wMch alters stream'hydrolo~ may cause scourir~ or sedimentation of rimes and pools. Sedimentation induced through bydrolof~ical modification or as a direct resclt of the deposition of unconsolidated dredged or fill material may clog riffle and pool areas, destroy habitats, and create anaerobic · conditions. Eliminating pools and meanders by the discharge of dredged or fill material can reduce water holdir~ capacity of sa'earns end cause rapid runo~ Bom a watershed. P. apid runoff can deliver large quantities of flood water in a chort time to downstream areas resultin~ tn the destruction of natural habitat, high property loss, and the need for further hydraulic' modification. Note.--Possible actions to minimize adverse impacts on site or material characteristics cea be found in Subpa~ H. ~.tbpart F--~otentJal Effects Human Use oubpa~ shoed ~ ~nside~d ~ msk~ ~e factual deformations and ~e ~m~s of compli~n~ or non~omp~ce ~ Subpafl j 2~.~ M~t ~nd p~vote water (e~ M~cipel ~d p~vate water supplies consist o~ s~ece water or ~d water whi~ ts ~cted to ~e intake of · m~cip~ or p~vete water supply s~tem. Ih) Possible lass o~ values: Dis~a~es ~n effect ~e quaUW oF water suppUeF wi~ ~e~c~ to ~lor. tests. ~e~l ~ntent end suspended pe~ete ~n~n~e~on. ~ eu~ · way es ~o ~duce ~e fimess o~ ~e water consumptio~ water can be ~nde~d unpalatable or ~eel~y by ~e eddiUon o~ s~pend~d pe~c~etes. rinses en~ pe~oge~c o~anisms, end dissolved materials. ~e expense o~ re~ su~ substances before ~e wate~ is deUvered for cons~ption c~ be hig~. Dische~es may also e~ct ~e quantity o~ water available for ~unicipal and p~vete wate~ supplies. e~dlUo~ ce~a~ co~o~y ~ed wet~ ~ea~ent ~e~cals have ~e potential for comb~ ~ some suspended or · ssolved substances ~ ~edged or ~I1 mete~ to fo~ o~er pro,acts ~n he~ · to~c e~e~ on cons~e~: f~ (e) Re~efiunel and come,iai fishe~es ~ist o~ h~esteble ~stnceens. chel~s~ and o~er aquatic o~enisme used by ma~ (b) Possible loss o~ values: ~e d~s~a~e o~ ~edged or ~I1 materials can e~ect ~e suitebili~ of recreational and co~e~al fishi~ ~ds as · habitat for pop,efforts of constable a~uatic ~anis~. Discha~es can reset ~ ~e ~emi~l ~ntamination of recreational or comme~ial fisheries. They may also ~erfere ~ the ~produc~ve sOccess of re~eational and co~mercial}y ~po~am aquatic species · rou~h dis~ptinn of ruination and apawni~ a~as. ~e ~ducfion of pollutants a~ ~fica] ~mes ~ ~e~ life ~e ~ay d~cfly ~duce populations co~e~iaDy ~po~ant a~ua~c o~anisms or ~direcfly reduce ~em by redu~n~ o~anisms upon whi~ ~ey depend for food. ~y of ~ese ~pacts can be of short duration or prolonged. dependin~ upon ~e physi~l and chemi~l ~pactsof ~e disease and · e biologic] availabOity of contaminants to aquatic o~anisms. · . P. 81 _-.-_-.-_-,~ r~erai ~epster /. VOL 45, NO. ~49 / Wecinesclay, December 24, 1~0_ / Rules and P.e~ulatians (a) Water-rtlated recreation at, compasses activities undertaken amusement ~ relaxation. Activities encompass two broad catqerles nj' use: consumptive, e.g. ]~r'v~tL~ by bunttn8 and fishir~. ~ non- comsumptive, s.S. canoein~ and seeing. lb} Possible loss of values: One of the more imporuult direct impac~ of dredded or fill disposal is to impair or destroy t~e resources which ~upport r~creation activities. 'l'ne disposal of dredged or ~ material may adv~-ualy modify or d~stroy water use for re,-,'~ation by changing turbidity, suspended particulate, temperature, dissolved o~gen, dissolwd materials, · toxic materials, p4thngenic organisms, quality of habitat, and the aesthetic qualities of sight, taste; odor, and c~lor.- ! 230.~3 {a} Aesthetics associated with the aquatic ecosystem ~nsist of the perception of beauty by one or a combination of the senses of sight, hearin& t'ou:h, and smell. Aesthetics of aquatic ecosystems apply to.the quality tir life enjoyed by the general public and property ownrrs. {bl Possible loss of values: The discharge of dredged or fill material can mar the beaut~ of natural aquatic ecosystems by degracllng water quality, cresting distracting disposal sites, inducing inappropriate development, encou~.aginB unplanned incompatible human access, and by destroyir~ vital elements that contribute to the compositional harmony or unity, visual distinctiveness, or diversity of an area. Tbs discharge of dredged or fill material can adversely affect the particular features, traits, or characteristics of an aquatic area which make it valuable to property owners. Activities which degrade water quality, disrupt natural substrata and vedetational characteristics, deny ' access to or visibility of the resource, or result in changes in odor, air quality, or noise levels ma)' reduce the value of' an aquatic area to private propert), owners. J 2~0.54 Parks. national and historical monument, t, rmt~nal a~ash~rss, wlic~rr~m~ area~ research alt~, mod m~mP-r (a} These presages c~nsist of areas desi~.~ted under Federal end State laws or loca! ordinances to be managed for theLr aesthetic, educational, historical, recreational, or scientific value. [b] Possible loss of values: T~e discharge of d~dged or ~] ~terial into such areas may modify the aesthetic, educational, historic~l, re~eational and/or scientific qualities thereby redl~cing or eliminatir~ the uses for which such sites are set aside and managed. Note.--Possible ecUons to minimize adverse impacts rtdardlr~ sits or material characteristics can be found tn Bubparl it. Subpari G-Evaluation an~ fill tutorial 'Ihs purpose of. these evaluation procedures and the ~ca] blolosical testiq sequence outlin~ i ~3o.8! is to provide information to reach the determinations required by ! ~.~. Where the res-he of priar evaluations, chemical end biol~cal tests, scientist rese~ and experience · can provide L, ffonnation helpful in ..... making a determination, the~ should be used. Su~ prior results may make new testing unnecessary. The ir~ormatinn used shall be documented. Wt~ere the same in.formation applies to more than one determination, it may be documented once and referenced in later determinations, (a) Lf the evaluation under paragraph (b) indicates the dredged or ill material is not a carrier of. ~ntaminante, then the required determinations pert~inir~ to the presence and effects ti contaminants can be made without testing. Dredged or fill material is most likely to be free from chemical biological, or other pollutants where it is composed primarily of ~and, gravel, of other naturally, occurrin~ inert material. Dredged material ~o composed is - 8eneral]y found in areas of high current or wave enerE~ such as streams with large, bed loads or coastal areas with ' shifting bars and channels. However, when such material is discolored or ' contains other indications that contaminants may be present, further inquiry should be made, fbi The extraction site shall be examined in order to assess whether it is sufficiently removed bom sour~es of pollution to provide reasonable assurance that the proposed discharge material is not e carrier of contaminants. Factors to be considered include but are not limited to: [1) Potential routes of ~ontaminants or contaminated sediments to the extraction site, based on hydrographic or other maps, aerial photosraphy, or other materials that show watercourses, surface relief, proximity to tidal movement, private and public roads, location of buildings, municipal and industrial areas, and a~ri~ultural or forest lands. (2) Pertinent result~ bom tests previously carried cut on tha matsrtal at the extraction site, or carried out on similar m~.terial for other permitted roject~ in the vicinity, klaterials shall · considered similar if the sources of contamination, the physical conflagration aSthe sites and the sediment composition of the materials are comparable, in light of water circulation and stratificatio% sediment accumulation and ~eneral sediment characteristics. Tests from other sites ma), be' relied on sol)' if no chan~es have occurred at the extraction aims to render the results irrelevant, |3) An)' potential lur significant introduction cd' persistent pesticides from land runoff or percolation: |4) An}, recorcts of&pills or disposal of petroleum products or substances ..desidnated as hazardous under section 311 of the Clean Water Act [See 40 CI:'E 116): . ($) Information in l~ederaL State and lo~l records tndicatin~ si~ificani introduction of pollutants industries, municipaliUes, or other sour~es, in~ludi~ types and amounts of waste materials discharged along the potential routes of contaminan~ to the extraction site; and [6) Any possibility of the preseoce of substantial natural deposits of minergls or other substances which could be released to the aquatic environment in harn~ul quantities by man-induced discharge acfivities. (c) To reach the determinations in [ 230.11 involvi~ potential e[Jects of the discharge'on the il~aracteristim of the disposal site, the narrative Subparts C-F shall be used along with the 8eneral evaluation procedure in [ 230.50 and, Lf necessary, the chancel and biological testin~ sequence in t 230.61. Where the discharge site is adjacent to the extraction site and subject to the same sources contaminants, and materials at the two sites are substantially sLmilar, the that the material to be discharged ma), be a carrier of contaminants is not likel), to result in degradation' of the disposal site. In such circumstances, when dissolved material and suspended particulates can be controlled to prevent carrying po~utants to less contaminated areas, testi~ will not be required. [d) Even if ~ [ ~.30.60[b) evaluation [previous tests, the presence of pollutin8 industries and in.~or'mation about their discharde or runol~ into waters ti the U.S., bioinventories, etc.) leads to the conclusion that there is a hidh probability that the material proposed [or discharge is a carrier of contaminants, t~sti~ ma), not be necessary Li' constraints ~re available to · P. 82 Federal Resister .! ~'ol. 45. No. 249 ! Wednesday. December 2{. 1980 ! Rules and Rel{ulatious 8S~S reduce contamination to acceptable levels within the disposal site and to prevent contaminants from betl~ transported beyond the boundaries of the disposal lite, ii' such ~m'mtraints are acceptable to the permitKng authorlU' and the Regional Administrator, and if the potential discharger is willing and able to implement such constraints. However, even if tests are not performed, the permitting authority must still determine the probable impact of the operation on the r~caiving aquatic ecosystem. Any decision not to test must 'be explained in the determinations made under [ 230,11, ' Not.--The A~ency is today pmpolin~ revised testir~ ~uidelines. The evaluation and tesUng procedures in this section are based on the 1~/$ ! 404(b}{ll interim t'mal Cuidelines and shall remain in effect until the revised testir~ guidelines are published as final resulations. Ia] No single test or approa~ can be applied in all cases to evaluate the effects of proposed discharges of drec~ed or fill materials. This section provides some guidance in determining which teat and/or evaluation procedures are appropriate in a Siven case. }.nterim .. guidance to applicants concerning the applicability of specific approaches or procedures will be furnished by the permitting authority. -' (b) C/:e,'n/ca/-b/alog/~/ ir~t,e..nct/re e.~ects. The principal concerns of '.. discharge of dredged or ifil material that contain contaminants ar~ the potential effects On the water column and on ,communities of aquatic organisms. ~nteroc#~'e e~ect~. Dredged or ~ll materiel may be excluded from the evaluation procedures specified in paragraphs [b][Z) and 13} of this section if it is determined, on the basis of ihs evaluation in ~ 23o.e0, that the likelihood of* contamination by contaminants is acceptably lo~v, unless the permitting authority, after evaluating and considering any comments received from the Regional Administrator, determines tha! these procedures are necessary. The Regional Administrator may require, on a case-by-case basis, testing approaches and procedures by stating what additional L,~formaUon is needed Otrough further analyses and. how the results of the analyses will be of value in evaluating potential environmental effects. 1~ the General Evaluation indicates the presence of · sufficiently large number of chemicals to render impractical the identification of all contaminants by chemical testing, information may he obtained from hioassays In lieu of chemical tests. (~) Water co/oma e#ec~, ii) Sediments normally contain constituents that exist in various chemical forms and in various concentraUons ha several IocaUons within the sediment. An elutriate test may be used to predict the effect on water qual}ty due to release of contaminants tr~m the sediment to the water column. However, in the case of' fill material ori,ginatin$'on land which ' may be a carrier of contaminants, a water leachers test te appropriate. [ii] Major constituents to be analyzed in the elutriate are those deemed critical by the permitting authority, aher evaluaUn$ and considering any comments received from the Re$iona] Administa'ator, and considering results of the evaluation in § 230.OO.'Elutriate. concentrations should be compared to concentrations of the same constituents in water from the disposal site. Results should he evaluated in light of the volume and rate of the intended discharge, the tFpe of discharge, the hydrodynamic resime at the disposal site, and other information relevant to the impact on water quali~. The permitting authority should consider the mixing zone in evaluaUn$ water column effects. The permitUng authority may specify bioassays when such procedures · will be of value, [$) ~.f/ect~ o~ ~e~tho~. The permittinR authority may use an appropriate benthic bicassay {including bioaccumulation tests) when such procedures will be of value in assessing ecological effects and iff establishing discharge conditions, {c) Procedure for comparis6n of sites. (1} When an inventory of the total concentration of contaminants would be of value in comparing sediment at the'. dredging site with sediment at the disposal site. the permitting authority may requi~e a sediment chemical analysis. Markedly different concentrations of contaminants between the excavation and disposal sites may · aid in making an environmental assessment of the proposed disposal operation. Such differences should be interpreted in terms of the potential for harm as supported by any pertinent scientific literature. [2} When an analysis of bioingical community structure will be of value to assess the potential for adverse environmental impact at the proposed disposal site. a comparison of the biological characteristics between the excavation and disposal sites may be required by the permitting authority. Biological indicator species may be useful in evaluating the existing de~ree of stress at both sites. Sensitive'species representing community components colonizing various substrata trpes witkin the sites should be identified as possible bioassay organisms if tests for toxicity ate r~qhired. Community structure studies should be performed only when they will be of value in determining discharge conditions. This is particularly applicable to large quanUUes of dredged material known to contain adverse quantities of toxic materials. Community studies should include benthic organisms such sis inicrobiota ted harvestable shellfish and firlfish. Abundance, diversity, and distribution should be documented and correlated with substrata type and other appropriate phygical and chemical envirorm~ntal charactaristi~. {d} Pbyzica] tests and evaluation. The effect of a discharge of dredged or ~ ' material on physical substrata characteristics at the disposal site, well as on the water circulation. fluctuation, salinity, and suspended particulates mmtent there, is important in making factual determinations in § R30.11. IA/here information on such effects is not otherwise available to make these factual determinations, the permitting authority shall require appropriate physical testat and evaluaUons as are justified and deemed necessary. Snch b~sts may include sieve tests, aettleability tests, compaction tests, mixing zone and suspended 'particulate plume determinations, and site assessments of water flow, circulation, and salinity charseteristics. SObp-'rt N--ictiorm To Minimize Adverse Efta:ts Nota.~There are many actions which ran be undertaken in response to ~ lna.10[c[) to minimize the adverse effects of c[ischarl~es of dredged or fill material ,~ome of these. grouped by type of activity, are listed in this subpart. § 230.70 ~-tJon~ cortcemln9 the location o! the The effects of the discharge can be minimized by the choice of the disposal site. Some of the ways to accomplish this are by:. ~a] Locating and confining the discharge to minimize smothering of organisms: [b] Desto, sing the discharge to avoid a disrupUon of periodic water inundation patterns; (c) Selecting a disposal site that has been used previously for dredged material discharge; (dj Selecting a disposal site at which the substrate is composed of material similar to that being discharged, such as discharging sand on sand or mud on mud: P. 83 8S3.~G Federal Register fa) ~electin~ the disposal site, the discharge point, and the method of discharge to minimiz~ the extent of any plume: |f'] Designing the discharge o.f dr·deed or fill mater~al to minimize or prevent the creation of standin~ bodies of water in areas of normally fiuctuatir~ water levels, and minimize or prevent the drainage of a,~eas subject to such fluctuations, ! 230,7'1 Ac~ofls concerning the mstwtaJ to t~ d~sctmr~ct, The effects of a discharge can be minimized by treatment of, or limitations on the material itself, such ss: (a) Dispose] of dredged, material in such a manner that physiochemical conditions are maintained and the potency and availability of pollutants are reduced. ~o) Limiting the solid, liquid, and gaseous components of material to be discharged at a particular site: lc) Adding treatment substances to the discharge material: {d) Utilizing chemical fiocculants to enhance the deposition of suspended particulates in diked disposal areas. § 230.72 Actions contromr;g t~e matar~al aHer cltschargs. ' The effects of the dr'ed·ed or f'fll material ·tier discharge may be controlled by: la) Selecting discharge methods and disposal sit~ where the potential for erosion, slumpin~ or lsachin~ of materials into the surroundir~.aquatic ecosystem will be reduced. These sites or methods include, but are not limited to: [1) Using containment levees, sediment basins, and cover crops to reduce ~.ro$ion: I~) Using lined containment areas to reduce leaching where leaching of chemical constituents from the discharged material is expected to be a problem: [b) Capping in-place contaminated material with clean mat·fSI or selectively dischargir~ the most contaminated material first to be capped 'with the remaining material: lc) MaintairLin~ and containing discharged met·rial properly to prevent point and nonpoint sources of pollution: (d) Timing the discharxe to minimize impact, for instance during periods of unusual high water flows, wind, wave, and tidal actions. § 230.73 Actions affecting the m~t~xf of The effects of a discharge can be minimized by the manner in which it is dispersed, su:h as: No. 249 / Wednesday, December 24. (s] W~ere ezwironmentally desirable. distributing the dre~ed material widely in a thin lsyer at the disposal site to mains·in natural substrata contours and elevation: lb) Orienting a dredged or fill material mound to minimize undesirable obstruction to the water current or cir~dation pattern, and utilizing natural bottom contour~ to mtnl~ze the size of' the mound: . (c) Using sot ocr·bna or ether appropriate methods to confine · suspended particulate/turbidity to · small ares where settling or removal can occur:. [d) Making use of cum'eats and circulation patterns to mix~ disperse and dilute the discharge: 'J / Rules arid Resulations (e) F..mpJoyJng appropriate machinery and methods of transport o! the materiel for dischsrje. ~ 2~0.7i AetWm ~ftectM~ ~ Md Minimization of adverse effectl on populations of plants and animals can be achieved by: (al Avoiding changes in water current and circulation patterns which would interfere with the movement of Inimals: (b) Selecting sites or mans~ing discharges to prevent or avoid creating habitat conducive to the development of undesirable predetore or species which have · competitive edge ecolo~cally over indigenous plants or animals', |c) Avoiding sites having unique . habitat or other value, including habitat (e) ~infmizing water column turbidity., of threatened or endangered species: by using · submerged diffuser system. A similar e~ect can be accomplished by submergir~ pipeline discharges or otherwise releasin~ materials near the bottom: [f) SeleCting sites or managing discharges to confine and minimize the release of suspended particulates to ~ive decreased turbidity levels and to maintain li~bt penetration for organisms: :. [g) Setting limitations on the amount of.mat·ri·! to be discharged per unit of time or volume of receiving water, · ~ischarge technology' should be adapted to the needs of each site, in determining whether the discharge spar·ti, on suft'lcienLiy minimizes adverse environmental impacts,.the ~ppllcant should consider:. (a) .l.)sin~ appropriate equipmen~ or machinery, including proteCtive devices, and the use of such equipment or machinery in activities related to the discharge of dredged or fill material: [b) F.,mploying appropriate · maintenance and operation on equipment or machinery, including adequate training, Staff'Lng, and working procedures: {c) Using machinery and techniques that are especially designed to reduce damage to wetlands. This may include machines equipped with devices that scatter rather than mound excavated materials, machines with specially designed wheels or tracks, and the use of mats under heavy machines to reduce wetland surface compaction and rutting: (d) Desifnir~ access roads and channel spanning structures using catv·rtL open channels, and diver·ions that will peas both low ancl hish water flows, accommodate fluctuating water levels, and maintain circulation and faunal movement: (d) Using planning and construction practices to institute habitat development and restoration to produce a new or modified environmental.state of higher ecological value by displacement of some or 811 o~ the existing environmental charactehsfica. ' ' Habitat development and restoration tectmiques can be used to minimize adverse imp·cra and to compensate for destroyed habitat. Use t~chniques that h·ve bee~ demonstrated to be effective ~ circumstances simils2' to those under consideration wherever possible. Whe~ proposed development and 'restoration techniques have not yet advanced to the pilot demonstration stage, b2ithte the~' use on · small scale to allow coo'active action iF unant, icipat_-d adverse impacts Occur.' fa) Timing dischm'~e to avoid spawning or migration seasons and other biologically critical time periods: (f) Avoiding the destruction of remnant natural,sites.within areas already affected by development. § 230.76 Actions affecting human uss. Minimization oF adverse effeCts on human use potential may be achieved by: (a) Selecting discharse sites and following discharge pro~edures to prevent or minimize uny potential damase to the aesthetically pleasing features of the aquatic site [e.S. viewscapes). ~·rticularly with respect to water quality:. (b) Selecti~ disposal sites which are not valuable as natural aquatic are.: (c] Timing the dischirge to avoid the seasons or periods when human re~-eetional activity associated with the aquatic site is most important: (d) FolloWin~ discharge procedures which ·void or minimize the disturbance of aesthetic features of ansquatic site or ecosystem. ~ ' P. 84 would you like to know 'if any changes have been made in certain titles of the CODE OF FEDERAL REGULATIONS w~thout reacE~ the Federal Re~ister ~very to the LSA (lid of CFR S~'tions Affected), the "Federal · Re~i~ter Index," or both. ISA (List =f CFR Sections Affected) $10.00 ~r ~e LSA (List ~ CFR ~ions Affe~) is design~ to t~ C~e of F~eml Regulations to amendato~ a~iou pu~is~ in the Federal ~egi~er, monthly in cumulat~ indi=te the nature of Federal Register index $8.00 per year Indexes c~ring the ¢~ontents-of the daily Federal Re~ister am issued montMy in =umulativ, form. 'Entries are carried primarily under the names of the issuir~ ai~en¢ies. $i~nifl~,nt subjects ere carried as cross-referenr.~s. ~ A flfl41fll Bid k in=luded bt each poblir, atkm ~ ~ , ' ' ' ~ ~ F~! ~. ~ ~ ~ CFR ~i~s ~) ~il ~tin~ to ~ mail~ frae of cha~e to ~ullr FR su~H~. . ~ ~ M~ke ehegk ~y~ble to the Su~rlntend.nt of D~mem ~ HIIIllll II;~l~flllli;~;E~illillWWllllllllllllllllllll iiiii iIiIiIiiIiiii iiiiiiiiill11111111~ P. 85 Federal Register' ' "Sol. 45, No, 249 / Wednesday. December '~'~, 19S0./ Rules and Regulations (e) Selectin~ sites'that will not be (d} To provide the basis for advanced detrimental or ~ase ln~mpa~ble identl~tion of disposal e~es, and hu~en activity, or ~qu~ ~e n~d ~or ~ts unsuitable for disposal, ~A and frequent d~e or fill mainteMn~ ~e ~itti~ au~ority shall ~nuider activity In ~mote fish and wildlife ~e likelihood ~e~ use of ~he a~a in ~ a~es: ques~on for ~ed ur fill materiel (~ ~:atin~ the disposal site outside disposal will comply wi~ ~ese of the vicinity of e public water supply Guidelines. To facilitate ~is analysis, intake. ~A and the pe~itt~g autopsy should ~view available water ~sou~es I z~.~ ~ ~ management data includi~ [e) ~ ~e ~se of fills, ~n~ll~ available f~m ~e publi~ o~er Federal ~no~ and other dis~e~es ~m , ' and State a~encies, and ~fo~efion activities to ~ conducted on ~e fi~; f~m approved Coastal ~ne Ih) ~ ~e ~se of dams, desi~in~ M~a~ement p~gmms ~d ~iver Basin water ~leeses to e~ommodate ~e Plato. needs of fish end w~lfe. [e] ~e pe~itt~ eu~o~ shoed {c) In ~i~ projects ~ded by · maintain e public ~co~ of ~e Federal agencies o~er ~en ~e Co~s of identified a~u end ~inee~, ma~tain desi~d water ~ of ~e basis for identi~tion .......... e~reement ~ ~e ~ederel f~di~ ~ ~ e~o~ on scientifically defensible pollutant concen~etion levels ~ addition to any applicable wate~ quality stander. ' [d) When a si~i~cent ecological change ~ ~e aquatic en~nment is proposed by ~e disehe~e of ~dged or ~1~ material ~e pe~itt~ shou~ c~nsider ~e ecosystem ~at ~ill be lost es well es ~e env~o~entel benefits of ~e new system. - Subps~ I~nnlng To ~o~en Pe~ Pr~euing T~e {a) ConSistem ~ ~ese ~idelines. '. ~A and the pe~R~g aurora, on , t~e~ ~ ~i~a~ve or at ~t tnquHt of any other pa~y and afte~ cons~tafion with any eff~ted State ~a~ is not ~e pe~itt~ng authority, may identify sites . which will be considered as: (~) Possible future disposal sites, including cresting disposal sites and non-sensitive areas: or [2) Areas generally unsuitable for disp~al site special.sion: (b) The identification of ~ny a~a as a possible fum~ d~sposel site should nm be deemed to constitute a pe~it for the discba~e of ~dged or F~I mate~al ' with~ su~ a~e or e spee~fi~ti~n of e disposal site. The identification of a~as thee generally wi~ not be available for disposal site spe~fice~on should not be deemed as prohibifi~ appli~tiom ~or pe~its to ~scha~e ~e~ed or Fall .. mete~al in su~ areas. ~ther t~e of identification constitutes ~fo~etion to facilitate individual or General permit application end pm~eHins. [c) ~ a~prop~ate public n~tice of the proposed iden~fication of su~ a~as ~ · Shell be issued: ~ _. · P. 86 CCAG CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF S~'4 MXT~O COUNTY Atherton . .Belmonz · .Brisbane. 2htrlingame . Colma . Daly City · Et~t Palo Alto. Foster City ..Iqalf Moon .Bay · ]-lillsborough · M~,nlo Park · Millbrae .Pacifica . ]~ortola Valley · Redwood City · San Bruno · San Carlos · San Mateo· Sca~ Mateo County. South San Francisco · Woodside August 15, 2002 Ms. Barbara Hawkins, City Engineer City of South San Francisco 315 Maple Street South San Francisco, CA 94083 Dear Ms: Hawkins: Thank you are ALUC Proj C/CAG Airport Land Use Committee (ALUC) Staff Comments on~t~g:.J._nit~al 2 ~"; ~inzated~ ~ve Declaranon']'~u!~ 200~ E~g~uth San F~zsco,~wer : ~ ;emen~ ~r~, -~ ~,, ~ ~ ~4' :~ ~[ ~,ii~~ )ormmty ~ :t~mment on the a~x~;e-refere~ced docu~,-'~[-~ The foltovang re '; airport/land ~gompati~lity issues!{~pted to the Most of the proposed sewer system improvements are located east of U.S. Highway 101 and north of San Frhncisco International Airport. This area is subject to aircraft overflight from aircraft departing on Runways 28 on the Shoreline Departure Route. This departure procedure is designed to keep departing aircraft east of the freeway to minimize aircraft noise impacts in nearby residential areas. Proposed Wet Weather Storage Pond The curr~nt comprehensive airport land use plan (CLUP) for San Francisco International Airport states: "Certain types of land uses are recognized by the Airport Land Use Commission (C/CAG) as hazards to air navigation in the vicinity of San Francisco International Airport. These land .uses include the following:...Any use that would attract large concentration of birds within approach/climbout areas..." The proposed Wet weather storage pond is a potential location.for a concentration of birds. Such a facility can be a potential Safety hazard to aircraft in flight, due to birds in the flight path. The proposed pond liner appears to be a better mitigation option, than cattail or bulrush habitat, to address this issue. (see Jnitial Study/Mitigated Negative Declaration July 2002 Appendix 1, page three of the Environmental Collaborative memo, dated March 29, 2002). ?ii t,y !,.:',~?'I 555 COUNTY CENTER, 5TH FI.,OO2,., 3ZDWOOD Crrv r-A. 94063. 