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HomeMy WebLinkAbout2013-01-23 e-packetSA:y�q AGENDA SOV'SH F - N CITY COUNCIL n U O ,� CITY OF SOUTH SAN FRANCISCO �r C`tLIFORN�P REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 23, 2013 7:00 P.M. 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 7:00 p.m. in the Municipal Services Building, Council Chambers, 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 (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. 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 KARYL MATSUMOTO MARK N. ADDIEGO Mayor Pro Tern Councilman RICHARD A. GARBARINO DR. PRADEEP GUPTA Councilman Councilman FRANK RISSO KRISTA MARTINELLI City Treasurer City Clerk BARRY M. NAGEL STEVEN T. MATTAS City Manager City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of Div, Hall is 400 Grand Avenue South San Francisco California 94080. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PUBLIC COMMENTS PRESENTATIONS • Presentation of Proclamation honoring the retirement of Badminton Coach, Dick Ng. • South San Francisco Relay for Life Presentation. ITEMS FROM COUNCIL • Announcements. • Committee Reports. CONSENT CALENDAR Motion to approve the Minutes of the meetings of December 31, 2012 and January 9, 2013 and January 16, 2013. 2. Motion confirming payment registers for January 23, 2013. Motion to waive reading and adopt an Ordinance amending the South San Francisco Municipal Code, Chapter 14.04, to include changes and additions as required by the California Regional Water Quality Control Board contained within the Municipal Regional Permit Regulations related to the discharge of storm water into the storm water collection system. 4. Motion to waive reading and adopt an Ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to add recent Federal Pretreatment requirements related to the discharge of Fats, Oils and Greases (FOG) and Dental Wastes (DW) in the sanitary sewer collection system. Resolution approving the change of administrator for the current Voluntary Employees Beneficiary Association (VEBA) Plan. 6. Resolution approving Compensation Plan for the Executive Management Unit July 1, 2012 through June 30, 2014. REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 AGENDA PAGE2 Resolution accepting funds from Genentech and amending the 2012 -2013 Capital Improvement Program list to include the Forbes Boulevard Bike Lane Improvements Project and appropriating a project budget of $6,000,000. 8. Resolution executing a consulting services agreement with Wilsey Ham of Foster City, California for engineering services for the Forbes Boulevard Bike Lane Improvements Project in an amount not to exceed $135,416. LEGISLATIVE BUSINESS 9. Implementation of Downtown Quality of Life Improvement Measures and Amendment to Smoking Ordinance. a. Waive reading and introduce an Ordinance amending Chapter 8.50 of the South San Francisco Municipal Code Regarding Regulation of Smoking in Parks and Designated Public Areas. PUBLIC HEARING 10. Waive reading, introduce and adopt an Interim Ordinance of the City of South San Francisco making findings and extending (1) a City -wide moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for large format retail or superstore uses and (2) a moratorium on the issuance of Use Permits, Building Permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area; and Resolution approving an amendment to the agreement with Ascent Environmental in an amount not to exceed $126,2185 and amending the 2012/13 General Fund Operating Budget. COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING JANUARY 23, 2013 AGENDA PAGE �ruci;ztnttttnit CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA DICKNG WHEREAS, on December 19, 2012, Parks and Recreation Badminton Coach, Dick Ng, retired with over thirty- nine years ofdedicated service to the City of South San Francisco; and WHEREAS, Dick met his wife of over 28 years, Sharon, when she was a participant in the badminton program. They have been residents of South San Francisco for 27 years. Sharon is an elementary school teacher at Martin School in South San Francisco. They have two children, Daphne and Cameron, who attended El Camino High School, and are both, accomplished badminton players. Daphne attended UC Berkeley, where she also played badminton. She has won many badminton awards. Cameron attended the University of Washington, and is currently working on a PhD from the University of Kansas; and WHEREAS, Dick co-founded the South San Francisco Junior and Adult Badminton Program in 1974. He worked as an X -Ray Technician at Kaiser Hospital for 42 years. Dick also practices the Art of Bonsai as a hobby, and has exhibited some of his beautiful trees in the Bonsai shows sponsored by the South San Francisco Cultural Arts Commission. Dick strives for balance, well - roundedness, and has always emphasized ethics and sportsmanship in his coaching. With his dedication, commitment, humor, generosity, kindness and positive attitude, his mentorship has touched the lives ofthousands ofindividuals over the past 39 years; and WHEREAS, Dick has been recognized for numerous accomplishments and contributions to the sport of badminton, including., ranked number 7 at the U.S. Junior Nationals in 1967; ranked number I in Singles, Men's Doubles, and Mixed Doubles in Northern California between 1966 and 1972; he was the Head Coach at Stanford University between 1981 and 1983; coached four students who went to the 1992 Barcelona Olympic Games, 2004 Athens Olympic Games, 1008 Being Olympic Games and 2012 London Olympic Games; awarded Coach of the Year by the US. Olympic Committee in Colorado Springs in 1999; coached Hall of Fame recipient and 9 -time U.S. Adult National Doubles Champion, Ben Lee; coached 10 -time U.S. Junior National Champion and 2 -time Pan American Gold Medalist, Daphne Ng, coached 2005 World Championship Men's Doubles Gold Medalist and 3 -time Olympian (Athens, Beijing and London Olympics), Howard Bach; and WHEREAS, Dick's students and their parents hold the utmost regard for his mentorship and have commented: "It is amazing how much a simple game and the influence of an amazing teacher can change, or even shape a person's life. Since the age of 14, every great thing that has happened to me in my life is traceable to the short, but sweet time learning from you in this gym. I am lucky and incredibly blessed to have crossed paths with you and everyone at South San Francisco. The experiences I've had were truly life- changing. Thank you!! "Ali Khan; "I can't believe it has been over 30 years since I first played here. You certainly are responsible for the Bay Area badminton scene as we know it today. A job well done, and mission accomplished, Dick!" Rusdi Sumardy; " Thank you so much Dick for getting our kids off on their long journey with badminton (even despite the long two and a half hour round trip to South San Francisco every time). I hope they share your passion with the sport all the time. Have fun with your new free time and hope to play with you and Sharon sometime! Thanks for all the memories!" Susan In (Todt); "Thank you Coach Dickfor all the fond memories. You have provided me with a second home during my high school years. I love badminton because of you. Thanks Coach!" Clarice Ho; "Dick, you are truly our coach of a lifetime. You introduced badminton to Jonathan and trained him with your heart. Thanks for everything and wish you all the best in your pursuits in the golden years to come. " Isaiah Pan. NOW, THEREFORE, on behalf of the Citizens of South San Francisco, who have benefttted from Dick's service, the City Council of the City of South San Francisco does hereby express its gratitude and appreciation to Dick Ng for his years of dedication and further expresses its sincere best wishes for a long, happy, and much deserved retirement. Pedro Gonzalez, Mayor Karyl Matsumoto, Mayor Pro Tem MarkAddiego, Councilmember Richard A. Garbarino, Councilmember Pradeep Gupta, Councilmember Dated: January 23, 2013 SPECIAL MEETING yo�Ta �at� MINUTES 5+ y CITY COUNCIL ° OF THE C'9LIF044�A CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MIJNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 16, 2013 6:30 P.M. Call to Order. TIME: 6:32 P.M. 2. Roll Call. PRESENT: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. ABSENT: None. Public Comments — comments are limited to items on the Special Meeting Agenda. Prior to taking public comments, Mayor Pro Tem Matsumoto made a point of order and stated her intent to motion to table the matter of the Residential Point of Sale Safety Inspection. She believed the item had been considerably vetted and she no longer wished to pursue it any fuher at this point. Councilman Addiego welcomed the Mayor Pro Tem's motion and stated his opinion that the ordinance may be a bit of an overreach on the City's part and that it might create a lot of angst and heartache. Councilman Garbarino began by agreeing with the motion, but stated he understood what the Department was trying to do. He further noted that South San Francisco Fire Chief, Phil White was held in the highest regard and had an impeccable reputation. While the ordinance may have been trying to do too much, he did not appreciate the accusatory tone of the correspondence he had received in opposition to it and found it to be quite unprofessional. After conferring with City Attorney Mattas, he cautioned the public the City would not be held responsible for negative findings after the sale and purchase of a home. City Attorney Mattas confirmed that issues arising from non - disclosure would be between the seller and the buyer and dealt with pursuant to California Real Estate Law. The City would have no further liability. Although he was prepared for the debate, Councilman Gupta supported the motion as well. While he agreed with the Chief's objectives of promoting and improving the safety of the citizens, it was his opinion that the current structure of the ordinance did not achieve these objectives in the most painless and cost- effective way possible. He opined that without the ordinance, the problems would still exist and hoped that those in the field could look towards working together. Mayor Gonzalez reported he had received numerous complaints from homeowners who felt they had been uninformed about code violations inherent in the properties they had purchased. These complaints served as the main impetus for pursuing the ordinance which had taken a great amount of staff time and effort and required numerous meetings. For the sake of his colleagues, the Mayor would support the motion to drop the item. He deferred to City Attorney Mattas for further direction. City Attorney Mattas stated Council could table the matter indefinitely if it wished. As this was a public meeting, Council could still entertain public comment though its wishes had been clearly communicated. For the benefit of the public, Attorney Mattas stated the Residential Point of Sale Safety Inspection was an issue that had been substantially covered, with substantial public comment heard to this point. Council determined to hear public comment. Mayor Gonzalez cautioned he would adhere strictly to the three- minute time limit for each speaker. Councilman Addiego added a request that speakers refrain from anecdotal comments. He preferred that comments be of a broader term and from a legal standpoint. Public Comments: John Penna stood in agreement with Councilman Garbarino regarding the reputation of the Fire Chief and staff; however, he felt the issue was not a political matter but rather a legal matter. He believed some of the issues could be resolved if Code Enforcement was placed back under the Building Division, or perhaps even with the City Attorney's Department, rather than staying under the Fire Department. Michelle Zaconne, Legal Counsel for SAMCAR, reiterated her prior statements as to the hardships the proposed ordinance would present. It was her opinion that Fire Department staff was neither sufficiently trained, nor qualified to conduct inspections and warned the City it would be acting in an unconstitutional manner if such inspections took place. She characterized the ordinance as a desperate attempt to legalize an illegal concept and felt the City would not have the support of its constituents and be exposed to litigation as a result. Councilman Addiego restated the objective of tabling the matter was to prevent a reoccurrence of the events of prior meeting(s) on this subject. SAMCAR representative Paul Stewart thanked Council, particularly the Mayor Pro Tern, but desired to relay follow -up concerns. He asked what the follow- up process would be; would there SPECIAL CITY COUNCIL MEETING JANUARY 16, 2013 MINUTES PAGE be a convening of stakeholders who could help craft new language? If so, when? He also wanted to reinforce the comments made by Mr. Penna and agreed that Code Enforcement should be returned to the Building Division. Mayor Pro Tem Matsumoto restated that the issue, for her, was dead. However, she might be moved to change her mind and defend the Fire Department if necessary. Councihnembers Addiego and Garbarino shared her sentiment. SAMCAR representative Greg Bryant thanked Council and communicated his willingness to work with City staff in the future. SAMCAR representative Christine Fuller thanked Council for the opportunity to provide input. Attorney Mattas advised Council that since there were no further speakers, a motion could be entertained. Motion — Councilman Garbarino /Second — Mayor Pro Tem Matsumoto: to table the matter of proposed Chapter 8.63 of the South San Francisco Municipal Code, establishing the Residential Point of Sale Safety Inspection Program. Unanimously approved by a voice vote. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 6:54 p.m. Submitted: Anna M. Brown, Deputy City Clerk City of South San Francisco SPECIAL CITY COUNCIL MEETING MINUTES Approved: Pedro Gonzalez, Mayor City of South San Francisco JANUARY 16, 2013 PAGE 2. 3. SPECIAL MEETING MINUTES CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting held at: MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JANUARY 9, 2013 6:30 n.m. Call to Order. 6:30 p.m. z Roll Call. Present: Councilmembers Addiego, Garbarino and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. Absent: None. Agenda Review. No changes. 4. Public Comments — comments are limited to items on the Special Meeting Agenda. None. 5. Conference with Labor Negotiators. (Pursuant to Government Code § 54957.6) Agency designated representative: Kathy Mount Employee organizations: Executive Management Unit. Time entered Closed Session: 6:31 p.m. Open Session resumed: 6:41 p.m. Report out of Closed Session: Direction given. 6. Adjournment. Being no further business, Mayor Gonzalez adjourned the meeting at 6:41 p.m. witted: Approved: J. a li i ' Pedro Gonzalez, Mayor City 0 r Cisco City of South San Francisco CALL TO ORDER: ROLL CALL: CITY COUNCIL CITY OF SOUTH SAN FRANCISCO PLEDGE OF ALLEGIANCE: AGENDA REVIEW REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, JANUARY 9, 2013 TIME: 7:00 P.M. PRESENT: Councihnembers Addiego, Garbarino and Gupta, Mayor Pro Tem Matsumoto and Mayor Gonzalez. ABSENT: None. Led by Mayor Gonzalez. City Manager Nagel recommended removing Item No. 6 from the Agenda and bringing it back before Council at a later meeting. Council agreed. PUBLIC COMMENTS Wynn Grcich addressed Council and urged support of anti - fracking efforts. PRESENTATIONS Ceremonial administration of the Oath of Office to newly appointed Councilmember, Dr. Pradeep Gupta. Dr. Pradeep Gupta was formally sworn in as City Councilman by City Clerk Martinelli immediately following the December 31, 2012 Special Meeting of the City Council at which he was appointed to fill the seat vacated by former Councilman, now Assemblyman, Hon. Kevin Mullin through certification of a Special Election called for and consolidated with the General Municipal Election that would take place on November S, 2013. City Clerk Martinelli administered the Ceremonial Oath of Office. Councilman Gupta addressed Council and the public expressing his sincere appreciation for the opportunity to serve the City. He emphasized his readiness to confront the issues before Council and his commitment to fill this role to the best of his abilities. He thanked his family for supporting him in this endeavor and specifically his wife, Kumkum Gupta. Councilmembers congratulated Councilman Gupta and thanked him for his willingness to serve the residents of the City of South San Francisco. They expressed utmost confidence in his abilities. Council also thanked the 13 applicants for the position for taking the time to appear before Council and complete the application process. Council was hopeful that many of these applicants would seek out ways to serve the City either as members of Boards and Commissions or by seeking to serve on the Council in the future. The meeting was recessed for a brief reception honoring Councilman Gupta. Recess: 7:18 p.m. Meeting resumed: 7:36 p.m. • Police Presentation related to honors bestowed upon Police Corporal Dave Kennan. Police Corporal Dave Kennan was honored for his service on the multi jurisdictional San Mateo County Narcotics and Vehicle Theft Task Forces and for the San Mateo County Sheriff's Office's recognition of him as Agent of the Year for these efforts. Council presented Crpl. Kerman with a Certificate of Recognition noting that his efforts were instrumental to the success of the program. Chief of Police Massoni noted that Crpl. Keenan not only makes great contributions, but is tenacious, inspirational, self sacrificing and a team player. Crpl. Keenan thanked Council and the Chief for the honor. • PG &E Gas Pipeline Presentation. PG &E's Local Government Relations Manager for Northern San Mateo County, Scott Hart presented an update on the pipeline improvement project in the City. He stated that Line - 132 was being replaced to modernize critical pipeline infrastructure, expand the use of automatic and remotely operated shut -off valves, implement next generation inspection technologies, develop and follow industry - leading best practices and enhance public safety. In the design and construction of this segment of the pipeline, PG &E met or exceeded industry standards and practices by increasing the wall thickness of the installed steel pipe to operate at pressures exceeding 1000 pounds per square inch (psi). In regard to completed elements, in 2012 the L -132 pipeline transmission from Sequoia Avenue to Hillside Boulevard, through Sunshine Gardens, was taken out of service. As for pipeline installation, 1.2 miles of new transmission pipeline had been installed along Mission Road, from Sequoia Avenue to Lawndale Boulevard, north on Lawndale Boulevard to Hillside Boulevard and east Hillside Boulevard to just past Holly Avenue. As far as work planned for 2013, there would be valve modernization, which would include modernizing the valve station currently located at Hillside Boulevard near Holly Avenue by installing a new, larger mainline valve and relocating the station to the north side of Hillside Boulevard in the San Bruno Mountain State Park area. A blow -down station for venting to atmosphere would be built as well. This work was extended to 2013 in order to allow for permitting through state, county and federal agencies. While most of the work REGULAR CITY COUNCIL MEETING JANUARY 9, MINUTES 2 would not be located within city limits, it may impact traffic on Hillside Boulevard. There would also be an installation on the south segment of L -132 which would include replacing L -132 from Chestnut Avenue to West Orange Avenue. This work was held over from 2012 because of land rights and permitting issues. This would include boring under Colma Creek near Chestnut Avenue, locating the pipeline away from A Street and a portion of installation in El Camino Real between 972 El Camino Real (Burger King) and W. Orange Ave. The proposed work hours for this project would be from Noon to 10 p.m. The tentative project timeline for the valve station and 30" pipe replacement, which was dependent on environmental permits, would start in early June 2013, last for four (4) months and be complete my mid - October. The Blow -down station project, which was also dependent on environmental permits, would begin in early July 2013, last for two (2) months and be complete by mid - September. The L -132 upgrading between Holly Boulevard and Sequoia Avenue would begin in mid -June 2013, last five (5) to six (6) weeks and be complete by the end of August. The L -132 South Segment would start in early June 2013, last four (4) and a half months and be complete by the end of October. PG &E had a comprehensive plan for customer and community outreach regarding tests and field work. The plan encompassed sending out letters to all residents and businesses near the area where the construction would take place, providing an overview of why the work was needed, what the community might see and contact information to speak to PG &E representatives. It would also post traffic signs with notifications of ongoing work and deliver recorded reminder messages by telephone. Customer Care gas specialist representatives were available to answer questions about natural gas pipelines or the work being done in the area at 1- 888 - 743 -7431, between 7 a.m. and 6 p.m., Monday through Friday. Online information about PG &E's Natural Gas Transmission System and Pipeline Safety Programs could be viewed at: www.u¢e.com/Eassystem. Councilman Addiego requested that PG &E outreach to merchants along Mission Road and the impacted neighborhood. While they had been good natured and tolerant of the work, the resultant traffic problems were beginning to take a toll. Mr. Hart agreed to visit businesses in the area with a PG &E customer relations specialist. Councilman Garbarino shared his discussions with business owners who were upset about delays and loss of business. He also recommended that PG &E go above and beyond to ease the concerns of wary business owners. Mayor Pro Tern Matsumoto asked Public Works Director White whether the issue of laying gas pipe next to City pipe had been resolved. Director White responded that the issue had been that PG &E pipeline was being installed too close to the sewer lines which might necessitate moving the sewer line or the pipeline. Director White stated that the entities had reached a resolution and the Department was satisfied with the solution that PG &E had devised to avoid this issue. Mayor Pro Tern Matsumoto requested information as to the nature of a Blow -down station. REGULAR CITY COUNCIL MEETING JANUARY 9, 2013 MINUTES 3 Mr. Hart advised a Blow -down station helps to limit the wasting of gas by allowing PG &E to release gas from the pipeline as needed to clear it for inspections, work or to tie in new segments. Councilman Gupta queried whether the above standard pipeline was being installed throughout the PG &E pipeline system or only at specific sites. Mr. Hart responded by staring that PG &E was installing new pipeline where most necessary. It was working towards having its entire system documented as having been hydro tested recently, or within the allowable time period. If a test showed structural integrity, then the specific pipeline would not be replaced. Liquefaction zones were being factored into all calculations related to pipeline replacement priority. Mayor Gonzalez queried whether PG &E would need to consult with the County since it would be doing work in Colma Creek. Public Works Director White advised he had received a letter from the County approving PG &E's work under the Creek. Accordingly, the County and Flood Control District were onboard with the plans- a major milestone for PG &E. Mayor Gonzalez requested that PG &E place clear road signs for the upcoming projects. Mr. Hart stated road signs were planned. ITEMS FROM COUNCIL • Announcements. Committee Reports. Councilmembers reported on attendance at community meetings and events, including a League of California Cities event, a CDBG Subcommittee Meeting, a CPTF Meeting and a local housing meeting. Staff was recognized for its efforts to bring new Councilman Gupta up to date on current Council matters quickly and thoroughly. CONSENT CALENDAR Motion to approve the Minutes of the meetings of December 10, 2012, December 12, 2012, December 19, 2012 and December 22, 2012. 2. Motion confirming payment registers for January 9, 2013. 3. Motion to approve two sculptures, Sunflower and Electric Slide, and one alternate sculpture, Zodiac Totem 4, for the Loan Art Program at the Orange Memorial Park Sculpture Garden as recommended by the Cultural Arts Commission. 4. Resolution No. 1 -2013 in support of the City's participation in the San Mateo County SubRHNA Process and acceptance of the housing allocation assigned by the sub region to the City. REGULAR CITY COUNCIL MEETING JANUARY 9, 2013 MINUTES 4 5. Resolution No. 2- 2013approving the Memorandum of Understanding for the Public Safety Managers' Unit dated July 1, 2012 through June 30, 2014. 6. Resolution approving the change of administrator for the current Voluntary Employees Beneficiary Association (VEBA) Plan. Item not heard. 7. Acknowledgement of Proclamations issued honoring the retirements of Superintendent of Parks and Facilities, Mary Bates and Senior Park Maintenance Worker, Gary Harang. Motion— Councilman Garbarino /Second— Councilman Addiego: to approve Consent Calendar Items 1, 2, 4, 5 and 7. Unanimously approved by voice vote. Item 3: Director of Parks and Recreation Ranals explained that the Sunflower piece had been pulled by the artist, but that the two additional pieces were still available. She then provided a PowerPoint Presentation depicting the two remaining pieces, Electric Slide and Zodiac Totem 4. Councilman Addiego noted he was not particularly fond of the pieces and requested artist information pertaining to the symbolic significance of the work. Director Ranals advised the Commission had selected these pieces for the two (2) year loan art program at the sculpture garden. The bronze chicken piece reflected the 70s dance, The Electric Slide and the totem piece represented different characters of the Zodiac. Mayor Gonzalez questioned the security of the pieces in the sculpture garden and assignment of liability for damages. Director Ranals advised the artists retained liability for the pieces. Councilman Addiego commented that he would like to see some artwork at Oyster Point. Cultural Arts Commissioner Bertoldi advised Council of several pieces the Commission was considering that might be appropriate for placement near the new Ferry Terminal. Motion— Councilman Garbarino /Second— Councilman Gupta: to approve two sculptures, Electric Slide and Zodiac Totem 4, for the Loan Art Program at the Orange Memorial Park Sculpture Garden as recommended by the Cultural Arts Commission. Approved by the following voice vote: AYES: Councilmen Garbarino and Gupta, Mayor Pro Tern Matsumoto and Mayor Gonzalez. NOES: Councilman Addiego. ABSTAIN: None. ABSENT: None. REGULAR CITY COUNCIL MEETING JANUARY 9, 2013 MINUTES 5 PUBLIC HEARING 8. Waive reading and introduce an Ordinance amending the South San Francisco Municipal Code, Chapter 14.04, to include changes and additions as required by the California Regional Water Quality Control Board contained within the Municipal Regional Permit Regulations related to the discharge of stormwater into the stormwater collection system. Public Hearing opened: 8:42 p.m. Senior Environmental Compliance Inspector Lecel presented the staff report recommending that Council waive reading and introduce an Ordinance amending the South San Francisco Municipal Code to include changes and additions as required by the California Regional Water Quality Control Board and aligning the Ordinance with the regional NPDES Permit. Councilmembers questioned enforcement of the mandates set forth in the revised ordinance. Inspector Lecel advised there were several mechanisms of enforcement, including review by the Environmental Compliance Supervisor, reporting by municipal officials and resident reporting. Public Hearing closed: 8:46 p.m. Mayor Pro Tem Matsumoto presented non - substantive changes to the ordinance that she requested to be included for purposes of making the ordinance internally consistent. Councilman Gupta noted that large amounts of City resources and staffing would be required to implement the Ordinance. City Manager Nagel noted that the Regional Water Quality Board sets the mandates. Based on current interpretation, staff is handling enforcement. However, there may be a time when additional resources are necessary requiring a larger budget for enforcement. Councilmembers noted that the modifications to the ordinance were necessary to meet regional mandates. Motion— Councilman Garbarino /Second— Councilman Gupta: to waive reading and introduce an Ordinance amending the South San Francisco Municipal Code, Chapter 14.04, to include changes and additions as required by the California Regional Water Quality Control Board contained within the Municipal Regional Permit Regulations related to the discharge of stormwater into the stormwater collection system, including grammatical changes suggested by Mayor Pro Tern Matsumoto and subject to review by the City Attorney. Unanimously approved by voice vote. 9. Waive reading and introduce an Ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to add recent Federal Pretreatment requirements REGULAR CITY COUNCIL MEETING JANUARY 9, 2013 MINUTES 6 related to the discharge of Fats, Oils and Greases (FOG) and Dental Wastes (DW) in the sanitary sewer collection system. Public Hearing opened: 9:01 p.m. Director of Public Works White presented the staff report recommending that Council waive reading and introduce an Ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to incorporate new provisions required by Federal Pretreatment Regulations to the discharge of Fats, Oils, and Grease and dental wastes into the sanitary sewer collection system. The proposed changes are mandated by the California Regional Water Quality Control Board, San Francisco Bay Region to bring the Ordinance into compliance with changes to the Federal Pretreatment Requirements. Public Hearing closed: 9:12 p.m. Councilman Addiego questioned how dentists might be brought into compliance. Director White responded that for the most part, the dentists located within City limits were in compliance. The City's inspectors were aware of the dentists that weren't and would be working with those offices to require compliance. Motion— Councilman Gupta/Second— Mayor Pro Tem Matsumoto: to waive reading and introduce an Ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to add recent Federal Pretreatment requirements related to the discharge of Fats, Oils and Greases (FOG) and Dental Wastes (DW) in the sanitary sewer collection system, including grammatical changes suggested by Mayor Pro Tern Matsumoto and subject to review by the City Attorney. Unanimously approved by voice vote. COMMUNITY FORUM Councilman Addiego thanked Water Quality staff for its work clearing a backed -up sewer line on a city street over the holiday. Upon inquiry by Mayor Pro Tern Matsumoto, Chief of Police Massoni advised that after hours emergencies such as this can be reported to the Police Department and notification to responsible employees at Departments involved would be made as needed. ADJOURNMENT Being no further business, Mayor Gonzalez adjourned the meeting at 9:18 p.m. Submitted: ista Jo tinel i Cit Jerk City of kuth San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved: Pedro Gonzalez Mayor, City of South San Francisco JANUARY 9, 2013 MINUTES SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO MONDAY, DECEMBER 31, 2012 11 Call to Order: 2, Roll Call. 3, None. 4. None. 5. Agenda Review. Time: 9:00 am Present: Councilmembers Addiego and Garbarino, Mayor Pro Tem Matsumoto and Mayor Gonzalez. Public Comments — comments are limited to items on the Special Meeting Agenda. Discussion and determination of process for filling vacant City Council seat including: 1) Resolution appointing an applicant to fill the vacant City Council seat for the remainder of the term to expire November 3, 2015; item to include discussion of applicants and balloting; or 2) Resolution No. 110 -2012 appointing an applicant to fill the vacant City Council seat for an interim term to expire upon certification of the November 5, 2013 Election; item to include discussion of applicants and balloting; and Resolution setting a Special Election to be consolidated with the November 5, 2013 Municipal Election to elect a Councilmember for the remainder of the term to expire November 3, 2015; or 3) Resolution setting a Special Election to be consolidated with the November 5, 2013 Municipal Election to elect a Councilmember for the remainder of the term to expire November 3, 2015. Mayor Gonzalez requested that Council Mattas advise of the options presently pending before Council with respect to filling the vacant City Council seat. Counsel Mattas advised that at its last Special Meeting on this subject, which took place December 22, 2012, Council had voted ballots to select an applicant to fill the vacated City Council seat formally held by Assemblyman Mullin with a term ending November 3, 2015. Applicant Dr. Pradeep Gupta was the successful applicant, with a second round unanimous vote in his favor. Council had deadlocked, however, on the issue of whether Dr. Gupta should be appointed to fill the remainder of the term through November 3, 2015, or through certification of a Special Election that could be called and consolidated with the November 5, 2013 General Municipal Election. Councilman Garbarino commented that he believed the process had gotten political, but he would be willing to move from his previous position and appoint Dr. Gupta through certification of a Special Election. He commented that he would have hoped Dr. Gupta could focus on getting up to speed as a Councilmember and gain footing for the City regionally without being subject to the simultaneous demands of a campaign. However, he believed this was necessary to break the deadlock, given that he did not think the Council could sit effectively with only four (4) members for the upcoming 11 months. Mayor Pro Tem Matsumoto concurred with Councilman Garbarino's comments. She stated that in addition, she had been uncomfortable appointing the successful applicant to the position, and then calling a Special Election which would require him to run twice in a four (4) year period ifhe wished to maintain the seat. She cited expenses upwards of $20,000 /campaign. She explained that she now understood the successful applicant could run for the three (3) at large four (4) year seats that would be up for election at the same time. Accordingly, she was more comfortable with the shorter appointment. Councilman Addiego opined the nature of the process was political. He stated his belief that it was paramount not to pass an election cycle without providing the public an opportunity to weigh in. Calling a Special Election at the time of the General Municipal Election would permit this opportunity. Mayor Gonzalez stated his first preference was to call a special election immediately to have someone voted in by the people to fill the seat. Since under state and local law, the first available time to call a Special Election was November 2013, this was not an option. Accordingly, he supported an appointment with a Special Election called for the first available date of November 5, 2013. Motion - Councilman Addiego/ Second- Councilman Garbarino- to approve Resolution No. 110- 2012 and appoint, by name, Dr. Pradeep Gupta to the City Council and set a Special Election for November 5, 2013 to be consolidated with the General Municipal Election of the same date. Unanimously approved by voice vote. SPECIAL CITY COUNCIL MEETING DECEMBER 31, 2012 AGENDA PAGE2 6. Adjournment. Being no further business, Mayor Gonzalez adjourned the meeting at 9:15 a.m. City San Francisco Approved: Pedro Gonzalez Mayor, City of South San Francisco SPECIAL CITY COUNCIL MEETING DECEMBER 31, 2012 AGENDA PAGE3 Listing of City Payments for Council Review I certify that the payments shown on this payment register are accurate and sufficient funds were available for payment.* DATED: -1/18/2013 FINANCE DIRECTOR *Note: Items below do not include payroll related payments Checks: Date Amount 01/07/13 1,446,516.26 01/09/13 174,498.74 01/14/13 455,984.67 01/16/13 149,013.50 Electronic Payments: Date Amount To Total Payments $ 21226,013.17 Description rNi O M N m m a 0 a c d y. 0 N r 0 0 Y U W S U # w U 0 z z 0 F IL R' U y W 0 w U 0 Z z Z 0 O Q W U O z w Q Z O 0 z W 1 I- O w w w w w w w w w w w � W W W W W W W W W W W N O M M M 0 n 1�1 n 1�1 I M M O O O n M C' O C LL O O O O O O O O O O O Z J Y U w w w w w w w w w w w U U U U U U U U U U U � Q Z Z Q ZQ Z Z Z Z Z Z Z Z U U N U N N N U N U U o z z z z z z z z z z z U LL LL LL LL LL LL LL LL LL LL LL W W W W W W W W W W W W a z z z z z z z z z z z n W W W W W W W W W W W Z m m m m m m m m m m m N 2 2 2 2 2 2 2 2 2 2 2 J J J J J J J J J J J O W W W W W W W W W W W Z o 0 0 0 0 0 0 0 0 0 0 LL Z Z Z Z Z Z Z Z Z Z Z d' < -Qi Q Q Q O O N M M W � M � W M � O N W Z O �.bj of N U 3 � Q Q w LU pbp O U Q co W U H o or,a LL W W U N — @ z U W O W M Z 0 LU @ O 0 O ° U M LL Z J a � n d (n LL D LL W (n Uc O a a O Y o(D w 0 W OF H U co O .� O O Z 0 J � w c 0 U � N OU W W a wui��� @ C aE a) R a a Z J+ @ of a- 0 a c d y. 0 N r 0 0 Y U W S U # w U 0 z z 0 F IL R' U y W 0 w U 0 Z z Z 0 O Q W U O z w Q Z O 0 z W 1 I- O w w w w w w w w w w w � W W W W W W W W W W W N O M M M 0 n 1�1 n 1�1 I M M O O O n M C' O C LL O O O O O O O O O O O Z J Y U w w w w w w w w w w w U U U U U U U U U U U � Q Z Z Q ZQ Z Z Z Z Z Z Z Z U U N U N N N U N U U o z z z z z z z z z z z U LL LL LL LL LL LL LL LL LL LL LL W W W W W W W W W W W W a z z z z z z z z z z z n W W W W W W W W W W W Z m m m m m m m m m m m N 2 2 2 2 2 2 2 2 2 2 2 J J J J J J J J J J J O W W W W W W W W W W W Z o 0 0 0 0 0 0 0 0 0 0 LL Z Z Z Z Z Z Z Z Z Z Z d' < -Qi Q Q Q O O N M M W � M � M M O M O 7 O r ti CO O N M N r In N O O M r O M O N O M r O OJ � O I� N � r c0 V b W r b O U U y w W k O 'o w a m w d a a r r M m N O O c7 a N D U LU w Z CO 7 m m rn �_ N N 0 0 ro 0 m W O o co O M M c0 U Q U W 0 K W d W Z W W J U d J d U) x W W Z U co m O W CO � O N W Z U �.bj of V U K a Q Q w LU pbp O U Q co W U H a a LL W W U W I- Z z J W O W m Z �d LU w Q W ° Y O ° Z J a � n d (n LL D LL W M M O M O 7 O r ti CO O N M N r In N O O M r O M O N O M r O OJ � O I� N � r c0 V b W r b O U U y w W k O 'o w a m w d a a r r M m N O O c7 a N D U LU w Z CO 7 m m rn �_ N N 0 0 ro 0 m W O o co O M M c0 U Q U W 0 K W d W Z W W J U d J d U) x W W Z U co m O U) 0 J � z U) z cn Z o co m U Ow U o Z a o Q J 2 O U U O r a d w m a" bq m � J N W O �fl �.bj of V M O V C6 7 M L6 pbp O CL ¢ U 0 N � o a N W W U U r Z Q Z H o U) 0 J � z U) z cn Z o co m U Ow U o Z a o Q J 2 O U U O r a d w m a" W K a 0 U Z 2 LL `o a d N w d a a m � J O W CC M 2 O V V V V O W m Q 0 O CL ¢ U 0 N N o a N W W U U 2 Z Q Z H o Z LL J d w U W O o o W U W wa � CL (n LL O J O W K a 0 U Z 2 LL `o a d N w d a a Q O M N Z O U _Z 0 a U) Q U Z W 0 0 a ui W Z O O O O y w K 0 O W w 0-' U Z J J � a x O rn C9 ° W a w O F O C O W U Z) O w Z g `o a v d E a F CL w 0 z z w 2 IL O w W 0 z 7 0 O U 06 U_ 0 O z 0 U W 0 a A m � J O O N M to d V V V V O O m m 0 O M O U 0 N N N N N Q O M N Z O U _Z 0 a U) Q U Z W 0 0 a ui W Z O O O O y w K 0 O W w 0-' U Z J J � a x O rn C9 ° W a w O F O C O W U Z) O w Z g `o a v d E a F CL w 0 z z w 2 IL O w W 0 z 7 0 O U 06 U_ 0 O z 0 U W 0 a A F J O Z O 0 a O N 6 M a_ V O M O U 0 X X V U) m Q O M N Z O U _Z 0 a U) Q U Z W 0 0 a ui W Z O O O O y w K 0 O W w 0-' U Z J J � a x O rn C9 ° W a w O F O C O W U Z) O w Z g `o a v d E a F CL w 0 z z w 2 IL O w W 0 z 7 0 O U 06 U_ 0 O z 0 U W 0 a A F J Z M a O N 6 M a_ V O M O U N Z W O V K Q. 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U 2 U Z w U O H Q U lwi Z W z U W W CL U LLJ J w g p z 2 O O _Z LL j w J JQ m 0 a w a IL Y Y Y W r W z U Z Z Z (q F- J 0 z Z g w❑❑❑ Z O Q Z W 1 m� 0 0❑ w O z Z> a❑ J O z z z ~ Fw- H OJ Y 2 Y ❑❑❑ O a z z m a w w 0 0 0 0 O W w 2¢¢¢ 0 0 0 0 O D U U W Q. U a w LL w W co co M n N N O N O N W N N V N N (O (O O N O O N (O rn n N 7 M n n O n O V 0 7 N n 0) 0) c N Y z w 3 � U Q O _1 d U :a W >. O CL Z a p O C2 a Q N J O LU J � J W w 2 Q w0 Of U) Z C7 r co Q (o K CC J z r W Z a a y po Z a ER Z LL ❑ ❑ = O U LL d J a' W U¢ 2 O Q m Y Y H a (o co 0 LO ui \ L) § z cn LU \ ! Q o of > } (} o_ƒG 0 Ems %[ G §S2/ ®0 \ 0moo \\ � »)§ 3< U) LU fr LL _- ° mzmyf 0 0 ) \) t 0 CL CL _ ES»LUw /)0 w co co m E k(k \ § \ 2) § � / ) § \S\ 5§\ § \)\ \ §2#*§ «[ezo _ ) \§� \§ \ \ \(0) \\ co ( @ /\\ \0\ 33» § \\ §?2 §z §§ wZ0� /j\ § NP iz § r k � \� k ( k§ \ m §§$ z 0 w��_ w LU C) / z < ne ( w Cl) ( 2 ; !m£ f\ ®$® 0QCL2 ( UA \ ) k [ « / ( � 0 LO ( @ /\\ \0\ 33» § \\ §?2 §z §§ wZ0� /j\ § NP iz § r k � \� k ( k§ \ m §§$ z 0 w��_ w LU C) / z < ne ( w Cl) ( 2 ; !m£ f\ ®$® 0QCL2 ( UA \ ) k [ « / ( � DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 14.04, TO INCLUDE CHANGES AND ADDITIONS AS REQUIRED BY THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CONTAINED WITHIN THE MUNICIPAL REGIONAL PERMIT REGULATIONS RELATED TO THE DISCHARGE OF STORMWATER INTO THE STORMWATER COLLECTION SYSTEM RECOMMENDATION It is recommended that the City Council, by motion, waive reading and adopt an ordinance amending the South San Francisco Municipal Code, Chapter 14.04, to incorporate revised provisions required by California Regional Water Quality Control Board Municipal Regional Permit Regulations and to update requirements related to the discharge of stormwater into the stormwater collection system. BACKGROUND/DISCUS SION At its January 9, 2013 regular meeting, the City Council held a public hearing and introduced proposed revisions to its Municipal Code Chapter 14.04 ( "Stormwater Management and Discharge Control Ordinance ") for several reasons. The Municipal Regional Permit (MRP) is a region -wide permit with a different permit number than the previously issued county -wide permit. The MRP includes language that has been updated by the California Regional Water Quality Control Board, San Francisco Bay Region ( "Regional Water Board ") and the proposed ordinance changes reflect these updates. Revisions to the MRP also include new and added definitions that will be added to the ordinance. New regulations have been added that require Low Impact Development (LID) be implemented on all regulated projects and year -round stormwater runoff controls on construction projects rather than only during winter months. These changes are reflected in the attached ordinance in two ways. Items to be stricken from the ordinance are shown with a strikethrough and new and added items are double underlined. Minor language changes are also included as directed by the City Council during the January 9, 2013 public hearing. FUNDING No funding is necessary for the revision of Municipal Code Chapter 14.04. Staff Report Subject: AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 14.04, TO INCLUDE CHANGES AND ADDITIONS AS REQUIRED BY THE STATE WATER BOARD CONTAINED WITHIN THE MUNICIPAL REGIONAL PERMIT REGULATIONS RELATED TO THE DISCHARGE OF STORMWATER INTO THE STORMWATER COLLECTION SYSTEM. Page 2 of 2 CONCLUSION Staff recommends that the City Council waive reading and adopt the revisions to the South San Francisco Municipal Code, Chapter 14.04, by motion, to incorporate the changes required by Regional Water Board Municipal Regional Permit Regulations, and update requirements related to the discharge of stormwater into the stormwater collection system. By. Terry White Director of Public Works (, } Approved: v c Barry M. Nagel City Manager Attachments: Revised Municipal Code Chapter 14.04 - Stormwater Management and Discharge Control dated January 2013 ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTERS 14.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE DISCHARGE OF STORMWATER INTO THE STORMWATER COLLECTION SYSTEM WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City of South San Francisco ( "City ") is subject to the California Regional Water Quality Control Board ( "Regional Water Board ") Municipal Regional Permit; and WHEREAS, the Regional Water Board has modified the Municipal Regional Permit regulations regarding discharge of stormwater into the stormwater collection system; and WHEREAS, the City of South San Francisco Municipal Code ( "Municipal Code ") regulates stormwater management and discharge; and WHEREAS, modifications to the Municipal Code are required to comply with the provisions of the applicable Municipal Regional Permit. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 14.04 of the South San Francisco Municipal Code to read as follows (with text in strikeeut indicating deletion and double underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. Chapter 14.04 STORMWATER MANAGEMENT AND DISCHARGE CONTROL 14.04.020 Purpose and intent. The purpose of this chapter is to ensure the future health, safety and general welfare of the eity City of South San Francisco citizens by: (a) Eliminating nonstormwater discharges to the municipal separate storm sewer; -1- (b) Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than stormwater; (c) Reducing pollutants in stormwater discharges to the maximum extent practicable. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act. 14.04.030 Construction and application. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. ! 002 921 C A S612008 and any amendment, revision or reissuance thereof. 14.04.040 Definitions. Any terms defined in the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the Sstormwater Ddischarge )?permitting Pprogram issued by the Environmental Protection Agency on November 16, 1990 (as may from time to time be amended) as used in this chapter shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended: discharge, illicit discharge, pollutant and stormwater. These terms presently are defined as follows: "Authorized enforcement official" means when used in this chapter, the following city officials are authorized enforcement officials: Director of Public Works; Director of Economic and Community Development; Fire Chief, Chief Building Official; City Engineer; Fire Marshal; Assistant Fire Marshal; Superintendent of Water Quality Control plant and their authorized designees. "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to "waters of the United States." BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "City" means the City of South San Francisco. "City storm sewer system" means and includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, -2- manmade channels or storm drains, which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2. "Construction" means constructing, clearing, grading, or excavation that results in soil disturbance or has the outside exposure of construction material that has the + t l to discharge to the storm drain system. Construction also inrl „des structure demolition Construction does not include interior remodeling with no outside exposure of construction material or construction waste to stormwater or mechanical permit work "Dredged person or entity engaged in activities or operations facilities. which will or Spoils” in pollutants entering stormwater or means any materials removed from the ground or waterway that are taken by dredging authority is not or other as equipment processes to he repositioned. by others "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter the pollutants stormwater and/or non stormwater that are �dischargcd. "Discharger" means any person or entity engaged in activities or operations facilities. which will or may result in pollutants entering stormwater or the storm drain system. Discharger also means the owners of real property on which such activities operations or facilities are located• provided however that a local ove ent or public authority is not a discharger as to activities conducted by others in public ri hts of wa . "Illicit discharge" means any discharge to the city storm sewer system that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities. "N nstormwater discharge" means any daz a that is not entirely composed of stormwater. "NPDES" permit means National Pollutant Discharge, Elimination System (NPDE 1 Pe it for the discharge of stormwater runoff from the Municipal Separate Stolm Sewer Systems (MS4s) It is also referred to as the Municipal Regional Permit or (MRPI "NPDES Permit No AS612008" means the most current NPDF4 permit issued October 4. 2009 by the state Regional Water Quality Control Board It includes any revisions, extensions, changes, modifications or amendments adjustments alterations chan e r corrections to the on jnal permit "Pollutant" means dredged aRgil§ seil, solid waste, incinerator residue, filter backwash, sewage and wastewater, garbage, sewage sludge, munitions, chemical wastes, biological materials, (radioactive materials except those regulated under the Atomic Energy Act of equipment, rock, 3- sand, cellar dirt and industrial, municipal and agricultural waste discharged into water L140 C.F.R. 122.211. "Premises" means any building lot parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Redevelopment" means L replacement of imperviou includes. but.is not limited of a Structure' replaceme maintenance activity and surfaces uid- disturbing activity which results in the creation addition or s surface area on an already developed site Redevelopment to the expansion of a building footprint addition or replacement nt of impervious surface area that is not Hart of a routine L and disturbing achvihes related to structural or impervious "Regulated Project" means —a project development or site improvement that requires a building neimrt grading permit. or encroachment Hermit or that would be subject to these regulations and those of the NPDES discharge requirements " Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. >. I V. V." v ways access strips, Qoors or any other surface on the interior or exterior. "Wastewater" means the liquid and water - carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institution whether treated or untreated, which is contributed into nr nerm,ttaA o A ter the POTW win Ntormwater treatment requirements as specified in NPDES_ Permit NQ. rec612nnu are mandated for cert ain cate ories of new and redevelopment Iniects based upon the amount of impervious_ area created added or replaced by a project Stormwater treatment requirements shall apply to the following types of projects• development and redevelopment prgigd&-wecial land use categories, road projects and required site design measures for small protects and single family homes as determined by the Director of Public Works or his/her des mee. Treatment _RMP'c for rPgnhtc t o t L_„ project incomorate hydraulic sizing design criteria as specified in u shall NPDES Permit No CAS61200R to treat stormwater runoff. site design measures that include minimizing land disturbance and 04 1.7.a lrss� -= LLl U AMR All new development and redevelopment nroiects subject to plannin buildin development or other comparable reviews by the city. but not meeting the definition of a Regulated Project are encouraged to include adequate site design measures that include minimizing land disturbance and impervious surfaces These may include clusterin of -4- structures and pavement, directing roof runoff to vegetated areas use of micro detention including distributed landscaped -based detention of stormwater, pr Cervation of open space and/or restoration of rip pan areas or wetland as project 14 04.133 Site design and stqrnmatcr treat n,POt rP.mi r s regulated The Director of Public Works or his/her designee shall require ea_ r__h_ regnlateA project to implement at least the following design strategies onsite• (i) Limit disturbance of natural water bodies and drainage systems• minimize compaction of highly permeable soils• protect slopes and channels- and minimize impacts from stormwater and urban runoff on the biolo ical integrity of natural drains a systems and water bodies A. natural areas including existing trees other vegetation and soils iii) Minimize impervious surfaces; (iv) Minimize disturbances to natural drains es• and (v) Minimize stormwater runoff by implementing one or more of the following site design measures• • Direct roof runoff into cisterns or rain barrels for reuse • Direct roof runoff onto vegetated areas • Direct runoff from sidewalks walkways and /or patios onto ve etated areas. • Direct runoff from driveways and/or uncovered parking lots onto vegetated areas • Construct sidewalks walkways and/or patios with permeable surfaces • Construct driveways. bike lanes and /or uncovered Raddn-9 lots with permeable surfaces U04, 134 Low impact development (LID) reaujrement The pwose of LID is to reduce runoff and mimic a site's predevelopment hydrology by imrolementmg specific practices to control sources of potential pollution and site design strategies to treat stormwater. All Regulated Projects shall implement LID requirements as specified m NPDFS Permit No AS612008 14.04.135 Reauirement to rgmediate Whenever an authorized enforcement official finds that a di char e of pollutants is taking place or has occurred which will result in or has resulted in the discharge of pollutants to stormwater or to the storm drain system the official may require by written _notice to the owner or responsible person that the pollution be remediated and the affected proroertv restored within a specified time. The steps for remediation will follow the -5- reauirements and timelines set forth in the city's Enforcement Response Plan for Indu tria and Commercial S1 e Controls Illi cit Discharge Detection d >rr • a SLL Construction Site Control 4 136 Failure to correctly onerate and maintain ct rmwater tr atmp * Fa ities. (al It is a violation of this code for any land owner to fail to properly operate and maintain any approved stormwater treatment facilities and/or source control best management practices on the pwner'c nrnnert approved in writing by the authorized enforcement official and such modification is thereaft r recorded m the came manner as the original agreement. 14.04.140 Discharge of pollutants. The discharge of nonstormwater discharges to the city storm sewer system is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge other than NPDES Permit No. rt n CAS612008. 14.04.150 Exceptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in Section 14.04.060 above. (a) The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. (b) Discharges from the following activities will not be considered a source of pollutants to waters of the United States when properly managed EMP's as stated in NPDES Permit No CAS612008: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, infiltration to separate storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air , springs, individual residential car washings, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting, and any other exempted or conditionally exempted discharge in accordance with NPDES Permit No._ CAS612008 or any amendment revision or reissuance the ccccrd ngl r aia (c) Exemptions Not Absolute Any -discharge in this Section that is a si nifican t source of pollutantsan cause significant pollution to waters of the-United States shall -6- be prohibited from entering the storm drain system, or shall be subjected to a requirement to implement additional BMP's to reduce pollutants in the discharge to thQ maximum extent practicable Such prohibitions shall be effective on a schedule snecifiedbv authorized enforcement official in a written an notice to the discharger. The schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund procure construct and m ke appropriate BMP's operational. and fry 14.04.160 Discharge in violation of permit. Any discharge intQ the stormwater collection system that would result in or contribute to a violation of NPDES Permit No. r ^ ^c�cooiii2 � CAS612008, a copy of which is filed in the office of the City Clerk, and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge. (a) Specific Prohibitions: Prohibit the discharge of wastewater to storm drains generated from the installation cleaning treating and washin of the surface of copper architectural features, including coroner roofs to storm drain (b) Prohibit discharges to storm drains from pools spas and fountains that contain corner based chemicals 14.04.180 Reduction of pollutants in stormwater. Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply. (a) Littering. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City. Lids shall be kept closed on waste containers including—dumpsters, . 1 grease, tallow, and fry oil containers and other refuse receptacles-during stora e. except when it is necessary to add or remove waste Wastm, containers shall be kept in good 7- working order: they must not leak or cause spillage and have tight f—Ming covers that can be secured to prevent opening by wind or other acts of nature The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage. (b) All discharges of sanitary sewage and /or grey water or any mixtures thereo f m recreational vehicles mobile food vehicles mobile food carts motor homes campers trailers, etc. must be discharged to the sanitary sewer system Oc (b) Standard for Parking Lots and Similar Structures. Persons owning or operating a parking lot, gas station pavement or similar structure shall clean those structures or surfaces as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the city storm sewer system. (e) BMP's for New Developments and Redevelopments. Any gea min system All construction sites in the City shall implement year round effective control, run -on and runoff control, sediment control active treatment systems (as appropriate), good site management, and non stormwater management through all phases of construction (mcludin but not limited to site grading building and finishing of lots) until the site is stabilized by landscaping or the installation of permaneat erosion control measures. The Ddirector of public Wworks may establish controls on the volume and rate of stormwater runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. Le) (d) Notification of Intent and Compliance with General Permits. Each industrial discharger, discharger associated with construction activity, or other discharger, described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, the California Regional Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide notice of intent, comply with, and undertake all other activities required by any general stormwater permit applicable to such discharges. Each discharger identified in an individual NPDES or State General Construction Notice of Intent MI) permit relating to stormwater discharges shall comply with and undertake all activities required by such permit. Ifl (e) Compliance with BMP's. Where BMP guidelines or requirements have been adopted by any federal, state of California, regional and /or city agency, for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of nonstormwater to the stormwater -g- system, every person undertaking such activity or operation, or owning or operating such facility shall comply with such guidelines or requirements as may be identified by the Ddirector of public 3Mworks. All wash waters from surface cleaning shall be disnoced of into the sanitary sewer system or into suitable landscapin . (9) Source control measures for all new development nd redevelopment projects that are subject to Planning building development or other comparable review. These ounce control measures shall be included on re ulated proiects consistent with the NPDES permit• • Storm drain stenciling - No Dumping-Flows to Bav • Landscaping that minimizes irrigation and runoff promotes surface infiltration where Possible minimizes the use of pesticides and fertilizers and incorporates app ro Hate sustainable landscaping practices and programs such as Bay -Fri Landscaping. • pnropriate covers, drains and storage rorecautionLs-for outdoor material stora e areas, loading docks, repaivhm-aintenance bays and fueling areas • Covered trash, food waste and compactor enclosires. • Plumbing of !h-efolloying di char es to the sanitary sewer subject to the local sanitary sewer agency's authority and standards• L Discharges from indoor floor mat/eguipment/hood filter wash racks or covered outdoor was h racks for restaurants 2. Dumnster drips from covered trash and food compactor enclosures 3. Discharges from outdoor covered wash area for vehicles equipment and accessories. 4. Swimming Wool water, if discharge to onsite ve Ptated areas is not a feasible option. 5. Air conditioning condensate if discharge to onsite vegetated areas is not a feasible option. 