650/599-1406 · 650/594-9980 CFm,40034P. 8 7:) Letter to Ms. Barbara Hawkins, City Engineer, City of South San Francisco, RE: C/CAG Airport Land Use Committee (ALUC) Staff Comments on the Initial Study/Mitigated Negative Declaration July 2002 - South San Francisco Sewer Improvement Program August 15, 2002 Page 2 San Francisco International Airport (SFO) Staff Comments ALUC staff supports the comments submitted to you by Dale K. Blount, SFO Environmental Planner, dated August 7, 2002. Please note his comment, re: FAA Circular 150/5200-33, (subject: Hazardous Wildlife Attractants On or Near Airports, dated 5/1/97), regarding the issue of wetland emergent vegetation at the proposed wet weather storage pond. If you have any questions about these comments, please contact me at 650/363-4417. Sincerel)~'~) /~/7 David F. Carbone, ALUC Staff CC~ C/CAG Airport Land Use Committee (ALUC) Members ' Richard Napier, C/CAG Executive Director Joe Rodriguez, FAA Airports District Office, Burlingame Camille Garibaldi, FAA Airports District Office, Burlingame Dale R. Blount, SFO Planning and Environmental Affairs alucstaffcomssfscwer.doc P. 88 San Francisco international Airport RO. Box 8097 San Francisco, CA 94128 'l-el 6_50.821.5000 Fax 650.821.5005 www.flysfo.com AtI~ P OR"I, COMI~ISSlON CITY AND COUNTY OF SAN FRANCISCO WILLIE L. BROWN, JR, MAYOR HENRYE. BERMAN PRE$1D£NT LARRY MAZZOLA VICE PRE$1DEIVT MICHAEL £. STRUNSK;' LINDA S. CRAYTON CARYLITO JOHN L. MABTIN AIRPORT DIRECTO£ August 7, 2002 Ms. Barbara Hawkins City Engineer South San Francisco Engineering Department 315 Maple Avenue South San Francisco, CA 94083 Subject: Comment on the Initial Study/Mitigated Negative Declaration-South San Francisco Sewer Improvement Program Dear Ms. Hawkins: Thank you for the opportunity to comment on the subject program's mitigated negative declaration. Per our conversation on August 1, 2002, you stated that South San Francisco is currently proposing a lined pond in the proposed overflow basin versus "the proposed wet weather pond.., designed to allow for the establishment of emergent vegetation, such as cattail and bulrush, around the perimeter" (Initial Study, Mitigation Measure 3, page 34) (similar comment made in Appendix 1-Wet Weather Storage Pond, Environmental Collaborative memo, dated 20 March 2002, page3). San Francisco International Airport (SFO) supports the pond liner because the liner would be less of a bird attractant than cattail and/or bulrush habitat. The establishment of wetland emergent vegetation does not appear to be consistent with Federal Aviation Administration (FAA) Advisory Circular 150/5200-33, Subject: Hazardous Wildlife Attractants On or Near Airports, dated 5/1/97 (especially Section 2. Land Uses That Are Incompatible With Safe Airport Operations, 2-3. Wastewater Treatment Facilities, b. Existing wastewater treatment facilities)· A copy of the Circular in enclosed for your information. P. 89 Ms. Barbara Hawkins August 7, 2002 Page 2 of 2 I recommend that South San Francisco contact the local FAA office for any concerns that they may have about the proposed project. If you need any clarification to this comment letter, please contac~ me at 650- 821-7847. Thank you. Sincerely, /~ ,,? ~~~, /~" /' ~/7 ,y~-' /,,~,,..~ Dale R. Blo~t Enviro~ent~ Pl~er Piing ~d Envkomental ~aks Enclosure C: Joe Rodriguez, FAA ADO Camille Garibaldi, FAA ADO Dave Carbone, ALUC P. 90 U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS Date: 5/1/97 Initiated by: AAS-310 and APP-600 AC No: 150/5200-33 Change: 1. PURPOSE. This advisory circular (AC) provides guidance on locating certain land uses having the.potential to attract b~'~rdous wildlife to or in the vicinity of public-use airports. It aho provides guidance concerning the placement of new airport development projects (including airport construction, expansion, and renovation) pertaining to aircraft movement in the vicinity of h=?=rdous wildlife attractants. Appendix I provides definitions of terms used in this AC. 2. APPLICATION. The standards, practices, and suggestions contained in this AC are recommended by the Federal Aviation Adminiswation (FAA) for use by the operators and sponsors of all public-usc airports. In addition, the standards, practices, and suggestions contained in this AC are recommended by the FAA as guidance for land use planners, operators, and developers of projects, facilities, and activities on or near airports. 3. BACKGROUND. Populations of many species of wildlife have increased markedly in the last few years. Some of these species are able to adapt to human-made environments, such as exist on and around airports. The increase i~ wildlife populations, the use of larger turbine engines, the increased use of twin-engine aircraft, and the increase in air-waffle, all combine to increase the risk, frequency, and potential severity of wildlife. aircraft collisions. Most public-use airports have large tracts of open, unimproved land that am desirable for added mar- gins of safety and noise mkigation. These areas can present potential hn:mrds to aviation because they often attract hazardous wildlife. During the past century, wildlife-aircraft strikes hive resulted in the loss of hundreds of lives world-wide, as well as billions of dollars worth of aircraft damage. H~:'nrdous wildlife attractants near airports could jeopardize future airport expansion because of safety, considerations. DAVID L. BENNETT Director, Office of Airport Safety and Standards P. 91 511197 AC 15015200-33 SECTION 1. HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS. 1-1. TYPES OF HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS. Human-made or natural areas, such as 'poorly- drained areas, retention ponds, roosting habitats on buildings, landscaping, putrescible-waste disposal operations, wastewater treatment plants, agricultural or aquacultural activities, surface mining, or wetlands, may be used by wildlife for escape, feeding, loafing, or reproduction. Wildlife use of areas within an airport's approach or depar- ture airspace, aircraft movement areas, loading ramps, or aircraft parking areas may cause condi- tions hazardous to aircraft safety. All species of wildlife can pose a th~at to aircraft safety. However, some species ar~ mor~ commonly involved in aircraft su'ikes than others. Table 1 lists the wildlife groups commonly reported as being involved in damaging su'ikes to U.S. aircraft fi.om 1993 to 1995. Table 1. Wildlife Groups Involved in Damaging Strikes to Civilian Aircraft, USA, 1993-1995. Wildlife Percent involvement in Groups reported damaging. strikes Gulls 28 Waterfowl 28 Raptors I1 Doves 6 Vultures 5 Blackbirds- 5 Starlings Corvids 3 Wading birds 3 Deer 11 1-2. LAND USE PRACTICES. Land use practices that attract or sustain hazardous wildlife populations on or near airports can significantly in- crease the potential for wildlife-aircraft collisions. FAA recommends against [and use practices, within the siting criteria stated in 1-3, that attract or sustain populations of hazardotm wildlife within the vicinity of airporm or cause movement of haz- ardous wildlife onto, into, or across the approach or departure aimpace, aircraft movement ar~, loading ramps, or aircraft parking area of airports: Airport operators, sponsors, planners, and land use developers should consider, whether proposed land uses, including new airport development proj~m, would increase the wildlife ha~'-rd. Caution should be exercised to ensure that land use practices on or near airports do not enhance the attractiveness of the area to h,:,,~dous wildlife. 1-3. SITING CRITERIA. FAA recommends separations when siting any of the wildlife amactants mentioned in Section 2 or when planning new airport development projects to accommodate aircraft movement. The distance between an airport's aircraft movement areas, loading ramps, or aircraft parking areas and the wildlife attractant should be as follows: a. Airports serving piston-powered aircraft. A distance of 5.000 feet is recommended. b. Airports serving turbine-powered aircraft. A distance of 10,000 feet is recommended. ' c. Approach or Departure airspace. A distance of 5 statute miles is recommended, 'if the wildlife attractant may cause h~7~rdous wildlife movement into or across the approach or departure airspace. Canids 1 P. 92 1 (and 511/97 AC 150/5200-33 SECTION 2. LAND USES THAT ARE INCOMPATIBLE WITH SAFE AIRPORT OPERATIONS. 2-1. GENERAL. The wildlife species and the size of the populations attracted to the airport environment are highly variable and may depend on several factors, including land-use, practices on or near the airport. It is important to identify those land use practices in the airport area that attract hazardous wildlife. This section discusses land use practices known to threaten aviation safety. 2-2. PUTRF.~CIBLE-WASTE DISPOSAL OPERATIONS. Putrescible-waste disposal operations are know~ to attract large numbers of wildlife that a~e hazardous to aircraft. Because of this, these, operations, when located within the separations identifi~ in the sitting criteria in 1-3 are considered incompatible with safe airport operations. FAA recommends against locating putrescible-waste disposaloperations inside the separations identified in the siting criteria mentioned above. FAA also recommends against new airport development projects that would increase the number of aircraf~ operations or that would accommodate larger or faster aircraft, near putrescible-waste disposal operations located within the separations identified in the siting criteria in 1-3. 2-3. WASTEWATER TREATMENT FACILI- TIES. Wastewater treatment facilities and associated settling ponds ofmn am'act large numbem of wildlife that can pose a threat to aircraft safety when they are located on or near an airport. a. New wastewater treatment facilities. FAA recommends against the cons~uction of new wastewater treatment facilities or associated settling ponds within the separations identified in the siting criteria in 1-3. During the siting analysis for wastewater treatment facilities, the potential to auract hazardous wildlife should be considered if an airport is in the vicinity of a proposed site. Airport operators should voice their opposition to such sitings. In addition, they should consider the existence of wastewater treatment facilities when evaluating proposed sites for new ah-pon development projects and avoid such sites when practicable. b. Existing wastewater treatment facilities. FAA recommends correcting any wildlife b~?~rds arising from existing wastewater trealxnent facilities located on or' near airports without delay, using appropriate wildlife hazard mitigation techniques. Accordingly, measures to minimiz~ ha?~rdous wildlife am-action should be developed in consultation with a wildlif~ damage management biologist. FAA recommends tint wastewater treatment facility operators incorpora~ appropriate wildlife b,?~d mitig~ion t~lmiques into their ol~rating practices. Airport Olm~tor~ also should encourage those ~,.l:~'~to,.r~ to incorporate these mitigation tecimiqu~ m thetr operating practices. - .. -. - c. A~fficial marshes. Wast~wa~r treatmem facilities may create a~dficial mashes and use submergent and emergent aquaria vegetation as natural fikers. These artificial marshes may be used by some species of flocking birds, such as blackbirds and waterfowl, for breeding or roosting activities. FA~-'~ends against establishing artificial marshes ~/iihin'-the separations identified in the siting criteria ~ated in 1-3. d. Wastewater discharge aad sludge disposaL FAA recommends against the discharge of wastewater or sludge on airport property. Regular spraying of wastewater or sludge disposal on unpaved areas may improve soil moisture and quality. The resultant turf growth requi~s more frequent mowing, which in mm may mutilate or flush insects or small animals and produce straw. The maimed or flushed organisms and the straw can attract h~--,'dous wildlife and jeopardize aviation safety. In addition, the improved turf may attract grazing wildlife such as deer and g~ese. Problems may also occur when discharges saturate unpaved airport areas. The resultant sofg muddy conditions can severely resu'ict or prevent emergency vehicles from reaching accident sites in a timely manner. e. Underwater waste discharges. The underwater discharge of any food waste, e.g., fish processing offal, that could attract scavenging wildlife is not r~commended within the separations identified, in the siting criteria in 1-3. P. 93 AC 150/5200-33 2-4. WETLANDS. a. Wetlands on or near Airports. (1) Existing Airports. Normally, wetlands are attractive to many wildlife species. Airport operators, with wetlands located on or nearby airport property should be alert to any wildlife use or habitat changes in these areas that could affect safe aircraft operations. (2) Airport Development. When practicable, the FAA recommends siting new airports using the separations identified in the siting criteria in 1-3. Where alternative sites are not practicable or when expanding existing airports in or near wetlands, the wildlife hazards should be evaluated and minimized through a wildlife management plan prepared by a wildlife damage management biologist, in consultation with the U.S. Fish and Wildlife Service (USFWS) and the U.S. Army Corps of Engineers (COE). NOTE: ' If questions exist as to whether or not an area would qualify as a wetian& contact the U.S. Army COE, the Natural Resource Conservation Setwice, or a wetland consultant certified to delineate wetlands. b. Wetland mitigation. Mitigation may be necessary when unavoidable wetland disturbances result fi.om new ah-pon development projects. Wetland mitigation should be designed so it does not create a wildlife hazard. (1) FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations 5/1/97 identified in the siting cmeria in 1-3. Wetland mitigation banks meeting these siting criteria offer an ecologically sound approach to mitigation in these situations. (2) Exceptions to locating mitigation activities outside the separations identified in the siting criteria in 1-3 may be considered if the affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ground water recharge. Such mitigation must be compatible with safe airport operations. Enhancing such mitigation areas to attract b.~ardous wildlife should be avoided. On-sim mitigation plans may be reviewed by the FAA to determine compatibility with safe airport operations. (3) Wetland mitigation projects that am needed to protect unique wetland functions (see 2-4.b.(2)), and that must be located 'in the siting cri- teria in 1-3 should be identified and evaluated by a wildlife damage management biologist before implementing the mitigation. A wildlife damage management plan should be developed to reduce the wildlife hazards. NOTE: AC 150/5000-3, Address List for Regional Airports Division and Airports Dis~cr/Field Offices, provides information on the location of these offices. 2-5. DREDGE SPOIL CONTAINMENT AREAS. FAA recommends against locating ctreOge spod contamment areas w~min the separations identified in the siting criteria in 1-3, if the spoil contains material that would attract hazardous wildlife. 4 P. 94 5/1/97 AC 15015200-33 SECTION 3. LAND USES THAT MAY BE COMPATIBLE WITH SAFE AIRPORT OPERATIONS. 3-1. GENERAL. Even though they may, under certain circumstances, ara-act hazardous wildlife, the land use practices discussed in this section have flexibility regarding their location or operation and may even be under the airport operator's or sponsor's control. In general, the FAA does not consider the a~tivities discussed below as h.?,rdons to aviation if there is no apparent attrac- tion to hazardous wildlife, or wildlife b~?ard m/tigation techniques are implemented to deal effectively with any wildlife hm-rd that may arise. $-2. F24CLOSED ' WASTE FACILITIES. ~closed trash transfer stations or enclosed waste hand.'.l~n.g, f~ilities ..that receive garbage indoors; process it via compaction, incineration, or similar manner;, and remove ail residue by enclosed vehicles, generally would be compatible, fi-om a wildlife pe~oective, with safe airport operations, provided they are not located on airport property or within the runway protection zone (RPZ). No putrescible-waste should be handled 'or stored outside at any time, for any reason, or in a partially enclosed structure accessible to b.~-rdous wildlife. Partially enclosed operations that accept putmscible-waste are considered to be incompatible with safe airport operations. FAA recommends these operations occur outside the separations identified in the siting criteria in 1-3. 3-3. RECYCLING CENTERS. Kecyclmg cemets that a~cept previously sorted, non-food items such as glass, newspaper, cardboard, or aluminum am,. in most cases, not attractive to hazardous wildlife. 3-4. COMPOSTING OPERATIONS ON AIRPORTS. FAA recommends agains~ locating composting operations on airports. However, when they am located .on an airport, composting operations should not be located closer than the greater of the following distances: 1,200 feet fi-om any aircraft movement area, loading ramp, or aircraft parking space; or the distance called for by airport desig~ requirements. This spacing is intended to prevent material, personnel, or equipment fi-om penetrating any Obstacle Free Area (OFA), Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway (see AC 150/5300-13, Airport Design). On-airport disposal of compost by-products is not recommencied for the reasons stated in 2-3.d. P. 95 a. Composition of material handled. Components of the compost should never include any municipal solid waste. Non-food waste such as leaves, lawn clippings, branchesl and twigs generally are not considered a wildlife am'acmnt. Sewage sludge, wood-chips, and similar material are not municipal solid wastes and may be used as compost bulking agents. b. Monitoring on-airport cmnposting o1~ erations. If composting operations ar~ to be located on airport property, FAA r~ommends that the airport operator monitor composting operations ' to ensure that steam or thermal rise does not affect ai~ u'affic in any way. Discarded leaf disposal barfs or ocher debris must eot bm allowed m blow onto any active airport area. Also, the airport operator should reserve the fight to stop any ol~ration that creates unsafe, undesirable, or incompatible conditions, at the airport. :1-5. ASH DISPOSAL. Fly ash from 'resource recovery facilities that are Hred by municipal solid waste, coal or wood, is generally considered not to be a wildlife am'acmnt because it contains no putrescible matter. FAA generally does not consider landfills accepting only fly ash to be wildlife attractants, if those landfills: are maintained in an orderly manner;, admit no putres- cible-waste of any kind; and are not co-located with other disposal operations. Since varying degrees of waste consumption are associamd with general incineration, FAA. classifies the ash from general incinerators as a regular waste disposal by-product and, therefore, a bn~,dous wildlife attractant. 3-6. CONSTRUCTION AND DEMOLITION (C&D) DEBRIS LANDFILLS. C&D debris (Class IV) landfills have visual and operational characteristics similar to putrescible-waste disposal sites. When co-located with putrescible-waste disposal operations, thc probability of baTa~dous wildlife am'action to C&D landfilh increases because of the similarities between these disposal activities. FAA generally does not consider C&D landfills to be haTnrdous wildlife attractants, if those landfills: are maintained in an orderly manner;, admit no putrescible-waste of any kind; and are not co- located with other disposal, operations. AC 150/5200-33 511197 3-7. WATER DETENTION OR RETENTION PONDS. The movement of storm water away from runways, taxiways, and aprons is a normal function on most airports and is necessary for safe aircraft operations. Detention ponds hold storm water for short periods, while retention ponds hold water indefinitely. Both types of ponds control runoff, protect water quality, and can attract hazardous wildlife. Retention ponds are more am'active to hazardous wildlife than detention ponds because they provide a more reliable water source. To facilitate hazardous wildlife control, FAA recommends using steep-sided, narrow, linearly- shaped, rip-rap lined, water detention basins rather than retention basins. When possible, these ponds should be pl~ced away from aircraft movement areas to minimize aircraft-wildlife interactions. All vegetation in or around detention or retention basins, that provide food or cover for b,?srdous wildlife should be eliminated. If soil conditions and other requirements allow, FAA encourages the use of underground storm water infiltration systems, such as French drains or buried rock fields, because they' are less am'active to wildlife. 3-8. LANDSCAPING. Wildlife attraction to landscaping may vary by geographic location. FAA recommends that airport operators approach landscaping with caution and confine it to airport areas not associated with aircraft movements. All landscaping plans should be reviewed by a wildlife damage management biologist. Landscaped areas should be monitored on a continuing basis for the presence, of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be implemented immediately. 3-9. GOLF COURSES. Golf courses may be beneficial to airports because they ·provide Open space that can 'be used for noise ,mitigation or by aircraft during an emergency.. On,airport golf courses may also .be a concurrent use that provides income to the airport. Because of .operational and .monetai'y benefiU, golf courses art often deemed compatible land uses on .or near airports. However, waterfowl ·(especially Canada geese) and some species of gulls are attracted :to .the large, grassy areas and open water found on most gOlf,courses. Because waterfowl and gulls occur throughout the U.S., FAA recom- mends that airport opcratom exercise caution and consult with ~a ·wildlife damage management biologist when considering proposals for golf course construction or expansion on or near airports. Golf courses should be monitored on a continuing basis for the presence of ba?ardous wildlife. If hazardous wildlife is detected, corrective actions should be implemented immediately. 3-10. AGRICULTURAL CROPS. As noted above, airport operators ot~en promote revenue- generating activities to supplement an airpores financial viability. A common concurrent use is agricultural crop production. Such use may create potential h.~.,rds to aircra/t by attracting wildlife. Any proposed' on-airport agricultural operations should be reviewed by a wildlife damage management biologist. FAA generally doe~ not object to agricultural crop production on airports' when: wildlife h.~-rds are' not predicted;" the guidelines for the airport areas specified in 3-10.a-f. are observed; and the agricultural operation is closety monitored by the ah'pon operator or sponsor to ensure that hazardous wildlife are not at- lracted. NOTE: If wildlife becomes a problem due to on- airport agricultural operations, FAA recommends undertaking the remedial actions described in 3-10.f. a. Agricultural activities adjacent to runways. To ensure safe, efflciem aireraR operations, FAA recommends that no agricultural activities be conducted in the Runway Safety Area (RSA3, OFA, and the OFZ Csee AC 150/5300-13). b. Agricultural activities in areas requiring minimum object clearances. Restricting agricultural operations to areas outside .the ILS& OFA, OFZ, ,and Runway Visibility Zone (RVZ) (see AC 150/5300-13) will normally provide the minimum' object clearances required by FAA's airpon~flesign standards. FAA recommends that farming .operations not be Permitted within areas critical to the proper operation of localizers, ,glide slope indicators, or other visual or electronic navigational aids.. Determinations of minimal areas that mustbe kept free of farming operations should be made on a case-by-case basis. .If navigational aids are present, .farm leases for on-airport agri- cultural activities should be coordinated with FAA's Airway Facilities Division, ;in accordance with FAA Order 6750.16, Siting Criteria for Imwawent Lanflmg Systems. NOTE: Crop restriction lines conforming to the dimensions set forth in Table ;2 will normally nrnvide the minimum object 'clearance required by P. 96 511/97 FAA airport design standards. The presence of navigational aids may require expansion of the restricted area. c. Agricultural activities within an airport's approach areas. The RSA, OFA, and OFZ all extend beyond the runway shoulder and into the approach area by varying distances. The OFA normally extends the farthest and is usually the controlling surface. However, for some runways, the TSS (see AC 150/5300-13, Appendix 2) may be more controlling than the OFA. The TSS may not be penetrated by any object. The minimum distances shown in Table 2 are intended to prevent penetration of the OFA, OFZ, or TSS by crops or farm machinery. NOTE: Ti~reshoid Siting standards 'should not be ¢o~ wkh the approach areas described in '-' Title 14, Code of Federal Regulations, Pan 77, (14 CFR 77), Objects Affecting Navigable Airspace. d. Agricultural activities between intersecting runways. FAA recommends that no agricultural activities be permitted within the RVZ. If the terrain is sufficiently below the runway elevation, some types of crops and equipment may be acceptable. Specific determinations of what is permissible in this area requires topographical data. For example, if the terrain within the RVZ is level with the runway ends, farm machinery or crops may interfere with a pilot's line-of-sight in the RVZ. AC 150/5200-33 e. Agricultural activities in areas adjacent to taxiways and aprons. Farming activities should not be permitted withia a taxiway's OFA. The outer portions of aprons are frequently used as a taxilane and farming operations should not be' permitted within the OFA. Farming operations should not be permitted between runways and parallel taxiways. f. Remedial. actions for problematic agricultural activities. If'a problem with bnTnrdou$ wildlife develops, FAA recommends thai a professional wildlife damage management biologist be contacted and an on-site inspection be conducted. The biologist should be r~quasted to determine the source of the hazardous wildlife attrm:tion and suggest remedial a~ion, l~gardless. of the source of the attra~on, pm..mpt remedial 'actions ~--ptote~t a~/iaiion saf~ ar~ ree. ommencl~t. The remediai actions may range ~om choosing another crop or farming technique to comptete termination of the agricultural operation. Whenever on-airport agricultural operations are stopped due to wildlife baT-rds or annual harvest, FAA recommends plowing under all crop residue and harrowing the surface area smooth. This will reduce or eliminate the area's attractiveness to foraging wildlife. FAA recommends thai this requirement be written into all on-airport farm use contracts and clearly understood by the lessee. P. 97 Table 2. Minimum Distances Between Certain Airport Features And Any On-AirPort Agriculture Crops. Aircraft Approach Distance in Feet From Runway Ccnterlin¢ To Distance in Feet From Runway Distance In Feet From Distance In Feet Category And Crop End To Crop Centerlinc Of Taxiway From Edge Of Design Group ~ To Crop Apron To Crop Visual& I Visual& I Category A 8: B Aircraft Group I 200: 400 300~ 600 45 40 Group Ii 250 400 400~ 600 66 58 Group III 400 400 600 I~00 93 8 ! Group IV 400 400 1,000 !,000 130 I i 3 Catcgm~ C, D & E Aircraft Group i 5]0~ 5755 1,000 1,000 45 40 Group I1 530~ 5753 1,000 1,000 66 58 Group Ill 530~ 575~ 1,000 1,000 93 8 i Group IV 530~ 5755 1,000 1,000 130 I 13 GrouP V 530~ 575~ 1,000 1,000 160 138 Group VI ~ 530~ . 575~ 1,000 1,000 193 167 I. Design Groups are based on wing span, and Category depcnd~ on approach speed of the aircraft. Group i: .Wing span up to 49 fl. Category A: Speed less than 91 knots Group I1: Wing span 49/1. up to 78 fi. Category B: Speed 91 knots up to 120 knots Group !11: Wing span 79 fl. up to 117 fl. Category C: Speed 121 knots up lo 140 knots Group IV: Wing span i ig 1t. up 1o 170 fl. Calegory D: Speed 141 knots up lo 165 knots Group V: Wing span 171 IL up lo 2 i 3 11. Category E: Speed 166 knots or more Group VI.'. Wing span 214 fl. up to 261 11. 2~ if the runWay will only serve Small airplanes (12,500 lb. And under) in Design Group I, this dimension may be reduced lo 125 feel; however, this dimension Should be increased where necessary to accommodate visual n~lvigational aids that may be installed. For example fanning operations should not be allowed within 25 feet ora precision Appr°nch Path Indicator (PAPI) Ii§hi box. 3. These dimensions r~flect Ihe TSS ns defined in AC 150/5300-13, Appendix 2. The TSS cannot be penetrated by any object. Under these condilions, thc TSS is more restrictive than the OFA, and the dimensions shown here nrc to prevent penelralion oflhe TSS by crops ?nd farm mn.chinery. ~Ill97 AC 150/$200-33 SECTION 4. NOTIFICATION OF FAA ABOUT HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AN AIRPORT. 4-I. GENERAL. Airport operators, land developers, and owners should notify the FAA in writing of known or reasonably foreseeable land use practices on or near airports that either attract or may attract b..7~rdous wildlife. This section discusses those notification procedures. 4-2. NO1TFICATION REQUIREMENTS FOR WASTE DISPOSAL SITE OPERATIONS. The Environmental Protection Agency (EPA) requires any operator proposing a new or expanded waste disposal operation within 5 statute mil~s of a runway end to notify the appropriate FAA Regional Airports Division Office and 'the airport operator of the propor~i (40 CFR ~g, .CHt.eCa for Municipal Solid Was~e [,~nd~ section 238.10, A/rpon Safety). The EPA also requires owners or operators of new municipal solid waste landfill (MSWLF) units, or lateral expansions of existing MSV~L,F units that are located within 10,000 feet of any airport runway .end used by 'turbojet aircraft or within $,000 feet of any airport runway end used only by piston-type aircraft, to demonstrate successfully that such units are not b.7-~ds to aircraft. a. Tuning of Notification. When new or expanded MSWLFs are being proposed near airports, MSWLF operators should notify the airport operator and the FAA of this as early as vossible oursuam to 40 CFR Part 25g. Air~ort operators should encourage the MSWLF operators to provide notification as early as possible. does not attract h,7-rdous wildlife and does not threaten aviation, the developer must establish convincingly that the facility will' not handle pu~escible material other than that as outlined in 3-2. FAA requests that waste site developers provide a copy of an official permit .request verifying that the facility will not handle pu~escible material other than that as outlined in 3-2. FAA will use this information to determine if the facility will be a b.7-rd to aviation. 4-3. NOTIFYING FAA ABOUT OTHER WILDLIFE ATTRACTANTS. While U. $. EPA regulations require landfill own~..rs to provide notification, no similar regulatiom m~luir~ notifying FAA about changes in other land practices that'can create ba~'~rdous wildlife attractants. Although ,it is not requh'ed by regulation, FAA requests those proposing land use changes such as those discussed in 2-3, 2-4, and 2-5 to provide similar notice to the FAA as early in the development process as possible. Airpo~ operators that become aware of such proposed development in the vicinity of their airporu should also notify the FAA.. The notification process gives the FAA an opportunity to evaluate the effect of a particular land use change on aviation safety. The land use operator or project proponent may use FAA Form 7460-l, No~ce o£ Proposed Con- struction or Alteratmn. or other suitable documents to notify the appropriate FAA Kegionat Airports Division Office. NOTE: AC 150/5000-3 provides information on these FAA offices. b. Putresdble-Waste Fadlitias. In their effort to satisfy the EPA. requirement, some putrescible-waste facility proponents may offer to undertake experimental measures to demonstrate that their proposed facility will not be a hazard to aircraft. To date, the ability to sustain a reduction in the numbers of baTardou$ wildlife to levels that ex- isted before a putrescible-waste landfill began operating has not been successfully demonstrated. For this reason, demonstrations of experimental wildlife control measures should not be conducted in active aircraft operations areas. c. Other Waste Facilities. To claim suc- cessfully that a waste handling facility, sited within the separations identified in the siting criteria i- ~-~ P. 99 It is helpful if the notification includes a 15-minute quadrangle map of the area identifying the location of the proposed activity, The land use operator or project proponent should also forward specific details of the proposed land use change or operational change or expansion. In the case of solid waste landfills, the information should include the type of waste to be handled, how the waste will be processed, and final disposal methods. 4-5. FAA REVIEW OF PROPOSED LAND USE CHANGES. a. The FAA discourages the development of facilities discussed in section 2 that will be located within the 5,000/10,000-foot criteria m 1-3. AC 150/5200-33 b. For projects which are located outside the 5,000/lO,O00-foot criteria, but within 5 statute miles of the airport's aircraft movement areas, loading ramps, or aircraft parking areas, FAA may review devetopmem plans, proposed land use changes, operational changes, or wetland mitigation plans to determine if such changes present potential wildlife hazards to aircraf~ operations. Sensitive airpor~ areas will be identified as those that lie under or next to approach or departure airspace. This brief examination should be sufficient to determine if further investigation is warranted. c. Where fiaXher study has been conducted by a wildlife damage management biologist to eval- uate a site's compatibility with airport operations, the FAA. will use the study results to make its determination. d. FAA will discourage the development of any excepted sites (see Section 3) within the criteria specified in 1~3 if a study shows that the area supports h.~nrdons wildlife species. 4-6. AIRPORT OPERATORS.' Airport operators should be aware of proposed land use changes, or modification of existing land uses, that could create hazardous wildlife attractants within the separations identified in the siting criteria in l-3. Particular attention should be given to proposed land uses involving creation or expansion of waste water treatment facilities, development of wetland mitigation sites, or development or expansion of dredge spoil containment areas. a. AlP-funded airports. FAA recommends that operawrs of. AlP-funded airports. to the extent practicable, oppose off-airport [and use changes or practices (within the separations identified in the siting criteria in 1-3) that may · attract :ha~,,rdons wildlife. Failure to-do so could place 'the airport operator or sponsor in noncompliance with applicable grant assurances. FAA recommends against the placement of airport development projects pertaining to aircraft movement in the vicinity of hazardous wildlife awractants. Airport operators, sponsors, and planners should identify wildlife aaractants and any associateci wildlife hazards during any planning process for new airport development projects. b. Additional coordination. If, after the initial review by FAA, questions remain about the existence of a wildlife hazard near an airport, the airport operator or sponsor should consult a wildlife damage management biologist. Such questions may be triggered by a history of wildlife strikes at the airport or the proximity of the airport to a wildlife refuge, body of water, or similar feature known to attract wildlife. c. Specialized assistance. If the services of a wildlife damage management biologist are required, FAA recommends that land use d~velopers or the airport operator contact the appropriate state director of the United Stat~ Department of Agriculture/Animal Damage Conlxoi (USDAYADC), or a consultant specializing in wildlife damage management. Telephone numbers. for the respective USDMADC sram offices may be obtained by contacting USDA/ADCs Operational Support Staff, 4'/00 Privet Koad, Unit 87, Riverdale, MD, 20737-1234, Telephone (301) 734-7921, Fax (301) 734-5157. The ADC biologist or consultant should be requested to identify and quantify wildlife common to the area and evaluate the potential wildlife hazards. d. Notifying airmen. If an existing land use practice creates a wildlife hazard, and the land · use practice or wildlife h.?.rd cannot be immedi- ately eliminated, the airport operator Should issue a Notice to Airmen CNOTAM) ,and encourage the land owner 'or manager to take .steps to control the wildlife hazard .and minimize further attraction. 511197 I0 P. IO0 5/1/97 AC 15015200-33 Appendix I APPENDIX 1. DEFINITIONS OF TERMS' USED IN THIS ADVISORY CIRCULAR. 1. GENERAL. This appendix provides definitions of terms used throughout this AC. a. Aircraft movement area. The runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft exclusive of loading ramps and aircraft parking areas. b. Airport operator. The operator (private or public) or sponsor of a public use airport. c. Approach or departure airspace. The airspace, within 5 statute miles of'an airport, through which aircraft move during landing or d. Concurrent use. Aeronautical property used for compatible non-aviation purposes while at the same time serving the primary, purpose for which it was acquired; and the use is clearly bene= ficial to the aisport. The concurrent use should generate revenue to be used for airport purposes (see Order 5190.6A, A/rport Compliance Requirements, sect. 5h). e. Fly ash. The fine, sand-like residue resulting from the complete incineration of an organic fuel soume. Fly ash typically results Rom the combustion of coal or waste used to operate a I~ower generating plant. j. Putrescible-waste disposal operation. Landfills, garbage dumps, underwater waste discharges, or similar facilities where activities include processing, burying, storing, or otherwise disposing of putrescible material, trash, and refuse. k..Runway protection zone (RPZ). An ama off the runway end to enhanc~ the pro,ion of people and property on the ground (s~ AC 150/5300-13). The dimensions of this zone vary with the design aircraft, ~ of op~'ation, and visibility minimum. L Sewage sludge. The cie-we~l effluent msultinS fi'om secondary, or t~rti~ treatment of municipal sewage and/or industrial wastes, including sewage sludge as referenced 'in U~S. EPA's Ei'fluent Guidelines and Standar~ 40 C.F.IL Part 401. m. Shoulder. An area adjacent to the edge of paved runways, taxiways, or aprons providing a transition between the pavement and the adjacent surface, support for aircraft running off the pavement, enhanced drainage, and blast protection (see AC 150/5300-13). n. Turbine-powered aircraft. Aircraft powered by turbine engines including turbojets and turboprops but excluding turbo-shaft rotary-wing aircraft. ['. Ha~,ardoua wildlife. Wildlife species that are commonly associated with wildlife-aircraft strike problems, are capable of causing structural damage to airport facilities, or act az atlractants to other wildlife that pose a wildlife-aircraft strike hazard. g. Piston-use airport. Any airport that would primarily serve FIXED-WTNG, piston- powered aircraft. Incidental use of the airport by turbine-powered, FIXED-WING aircraft would not affect this designation. However, such aircraft should not be based at the airport. h. Public-use airport. Any publicly owned airport or. a privately-owned airport used or intended to be used for public purpo, ses. i. Putrescible material. Kouing organic material. o. Turbine-use airport. Any airport that ROUTINELY serves FIXED-WING turbine- powered aircraft. p. Wastewater treatment fadli~. Any devices and/or systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including Publicly Owned Treatment Works (POTtl0, as defined by Section 211l of the Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of 1977 (P.L. 95-576) and the Water Quality Act of 1987 (P.L. 100-4). This definition includes any pretreatment involving the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such polluumts into a POTW. (See 40 C.F. tL Section 403.3 (o), (p), & (q)). P. 101 AC 150/5200-33 Appendix 1 q. Wildlife. Any wild animal, including without limitation any wild marnmak bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, inciudin§ any parr, product, egg, or offspring there of (50 CFR I O. 12, Taking, Passession. ?ransportar~on. Sale. Purchase, Barter. Exportation. and Importanon of Wildlife and Plants). As used in this AC, WILDLIFE includes feral animals and domer~ic animals while om of the control of their owners (14 CFR 139.3, Certit'ication and Operations: Land Ai~orrs Serving CAB.¢ertiticate~l $~eduled A~r Carriers Operating Large Aircraft (Other nan Helicopters)). 51119'/ r. Wildlife attractants. Any human-made structure, land use practice, or human-made or natural geographic feature, that can am'act or sustain b~?ardous wildlife within the landing or departure airspace, aircraft movement ama, loading ramps, . or aircraft parking areas of an airport. These at'rractants Call include bat are not limited to architec~rai features, landscaping, waste disposal sites, wastewater trcalment facilities, agricultural or aquaculrurai activities, surface mining, or wetlands. s. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or near an ah'pon (14 CFR 139.3). RESERVED. P. 102 U.S Department of Transportation Federal Aviation Administration Western-Pacific Region Airports Division :'" :.: / iAirPorts District Office 831 Mitten Road, Room 210 Burlingame, CA 94010 August 29, 2002 Ms. Barbara Hawkins City Engineer City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 Dear Ms. Hawkins: Re: Initial Study/Mitigated Negative Declaration-South San Francisco Sewer Improvement Program Mr. Dale Btount, Environmental Planner for the San Francisco International Airport (SFO) provided my office with a copy of his August 7, 2002 letter regarding the sewer improvement project for the city of South San Francisco. We have also received a copy of the August 15, 2002 letter written by Mr. David Carbone, ALUC Staff, for the subject project. The city of South San Francisco is a grant recipient of federal noise insulation project funding. As a grantee the City is obligated to take the necessary measures to assure land use compatibility for the continued safe and efficient operation of aircraft at SFO. Federal Aviation Administration (FAA) policy for land use compatibility and hazards to aviation includes control of the height of structures, growth of natural ~egetation on or off airport property, zoning or land use measures to protect the airspace required for safe arrival and departure corridors for runway operations. The City and County of San Francisco (CCSF) is obligated by federal grant assurances to maintain safe operation corridors and eliminate or enact measures to control the creation of hazardous conditions to the airport traffic area. The approved Airport Layout Plan (ALP) for the San Francisco International Airport (SFO) depicts the runways and mandatory safety areas for airport operations. The ALP approved by the FA~ should be utilized to define the required airport surfaces for land use compatibility. The ALP depicts the Runway Protection Zone (RPZ), and outer runway approach protection surface areas as specified in Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace and Advisory Circular (AC) 150/5300-13, Air~ort Design. The expansion or establishment of landfill operations within a distance of 10,0000 feet of a runway end used by or planned to be used by turbine-powered aircraft is not recommended. Orant Assurance Numbers 20 & 21, (Hazard Removal and Mitigation, and Compatible Land Use) require the CCSF to apply appropriate FAA site criteria to control, mitigate, or eliminate high-risk conditions to normal airport operations. P. 103 Enclosed for your information are policy and procedures on locating facilities on or near airports within the vicinity of hazardous wildlife attractants. The recommended criteria for the evaluation of hazards to SF0 operations are contained in AC 150/5200-34, Construction or Establishment of Landfills Hear Public Airports, and AC 150/5200-33, Hazardous wildlife A~tractions On or Near Airports. The enclosed Federal Register Notice is provided for your information. The Federal Register Notice dated July 11, 2002, Vol. 67, No. 133, pages 45948-45952,for Municipal Solid Waste Landfill Location Restrictions for Airport Safety should be reviewed to determine if your proposed project complies with the applicable federal and local government notification requirements. You may contact my office if you have additional questions regarding FAA airport planning or environmental review procedures for airports. My office hours are 7:00 am to 3:30 pm, phone number is (650) 876-2805; e-mail address is joe.rodriguez @faa.gov. Sincerely, Supervisor, Environmental Planning and Compliance Section Cc: Mr. Dale Blount, SFO Environmental Planner Mr. David Carbone, San Marco County, ALUC Staff P. 104 Contents Federal Register Vol. 67, No. 135 Monday, July 15, 2002 Agricultural Marketing Service PROPOSED RULES Prunes (dried) produced in-- California, 46423 Agriculture Deparlment See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Army Department See Engineers Corps NOTICES Patent hcensesi non-exclusive, exclusive, or partially exclusive: Ricin vaccine and methods of making and using; correction, 46566 Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Hawaii; End Stage Renal Disease; demons~ation project to reduce incidence aud severity of in~ection in patients, 46520-46522 Human ~mmunodeficiency virus [HIV)-- Zimbabwe; support ~o~ civil-society organizations, - 46522 Medicaid: State plan amendments, reconsideratio,~; hearings-- Connecticut, 46523 Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 4652~ 56525 Submission for_ OMB.review; comment request, 46525:- 46526 Chlldreh and -Families Administration · NOTICES ' Grant and cooperative agreement awards: U~ivarsity of Maryland, 46526 Organization, functions, and authority delegations: Refugee Resettlement Of:~ice, 46526-46527 Coast Guard RULES Ports and waterways safety: T~ledo Captain of FoR Zone, OH; security zones, 46385-46387 Gary, ]~q; safety zone, 46388-46389 Miami Captain of Port.area, FL; security zones, 46389- 46392 Milwaukee Captain of Port Zone,-WI; safety Zones~ 46367-46368 Commerce Department See International Trade Administration See National Oceanic and Atmospheric Admln~stration NOTICES Agency information cbllection activities: Submission for OMB review; comment request, 46457- 46458 ... Committee for the Implementation 'of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Bangladesh, 46458 , Indonesia, 46458-46460 Philippines, 46460-46461 Romania, 46461 Defense Department See Army Department See Ensineers Corps See Na-~y Department Education Department NOTICES Agency information conection activities: Submission for OMB review; comment request; correction, 46566 Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: . Environmental Management Site-Specific Advisory Board-- Paducah Gaseous Diffusion Plant, IC/,. 46462-46463 Green Olympics Program; implementation; dialogue with Beijing (C.h~na) City Government; Stakeholders, 46463 Energy Efficiency and Renewable Energy Office NOTICES 'Meetings: Biomass Research and Development Te~.h~ical Advisory. Committee, 46463-46464 Reports and guidance documents; availability, etc.:~ Energy Standard for Buildings, Except Low-Rise Residential..Buildings; Building Energy Standards Program; energy efficiency improvements determination, 46464-46488 'Engineers Corps · NOTICES Environmental statements; notice .of intent: Los Angeles County, CA; West Basin Marine Terminal improvement proiects; correction, 46566 Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: .' Maine; pulp and paper industry, 46393-46398 . airport safety [Editorial N~)te: This document, published at 67 FR 45915 in the Federal Re~ister of Thursday, July 11, 2002, was incorrecfl7 listed under "Hazardous waste:" in that issue's table of contents.] P. 105 Contents Federal Register Vol. 67, No. 133 Thursday, July 11, 2002 Agriculture Department See ~n~mal and Plant Health Inspection Service See Farm: Service Agency ' See Forest Service See Rural Business-Cooperative Service RuI~Es Freedom o£ Information Act; implementation, 45895-45896 Animal and Plant Health Inspection Service RULES Exportation and importation of animals and ~nivnal products: Bovine spongLform encephalopathy; disease status Austria, 45896-45897 Finland, 45896 PROPOSED RULES Plant-related quarau~ne, foreigu: Clementines ~rom' Spain, 459Z2-45933 Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Browser for accident and/nciden~ registw, 45959 Bonneville Power Administration NOTICES Enviromnental statements; notice of intent: . BP Cherry Point Cogeneration Proiect, WA, 45961-45963 Coast Guard RULES Ports and waterways 'safety: Boston and Salem Harbors,.M~, 45907-45909 ' Lake Huron, Harbor Beach, MI, 45902-45903 Lake Washington, WA; safety zone, 45905-45907 .Ohio River, Portsmouth, OH, 45'903-45905 PROPOSED RULES · Ports and waterways safety: USCGC Eagle port visit, Salem Harbor, MA; safety and security zones, 45945-45947 Commerce Department See International Trade ~kdm~istration See National Oceanic and Atmospheric Adm~nlstration . Defense Department See Army Department See E~ee=s Corps 'Education Department NOTICES Gornmittees; establishment, renewal, termination, etc.: Opportunity in Athletics, Secretary of Education's Commission, 45951 Employment and Training Administration NOTICES Agency information collection activities: - Proposed collection; comment request, 46003-46005 Energy Department See Bonneville Power Aam~=istration See Energy E. ffi~iency and Renewable Energy Office See Energy Information A'dm~ni strafion See Federal Energy-Regulatory Commission .Energy Efficiency and Renewable Energy Office NOTICES Grants and cooperative agreements; availability, etc.: Truck Essential Power Systems; research and development, ·45961 Energy information Administration NOTICES ~anc7 information collection a'c~ivities: Proposed collection; comment request, 45963-45964 ' Engineers Corps NOTICES Environmental statements;, availability, etc.: Mahoning River, OH; environmental dredgin~ pr.oject; public scoping meeting, 45959-45960 Environmental statements; notice of intent'. Sacramento River East Levee and Natomas Cross Canal Levee mod~cations, American Kiver project, CA, 45960-45961 Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Georgia, 45909-45915 Hazardous waste: Municipal sohd waste lana~i]s; location restrictions for airport safety, 45915-45920 PROPOSED RULES Air pollutants, hazardous~ national emission staudarSs: Fabrics and other textiles; printing, coatin§~ and dyeing operations, 46027-46088 Air quality implementation plans; approval and promulEafion; various. States: Georgia, 45947-45948 Hazardous waste: ~~~o~a~on.~est~ons ~for NOTICES Super~xmS; response and remedial actions, Proposed settlements, etc.: · 2~gelillo Property Site, CT, 459~8-45980 Executive office of the Presiden~ See P~residential Documents Export-import Bank NOTICES China: ' Petrochemicals; eqmpment and Other.goods and services sent on behal~ of U.S. exporters; finance application, 45980 P. 106 45948 Federal Register / Vol. 67, No. 133 / Thursday, July 11, 2002 / Proposed" Rules ornmen .ting on th/s document should o so at this time. DATES: Written comments must be received on or before August 12, 2002. ADDRESSES: ,All comments should be addressed to: Scott M. Martin at the EPA, Region 4 Air Pl~nnin~ Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Copies of the State submittal are available at the following addresses for inspection during normal business hours: Environmental Protection A~enc7, Region 4, Air Pl~nnlug Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303--8960. Air Protection Branch, Georgia Environmental Protection Division Georgia Deparinnent of Natural Resources, 4244 International Parkway, Suite 120, Atlanta, ' . Georgia 30354. Telephone (404) 363-7000. FOR FURTHER INFORMATION CONTACT: Scott Martin at (404) 562-9036. E-mail:" marlin.scott~epa.gov. SUPPLEMENTARY INFORMATION: For additional information see the direct final rule which is published in the Rules section of this Federal Register. Dated: June 28, 2002. Winston A. Smith, Acfin$19e~'onal A dministrator, Regi°n 4. [FR Doc. 02-17456 Fi!ed 7-10-02; 8:45 am]. BILLING CODE B5B0-50--P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 258 [F--2002-AIRlm-~FFFP; FRL-7227-8] RIN 2050-AE91 Municipal :Solid Waste Landfill Location Restrictions for Airport .Safety AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing action to amend the location restriction requirements in the criteria for municipal- solid waste land~]]s (MSWLFs). EPA is amending this provision in order to incorporate new landfill siting requirements enacted in the Wendell II. Ford Aviation Investment and Reform Act for the 21st Century (Ford Act). The Ford Act siting restrictions apply to specified smaller pubhc airports to address the potential hazard that birds, attracted to MSWLFs may pose to aircraft operations. Today's proposed amendment does not affect 703-412-9810 or TDD 703-412-3323 existing MSWLFs. (hearing impaired). In the "Rules and Regulati'ons" For information on specific aspects of section of today's Federal Register, EPA this rule, contact Mary T.'Moorcones, is promulgating this amendment as a Municipal and Industrial Solid Waste direct final rule without prior proposal Division of the Office of Solid Waste because we view this as a (mail code 5306W), U.S. Environmental noncontroversial amendment and Protection Agency Headquarters [EPA, anticipate no adverse comment. In the HQ), 1200 Pennsylvania Avenue, NW, event that EPA receives adverse Washington, DC 20460; telephone: 540- comments on the direct final rule, we 338-1348; e-mail: will address alt public comments in a <moorcones.mary~epamafl.epa.gov>. subsequent final rule based on this You can also access sor3e information proposed rule; and, we will not institute about this rule elec~onJcally via the a second comment period on ~ action. Intarnet at: <http://www. epo.gov/ If we receive no adverse comment, we epaoswer/non-hw/muncpl/landfill/ will not take any further action on this airport.btm>. prop°sed rule. Any parties interested in SUPPLEMENTARY ~NFORMAT~ON: commenting must do so at this time. Re,related Entities DATES: Comments must be received on Entities potentially regulated by this · or before August 12, 2002. action are public or private individuals ADDRESSES: This section provides or groups seekingto construct or addresses regarding:'(1) Where and in establish new municipal solid waste what form you should submit responses landfills (MSWLFs) near specified to'today's action; (2) where you can airports after April 5, 2000. Affected view public comments responding to categories and entities are included in this action; and (3) where you Can view the following table: the docket index and supporting. documents to the proposed rule. Please Category ~xamples of regulated reference RCRA Docket No. F-2002- entities AfRF-FFFF in your comments. You may submit your comments (1) in hard copy Federal Govern- Agencies constructi'n9 or (paper) either by mail Or by hand or (2) . ment. establishing new MSWLFs within six using electronic mail, as follows: miles of a public air- . Mail: Submit an original and two port. hard copies to the RCKA Docket State, Local and Governments con- ILuformatio= Center, Office of Solid Tribal Govern- structing or estab- · Waste (5305W) U.S. Environ.mental mont. lishing new MSWLFs Protection Agency, Ariel Pdos Building, within Six miles of a 1200 Pennsylvania Ave., IWW, public airport. Washington, DC 20460. The table above is not intended to be · Hand Dehveries: Submit an original exhaustive but rather to provide and two hard copies to the RCRA examples of entities likely to be Information Center (PdC), Crystal regulated.by this action. To determine Gateway I, First Floor, 1235 Jefferson whether your facility would be Davis Highway, Arlington, Virginia impacted by this action, you should 22202. carefully ex~m~ue the applicability · Electronic Submissions: Via the criteria in the rule. If you have questions Interuet to: rcra-docket~epa.~ov. You regarding the applicability of this action must provide your electronic to a particular facility, pleaSe contact · submissions as ASCII files; and, you Mary T. Moorcones, U.S. Environmental must avoid the use of special characters P~otection Agency, Office of Solid and amy form of encryption. Comments Waste (5305.W), ~200 Pennsylvania in electronic format should also be Avenue, NW., Waskington, DC 20460; identified by referencin~ RCRA Docket telephone: 54o-338-]1348; e-maiL Nc: F-2002-AIRF-FFFF. <moorcones.mary~epg.~nail.epa.~ov>.. See the SUPPLEMENTARY INFORMATION Entities ~onsidering COns'auction or section for inJormation about where and establislnnent of a new MSWLF also how you can view the docket for this should contact the Federal Aviation rule, including etectroni_c access to some Adr,~ui~tration (FAA) to determiue if an of the information such as the docket airport within six statute miles of the index and supporting documents, new MsWIav meets the criteria FOR F~RTNEa INFORMATION COm'ACT: For established by FAA to comply with the general information, contact t]ie RCRA statute. The FAA can be contacted at the Hotline at .800-42.4-9346 or TDD 800- F.A_A's.Office o£ Airport Safety and ' 553-7672 [hearing impaired). In the Standards, Airport Safety and Washington, DC, metropolitan area, call Certification Branch, a~ 800-842-8736, P. 107 Federal gegister/¥ol. 67, No. 133/Thursday, July 11, 2002/Proposed Rules 45949 Ext. 7~085 or via e-mail at < WebmasterARP@faa.gov>. .Acronyms The hall names for the acronyms used in this document are listed in the following table: Acronym Definition AC ............... Federal Aviation Administra- tion Advisory Circular 150/ 5200-34, together with its Appendix 1, dated August 26, 2000. CFR ............. The United States Code of Federal Regulations. EPA-. ............ The UnitedStates Environ- mental Protection Agency. FAA ............. The United States Federal Aviation Adm[n stration. Ford Act ....... Wendell H. Ford Aviation in- vestmen[ and Reform Act - for the 21st Century. MSWLF ....... Munic!pal Solid Waste Landfill. NqWA ........... National.Technology and Transfer Act of 1995. OMB ............ The United States Office of Management and Budget. RCRA ..........The Resource Conservation , and Recovery Act. RIC .............. Resource .Conservation and Recovery Act information Center. UMRA ..........Unfunded Mandates Reform Act of 1995. U,S .............. United States. U.S.C ........... United States Code. Whe~ To Find and View Information About This Rule All documents in the docket for this rulemaking, including public comments, are available for review in the RCP, A Information.Center (FAC), located at Crystal Gateway.I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The FaC is open f~om 9 a.m. to 4.p.m., Monday through Friday, excluding federal holidays. To review the docket materials in person, 'we recommend that the public m~ke au appc/mtment by col}int.703-603-9230. The public can hard copy a maximum of 100 pages f~om the docket at no charge. Additional copies cost $0.15/ page. You can access the Index to the docket and the supporting documents elec~onically On the Internet at: <htip ://www. epa.gov/epaosWer/non.h w/ muncpJ/JandfiI1/oJrport.htm>. If you access the information electronically, ~ou can download or print copies free of charge. Preamble .Outline · I. Legal Authority for Today's Proposed Rule . [[. Why We Are Proposing an Amendment to the MSWLF Location Restrictions for Airport Safety EI. Description of How Today's Proposed Action Would Chanse the Current Regulations IV. Description o£Today's Proposed Amendment to MSWLF Location Restrictions for Airport Safety A. La~clfills to Which the Proposed New Restrictions Apply B. Exempgons to the Limitations V. How the States and Tribes Implement This Rule VI. Why We Are Also Promulgating'This Proposed Amendment As a Direct Final Rule Without Prior Proposal VE. Applicabilit3! of Relevant Statutes and Executive Orders to Today's Proposed Rule A. Executive Order 128BB: Resulatory Plnn~iu§ & Review B, ReS, ulatory Flexibility Act C. Unfunded Mandates Reform Act ' D. Paperwork Reduction Act E. Executive Order 13132; Federalism F, Executive Order 1,q175: Consultation and Coordinatioi with Indian Tribal Governments G. Executive Order 13045: Protection of C]:/ildren ~om Environmental Health Risks and Safety Risks H. National Technology Transfer & Advancement Act of 1995 I. Executive Order 12898: EnvironmentaJ Justice J. Executive Order 13211; Energy Effects I. Le§al AUthority for Today's Proposed Kule The EPA is proposing this rule under · Sections 1008(a), 2002 (general rule makin~ authority~, and 4004 of the Resource Conservation and Recovery Act o£ 1976, as amended, 42 U.S.C. 6907[a), 6912, 6944. II. Why We Are Proposing an Amendment to the MSWLF Location Restrictions'for Ah'port Safety · On April 5, 2000, Congress enacted the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century [Ford Act), Public Law 106- 181. Section 503 of the Ford Act includes a provision 3~mlting the "consn'uctJon or establishment" o~ municipal sOlid waste landfills (MSWLFs) wi~h~u si~. m/les of certmin smaller public airports. The FAA issued guidance regarding-the requirements of the Ford Act in FAA Advisory Circular {AC) 150/5200-34. (~u~ust 26, 2000). Today's proposed rule incorporates the statutory requirement into EPA's Criteria for Municipal Solid Waste Lana~i]],, 40 CFR part 258. Specifically, we are proposing to amend the location restriction requirements pert~u~u~ to airport safety found in § 258:10 of the criteria by adding 'this new location restriction to the existing location restrictions. Section 503 of the Ford Act was enacted to address the potential hazard posed to aircraft by birds attracted to landfills. According to the Federal Aviation Administration (FAA), an estimated 87 percent of the collisions between wildlife and civil aircraft occurred on or near.airports when aircraft were less than 2,000 feet above ground level. Collisions with wildlife at these altitudes are especially dangerous because aircraft pilots have rn~n~rnal time to recover. Databases managed by the FAA and the United States Air Force show that more than 54,000 civil and mihtary aircraft reported strikes with wildlife from ~990 to 1999 [FAA AC No. ~50/5200-34). III. Description of How Today's' Proposed Action Would Change the Current Regulations 40 CFR 258.10 sets forth location restrictions for MSWLFs to address airport safety. The § 25ma0(a) and (c) contain requirements for new MSWLFs, existing MSWLFs and lateral' expansions of landfills that are located withiu 1~,000 feet of any airport runway used-by turbojet aircraft or within 5~000 of any airport runway used only by piston-type aircraft. Owners or operators of such landfLUs are required to (1) demonstrate that the MSWLFs are designed and operated so as not to "pose a bird hazard to aircraft," (Z) . place a copy of the demonstration in the MSWLF operating record, and (B) notify the State Director that it has been placed in the operating file. "State Director" is defined as "the chief aamlu~strative officer, of the lead state asency responsible for implementing the state permit program for 40 CFR part 257, subpart B and 40 CFR part 258 regulated facilities.' Section 258.10(b) applies to new MSWLFs .and lateral expansions proposed to be constructed within a five-mile radius of the end of any airport runway used-by tUrboiet or piston-type aircraft. For such proposed new MSWLFs and lateral expansions, the owner or operator must notify the affected a/rport and the FAA. Section 258.10(d) defines "airport" to mean a "public-use airport open to the 'public.without prior permission and without restrictions, wi*h~ the physical capacities of available facilities." This subsection also defines "bird hazard2' IV. Description of Today's Proposed Amendment to MSWLF Location Kestricfions for Airport Safety Today's proposed rule -adds a new paragraph (e) to § 258.10 that incorporates the location restrictions enacted in.§ 503 of the Ford Act P. 108 45950 Federal Register/gel. 67, No. 133 / Thursday, ·July 11, 2002 / Proposed Rules prohibiting construction or establishment of a new MSWLF within slx miles of a "public airport." A "public airport" is one that: (1) Has received grants under the Airport and Airway. Improvement Act of 1982, as amended (chapter 471, 49 u.S.c. 47101, et. seq.) and (2) is primarily served by general aviation aircraft and regularly scheduled ah carrier operations that use aircra_~ designed for. 60 passengers or less. Today's proposed rule applies to MSWLFs (as defined in 40 CFR 257.3 ' through 257.8) that receive putrescible waste (as defined in 40. CFR 25Y.3 through 257.8).' A. Landfills to Wlu'ch the Pro~9osed New Restrictions Apply The new. six (6) mile restriction only applies to new MSWLFs constructed or established after April 5, 2000. "Constrnct a MSWLF" is defined as in Appendix 1 of the FAA AC 150/5200- 3-4 as "excavate or grade land, or rats6 structures, to prepare a municipal solid waste landfill as permitted l~y the ' appropriate regulatory 'or permitting authority." "Establish a MSWLF" is defined in Appen~lix 1 of the FAA AC 150/5200-34 as a MSWLF that "receives[s] the first load of putrescible waste on site for placement in a prepared municipal sohd waste land,Il." To deterz~ine whether ~' airport in the vicinity of a proposed MSVv-LF is an airport that is subject to the Ford Act, the landfill owner or operator should contact the FAA. As the FAA ~idance indicates, those airports covered by the Ford Act.do not fall into a classification or category that has been established by the FAA or other legislation. See FA_& AC No. 150/5200-34, section 8. If the airport in question does not meet the definition in the Ford ~,ct, then today's rule does not apply to the proposed 'lanam], I~ the airport in question meets the Ford Act definition, then the · proposed lanaml must be located at least six miles ~rom the airport. The. FAA AC 150/5200-34 also provides guidance for determining whether a new MSWLF falls withju ~he six mile range.. The six mile distance is to be measured from.. "the closest point of the airport property boundary to the closest point o£ the MSWLF property boundary (FAA AC No. 150/5200-34, section 9). B. Exemptions to the Limitations The six mile siting )imitation does not apply to: (1) A MSWLF where construction or establishment began on or before April 5, 2000; (2) an existing MSWLF that received putrescible waste on or before April 5, 2000; {3) an exisO.ug MSWLF (constructed or established before April 5, 2000)'that is expanded or modified after April 5, 2000; or (4) MSVvU_~s in the State of Alaska. In addition, the aviation agency of the state in which the airport is loca{ed can request an exemption f~om the.sLx mile limitation from the FAA for a new MSWLF. Section 10 of the FAA AC No. 150/5200-34 sets out the procedure for applying for an exemption. New MSWY_Zs that are not snbject to the. six mile siting l~m~tafion, including those in the State of Alaska, continue to be subject to the landfill siting criteria at 40 CFR 258(a)-(d). .V. How the States and Tribes Implement This Rule EPA recognizes that today's rule and the language in the Ford Act are more stringent than the existing 258.10 location restrictions because the boundary for newly constructed or established'MSWLFs is moved from five miles to six miles from certain airports. However, .EPA does not deem this change to be significant. This provision. concerns only new MSWLFs constructed or established after April 5, 2001. EPA does not expect many new landfills to be constructed, and expects fewer still to be located in the vicinity of an airport defined in section 503 of the Ford Act. In addition, EPA notes that the statutory restriction in Section 503 of the Ford Act applies to such'new MSWLFs regardless of whether EPA incorporates its terms into the MSWLF criteria. Therefore states are no~ required to amend permit programs which have been determ~ued to be · adequate under 40 CFR part 239. States however have the option to amend ' statutory orregulatory definitions pursuant to today's rule. If a state uhooses to amend its permitprogram pursuant to today's action, the state must notify.the Re~ional Adm~u~strafi0n of the modification as provided by 40 CFR 239.i2. Today's amendments are. flirecfly applicable to land~]]s in states without an approved permit program under Part 239, cud in Indian Country. We also encourage Wibes to adopt · today's amendments into their pr. ograms. Vi. Why We Are Also Promulgating This Proposed Amendment As a Direct Final Promulgation Without Prior PropoSal In the "Rules and Regulations" ~ection of.today's 'Federal I[e~ister, EPA is also promulgating this amendment as a direct'final rule without prior proposal because weview this as a noncontroversial amendment and anticipate no adverse comment because P. 109 it simply incorporates the legislative directive of the Ford Act. We explained our reasons in the Preamble to the direct final rule. EPA is maid.ag this change in order to eliminate potential confusion between the new requirements under the Ford Act and the MSWLF criteria, promulgated in 1991 pursuant to the Resource Conservation and Recovery Act (RCRA). The final rule will be effective on October 9,2002, without further notice unless we receive adverse comment by August 12, 2002. H we receive no adverse comment, we will not take further action on this proposed rule. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Ke~ister i¢fform~ug the public that the direct final rule will not take effect. We · will addres~ all public comments in a subsequent final rUle based on the proposed rule. We will not institute'a second comment per!od on this action. Any parties interested in commenting must .do so at this time. A comment will be considered-adverse if it: (1) Is negative and addresses the basis or purpose of the rule; (2) suggests that the rule should not be adopted or offers facts or data contrary to the basis upon which EPA relied in issuing the rule;'(S) recommends changes that suggest that the rule without these changes would be inappropriate; and (4) is germane. A comment is not adverse if it: (1) Is nat clearly related to the subject of the rule and/or (2) supports the rule or is irrelevant to th~ rule (e.g., a comment addressing an aspect of the program not considered kd the rule).- VII. ApPlicability of Relevant Statutes and Executive Orders to .Today's Rule A. Executive Order 12866: ReLcJatory Planning & He~ew. Under Executive Order 12866, EPA must determ~ue whether a regulatory action is significant and therefore subject to Office of Management and Budget .(OMB) review and the other provisions of the Executive Order. Executive Order 12866 defines a siguificantregulatory action as one that is likely to result in actions that may: (1) Have an auuual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, pubhc health or safety, or ·State, local, or tribal governments, or communities; (2) c~eate a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entiflements, grants, user fees, or loan programs or the fights and obligations of Federal Register/Vol. 67, No. 133/Thursday, ~uly 11, 2002 ~ Proposed Rules 45951 recipients thereof; or (4) raise nova) legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order." It has been determined that this rule is not a "significant regulatory action" under the terms of Executive Order 12866.and ~s therefore not subject to O/rIB review. Today's rule, deals only with siting of future hndiv~dual MSWLFs after the statute's passage, does not have an adverse impact on the economy, the environment, the public, or governments. Similarly, it neither 'interferes with other agencies nor impacts other programs, the President's priorities, or toga] mandates. Indeed, today's direct final rule codifies a legal mandate that enhances public safety and is more protective of wildlife than doing nothing. B. Be~ulatory Flexibility Act The Regulatory Flexibility Act, as amended by the .Small Business · Regulatory Enforcement Fa/mess Act of 1996, 5 U,S.C. 601 et seq., generally requires an agency to prepare, and make available £or public cor~roent a regulatory flexibility analysis that describes the hnpact of a proposed or final rule on small entities (i.e., small businesses, small organizations, and small governmental iurisdictions). The regulatory flexibility analysis is not required if the head of an agency certifies that the rule will not have a significant adverse impam on a substantial nm-nbar of small entities. If the agency certifies that there is no such impact, the agency must provide a statement of the factual basis for the certification. After consideriqg the economic impacts of today's proposed rule on small entities, I certify that this action will not have a' significant economic impact on a substantial number of small entities. This proposed rule will not impose any requirements on small entities. The following discussion explains EPA's factual basis for our certification .that this proposed rule will not have a significant adverse impact on a substantial number of small entities. This proposed rule does not impact any existing MSWLFs, only future construction and establi~tnnent of MSWLFs begun after the date of the ena~nent of the statute (April 5, 2000). There will be no added costs to those entities iuvolved in establishing or consm~cting new MSWLFS because this proposed rule will not increase the requirements for lan&fills begun on or- before the enactment of the statute; it will only affect, their location. Similarly, it will not increase requirements for ex/sting landfills, regardless of size. As a result, today's proposed rule will not impose significant new burdens on small entities. Therefore, for the reasons stated above, the EPA certifies that the proposed rule will not have a significant impact on a substantial number of small entities. C, Unfunded Mandates I~eform ACt Title II of the Un~mded Mandates Reform Act of 1995 (LPvIR~I, Public Law 104-4, establishes requirements for federal agencies to assess the e~fects of regulatory actions on state, local, and tribal governments, .and the private: sector. ·Under Section 202 of the UMRA, ~ EPA generally must prepare a v~itten statement, including a cost-benefit analysis, for proposed and final rules with "Federal mandates" that may result in expenditures to state, local, and tribal governments--either in the aggregate er to the private sector--of $100 million.or more in any one year. Before promulgating an EPA rule for Which a written statement is needed, section 205 of the ~ generally requires EPA to identify and consider a reasonable number of alternatives and adopt the least costly, most cost effective, or' least burdensome alternative that achieves the obiective of the rule. The above requirements of Section 205 do not apply when they are inconsistent with applicable law. Moreover, Section 205 allows EPA to · adoPt an alternative other than the least cosily, most cost-effective or least burdensome alternative if the Aflrn~n~strator.publishes with the final rule an explanation why that alterna'dve was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed (under Section 203 of the UiVfRA) a small govermn~nt agency plan. The plan must provide 'for: (1) Notifying potentially affected small governments; {2) enabling officials of a~ected small · governments to have meaui~gful and .timely Input in the development of EPA regulatory proposals with signi~cant · federal intergovernmental.mandates; ,and (3) informing, educating, and advising small governments on compliance with the regulatory requirements. Today's. proposed rule does not contain any federal mandates that are covered under the r%mlatory provision of Title li of the ~ that apply to state,.local, or tribal goveruments or the private sector. The rule does not impose any additional enforceable duty on any state, local, or tribal governments or on the private sector. Thus, today's proposed rule is not subject to the requirements of Sections 202 and 205 of UMRA. D. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. ~501 et. seq., requires the f~deral government (and thus EPA) to minimize the paperwork burden resulting from any collection of information by or for the federal govern.mem. Under 44 U.S.C. 3501 et seq., EPA musI subm/t a request to collect the information, together with a copy of the rule, to the Office of Management and Budget (OMB) in those cases where EPA is collecting information in a notice of proposed or final rule making. EPA does not plan to submit an ICR to OM[B for review under the Paperwork Reduction ACt,. 44 U.S,C., 3501 et seq. because there are no information collection requirements associated with today's proposed ruleL E. Executive Order 13132: Federalism Executive Order 181S2, entitled "Federgism" (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure "meanlngfu] and timely input by state and local o~ficials in the devdlopment of regulatory policies that have federalism implications." 'The phrase, "policies that have federalism implications," is defined in the Executive Order to include regulations that have "substantial direct effects on the states, on the relationship between the national govennnent and the states, or on the distribution o~ power and responsibilities among the various levels of government." Today's proposed rule does not have federalism implications. It will not have substantial dire~ effects on the stateS~ on thd relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified In Executive Order ~3132. The proposed rule does not impose any requirements, implementation duties, enforcement 'duties, monitoring requirements, or reporting requirements on states. Thus, Executive Order 13132 does net apply to this proposed rule. F. Executive Order ~3~ 75: Consu/tat/on and Coordination With Indian TdbaJ Governments Executive Order-*13175, entitled "Consultation and Coordination with Indian Tribal Governments" (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure "me~ni~$fnl and timely input by tribal officials in the development or P. 110 45952 Federal Register, Vol. 67, No. 133/Thursday, July 11, 2002 ~ ?roposed Rules regulatory policies that have tribal implications." "Policies that have tribal implications" ere defined in the Executive Order to include regulations that have "substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of po~ver and responsibilities between the Federal government and Indian tribes." Under section 5(b) of Executive Order 13175, EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments, or EPA consults with tribal officials early in the process of developing the proposed re~-lation. Under section 5(c) Of.Executive Order 13175, EPA may not issue a regulation that has tribal implications and that preempts-tribal law, unless the Agency consults with tribal officials early in the process of developing the proposed regulation. This proposed rule does not have tribal implf~ations, as specified in Executive Order 13175. Today's action incorporates requirements that are already in effect.pursuant to the Ford Act. Thus, Executive Order 13175 does not apply to this rule. G. EXecutive Order / 3045: Protection of Children From Environmental Health Risks and Safety P~sks Executive Order 1'3045, "Protection of Children ~rom Environmental Health Risks and Safety Risks" applies tO any rule that: (1) Is determlued to be "economically si~n~cant", as defined u~der Executive Order 12866,. and (2) conCerns'an environmental health or . safet~ risk thatEPA has reason to believe may have a disproportionate ' effect on children. If the regulatory action meets both criteria, the Agency must evaluate the enviromnental health or safety effects of the planned rule on' children, and must explain why the p]auned-resulafion is preferable to other potentially effective and reasonably feasible alternatives considered by the This proposed rule is not subject to the .Executive Order because it is not economically si~aificant as defined in · Executive Orde~ 12866 and because the Agency does not have reason to believe the environmental health or safety risks · ad~essed by this action, i.e., hazards to aircraft from bir~ attracted to municipal solid waste landfills, present a disproporkionate risk to children. H. National Technology Transfer and Advancement Act of. 1995 Section 12(dj of the National Tec .hnology Transfer and Advancement Act.of 1995 ("NTTA"), Public Lav~ 104- 113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities' unless to do so would be inconsistent with applicable law or would be otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus. standards bodies. The NTTA directs EPA to provide Con,ess, thrcugh OMB, explanations when the EPA decides not to use available and applicable voluntary consensus standards. Today's proposed rule does not .involve technical standards. Therefore, EPA &id not consider the use of any voluntary co~.sensus. I. Executi~ze Order 12898: Environmental/ustice. EPA has undertaken to incorporate environmental justice into its policies and pro~ra.ms through: (1) Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations"; (2) EPA's April 1995, "Environmental Justice Strategy, Office of Solid Waste and Emergency Response Environmental Justice Task Force Action Agenda Report"; and (3) the National.Environmental ]ustice Advisory Council. EPA is committed to addressing environmental iustice concerns, and has .assumed a leadership role in environmental justice initiatives to enhance environmental quality for all residents of the United 'States. The Agency's goals are to ensure: (1) That no sesment of the population--regardless · of race, color, national origin, or income--bears disproportionately high and adverse human health and environmental effects, as a result of EPA's policies, pr0~rams, and activities; and (2) that all people live in clean and sustainable communities. The EPA believes that today's proposed rule, which conforms the language in 40 CFR 258.10 to the Ford Act, has no adverse environmental or economic impact on any rn~nority Or low-income Stoup, or on any other type' of affected community. These standards would no~ affect the location of any MSWLF other than to prohibit the looation of MSWLFs wifh~n six miles of a public airport as defined in the proposed rule. l. Exec. uffve Order 13211: EnerEy Effects This proposed rule is not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" because it is not a significant regulatory action under Executive Order 12866. List of Subjects in 40 CFR Part Environmental protection, Reporting and recurdkeeping requirements, Waste treatment and disposal, Water pollution control. Dated: May 31, 2002. Christine Todd Whitman, Administrator.. [FR Doc. 02-~§995 Filed 7-~0.-02; 8:45 am] ell. LING CODE 6SSD-S0--U DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 020628163-2163-01; I.D. 0613D2B] RIN 064~-AP43 Fisheries off West Coast States and in the Western Pacific; Coastal Pelagic Species Fisheries; Annual Specifications AGENCY: National Marine Fisheries Service {NMFS), National Oceanic and Atmospheric Administration (NOA.~), .' Commerce. AC?~O~: Proposed rule. SU~AmY: NivIFS proposes a regulation to'implement the ~n~ual harvest ~ideline for Pacific mackerel in the' exclusive economic zone (EEZ) off the Pacific coast. The Coastal Pelagic' Species. (CPS) Fishery Management Plan (FMPI and its implementing regulations require'NMFS to set an auuual harvest ~mideline for Pacific mackerel based on the formula in the FMP. The ~tended effect of this action is to propose allowable harvest levels for Pa'cific mackerel off the Pacific coast. DATES: Comments must be rac~ived by ~uly 26, 2002. ADDRESSES: Sen'd comments on the proposekl rule to Rod.uey R..Mc]nnls, Acting Admin~stra. tor, Southwest Region, NMFS, 501 West Oceah Boulevard, Suite 4200,.Long Beach, CA 90802. The report Stock Assessmem of Pacific Mackerel with Recommendations for the 2002-2003 Management Season may be obtained at fids same address; P. 111 U.S. Department of TranSportation Federal Aviation Administration Advisory Circular Subject: CONSTRUCTION OR ESTABLISHMENT Date: August 26, 2000 AC No: 150/5200-34 OF LANDFILLS NEAR PUBLIC AIRPORTS Initiated by: AAS-300 Change: 1. Purpose. This advisory circular (AC) contains guidance on complying with new Federal statutory requirements regarding the construction or establishment of landfills near public airports. 2. Application. The guidance contained in the AC is provided by the Federal Aviation Administration (FA_A) for use by persons considering the construction or estabhshment of a municipal solid waste landfill (MSWLF) near a public airport. Guidance contained herein should be used to comply with recently enacted MSWLF site limitations contained in 49 U.S.C. § 44718(d), as amended by section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 2 l~t Century, Pub. L. No. 106-181 (April 5, 2000), "Structures interfering with air commerce." In accordance with § 44718(d), as amended, these site limitations are not applicable in the State of Alaska. In addition, this AC provides guidance for a state aviation agency desiring to petition the FAA for an exemption from the requirements of § 44718(d), as amended. 3. Related Reading Materials. a. AC - 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, May 1, 1997. b. Wildlife Strikes to Civil Aircraft in the United States 1990-1998, FAA Wildlife Aircraft Strike Database Serial Report Number 5, November 1998. c. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal Sites in the Vicinity of Airports, April 1996, DOT/FAA/AS/96-1. d. Title 14, Code of Federal Regulation, Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. e. Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste Landfill Criteria. Some of these documents and additional information on wildlife management, including guidance on landfills, are available on the FAA's Airports web site at www.faa.gov/arp/arphome.htm. P. 112 8/26/00 AC 150/5200-34 4. Definitions. Definitions for the specific purpose of this AC are found in Appendix 1. 