6. Fire sprinkler test water, if discharge to onsite ye Ptated areas is not a feasible oration 14.04.200 Authority to inspect. _r__ -- any of . chapter, or whenever an au4herized enfereement effleial has r-easenabla Pause te believe viciht;nn ef the previgiong Rf thiq P; ` The City shall inspect when deemed necessary, the facilities and property of any user to ascertain whether the p=ose of this chanter is being met and all requirements are in cmmpliance Tthe official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that: (i) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (ii) if such building or 9- premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to: inspection random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of nonstormwater to the stormwater system, records examination and copvin2 or similar factors. (a) Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite. (b) Notification of Spills. As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the city storm sewer system, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall notify the city of the occurrence by telephoning 911 and confirming the notification by correspondence to the South San Francisco Water Quality Control Plant. (c) Requirement to Test or Monitor. Any authorized enforcement official may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and /or discharge of nonstormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and /or reports requested. 14.04.220 Penalty for violation. (a) If stormwater charges are delinquent for a period of sixty days, a penalty of ten percent of the amount owed for delinquent stormwater charges shall be imposed. If stormwater charges are delinquent for a period of one hundred twenty days, an additional penalty of one and one -half percent per month shall be paid. -10- (b) Any person violating a provision of this chapter failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 36900 of the Government Code. After a third conviction for a violation of the same provision any subsequent violations within a twelve -month period may be charged as a misdemeanor. icl (a) Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided. Violations of this chanter shall be enforced m follows- For the first violation the Director of Public Works or his/her designee upon determination that a violation of this chanter has occurred shall issue a written warning notice or notice of violation to the discharger specifying the violation and the appropriate penal lties m the event of future violations: or depending on the severity of the violation, may apply a fine for the initial violation Severity of the violation will consider the amount of gallons discharged, the toxicity of such discharge, and /or intent to discharge versus accidental discharges, (e) Thereafter, the following penalties shall apply f2)--A fine of two hundred dollars for the second violation that occurs following the lssuanCe Of a warning notice or notice of violations (3) A fine of five hundred dollars for the third violation that occurs following the issuance of a warning notice or notice of violation• (4)TFin�e cumulative and each day that a violation occurs shall constitute a separate violation. (fl Additional enforcement as deemed necess ry hall follow the element listed in the Enforcement Response Plan 14.04.270 Appeals. (a) Stormwater Project Coordinator. Any discharger affected by any decision, action or determination, including assessments and abatement orders, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the stormwater project coordinator a written request for review of such decision, action or determination, setting forth in detail the facts supporting the request no later than thirty (30) days after the date of the decision action or determination'r:ov —� The -11- (1) A fine of one hundred dollars for the first violation following the issuance of a warning notice or notice of violation- f2)--A fine of two hundred dollars for the second violation that occurs following the lssuanCe Of a warning notice or notice of violations (3) A fine of five hundred dollars for the third violation that occurs following the issuance of a warning notice or notice of violation• (4)TFin�e cumulative and each day that a violation occurs shall constitute a separate violation. (fl Additional enforcement as deemed necess ry hall follow the element listed in the Enforcement Response Plan 14.04.270 Appeals. (a) Stormwater Project Coordinator. Any discharger affected by any decision, action or determination, including assessments and abatement orders, made in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the stormwater project coordinator a written request for review of such decision, action or determination, setting forth in detail the facts supporting the request no later than thirty (30) days after the date of the decision action or determination'r:ov —� The -11- stormwater project coordinator shall complete the review and issue a written determination within ten days after receipt of the request, unless the director of public works or his/her designee reasonably extends the time thereof. (b) Written Appeal to Director of Public Works or his/her Designee. The stormwater project coordinator's original decision, action of determination, and action taken after review may be appealed to the director of public works or his/her designee by the discharger affected by filing a written appeal with the director of public works or his/her designee within ten days after the notice of the decision of the stormwater project coordinator. The written appeal shall specify what is being appealed and state all pertinent aspects of the matter. Within thirty days after the written appeal is filed, the director of public works or his/her designee shall hold a hearing. Notice of the hearing shall be served personally or by registered or certified mail return receipt requested, at least ten days before the hearing. Service may be made upon any agent or officer of a corporation. (1) At the time and place designated in the notice, the director of public services or his/her designee shall hear and consider all relevant evidence. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but hearsay evidence shall not be sufficient by itself to support a finding unless it would be admissible over objections in civil actions in courts of competent jurisdiction in this state. The discharger may represent itself or be represented by anyone of its choice. The hearing may be continued from time to time. (2) Within ten days after the conclusion of the hearing, the director of public works or his/her designee shall render a written decision and where applicable an order of abatement. This decision shall set forth the factual findings made by the director of public works, the conclusion reached, any abatement or adjustment in assessments required and the date by which such abatement shall occur. (3) A successful appeal by the applicant, with respect to the correction of stormwater charges, requires the applicant to pay the charges as billed in total. The city will then reimburse the taxpayer for any overpayments. (c) Written Appeal to the City Council. Any person shall have a right to appeal any determination made pursuant to any authority provided by this code, to the city council, in order to exhaust administrative remedies, by filing with the city clerk a written notice of such appeal. Incorporated herein by reference, and applicable to this chapter herein, is the appeals process lawfully enacted by Chapter 1.28 of this code. -12- SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. s Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the _ day of 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _ day of , 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk — Krista Joy Martinelli 13- As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this _ day of , 2013. Pedro Gonzalez, Mayor -14- DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 14.08, TO ADD RECENT FEDERAL PRETREAMENT REQUIREMENTS RELATED TO THE DISCHARGE OF FATS, OILS, AND GREASE (FOG) AND DENTAL WASTES (DW) INTO THE SANITARY SEWER COLLECTION SYSTEM RECOMMENDATION It is recommended that the City Council, by motion, waive reading and adopt an ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to incorporate new provisions required by Federal Pretreatment Regulations to the discharge of Fats, Oils, and Grease (FOG) and dental wastes (DW) into the sanitary sewer collection system. BACKGROUND /DISCUSSION At its January 9, 2013 regular meeting, the City Council held a public hearing and introduced proposed revisions to Municipal Code Chapter 14.08 ( "Pretreatment Ordinance ") which had been initiated for several reasons. The California Regional Water Quality Control Board, San Francisco Bay Region ( "Regional Water Board ") mandates that the City update the Pretreatment Ordinance to bring it into compliance with changes to the Federal Pretreatment Regulations. Revisions to the Pretreatment Ordinance to incorporate the latest pretreatment requirements are considered non - substantial as long as the changes directly reflect the federal requirements. Consequently, the City is not required to obtain approval of the revised Pretreatment Ordinance from the Regional Water Board, however, the City must notify the Regional Water Board at least 45 days before implementing the revised Pretreatment Ordinance. Because the City is required to revise its Enforcement Response Plan, revisions were made to the Pretreatment Ordinance to make it consistent with the revised Fats, Oils, and Grease (FOG) portion of the Pretreatment Ordinance and was updated to reflect increased concern regarding FOG and the potential for FOG to cause Sanitary Sewer Overflows (SSOs). Lastly, the definitions section was improved to correspond to the Model Pretreatment Ordinance provided by the US EPA. In addition, organizational changes were made to the Pretreatment Ordinance, such as grouping the provisions by category (e.g., reporting, sampling, monitoring) to make the ordinance clearer and easier to enforce. Staff Report Subject: AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 14.08, FOR REVISIONS RELATED TO THE DISCHARGE OF FATS, OILS, AND GREASE (FOG) INTO THE SANITARY SEWER COLLECTION SYSTEM Page 2 of 2 The sections of the ordinance that are impacted are 14.08.030 Definitions and 14.08.210 General Discharge regulations. Section 14.08.570 is a new addition. These changes are reflected in the attached ordinance in two ways. Items to be stricken from the existing ordinance are shown with a strikethrough. New and added items are shown with a double underline. A date change is also included in the language as directed by the City Council during the January 9, 2013 public hearing. FUNDING No funding is necessary for the revision of Municipal Code Chapter 14.08. CONCLUSION Staff recommends that the City Council, by motion, waive reading and adopt the revised South San Francisco Municipal Code, Chapter 14.08, to incorporate updated provisions required by federal Pretreatment Regulations and to include requirements related to the discharge of FOG and DW into the sanitary sewer collection system. By: Terry White Director of ublic Works Approved: 4'1-r­ Barry M. Nagel City Manager Attachments: Proposed and revised Municipal Code Chapter 14.08 - Water Quality Control dated January 2013 ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 14.08 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING WATER QUALITY CONTROL WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City of South San Francisco ( "City ") is subject to federal pretreatment regulations; and, WHEREAS, the California Regional Water Quality Control Board mandates the revision of the city's pretreatment ordinance to bring it in line with federal regulations; and, WHEREAS, the City of South San Francisco Municipal Code ( "Municipal Code ") regulates water quality control; and, WHEREAS, modifications to the Municipal Code are required to comply with the provisions of the applicable federal pretreatment regulations. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 14.08 of the South San Francisco Municipal Code to read as follows (with text in strikeeat indicating deletion and double underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. Chapter 14.08 WATER QUALITY CONTROL 14.08.030 Definitions. "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended. "Amalgam separator" is a device that employs filtration, settlement. centrifugation or ion exchange to remove amalgam and its metal constituents from a dental office vacuum system before it discharges to the sewer. -1- "Amalgam waste" means and includes non - contact amalgam (amal am scrap that has not been in contact with the patieno; contact amalgam (including. but not limited to, extracted teeth containing amalgam); amalgam sludge cantur_ed by chairside trans vacuum pump filters, screens, and other amalgam trapping devices: used amalgam capsules: and leaking or unusable amalgam capsules. "Authorized representative" means: (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision - making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or designee. (4) The individuals described in subsections (b)(1) through (b)(3) may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. "Best management practices" BMP's mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States and to implement the discharge prohibitions set forth in Section 14.08.210. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at -2- twenty degrees centigrade expressed in terms of weight and concentration as milligrams per liter. "Categorical industrial user" means an industrial user subject to a categorical pretreatment standard or categorical standard. heat. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. "Chemical oxygen demand (COD)" means the equivalent quantity of oxygen utilized during oxidation of organic and inorganic matter in wastewater under the conditions of the COD test described in standard methods, expressed in milligrams per liter. "City" means the city of South San Francisco. "Contamination" means impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. "Daily maximum" means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. "Daily maximum limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. "Department of environmental services" means the San Mateo County department of environmental services, or any successor. "Discharge" means the direct or indirect introduction of pollutants or wastewater into the POTW or the waters of the state. "Domestic or residential premises" means a single - family, duplex or multiple - family dwelling. "Environmental Protection Agency (EPA)" means the U.S. Environmental Protection Agency, or one of its duly authorized officials. -3- "Existing source" means any source of discharge that is not a new source. "Garbage" means solid wastes from the preparation, cooking and dispensing of foods, and from the handling, storage and sale of produce. "Properly ground garbage" is the waste from the preparation, cooking and dispensing of foods which have been ground to such a degree that all particles may be carried freely under the flow conditions normally prevailing in public sewers. "Grab sample" means a sample which is taken from a waste stream on a one -time basis with no regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes. "Grease" means greases, oils, fats, fatty acids, waxes, soaps or other matter which is so determined in accordance with the standard methods examination for grease in polluted waters. "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum -pump tank trucks. "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, into the POTW (including holding tank waste discharged into the system). "Industrial user" means a source of indirect discharge. "Industrial waste" means the gaseous, liquid and solid wastes from any producing, manufacturing or personal service industries, or from any processing operation of whatever nature, including the washing of vehicles, machines and equipment. "Inflow" means water other than wastewater that enters a sewer system from sources, such as but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, for drainage. Inflow does not include, and is distinguished from, infiltration as defined in 40 CFR 35.2005. "Instantaneous limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, causes or threatens to cause a violation of the POTW's NPDES permit or prevents sewage sludge use or disposal in compliance with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the -4- Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. "ISO 11143" is the International Or eanization for Standardization's standard for amaleam separators. "Local limit" means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b) and Section 14.08.210. "Mass emission rates" means pounds per day in waste or waste discharge of designated materials. water, or into the groundwater. "Medical waste" means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. "Moderate industrial user" means an industrial user who is not a significant industrial user yet requires periodic inspection and/or monitoring to verify compliance with current local limits. "Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "Monthly average limit" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month. "National pollution discharge elimination system (NPDES) permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean or other body of surface water, or into the groundwater. "New source" means any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards pursuant to Section 307(c) of the Act which will be applicable to such source if such standards are promulgated, provided that: (1) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to 5- which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (2) or (3) but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (1) Begun, or caused to begin, as part of a continuous onsite construction program: (A) any placement, assembly or installation of facilities or equipment; or (B) significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (2) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection. "Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. "Pass through" means discharge through the POTW to waters of the United States which, alone or in conjunction with discharges from other sources, causes or threatens to cause a violation of the POTW's NPDES permit. "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. "Pollutant" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, industrial wastes, municipal wastes or agricultural wastes discharged into water. "Pollution" means the manmade or man- induced alteration of the chemical, physical, biological or radiological integrity of water. -6- "Pretreatment" or "treatment" means 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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). "Pretreatment program" means a program to protect the POTW, its workers and the environment from adverse impacts that may occur when hazardous or toxic wastes are discharged into the POTW. "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user. "Pretreatment standards" includes categorical pretreatment standards, prohibited discharge standards, and local limits. "Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against the discharge of certain substances which are set forth in Section 14.08.210. "Publicly owned treatment work (POTW)" means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the cities of South San Francisco and San Bruno. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes and other conveyances that convey wastewater to a treatment plant. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the plant from persons outside the city, who are, by contract or agreement with the city, users of the city's POTW. "Sanitary sewage" means domestic or domestic -like sewage. "Sewage" (see wastewater) means water - carried and liquid wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present, or any combination of such wastes and waters. "Sewer" means a pipe or conduit for carrying water, sewage and/or wastewater; and the following: (1) "Building sewer" means a sewer conveying wastewater from the premises of a user to a public sewer. (2) "Public sewer" means a sewer which is controlled by the city or other public agency. 7- (3) "Sanitary sewer" means a sewer for domestic, commercial and industrial waste to which stormwaters, surface waters and groundwaters are not intentionally admitted. (4) "Side sewer" means a sewer conveying the wastewater of a discharge from a residence, building or other structure to a public sewer, including direct connections where permitted. (5) "Storm sewer" means a sewer which carries storm and surface waters but from which sewage and polluted industrial, commercial and institutional wastes are required to be excluded. "Significant industrial user" means: (1) All categorical industrial users; (2) Any noncategorical industrial user that: (A) discharges an average of twenty - five thousand gallons or more per day of process wastewater to the POTW; or (B) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (C) has a reasonable potential, in the opinion of the city, to adversely affect the POTW's operation (i.e., inhibition, pass through of pollutants, sludge contamination, or endangerment of POTW and collection system workers) or for violating any pretreatment standard or requirement. (3) The city may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a SIU on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: (1) The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; (2) The industrial user annually submits the certification statement required in Section 14.08.200(e)(2), together with any additional information necessary to support the certification statement; and (3) The industrial user never discharges any untreated concentrated wastewater. "Slug load" or "slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 14.08.210 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions. M "Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or any successor. "Standard methods" means the latest EPA - approved edition of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by American Public Health Association, American Water Works Association, and the Water Pollution Control Federation on methods deemed equivalent by the superintendent and the Regional Water Quality Control Board, San Francisco Bay Region, herein referred to for definitions, laboratory procedures of analysis, tests (including test samples) and measurements. "Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom. "Superintendent" means the superintendent of the POTW who is charged with certain duties and responsibilities by this chapter, or the superintendent's authorized representative. "Total suspended solids" or "suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33 U.S.C. 1317) or other acts. "Upset" means an incident in which one or more pollutants cause the removal efficiency for a treatment process at the POTW to be dramatically reduced. "User" means any person who discharges, causes or permits the discharge of wastewater into the POTW, including, but not limited to, industrial users. "Waste" means all waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, personal service industry, or processing operation of whatever nature. "Wastewater" means the liquid and water - carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW. "Wastewater discharge permit" or "permit" means an SIU permit, a moderate industrial user permit or other permit issued to a user pursuant to this chapter. "Water quality control plant" means that portion of the POTW which is designed to provide treatment of wastewater. 9- "Waters of the state" or "watercourse" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. 14.08.210 General discharge regulations -Fats, Oils and Grease. (c) Fats, Oils and Grease. (1) It is unlawful for any person to dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, by discharge into any public or private sanitary sewer, by discharge into any storm drainage system, or by discharge to any land, street, public way, river, stream or other waterway. (2) The owner of every newly constructed, remodeled, or converted commercial or industrial facility with one or more grease generating activities, including food service facilities with new or replacement kitchens, for which a building permit application is submitted on or after January 1, 2010, shall install or cause to be installed a grease interceptor for each grease generating activity, of a size equal to or greater than the minimum size meeting the definition of "grease interceptor," as defined in the currently adopted edition of the Uniform Plumbing Code. In no case shall any grease interceptor flow less than twenty gallons per minute (gpm). The installation of new garbage disposals in any commercial or industrial facility is prohibited. (3) The owner of every commercial or industrial generator of grease, including food service facilities, serviced by a sewer collection line found to have a grease blockage, a history of grease blockage, or accelerated line maintenance resulting from grease disposal, shall install or cause to be installed a grease removal device upon notification by the superintendent. If heavy solids accumulate causing a sewer blockage or accelerated line maintenance, the commercial or industrial generator shall remove any garbage disposal upon notification by the superintendent. (4) All grease removal devices shall be installed on the premises where grease is used or generated and shall be sized in conformance with the then currently adopted edition of the Uniform Plumbing Code. The contents of all grease removal devices shall be removed periodically as necessary to prevent violations of this chapter. At a minimum, the contents shall be removed every six months. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation. A log of all grease removal activities shall be maintained at the facility showing the date of removal, the amount removed and the disposition of the removed contents. The log shall be retained for a period of three years, and shall be available for inspection by city inspectors upon request. -10- (5) Grease emulsifiers or enzymes are prohibited for use in grease interceptors or traps. Grease emulsifiers, enzymes, bacteria or any other additive in any physical state solid, viscous, liquid, gas or combination thereof) to aid in the eradication breakdown . decomposition, decay, removal or transformation, by any other non mechanical means of -10- grease removal are prohibited March following 1. 2013 for use in crease interceptors. tram or any other crease removal, reduction, an ISO section elimination, test methodology, eiection, amalgam expulsion, or discharge device device or devices Mechanical cleaning is the only allowed must means of grease removal_ eradication and or reduction. that smaller units from the same certified No exception or exemptions shall The amalgam be permitted without prior written approval from the City Water actual Quality the related Proposal of a non ISO 11143 Control plumbing Plant Superintendent. separator an automatic flow bypass. For facilities that require an Superintendent is not permission to install or use said device. a) Dental Amalgam Separators• (1) Dental facilities that discharge to the sanitary sewer shall install a 1999 or later edition ISO 11143 certified amalgam separator device for each dental vacuum suction system on or before July 31. 2013. All dental facilities that are newly constructed on and after the The March following 1. 2013 types of dental shall of ISO install are exempt an ISO section 11143 test methodology, certified amalgam separator device to the dental vacuum system before the facility can operate or conduct business The installed device must be ISO 11143 that smaller units from the same certified as capable of removing a minimum of 95 percent of amalgam. The amalgam separator system shall Alternative be certified at flow rates comparable to the flow rate of the actual vacuum suction system operation Neither the separator device nor the related Proposal of a non ISO 11143 plumbing shall include separator an automatic flow bypass. For facilities that require an amalgam separator that The exceeds following the practical types of dental capacity of ISO practice are exempt 11143 section provided test methodology, that removal a non - certified than 2 days separator will (2) Periodontics: be accented, provided that smaller units from the same manufacturer and of the same technology are ISO - certified Alternative materials and methods may be proposed to the superintendent for approval Proposal of a non ISO 11143 certified amalgam separator to the Superintendent is not permission to install or use said device. (2) LI1 The following No types of dental rinse chairside practice are exempt from this section provided amalgam that removal or placement of amalgam fillings occurs at the facility no more than 2 days per year: (1) Orthodontics; (2) Periodontics: (3) Oral and maxillofacial surgery (d) Radiology: (5) Oral roathology or oral medicine: (6) Endodontistry and nrosthodontisrry 1 Dental BMPs: (2) Amalgam waste shall be stored_ and managed in accordance with the instructions of the recycler or hauler of such materials (3) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation. certification, and maintenance records shall be available for immediate inspection upon request by the Superintendent or his/her desi nee during normal business hours. (4) Only pre- capsulated dental amalgam is permitted. -11- LI1 No person shall rinse chairside traps vacuum screens or amalgam separators equipment in a sink or other connection to the sanitary or storm sewer. (2) Amalgam waste shall be stored_ and managed in accordance with the instructions of the recycler or hauler of such materials (3) Amalgam separators shall be maintained in accordance with manufacturer recommendations. Installation. certification, and maintenance records shall be available for immediate inspection upon request by the Superintendent or his/her desi nee during normal business hours. (4) Only pre- capsulated dental amalgam is permitted. -11- 5) All dental facilities shall use current and proper BMPs while handling amalgam. (6) Bleach and other chlorine - containing disinfectants shall not be used to disinfect the vacuum line system. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the day of 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _ day of , 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 12- ATTEST: City Clerk — Krista Joy Martinelli As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this day of 52013. Pedro Gonzalez, Mayor 13- Staff Reii3ort DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Kathy Mount, Human Resources Director SUBJECT: RESOLUTION APPROVING THE CHANGE OF ADMINISTRATOR FOR THE CURRENT VOLUNTARY EMPLOYEES BENEFICIARY ASSOCIATION (VEBA) PLAN AND AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW PLAN DOCUMENT WITH GENESIS EMPLOYEE BENEFITS, INC. RECOMMENDATION It is recommended that the City Council adopt a resolution approving the change of provider for the City's Voluntary Employees Beneficiary Association Plan (VEBA) from OptumHealth Financial Services to Genesis Employee Benefits, Inc., and authorize the City Manager to execute a new plan document with Genesis Employee Benefits, Inc. BACKGROUND Before moving to the City's current ICMA Retirement Health Savings Plan (RHS) in 2005, a Voluntary Employees Beneficiary Association (VEBA) Trust was established to permit employees to accumulate earnings on a pre -tax basis during their working years to pay for post- retirement benefits. Under the federal Internal Revenue Code health care payments made from a VEBA Trust are tax - exempt to the employee (retiree). From 2003 to 2005 twenty -two employees established and funded VEBA accounts with unused sick leave payouts. In 2005 the City closed the VEBA program to new enrollments and established a new Retirement Health Savings Plan (RHS) with ICMA to replace the VEBA program going forward. The VEBA Plan has been administered by OptumHealth Financial Services with the funds held in trust at Manufacturers and Traders Trust Company. In December 2012 OptumHealth Financial Services informed the City staff that it would no longer handle VEBA plans as administrator. Staff located a comparable plan with Genesis Employee Benefits, Inc, which would take over administration of the remaining VEBA accounts and redeposit the funds held into a new trust account with U.S. Bank National Association. In order to permit existing VEBA account holders to access their funds, the City will need to sign a plan document with Genesis Employee Benefits, Inc. and transfer all plan assets to the new bank in trust. FUNDING The VEBA Trust requires that all expenses for plan administration may be paid from funds deposited by employees, or on investment earnings from the trust, so no City expense will be incurred. It is recommended that the City Council approve the transfer of the administration of the VEBA funds to Genesis Employee Benefits, Inc. and authorize the City Manager to execute the plan document and other necessary documents to effect the change of administrator once they have been approved by the City Attorney. By: Yg Kathy Mount Human Resources Director Attachment: Resolution Approve : � C arry M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE CHANGE OF ADMINISTRATOR FOR THE CURRENT EMPLOYEES VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION (VEBA) PLAN TO GENESIS EMPLOYEE BENEFITS, INC. WHEREAS, staff recommends approval of the change in Voluntary Employees' Beneficiary Association (VEBA) plan administrator to Genesis Employee Benefits, Inc., and WHEREAS, the plan permits employees and retirees to continue accessing their existing VEBA accounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Genesis Employee Benefits, Inc as the VEBA administrator and authorizes the City Manager to execute the necessary plan documents to effect this change, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that Manufacturers and Traders Trust Company is hereby removed as Trustee of the California Government VEBA Health Savings Trust, effective upon the City Council's appointment of a Successor Trustee and the Successor Trustee's acceptance of appointment. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that U.S. Bank National Association is hereby appointed as Successor Trustee of the City of South San Francisco VEBA Health Savings Trust effective January 1, 2013. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that U.S. Bank National Association, as Successor Trustee, shall have no responsibility for any act or failure to act by the Previous Trustee prior to the date of the transfer of assets, and shall be accountable only for assets received by the Successor Trustee. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City of South San Francisco VEBA Health Savings Plan and Trust is amended and restated effective January 1, 2013. 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 , 2013 by the following vote: AYES: NOES: ABSTAIN: "a030140416 `1140416 ATTEST: 2026281.2 City Clerk Staff Report DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Kathy Mount, Human Resources Director SUBJECT: RESOLUTION APPROVING THE COMPENSATION PLAN FOR THE EXECUTIVE MANAGEMENT UNIT DATED JULY 19 2012 THROUGH JUNE 30, 2014 RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Compensation Plan (Plan) for the Executive Management Unit dated July 1, 2012 through June 30, 2014. BACKGROUND This Plan was negotiated within the parameters authorized by the City Council, and has been ratified by the unit's membership. Attached is the proposed Plan incorporating the agreed -upon terms and conditions of employment for the unit and a summary of the substantive terms of the Plan. FUNDING The Plan provides for a two year agreement, a 2% of base pay one time incentive payment effective following ratification of the Plan and approval by the Council; elimination of payouts for excess accrued vacation, administrative leave and discretionary holidays; and a hard vacation cap of two times annual vacation. Other provisions include the addition of uniform allowances as PERSable compensation to reflect current practice. CONCLUSION It is recommended that the City Council Approve the Plan for the Executive Management Unit dated July 1, 2012 through June 30, 2014. 7 ;7 By: Approved: Kathy Mount Barry M. Nagel Human Resources Director City Manager Attachments: Resolution Summary of Significant Plan Changes Compensation Plan RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE COMPENSATION PLAN FOR THE EXECUTIVE MANAGEMENT UNIT DATED JULY 1, 2012 THROUGH JUNE 30, 2014 WHEREAS, staff recommends approval of the Compensation Plan (Plan) for the Executive Management Unit dated July 1, 2012 through June 30, 2014; and WHEREAS, the Plan was prepared by the Human Resources Department, has been approved as to form by the City Attorney, and incorporates the agreed upon terms and conditions of employment for the Executive Management Unit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Plan for the Executive Management Unit dated July 1, 2012 through June 30, 2014. 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 , 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk City of South San Francisco Executive Management Unit Summary of Significant Changes to Compensation Plan January 23, 2013 10 Term: July 1, 2012 -June 30, 2014. 2, Off - Salary- Schedule Incentive Pay: Effective upon ratification by the unit and adoption by the City Council, each member of the unit shall receive a one -time two percent (2 %) PERSable incentive payment. This payment shall be based on the individual employee's annualized base rate of pay. 3. Benefits: For fiscal year July 1, 2012 through June 30, 2013 (year one), the medical benefits plans shall remain status quo. The medical plan advisory committee agrees to continue to meet as needed to explore alternatives to the City's existing Blue Shield plans. On or around December 1, 2012, the parties agree to open negotiations solely upon Article 4.1 "Benefits." There will be no changes to the medical plan in the second year of the contract without mutual agreement of the parties, except for any changes that are outside the control of the City. 4, Vacation Cap: Effective in January 2013, employees who have accrued more than two times their annual allotment of vacation will be cashed out for the amount over two times their annual allotment. Effective with the pay period ending July 5, 2013, no employee will accrue any vacation over two times the employee's annual accrual. There will be no cash payouts of excess vacation at any time after the last payout in January 2013. 5, Discretionary Holiday: A full -time regular employee shall be eligible for one 8 -hour holiday each year, in addition to the holidays observed by the City. Once accrued, this discretionary holiday will be used before vacation leave. The employee must take the discretionary holiday before the final pay period of the calendar year. An employee who has not used the discretionary holiday by that pay period shall forfeit the holiday. No cash payouts will be allowed after January 2013. 6. Administrative Leave: Administrative leave may not be carried forward from one fiscal year to the next. Any unused administrative leave will not be paid out. 7. MOU Clean -Up: Eliminate the use of "actual base hourly rate of pay" and "actual hourly rate of pay" and replace with "base" or "enhanced." 8. Uniforms: Subject to Department rules, safety employees may receive up to $1,000 per fiscal year for the purchase and maintenance of approved uniform items. This excludes items that are for personal health and safety such as protective garments and safety shoes. 91 Buy -up Dental Plan: Add language reflecting the option to buy -up to an enhanced dental plan that is currently available to employees. 10. Section 125 Medical Expense Plan: Effective January 1, 2013, the cap for the 125 Medical Expense plan shall be increased from $2,000 to $2,500 as allowed by federal law. City of South San Francisco Executive Management Unit Summary of Significant Changes to Compensation Plan January 23, 2013 Page 2 of 2 11. RHS: Unit employees may contribute to the Retirement Health Savings (RHS) Plan to the extent permitted under the City's existing RHS Plan policy. The City agrees to add RHS plan participation rules to the contract during the pendency of the contract, so long as the Unit decides how the RHS plan is to be structured for its members. Any decision by the Unit must comply with IRS regulations and provide for no cost to the City. The plan participation rules, if any, are to be structured through a side letter no later than July 1, 2013. T4 cay q South of� fa Compensation Plan for the Executive Management Unit July 1, 2012 to June 30, 2014 City of South San Francisco Compensation Plan for the Executive Management Unit July 1, 2012 through June 30, 2014 Table of Contents Article Title Page Preamble............... .................. . .................................................. I.,.................... 1 1 Executive Management Employees Defined ..................... ............................... 1 2 Compensation .................................................................... ............................... 1 2.1 Definitions .................................................................. ............................... 1 2.1.1 Base Pay ...................................................... ............................... 1 2.1.2 Enhanced Pay .............................................. ............................... 1 2.2 Salary .......................................................................... ............................... 1 2.3 Special Compensation ......................................... ... ...... I............................ 1 2.4 Off - Salary- Schedule Incentive Pay ............................ ............................... 1 3 Allowances and Reimbursements ...................................... .........I..................... 2 3.1 Vehicles and Vehicle Allowances ........................... ............................... 2 3.2 Executive Management Wellness Program ............. .................1............. 2 3.3 Education Expense Reimbursement Program ......... ............................... 2 3.4 Uniform Allowance for Safety Employees .................................. I.......... 2 4 Benefits .............................................................................. ............................... 3 4.1 Medical Insurance .................................................... ............................... 3 4.1.1 Available Medical Plans .............................. ............................... 3 4.1.2 Payment of Premium Costs ......................... ............................... 3 4.1.3 Effective Date of Coverage ......................... ............................... 3 4.1.4 Changes in Medical Insurance for Employees ........................... 3 4.1.5 Medical Plan Advisory Committee ............. ............................... 3 4.2 Dental Insurance ...................................................... ............................... 3 4.2.1 Core Dental Plan .......................................... ............................... 3 4.2.2 Calendar Year Maximum ............................ ............................... 3 4.2.3 Orthodontia .................................................. ............................... 3 4.2.4 Payment of Premium Costs ........................ ............. "I................ 3 4.2.5 Effective Date of Coverage ......................... ............................... 4 4.2.6 Buy -Up Dental Plan ........................................................ I........... 4 4.3 Vision Insurance ...................................................... ............................... 4 4.3.1 Available Plan .............................................. ............................... 4 4.3.2 Payment of Premium Costs ......................... ..I...........................1 4 4.3.3 Effective Date of Coverage ......................... ............................... 4 Page ii Article City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Title Page 4.4 Discretionary Benefit Option ....................................................... I.......... 4 4.4.1 Proof of Alternate Insurance... ....................... I ......... 4.................. 4 4.5 Life and Accidental Death and Dismemberment Insurance ................... 4 445.1 Term Life Value ................................................. I ... I................... 4 4.5.2 AD &D Value., ... I .................................................................. ** .... 4 4.5.3 Payment of Premium Costs ......................... .4............................. 4.5.4 Effective Date of Coverage ......................... ............................... 4 4 4.5.5 Supplemental Life Insurance ....................... .4............................. 4 4.6 Disability Insurance Programs ................................. ............................... 4 4.6.1 Short-term Disability ................................... ...........................4... 5 4.6.2 Long -term Disability ................................... ....4.......................... 5 4.6.3 Payment of Premium Costs ......................... ............................... 5 4.644 Effective Date of Coverage ......................... ..............4.......I........ 5 4.7 4.8 Section 457 Deferred Compensation Plan ............... ............................... Section 125 Flexible Benefit Plan ........................... ............................... 5 5 4.8.1 Group Insurance Premium Plan ............................ 4..................... 5 4.8.2 Health Care Reimbursement., ... I., ............. 4 ............................. 5 4.8.3 Dependent Care Reimbursement ................. ..................4............ 5 4.9 4.10 Deceased Employee Benefits .................................. ............................... Retired Employee Benefits ...................................... ............................... 5 5 4. 10.1 Group Medical Insurance for Qualifying Retirees .I ................... 5 4.10.2Medical After Retirement Account ( "MARA ") ............... a......... 6 4.10.3 Group Dental Insurance for Qualifying Retirees ......... "I............ 4.10AGroup Vision Insurance for Qualifying Retirees ........................ 6 6 4.11 Retirement Benefits ................................................. ............................... 6 4.11.1 Miscellaneous Employees ............................. ..I...............4............ 6 4.11.1.1 Employee Contributions to Retirement System ............. 6 4.11.1.2IRS Tax Exemption ......................... .....................4......... 7 4.11.1.3 Optional Public Agency Provisions . ............................... 7 4.11.1.3.1 Military Service Credit as Public Service.... 7 4.11.1.3.2 Unused Sick Leave Service Credit .............. 7 4.11.2 Safety Employees .......................................... a....4.......4................. 7 4.11.2.1 Optional Public Agency Provisions... .................... M ........ 4.11.2.1.1 Military Service Credit as Public Service.... 7 7 4.11.2.1.2 Third Level 1959 Survivor Benefits ............ 7 4.11.2.1.3 Unused Sick Leave Service Credit ...4.......... 7 4.12 Retirement Health Savings (RHS) Plan ................... ............................... 7 4.12.1 Mandatory Employee Compensation Contributions.. " ...... 4......... 7 4.12.1.1 Tier 1 ............................................ ............................... 7 4.12.1.2 Tier 2 ............................................ ............................... 7 4.12.2 Mandatory Employee Leave Contributions .... ........ I., ................. 7 4.12.2.1 Tier 1 ............................................ .......................1....... 7 City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Page iii Article Title Page 4.12.2.2 Tier 2 ............................................ .....4.........I............... 8 4.12.3Mandatory Excess Wellness Benefit Contribution ...................... 8 4.12.4 RHS Plan Participation Rules .....4 ................ ....4......4.........41........ 8 5 Holidays ............................................................................. ...........4.....4............. 8 5.1 Observed Holidays .................................................. ............................... 8 5.1.1 Full -day Holidays .......................................... ..........4.................... 8 5.1.2 Half -day Holidays ......................................... ............................... 8 5.2 National Day of Mourning or Celebration .............. ............................... 8 5.3 Discretionary Holiday .............................................. ...............4............... 8 6 Leaves ................................................................................ ............................... 9 6.1 Vacation ................................................................... ...........................4... 9 6. 1.1 Vacation Accrual Rates ................................ ............................... 9 6.1.2 Vacation Accumulation.., .................................. I., ..... I ............. 9 6.1.2.1 Prior to July 5, 2013 ................................. 4 ....... . ..... . ... .444. 9 6.1.2.2 Effective July 5, 2013 ....................... 4.............................. 9 62 Administrative Leave ............................ .........................4..... 4................. 9 6.2.1 Administrative Leave for New Employees ........... 4 ...... 4 .......... 44... 9 6.2.2 Supplemental Administrative Leave.., .................................... 9 6.3 Medical Appointment Leave ................................... ...................4........... 10 6.4 Sick Leave ................................ ............................... .......11.1.1.................. 10 6.4.1 Amount of Sick Leave .................................. ............................... 10 6.4.2 Maximum Paid Sick Leave Time ................................. I.............. 10 6.5 Sick Leave as Family Care Leave ( "Kin Care") ...... ............................... 10 6.6 Sick Leave Management Policy .............................. ............................... 10 6.7 Bereavement Leave ................................................. ............................... 10 6.7.1 Definition of Family Member for Bereavement Leave ................ 10 6.7.2 Leave Within California ................................ ............................... 10 6.7.3 Leave Outside California.... ................................................ I.., ..... 11 6.8 Industrial Injury or Illness Leave ............................ ............................... 11 6.8.1 Miscellaneous Employee Industrial Injury or Illness Leave Amounts.......... .... ..... . .... ... ...... ..... .............. . ....... I.,........................ 11 6.8.2 Safety Employee Industrial Injury or Illness Leave Amounts..... 11 6.8.3 Workers' Compensation Disability Payments ............................. 11 6.8.4 Separation from City Employment as a Result of a Work - related Injury or Illness ................................. ............................... 11 6.9 Military Leave ......................................................... ............................... 11 6.10 Short-term or Long -term Disability Leave .............. ............................... 11 6. 10.1 Insurance Premiums ........................................................... I.,....... 11 6.10.2Extending Leave ............................................ ............................... 11 6.10.3 Separating an Employee on Leave ................ . .......................... 1.,. 12 6.11 Notification Procedures ........................................... ............................... 12 6.12 Separation Benefits .................................................. ............................... 12 Page iv Article 7 K I.1 City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Title Page 6.12.1 Payment of Unused Accrued Vacation Leave ............................ 12 6.12.2 Payment of Unused Accrued Sick Leave .... ............................... 12 Recreation Facilities and Classes ....................................... ............................... 13 7.1 Admission to Classes ................ ............................... ...111.1....................... 13 7.2 Use of Facilities ....................................................... ...................4........... 13 Administration of Compensation Program ...................................... I................ 13 8.1 Administering Program ........................................... ............................... 13 8.2 Imposing Leave ....................................................... ............................... 13 8.3 Conflicts with Laws ................................................. ............................... 13 Term of Compensation Program ........................... . ...................... M.. ........... I...... 13 Signatures............................................ ............................... ....4......4..................4 13 Appendix A. Executive Management Classifications ...... ............................... 14 Appendix B. Salary Schedule — July 1, 2012 through June 30, 2014 .............. 15 City of South San Francisco Compensation Plan for the Executive Management Unit July 1, 2012 through June 30, 2014 Preamble This Executive Management Compensation Plan sets forth those salaries, benefits, and terms and conditions of employment for full -time regular employees in Executive Management that shall be in effect commencing with the original Agreement and continuing thereafter, unless modified by the City Council. Article 1. Executive Management Employees Defined Executive Management consists of all full -time regular employees in those positions in the exempt service of the City of South San Francisco as identified in Appendix A. This unit also includes such classifications as may be added to it by the City at a later date. Article 2. Compensation 2.1 Definitions - 2.1.1. Base Pay —Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 2.1.2. Enhanced Pay — Enhanced pay is base pay plus incentive pay /special compensation. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced rate of pay. 2.2. Salary —There will not be any across- the -board base salary increase during this contract. 2.3. Special Compensation —The City Manager has authority, in consultation with the City Council, to grant special compensation not to exceed 15% of base pay to unit members. Such special compensation as defined by PERL and attendant regulations may be granted based on unit members' special skills, knowledge, abilities, or work assignments. 2.4. Off-Salary- Schedule Incentive Pay — Effective upon the adoption of this agreement by the City Council, each unit member on the payroll at that time shall receive a one -time two percent (2 %) PERSable incentive payment. This payment shall be based on the individual employee's annualized base rate of pay. im City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Article 3. Allowances and Reimbursements 3.1 Vehicles and Vehicle Allowances— Executive Management employees may receive either a monthly automobile allowance of $200 or elect to have a City-owned vehicle assigned for use in lieu of a monthly automobile allowance, provided that such assignment is approved by the City Manager and that the employee agrees to such conditions as may be established regarding the assignment of a vehicle. Vehicle or vehicle allowances as of the date of the nrintina of this document are outlined as follows: 3.2 Executive Management Wellness Program —Each employee may participate in the Executive Management Physical Fitness Program, up to a maximum of $1,000 per fiscal year. This program may be used for health club membership, unreimbursed medical expenses, physical fitness equipment, etc. or an employee may undergo an annual, comprehensive multiphasic physical examination at the City's expense by a qualified medical facility. All health- related program reimbursement is determined and approved by the City Manager. The City will contribute any unused wellness monies up to $1,000 in July of each year in a manner consistent with Section 4.12.1 (RHS). 3.3 Education Expense Reimbursement Program —All employees are eligible to participate in this program. With approval by the City Manager, an employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of up to 50% of the costs, not to exceed $500 per fiscal year, for tuition, fees, and course materials. 3.4 Uniform Allowance for Safety Employees— Subject to Department rules, safety employees may receive up to $1,000 per fiscal year for the purchase and maintenance of approved uniform items. This excludes items that are for personal health and safety such as protective garments and safety shoes. Monthly Vehicle Allowance Vehicle Assistant City Manager and Director of Economic & Community Development . ............................... x Assistant to the City Manager ....... ............................... x Chiefof Police .............................. ............................... x Director of Human Resources ....... ............................... x Director of Finance ....................... ............................... x Director of Information Technology ............................ x Director of Parks & Recreation ..... ............................... x Director of Public Works .............. ............................... x FireChief ...................................... ............................... x LibraryDirector ............ . ......... . ........... I ...... ... ..... .......... x 3.2 Executive Management Wellness Program —Each employee may participate in the Executive Management Physical Fitness Program, up to a maximum of $1,000 per fiscal year. This program may be used for health club membership, unreimbursed medical expenses, physical fitness equipment, etc. or an employee may undergo an annual, comprehensive multiphasic physical examination at the City's expense by a qualified medical facility. All health- related program reimbursement is determined and approved by the City Manager. The City will contribute any unused wellness monies up to $1,000 in July of each year in a manner consistent with Section 4.12.1 (RHS). 3.3 Education Expense Reimbursement Program —All employees are eligible to participate in this program. With approval by the City Manager, an employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of up to 50% of the costs, not to exceed $500 per fiscal year, for tuition, fees, and course materials. 3.4 Uniform Allowance for Safety Employees— Subject to Department rules, safety employees may receive up to $1,000 per fiscal year for the purchase and maintenance of approved uniform items. This excludes items that are for personal health and safety such as protective garments and safety shoes. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Page 3 Article 4. Benefits 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: 4.1 Medical Insurance- 4.1.1 Available Medical Plans— Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the plans the City has with the carriers, subject to the terms and conditions of the City's contract with the providers. 4.1.2 Payment of Premium Costs —The City shall pay the equivalent of the HMO premium cost for employees and their dependents to the insurance provider for the plan selected by each employee. Employees enrolled in more expensive plans are responsible for any additional cost over the HMO rate of the provider of the plan elected based on that plan's 3- tiered rates (employee only, two or family). 4.1.3 Effective Date of Coverage —The effective date of medical 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 medical insurance carrier's contract for discontinuance of dependents no longer eligible for coverage. 4.1.4 Changes in Medical Insurance for Employees — Should the City determine that there ought to be an amendment in medical plan providers, such as adding, deleting, or changing providers, 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. 4.1.5 Medical Plan Advisory Committee —For fiscal year July 1, 2012 through June 30, 2013 (year one), the medical benefits plans shall remain status quo. The medical plan advisory committee agrees to continue to meet as needed to explore alternatives to the City's existing Blue Shield plans. On or around December 1, 2012, the parties agree to open negotiations solely upon Article 4.1. Medical Insurance. There will be no changes to the medical plan in the second year of the contract without mutual agreement of the parties, except for any changes that are outside the control of the City. 4.2 Dental Insurance- 4.2.1 Core Dental Plan — Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City's contract with the provider. 4.2.2 Calendar Year Maximum —The annual maximum benefit is $1,500. 4.2.3 Orthodontia —The lifetime maximum orthodontia benefit is $1,000 for eligible dependents. 