5. Background. The FAA has the broad authority to regulate and develop civil aviation under the Federal Aviation Act of 1958, 49 U.S.C. § 40101, et. seq., and other Federal law. In section 1220 of the Federal Aviation Reauthorization Act of 1996, Pub. L. No. 104-264 (October 9, 1996), the Congress added a new provision, section (d), to 49 U.S.C. § 44718 to be enforced by the FAA and placing limitations on the construction or establishment of landfills near public airports for the purposes of enhancing aviation safety. Section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21), Pub. L. No. 106-181 (April 5, 2000) has replaced section 1220 of the 1996 Reauthorization Act, 49 U.S.C. § 44718 (d), with new language. Specifically, the new provision, § 44718(d), as amended, was enacted to further limit the construction or establishment of a MSWLF near certain smaller public airports. In enacting this legislation, Congress expressed concern that a MSWLF sited near an airport poses a potential hazard to aircraft operations because such a waste facility attracts birds. Statistics support the fact that bird strikes pose a real danger to aircraft. An estimated 87 percent of the collisions between wildlife and civil aircraft occurred on or near airports when aircraft are below 2,000 feet above ground level (AGL). Colhsions with wildlife at these altitudes are especially dangerous as aircraft pilots have minimal time to recover from such emergencies. Databases managed by FAA and the United States Air Force show that more than 54,000 civil and military aircraft sustained reported strikes with wildlife from 1990 to 1999 (28,150 civil strikes and 25,853 military strikes). Between 1990-1999, aircraft-wildlife strikes involving U. S. civil aircraft result in over $350 million~year worth of aircraft damage and associated losses and over 460,000 hours/year of aircraft down time. From 1990 to 1999, waterfowl, gulls and raptors were involved in 77% of the 2,119 reported damaging aircraft-wildlife strikes where the bird was identified. Populations of Canada geese and many species of gulls and raptors have increased markedly over the last several years. Further, gulls and Canada geese have adapted to urban and suburban environments and, along with raptors and turkey vultures, are commonly found feeding or loafing on or near landfills. In light of increasing bird populations and aircraft operations, the FAA believes locating landfills in proximity to airports increases the risk of collisions between birds and aircraft. To address this concern, the FAA issued AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, to provide airport operators and aviation planners with guidance on minimizing wildlife attractant. AC 150/5200-33 recommends against locating municipal solid waste landffils within five statute miles of an ah-port if the landfill may cause hazardous wildlife to move into or through the airport's approach or departure airspace. P. 113 8/26/00 AC 150/5200-34 6. General. Using guidance provided in the following sections, persons co~idering construction or establishment of a landfill should first determine if the proposed facility meets the definition of a new MSWLF (see Appendix 1). Section 44718(d), as amended, applies only to a new MSWLF. It does not apply to the expansion or modification of an existing MSWLF, and does not apply in the State of Alaska. If the proposed landfill meets the definition of a new MSWLF, its proximity to certain public airports (meeting the criteria specified in Paragraph 8 below) should be determined. If it is determined that a new MSWLF would be located within six miles of such a public airport, then either the MSWLF should be planned for an alternate location more than 6 miles from the airport, or the MSWLF proponent should request the appropriate State aviation agency to file a petition for an exemption from the statutory restriction. In addition to the requirements of § 44718(d), existing landfill restrictions contained in AC 150/5200-33, Hazardous Wildlife Attractions On or Near Airports (see Paragraph 5, Background) also may be applicable. Airport operators that have accepted Federal funds have obligations under Federal grant assurances to operate their facilities in safe manner and must comply with standards prescribed in advisory circulars, including landfill site limitations contained in AC 150/5200-33. 7. Landffils Covered by the Statute. The limitations of § 44718(d), as amended, only apply to a new MSWLF (constructed or established after April 5, 2000). The statutory limitations are not applicable where construction or establishment of a MSWLF began on or before April 5, 2000, or to an existing MSWLF (received putrescibte waste on or before April 5, 2000). Further, an ex/sting MSWLF that is expanded or modified after April 5, 2000, would not be held to the limitations of § 44718(d), as amended. 8. Airports Covered by the Statute. The statutory limitations restricting the location of a new MSWLF near an airport apply to only those airports that are recipients of Federal pants (under the A/rport and Airway Improvement Act of 1982, as amended, 49 U.S.C. § 47101, et seq.) and to those that primarily serve general aviation aircraft and scheduled air carder operations using aircraft with less than 60 passenger seats. While the FAA does not classify airports precisely in this manner, the FAA does categorize airports by the type of aircraft operations served and number of armual passenger enplanements. In particular, the FAA categorizes public airports that serve air carrier operations. These airports are known as commercial service airports, and receive scheduled passenger service and have 2,500 or more enplaned passengers per year. One sub-category of commercial service airports, non.hub primary airports, closely matches the statute requirement. Non.hub primary airports are defined as commercial service airports that enplane less than 0.05 percent of all commercial passenger enplanements (0.05 percent equated to 328,344 enplanements in 1998) but more than 10,000 annual enplanements. While these enplanements consist of both large and small air carrier operations, most are conducted in aircraft w/th less than 60 seats. These airports also are heavily used by general aviation aircraft, with an average of 81 based aircraft per nonhub primary airport. P. 114 8/26/00 AC 150/5200-34 In addition, the FAA categorizes airports that enplane 2,500 to 10,000 passengers annually as non-primary commercial service airports, and those airports that enplane 2,500 or less passengers annually as general aviation airports. Both types of airports are mainly used by general aviation but in some instances, they have annual enplanements that consist of scheduled ak carrier operations conducted in aircraft with less than 60 seats. Of the non-primary commercial service airports and general aviation airports, only those that have scheduled air carrier operations conducted in akcraft with less than 60 seats would be covered by the statute. The statute does not apply to those airports that serve only general aviation aircraft operations. To comply with the intent of the statute, the FAA has identified those airports classified as nonhub primary, non-primary commercial service and general aviation airports that: 1. Are recipients of Federal grant under 49 U.S.C. § 47101, et. seq.; 2. Are under control of a public agency; 3. Serve some scheduled air carrier operations conducted in aircraft with less than 60 seats; and 4. Have total annual enplanements consisting of at least 51% of scheduled air carrier enplanements conducted in aircraft with less than 60 passenger seats. Persons considering construction or establishment of a new MSWLF should contact the FAA to determine if an airport within six statute miles of the new MSWLF meets these criteria (see paragraph 11 below for information on contacting the FAA). If the FAA determines the airport does meet these criteria, then § 44718(d), as amended, is applicable. An m-depth explanation of how the FAA collects and categorizes airport data is available in the FAA's National Plan of Integrated Airport Systems (NPIAS). This report and a list of airports classified as nonhub primary, non-primary commercial service and general aviation airports (and associated enplanement data) are available on the FAA's Airports web site at http://www.faa.gov/arp/410home.htm. 9. Separation distance measurements. Section 44718(d), as amended, requires a minimum separation distance of six statute miles between a new MSWLF and a public airport. In determining this distance separation, measurements should be made from the closest point of the airport property boundary to the closest point of the MSWLF property boundary. Measurements can be made from a perimeter fence if the fence is co-located, or within close proximity to, property boundaries. It is the responsibility of the new MSWLF proponent to determine the separation distance. 10. Exemption Process. Under § 44718(d), as amended, the FAA Administrator may approve an exemption from the statute's landfill location limitations. Section 44718(d), as amended, permits the aviation agency of the state in which the airport is located to request such an exemption from the FAA Administrator. Any person desiring 4 P. 115 8/26/00 AC 150/5200-34 such an exemption should contact the aviation agency in the state in which the affected airport is located. A list of state aviation agencies and contact information is available at the National Association of State Aviation Officials (NASAO) web site at ~vww.nasao.org or by calling NASAO at (301) 588-1286. A state aviation agency that desires to petition the FAA for an exemption should notify the Regional Airports Division Manager, in writing, at least 60 days prior to the establishment or construction of a MSWLF. The petition should explain the nature and extent of relief sought, and contain information, documentation, views, or arguments that demonstrate that an exemption from the statute would not.have an adverse impact on aviation safety. Information on contacting FAA Regional Airports Division Managers can be found on the FAA's web site at www.faa.gov. After considering all relevant material presented, the Regional Airports Division Manager will notify the state agency within 30 days whether the request for exemption has been approved or denied. The FAA may approve a request for an exemption if it is determined that such an exemption would have no adverse impact on aviation safety. 11. Information, For further information, please contact the FAA's Office of Airport Safety and Standards, Airport Safety and Certification Branch, at (800) 842-8736, Ext. 73085 or via email at WebmasterARP~faa.gov. Any information, documents and reports that are available on the FAA web site also can be obtained by calling the toll-free telephone number listed above. DAVID L. BENNETT Director, Office of Airport Safety and Standards P. 116 8/26/00 APPENDIX 1. DEFINITIONS. AC 150/5200-34 Appendix 1 The following are definitions for the specific purpose of this advisory circular. a. Construct a mun/cipal solid waste landfill means excavate or grade land, or raise structures, to prepare a municipal solid waste landfill as permitted by the appropriate regulatory or permitting authority. b. Establish a municipal solid waste landfill (MSWLF) means receive the fn-st load of pmrescible waste on site for placement in a prepared municipal solid waste landfill. c. Existing municipal solid waste landfill (MSWLF) means a municipal solid waste landfill that received putrescible waste on or before April 5, 2000. d. General aviation aircraft means any civil aviation aircraft not operating under 14 C.F.R. Part 119, Certification: Air carriers and commercial operators. e. Municipal solid waste landfill (MSWLF) means publicly or privately owned discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 C.F.R. § 257.2. A MSWLF may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste and industrial solid waste, as defined under 40 C.F.R. § 258.2. A MSWLF may consist of either a standalone unit or several cells that receive household waste. f. New municipal solid waste landfill (MSWLF) means a municipal solid waste landfill that was established or constructed after April 5, 2000. g. ?crson(s) means an individual, fn-m, partnership, corporation, company, associatiou, joint-stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them (14 C.F.R. Part 1). h. Public agency means a State or political subdivision of a State; a tax-supported organization; or an Indian tribe or pueblo (49 U.S.C. § 47102(15)). i. Public airport means an airport used or intended to be used for public purposes that is under the control of a public agency; and of which the area used or intended to be used for landing, taking off, or surface maneuvering of aircraft is publicly owned (49 U.S.C. § 47102(16)). j. Putrescible waste means solid waste which contains organic matter capable of being decomposed by micro-organisms and of such a character and proportion as to be capable of attracting or providing food for birds (40 C.F.R. § 257.3-8). k. Scheduled air carrier operation means any common carriage passenger-carrying operation for compensation or hire conducted by an air carrier or commercial operator for P. 117 8/26/00 AC 150/5200-34 Appendix 1 which the air carrier, commercial operator, or their representatives offers in advance the departure location, departure time, and arrival location. It does not include any operation that is conducted as a supplemental operation under 14 C.F.R. Part 119, or is conducted as a public charter operation under 14 C.F.R. Part 380 (14 C.F.R. § 119.3). 1. Solid waste means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from commurfity activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point som'ces subject to permit under 33 U.S.C. § 1342, or source, special nuclear, or by- product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) (40 C.F.R. § 258.2). 7 P. 118 U.S. Department of Transportation Federal Aviation Administration Advisory Circular I Subject: HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS Date: 5/1/97 Initiated by:' A_AS-310 and APP-~00 AC No: 1'50/5200-33 Change: 1. PURPOSE. This advisory circular (AC) provides guidance on locating certain land uses having the potential to attract hazardous wildlife to or in the vicinity of public-use airports. It also provides guidance concerning the placement of new airport development projects (including airport construction, expansion, and renovation) pertaining to aircraft movement in the vicinity of hazardous wildlife attractants...' Appendix 1 provides definitions of terms used in this AC. 2. APPLICATION. The standards, practices, and suggestions contained in this AC are recommended by the Federal Aviation Administration (FAA.) for use by the operators and sponsors of all public-use airports. In addition, the standards, practices, and suggestions contained in this AC are recommended by the FA~ as guidance for land use planners, operators, and developers of projects, facilities, and activities on or near airports. 3. BACKGROUND. Populations of many species of wildlife have increased markedly in the last few years. Some of these species arc able to adapt to human-made environments, such as exist on and around airports. The increase in wildlife populations, the use of larger turbine engines, the increased use of twin-engine aircraft, and the increase in air-traffic, all combine to increase the risk, frequency, and potential severity of wildlife- aircraft collisions. Most public-use airports have large tracts of open, unimproved land that are desirable for added mar- gins of safety and noise mitigation. These areas can present potential hazards to aviation because they often attract hazardous wildlife. During the past century, wildlife-aircraf~ strikes have resulted in the loss of hundreds of lives world-wide, as well as billions of dollars worth of aircraft damage. Hazardous wildlife attractants near airports could jeopardize future airport expansion because of . safety considerations. DAVID L. BENNE~ Director, Office of Airport Safety and Standards P. 119 5/1/97 AC 150/5200-33 SECTION 1. ttAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIR.PORTS. 1-1. TYPES OF BL&ZARDOUS WILDLIFE ATTRACTANTs ON OR NEAR AIRPORTS. Human-made or natural areas, such as poorly- drained areas, retention ponds, roosting habitats on buildings, landscaping, putrescible-waste disposal operations, wastewater treatment plants, agricultural or aquacultural activities, surface mining, or wetlands, may be used by wildlife for escape, feeding, loafing, or reproduction. Wildlife use of areas within an airport's approach or depar- ture airspace, aircraft movement areas, loading ramps, or aircraft parking areas may cause condi- tions hazardous to aircraft safety. All species of wildlife can pose a threat to aircraft safety. However, some species are more commonly involved in aircraft strikes than others. Table 1 lism the wildlife groups commonly reported as being involved in damaging strikes to U.S. aircraft from 1993 to 'i995. Table 1. Wildlife Groups Involved in Damaging Strikes to Civilian Aircraft, USA, 1993-1995. Wildlife Percent involvement in Groups reported damaging strikes Gulls 28 Waterfowl 28 Raptors 11 Doves 6 Vultures 5 Blackbirds- 5 Starlings Corvids 3 Wading birds 3 Deer 11 1-2. LAND USE PRACTICES. Land use practices that attract or sustain hazardous wildlife populations on or near airports can significantly in- crease the potential for wildlife-aimraft collisions. FAA recommends against land use practices, within the siting criteria stated in i-3, that attract or sustain populations of hazardous wildlife within the vicinity of airports or cause movement of haz- ardous wildlife onto, into, or across the approach or departure airspace,, aircraft movement area, loading ramps, or aircraft parking area of airports. A/rpon operators, sponsors, planners, and land use developers should consider whether proposed land uses, including new airport development projects, would increase the wildlife hazard. Caution should be exercised to ensure that land use practices on or near airports do not enhance the attractiveness of the area to hazardous wildlife. 1-3. SITING CRITERIA. FAA recommends separations when siting any of the wildlife attractants mentioned in Section 2 or when planning new airport development projects to accommodate aircraft movement. The distance between an airport's aircraft movement areas, loading ramps, or aircraft parking areas and the wildlife attractant shouldbe as follows: a. Airports serving piston-powered aircraft. A distance of 5,000 feet is recommended. b. Airports serving turbine-powered aircraft. A distance of 10,000 feet is recommended. c. Approach or Departure airspace. A distance of 5 statute miles is recommended, if the wildlife attractant may cause hazardous wildlife movement into or across the approach or departure airspace. Canids 1 P. 120 (and 2) 5/1/97 AC 150/5200-33 SECTION 2, LAND USES THAT ARE INCOMPATIBLE WITH SAFE AIRPORT OPERATIONS. 2-1. GENERAL. The wildlife species and the size of the populations attracted to the airport environment are highly variable and may depend on several factors, including land-use practices on or near the airport. It is important to identify those land use practices in the airport area that attract hazardous wildlife. This section discusses land use practices known to threaten aviation safety. 2-2. PUTRESCIBLE-WASTE DISPOSAL OPERATIONS. Putrescible-waste disposal operations are known to attract large numbers of wildlife that are hazardous to aircraft. Because of this, these operations, when located within the separations identified in the sitting criteria in 1-3 are considered incompatible with safe airport operations. FAA recommends against locating putrescible-waste disposal operations inside the separations identified in the siting criteria mentioned above.' FAA also recommends against new airport development projects that would increase the number of aircraft operations or that would accommodate larger or faster aircraft, near putrescible-waste disposal operations located within the separations identified in the siting criteria in 1-3. 2-3. WASTEWATER TREATMENT FACILI- TIES. Wastewater treatment facilities and associated settling ponds often attract large numbers of wildlife that can pose a threat to aircraft safety when they are located on or near an airport. a. New wastewater treatment facilities. FAA recommends against the construction of new wastewater treatment facilities or associated settling ponds within the separations identified in the siting criteria in 1-3. During the siting analysis for wastewater treatment facilities, the potential to attract hazardous wildlife should be considered if an airport is in the vicinity of a proposed site. Airport operators should voice their opposition to such sitings. In addition, they should cormider the existence of wastewater treatment facilities when evaluating proposed sites for new airport development projects and avoid such sites when practicable. b. Existing wastewater treatment facilities. FAA recommends correcting any wildlife hazards arising from existing wastewater treatment facilities located on or near airports without delay, using appropriate wildlife hazard mitigation techniques. Accordingly, measures to minimize hazardous wildlife attraction should be developed in consultation w/th a wildlife damage management biologist. FAA recommends that wastewater treatment facility operators incorporate appropriate wildlife hazard mitigation techniques into their operating practices. Airport operators also should encourage those operators to incorporate these mitigation techniques in their operating practices. c. Artificial marshes. Waste-water treatment facilities may create artificial marshes and use submergent and emergent aquatic vegetation as natural filters. These artificial marshes may be used by some species of flocking birds, such as blackbirds and waterfowl, for breeding or roosting activities. FAA recommends against establishing artificial marshes within the separations identified in the siting criteria stated in 1-3. d. Wastewater discharge and sludge disposal. FAA recommends against the discharge of wastewater or sludge on airport property. Regular spraying of wastewater or sludge disposal on unpaved areas may improve soil moisture and quality. The resultant tuff growth requires more frequent mowing, which in turn may mutilate or flush insects or small animals and produce straw. The maimed or flushed organisms and the straw can attract hazardous wildlife and jeopardize aviation safety. In addition, the improved turf may attract grazing wildlife such as deer and geese. Problems may also occur when discharges saturate unpaved airport areas. The resultant soft, muddy conditions can severely restrict or prevent emergency vehicles from reaching accident sites in a timely manner. e. Underwater waste discharges. The underwater discharge of any food waste, e.g., fish processing offal, that could attract scavenging wildlife is not recommended within the. separations identified in the siting criteria in 1-3. P. 121 AC 150/5200-33 5/1/9? 2-4. WETLANDS. a. Wetlands on or near Airports. (1) Existing Airports. Normally, wetlands are attractive to many wildlife species. Airport operators with wetlands located on or nearby airport property should be alert to any wildlife use or habitat changes in these areas that could affect safe aircraft operations. (2) Airport Development. When practicable, the FAA recommends siting new airports using the separations identified in the siting criteria in 1-3. Where alternative sites are not practicable or when expanding existing airports, in or near wetlands, the wildlife hazards should be evaluated and minimized through a wildlife management plan prepared by a wildlife damage management biologist, in consultation with the U.S. Fish and Wildlife Service (USFWS) and the U.S. Army Corps of Engineers (COE). NOTE: If questions exist as to whether or not an area would qualify as a wetland, contact the U.S. Army COE, the Natural .Resource Conservation Service, or a wetland consultant certified to delineate wetlands. b. Wetland mitigation. Mitigation'may be necessary when unavoidable wetland disturbances result from new airport development projects. Wetland mitigation should be designed so it does not create a wildlife hazard. (1) FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations identified in the siting criteria in 1-3. Wetland mitigation banks meeting these siting criteria offer an ecologically sound approach to mitigation in these situations. (2) Exceptions to locating mitigation activities outside the separations identified in the siting criteria in 14 may be considered if the affected wetlands provide unique ecological functions, such as critical habitat for threatened or endangered species or ' ground water recharge. Such mitigation must be compatible with safe airport operations. Enhancing such mitigation areas to attract hazardous wildlife should be avoided. On-site mitigation plans may be reviewed by the FAA to determine compatibility with safe ah-pon operations. O) Wetland mitigation projects that are needed to protect unique wetland functions (see 24.b.(2)), and that must be located in the siting cri- teria in 1-3 should be identified and evaluated by a wildlife damage management biologist before implementing the mitigation. A wildlife damage management plan .should be developed to reduce the wildlife hazards. NOTE: AC 150/5000-3, Address List for _Regional Airports Division and Airports District/Field Offices, provides information on the location of these offices. 2-5. DREDGE SPOIL CONTAINMENT AREAS. FAA recommends against locating dredge spoil containment areas within the separations identified in the siting criteria in 1-3, if the spoil contains material that would attract hazardous wildlife. P. 122 5/1/97 AC 150/5200-33 SECTION 3. LAND USES THAT MAY BE COMPATIBLE WITH SAFE AIIRPORT OPERATIONS. 3-1. GENERAL. Even though they may, under certain circumstances, attract hazardous wildlife, the land use practices discussed in tkis section have flexibility regarding their location or operation and may even be under the airport operator's or sponsor's control. In general, the FAA does not consider the activ/ties discussed below as hazardous to aviation if there is no apparent attrac- tion to hazardous wildlife, or wildlife hazard mitigation techniques are implemented to deal effectively with any wildlife hazard that may arise. 3-2. ENCLOSED WASTE FACILITIES. Enclosed trash transfer stations or enclosed waste handling facilities that receive garbage indoors; process it via compaction, incineration, or similar manner; and remove all residue by enclosed vehicles, generally would be compatible, fi.om a wildlife perspective, .with safe ah-pon operations, provided they are not located on airport property or within the runway protection zone (RPZ). No putrescible-waste, should be handled or stored outside at any time, for any reason, or in a partially enclosed structure accessible to hazardous wildlife. Partially enclosed operations that accept putrescible-waste are considered to be incompatible with safe airport operations. FAA recommends these operations occur outside the separations identified in the siting criteria in 1-3. 3-3. RECYCLING CENTERS. Recycling centers that accept previously sorted, non-food items such as glass, newspaper, cardboard, or alum/nm are, in most cases, not attractive to hazardous wildlife. 3-4. COMPOSTING OPERATIONS ON AIRPORTS. FAA recommends against locating composting operations on airports. However, when they are located on an airport, composting operations should not be located closer than the greater of the following distances: 1,200 feet fi.om any aircraft movement area, loading ramp, or aircraft parking space; or the distance called for by airport design requirements. This spacing is intended to prevent material, personnel, or equipment from penetrating any Obstacle Free Area (OFA), Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway (see AC 150/5300-13, Airport Design). On-airport disposal of compost by-products is not recommended for the reasons stated in 2-3.d. a, Composition of material handled. Components of the compost should never include any municipal solid waste. Non-food waste such as leaves, lawn clippings, branches, and twigs generally are not considered a w/ldlife attractant. Sewage sludge, wood-chips, and similar material are not municipal solid wastes and may be used as compost bulking agents. b. Monitoring on-airport composting op- erations. If composting operations are to be located on airport property, FAA recommends that the airport operator monitor composting operations to ensure that steam or thermal rise does not affect air traffic in any way. Discarded leaf disposal bags or other debris must not be allowed to blow onto any active airport area. Also, the airport operator should reserve the fight to stop any operation that creates unsafe, undesirable, or incompatible conditions at the airport. 3-5. ASH DISPOSAL. Fly ash from resource recovery facilities that are fired by municipal solid waste, coal, or wood, is generally considered not to be a wildlife attractant because it contains no putrescible matter. FAA generally does not consider landfills accepting only fly ash to be wildlife attractants, if those landfills: are maintained in an orderly manner; admit no putres- cible-waste of any kind; and are not co-located with other disposal operations. Since varying degrees of waste consumption are associated with general incineration, FAA classifies the ash fi.om general incinerators as a regular waste disposal by-product and, therefore, a hazardous wildlife attractant. 3-6. CONSTRUCTION AND DEMOLITION (C&D) DEBRIS LANDFILLS. C&D debris (Class IV) landfills have visual and operational characteristics similar to putrescible-waste disposal sites. When co-located with putrescible-waste disposal operations, the probability of hazardous wildlife attraction to C&D landfills increases because of the similarities between these disposal activities. FAA generally does not consider C&.D landfills to be hazardous wildlife attractants, if those landfills: are maintained in an orderly manner; admit no putrescible-waste of any kind; and are not located with other disposal operations. P. 123 AC 15015200-33 5/1/97 3-'7. WATER DETENTION OR RETENTION PONDS. The movement of storm water away from runways, taxiways, and aprons is a normal function on most airports and is necessary for safe aircraft operations. Detention ponds hold storm water for short periods, while retention ponds hold water indefinitely. Both types of ponds control runoff, protect water quality, and can attract hazardous wildlife. Retention ponds are more attractive to hazardous wildlife than detention ponds because they provide a more reliable water source. To facilitate hazardous wildlife control, FAA recommends using steep-sided, narrow, linearly- shaped, rip-rap lined, water detention basins rather than retention basins. When possible, these ponds should be placed away from aircraft movement areas to minimize aircraft-wildlife interactions. All vegetation in or around detention or retention basins that provide food or cover for hazardous wildlife should be eliminated. If soil conditions and other .tequirements allow, FAA encourages the use of underground storm water infiltration systems, such as French drains or buried rock fields, because they are less attractive to wildlife. 