4.2.4 Payment of Premium Costs —The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. =4 City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 4.2.5 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 month in which the employee is on paid status prior to separation from employment with the City. 4.2.6 Buy -Up Dental Plan — Subject to the terms and conditions of the City's contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 4.3 Vision Insurance- 4.3.1 Available Plan— Eligible employees and their dependents shall be provided vision insurance, including tint coverage, subject to the terms and conditions of the City's contract with the provider. 4.3.2 Payment of Premium Costs —The City shall pay the premium costs for employees and their dependents to the insurance provider. 4.3.3 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. 4.4 Discretionary Benefit Option —An employee may elect to receive $550 per month in deferred compensation monies in lieu of medical, dental, and vision benefits through the City. 4.4.1 Proof of Alternate Insurance —The employee must provide proof of alternate medical insurance and will be held responsible for maintaining his or her own medical insurance benefits through the alternate source. 4.5 Life and Accidental Death and Dismemberment Insurance- 4.5.1 Term Life Value— Subject to the terms and conditions of the City's contract with the provider, the amount of Life Insurance benefit for employees is $50,000. 4.5.2 AD&D Value— Subject to the terms and conditions of the City's contract with the provider, the maximum amount of Accidental Death and Dismemberment Insurance benefit available for employees is $50,000. 4.5.3 Payment of Premium Costs —The City shall pay the premium costs for employees to the insurance provider. 4.5.4 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. 4.5.5 Supplemental Life Insurance — Employees may purchase additional life insurance at their own cost, subject to the terms and conditions of the plan. 4.6 Disability Insurance Programs— 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 disability. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 4.6.1 Short -term Disability —After a 20 -day waiting period, an 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 amount, until LTD benefits begins. 4.6.2 Long -term Disability --After a 90 -day waiting period, an 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 amount. 4.6.3 Payment of Premium Costs —The City shall pay the premium costs to the insurance providers. 4.6.4 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. 4.7 Section 457 Deferred Compensation Plan — Subject to the terms and conditions of the City's Deferred Compensation Plan, employees are eligible to participate in the IRS defined Section 457 plans available to City employees. 4.8 Section 125 Flexible Benefit Plan — Subject to the terms and conditions of the City's plan and the governing laws relating to Flexible Benefit Plans, each employee may participate in any or all of the plan's three (3) components. Section 125 benefits are available for employees and their dependents as defined by the U.S. Tax Code. 4.8.1 Group Insurance Premium Plan — Participants may elect to pay premium contributions for employee and/or dependent coverage under the City's health care plans on a pre -tax basis. 4.8.2 Health Care Reimbursement — Participants may set aside salary of up to $2,000 ($2,500 effective 1/1/2013) per year on a pre -tax basis to be used to pay their qualified out -of- pocket unreimbursed health care expenses. 4.8.3 Dependent Care Reimbursement — Participants may set aside salary of up to $5,000 per year on a pre -tax basis to pay for their qualified dependent care expenses. 4.9 Deceased Employee 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 all the following conditions are met: • the employee must be enrolled in the plan prior to the qualifying event; • there is no cost to the City; • the provider does not require a City contribution; and • the City is held harmless if the coverage is discontinued. 4.10 Retired Employee Benefits- 4.10.1 Group Medical Insurance for Qualifying Retirees —An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CaIPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from Ca1PERS and returns to active service with a CaIPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 4.10.2 Medical After Retirement Account ( "MARA') –An employee who was hired after April 24, 2010, will receive City contributions of one and one -half percent (1.5 %) of such an employee's base salary toward a Medical after Retirement Account (e.g. VEBA or similar City- sponsored plan). 4.10.3 Group Dental Insurance for Qualifying Retirees —An employee may elect to continue his or her City- sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with Ca1PERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 4.10.4 Group Vision Insurance for Qualifying Retirees —An employee may elect to continue his or her City- sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 4.11 Retirement Benefits —The benefit contract in effect between the City and the Public Employees' Retirement System (PERS) on behalf of employees of this unit shall be continued during the term of this Agreement. 4.11.1 Miscellaneous Employees — Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor's Insurance and the State Public Employees' Retirement System (PEAS) Miscellaneous Employees' 2.7% at age 55 Plan with one -year final compensation. New hires after April 24, 2010 will be provided Miscellaneous Employees' 2% at age 60 plan with three -year final compensation. 4.11.1.1 Employee Contributions to Retirement System —The rate prescribed by the Social Security Act for employee contributions shall be deducted from the employee's pay by the City. The rate prescribed by the Public Employees' Retirement Law (PERL) for employee contributions shall be deducted from the employee's pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. The current amount is 8% of PERSable income for Miscellaneous 2.7 % @55 and 7% for Miscellaneous 2 %@ 60 employees. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Page 7 4.11.1.2 IRS Tax Exemption —The City has an exemption from the Internal Revenue Service, granting a deferral from federal withholding taxes of that portion of the employee's contribution to PERS. This exemption is for all miscellaneous employees who receive the exemption. 4.11.1.3 Optional Public Agency Provisions - 4.11.1.3.1 Military Service Credit as Public Service —An employee may purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. 4.11.1.3.2 Unused Sick Leave Service Credit — Credit for unused sick leave. 4.11.2 Safety Employees— Safety employees will participate in the Public Employees' Retirement System (PERS) Local Safety Members 3% at age 50 Formula with one -year final compensation, as set forth in PERL. New hires after April 24, 2010 will be provided Safety Employees' 3% at age 55 plan with three -year final compensation. The current employee contribution is 9% of PERSable income. 4.11.2.1 Optional Public Agency Provisions - 4.11.2.1.1 Military Service Credit as Public Service —An employee may purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. 4.11.2.1.2 Third Level 1959 Survivor Benefits— Survivor benefits for members who are not covered by Social Security. 4.11.2.1.3 Unused Sick Leave Service Credit -- Credit for unused sick leave. 4.12 Retirement Health Savings (RHS) Plan— Effective July 1, 2005, Executive Management Unit employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. This provision shall apply solely to members of the Executive Management unit. This provision shall not be deemed a benefit for those individuals who are not members of this unit but whose benefits are based on this unit. 4.12.1 Mandatory Employee Compensation Contributions —The City will make mandatory contributions of employee compensation to the RHS plan as follows: 4.12.1.1 Tier 1 (employees born before July 1, 1953) — Reduction of salary of $200 per pay period to be deposited into the RHS plan. 4.12.1.2 Tier 2 (born on or after July 1, 1953) — Reduction of salary of $50 per pay period to be deposited into the RHS plan. 4.12.2 Mandatory Employee Leave Contributions —All employees shall contribute accrued leave to the RHS plan as follows: 4.12.2.1 Tier I (employees hired before 1984 or born before July 1, 1953) — Annual payout of 100% of Unused Accrued Administrative Leave, and 100% of Excess Unused Accrued Vacation Leave. At retirement or separation, payment of 100% of Unused Accrued Sick Leave, 100% of Unused Accrued Administrative Leave, and 100% of Unused Accrued Vacation Leave. M City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 4.12.2.2 Tier 2 (employees hired after 1983 or born on or after July 1, 1953) — Annual payout of 100% of Unused Accrued Administrative Leave. At retirement or separation, payment of 100% of Unused Accrued Sick Leave, 100% of Unused Accrued Administrative Leave, and 50% of Unused Accrued Vacation Leave. 4.12.3 Mandatory Excess Wellness Benefit Contribution — Annual payout of 100% of unused Executive Management Wellness Benefit pursuant to Section 3.2. 4.12.4 RHS Plan Participation Rules —The City agrees to add RHS plan participation rules to the contract during the pendency of the contract, so long as the Unit decides how the RHS plan is to be structured for its members. Any decision by the Unit must comply with IRS regulations and provide for no cost to the City. The plan participation rules, if any, are to be structured through a side letter no later than July 1, 2013. Article 5. Holidays 5.1 Observed Holidays - 5.1.1 Full -day Holidays —The City shall observe the following full -day holidays. January1 ...................................... ............................... ThirdMonday in January., ......................................... Third Monday in February .......... ............................... LastMonday in May ....... . .................. I ..................... 1. July4 ... ................ . ..... . ..... . ......................... 4................ First Monday in September........... 4 ............................ Second Monday in October ......... ............................... November11 ............................... ............................... Fourth Thursday in November .... I ...............I.............. Friday following Fourth Thursday in November ....... December25 .............................................. 4................ New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Columbus Day Observed Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day 5.1.2 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 5.2 National Day of 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 the Council 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. 5.3 Discretionary Holiday —An employee shall be eligible for one 8 -hour holiday each year, in addition to the holidays observed by the City. Once accrued, this discretionary holiday should be used before vacation leave. An employee must take the discretionary holiday before the last payperiod of the calendar year. An employee who has not used City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 the discretionary holiday by that payperiod in 2012 shall be compensated for the unused holiday at the employee's actual hourly rate of pay in January 2013. Beginning in 2013, an employee who has not used the discretionary holiday before the last pay period of the calendar year shall forfeit the unused holiday. No cash payouts will be allowed after January 2013. Article 6. Leaves 6.1 Vacation —All employees shall be eligible to earn and be granted vacation leave. 6.1.1 Vacation Accrual Rates —Each employee shall accrue vacation hours in accordance with the following accrual rate schedule. Payperiod Annual Length of Service Accrual Rate Accrual I't through 4t' years, inclusive 4.62 hours 15 days 5a' through 14a' years, inclusive 6.16 hours 20 days 15s' through 20 years, inclusive 7.69 hours 25 days 25th and succeeding years 9.23 hours 30 days 6.1.2 Vacation Accumulation - 6.1.2.1 Prior to July 5, 2013 —An employee may accumulate up to 2 times the annual accrual rate of vacation hours. An employee who has accrued more than that amount will be compensated for the excess in January 2013 in a manner consistent with Section 4.12.1 (RHS). There will be no further payouts of excess vacation accumulation after the last payout in January 2013. 6.1.2.2 Effective July 5, 2013 —An employee may accumulate up to 2 times the annual accrual rate of vacation hours. Once an employee has accumulated 2 times the annual accrual, no fitrther vacation leave will accrue until the pay period after the vacation balance has been reduced below the two -year cap. 6.2 Administrative Leave —Each employee shall be entitled to receive 40 hours per fiscal year of administrative leave in recognition of the City's expectation that members of this group routinely and consistently perform the duties of their positions during times that involve hours in excess of the normal 5 -day, 40 -hour workweek. Said 40 hours shall accrue on July 1" of each fiscal year. Administrative leave not taken before the last pay period in the fiscal year shall be forfeited. 6.2.1 Administrative Leave for New Employees — Immediately upon hiring, 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 the year the employee was hired. 6.2.2. Supplemental Administrative Leave — Employees in this unit 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 the additional hours. Supplemental administrative leave not used City of South San Francisco Executive Management Compensation Plan Page 10 July 1, 2012 through June 30, 2014 before the last pay period in the fiscal year shall be forfeited. The criteria for supplemental administrative leave is determined by the City Manager. 6.3 Medical Appointment Leave —An employee may be granted 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 unable to arrange for such appointments to occur during non -work time. The first 8 hours of medical appointment leave per calendar year shall not be charged to sick leave; all other absences related to medical appointments shall be charged to sick leave. 6.4 Sick Leave —An employee who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of the position 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. 6.4.1 Amount of Sick Leave —Each employee will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 6.4.2 Maximum Paid Sick Leave Time —An employee who has insufficient unused sick leave hours on record to cover any absence from the job shall use accrued vacation leave and administrative leave prior to receiving authorization for leave of absence without pay. 6.5 Sick Leave as Family Care Leave ( "Kin Care' )—Employees accumulate sick leave each year as defined in the sick leave article of this Agreement. In recognition of Labor Code 233, effective January 1, 2000, 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 for a sick family member. 6.6 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. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. 6.7 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. 6.7.1 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 department head may grant bereavement leave to an employee upon the death or for the funeral of some other person, if in the opinion of the City Manager, there existed an extraordinarily close familial relationship between the employee and such other person. 6.7.2 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. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Page 11 6.7.3 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. 6.8 Industrial Injury or Illness Leave —An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused and requires the employee to be absent from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits, as indicated. 6.8.1 Miscellaneous Employee Industrial Injury or Illness Leave Amounts —An employee shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work during a 90- calendar day period following the date upon which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee's absence from work. 6.8.2 Safety Employee Industrial Injury or Illness Leave Amounts —A safety 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. 6.8.3 Workers' Compensation Disability Payments —An employee who is receiving paid industrial injury or illness leave shall assign to the City all workers' compensation insurance proceeds received by the employee for all of the time for which the employee also received paid leave from the City. 6.8.4 Separation from City Employment as a Result of a Work- related Injury or Illness —A separation may arise out of a work - related disability, which is of a serious or life /threatening nature, that prohibits the employee from engaging in the 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. 6.9 Military Leave —This leave shall be granted in accordance with the provisions of applicable state and federal law. 6.10 Short -term- or Long -term Disability Leave —Upon an employee qualifying for short-term or long -term disability insurance benefits, in accordance with the requirements of the City's policy, the City shall determine whether to separate the employee from the position or grant the employee a leave of absence without pay for any period up to 365 - calendar days or a reasonable extension thereof. 6.10.1 Insurance Premiums —The City will continue to pay insurance premiums for a disabled employee until the date upon which the employee is separated from City employment. 6.10.2 Extending Leave —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 if circumstances warrant such additional leave. In accordance with applicable law, Page 12 6.11 6.12 City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 the City may also choose to 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 leave accrued but not used by the employee. 6.10.3 Separating an Employee on Leave —The City will not separate an employee until the employee has been qualified for long -term disability benefits for a period of at least 90 days, except in those instances where the City and the employee agree to an earlier separation. Notification Procedure —An appropriate City- designated leave form should be submitted subsequent to each occurrence of non - discretionary leave, such as Sick Leave, Paid Family Care Leave, Sick Leave as Family Care, Bereavement Leave, Military Leave, Medical Appointment Leave, personal leave, and any other leave that would qualify under this provision. The form should indicate the purpose of the leave. The City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Such leave may run concurrently with leave taken under the state or federal family leave laws pursuant to City regulations. Separation Benefits— Payment of separation benefits may be deferred from the time of separation to the first payperiod in the calendar year immediately following the date of separation, at the employee's option. 6.12.1 Payment of Unused Accrued Vacation Leave —An employee who retires or separates from City employment and who has accumulated unused vacation time on record, shall be compensated at the employee's enhanced hourly rate of pay as of the date of separation for all such unused vacation hours in a manner consistent with Section 5.12.1 (RHS). 6.12.2 Payment of Unused Accrued Sick Leave — Employees are eligible to receive payment for unused accumulated sick leave. An employee shall be paid at the employee's enhanced hourly rate of pay for half of the accumulated sick leave hours. However no employee shall receive payment of any accrued sick leave hours in excess of 1,200; the maximum payable hours of 600. Employees are eligible to receive payment for unused accumulated sick leave in the following circumstances: • Death; or • Disability Retirement form Ca1PERS; or • Full service retirement provided that all the following conditions are met: 0 10 years of consecutive full time City service; and o Simultaneous retirement from City service and a receipt of a service retirement from Ca1PERS. This is also the method for defining "Unused Accrued Sick Leave" pursuant to section 4.12.2 RHS Mandatory Leave Contributions. City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Article 7. Recreational Facilities and Classes Page 13 7.1 Admission to Classes —All regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 8 recreational classes during a 12 -month period (lab fees or ingredient fees are not included). 7.2 Use of Facilities— Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities only during the employee's non -work rime. 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 8. Administration of Compensation Program 8.1 Administering Program —The City Manager through the Personnel Officer shall administer the Executive Management Compensation Program and may establish such policies, rules, and regulations as are deemed appropriate for the effective administration of the Program. Employees shall comply with such policies, rules, and regulations as established by the City Manager. 8.2 Imposing Leave —The City Manager may grant or impose administrative leave without loss of pay or benefits for members of Executive Management for any purpose deemed by the City Manager to be appropriate to the circumstances. 8.3 Conflicts with Law —In the event that the provisions of this Compensation Program are found to be in conflict with state or federal law or regulation, the provisions of the law or regulation shall prevail. Article 9. Term of Compensation Program This Compensation Program will be in effect from July 1, 2012 to June 30, 2014, unless this Program is modified at an earlier time. Article 10. Signatures. Signed this tom' day of /-W 20 13 For th 'ty: o e Executive Management UUnit: `C JAA / /n w A XAww/X r�-- City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Appendix A Executive Management Classifications Those classifications in the Executive Management unit are the following: ♦ Assistant City Manager ♦ Assistant to the City Manager ♦ Chief of Police o Director of Economic and Community Development o Director of Finance o Director of Human Resources o Director of Information Technology ♦ Director of Parks and Recreation ♦ Director of Public Works ♦ Fire Chief ♦ Library Director City of South San Francisco Executive Management Compensation Plan July 1, 2012 through June 30, 2014 Appendix B Salary Schedule July 1, 2012 through June 30, 2014 Page 15 306 TITLE JOB CODE EFFECTIVE DATE Steps 1 2 3 4 5 ASSISTANT CITY MANAGER N100 6/25/10 Hourly 83.17 87.33 91.70 96.29 101.10 Monthly 14416.13 15137.20 15894.67 16690.27 17524.00 Bl- Weelkly 6653.60 6986.40 7336.00 7703.20 8088.00 ASSISTANT TO THE CITY MANAGER N180 6/25/10 Hourly 48.39 50.81 53.35 56.02 58.82 Monthly 8387.60 8807.07 9247.33 9710.13 10195.47 Bi- weekly 3871.20 4064.80 4268.00 4481.60 4705.60 CHIEF OF POLICE N155 6/25/10 Houdy 75.42 79.19 83.15 87.31 91.68 monthly 13072.80 13726.27 14412.67 15133.73 15891.20 Bi- weekly 6033.60 6335.20 6652.00 6984.80 7334.40 DIRECTOR OF ECONOMIC & COMMUNITY DEV N140 6/25/10 Hourly 62.16 65.27 68.53 71.96 75.56 Monthly 10774.40 11313.47 11878.53 12473.07 13097.07 Bi- Weekly 4972.80 5221.60 5482.40 5756.80 6044.80 DIRECTOR OF FINANCE N145 6/25/10 Hourly 72.10 75.71 79.50 1 83.48 87.65 Monthly 12497.33 13123.07 13780.00 14469.87 15192.67 Bi- weekly 5768.00 6056.80 6360.00 6678.40 7012.00 DIRECTOR OF HUMAN RESOURCES N130 6/25/10 Hourly 66.72 70.06 73.56 77.24 81.10 monthly 11564.80 12143.73 12750.40 13388.27 14057.33 Bl- Weekly 5337.60 5604.80 5884.80 6179.20 6488.00 DIRECTOR OF INFORMATIO N TECH I N165 6/25/10 Hourly 66.72 70.06 73.56 77.24 81.10 Monthly 11564.80 12143.73 12750.40 13388.27 14057.33 Bl- Weekly 5337.60 5604.80 5884.80 6179.20 6488.00 DIRECTOR OF PARKS & RECREATION N175 6/25/10 Hourly 66.72 70.06 73.56 77.24 81.10 M2nth) 11564.80 12143.73 12750.40 13388.27 14057.33 Bj_ Weekly 5337.60 5604.80 5884.80 6179.20 6488.00 DIRECTOR OF PUBLIC WORKS N160 6/25/10 Hourly 71.63 75.21 78.97 82.92 87.07 Monthly 12415.87 13036.40 13688.13 14372.80 15092.13 Bl_ Weekly 5730.40 6016.80 6317.60 6633.60 6965.60 FIRE CHIEF N150 6/25/10 Hourly 79.21 83.17 87.33 91.70 96.29 Monthly 13729.73 14416.13 15137.20 15894.67 16690.27 Bi- weekly 6336.80 6653.60 6986.40 7336.00 7703.20 LIBRARY DIRECTOR N110 6/25/10 Hourly 66.72 70.06 73.56 77.24 81.10 Monthly 11564.80 12143.73 12750.40 13388.27 14057.33 BF Weekly 5337.60 5604.80 5884.80 1 6179.20 6488.00 Published by Human Resources Department City of South San Francisco Street Address: First 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 DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION AMENDING THE 2012 -2013 CAPITAL IMPROVEMENT PROGRAM TO INCLUDE THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT, APPROPRIATING A PROJECT BUDGET OF $670002000, AND AUTHORIZING STAFF TO PREPARE PLANS AND SPECIFICATIONS AND ADVERTISE FOR CONSTRUCTION OF THE PROJECT RECOMMENDATION It is recommended that the City Council adopt a resolution amending the 2012 -2013 Capital Improvement Program to include the Forbes Boulevard Bike Lane Improvements Project ( "Project "), appropriating a project budget of $6,000,000, and authorizing staff to prepare plans and specifications and advertise for construction of the Project. BACKGROUND /DISCUSSION City Council approved execution of a Funding Agreement for Public Improvements ( "Agreement ") at its regular meeting of November 14, 2012 to construct new bike lanes and install new street lighting and landscaping along Forbes Boulevard from Allerton Avenue to DNA Way. This improvement is consistent with Genentech's Master Plan's Implementation Program. The "Agreement" requires Genentech to deposit $6,000,000 with the City to fund the Project and the City will oversee the final design revisions, bidding, construction and administration of the project. On December 31, 2012, Genentech electronically deposited with the City $4,700,000. The remaining $1,300,000 will be transferred from the balance of an existing Genentech deposit which funded the construction of required East of 101 sewer system upgrades associated with the Genentech Master Plan. The sewer system upgrades are complete and Genentech has fulfilled their obligation. Shown below is the proposed project cost estimate: Design/Bidding & Construction Services $ 2009000.00 Construction $4,750,000.00 Construction Management/Testing $ 4509000.00 Engineering Administration $ 350,000.00 Construction Contingency (5 %) $ 2505000.00 Total $69000,000.00 Staff Report Subject: A RESOLUTION AMENDING THE 2012 -2013 CAPITAL IMPROVEMENT PROGRAM TO INCLUDE THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT, APPROPRIATING A PROJECT BUDGET OF $6,000005 AND AUTHORIZING STAFF TO PREPARE PLANS AND SPECIFICATIONS AND ADVERTISE FOR CONSTRUCTION OF THE PROJECT Page 2 of 2 FUNDING Genentech is funding all costs of the Project. The Finance Department will provide Genentech an expenditure summary every three months, starting on March 31, 2013. CONCLUSION Amending the 2012 -2013 Capital Improvement Program to include the Forbes Boulevard Bike Lane Improvements Project and appropriating a project budget of $6,000,000 will allow for the construction of new bike lanes and the installation of new street lighting and landscape on Forbes Boulevard. By: \J Terry White Director of Public Works Attachment: Resolution sb/bm Approved: Barry M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE 2012 -2013 CAPITAL IMPROVEMENT PROGRAM TO INCLUDE THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT, APPROPRIATING A PROJECT BUDGET OF $65000,0009 AND AUTHORIZING STAFF TO PREPARE PLANS AND SPECIFICATIONS AND ADVERTISE FOR CONSTRUCTION OF THE PROJECT WHEREAS, on November 14, 2012, the City Council approved execution of a Funding Agreement ( "Agreement ") for Public Improvements to construct the Forbes Boulevard Bike Lane Improvements Project ( "Project "); and WHEREAS, the Agreement requires Genentech to deposit $6,000,000 with the City to fund the Project; and WHEREAS, on December 31, 2012, Genentech electronically deposited $4,700,000 with the City and the remaining $1,300,000 will be transferred from the balance of an existing Genentech deposit; and WHEREAS, Genentech is funding all costs of the Project and the City of South San Francisco's Finance Department will provide Genentech an expenditure summary every three months, starting on March 31, 2013; and WHEREAS, the 2012 -2013 Capital Improvement Program ( "CIP ") will be amended to include the Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby amends the City of South San Francisco's 2012 -2013 Capital Improvement Program to include the Project. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Forbes Boulevard Bike Lane Improvements Project ( "Project Budget ") consistent with the information contained in the staff report, with funding appropriated from: Genentech Funds $65000,000 BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes staff to prepare plans and specifications and advertise for construction of the Project. -1- 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 2013 by the following vote: AYES: NOES: ABSTAIN ABSENT: 2027590.1 ATTEST: -2- City Clerk DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: A RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH WILSEY HAM OF FOSTER CITY, CALIFORNIA FOR ENGINEERING SERVICES FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $135,416 RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with Wilsey Ham of Foster City, California for the Forbes Boulevard Bike Lane Improvements Project ( "Project ") in an amount not to exceed $135,416. BACKGROUND /DISCUSSION On November 14, 2012, City Council adopted a resolution accepting Genentech's Master Plan Urban Design Improvement, which is the Forbes Boulevard Bike Lane Improvement Project. The Project will construct new bike lanes and install new street lighting and landscaping within the City's right - of -way along Forbes Boulevard from Allerton Avenue to DNA Way. Genentech originally executed consulting agreements with Wilsey Ham to prepare construction plans and specifications for the Project and planned to construct the Project. The Project was reviewed by City staff to ensure the plans were in compliance with City standard specifications. However, Genentech executed a funding agreement with the City to oversee the bidding, construction and administration of the Project. This means the City would need to make modifications to the construction plans and specifications. Rather than hire another engineering consultant, Staff recommends continuity with Wilsey Ham to make changes to the plans to make them consistent with the City's requirements. The plans and specifications need to be revised to make sure the proper City standard title blocks and standard details are incorporated and the necessary City contract language would be added. The plans also need to be modified to remove work already performed by Genentech outside of the right -of -way. Wilsey Ham provided a scope of services which would include preparing the construction documents to City standards and assist in during the bidding and construction phases. The City has executed past consulting agreements with Wilsey Ham for the Sanitary Sewage Pump Station No. 4 and No. 8 Renovation projects. Wilsey Ham performed well on the projects and delivered quality projects for the City. Staff Report Subject: A RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH WILSEY HAM OF FOSTER CITY, CALIFORNIA FOR ENGINEERING SERVICES FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $135,416 Page 2 of 2 Shown below is the proposed cost estimate: Design/Bidding & Construction Support Services (Wilsey Ham) $ 135,416.00 Engineering Administration $ 30,584.00 Contingency (25 %) $ 3000.00 Total $ 200,000.00 FUNDING Genentech is funding all costs of the Project. The Finance Department will provide Genentech an expenditure summary every three months, starting on March 31, 2013. Executing a consulting services agreement with Wilsey Ham will provide the engineering services needed to construct the Forbes Boulevard Bike Lane Improvements Project. By: \ l'� Terry White Director of Public Works Attachment: Resolution Wilsey Ham Scope of Services sb/bm Approve C Barry M. Nagel City Manager RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH WILSEY HAM OF FOSTER CITY, CALIFORNIA FOR ENGINEERING SERVICES FOR THE FORBES BOULEVARD BIKE LANE IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $135,416 WHEREAS, on November 14, 2012, the City Council adopted a resolution accepting Genentech's Master Plan Urban Design Improvement, which identifies the construction of the Forbes Boulevard Bike Lane Improvements Project ( "Project "); and WHEREAS, through that resolution, the City Council also approved the execution of a Funding Agreement for Public Improvements, under which the City will oversee the bidding, construction, and administration of the Project; and WHEREAS, prior to the Funding Agreement, Genentech originally executed a consulting agreement with Wilsey Ham to prepare construction plans and specifications for the Project; and WHEREAS, modifications to the plans and specification are necessary to complete bid documents for the Project; and WHEREAS, bidding and construction support services are also required to deliver the Project; and WHEREAS, Genentech is funding all costs of the Project and the City of South San Francisco's Finance Department will provide Genentech an expenditure summary every three months, starting on March 31, 2013. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves a consulting services agreement for the Forbes Boulevard Bike Lane Improvements Project with Wilsey Ham of Foster City, California, in an amount not to exceed $135,416. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager to execute the consulting services agreement on behalf of the City upon timely submission by Wilsey Ham's signed contract and all other required documents, subject to approval by the City Attorney. -1- 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 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: 2027567.1 ATTEST: -2- City Clerk January 2, 2013 W I LSEYE 0 HAMS■ Sam Bautista, P.E. ENGINEERING ■ PLANNING ■SURVEYING Engineering Division City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 Re: Proposal for Forbes Boulevard Streetscape /Bike Lane Project— Revision to Plan Format, Bid and Construction Services Dear Sam: Wilsey Ham is pleased to provide you with this proposal for civil engineering services for the Forbes Boulevard Streetscape /Bike Lane Project in South San Francisco. Background In late 2011, Wilsey Ham and three other consultants provided design services to Genentech for street and landscaping improvements on Forbes Boulevard from DNA Way to Allerton Avenue. The street improvement design proposed modifications to the street section which reduced the numberof through - vehicle lanes from two to one lane in each direction, while adding a dedicated bicycle lane and safety buffer. This new street cross section resulted from a traffic study and Master Planning effort that recommended this new "road diet" cross section. The revised section also resulted in the widening of the center median to 20 feet in width, which accommodates more landscaping and modifications to the street lighting. With the revised lane and median configurations, modifications were also required for the traffic signalization at the intersection of Forbes and Gull. Landscaping improvements were also proposed on Genentech's property along the length of the project that complemented the median landscaping. The project was designed for Genentech with the strategy of constructing the public street improvements under an encroachment permit with the City. Since that time, it was decided that Genentech would construct the landscape improvements and sidewalks behind the back of curb, and the City would administer the construction of the street and landscape improvements inboard of the face of curb. The improvements behind the back of curb are currently under construction. In the meantime, the City would like the design team to modify the construction documents to meet the City's format so the City can advertise the project through the public bid process. This will require placing the plans on the City's title block and either removing or screening back the improvements already built by Genentech. The specifications will also be converted to the City's format, a bid schedule will be prepared as well as the measurement and payment sections. The required frontend bid package documents will be compiled including the Notice, contract, General and special provisions. In addition, the consultant team will provide assistance during the pre-bid period to address questions from the contractor. During construction, the team will provide construction services including review of submittals, response to RFI's, site visits and assistance to the City inspectors to ensure the proper handling of plant materials and other landscaping improvements. Based on the foregoing, the following detailed Scope of Services is proposed for the project. 3130 La Salve Street, Sufle 100 ■ Son Mateo, CA 94403 ■ 6501349 -2151 ■ Fax 650/345.4921 -3- January 2, 2013 Page 2 of 4 Scope of Services Task 1 — Construction Documents The following work items are proposed as part of this task: • Update eAsting design drawings to reflect the City's standard title block (30 "x42 ") and screened private improvements. • Reformat/revise technical specifications (Divisions 02 through 16) and revise /prepare front end and General Provision documents using the template provided by the City • Prepare Engineer's estimate. • Perform QC review and submit preliminary package to the City for review. • Revise PS &E based on City comments on format and submit final package. • Attend 000rdinatloNreview meetings with the City (2 meetings assumed). • Landscape Tasks (M PA) • Reformat drawings on City standard title block, Wilsey Ham will provide this digital title block in autocad. Drawing sizes will remain the same. • Screen back all work currently being constructed by Genentech. This work will be complete when the City contract moves forward. • Convert specifications to City format. • Provide bid items for the bid schedule including quantities (as appropriate). Provide measurement and payment descriptions for each bid item. • Make revisions based on City comments on the package and finalize. • Attend two coordination meetings at the City during the reformatting process. • Irrigation design drawings, construction details, legends of equipment, standard specifications, watering schedule and water conservation calculations. • Electrical Tasks (Randall Lamb) • Attend design team and coordination meetings. Two meetings included. • Coordinate with other disciplines. • Revise drawings and specifications format for permit, bid, and construction of the • Project by the City. • Respond to City review comments with all necessary revisions required to obtain the permit. • Submit application to PG &E for new streetlight electrical service, and coordinate location and schedule. • Traffic Signal (Fehr & Peers) • Repackage plans and specifications to City format to go to bid. • Submit and revise per City comments on format. • No meetings included. Deliverables Five (5) hard copies of preliminary drawings and specs. 5 bond hard copies plus digital copies in PDF format of final drawings and specifications. Task 2 — Bid Services The following work items are proposed as part of this task: • Attend one pre -bid meeting with Contractors. (WH, MPA and F &P only) • Respond to bidders questions via the City's process. 3130 La Salve Street, Suite 100 ■ San Mateo, CA 94403 ■ 6501349-2161M Fax 6501346 -0921 -4- January 2, 2013 Page 3 of 4 • Review and summarize bids. • Check references of bidders. • Recommend award of contract. Task 3 - Construction Services The duration of construction is estimated to last a total of 26 weeks. The following work items are proposed as part of this task: • Attend one pre - construction meeting. • Attend weekly construction coordination meetings for the duration of construction (WH: 26 meetings assumed). Follow -up with team members for required action. • Visit site during construction (assumed 5 visits). • Review change order requests and prepare change order forms. • Review and respond to submittals (10 submittals assumed). • Review and respond to Requests for Information (RFI's) (5 RFIs assumed). • Design minor revisions as necessary to accommodate field conditions. • Perform walk through and prepare punch list. • Perform final walk through. • Wilsey Ham will prepare and submit record drawings based upon the redline markups provided by the contractor or City. • MPA (Landscape services) • MPA to attend 8 site visits including: one nursery visit to review plant materials prior to delivery to the site, construction review meetings, site observation meetings, substantial completion inspection and punch list and final review to backchec k the punchlist prior to recommendation for approval. • Review submittals and shop drawings. • Review and respond to contractor RFI's. Proposal assumes a maximum of 15 RFI's. • Prepare record drawings, including irrigation record drawings based on contractor field mark -ups. • Irrigation Review Contractor submittals & RFI's (coordinate with MPA Design) • Prepare Irrigation record drawings based on Contractor documented "as- built" information in electronic drawing files (AutoCAD), • MPA will attend up to six weekly construction meetings during construction. • Electrical Tasks (Randall Lamb) o Provide construction support including submittal and shop drawing review, RR responses, clarifications, changes to documents necessary to complete the work (not including Owner's design changes), site observations, punch list and back check. • Traffic Signal (Fehr & Peers) • Review submittals, RFI's, one field meeting, review as- builts from • contractor (no as- builts from us, no punchlist walkthrough, etc —we assume City will do this) Deliverables Review of submittals, responses to RFI's, construction punchlist, one hard copy of project record drawings will be provided. 3130 La Salve Street, Suite 100 ■ San Mateo, CA 94403 ■ 6601349-2151M Fax 650/3454921 -5- January 2, 2013 Page 4 of 4 Assumptions and Exclusions The following assumptions and exclusions were used in the preparation of this proposal: 1. Changes to the current design (current drawings and specifications prepared by design team) are not anticipated and not included in this scope of services. 2. The drawings will be re- formatted on a City standard title block, 30 "x42" plan sheet size. 3. Wilsey Ham shall not be responsible for the means or methods by which the contractor achieves the required results nor does Wilsey Ham guarantee the work of the contractor. The contractor and not Wilsey Ham shall be responsible for site conditions, including site safety conditions. 4. All permit fees will be paid for by others. 5. The project will be part of one bid package and will be issued for bidding at the same time. The City will advertise for bids. 6. Progress meetings during the construction are based on the length of estimated construction, which is 26 weeks. If this time period is extended, additional meeting fees may be required. 7. Only those tasks specifically described herein are included in this proposal. Any other requested work will be performed on a time and materials basis in accordance with our current Charge Rate Fee Schedule. Fee Wilsey Ham's fee for the base Scope of Services described above is estimated to be approximately $135,416, on a time and materials basis in accordance with the attached Charge Rate Fee Schedule. We will not exceed this amount without your prior authorization. Authorization You may authorize Wilsey Ham to proceed in accordance with this proposal, our attached 2013 Charge Rate Fee Schedule and the City of South San Francisco's Contract Provisions by returning a City standard contract for my signature. Work will commence upon receipt of a City purchase order. We appreciate the opportunity to participate on your project. Very truly yours, WILSEY HAM A California Corporation Jeon Principal RCE #41365 Attached: Fee Estimate 2013 Charge Rate Fee Schedule 3130 Le Salve Street, Suite 100 ■ San Mateo, CA 94403 11650/349-2151m Fax 650/3454921 -6- WILSEY HAM 2013 CHARGE RATE FEE SCHEDULE I. CHARGE RATE FEE SCHEDULE The compensation of Wilsey Ham for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. PERSONNEL SERVICES Principal Engineer /Surveyor $196 Per Hr Designer /Technician II $ 118 Per Hr Managing Engineer 166 Per Hr. Designer /Technician I 110 Per Hr Project Manager 158 Per Hr Cad Operator /Drafter II 100 Per Hr Senior Engineer 158 Per Hr Designer /Technician 92 Per Hr Associate Engineer 148 Per Hr Administrative Assistant 65 Per Hr Engineer II 138 Per Hr Technical Assistant 52 Per Hr Engineer I 128 Per Hr 2 Person Survey Crew 210 Per Hr Assistant Engineer 118 Per Hr Contract Personnel 2x Invoice Junior Engineer 92 Per Hr Outside Survey Specialist 136 Per Hr Senior Designer 122 Per Hr Effective through December 31, 2013 and subject to revision annually thereafter B. REIMBURSABLE EXPENSES 1. TRAVEL & TRANSPORTATION EXPENSES a) Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a handling charge of 10 %. b) Fifty-five cents (55¢) per mile, or the current rate allowable set by the Internal Revenue Service for use of company passenger vehicles, and fifteen dollars ($15.00) per hour for use of vehicles carrying field survey equipment or used for field inspection and supervision. 2. MISCELLANEOUS EXPENSES a) The cost of materials, supplies, reproduction work, agency filing fees, and other services, including communication expenses, plus a handling charge of 100/6. C. OUTSIDE SERVICES a) Invoice cost of services and expenses charged to Wilsey Ham by outside consultants, Professional, or technical firms engaged in connection with the order, plus 10% handling charge. Revised: 05/01/12, Table 20129 -7- 0 U N �U C l`0 LL d a a� O m m1��] O m Nm °HTN��ry � a)4 P P w qron � m ryry m N 1r p� $x�'N�Nri L d M 0 T to O � .I NI(��.r�i „PN N p N ca U d 7 m O C d .O N 0 N e a O LL O a` O U _0 _g- V a 5 8 S C Y p y 5 a 4 B� m rjV S a5 °- ` 8 e c ffi ~ el N n a� O m m1��] O m Nm °HTN��ry � P� m 4 O b O ry 1I�b IVNrym P P w qron � m ryry m N 1r p� $x�'N�Nri w m O` „m N � .I NI(��.r�i „PN (y y m _0 ry N fl tVp Co° N „NIV ry ,YY]S mSNNmN RR o Y &NS A N� a 2m�ti E m saiN �i n od u�ntiN o m � E 3 a P� e r m Ie M m o ry n r NJ 0 l nmwaam � m.�w ww w m� „nrvbrvw g, mi S a ryry Na m m mti rvry °e agS �~vm..rvwm m d E m 8 «Q a p ggF w > 9 e 8 E? c 8 Y F$ v 5 5 ypy °a p S 4 E °y ca�otl2 8� M my�tPsYEg 8' 8 a S Q i S9 v E« 0 8 `E �TSC a 8tq`& 8` MB p¢@'�ryry EE(N a19 y Tpfi} E S V 2 D 6 6 1i W 3 09 �c z m S i d I K 0 8= W ei N >j V YI IU r N Pq j $ n1 N g V N 0 r m0 � n VI a N m w m P ti N m _g- V a 5 8 S C Y p y 5 a 4 B� m rjV S a5 °- ` 8 e c ffi ~ el N n DATE: January 23, 2013 TO: Honorable Mayor and City Council FROM: Doug Hollis, Director of Information Technology Michael Massoni, Chief of Police Jason Rosenberg, Assistant City Attorney SUBJECT: IMPLEMENTATION OF DOWNTOWN QUALITY OF LIFE IMPROVEMENT MEASURES RECOMMENDATION Staff recommends that the City Council: (1) waive reading and introduce an Ordinance amending Chapter 8.50 of the South San Francisco Municipal Code regarding the regulation of smoking in parks and in designated public areas and to amend the City's smoking ordinance to conform to changes in state law; (2) review surveillance camera program options and direct staff to implement a surveillance camera program and to prepare a budget amendment for City Council consideration; (3) receive the informational reports on the additional downtown improvement measures; and (4) direct staff and the City Attorney to conduct any further actions desired by the City Council. At the December 5, 2012 meeting, the City Council directed staff to analyze and report to the City Council on selected downtown quality of life improvement measures. Specifically, the City Council directed City of South San Francisco ( "City ") staff to revise the City's smoking ordinance to prohibit smoking in public parks and designated public areas, provide City Council with options for implementation of a video camera surveillance program in the downtown area, encourage increased downtown active uses, and work with the San Mateo County District Attorney's to explore the feasibility of utilizing stay away orders. This staff report provides the City Council with updates on these actions. Smoking ordinance California Health and Safety Code Section 118910 permits cities to regulate smoking more strictly than what state law regulates. "A local governing body may ban completely the smoking of tobacco, or may regulate smoking in any manner not inconsistent [with state law]." The City regulates smoking through Chapter 8.50 of the South San Francisco Municipal Code ( "SSFMC "). The proposed ordinance ( "Ordinance "), attached hereto as Exhibit A, modifies Chapter 8.50 to prohibit smoking within City parks and public spaces designated by the City Manager (e.g. breezeways). The City Manager has indicated that he initially intends to designate the entire green space and picnic areas surrounding the City Hall buildings, as well as the City-owned breezeways off of Grand Avenue. Staff Report Subject: Implementation of Downtown Quality of Life Improvement Measures Date: January 23, 2013 Page 2 The Ordinance also updates Chapter 8.50 for consistency with state law. The City's smoking Ordinance was last updated in 1993, and federal and state law has expanded considerably over the past twenty years. Smoking is now prohibited in tot lots and playgrounds (Health & Safety Code § 104495), schools (20 U.S.C. § 6083), public transit systems (Health & Safety Code § 118925 et seq.), cars with minors (Health & Safety Code § 118947 et seq.), and in, and around the entrances to, goverment buildings (Gov. Code § 7596 et seq.). Additionally, California Labor Code Section 6404.5 prohibits smoking in all "enclosed places of employment," which includes any enclosed place where employment is carried on by one or more persons "engaged or permitted to work for hire" who are not performing "household domestic service." That Section preempts conflicting local regulations but authorizes cities to ban or otherwise regulate smoking in places not covered by Section 6404.5. Further, employers have discretion to prohibit "smoking in an enclosed place of employment for any reason." The proposed updates simplify Chapter 8.50 and conform the City's regulations to current state standards. When a smoking ordinance was previously considered, it was reviewed by the Parks and Recreation Commission. At that time, the Parks and Recreation Commission was in favor of prohibiting smoking in Parks throughout the City, but questioned the costs of enforcement. Implementation of a Temoorary Video Surveillance Proeram The City Council directed staff to pursue the design and implementation of temporary surveillance video cameras in designated areas of the downtown area. Note that such a camera system could only capture activities within public areas where individuals do not have an expectation of privacy. This video surveillance system would be used to monitor and deter crime for specific designated areas in the City. Based on discussion between the Information Technology ( "IT ") Department and the Police Department CPU'), City staff recommends that the surveillance program begin in one or both of the following areas: the City owned breezeway between Grand Avenue and Third Lane (next to Starbucks on Grand Avenue) and the picnic area at City Hall at the South end of the city annex building, fronting Maple Avenue. The City currently uses Milestone software to capture and store camera video. The City's current cameras, which includes software and servers, are with an existing City vendor, OJO Technology, based in Fremont, California. OJO Technology also provides maintenance and support for the cameras and software. The City currently owns several video cameras that currently utilize the Milestone software. However, in order to implement this proposed video surveillance program, the City would have to purchase additional cameras and increase its software licenses. The additional costs are outlined below in the Fiscal Impact section. Although the City owns cameras, software and servers, a video surveillance program will require the City to create a wireless mesh network from the Miller Avenue Garage to Grand Avenue, as well as along Grand Avenue for approximately half a block to one block from the Miller Avenue Garage breezeway. This project would be tied into the existing City network, Milestone software, which is the server and storage system currently used in the Miller Avenue Garage. The project would be able to utilize existing City-owned light poles to mount the cameras and wireless network. The wireless network would be designed to reach the recommended camera locations. Staff Report Subject: Implementation of Downtown Quality of Life Improvement Measures Date: January 23, 2013 Page 3 Because of the characteristics of staffs recommended video surveillance system, the cameras could be moved to a new location, provided there is adequate network access. For example, an initial camera set up could be moved to the sculpture garden or Joe Femeke's building area. Additionally, if there are future requirements to move cameras farther up or down Grand Avenue, it would be easy to add more, at an additional cost. Also, it will be possible to move the breezeway located cameras to a different location on Grand Avenue, other intersections or streets depending on adding more wireless network ability to take the network to the new location. The Police Department will not be able to monitor these cameras 24/7 but will make periodic checks each day. The Police Department will review the footage when a crime has occurred and this review may lead to information that may assist in solving the crime. The Police Department will not be adding additional personnel to conduct the periodic reviews. Instead, the review will be done by the Downtown Bike Patrol officers. There may be an increase in time spent on the investigation of a crime but it should not be a significant issue. We may need to revisit this issue after the cameras have been in place for a time depending on how successful the cameras will be as an investigative tool. If Council approves this plan the Police Department will outreach to other Police Departments who already have a program to ascertain the best practices for the application of these cameras. Note that video recordings are a public record under the California Public Records Act, and would have to be retained for a minimum of one (1) year, unless specific document retention guidelines are adopted and followed. Storing video requires a considerable amount of computer storage space. Although the City will utilize the existing Milestone network; City server and storage system currently used in the Miller Avenue Garage, the surveillance program would place an additional load on the servers. However, IT staff believes the current servers could handle the expansion. This project would also allow City staff, including the Police Department staff, to view the video as they do today for the Miller Avenue Garage surveillance cameras. Note that additional camera surveillance program options were considered for this project. However, considering the factors of: keeping the video for one year, outside weather considerations for the cameras, staffing to maintain and touch other systems, the ability to have the cameras on maintenance with a contract, vendor support and temporary camera replacement, the ability to integrate the cameras into our existing camera system, all were considered in the decision to recommend the two current camera locations. Update on Additional Downtown Improvement Measures As a way to encourage increased use of the Downtown area, City staff is presently working with the South San Francisco Chamber of Commerce ( "Chamber ") regarding ways to increase active use within the Downtown. Further, the City is working to have a number of the increased active uses coincide with, and highlight the Chamber's 100th birthday celebration. As part of the collaboration with the Chamber, the City will explore a number of activities to encourage active Downtown uses. Additionally, the Police Department has consulted with the San Mateo County District Attorney's office and they will be working with the Probation Department to implement stay away orders for areas that the Police Department defines as a condition of probation. Staff Report Subject: Implementation of Downtown Quality of Life Improvement Measures Date: January 23, 2013 Page 4 FINANCIAL IMPACT - Camera Surveillance Proeram Breezeway next to Starbuck's — Cost: $55,000. In order to install surveillance cameras at the City breezeway next to Starbucks, it would require additional equipment and the creation of network infrastructure in order to carry the video footage to the existing network located at the Miller Avenue Garage. Specifically, this surveillance location would require: 2 cameras; 3 wireless access points; installation and additional software. City Hall Picnic Benches - Cost: $15,000. This surveillance location would cost less because there would be the ability to utilize the existing City network located in the Annex. Because of this, there would not be a need to create a wireless network. Installation of surveillance cameras at this location would require: 2 cameras; installation and additional software. If Council directs staff to install cameras at either location, City staff will prepare a budget amendment for future City Council consideration. By: 4y; pt/ / Doug Hollis IT Director By: Michael Mass 96 Chief of Po ;/e e By: Af teven T. Mattas by City Attorney Attachments: Ordinance 2028718.2 Approve V C' Barry M. Nagel City Manager ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE REGULATION OF SMOKING WHEREAS, according to the Center for Disease Control, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk -free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and WHEREAS, the California Air Resources Board has put secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant; and WHEREAS, more than 440,000 people die in the United States from tobacco - related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non - smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, with certain exceptions, California Labor Code Section 6404.5 prohibits smoking inside an enclosed place of employment; and WHEREAS, state law prohibits smoking in playgrounds and tot lots and within twenty feet of the main entrances and exits of public buildings while expressly authorizine local communities to enact additional restrictions: and WHEREAS,, California Health and Safety Code Sections 118910 and 104495(h), Labor Code Section 6404.5(1) and Government Code Section 7597 authorize a local entity to regulate or completely ban the smoking of tobacco; WHEREAS, the City of South San Francisco ( "City") adopted Ordinance No. 1010 -1987 for the purpose of enacting Chapter 8.50, Regulation of Smoking ( "Regulation of Smoking Ordinance "); and WHEREAS, the City has since amended the Regulation of Smoking Ordinance to more effectively regulate smoking and protect public health within the City; and WHEREAS, the City desires to further amend the Regulation of Smoking Ordinance in order to further protect the health and welfare of its residents and visitors, as well as have the Regulation of Smoking Ordinance be consistent with state law. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 8.50 of the South San Francisco Municipal Code to read as follows (with text in strkeettt indicating deletion and underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 8.50.010 Purpose and intent It is the intent of this chapter o provide individuals . .. 1 &111 . 1 .. lgqff&A& III ... . 413M 1 - . . 1 br . M. specified areas. ■ 51111-111 FM !!-!IMMMMRMMM`RM.l�R.I MM MIR .... 111111111F a 411111 1111 1111 that breathing sidestfeaffi or seeondhand smoke is a signifileant health ha;znr-d The compelling pumose and intent of this chapter includes, but is not limited to, generall vromoting the health, safety, and welfare of all people health hazards and harmful effects of the use of addictive tobacco Droducts ard-&� dangers of secondhand smoke. 8.50.020 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: 'iBttsiness N J t-h-is chapter, > operated, !eased, «u«4ua or nde« the a:«uiK or ndireet eon#el of the eity. "Dining N are sefved. "Employee" means any per-son who is employed by an effiPlayer in eeasideration fe direct er i..direet t flo ,etary wages re& means any person who is employed or retained as an independent contractor by any Employer. "Employer" means any person, partnership, corporation, association, nonprofit, City or other entity who employs or retains the service of one or more Employees who employs the serviees of an iffidiNridual p "Enclosed" means ^lewd in by e reo farA by walls on at least three sides any covered or partially covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside (e.g. a covered porch with more than two walls), or any space open to the sky having more than 75% of its perimeter area walled in or otherwise closed to the outside (e.g. a courtyard). "General Public" includes shoppers, customers, patrons, patients, students, clients and other similar invitees of a for -profit or nonprofit entity. "Enclosed Common Area' means every Enclosed area of a Multi -Unit Residence where residents of more than one (1) Unit and/or their guests are entitled to enter or use, including, but not limited to, elevators, hallways. stairways, Lobbies, lounges, recreation rooms, exercise facilities, shared restrooms, shared cooking facilities, and shared laundry rooms. "Lobby" means the public common area of an establishment in which the establishment's guests and members of the public typically congregate and in which registration and other related transactions are conducted. "Multi -Unit Residence" means any property with two (2) or more Units. A Multi -Unit Residence does not include a single - family residence with an in -law or second unit, or a single, contiguous residence in which rent is shared by the residents. "Open to the Public" means available for use by or accessible to the General Public during the normal course of business conducted by either private or public entities. "Place of Employment" means any nelesed ___ under the ee..#el orte .hii,. private. _r______ _fir__. ___ employer- vAiieh employees noFmally frequent dufing the rourse of employment, ineludhV, bta not limited to: 1 r onfere„ee and et,...sfoems; 2. J n.,T!E)yee cafeterias; 3. Employee lounges; 4. Hallways; 3. Work s means any area under the leeal or de facto control of an Employer that an Employee may have cause to enter in the normal course of operations, regardless of the hours of operation including for example vehicles used in emplovment or for business purposes taxis, public transit buses, ferries and trains, and warehouses. A private residence is not a place of employment, unless it is used as a child care or health care facility -the hospitals, benches, playgrounds, .. eating establishment, and any other eating establishment, orgat4zatiea, elub (ineluding jar sell or effer for- sale, food to the publie-, guests, patFons, of employees, exeept that the letmge is a Bar as defined in this seetien. "Retail Ttobacco Sstore" means a retail store utilized primarily for the sale of tobacco products and tobacco accessories and in which the sale of other products is merely ;Eseffiiprivate ream" means a room in a ptiblir. or- pri��e health eare f4eility eefitainiiig two beds for patients of the faoility. "Smoke" or MESsmoking" means and includes inhaling or exhaling upon, or or commonly carrying any lighted smoking equipment for tobacco, or any other plant or product used for the personal habit . wn as smoking7 .. pijpe, lighted cigar, lighted hookah, lighting pipe, cigar, hoo or of AN ME AM AM AN AN EM U11101,10111 W116111 • N "Transient Lodging Establishment" means a bed and breakfast, hostel, hotel, motel or other, similar short-term lodging establishment. " Unenclosed" means any area that is not an Enclosed area as defined in this chanter. "Unit" means an apartment, condominium, detached home, townhouse, room in a single room occupancy facility, room in a homeless shelter, mobile home, camper vehicle tent or other personal dwelling space, even where lacking cooking facilities or private plumbing facilities. 8,50,030 Smoking Prohibited (a) Enclosed Places. Smoking shall be prohibited in the following Enclosed Places within the City except as otherwise permitted in Section 8.50.040, and except in such places in which Smoking is already prohibited by state or federal law, in which case those laws apply: (1) Places of Employment. Smoking is prohibited in all Enclosed Places of Employment, as defined in this Chapter and by California Labor Code Section 6404.5, as may be amended. (2) Enclosed Common Areas. Smoking is prohibited in all Enclosed Common Areas of Multi -Unit Residences. (3) City Buildings. Smoking is prohibited in all Enclosed areas of any building or facility owned and occupied or leased and occupied by the City. (4) City-Owned Enclosed Parking Structures. Smoking is prohibited in all City -owned Enclosed parking structures. (5) City Vehicles. Smoking is prohibited in all City- owned, leased and/or controlled vehicles. (b) Unenclosed Places. Smoking shall be prohibited in the following Unenclosed Places within the City except in such places in which Smoking is already prohibited by state or federal law, in which case those laws apples (1) Parks and Recreation Areas. Smoking is prohibited in all Parks and Recreation Areas within the City, designated as Parks and Recreation (PR) on the South San Francisco Zoning Map. (2) Outside of City Buildings. Smoking is prohibited within twenty (20) feet of a main exit, entrance or operable window of any facility covered by Section 8.50.030 (a) (3). (3) City -Owned Parking Lots. Smoking is prohibited at all City -owned parking lots. (4) Designated Public Places. Smoking is prohibited in any open -air Public Places on City -owned property not otherwise covered by this section when designated by the City Manager. �. ._ Till A I. ._ ._ OF Awmloior mm it I,. MA- OIL IN r. It IV I Oil �. Till A I. OF I,. OIL r. It IV I �. 11!1111111!11''1;1111!11111111111;1111111 ill ill, ii!!Illllllllll llillilljlllll!l MaWAM Miff IF lillill. Are. It ww PM ri - - .. . .. - - .. It A. PrIvrRoylorlipprim men ffiffi 8.50.040 Smoking permitted. (a) Unless otherwise affirmatively protected by state or federal law, Smoking shall xet he greb.1h.ited is permitted in the following places within the City: (1) Retail Tobacco Stores. Smoking is permitted in Retail Tobacco Stores. (2) Transient Lodging Establishments Smoking is permitted in up to sixtv -five percent (65 %) of Transient Lodging Establishment guest rooms. Nothing in this section shall prohibit Transient Lodging Establishments from choosing to be one hundred percent (100 %) Smoke free. (3) Designated Lobby Areas. Smoking is permitted in areas of the Lobby in a Transient Lodging Establishment designated for Smoking by the establishment. An establishment may permit Smoking in a designated Lobby area that does not exceed twenty -five percent (25 %) of the total floor area of the Lobby or, if the total area of the Lobby is two thousand (2,000) square feet or less that does not exceed fifty percent (50 %) of the total floor area of the Lobby, provided that the Smoking area of the Lobby is not used primarily for the sale and service of food or beverages. (4) Theatrical Performances. Smoking is permitted in theatrical performances if Smoking is an integral part of the story in the theatrical production. (5) Medical Research or Treatment Sites. Smoking is permitted in medical research or treatment sites if Smoking is integral to the research and treatment being conducted. (6) Emplovee Break Rooms Smoking is permitted in Enclosed Employee break rooms designated ted by Employers for Smoking, provided that they meet all of the following criteria: (i) air from the room is exhausted directly to the outside by an exhaust fan; (ii) the e Employer complies with applicable state and federal ventilation standards• (iii) the room is located in a non -work area; (iv) the emplover does not store or maintain �.,. N®R MEN WIPSW991MIUMINEr"PufFift I. III ._ .: VIP MWKW 8.50.040 Smoking permitted. (a) Unless otherwise affirmatively protected by state or federal law, Smoking shall xet he greb.1h.ited is permitted in the following places within the City: (1) Retail Tobacco Stores. Smoking is permitted in Retail Tobacco Stores. (2) Transient Lodging Establishments Smoking is permitted in up to sixtv -five percent (65 %) of Transient Lodging Establishment guest rooms. Nothing in this section shall prohibit Transient Lodging Establishments from choosing to be one hundred percent (100 %) Smoke free. (3) Designated Lobby Areas. Smoking is permitted in areas of the Lobby in a Transient Lodging Establishment designated for Smoking by the establishment. An establishment may permit Smoking in a designated Lobby area that does not exceed twenty -five percent (25 %) of the total floor area of the Lobby or, if the total area of the Lobby is two thousand (2,000) square feet or less that does not exceed fifty percent (50 %) of the total floor area of the Lobby, provided that the Smoking area of the Lobby is not used primarily for the sale and service of food or beverages. (4) Theatrical Performances. Smoking is permitted in theatrical performances if Smoking is an integral part of the story in the theatrical production. (5) Medical Research or Treatment Sites. Smoking is permitted in medical research or treatment sites if Smoking is integral to the research and treatment being conducted. (6) Emplovee Break Rooms Smoking is permitted in Enclosed Employee break rooms designated ted by Employers for Smoking, provided that they meet all of the following criteria: (i) air from the room is exhausted directly to the outside by an exhaust fan; (ii) the e Employer complies with applicable state and federal ventilation standards• (iii) the room is located in a non -work area; (iv) the emplover does not store or maintain any item necessary or related to the performance of any Employee's duties in the Smoking break room such that non - Smoking Employees are required to enter or pass through the room in order to access said items, and (y) there are sufficient non - Smoking break rooms to accommodate non - Smokers. MIN funetien, The facA that theowner or managef of the room of hal provides food of (d) AFeas not genewAy open to the publie; (e) Any pr-opefty eymed or !eased by eounty, state or federal geverfffnental a ._ (g) Hotel and fnetel roems fented to guests; though sueh an offiee wer4laee may be visited by nonsmokers; (i) Semiprivate rooms of health fmilities oeeupied by one or mofe patients, whom are smokers who have Nquested in vaiting upon the health eare f4eilities admissions foFms to be plaeed in a room where smoking is penni#ed. (h)(j) Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls an establishment business may declare that entire busiRes establishment, or designated sections thereof, as a nonsmoking non-Smokin or (k) Nodgag in "s see4ion shall be deemed W allow smeWft in wiy building o 8.50.050 Posting of person Posting of signs shall be the responsibility of the owner, operator, manager or other • • of place Except smeking is prohibited by this chapter. owned o leased by county, state, or federal governmental entities, "No Smoking" signs with letters pf not less than one (1) inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where Smoking smeldag is regulated by this chapter, including but not limited to, all entrances, all restrooms, and all elevators, and at least one (1) conspicuous place within an Unenclosed area where Smoking is prohibited. Signs of equivalent size and character reading "Smoking Permitted" may be posted where legally applicable. Alternative means of notification (individual place cards, film clips, etc.) may be employed, provided they are equivalent to the aforementioned signs in their effect. For purposes of this Chapter, the City Manager or designee shall be responsible for the l IN i° e.. 10 MMMOW OTA qs�wy NMI �iV d�i V.9 IM or NESHF7. 10 MMMOW OTA qs�wy NMI 10 OTA 10 ii .... ... ... .. ...... . ........... . . .. ow 1.1 INN a. MY Iffil, Al IN I 11 Pi will Ill p I NO -- IV am Vw ii ........... . . .. ow 1.1 INN ii ."MMY-TEP MM NoMI., rrry-W M9 I MM EMM.PtrOrrimn MM .. . where an employee's dtAies require sueh employee to efAer or to work I tebwee stores, of any of the o4w areas set forth in Seetion 8.50.040(a) tffif-�' (e) thfough 0) inclusive, or- in those peffiaias of eating establishments ivhere smoking iss permiaed under this ehapter, the empleyer shall net be required to prewide a smeking peliey for stteh areas. 8.50.06090 (a) It is unlawful for any person to Smoke smoke in a place within the!C� where Smoking smoking is prohibited by this chapter. (b) It is unlawful for any person owns, manages or otherwise controls the use of any premises subject to the prohibition of this chapter to fail to post signs as required by this chapter. 12 No person, owner, •- operator or • . of .. 1 . 1 - 1 . 1 . • - 1 . 1 1 . ' 1 . • 1 : .50.070400 Nondiscrimination No person discharge, 1 hire, or discriminate _ rights afforded 8.50.110 Y -- - • -- - -. .... - - - :. .. .. • . Alfk Al. ITT Fm ITT establishment, the aFeaE)f sol the aver-age ntmiber of members of-the Publie WWeb Y. The eibr manager, eT visiting the requir-1 of this ehapter upon a finding giat thefe afe not sufficient members 0 the general public swh establishment to waffant the regulation - Y. manager Violations. owner, lllllllllllllllP operator, employer or . 1 of regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof (b) Any violation of this chapter shall be and is hereby declared to be a public nuisance and =Ly be abated as such tdhirou ropriate civil amceedings brought bv the person . . • any of provisions of .• not •- "1 -1 by federal state or be guilty of an infraction. •. conviction . an infraction, person shall be subject to payment of a fine, not to exceed the Imuits set forth in California Government Code Section 36900. 1 Any violation of this chVter also a violation of state law may be subiect to an enforcement action by the City as authorized by state law. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance 1 invalid or 1 1 remainder of 13 including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the _ day of 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _ day of 2013 by the following vote: AYES: 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 , 2013. Pedro Gonzalez, Mayor TAJ 0 n H� J O Staff Report DATE: January 23, 2013 TO: The Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO MAKING FINDINGS AND EXTENDING (1) A CITY - WIDE MORATORIUM ON THE ISSUANCE OF USE PERMITS, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT FOR LARGE FORMAT RETAIL OR SUPERSTORE USES AND (2) A MORATORIUM ON THE ISSUANCE OF USE PERMITS, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT FOR GROCERY OR FOOD AND BEVERAGE SALES USES IN THE EAST OF 101 AREA. RECOMMENDATION: It is recommended that the City Council: 1. Waive reading, make findings and adopt an interim ordinance that extends for an additional sixteen (16) months (a) a City -wide moratorium on the issuance of use permits, building permits, or any other applicable entitlement for large format retail or superstore uses, and (b) a moratorium on the issuance of use permits, building permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area; and 2. Adopt a resolution approving an amendment to the agreement with Ascent Environmental in an amount not to exceed $126,185 and amending the 2012/13 General Fund Operating Budget. BACKGROUND/DISCUS S ION: Moratorium Extension On December 12, 2012, the City Council adopted an urgency ordinance establishing a 45 -day moratorium that established (1) a City -wide moratorium on the issuance of use permits, building permits, or any other applicable entitlement for large format retail or superstore uses, and (2) a moratorium on the issuance of use permits, building permits, or any other applicable entitlement for grocery or food and beverage sales uses in the East of 101 Area. The moratorium was intended to provide the City with time to evaluate the 2030653.1 Staff Report Subject: Large Format Retail and Grocery Uses Moratorium Extension Page 2 of 4 zoning regulations and preferred locations for these uses. Report of Measures Taken to Address Situation Since adoption of the urgency ordinance, staff and the City's environmental consultant (Ascent Environmental, Inc.) have worked diligently to: review all existing zoning rules, definitions and maps related to the regulation of large format retail uses and food and beverage sales uses; develop an outline of the possible zoning amendments; and draft a contract amendment with Ascent Environmental for Council's consideration, including a new scope, budget and schedule, to address the California Environmental Quality Act requirements associated with the zoning amendment. However, more time is necessary. Ascent Environmental has estimated that the time necessary to complete the environmental review is 12 months. If not extended, the moratorium will expire on January 26, 2013. The attached ordinance, which requires a four -fifths vote, would extend the moratorium for a period of sixteen (16) months from the date the moratorium would have otherwise expired. Background on the Moratorium The grocery use economic impact analysis (Seifel Consulting, October 2012) presented to Council on November 14, 2012, concludes that the addition of a grocery component within a new superstore in the community could translate into the loss of 5 to 20 percent in grocery sales for existing stores in South San Francisco. In addition to the impact on existing grocery uses, the report also suggests that a large format retail store (superstore) with a grocery component could also limit the community's ability to attract certain types of grocers in the future. In addition to the results from the economic impact analysis, this evaluation of superstore uses has also raised questions about the City's existing land use regulations, which identify the location where uses can be situated in the community and defines the various uses that are permitted, conditionally permitted, or not permitted. Since adoption of the interim ordinance on December 12, 2012 staff has been evaluating the impacts (positive and negative) that come with various types of large format retail uses and grocery uses. Staff has also started to draft changes to the zoning ordinance to ensure that these uses are developed consistent with the City's policy objectives. If a superstore use in the City, or grocery use in the East of 101 Area, received land use entitlements, including building permits, before the City has an opportunity to study and possibly revise its zoning ordinance, it could create conflicts among land uses, or conflicts with the City's long -term planning goals. Establishment of superstore uses in the City at this time, , or grocery use in the East of 101 Area, before the City can consider revisions to its regulations, presents a current and immediate threat to the public health, safety, and welfare. Therefore, staff recommends the extension of the interim ordinance in order to avoid this current and immediate threat to the public health, safety, and welfare, which could occur if entitlements were provided prior to the City's review of the full scope of potential impacts. FISCAL IMPACT: Budget Amendment and Environmental Consultant Contract Amendment Council initially authorized staff to use $50,000 to evaluate the potential impacts that a superstore could have on the grocery market in South San Francisco. Staff entered into two $25,000 contracts at that time: 1. Seifel Consulting (Grocery Use Economic Impact Analysis); and 2. Ascent Environmental (Notice of Staff Report Subject: Large Format Retail and Grocery Uses Moratorium Extension Page 3 of 4 Preparation and Initial Study). The contract with Seifel Consulting is complete and the Grocery Use Economic Impact Analysis was presented to Council on November 14, 2012. The contract with Ascent Environmental remains open. Should Council adopt the moratorium extension, and authorize the City Manager to amend the contract with Ascent Environmental, Ascent would move forward with the Initial Study and complete the appropriate California Environmental Quality Act (CEQA) review. A copy of Ascent's scope, budget and schedule are attached to the Resolution. The type of environmental review will be determined based on the results of the Initial Study. Ascent is estimating a budget amendment in the amount of $126,185 and a 12 -month schedule to complete the remaining work. Funding for the budget amendment would be transferred from General Fund Undesignated Reserve. ENVIRONMENTAL IMPACT Extension of this interim ordinance would not be considered a "project" within the meaning of section 15378 of the State CEQA Guidelines, because it does not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment. Rather, the ordinance would only temporarily prevent certain physical changes in the environment pending the City's consideration of possible changes to the zoning ordinance. Furthermore, this interim ordinance is categorically exempt from CEQA under Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending completion of additional analysis related to large format retail uses and grocery uses. CONCLUSION To ensure that the City's land use regulations best reflect the needs of the community, and to give the City an opportunity to examine and address any potential impacts associated with establishment of new large format retail uses City -wide and/or grocery uses in the East of 101 Area, staff recommends that the City Council: 1. Waive reading, introduce and adopt the attached interim ordinance, making findings and extending (1) a City -wide moratorium on the issuance of use permits, building permits, or any other applicable entitlement for large format retail or superstore uses and (2) a moratorium on the issuance of use permits, building permits, or any other applicable entitlement for grocery uses in the East of 101 area; and 2. Adopt a resolution approving an amendment to the agreement with Ascent Environmental in an amount not to exceed $126,185 and amending the 2012/13 General Fund Operating Budget. Staff Report Subject: Large Format Retail and Grocery Uses Moratorium Extension Page 4 of 4 • C, Van Duyn, Assistant C4yiManager Barry M. Nagel, City BN/MVD /SM/MA/SK/gb Enclosures: • Interim Ordinance Extension — Large Format Retail and Grocery Uses • Resolution — General Fund Budget Amendment & Contract with Ascent Environmental ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO MAKING FINDINGS AND EXTENDING (1) A CITY -WIDE MORATORIUM ON THE ISSUANCE OF USE PERMITS, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT FOR LARGE FORMAT RETAIL OR SUPERSTORE USES AND (2) A MORATORIUM ON THE ISSUANCE OF USE PERMITS, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT FOR GROCERY USES IN THE EAST OF 101 AREA. WHEREAS, the City of South San Francisco ( "City ") has an overriding interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and providing access to resources and sen-ices near the City's neighborhoods. Providing convenient access to quality grocery uses is integral to the social, environmental, and economic values of the City's neighborhoods; and WHEREAS, the introduction of new large format retail or superstore uses in the City may adversely affect the City's ability to attract and retain quality grocery stores in the City; and WHEREAS, the introduction of grocery uses in the East of 101 Area may adversely affect the City's ability to attract and retain quality grocery stores on the west side of the City, where the City's residential neighborhoods are concentrated; and WHEREAS, permitting the introduction of new large format retail or superstore uses in the City or grocery uses in the East of 101 Area may adversely affect the City's economic vitality, and may result in threats to public health, safety, or welfare; and WHEREAS, the City's Zoning Ordinance (SSFMC § 20.620.004) defines Large Format Retail as "retail establishments (over 80,000 square feet of sales area) that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs and superstores." WHEREAS, the City's Zoning Ordinance (SSFMC § 20.620.004) includes traditional grocers- uses as Food and Beverage Retail Sales: "Retail sales of food and beverages for off -site preparation and consumption. Typical uses include food markets, convenience markets, groceries, liquor stores, and retail bakeries." WHEREAS, the South San Francisco Zoning Ordinance allows Large Format Retail uses "by right" in certain locations in the City, including in the East of 101 Area. When a use is allowed "by right," it is not subject to a discretionary approval that could impose conditions on the use; and WHEREAS, "Superstore" uses are commonly defined as large scale retail uses, that include a grocery or food sales component; and WHEREAS, the City's Zoning Ordinance does not separately define or regulate "Superstore" uses; and WHEREAS, as a result, Superstore uses with a traditional grocery component may be permitted "by right" as Large Format Retail in locations where a stand -alone grocery store would be classified as Food and Beverage Retail Sales, and require a Conditional Use Permit; and WHEREAS, it is the City's intent, in consideration of other existing and potential uses within the City, to provide its residents with convenient and efficient access to quality grocery uses, which will be effectuated by a comprehensive study and possible revisions to the City's Zoning Ordinance; and WHEREAS, a report prepared by Seifel Consulting determined that a new Superstore use in South San Francisco could negatively impact the City by decreasing grocery sales at existing stores and limit the community's ability to attract certain types of grocers in the future; and WHEREAS, the City Council finds that issuing use permits, building permits, or other entitlements for Large Format Retail or Superstore uses throughout the City, or grocery uses in the East of 101 Area, would pose a current and immediate threat to the public health, safety, or welfare, since such uses could potentially create conflicts with surrounding land uses and could conflict with the City's long -term planning goals; and WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to enact ordinances to protect the health, safety, welfare and morals of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, it is necessary for the City to study the impact such facilities may have on the public health, safety, and welfare, and the need to potentially revise the City's Zoning Ordinance; and WHEREAS, to protect the City's investment in its planning efforts, ensure that the City's long -term planning goals and strategies can be achieved in an effective and timely manner, and to avoid a current and immediate threat to the public health, safety, or welfare, the City proposes extending the moratorium on the issuance of use permits, building permits, or other entitlements for Large Format Retail or Superstore uses throughout the City, and grocery uses in the East of 101 Area; and WHEREAS, Government Code section 65858 allows the City to immediately protect and preserve the public safety, health and welfare by prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or intends to study; and WHEREAS, at its December 12, 2012 meeting pursuant to Government Code section 65858, the City Council lawfully adopted a moratorium on the issuance of use permits, building permits, or any other applicable entitlement for Large Format Retail or Superstore uses City- wide and grocery uses in the East of 101 Area pending study of a potential amendment to the Zoning Ordinance; and WHEREAS, in the time since the moratorium was adopted, South San Francisco staff and its consultants have explored for zoning regulations and preferred locations for Superstore, Large Format Retail, and grocery uses; however, additional study is required before staff can submit or recommend a Zoning Ordinance amendment for consideration; and WHEREAS, on January 23, 2013, in accordance with Government Code section 65858(b), the City Council held a properly noticed public hearing to consider extending the moratorium for a period of sixteen (16) months from the date that Ordinance 1462 -2012 would have otherwise expired; and WHEREAS, adoption of this ordinance does not require review under the California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., "CEQA ") based on the following: (1) This ordinance is not a "project" within the meaning of section 15378 of the State CEQA Guidelines, because adoption of a temporary moratorium has no potential for resulting in either a direct or indirect physical change in the environment. (2) This ordinance is categorically exempt from CEQA pursuant to section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows, adopted as an interim ordinance, under the provisions of California Government Code section 65858: 1. Incorporation of Recitals. The City Council finds that all Recitals are true and correct and are incorporated herein by reference. 2. Definitions. For purposes of this Ordinance, Large Format Retail use shall be as defined in Section 20.620.004 of the South San Francisco Municipal Code. "Grocery" use shall include traditional grocery stores as contemplated by the Food and Beverage Retail Sales classification in Section 20.620.004 of the South San Francisco Municipal Code. "East of 101 Area" shall be defined as the area bounded by the San Francisco Bay on the east side, U.S. Highway 101 and the rail lines on the west, the City of Brisbane on the north, and San Francisco International Airport on the south. 3. Moratorium Extended. In accordance with the authority granted the City of South San Francisco under Article XI, section 7 of the California Constitution and California Government Code section 65858, the moratorium imposed by Ordinance 1462 -2012, which provides that no use permit, building permit, or other applicable entitlement shall be approved or issued for any Large Format Retail or Superstore use within the boundaries of the City, or for any Grocery use in the East of 101 Area, shall hereby be extended for a period of sixteen (16) months, from the date that Ordinance 1462 -2012 would have otherwise expired. 