3-8. LANDSCAPING. Wildlife attraction to landscaping may vary by geographic location. FAA recommends that airport operators approach landscaping with caution and confine it to airport areas not associated with aircraft movements. All landscaping plans should be reviewed by a wildlife damage management biologist. Landscaped areas should be monitored on a continuing basis for the presence of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be implemented mediately. 3-9. 'GOLF COURSES. Golf courses may be beneficial to airports because they provide open Space that can be used for noise mitigation or by aircraft during an emergency. On-airport golf courses may also be a concurrent use that provides income to the airport. Because of operational and monetary benefits, golf courses are often deemed compatible land uses on or near airports. However, waterfowl (especially Canada geese) and some species of gulls are attracted to the large, grassy areas and open water found on most golf courses. Because waterfowl and gulls occur throughout the U.S., FAA recom- mends that airport operators exercise caution and consult with a wildlife damage management biologist when considering proposals for golf course construction or expansion on or near airports. Golf courses should be monitored on a continuing basis for the presence of hazardous wildlife. If hazardous wildlife is detected, corrective actions should be implemented immediately. 3-10. AGRICULTURAL CROPS. As noted above, airport operators often promote revenue- generating activities to supplement an airport's financial viability. A c6mmon concurrent use is agricultural crop production. Such use may create potential hazards to aimraft by attracting wildlife. Any proposed on-airport agricultural operations should be reviewed by a wildlife damage management biologist. FAA generally does not object to agricultural crop production on airports when: wildlife hazards are not predicted; the guidelines for the airport areas specified in 3-10.a-f. are observed; and the agricultural operation is closely monitored by the airport operator or sponsor to ensure that hazardous wildlife are not at- tracted. NOTE: If w/Idlife becomes a problem due to on- airport agricultural operations, FAA recommends undertaking the remedial actions described in 3-10.f. a. Agricultural activities adjacent to runways. To ensure safe, efficient aircraft operations, FAA recommends that no agricultural activities be conducted in the Runway Safety Area (RSA), OF& and the OFZ (see AC 150/5300-13). b. Agricultural activities in areas requiring minimum object clearances. Restricting agricultural operations to areas outside the KSA, ePA, OFZ, and Runway Visibihty Zone (RVZ) (see AC 150/5300-13) will normally provide the minimum object clearances required by FAA's airport design standards. FAA recommends that farming operations not be permitted within areas critical to the proper operation of localizers, glide slope indicators, or other visual or electronic navigational aids. Determinations of minimal areas that must be kept free of farming operations should be made on a case-by-case basis. If navigational aids are present, farm leases for on-airport agri- cultural activities should be coordinated with FA.A's Airway Facilities Division, in accordance with FAA Order 6750.16, Siting Criteria for ]nstrument Landing Systems. NOTE: Crop restriction lines conforming to the dimensions set forth in Table 2 will normally pro,fide the minimum object clearance required by P. 124 5/1/97 AC 150/5200-33 FAA airport design standards. The presence of navigational aids may require expansion of the rest~cted area. c. Agricultural activities within an airport's approach areas. The RSA, OFA, and 0FZ all extend beyond the runway shoulder and into the approach area by varying distances. The 0FA normally extends the farthest and is usually the controlling surface. However, for some runways, the TSS (see AC 150/5300-13, Appendix 2) may be more controlling than the OFA. The TSS may not be penetrated by any object. The minimum distances shown in Table 2 are intended to prevent penetration of the OFA, OFZ, or TSS by crops or farm machinery. NOTE: Threshold Siting standards should not be confused with the approach areas described in Title 14, Code of Federal Regulations, Part 77, (14 CFR 77), Objects Affecting Navigable Airspace. d. Agricultural activities between intersecting runways. FAA recommends that no agricultural activities be permitted within the RVZ. If the terrain is sufficiently below the runway elevation, some types of crops and equipment may be acceptable. Specific determinations of what is permissible in this area requires topographical data. For example~ if the terrain within the RVZ is level with the runway ends, farm machinery or crops may interfere with a pilot's line-of-sight in the RVZ. e. Agricultural activities in areas adjacent to taxiways and aprons. Farming activities should not be permitted within a taxiway's OFA. The outer portions of aprons are frequently used as a taxilane and farming operations should not be permitted within the OFA. Farming operations should not be permitted between runways and parallel taxiways. f. Remedial actions for problematic agricultural activities. If a problem with hazardous wildlife develops, FAA recommends that a professional wildlife damage management biologist be contacted and an on-site inspection be conducted. The biologist should be requested to determine the source of the hazardous wildlife attraction and suggest remedial action. Regardless of the source of the attraction, prompt remedial actions to protect aviation safety are recommended. The remedial actions may range from choosing another crop or farming technique to complete termination of the agricultural operation. Whenever on-airport agricultural operations are stopped due to wildlife hazards or annual harvest, FAA recommends plowing under all crop residue and harrowing the surface area smooth. This will reduce or eliminate the area's attractiveness to foraging wildlife. FAA recommends that this requirement be written into all on-airport farm use contracts and clearly understood by the lessee. P. 125 7 Table 2. Minimum Distances Between Certain Airport Features And Any On-Airport Agriculture Crops. Aircrat~ Approach Distance In Feet From Runway Centerline To Distance In Feet From Runway Distance In Feet From Distance In Feet Category And Crop End To Crop Centerline Of Taxiway From Edge Of Design Group ' To Crop Apron To Crop Visual & [ Visual & > % mile < ~A mile > % mile - < ~A mile Category A & B Aircraft ... Group I 200: 400 300~ 600 45 40 Group 11 250 400 400~ 600 66 58 Group III 400 400 600 800 93 8 i Group IV 400 400 1,000 1,000 130 113 Category C, D & E Aircral't Group I 530~ 575~ 1,000 1,000 ~ 45 40 Group II 530~ 575~ 1,000 !,000 66 58 Group Ill 530~ 575~ 1,000 1,000 93 8 Group IV 5303 575~ 1,000 1,000 130 ' 113 Group V 530~ 575J i,000 1,000 ! 60 138 Group VI 530~ 575~ 1,000 1,000 193 167 1. Design Groups are based on wing span, and Category depends on approach speed of the aircraR. Group I: Wing span up to 49 R. Category A: Speed less than 91 knots Group Il: Wing span 49ft. up to 78 R. Category B: Speed 91 knots up to 120 knots Group III: Wing span 79 ft. up to 117 ft. Category C: Speed 121 knots up to 140 knots Group IV: Wing span il8 fl. upto 170 fl. Category D: Speed 141 knots up to 165 knots Group V: Wing span 171 R. up to 213 ft. Category E: Speed 166 knots or more Group VI: Wing span 214 ft. up to 261 ft. 2. If the runway will only serve small airplanes (12,500 lb. And under) in Design Group I, this dimension may be reduced to 125 feet; however, this dimension should be increased where necessary to accommodate visual navigational aids that may be installed. For example farming operations should not be allowed within 25 feet of a Precision Approach Path Indicator (PAPI) light box. 3. These dimensions reflect the TSS as defined in AC 150/5300-13, Appeudix 2. The TSS cannot be penetrated by any object. Under these conditions, the TSS . is more restrictive than the OFA, and the dimensions shown here are to prevent penetration of the TSS by crops and farm machinery. 5/1/97 AC 150/5200-33 SECTION 4. NOTIFICATION OF FAA A_BOUT HAZARDOUS WILDLI~'E ATTRACTANTS ON OR NEAR AN AII~ORT, 4-1. GENERAL. Airport operators, land developers, and owners should notify the FAA'in writing of known or reasonably foreseeable land use practices on or near airports that either attract or may attract hazardous wildlife. This section discusses those notification procedures. 4-2. NOTIFICATION REQUIREMENTS FOR WASTE DISPOSAL SITE OPERATIONS. The Environmental Protection Agency (EPA) requires any operator proposing a new or expanded waste disposal operation within 5 statute miles of a runway end to notify the appropriate FAA Regional Airports Division Office and the airport operator of the proposal (40 CFR 258, Criteria for Municipal Solid Waste Landfills, section 258.10, Airport Safety). The EPA also requires owners or operators of new municipal solid waste landfill (MSW-LF) units, or lateral expansions of existing MSWLF units that are located within 10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet 'of any airport runway end used only by piston-type aircraft, to demonstrate successfully that such units are not hazards to aircraft. a. Timing of Notification. When new or expanded MSWLFs are being proposed near airports, MSW-LF operators should notify the airport operator and the FAA of this as early as possible pursuant to 40 CFR Part 258. Airport operators should encourage the MSWLF operators to provide notification as early as possible. does not attract hazardous wildlife and does not threaten aviation, the developer must estabhsh convincingly that the facility will not handle putrescible material other than that as outlined in 3-2. FAA 'requests that waste site developers provide a copy of an official permit request verifying that .the facility will not handle putrescible material other than that as outlined in 3-2. FAA will use this information to determine if the facility will be a hazard to aviation. 4-3. NOTIFYING FAA ABOUT OTltER WILDLIFE ATTRACTANTS. While U. S. EPA regulations require landfill owners to provide notification, no similar regulations require notifying FAA about changes in other land use practices that can create hazardous wildlife attractants. Although it is not required by regulation, FAA requests those proposing land use changes such as those discussed in 2-3, 2-4, and 2-5 to provide similar notice to the FAg_ as early in the development process as possible. Airport operators that become .aware of such proposed development in the vicinity of their airports should also notify the FAA. The notification process gives the FAA an opportunity to evaluate the effect of a particular land use change on aviation safety. The land use operator or project proponent may use FAA Form 7460-1, Notice of Proposed Con- st'ruction or Alteration, or other suitable documents to notify the appropriate FAA Regional Airports Division Office. NOTE: AC 150/5000-3 provides information on these FAA offices. b. Putrescible-Waste Facilities. In their effort to satisfy the EPA requirement, some putrescible-waste facility proponents may offer to undertake experimental measures to demonstrate that their proposed facility will not be a hazard to aircraft. To date, the ability to sustain a reduction in the numbers of hazardous wildlife to levels that ex- isted before a putreseible-waste landfill began operating has not been successfully demonstrated. For this reason, demonstrations of experimental wildlife control measures should not be conducted in active aircraft operations areas. c. Other Waste Facilities. To claim suc- ceasfully that a waste handling facility sited within the separations identified in the siting criteria in t-3 It is helpful if the notification includes a 15-minute quadrangle map of the area identifying the location of the proposed activity. The land use operator or project proponent should also forward specific details of the proposed land use change or operational change or expansion. In the case of solid waste landfills, the information should include the type of waste to be handled, how the waste will be processed, and final disposal methods. 4-5. FAA REVIEW OF PROPOSED LAND USE CI-IANGES. a. The FAA discourages the development of facilities discussed in section 2 that will be located within the 5,000/10,000-foot criteria in 1-3. P. 127 AC 150/5200-33 5/1/97 b. For projects which are located outside the 5,000/10,000-foot criteria, but within 5 statute miles of the airport's aircraft movement areas, loading ramps, or aircraft parking areas, FAA may review development plans, proposed land use changes, operational changes, or wetland mitigation plans to determine if such changes present potential wildlife hazards to aircraft operations. Sensitive airport areas will be identified as those that lie under or next to approach or departure airspace. This brief examination should be sufficient to determine if further investigation is warranted. c. Where further study has been conducted by a wildlife damage management biologist to eval- uate a site's compatibility with airport operations, the FAA will use the study results to make its determination. d. FAA will discourage the development of any excepted sites (see Section 3) within the criteria specified in 1-3 if a study shows that the area supports hazardous w/ldlife..species. 4-6. AIRPORT OPERATORS. Airport operators should be aware.' of proposed land use changes, or modification of existing land uses, that could create hazardous wildlife attractants within the separations identified in the siting criteria in I-3. Particular attention should be given to proposed land uses involving creation or expansion of waste water treatment facilities, development of wetland mitigation sites, or development or expansion of dredge spoil containment areas. a. AlP-funded airports. FAA recommends that operators of AIP-funded airports, to the extent practicable, oppose off-airport land use changes or practices (within the separations identified in the siting criteria in 1-3) that may attract, hazardous wildlife. Failure to do so could place the airport operator or sponsor in noncompliance with applicable grant assurances. FAA recommends against the placement of airport development projects pertaining to aircraft movement in the vicinity of hazardous wildlife attractants. Airport operators, sponsors, and planners should identify wildlife attractants and any associated wildlife hazards during any planning process for new airport development projects. b. Additional coordination, lf, after the initial review by FAA, questions remain about the existence of a wildlife hazard near an airport, the airport operator or sponsor should consult a wildlife damage management biologist. Such questions may be triggered by a history of wildlife strikes at the airport or the proximity of the airport to a wildlife refuge, body of water, or similar feature known to attract wildlife. c. Specialized assistance. If the services of a wildlife damage management biologist are required, FAA recommends that land use developers or the airport operator contact the appropriate state director of the United States Department of Agriculture/Animal Damage Control (USDA/ADC), or a consultant specializing in wildlife damage management. Telephone numbers for the respective USDA/ADC state offices may be obtained by contacting USDA/ADC's Operational Support Staff, 4700 River Road, Unit 87, Riverdale, IvlD, 20737-1234, Telephone (301)734-7921, Fax (301) 734-5157. The ADC biologist or consultant should be requested to identify and quantify wildlife common to the area and evaluate the potential wildlife hazards. d. Notifying airmen. If an existing land use practice creates a wildlife hazard, and the land use practice or wildlife hazard cannot be immedi- ately eliminated, the airport operator should issue a Notice to Airmen (NOTAM) and encourage the land owner or manager to take steps to control the wildlife hazard and minimize further attraction. 10 P. 128 5/1/97 AC 150/5200-33 Appendix 1 APPENDIX 1. DEFINITIONS OF TER1VIS USED IN TlZlIS ADVISORY CIRCULAR.. 1. GENERAL, This appendix provides definitions of terms used throughout this AC. a. Aircraft movement area. The runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aimraft exclusive of loading ramps and aircraft parking areas. b. Airport operator. The operator (private or public) or sponsor of a public use airport. c. Approach or departure airspace. The airspace, within 5 statute miles of an airport, through which aircraft move during landing or takeoff. d. Concurrent use. Aeronautical property used for compatible non-aviation purposes while at the same time serVing the primary purpose for which it was acquired; and the use 'is clearly bene- ficial to the airport. The concurrent use should generate revenue 'to be used for airport purposes (see Order 5190.6A, Airport Compliance Requirements, sect. 5h). e. Fly ash. The fine, smd-like residue resulting from the complete incineration of an organ/c fuel source. Fly ash typically results from the combustion of coal or waste used to operate a power generating plant. j. Putrescible-waste disposal operation. Land_fills, garbage dumps, underwater waste discharges, or similar facilities where activities include processing, burying, storing, or otherw/se disposing ofputrescible material, trash, and refuse. k. Runway protection zone (RPZ). An area off the runway end to enhance the protection of people and property on the ground (see AC 150/5300-13). The dimensions of this zone vary with the design aircraft, type of operation, and visibility minimum. I. Sewage sludge. The de-watered effluent resulting from secondary or tertiary treatment of municipal sewage and/or industrial wastes, including sewage sludge as referenced in U.S. EPA's Effluent Guidelines and Standards, 40 C.F.R. Part 401. m. Shoulder. An area adjacent to the edge of paved runways, taxiways, or aprons providing a transition between the pavement and the adjacent surface, support for aircraft running off the pavement, enhanced drainage, and blast protection (see AC 150/5300-13). u. Turbine-powered aircraft. Aircraft powered by turbine engines including turbojets a~d turboprops but excluding turbo-shaft rotary-wing aircraft. f. Elazardous wildlife. Wildlife species that are commonly associated with wildlife-aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a wildlife-aircraft strike hazard. g. Piston-use airport. Any airport that would primarily serve FIXED-WING, piston- powered aircraft. Incidental use of the airport by turbine-powered, FIX]ED-WING aircraft would not affect this designation. However, such aircraft should not be based at the airport. h. Public-use airport. Any publicly owned airport or a privately-owned airport used or intended to be used for public purposes. i. putrescible material. Rotting organic material. o. Turbine-use airport, Any airport that ROUTINELY serves FIXED-WING turbine- powered aircraft. p. Wastewater treatment facility. Any devices anclJor systems used to store, treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including Publicly Owned Treatment Works (POTW), as defined by Section 212 of the Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean Water Act of 1977 (P.L. 95-576) and the Water Quality Act of 1987 (P.L. 100-4). This definition includes any pretreatment involving the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. (See 40 C.F.R. Section 403.3 (o), (p), & (q)). P. 129 AC 150/5200-33 Appendix 1 q. Wildlife. Any wild arfimal, including without limitation any wild mammal, bird, reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, including any part, product, egg, or offspring there of (50 CFR 10.12, Tal~ng, Possession, Transportation, Sale, J~urchase, Barter, Ex~portation, and fmportation of Wildlife and Plants). As used in this AC, WILDLIFE includes feral animals and domestic animals while out of the control of their owners (14 CFR 139.3, Certification and Operations: Land Airports Serving CAB-Certificated Scheduled Air Carriers Operating Large Aircraft (Other Than )]elicopters)). 5/1/97 r. Wildlife attractants. Any human-made structure, land use practice, or human-made or natural geographic feature, that can attract or sustain hazardous wildlife within the landing or departure airspace, aircraft movement area, loading ramps, or aircraft parking areas of an airport. These attractants can include but are not limited to architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquacultural activities, surface mining, or wetlands. s. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or near an airport (14 CFR 139.3). 2. RESERVED. P. 130 STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRAN ~PORTATION P. O. BOX 23660 0~, CA 94623-0660 (510) 286-4444 (510) 286-4454 TDD GRAY DAVIS, Governor · ~ ~ ,. Flex your power/ ...... -' Be energy efficient/ August 20, 2002 Ms. Barbara Hawkins City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 SM-General SM000018 SCH#2002072064 Dear Ms. Hawkins: SOUTH SAN FRANCISCO SEWER UPGRADE PROJECT - INITIAL STUDY/MITIGATE9 NEGATIVE DECLARATION Thank you for including the California Department of Transportation (Department) in the environmental review process for the above-referenced project. We have reviewed the Initial Study/Mitigated Negative Declaration, and offer the following comments: The Department is working with the San Mateo County Transportation Authority on a long-range plan to upgrade U.S. I01, which involves various auxiliary lane-widening projects. Due to potential conflict between the proposed project and the U.S. 101 auxiliary lane-widening projects, we recommend that the City of South San Francisco coordinate with the Deparanent on project.activities, particularly on sites 3 and 4 where State right-of-way (ROW) is involved. Any work or traffic control measures proposed within the State ROW will require an encroachment permit. To apply, a completed encroachment permit application, environmental documentation, and five (5) sets of plans, clearly indicating State ROW, need to be submitted to the following address: Scan Nozzari, District Office Chief Office of Permits California DOT, District 4 P.O. Box 23660 Oakland, CA 94623-0660 Should you require further information or have any questions regarding this letter, please call Rick Kuo, of my staff at (510) 286-5988. Sincerely, JEA~ C. R. FINNEY District Branch Chief IGR/CEQA c: Katie Shulte Joung (State Clearinghouse) "Galtrans improves mohilitv across California" P. 131 Winston It. EiCkox Secretory for Em,ironmental Protection State Vater Resources Cont Board Division of Clean Water Programs 100] ] Str~, 16t~ Floor Sacramento, Califorrfia 95E14 P.O. Box 944212, Saerarneata, Califomi~ 94244-2120 (916)34]-5686 * '~,~ (916) 341-5707 * www.swrcb.ea.gov Tize energy challenge facin£ California is real. E~,ery. Califomiatz need~ ~o take immediate action to reduce energy com'umpzion. For a Ji~t of simple way? you ocm reduce demand and cut your energ? coat, t see our nebsite ar www.~n'cb.ca, gov. ~ray Davis ~overl~or Mr. Ramesh Bhagat City of South San Francisco City Hail'Annex 315 Maple Avenue South San Francisco, CA 94080 ..... ,¢'ATE CLEARING OUS.E? DRAFT INITIAL STUDY/h/ffI2GATED NEGATIVE DECLARATION (IS/MR~) FOR THE CiTY OF SOUTH SAN FRANCISCO (CITY) - SEW'ER IIVIPROVEM]ElxW PROGRAM - STATE REVOLVING ~ LO_AN NO. C-06-4728-! 10 Thank you for the opportunity to review the above document. We understand that the City,is pursuing a State Revolving Fund (SRF) loan from the State W'at~r Resources Control Board (SWRCB), Division of Clean Water Programs (Division) for the above project. The City will be the'lead agency forthe.proposed project and'the SWRCB wilt b~ 'a responsible agency under the Califorrfia Environmental Quality Act (CEQA). As a funding agency, the SWRCB must consider information in the environmental document when approving funding for the proposed project. If you have any questions regarding the environmental review process, please contact 3'im Hockenberry at (916) 341-5686. The following are the Division's comments regarding the environmental document and SRF loan requizements. SPY Loan Reouirements: 1, Since funding is'being requested, please circUlate 15 copies of the draft 1VflxTD through the State Clearinghouse, when available. In addition, provide us with a coPY of: (1~ the approved M2q'D, (2) .the resolution.approving the project, adopting the M2qD and malting CEQA findings, (3) all comments received during the review period and your responses to those comments, (4) the adopted Mitigation Monitoring Plan (if applicable), and (5) the Notice of.Determination filed with the Governor's Office of Planning and Research. In addition, we would appreciate notice of .any scheduled hearings or meetings regarding the environmental document and project approval. : .. 2.' SRF loans are partially funded by the Environmental.prOtection'Agency, and require additional !'CEQA-Plus".environmtntal documentation and revieW, The Division is required to 'consult directly with agencies responsible for implementing, federal environmental laws and.regulations. Please send the Division eight copies of the 1VI2q'D, CaI~fornia Environme-*-~ ~.otection Agency P. 13 ex3 Reeyoled Paper Mr. lq. amcsh Bhagat -2- AUG - · which will bc distributed to pertinent federal agencies for review, when available. Federal agencies are provided 30 calendar days to review and comment on the document plus six days mailing time..We will send you copies of any comments we receive during the review period and request your responses. 3, SRF loan applicants must comply with federa.I- laws pertaining to cultural resom'ces, particularly Section 106 of the National Historic. Preservation Act. A copy of your document has been pro¥ided to the Division's Cultural Resources Officer, Ms. C0olde Him. She will consult with the State Historic Preservation Officer (SI--IPO) on your behalf at several points in th-,. procesS. She will first work with the City and thc SHPO to establish the .p~ject's Area of Potential .Effects (APE). After the APE is. established, please provide documentation of the following: (1) background research for cultural resources--including a records search with the California Historical Resources Information System for an area one-half mile around the APB, and (2) consultation with the Native American Heritage Commission, interested Native Americans, local historical societies, and any other interested parties. Additional submittals, including a field survey by a qualified arch¢olo~st and, if appropriate, a historical specialist, may be required to 'document resource sig-nificance and/or project effects. When adequate information has been submitted, she will review it for Section 106 compliance and will forward approved documents to the SI--IPO. Early contact with Ms. Him at (916) 341-5690, with any questions you may have regarding the Section 106 process, is critical. 4. SRF projects arc also subject to provisions of the Federal Endangered Species Act (BSA) and must obtain Section ? clearance from the U.S. Fish and Wildlife Service (FWS). Accordingly, a copy of your 1VEflD will beforwarded, to the FWS for their review, when .available. According to the MND, evidence doss not exist for'thepresence of any special status plant or animal'spscies in the areas of project disturbance. In addition, if your proj¢¢t'conflicts with the provisions of an adopted Habitat Conservation Plan. under Section l0 of the BSA, the FWS and/or the National Marine Fisheries Service should'be ccmtasted by the City for any additional requirements. Andy issues raised by federal agencies wilt:need.to be'resolved before SRF. funding card b¢ approved. As of January 31, 1994, StLF loan projects located in non-attainment areas may be required to meet the Federal General Conformity Rule for the Federal Clean Air Act. Where a federal agency has delegated specific responsibilities to a state or local agency, the action is consi, dered federal, and the state or local agency must make a conformity deterroJnation on' the federal agency' s behalf. According to th'e. MND, the proposed project will not have a siguificant impact upon air quality. Quantification of expected ennssions provided in the M2q'D indicate that the proposed project does not exceed thresholds of significance established.for the Bay Area Air Quality Management District. A generaJ conformity detezrnination will be made by the Division following the review period: california Environme~p. 13 3'otection Agency Recyaled Paper Mr. P,.amesh Bhagat - 3 - AUG - 9. 7!¢! If you have further questions regarding the environmental review of this project, p]¢ase contact me at (916) 341-5686. Sincerely, ¢ James Hockenberry Environmen~ Ser¢ices Unit Enclosure CC; Governor's Office of Planning & Research State Clearinghouse P.O. Box 3044 Sacramento, CA 95812-3044 Mr. Rich Condit San Francisco Regional Water Quality Control Board 2101 Webster Street, Suite 500. Oakland, CA 94612 California Environmerp. i 3 4otection Agency . ~n~ Recycled Paper Response to Comments Response to Letter from Edward A. Wylie, Chief, South Section, Department of the Army, San Francisco District, Corps of Engineers. Comment: A 404 permit may be required for portions of the project with Corps jurisdiction. Response: Comment noted. No action required at this point in the project, but the City will need to contact the Corps of Engineers at the time construction is proposed near wetlands or other waters of the United States. The Initial Study references the potential need for a 404 permit on page 12. Response to Letter from David F. Carbone, ALUC Staff, City/County Associations of Governments of San Mateo County, C/CAG Airport Land Use Committee. Comment: The proposed wet weather storage pond is a potential location for a concentration of birds. Such a facility can be potential safety hazard in flight, due to birds in flight path. The proposed pond liner appears to be a better mitigation option, than cattail or bulrush habitat to address this site. Response: The 1999 South San Francisco General Plan identifies the site as an existing wetland that is a sensitive biological resource. Policies 7.1-1-2, 7.1-I-3, 7.1-1-4 and 7.1-1-5 require that the City protect this d/verse and unique habitat. The pond area is adjacent to the San Francisco Bay and already an established wetland with emergent vegetation and is home to several bird species. The proposed pond is intended to comply with current General Plan policies, to maintain the existing condition and is not expected to result in an increase the population of birds of any significance. Response to Letter from Dale R. Blount, Environmental Planner, Planning and Environmental Affairs, San Francisco International Airport. Comment: San Francisco International Airport supports the pond liner because the liner would be less of a bird attractant than cattail and/or bulrush habitat. The establishment of wetland emergent vegetation does not appear to be consistent with the Federal Aviation Administration (FAA) Advisory Circular 150/5200-33. Subject Hazardous Wildlife Attractions On or Near Airports dated 5/1/97. Response: The 1999 South San Francisco General Plan identifies the site as an existing wetland that is a sensitive biological resource. Policies 7.1-I-2, 7.1-I-3, 7.1-1-4 and 7.1-1-5 require that the City protect this diverse and unique habkat. The pond area is adjacent to the San Francisco Bay and already an established wetland with emergent vegetation and is home to several bird species. The proposed pond is intended to comply with current General Plan policies, to maintain the existing condition and is not expected to result in an increase the population of birds of any significance. In/rial Study/Mitigated Negative Declaration, Response to Comments South San Francisco Sewer Improvement Program, Oq~. 1 3 6002 Response to Letter from Joseph IL Rodriguez, Supervisor, Environmental Planning and Compliance Section, US Department of Transportation, Federal Aviation Administration Comment: The City of South San Francisco is a grant recipient of federal noise insulation project funding. As a grantee the City is obliged to take necessary measures to assure land use compatibility for the continued safe and efficient operation of aircraft at SFO. Response: The 1999 South San Francisco General Plan identifies the site as an existing wetland that is a sensitive biological resource. Policies 7.1-1-2, 7.1-1-3, 7.1-1-4 and 7.1-1-5 require that the City protect ti'tis diverse and unique habitat. The Airport and the ALUC reviewed the General Plan in 1999, prior to adoption and did not object to the existing wetland conditions adjacent to the San Francisco Bay. The pond area is adjacent to the San Francisco Bay and akeady an established wetland with emergent vegetation and is home to several bird species. The proposed pond is intended to comply with current General Plan policies, to maintain the existing condition and is not expected to result in an increase the population of birds of any significance. Response to Letter from Jean Finney, District Branch Chief, State of California Department of Transportation, District. Comment 1: Caltrans recommends that South San Francisco coordinate with Caltrans regarding upgrading of US 101 freeway where work within the State ROW is required. Response 1: Comment noted. Comment 2: Work within the ROW will require an encroachment permit. Response 2: This is noted onpage 12 of the In/rial Study. No additional response is necessary. Response to Letter from James Hockenberry, Environmental Services Unit, State Water Resources Control Board, Division of Clean Water Programs. Comment 1: Circulate 15 copies of the M/figated Negative Declaration through the State Clearinghouse, a resolution approving the project and making CEQA finding. Comment letters, a Mitigation Monitoring Plan and Notice of Determination. Response 1: Comment noted. Fifteen copies have been circulated to the State Clearinghouse, a resolution approving the project, an approved M3IRP and NOD will be sent to the Water Resources Control Board after the project has been approved and the resolutions adopted by the City Council. Comment 2: Please send SWRCB additional copies of the document. Initial Study/Mitigated Negative Declaration, Response to Comments South San Francisco Sewer Improvement Program, Cp. 1 3 72002 Response 2: Comment noted. Requested copies have been sent to SWRCB. Comment 3: SRF loan applicants must comply with federal laws regarding cultural resources, particularly Section 106. Response 3: Information complying with Section 106 are stated in the Initial Study and a program has been established so that all future applicable project components will have Section 106 reviews complete3d prior to individual loan requests. Comment 4: SKF projects are subject to Federal Endangered Species Act and a copy of the document has been forwarded to the Fish and Wildlife Service for review. Response 4: Comment acknowledged. No additional analysis is required at this time. Comment 5: SKF loan applications located in air quality non-attainment areas may be required to comply with the Federal Clean Air Act. Based on information contained in the Initial Study, the proposed project does not appear to exceed Federal standards. Response 5: Comment acknowledged. No additional analysis is required at this time. Initial Study/Mitigated Negative Declaration, Response to Comments South San Francisco Sewer Irrrproveme~t Program, O/>~ 3 B002 Revisions to Mitigation Measures Mifi¢ation Measure 2: Prior to commencement of the Colma Creek bank stabilization portion of the project, a qualified biologist may prepare a Construction Management Plan to ensure that any impacts to wetlands and special-status plant and animal species are minimized to the fullest extent possible. The Plan shall include fencing of sensitive areas not pan of the project, limitations on work below the spring high tide elevation, and use of erosion control techniques to minimize erosion into the Creek. b) Prior to commencement of any tunneling under Colma Creek, a preconstruction survey shall be completed by a qualified biologist to ensure no sensitive plant or animal species or habitats will be disturbed by runnel construction activities. If deemed necessary by the biologist, a Construction Management Plan shall be prepared for this portion of the project that shall include, but not be limited to, placement of construction fencing, restrictions on times of construction, restrictions on placement of trench spoils, restrictions on construction staging areas and similar features that would ensure any biological resources impacts would be less-than-significant. Necessary perm/ts shall also be obtained from appropriate regulatory agencies. Mitigation Measure 3: The proposed wet weather pond,.is located in an area identified in the General Plan for Sensitive Biological Resources. Consistent with General Plan policies, the proposed wet weather pond should be designed to allow for the establishment of emergent native vegetation, such as cattail and bulrush around the perimeter. Ideally, the northerly and easterly side slopes should not exceed 3:1, to allow for the establishment of a wider band of emergent vegetation. Any planting or removal of native vegetation in the proposed wet weather pond shall be scheduled during the non-nesting season (after August 31 and before October 15) to avoid potential disturbance to nesting birds. P. 140 Mitigated Negative Declaration South San Francisco Sewer Improvement Program Mitigation Monitoring and Reporting Program October 2002 Mitigation Measure Air Quality: Mitigation Measure 1 The project contractor shall adhere to appropriate methods recommended by the Bay Area Air Quality Management District to minimize air borne pollution, including but not limited to frequent watering of open trenches, covering of excavated dirt and related actions. Dust control measures shall be included on contractor project specifications. Implementing[ Monitoring Monitoring I Responsibility Responsibility Schedule Project Contractor South San Francisco Public Works Department During project construction Biological Resources: Mitigation Measure 2 a) Prior to commencement of the Colma South San Creek bank stabilization portion of the project, a qualified biologist shall prepare a Construction Management Plan to ensure that any impacts to wetlands and special- status plant and animal species are minimized to the fullest extent possible. The Plan shall include fencing of sensitive areas not part of the project, limitations on work below the spring high tide elevation, Francisco Public Works Department South San Francisco Public Works Department Prior to construction adjacent to Colma Creek Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Verification Page 1 Mitigation Measure and use of erosion control techniques to minimize erosion into the Creek. hnplementing Responsibility Monitoring Responsibility b) Prior to commencement of any tunneling under Colma Creek, a preconstruction survey shall be completed by a qualified biologist to ensure no sensitive plant or animal species or habitats will be disturbed by tunnel construction activities. If deemed necessary by the biologist, a Construction Management Plan shall be prepared for this portion of the project that shall include, but not be limited to, placement of construction fencing, restrictions on times of construction, restrictions on placement of trench spoils, restrictions on construction staging areas and similar features that would ensure any biological resources impacts would be less- than-significant. South San Francisco Public Works Department South San Francisco Public Works Department Necessary permits shall also be obtained from appropriate regulatory agencies. Biological Resources: Mitigation Measure 3 The proposed wet weather pond is located South San in an area identified in the General Plan for Francisco Public Sensitive Biological Resources. Consistent Works Department with General Plan policies, the proposed Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 South San Francisco Public Works Department Monitoring Schedule Prior to construction adjacent to Colma Creek Prior to construction of the wet weather holding pond Verification Page 2 Mitigation Measure wet weather pond should be designed to allow for the establishment of emergent native vegetation, such as cattail and bulrush around the perimeter. Ideally, the northerly and easterly side slopes should not exceed 3:1, to allow for the establishment of a wider band of emergent vegetation. Any planting or removal of native vegetation in the proposed wet weather pond shall be scheduled during the non-nesting season (after August 31 and before October 15) to avoid potential disturbance to nesting birds. Cultural Resources: Mitigation Measure 4 An Archeological Resource Program shall be prepared by a qualified archeologist prior to start of any construction which shall include: a) Provision for submittal of Section 106- level analysis for each project component as they are designed and submitted to the State Water Resources Control Board for State Revolving Loan funding. b) Language added on individual project improvement plans and specifications to the effect that if archeological materials or artifacts are identified, work on that portion of the project shall cease until a resource protection plan conforming to CEQA Implementing Responsibility Mo~fitoring Responsibility South San Francisco Public Works Department South San Francisco Public Works Department Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Monitoring Schedule Prior to commencement of construction Verification Page 3 Mitigation Measure Section 15064.5 is prepared by a qualified archeologist and/or paleontologist and approved by the San Francisco Public Works Director or an authorized representative. Project work may be resumed in compliance with such plan. If human remains are encountered, the County Coroner shall be contacted immediately and the provisions of State law canJed out. Geology and Soils: Mitigation Measure 5 Contractor specifications for this project shall require the preparation and implementation of an erosion control plan for all portions of the project that would involve trenching, excavation or stockpiling of dirt. The plan shall be prepm'ed by a registered civil engineer and be consistent with applicable Regional Water Quality Control Board guidelines and standards. hnplementing Responsibility Project contractor Hazards and Hazardous Materials: Mitigation Measure 6 Prior to commencement of each phase of South San construction, the City shall complete a Francisco Public hazardous materials characterization study Works Department for all underground portion of the project, employing a protocal approved by appropriate regulatory agencies with jurisdiction, ff hazardous materials are Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Monitoring Responsibility South San Francisco Public Works Department South San Francisco Public Works Department Monitoring Schedule Prior to commencement of grading Prior to commencement of construction Verification Page 4 Mitigation Measure Implementing Responsibility Francisco Public Works Department Francisco Public Works Department encountered, either in the soil or groundwater, a soil and/or groundwater remediation plan shall be prepared and implemented indicating methods of removal and disposal of the material, including methods to minimize release of hazardous materials into the atmosphere. The Plan shall include a worker safety program. Hazards and Hazardous Materials: Mitigation Measure 7 An asbestos survey of pump station South San structures shall be preformed consistent with National Emission Standards for Hazardous Air Pollution guidelines. If warranted, a remediation plan to remove asbestos shall be prepared and implemented. A lead-based paint survey shall be conducted and, if lead-based paint is encountered, the requirements as outlined in Cai OSHA Lead in Construction Standard, Title 8, CCR Section 1532.1 shall be followed by the City. Land Use and Plalming: Mitigation Measure 8 The City shall undertake an advance South San notification program to property owners and residents that could be affected by the proposed construction program indicating, at minimum, a description of proposed Monitoring Responsibility South San Francisco Public Works Department South San Francisco Public Works Department Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Page 5 Monitoring Schedule Prior to commencement of construction on all pump stations Prior to commencement of construction Verification Mitigation Measure work, hours of operation, construction phasing and an individual to be notified in the event of emergencies. Noise: Mitigation Measure 9 For the Winston Manor project component, construction activities shall be limited to the hours of 7:30 am to 6 pm, Monday- Saturday. No construction shall occur on Sunday on local, State or federal holidays. Exceptions may be granted on an emergency basis by the South San Francisco City Engineer. Construction activities shall be deemed to include vehicle warm-up and maintenance and delivery of construction materials. These limitations shall be included in all construction plans and specifications for the project. Implementing Responsibility Project contractor Transportation/Traffic: Mitigation Measure 10 A Traffic Construction Management Plan South San shall be prepared prior to commencement Francisco Public of construction, identifying specific Works Department methods to be undertaken to ensure that peak hour traffic can flow freely and that access to abutting properties is maintained for emergency vehicles. This shall include vehicular, pedestrian and bicycle modes of transportation. The Management Plan shall be reviewed and approved by the South Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Monitoring Responsibility South San Francisco Public Works Department South San Francisco Public Works Department Page 6 Monitoring Schedule During construction of Winston Manor portion of project Prior to commencement of construction Verification Mitigation Measure San Francisco Police and Fire Departments. Implementing Responsibility Monitoring Responsibility Monitoring Schedule Verification Mitigated Negative Declaration, South San Francisco Sewer Improvement Program, Mitigation Monitoring and Reporting Program, October 2002 Page 7 RESOLUTION NO. CITY COUNCIL CITY OF SOUTH SAN FRANCISCO A RESOLUTION ADOPTING THE CITY OF SOUTH SAN FRANCSCIO EAST OF HIGHWAY 101 SEWER FACILITIES MASTER PLAN, EAST OF 101 SEWER FACILITY DEVELOPMENT ]MPA:CT FEE STUDY AND ESTABLISHING A SEWER FACILITY DEVELOPMENT IMPACT FEE FOR FUTURE DEVELOPMENT WITHIN THE EAST OF 101 AREA RECITALS WHEREAS, on October 13, 1999, the City Council of the City of South San Francisco adopted the South San Francisco General Plan ("General Plan"); and WHEREAS, the General Plan, as adopted and amended, applies to the East of 101 Area, which is a Planning Area that includes the land within the jurisdictional limits of the City; and WHEREAS, the City's adopted General Plan and East of 101 Area Plan include policies addressing the need to expand the City's wastewater system to meet future growth (see General Plan Policies 5.3-G-4 and 5.3-I-4 and East of 101 Area Plan Policy PF-3); and requiring that new development pay its fair share toward upgrades to existing sewer facilities or construction of new sewer facilities as those upgrades and facilities are necessitated by new development in the East of 101 Area (see General Plan Policies 5.3-G-5 and 5.3-1-5); and WHEREAS, the City of South San Francisco has retained Carollo Engineers to prepare an East of Highway 101 Sewer System Master Plan to assist the City in reviewing the needs of residents and businesses through build-out under the adopted General Plan; and WHEREAS, the East of Highway 101 Sewer System Master Plan identifies sewer infrastructure improvements that are necessary in order to allow future development to occur in the East of 101 area; and WHEREAS, the City retained Bartle Wells to prepare an East of 101 Sewer Facility Development Impact Fee Study to determine the level of fees necessary to generate funds to pay for the sewer infrastructure facilities necessitated through build-out under the adopted General Plan, as amended; and WHEREAS, Bartle Wells has prepared and presented to the City Council an East of 101 Sewer Facility Development Impact Fee Study ("Sewer Facility Fee Study") which the Council adopted at its ,2002 meeting by , which is attached as Exkibit A; and WHEREAS, the Sewer Facility Fee Study estimates the cost of sewer infrastructure improvements that are necessary to accommodate future development within the East of 101 Area; and WHEREAS, the Sewer Facility Fee Study demonstrates the appropriateness of adopting the sewer facility impact fee mounts included in this resolution based on current estimates of the need for, and cost of, sewer infrastructure improvements needed to accommodate new development, including: (1) an estimate of sewer capacity demand from new development; (2) an estimate of the increase in the East of 101 Area's development, and redevelopment, between the year 2001 and the year 2020, the planning horizon anticipated to be used in future preparation of a General Plan for the City; and (3) the cost of constructing the necessary sewer infrastructure improvements to offset the impacts of the estimated sewer capacity demand generated in the East of 101 area through 2020; and WHEREAS, in accordance with the Government Code, at least 14 days prior to the public hearing at which this Resolution was adopted, notice of the time and place of the heating was mailed to eligible interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with the Government Code, Exhibit A was available for public review and comment for ten days prior to the public hearing at which this resolution was adopted; and WHEREAS, 10 days advance notice of the public hearing at which this resolution was adopted was given by publication in accordance with Section 6062(a) of the Government Code; and WHEREAS, the sewer improvements identified in the Sewer Facility Fee Study were analyzed in the 2002 Initial Study/Mitigated Negative Declaration prepared by the City for the South San Francisco Sewer Improvement Program and potential impacts analyzed; and WHEREAS, on ,2002, the City Council adopted the 2002 Initial Study/Mitigated Negative Declaration; and WHEREAS, the improvements identified in the 2002 Initial Study/Mitigated Negative Declaration will undergo additional separate environmental review once the improvements have been sufficiently engineered to identify their scope and potential impacts. NOW THEREFORE, be it resolved that the City Council hereby makes the following findings in support of the East of 101 Sewer Facility Development Impact Fee. Based on all the evidence in the record, including but not limited to: 1) The City of South San Francisco General Plan and amendments thereto; 2) The East of 101 Supplemental Environmental Impact Report certified in 2001; 3) staff reports prepared for and distributed at the duly noticed public hearing conducted by the City Council on October 23, 2002; 4) testimony and materials received at the aforementioned public hearing; and, 5) the recitals of this Resolution, the City Council finds as follows: A. The City of South San Francisco East of 101 Sewer Facility Development Impact 2 Fee Study complies with California Government Code Section 66001 by establishing the basis for imposition of the fee on new development in the East of 101 area. The purpose of the sewer facility development impact fee set forth in this resolution is to finance sewer facility improvements to reduce the impacts caused by future development in the East of 101 Area, as further explained in Exhibit A. Such facilities are described in Exhibit A. The Sewer Facility Fee Study further describes the following: 2. 3. 4. 5. identifies the purpose of the fee; identifies the use to which the fee will be put; shows a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; show a reasonable relationship between the need for the public facilities and the type of development project on which the fee is imposed; show a reasonable relationship between the amount of the fee and the cost of the public facilities or portions of facilities attributable to the development on which the fee is imposed. B. The sewer facility development impact fee ("Impact Fee") collected pursuant to this resolution shall be used to fmance the sewer facility improvements described in Exhibit A. C. After considering Exhibit A, the East of Highway 101 Sewer System Master Plan, the Initial Study/Mitigated Negative Declaration, the testimony received at this noticed public heating, the agenda statements, the General Plan, and all correspondence received (together, "Record"), the City Council approves and adopts Exhibit A and incorporates such report herein; it further finds that future development in the City will generate the need for the sewer facility improvements described in Exhibit A, and that such improvements are consistent with the General Plan. D. In adopting the sewer facility development impact fee set forth in this resolution, the City Council is exercising its powers under Article XI, Section 7 of the California Constitution. E. The Record establishes: 1. That there is a reasonable relationship between the use of the Impact Fee set forth in this resolution (payment for certain listed sewer facility improvements) and the type of development projects on which such fee is imposed in that all new development in the East of 101 Area will generate or contribute to the need for the sewer facility improvements listed in Exhibit A; and 2. That there is a reasonable relationship between the need for the sewer facility improvements listed in Exhibit A and the type of development projects on which the Impact Fee set forth in this resolution is imposed in that new development in the East of 101 Area will generate additional wastewater which must be collected by the City's sewer system and such wastewater creates a demand for additional capacity which necessitates construction of the improvements listed in Exhibit A; and 3 3. That there is a reasonable relationship between the amount of the Impact Fee set forth in tiffs resolution and the cost of the sewer facility improvements listed in Exhibit A or that portion of such improvements attributable to the development on which such fee is imposed in that such fee is calculated based on the number of gallons per day of sewer capacity needed by future development, the total cost of construction of such facilities, and the percentage by which development within the City contributes to the need for such facilities; and 4. That the cost estimates set forth in Exhibit A are reasonable estimates for the cost of the sewer facility improvements listed therein, and the fees expected to be generated by future development will not exceed the projected cost of such improvements; and 5. That the method of apportioning the fee set forth in this resolution to a particular development bears a fair relationship and is roughly proportional to each development's burden on and benefits from the improvements to be funded by such fee, in that such fee is calculated based upon the projected ultimate sewer capacity needs each particular development will generate. NOW, THEREFORE, be it further resolved, that the City Council of the City of South San Francisco does hereby resolve as follows: 1. The East of 101 Sewer Facility Development Impact Fee Study is hereby adopted. NOW, THEREFORE, be it further resolved, that the City Council of the City of South San Francisco does hereby resolve as follows: 1. The Sewer Facility Development Impact Fee for Future Development within the East of 101 Area, as set forth herein in Attachment 1 is hereby adopted. Effective Date. This resolution shall become effective immediately. In accordance with Government Code Section 66017, the Fee shall be effective 60 days from the effective date of this resolution. Severabilitw. Each component of the Fee and all portions of tiffs resolution are severable. Should any individual component of the Fee or any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Fee components and/or resolution portions shall be and continue in full force and effect, except as to those Fee components and/or resolution portions that have been adjudged invalid. The City Council of the City of South San Francisco hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. 4 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 5 ATTACHMENT 1 1. Sewer Facility Development Impact Fee for Future Development within the East of 101 Area 2. Definitions. (a) "Applicant" shall mean any person or legal entity that applies for a permit or other entitlement for a new development project. (b) "City" shall mean the City of South San Francisco. (c) "Development" shall mean the construction, alteration, or addition, other than by the City, of any building or structure within the area within the East of 101 area of the City of South San Francisco. (d) "Development Project" means any Commercial, Office/Research and Development, Industrial or Hotel Development Project. (e) "East of 101 Sewer Facility Development Impact Fee" or "Fee" shall mean the charge or charges imposed on development to fund the sewer improvements to ensure that such development pays its fair share of improvements generated by such development pursuant to this resolution and applicable law. (f) "East of Highway 101 Sewer System Master Plan" shall mean the "East of Highway 101 Sewer System Master Plan," September 2001 draft, prepared by Carollo Engineers for the City of South San Francisco. (g) "Hotel" shall mean a commercial facility containing guestrooms for the temporary use of transients where access to individual units is predominantly by means of common inter/or or exterior hallways. (h) "Industrial" shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for the manufacture, production, assembly, or processing of consumer goods and/or other space uses incidental to these activities. Industrial land uses include but are not limited to: assembly; concrete and asphalt batching plants; contractors' storage yards; fabrication; lumber yards; manufacturing; outdoor stockyards and service yards; printing; processing; warehouse and distribution; and wholesale and heavy commercial uses. "Industrial" includes the following General Plan land use designations: light industry and heavy industry. (i) "Land Use Category" shall mean any of the specific land uses that have been listed in this Resolution and are used to provide the basis for future sewer capacity projections. (j) "New Development Project" shall mean any construction, addition, alteration or other change of use of a building or land that requires the City to issue a grading, building, plumbing, mechanical, or electrical permit, or any other form of entitlement. (k) Office/Research and Development" shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for general business offices, medical or professional offices, administrative or headquarters offices, offices for large wholesaling or manufacturing operations, research and/or development, research and development campus development with ancillary retail and services, and other space uses incidental to these activities. Office land uses include, but are not limited to: administrative headquarters; business parks; finance offices; insurance offices; legal offices; medical and health services offices and office buildings; professional and administrative offices; professional associations; real estate offices; research and/or development offices and travel agencies. (1) "Public Works Director" shall mean the Director of Public Works or the Director's designee. (m)"Report" shall mean the information contained in the Sewer Facility Fee Study and the East of Highway 101 Sewer System Master Plan as that plan is referenced by the Sewer Facility Fee Study. (n) "Sewer Facility Fee Study" shall mean the report entitled "East of 101 Sewer Facility Development Impact Fee," October 2002 draft, prepared by Bartle Wells for the City of South San Francisco. (o) "Sewer Improvements" shall include those improvements that are described in Exhibit A; provided that the City Council later determines in accordance with applicable law (1) that there is a reasonable relationship between development within the East of 101 Area and the need for alternative sewer improvements, (2) that the alternative sewer improvements are comparable to the facilities listed in Exhibit A, and (3) that revenue from fees charged pursuant to this resolution will be used only to pay new development's fair and proportionate share of the alternative sewer improvements. 