4. Exception. This Ordinance in not intended to, and shall not prevent an existing Large Format Retail or Grocery use from obtaining permits necessary to effectuate a minor modification to an existing use. As used in this Ordinance, "minor modification" shall include activities such as repairs, and shall not include any expansion or change in nature use. 5. Authority; Urgency Statement. This Ordinance, which extends the effective period of Ordinance 1462 -2012, is an interim ordinance, adopted as an urgency measure pursuant to Government Code section 65858 and is for the immediate and long -term preservation of the public peace, health, and welfare. The following facts support this urgency measure: The City has adopted regulations for Large Format Retail and Grocery uses, but has no specific regulations for Superstore uses, which often include a grocery component within a Large Format Retail use. As a result, the current Zoning Ordinance may permit grocery uses as a component of a Large Format Retail use in locations where the City is considering a policy decision to limit or regulate the presence of grocery uses. As part of its mandate to provide for the health and welfare of its citizens, the City desires to maintain a Zoning Ordinance which provides quality resources in locations convenient to its residents, and to this end, seeks to support the traditional grocery market in locations convenient to the City's neighborhoods. A report prepared by Seifel Consulting determined that a new Superstore use in South San Francisco could negatively impact the City by decreasing grocery sales at existing stores and limit the community's ability to attract certain types of grocers in the future. Unregulated locating of such Superstore uses may be in conflict with the purpose and intent of the Zoning Code. Accordingly, there is a current and immediate threat to the public health, safety, or welfare and the approval or issuance of use permits, building permits, or other applicable entitlements for Large Format Retail uses City- wide, or Grocery uses in the East of 101 Area, would result in that threat to public health, safety, or welfare. In order to maintain comprehensive and sound land use planning, the City seeks to study applicable Zoning Ordinance amendments, use permit requirements, and other land use entitlement requirements for Superstore uses. Allowing land use entitlements for these uses before the City has an opportunity to update its regulations could lead to conflicts amongst various land uses and conflicts with the City's long -term planning goals. 6. Issuance of Land Use Entitlements in Violation of this Moratorium Declared Public Nuisance. The issuance of use permits, building permits, or other applicable entitlements for Large Format Retail uses City -wide, or Grocery uses in the East of 101 Area, as defined in this Ordinance, during the duration of this moratorium or any extension thereof, is declared to be a public nuisance. Violations of this Ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the South San Francisco Municipal Code. 7. Compliance with California Environmental Quality Act (CEQA). This Ordinance is not a "project" within the meaning of section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. It temporarily prevents certain physical changes in the environment pending study and potential adoption of zoning amendments or policies regulating Large Format Retail or Superstore uses. Furthermore, this urgency ordinance is categorically exempt from CEQA under Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending consideration of amendments to City's Zoning Ordinance. 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby, and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 9. Effective Date. This Ordinance shall become effective immediately upon adoption, if adopted by at least four -fifths vote of the City Council, and shall extend the effective period of Ordinance 1462 -2012 for a period of sixteen (16) months from the date that Ordinance 1462 -2012 would have otherwise expired. Introduced and adopted as an Interim Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 23rd day of January, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Interim Ordinance this 23rd day of January, 2013. Pedro Gonzalez, Mayor 2029508.1 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH ASCENT ENVIRONMENTAL, IN AN AMOUNT NOT TO EXCEED $126,185; AND AMENDING THE 2012/13 GENERAL FUND OPERATING BUDGET WHEREAS, on October 4, 2012, the City and Ascent Environmental ( "Ascent ") entered into an agreement for preparation of a Notice of Preparation and Initial Study as required by the California Environmental Quality Act ( "CEQA ") regarding potential impacts related to superstore uses ( "Agreement "); and WHEREAS, should the City Council elect to adopt an extension of the interim ordinance regarding superstore and grocery uses, Ascent would require an additional $126,185 to complete the Initial Study and appropriate CEQA review of the contemplated zoning amendments; and WHEREAS, the 2012/13 General Fund Operating Budget will need to be amended to add $126,185 to the Economic and Community Development Department Budget in order to complete the additional scope of work with funding from the General Fund Undesignated Reserve. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves of the amendment to the Agreement with Ascent Environmental, in an amount not to exceed $126,185 in order to perform the additional work. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby amends the 2012/13 General Fund Operating Budget to add $126,185 to reflect this appropriation for the additional work. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the amendment on behalf of City of South San Francisco, subject to approval as to form by the City Attorney. 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 23rd day of January, 2013 by the following vote. AYES: NOES: ABSTAIN: ABSENT: ATTEST: 2028938.1 Krista Martinelli City Clerk w� 06SCENT 1 FgCX4 December 20, 2012 Girard Beaudin, AICP, LEED AP Principal Planner City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 Subject: Proposed Contract Amendment to Prepare a Supplemental EIR to Evaluate Impacts Associated with a Zoning Code Amendment Dear Gerry, This memo outlines the additional tasks and associated costs to complete a Supplemental Environmental Impact Report (EIR) for the City's proposed Zoning Code Amendment to limit super center retail and grocery within the City of South San Francisco. The first additional task includes development of a detailed project description, which will describe the "whole of the action," as required by CEQA. The second additional task includes preparation of the Administrative Draft EIR ( ADEIR), which will focus on potential environmental impacts associated with traffic, air quality, and climate change. The Traffic Section will be prepared by Crane Transportation, Inc., and the Air Quality and Climate Change section will be prepared by Ascent staff who are experts in air quality and greenhouse gas emission and climate change. It is anticipated that all other environmental issue areas identified in Appendix G of the State CEQA Guidelines will be "scoped out" using the Initial Study checklist, which is a Task that Ascent will perform under our existing contract with the City. The ADEIR will also include evaluation of cumulative impacts, as well as an Alternatives evaluation. The third and fourth tasks include revision of the ADEIR and a Screencheck DEIR based on City comments and submittal of the DEIR to the City for public release. The remaining tasks include attending hearings, preparing the Final EIR, preparing decision materials, and project management. The additional Tasks are described in detail below. The schedule Ascent proposes to complete the EIR process is short, with the NOD anticipated approximately 10% months from now. Ascent proposes that after the Initial Study and NOP /scoping is completed, we schedule a face -to -face meeting with the City to reassess the scope. Ascent Environmental, Inc., 455 Capitol Mall, Suite 205, Sacramento, CA 95914 Main: 916.444.7301 Fax: 916.444.3927 ascentemrinc.com Girard Beaudin December 20, 2012 Page 2 Thank you again for considering Ascent for this work. If you have any questions, please call. You can reach Gary Jakobs, AICP, Principal -in- Charge, at (916)930 -3182 and Mike Parker, AICP, Project Manager, at (916)930 -3192. Sincerely, AICP Attachments: Cost Spreadsheet Mike Pa/re ?rA Project Manager Girard Beaudin December 20, 2012 Page 3 Additional Tasks This proposed amendment to the scope of services includes preparation of a Supplemental EIR and associated documents and notices to the extent specified herein. Task 1 Detailed Project Description This is a key task for accurately evaluating the potential environmental impacts of the proposed project. In close coordination with City staff, Ascent will prepare a detailed project description that accurately and thoroughly reflects the proposed zoning text amendment, such that the "whole of the action" is encapsulated. Ascent will make revisions to the draft project description based on the City's edits and comments and will provide it to the City for a second review. Once the City has determined the project description to be final, the environmental analysis will commence. Note that although environmental analysis cannot begin prior to the City's approval of a final project description, Ascent will begin preparing the environmental setting as soon as the NOP is released. Deliverables Draft Project Description for City staff review (electronic file). Revised Project Description for City staff review (electronic file). A Final Project Description (electronic file). Task 2 administrative Draft Supplemental EIR Based on the information received in prior tasks, including public input related to the EIR scope, Ascent will prepare an Administrative Draft Supplemental EIR and will submit to City Staff for review. Ascent assumes the contents of the Supplemental EIR to be as follows: Cover, Table of Contents, Introduction: These sections provide the basic information about the document, introduce the reader to the CEQA process, and provide a "way finding" tool for the reader. Executive Summary: This section summarizes the proposed project and alternatives and provides a summary table that delineates all of the impact statements, conclusions, and associated mitigation measures. Project Description: This section is described in Task 3 above. Environmental Analysis: This section includes the technical analysis organized by environmental issue area. It is assumed that because the project involves an amendment to the City -wide zoning ordinance and because the specified CEQA document is a supplement to the General Plan EIR, the technical analyses will be conducted at a general, planning -level of detail. The analysis will consider impacts of the zoning code amendment compared to baseline conditions. The No Project Alternative will be robust and will provide the basis for comparing impacts of the zone change to the current zoning allowances. Ascent anticipates the following chapters will be included within this section: Traffic and Circulation: Under contract with Ascent, Crane Transportation will develop daily, AM peak hour and PM peak hour trip generation projections for the three land use scenarios being evaluated based upon trip rates in the Trip Generation Ninth Edition Manual from the Institute of Transportation Engineers, zoiz. These land use scenarios may include a supercenter (No Project Alternative), other likely developed retail under the current zoning, and a currently allowed maximum trip generating land use (if different from the supercenter). A distinction will be made between gross trip generation projections versus net new trip Girard Beaudin December 20, 2012 Page 4 generation on the local circulation system after allowance for passby trip capture by retail uses. Crane Transportation will (assuming appropriate data is available) compare trip generation results from the three scenarios above to existing conditions. Ascent and Crane Transportation will coordinate with the City regarding the best way to develop an existing conditions scenario based on the data currently available. A brief qualitative discussion will be provided to describe potential cumulative traffic impacts (described below "Cumulative Impacts ").The findings of the traffic study will be presented in a memorandum, which Ascent will incorporate into the Traffic and Circulation section of the EIR. Air Quality, Climate Change. and Greenhouse Gas Emission: The proposed project is located in San Mateo County, which is under the local air quality jurisdiction of the Bay Area Air Quality Management District (BAAQMD). Since the General Plan EIR was prepared in 1999, BAAQMD has developed and adopted new tools and guidance, state -wide models have changed and been updated, and current setting and other regulatory information has become available. Ascent will prepare an updated setting discussion that includes a description of applicable federal, state, and local regulations (e.g., standards and thresholds of significance), regional and local air quality conditions in the vicinity of the project site (e.g., published monitoring data, attainment designations, and existing sources), and the current state of climate change science (e.g., Intergovernmental Panel on Climate Change's [IPCC] Fourth Assessment Report). The updated analysis will addresses potential local and regional long -term operational source emissions associated with the most traffic- intensive uses, including supercenter use (No Project Alternative), currently allowed within the affected zone and will evaluate the potential for increase in long -term emissions associated with restricting the supercenter use (proposed project analysis). This analysis will include modeled increases in criteria air pollutants and precursors (e.g., respirable particulate matter [PM1o], fine particulate matter [PM2.5], reactive organic gases [ROG], and oxides of nitrogen [NOx]) and greenhouse gases (GHGs). Currently BAAQMD accepts analyses prepared using the new the California Emissions Estimator Model (CaIEEMod) or the most current Urban Emissions Model (URBEMIS) along with other BAAQMD- developed add -on tools (e.g., BAAQMD GHG Model). Ascent staff, in coordination with BAAQMD, will determine the preferred model as such will depend on the exact timing of analysis preparation. The modeling in either case will be based on BAAQMD- recommended input parameters, projected operational data, and model default settings. Potential area and stationary sources will also be discussed in relation to adopted BAAQMD -rules and regulations for which compliance will be required by law. Localized carbon monoxide impacts will be qualitatively addressed based on BAAQMD- guidance and available screening methodologies. The potential exposure of sensitive receptors to toxic air contaminant (TAC) and odor sources will be assessed qualitatively (e.g., no air dispersion modeling or health risk assessments will be performed) based on the use of BAAQMD- recommended guidance and screening tools. Please note that on March 5, 2012 the Alameda County Superior Court issued a judgment finding that BAAQMD had failed to comply with CEQA when it adopted their CEQA thresholds of significance. The court did not determine whether they were valid on the merits, but found that the adoption of the thresholds was a project under CEQA. The court issued a writ of mandate ordering BAAQMD to set aside the thresholds and cease dissemination of them until the BAAQMD had complied with CEQA. The Air District has appealed the Alameda County Superior Court's decision. The appeal is currently pending. In view of the court's order, BAAQMD is no longer recommending that the thresholds be used as a generally applicable measure of a project's significant air quality impacts. Lead agencies will need to determine appropriate air quality thresholds of significance based on substantial evidence in the record. Although BAAQMD has been ordered to set aside the updated thresholds (May 2011), lead agencies may still decide to rely on them for assistance in calculating air pollution emissions, obtaining information regarding the health impacts of air pollutants, and identifying potential mitigation measures. Ascent staff, in consultation with the City and BAAQMD, will determine the best and most applicable metric for significance determination. Girard Beaudin December20, 2012 Page 5 Cumulative Impacts: This section evaluates the potential for the proposed project, in combination with other past, present, and future projects, to result in a new, or contribute considerably to an existing, environmental impact. Because the proposed project involves a change to the City -wide zoning ordinance and deals largely with the current General Plan and Zoning Ordinance, the impact analysis in the Environmental Analysis section (described above) is already based on a "cumulative setting." The cumulative section will therefore primarily summarize the findings and may qualitatively discuss nuances. For example, the cumulative section may discuss the potential for restriction of supercenters in South San Francisco to result in increased development pressure for supercenters in neighboring cities and the potential for associated environmental impacts. Because the potential for the project to result in the development of supercenters in otherjurisdictions is somewhat speculative (or maybe entirely speculative), the analysis will be very general and will conform with CEQA guidance pertaining to speculations (CEQA Guidelines Section 1.5145). Ascent will discuss the "cumulative setting" with the City as our understanding of the project and the issues develop. Alternatives: CEQA requires that an EIR include range of reasonable alternatives to the proposed project, including a No Project Alternative. In the case of the proposed project, the No Project Alternative will, as stated above, provide the point of comparison between the existing zoning text and the proposed amendment. The analysis will, therefore, be more detailed than a typical No Project analysis. A critical assumption for the No Project Alternative will be how to estimate a reasonable foreseeable number of supercenters. At this time, it is proposed that the EIR evaluate the "No Project" alternative plus one additional alternative, such as a alternate zoning code amendment that allows a "floor- area - restricted supercenter." The nature of this project limits the "reasonable range." For instance, an alternative site analysis would not be reasonable given the zoning code is citywide. Ascent will coordinate closely with the City regarding this assumption. The Alternatives section will focus on any significant effects of the zone change and how (or if) another alternative can avoid them. As required by CEQA, the Alternatives Section will identify the Environmentally Superior Alternative. Other CEQA- Required Sections: In addition to the sections identified above, CEQA also requires a discussion of the significant effects of the project, which cannot be reduced or avoided by mitigation (significant and unavoidable impacts), as well as a discussion of the potential for significant irreversible environmental changes and impacts associated with project - related growth inducement. These discussions are included in this section. List of Preparers: This section includes a list of persons responsible for preparing various sections of the EIR, as well as those responsible for oversight of the EIR preparation process, including consultant staff and City staff. Deliverables r Administrative Draft Supplemental EIR for City staff to review (MS Word). Task 3 Prepare Screencheck Draft Supplemental EIR Upon receipt of the City's comments on the Administrative Draft Supplemental EIR, Ascent will address the City's revisions and comments and will prepare a Screencheck Draft Supplemental EIR for the City's review and comment. Deliverables A Screencheck Draft Supplemental EIR for City staff to review (MS Word). Task 4 Prepare Public Draft Supplemental EIR Upon receipt of the City's comments on the Screencheck Draft Supplemental EIR, Ascent will address the City's revisions and comments and will prepare the Draft Supplemental EIR for public release. Ascent will also assist the City with preparation of the Notice of Availability (NOA) and NOC. Ascent will deliver 1.5 copies of the Draft Supplemental EIR, along with the NOA and NOC, to the State Clearinghouse. Ascent will print and mail an additional 30 copies to the City for mailing and distribution. Additional copies can be printed upon request. Ascent Girard Beaudin December20, 2012 Page 6 assumes that the City will be responsible for mailing all notices, publishing the NOA at the County Recorder, and for newspaper publication. Deliverables .r NOC and NOA. 45 hard copies of the Draft Supplemental EIR (15 delivered to the State Clearinghouse + 30 mailed to the City for distribution). Task 5 Attend Hearing on the Draft Supplemental EIR Ascent PM and PIC will attend a public hearing to receive verbal and written comments on the Draft Supplemental EIR. Ascent is available to present upon request. Meetings PM and PIC attendance atone (1) public DEIR hearing. Task 6 Prepare Administrative Final Supplemental EIR After the close of the public comment period for the Draft Supplemental EIR, Ascent will receive a single and complete set of all public comments received to date. Ascent will number each comment letter and will bracket and number each individual comment. Ascent will prepare a written response to each individual bracketed comment. It is impossible to forecast the number and complexity of comments that will be received. For the purposes of this scope of work, Ascent assumes 4o hours for responses to comments. However, if additional analysis is required, Ascent will coordinate with the City regarding additional scope. Ascent will prepare and submit to the City for review an Administrative Final Supplemental EIR. The Final Supplemental EIR will include an Introduction, a Responses to Comments section that includes the bracketed comment letters and associated responses to comments, as well as a Changes to the Draft Supplemental EIR section, which shows (in strike - through and underline) all of the changes made to the Draft Supplemental EIR. Deliverables J Administrative Final Supplemental EIR (MS Word). Task 7 Prepare Screencheck Final Supplemental EIR Upon receipt of the City's comments on the Administrative Final Supplemental EIR, Ascent will address the City's revisions and comments and will prepare a Screencheck Final Supplemental EIR for the City's review and comment. Deliverables Screencheck Final Supplemental EIR for City staff to review (MS Word). Task 8 Prepare Public Final Supplemental EIR Upon receipt of the City's comments on the Screencheck Final Supplemental EIR, Ascent will address the City's revisions and comments and will prepare the Final Supplemental EIR for release to commenting public agencies. Ascent will deliver i5 copies of the Final Supplemental EIR, along with the NOC and NOA, to the State Girard Beaudin December20, 2012 Page 7 Clearinghouse. Ascent will print and mail an additional io copies to the City for mailing and distribution. Additional copies can be printed upon request. Ascent assumes that the City will be responsible for mailing all notices, publishing the NOA at the County Recorder, and for newspaper publication. Deliverables NOC and NOA. 25 hard copies of the Final Supplemental EIR (15 delivered to the State Clearinghouse + 10 mailed to the City for distribution). Task 9 Prepare Decision Materials Ascent will prepare draft materials for the project decision hearing, including a mitigation monitoring and reporting program (MMRP), Findings of Fact, and a Statement of Overriding Consideration (if necessary). These materials will be submitted electronically (no hard copies will be provided). Deliverables MMRP, Findings of Fact, and Statement of Overriding Considerations emailed to City staff. esk 10 Project Management and Meetings In addition to the kick -off meeting, Ascent assumes two (z) additional meetings with City staff. Ascent proposes that at least one of these meetings should be used, once the technical information has been compiled and the NOP comments have been received, to re -exam the scope, including the potential to apply the conditional exemption for projects that are consistent with the General Plan EIR (Public Resources Code section 21o83.3 and CEQA Guidelines section i5183).The Ascent PIC and PM will also participate in phone calls and email communication as needed. Meetings Two (2) meetings with'City staff. Phone and email communication as needed. Task 11 Public Hearings The Ascent PIC and PM will attend one (i) project decision hearing. Ascent's PIC and PM will be available to present upon request. Meetings PM and PIC attendance at one (1) project decision hearing. Girard Beaudin December20,2012 Page 8 Cost Estimate The total compensation for the additional tasks is $112, 085. The cost is broken down by task and staff in the attached cost spreadsheet. Ascent will submit monthly invoices based on the percent of work complete by task (lump sum).. Schedule The primary deliverables and CEQA milestones are identified in the schedule below. Note that specific dates are based on the assumption that the City provides project description information by December 21, 2012. Major Project Milestones Completion Date* Tasks Under Current Contract Kick -off Meeting January 9, 2012 Draft NOP /IS to City January 16, 2012 Public Release NOP /IS January29, 2012 ** Public Scoping Meeting TBD Additional Tasks Detailed Project Description to City February 15, 2012 End 30 -day NOP Comment Period March 1, 2013 Finalize Project Description March 4, 2013 Admin Draft Supplemental EIR to City June 26, 2013 Public Draft Supplemental EIR July 19, 2013 ** DEIR Hearing TBD End 45 -day EIR Comment Period September3, 2013 Admin Final Supplemental EIR to City October 8, 2013 Public Final Supplemental EIR November 1, 2013 ** Decision Materials (FOR, MMRP, and SOC) to City November8, 2013 Earliest Possible Decision Hearing (10 days after publishing FOR) November 11, 2013 *Dates are based on the assumption that Ascent receives detailed project information by December 21, 2012. * *Assumes one -week turnaround by City on admin drafts and two -day turnaround by City on screenchecks. 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C tl4080 t iq, ,,t `,oi h fan I rancisco Interim Ordinance Regarding a \Moratorium on the 1 „uaucc Pi Fntitlsnlants for Large f=ormat Retail or Superstoic Uses and Grocert. Uses in the Fast tai I o I 1r,a (the "Ordinance” t U ;.:f and MembcI % of the City Council: VVL: underst --1 - J:,, 'J ity Council mill soon be considering an extension of the Ordinance. The �,i' ;li:, .xr_r i, .o request modifications to the Ordinance in order to snake it clear that a CO .tco B•: ,in, • - '-I Auld not be prohibited as me are seeking a site for a Business ('enter on the _rFit Tula, th:ii ctfl.:lu utcilnia the City of South ,tiun Fninckco, ou probable L, . C �stco operates over 600 %kaurhouse Clubs throughout the ttorld. 'Nle are ad t., oper.v,. ty: �,: �uccess!id C'osteo ml trehouscs in South Saul Francisco. and rse thank you .:-..i othJ15 in ;!7�'�i;... Its' ,Iir supfa ^i "i f6roul' business. ,te0 'd o c1 . ° .: 3u -i _: t'cl.trh. t he HLJsineSS Centers are deSi 1, t! 1,; i I,i Pion as distributors l : Fui I t;_ . i.�.. (' ; n:cllti Storc, and Office Products industri Rosiness Centers rat.: nn •ri.._ri t Lu:,inr,r.-tt - husincss titrntat: approximately 8� '- u: till ssles arc to business 'id 71 I '.' _ n Inc -third or our husincss is done through dell`. vril .. oimtrihution resource i -1- '4- .A husinc:.;c. li Iding dcliven ii. ,. -.�Li in the Bu inr„ C'clnvl� is from the m, rt. mdise sold in Costco 01 1' r :;. the lbllo%%ir a.. I. _Xc not ma( ' : I .I IC Business C'cnters: lotl chic...,;!. ;u i11'cjtarcd meals: cut ia: i:o '.'h �. lInn ta'rI' CUtnplllCCS Of i,pt ". _ Ulnsic or L':�mvh' tires: toys or �� iii . c-:: rCtiriptiu l ,1ll -,.' . ':weirs. (' >too i ,.rio�r;; r,lasidcring ihu tiossibiliiy of acquiring a site: Ibr a Business Censer in Soudi San h�ancisco. i s at �,. „_ nc et1 c� rued about the applicability of the Ordinance. We belicrc that 131. i: _ ; : t trt not covered by the Ordinance for the 6111ull ing reasons: We arc pri l,sl, les..l,1., to business customers. lllc Ordinance prohihii, the approlal of any Ilc� : „ LP,: I'wriat Rctall lit" Superstore use.° The Citv's lollilt_P ol'dinance dvf nc* LUI''a'e �"LtrM•I:yi _ Iss.:quuh >'�A 93U2;' .f27 %�;t?�bJ(H) ..,... rruco�•: 131:'.•'11e t3 ('enters ill the -. ii,: -1 `- . is -_ file CI(14i'I .iI'' U oi[ IS it111a)l5 al'd. 1 , 31 >u,. (.. h�i , .n un i�_nctils to a era. 1411 , . • ;1 :,1pl. , t .. .- al ir;, pros ides l "7J: :In11t -_I- �_ ']t �(�h� F , ". 11ellt i'o ll� .J 'i, _ I_ i :,t _` •'.IC !ii i ,. ,.a illA reA CtlUI'; oimtrihution resource i -1- '4- .A husinc:.;c. li Iding dcliven ice: ): it 1J ly coitipctc ditcetic with local merchant„ ttilit, often are tsar tahlcd customer,. (' >too i ,.rio�r;; r,lasidcring ihu tiossibiliiy of acquiring a site: Ibr a Business Censer in Soudi San h�ancisco. i s at �,. „_ nc et1 c� rued about the applicability of the Ordinance. We belicrc that 131. i: _ ; : t trt not covered by the Ordinance for the 6111ull ing reasons: We arc pri l,sl, les..l,1., to business customers. lllc Ordinance prohihii, the approlal of any Ilc� : „ LP,: I'wriat Rctall lit" Superstore use.° The Citv's lollilt_P ol'dinance dvf nc* LUI''a'e �"LtrM•I:yi _ Iss.:quuh >'�A 93U2;' .f27 %�;t?�bJ(H) ..,... rruco�•: South San Francisco C'it_v Council January 7.'_013 Format Retail as "retail e=tahl �'� .; (. „ ,.n, „itt utZo nerd atdise and h ^'k gnolk ti, i i iC I Ct ll tion. cluh, .;' a7]�cr,U ., .`tm Sup -tor. u;, . -)d • :!., cOm , is I c,. BM Jl. �. ): -- .�� n�ilht : '1_ r , r 4µp: °',t, I . Form, . i ;..ail :n retrlil__ , 1 - _�a.. _ 1f _ I lnr indir.;al_ .,t 1. ta.,', Sui), k r _c Ibr `1:: CaL, - �l a >.:. � _ < _ our Busing C _ ; dcsigncl: 'k: Y = dt� r 'hrnit to1l �r�„ wii ,;lnd about 85' -. to business mcmhcrs. I. The Cirdii:__ :e list) prohibits necv approvals ti)r - -auv lirocery use in the last The Ur.i'n i,(t:- states that "Groccry' use shtd! ir- `ud; u.,rlitional grocery story, w, that our Business Centers t,_ .L,_ Irwd�tional grocery stores .... !�+: the ;, di i,le. . , Mil.. SIv. - follo\v'ing rationale l4': 1 _ '.,i,na it ,- tti l 1: I Ilre I,) WJill �.it, iottiml Ordinance \; °I, I_ I<t�'.. i`Ly L'f, ` - our, c ill IOC:IIIUIIti COnk,i L) II- resid:t t 1 to tl;i; end, sec ].. L- emit 'onal grocery market it itlorr cont, . ,i. l .0 ':� I'itvs ueighborinu.ds. -1 t', Bl.,iness Center Ntould definitely not und,n:,i t t it? s desire to support the tradint gioc ry market in locations Com'cnicnt to the :I- J- l r _t. Grocery stores and Busincs., .)ters kt;,:ch scn'e a signiticanify different p c)vt.!c .i_lnifcantk diflcmnt produr�. Althouvh tvc ,!, If 'i„ I }::Cit the Ordinance prohibits. or mas even intended to prohibit. a C'nstco Buf�ink,, Cen ; etc ( Irdi, mce does Create too much uncertainty for us to pursue a Rusincss Center in h:cti(aly request all opportunity to iff \tith the City to amend the l..,li tanc.: ttendcd} to nrake it clear that a Busincs, Center will not be �r, h Ntcu. 11' it , t4!.);Lt] �tfe fItould be glad to give the City Council a guided tour of the cµ -e let me know if you need any additional information. Thank you for considering this request. Sincercly. I im Rose UAT - Business Centers