3. Sewer Facility Development Impact Fee Imposed. Pursuant to Government Code Section 66000 et seq, ("Mitigation Fee Act") a Fee shall be imposed and paid at the times and in the amounts and otherwise apply and be administered as prescribed in this resolution for each non-residential new development (including commercial, hotel, and office/research and development (R&D)). 4. Time for Fee Payment. A Fee shall be charged and paid for each non-residential development, including commercial, hotel, and office/research and development developments, upon issuance of the building permit, or if no building permit is required, upon approval of a use permit for the development project or, if no use permit or amendment thereto is required, at the earliest of any other permit required for the project, for such non-residential development. 7 5. Amount and Calculation of Fee. The Fee is $3.19 per gallon per day of sewer capacity required. The impact fee was obtained by dividing the $12.4 million dollar cost of new capacity by the 3.9 million gallons per day of capacity required to meet the demands of future development. a. The total fee will be determined by calculating the projected capacity needs based upon the estimated flow/discharge which shall be based on historical industry data, data supplied by the developer indicating previous capacity needs (if applicable) and data from similar developments with similar proposed uses. The Director of Public Works, in consultation with the developer, shall determine the amount of capacity required by mutual agreement. b. For redevelopment projects, i.e. those projects converting from Industrial to Office/R&D, the amount of the fee shall be calculated as set forth in (a) for the new development. The City shall then credit the developer an amount equal to the average capacity used over the previous 12 months, or if the existing use was established less than 12 months prior to redevelopment, the average capacity required during the preceding period. Exemptions From Fee. The Fee shall not be imposed on the following: a. Any replacement or reconstruction of an existing non-residential structure that has been destroyed or demolished; provided that, the building permit for reconstruction is obtained within one year after the building was destroyed or demolished, unless the replacement or reconstruction increase the square footage of the structure by 50 percent or more. b. Any project that has submitted a complete application for a vesting tentative map, has an executed Development Agreement or has received its final discretionary approval and begun construction as of the Effective Date of this Resolution. 7. Use of Fee Revenue. The revenues raised by payment of the Fee shall be placed in a separate, interest beating account to permit accounting for such revenues and the interest that they generate. Such revenues and interest shall be used only for the facilities and the purposes for which the Fee was collected, which are the following: a. To pay for design, engineering, construction of and property acquisition for, and reasonable costs of outside consultant studies related to, the Sewer Improvements; b. To reimburse the City for the Sewer Improvements constructed by the City with funds from other sources including funds from other public entities, unless such funds were obtained from grants or gifts intended by the grantor to be used for the Improvements. d. To reimburse developers that have designed and constructed any of the Improvements with prior City approval and have entered into an agreement, as provided in 8 Section 12, below; and e. To pay for and/or reimburse costs of program development and ongoing administration of the Fee program, including, but not limited to, the cost of studies, legal costs, and other costs of updating the Fee. 8. Standards. The Standards upon which the need for the Facilities are based are the standards of the City, including the standards contained in the General Plan and those City standards reflected in the Report. 9. Periodic Review. a. During each fiscal year, the Public Works Director shall prepare a report for the City Council, pursuant to Government Code Section 66006, identifying the balance of Fee revenues in the Fee account. b. Pursuant to Government Code Section 66002, the City Council shall also review, as part of any adopted City Capital Improvement Plan each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee revenue balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 10. Subsequent Analysis and Revision of the Fee. The Fee set forth herein is adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council may review the Fee to determine that the Fee amounts are reasonably related to the impact of Development within the City. In addition to the inflation adjustments pursuant to Section 12, below, the City Council may revise the Fee to incorporate the findings and conclusions of further studies and any standards in the General Plan, as from time to time amended by the City. 11. Fee Adjustments. The purpose of this section is to provide for annual adjustments of the Fee for inflation, beginning July 1, 2003 and each July thereafter, as follows: a. Construction Cost. Annually each July, the City Manager shall adjust the cost of construction of the Facilities, as shown in the Report, increasing/decreasing such construction cost by the annual percentage increase/decrease reached by comparing the Engineering News Record Construction Cost Index (20-city average) for the prior March or April over the same Construction Cost Index for the same month for the prior year. The City Manager may round the adjusted Facilities construction cost to whole dollars. b. Land Acquisition Cost. Annually each July, the City Manager shall adjust the cost of acquiring real property interests for the Facilities as shown in the Report by calculating the percentage change in land cost per acre within the City, based on a comparison of the most recent appraisal (,prepared for the City for the purpose of adjusting the Fee) and the immediately preceding appraisal (prepared for the City for the purpose of adjusting the Fee and using the same methodology) (the "Land Index"). The City Manager may round the adjusted Facilities land acquisition cost to whole dollars. c. Total Annual Fee Adjustment. Annually each July, the City Manager shall adjust the Fee by applying the total annual Fee adjustment for that year to the prior year's Fee. The total annual Fee adjustment shall be reached by apportioning the adjustment in construction cost and land acquisition cost calculated according to this section according to the percentage each cost comprises of the whole Fee pursuant to the Report. 12. Credits and Reimbursement for Developer Constructed Facilities. The City and a developer may enter into an improvement agreement to allow the developer to construct certain of the Facilities. Such an agreement is totally discretionary on the part of the City. Such agreement shall provide for security for the developer's commitment to construct the Facihties and shall refer to this Resolution for credit and reimbursement. If the City enters into such an agreement with a developer prior to construction of one or more of the Facilities, the City shall provide the developer a credit in accordance with the following: a. Credit Amount. The credit shall be in the amount of the lowest bid received for construction of the facility, as approved by the Director of Public Works. However, in no event shall a credit pursuant to this provision exceed the current facility cost. For the purposes of this section, such current facility cost shall be the amount listed in the Report for that particular facility, as subsequently adjusted pursuant to Sections 11 and 12 of this resolution prior to issuance of the building permit for that facility. Once issued, credit pursuant to this section shall not be adjusted for inflation or any other factor. Credit provided pursuant to this section is not transferable. b. Application of Credit. Developers may apply credit given pursuant to this section against the Fee applicable to a particular project, until the credit is exhausted or an excess credit results. The total credit shall be divided by the number of units to determine the amount of credit that can be applied against the Fee for each unit, and if the credit per unit is less than the Fee per unit, the developer shall pay the difference for each urdt. c. Reimbursement for Excess Credit. Reimbursement for excess credit shall only be from remaining unspent Fee revenues. Once all the Facilities have been constructed or acquired, and to the extent Fee revenues are sufficient to cover all claims for reimbursement of Fee revenues, including reimbursement for excess credit, developers with excess credit shall be entitled to reimbursement, subject to such developers certifying in writing to the City that the l0 cost of constructing the facility that resulted in an excess credit that was not passed on to tenants of the development, and indemnifying the City from land-owner claims for reimbursement under Government Code Section 66000 et seq., and Section 66001 in particular. If remaining Fee revenues after all of the Facilities have been constructed or acquired are insufficient to cover all claims for reimbursement of Fee revenues, such claims, including claims for reimbursement of excess credit, shall be reimbursed on a pro rata basis in accordance with applicable law. C:kNrPortblkEBMAINLKIMBERLYk602961 1.DOC Staff eport DATE: October 23, 2002 TO: Honorable Mayor and City Council FROM: Jennifer A. Bower, Director of Human Resources SUBJECT: Waive Reading, Introduce and Adopt an Ordinance to Amend the Contract Between the Board of Administration, California Public Employees' Retirement System (PERS), and the City Council, City of South San Francisco, to Provide Section 21362.3 (3 % @ 50 Full Formula) for Local Safety Members. RECOMMENDATION Waive reading and introduce and adopt an ordinance amending the PERS Contract to provide Section 21362.3 (3 % @ 50 Full Formula) for'Local Safety Members. ACKGROUND/DISCUS SION During negotiations with all three of the public safety bargaining units (Police Association, Firefighters' Association [IAFF], and Public Safety Managers) each unit proposed enhancements to the City's retirement system. With approval from Council, the City's plan was to modify its PERS contract to provide 3% at age 50 retirement formula with an implementation date anticipated to occur in late 2002. The City has completed its negotiations and has received all the necessary valuations and documents from PERS to implement by November 22, 2002. The process from PERS requires that the City adhere to strict timelines, and they are as follows: 9/25/02 10/23/02 11/21/02 11/22/02 By: Adoption of Resolution of Intention. Adoption of Final Ordinance. Effective Date of Ordinance. _/~~S Amendment to Contract. Approved: _j/~e~n!f_e_r A. B~wer Dqrector of Human Resources Michael A. Wilson City Manager ttachment: Exhibit A: Amendment to Contract Exhibit B: Form CON-5 Certification of Final Action of Governing Body Exhibit C: Resolution JAB-10/18/2002 F:'~ile Cabinet\City CouncilXPERS Modifications\3 at 50~PERS Resolufion3.doc IN THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ORDINANCE NO. AN URGENCY ORDINANCE APPROVING AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WHEREAS, the City of South San Francisco has agreed to provide enhancements to the City's retirement system as part of negotiations with to members of the South San Francisco Chapter of the International Association of Firefighters, the Police Association and the Public Safety Managers Unit; WHEREAS, The California Public Employees' Retirement System staff have prepared the attached Amendment to Contract to implement this enhanced retirement benefit (Section 21362.3 [3% ~ 50 Full Formula]; WHEREAS, pursuant to Government Code sections 36934, this ordinance is an urgency ordinance in that the provision of this benefit relates to the current expenses of the City. Specifically, the effective date of enhance benefit is November 22, 2002. The provision of this enhanced retirement benefit is a contractual obligation of the agreements referenced hereinabove. WHEREAS, this ordinance shall apply to all relevant Chapters of the Municipal Code. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: The City Council of the City of South San Francisco does hereby approve Amendment to Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of South San Francisco attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Agreement on behalf of the City. 1. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 2. SEVER_ABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the __ day of ,2002. AYE S: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of ,2002. CalPERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council C~ty of South San Francisco The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1945, and witnessed September 12, 1945, and as amended effective September 1, 1949, December 1, 1953, January 1, 1960, January 1, 1963, February 1, 1967, January 1, 1968, January 1, 1969, November 1, 1973, April 19, 1974, January 21, 1977, November 11, 1977, December 19, 1980, August 23, 1985, .January 23, 1987, December 22, 1989, January 1, 1992, October 9, 1993, April 23, 1994, June 13, 1996 and May 11, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective May 11, 2001, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: All words and terms used herein which are defined in the ~Public Employees' Retirement Law shall have the meaning as defined therein unless otherWise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1945 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: PERSONS WHO ARE COMPENSATED ON AN HOURLY BASIS WHO ARE EMPLOYED JANUARY '1, 1963 OR AFTER. The percentage of final compensation to be provided for each year of credited prior and current service as a local 'miscellaneous member shall be determined in accordance With Section 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2%at age 55 Modified and Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). Public Agency elected and elects to be subject to 'the following optional provisions: Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. bo Section 21222.1 (One-Time 5% Increase - 1970). repealed said Section effective January 1, 1980. Legislation c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). 10. 11. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. e. Section 20042 (One-Year Final Compensation). Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only. g. Section 20965 (Credit for Unused Sick Leave). Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on November 11, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to 'annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. A reasonable .amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of 'the periodic investigation and valuations required 'by law. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of 'the experience under the Retirement System as determined by the pe.riodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the __ day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SOUTH SAN FRANCISCO BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFICER Witness Date Attest: Clerk AMENDMENT :ER# 0093 PERS-CON-702A (Rev. 8\02) Re'oort DATE: TO: FROM: SUBJECT: October 23, 2002 Honorable Mayor and City Council Director of Parks, Recreation and Maintenance Services Proposal from the Italian American Citizens Club of South San Francisco to Construct an Overhang to Cover Two Bocce Courts in Orange Memorial Park RECOMMENDATION It is recommended that the City Council adopt a resolution approving an amendment to the Capital Improvement Program Budget in the amount of $25,000 for the city's contribution of one half of the funding required to cover two (2) of the existing bocce courts in Orange Memorial Park, provided that the Italian American Citizens Club of South San Francisco continues to maintain the bocce courts and the surrounding area. BACKGROUND/DISCUSSION The Italian American Citizens Club of South San Francisco (IACC) has recently approached the city requesting assistance to construct an overhang to cover two (2) existing bocce courts in Orange Memorial Park. The club has obtained an estimate of approximately $41,000 to complete the proposed project. The Parks and Recreation Commission and staff have reviewed the proposal and believe that it would be a benefit to all the individuals participating in the game of bocce in Orange Memorial Park. However, due to the limited financial resources and the many demands placed upon those resources, the Parks and Recreation Commission and staff are recommending that the city and the club share in the cost of this Capital Improvement Project (the city's contribution would be a maximum of $25,000). Furthermore, it should be noted that the issue of pine needles dropping on the courts and surrounding area continues to be a matter of concern for the club. As a result, they have requested that the city begin maintaining the area around the courts. Once again, due to limited resources, it is recommended that the club continue to maintain the bocce courts and surrounding area. Staff Report To: Honorable Mayor and City Council Subject: Proposal from IACC to Cover Two Bocce Courts in Orange Memorial Park Date: October 23, 2002 Page 2 At their regular meeting of September 26, 2002, the Parks and Recreation Commission took formal action to approve the construction of an overhang to cover two (2) bocce courts at Orange Memorial Park, and recommend to the City Council that the city contribute one half of the funding to complete the project, up to a maximum of $25,000, provided that the IACC continues to maintain the bocce courts and the surrounding area. This evening representatives from the IACC will provide the City Council with an overview of their proposal and respond to questions and comments. FUNDING The city has $25,000 available for this project through the passage of the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 Program - Proposition 12. There would be no General Fund dollars expended on this project. Ba~ Nagel ~ ~ ......... Directoi: of Parks, Recreation and Maintenance Services Approved: ~/~./~ff--~/ff~ Michael A. i~Vil~on~ City Manager Attachments: 1. Resolution 2. Letter from IACC to Mayor Mullin - 5/14/02 3. Letter from M. Fanti to B. Nagel - 9/4/02 4. Letter from B. Nagel to M. Fanti - 9/20/02 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET (NO. 03-9) IN THE AMOUNT OF $23,000 FOR THE CITY'S CONTRIBUTION OF ONE HALF OF THE FUNDING REQUIRED TO COVER TWO OF THE EXISTING BOCCE COURTS IN ORANGE MEMORIAL PARK WHEREAS, the Italian American Citizens Club of South San Francisco has recently approached the City requesting assistance to construct an overhang to cover two (2) existing bocce courts in Orange Memorial Park; and WHEREAS, due to the limited financial resources and the many demands placed upon those resources, the Parks and Recreation Commission and staff are recommending that the City and the club share in the cost of this Capital Improvement Project; and WHEREAS, the City has $25,000 available for this project through passage of the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 Program - Proposition 12. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves an amendment to the Capital Improvement Program budget (No. 03-9) in the amount of $25,000 for the City's contribution of one half of the funding required to cover two of the existing bocce courts in Orange Memorial Park, provided that the Italian American Citizens Club of South San Francisco continues to maintain the bocce courts and the surrounding area. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of ,2002 by the following vote: AYES' NOES: ABSTAIN: ABSENT: ATTEST: City Clerk F:\file cabinet\Current Reso's\l 0-23bocce.court.res.doc Mayor Gene Mullk~ Ci~ of South San t~rancisco P.O. Box 711 South San Francisco, Ca. 940g3 Dear Mayor Mullin; The Italian American Citizens Club of South San Francisco is currently among the major supporters of Bocce Ball in Northern California. Bocce Ball is becoming the fastest growing sport in America and new facilities are being built by Park and Rec departments, wineries, retirement facilities, restaurants and Bocce dubs throughout the whole country. Our courts at Orange Memorial Park are very good but improvements are needed to help us keep up. Local Communities are attracting as many as 1400 players to this 7,000 year old game. We are lucky to reach 150. We have tried to introduce the game to as many new people as possible but unfortunately because of our weather most new players are either retired or semi-retired. This game is not just for elderly Italians, but a game for all ages and all ethnic groups. We must make every effort to give evewone a chance to learn and play this game. Over the past few months our Bocce Committee has investigated the cost of covering two courts. We believe that night Bocce could flourish if we made conditions better. Enclosed are quotations from Stoltz Metals for materials needed to erect a 38 ft. wide and 100 fi. long structure with a two foot overhang on each side, starting at 14. fi and rising one inch every foot. This bid also includes gutters and downspouts. State tax and shipping (roughly $443.00) are not included. The bid from Brambila Metal Roofing is for installation which also includes twelve footings. Brambilla's bid was based on prevailing wages. I hope that you can help us improve the conditions at the Orange Park Bocce Courts and continue to make our park the class of all Northern California. cc: Mike Wilson, City Manager City of So. San Francisco cc: Barry Nagel, Director Parks, Recreation & Maintenance Services Sincrerely, Rudy Bertoloz. zi, Bocce Chairman I.A.C.C. P.O. Box 5674 So. San Francisco, Ca. 94080 (650) 583-9936 0 L Z METALS M e t al F ab r i ~.:a t o r s italian American Citizens Club 552 Yosemite DriVe South San Francisco, Cal.B4080 November 1 .' BUILDING. QUOTATION pi1 ~ 65O-58.3-9938 Fax ~ 650-,589-858~ ROOF ONLY STRUCTURE Mr. Rudy Berto{oz~J QUOTE ¢ lAC021112 PROJECT: talian Amedcan Bocci Ball BUilcling Thank y~J for bhe opportunity to offer the following propoeal for your consideration: BUILJ:)ING SPECIFICATIONS: Design Load, s: 20 itt UBC ~ Snow 80 MPH Wind Exposure: 4.2 FT. Wide X 18,0 FT. Lohg X 26 GA Roo~' PAINTED 14 FT High (Low Eave) Roof Style: Gable ~ Bay(s) at ZO.O0 Foot/Bay(s) ACCESSORIES: C I ~ :12 Slope Seismic Zone: 4 2OO L.F. Gu'u,e rs/Downspou~ ~<z:~'~z:u [¢'crv~,~ ~ win3 purcnas,e oraer ........................... FR~.,N'T .......... Approximate shippir~ weight ...... 16323 lbs. ,,estimale ............ $ 12,155 $ 2,431 INCLUDED Quotation valid for ~irty days. Terms: 10% deposit with signed order' balance due 10 days pdor to shippin9, Approval Drawings: two Week's ~ffer rec~pt of deposi~ and signed order. Fabric:Coon: Appro,.dmately f~ ~ aff~ m~m of sig~ fi~l appro~l pla~ ~ Cu~ ~. Note: Unl~ ~]~ ~ o~, Cu~ b qu~ng ~nda~ d~ign and m~e~ls r~Nt~s of pre~ous ~bm~. ~ ~ m~ ~ ~ibi/~ ~ ~vide proof s~fi~o~ to m~ I~l building ~e r~uirements. Su~ni~ for your ~~ b~ .~.'~~ B~ Whitson Sal~ Manager pless, e enter my oder as above per Cumco's Standard Terms and Conditions, SIGNATURE DATE F~:::'::: NCi, ' 2Eig-4Lz:':'-i3TT: (239)4.91-0,771 PROPOSAL SUBMITTED TO: RUDY BERTOLOZZi · ' ... ~2 YOS~ITE Dr. So. San. Fm~i~o CA Page No. 1 of 1 Pages .'. PHONE 650-583.-g936 JDATE JOB NAME BOZZI BALL COURT b'I'REET · J CITY S, SAN. FRANCISCO Et'ATE ,CA 3/21102. BRAMBILA METAL ROOFING WILL FURNISH LABOR ONLY FOR THE-INSTALLAT.I.ON OF A 100' X 42' METAL BUILDING'.... WITH GUTTER AND DOWNSPOUTS. THIS BUILDING WILL HA~/E ROOF ONLY, NO WALLS WILL BE SHEETED. WE WILL ALSO FURNISH-LABOR AND MASERIAL TO D.O .12 FOOTINGS FOR .T. HtS BUILDING. FOOTINGS: 4' X 4' X 3'6'DEEP WiTH # 4 BARS 12" ON CENTER F__.ACH'WAY TOP AND BOTTOM ' ~et'ereby propose to furnish I~bor and matedaJ for tootings in complete accordance with the above,~l:ecifcati~ns, for the sum of Twenty Eight Th, ouse~ Four Hundre~l . . Dollam {.$_28 400,00 .... ) with p'eyment ~be .made as k~ows: 10% Down'and ~fance upon compWtior;. .. ' Afl work'to be Cmpieled in a workmanlike m~nne~' ac~ordir~ to ~rd p~s. Any ~l~ ~ ~i~t~ ~ Ail ag~me~ ~m ~ntbge~t ~ sffik~, ~n~ or ~ays ~ond our ~trol. · Eutiquie. Brambila (owner) ACCEPTANCE OF PROPOSAL The a~'ve price~, sPeC~fic~tfor¢ and c~ndiliort,~ are ber4~.acoepted..Y, ou.aro authorized to do the work. ss.,specif~ed, Payment will..b~.msxCe as-cutlined~bove.., ._. ACCEPTED: "Signature: ~: S/gna lure: Ma~? FAnr/ 707 Gratvd Avelua¢, Avervue South San Francisco, CA 94080 Telephone: (650) 588-4888 Fax~' (650) 871/9278 Baticm Americcm Citizens Ctub of South San Frc~u~iscc P.O. Box 5694 South San Francisco, CA 94083-5694 Tel.~tax: (650) 871-9278 September 4, 2002 Parks & Recreation Department Mr. Barry Nagel, Director Arroyo Street South San Francisco, CA 94080 Dear Mr. Nagel: It is with great disappointment to hear from our club representatives that were present at the meeting regarding the tree situation at the Bocce courts and for the possible covering of two courts in the future, that the said trees were not going to be taken down, but wouM be ~cleaned up' to hopefully stop the droppings of pine needles in the court area. It has been over two weeks since the mings and the pine needles are still falling and those same trees now look even more pathetic than in the past. We therefore request, that the parks and recreation department begin to over-see the cleaning of the needles on the asphalt area around the Bocce courts, the same as they do with the tennis courts. We will still continue to groom the courts themselves and help when-ever we can when necessary. Hoping for a favorable response Sincerely yours. 707 Grand Avenue South San Francisco, CA 94080 IA CC Presidem DEPARTMENT OF PARKS, RECREATION AND MAINTENANCE SERVICES (650) 829-3800 FAX (650) 877-5378 September 20, 2002 Ms. Mary Fanti, IACC President 707 Grand Avenue South San Francisco, CA 94080 Dear Ms. Fanti: I am in receipt of your letter dated September 4, 2002, wherein you have requested that the city begin to clean the areas around the bocce courts in Orange Memorial Park, specifically the removal of the pine needles. As you are aware, the Italian American Citizens Club of South San Francisco (IACC) is also requesting that the city participate in constructing an overhang to cover two (2) of the existing bocce courts. Each of these items are being referred to the Parks and Recreation Commission for review. Enclosed is a staff report for the regular Parks and Recreation Commission meeting of September 26, 2002. Staff is recommending that the city pay for one-half of the costs to complete the overhang project up to a maximum of $25,000, provided that the IACC continues to maintain the bocce courts and surrounding areas. It is anticipated that the Commission will take formal action on these items for consideration by the City Council in the near future. Please feel free to attend the Parks and Recreation Commission meeting on Thursday, September 26, 2002, at 7:00 p.m. in the Municipal Services Building Community Room located at 33 Arroyo Drive, or give me a call at 829-3800 if you have any questions or comments. 33 ARROYO DRIVE MAILING ADDRESS: P.O. BOX 711, SOUTH SAN FRANCISCO, CA 94083 Ms. Mary Fanti September 20, 2002 Page 2 Thank you for taking the time to address the city regarding this important matter. Very truly yours, Director of Parks, Recreation and Maintenance Services enclosure cc: Parks and Recreation Commission