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Home My WebLink About2009-12-16 e-packetSPECIAL MEETING ~ °°sx"S~~~ CITY COUNCIL ~, ~ OF THE o CITY OF SOUTH SAN FRANCISCO c'~LIFOR~tA P.O. Box 711 (City Hail, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, DECEMBER 16, 2009 7:00 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 16th day of December, 2009, at 7:00 p.m., in the Community Room at the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS PRESENTATIONS • Holiday Safety Presentation- Dennis Rosaia, Safety Inspector. ITEMS FROM COUNCIL • Announcements • Committee Reports • Recommendation naming the Fire Training Tower in honor of Thomas A. Galli CONSENT CALENDAR 1. Motion to approve the minutes of December 8, 2009. 2. Motion to confirm the expense claims of December 16, 2009. 3. Resolution authorizing the acceptance of a $250,000 grant from Genentech, Inc. to support the Main Library Improvement project and to amend the Library Department's 2009/2010 operating budget. 4. Resolution awarding a Public Improvements Agreement to Wastewater Solids Management for digester cleaning at the Water Quality Control Plant (WQCP) in an amount not to exceed $135,140. ~. Resolution approving the Compensation Program for the City of South San Francisco Employees, Executive Management Unit dated October 1, 2009 though June 30, 2011. 6. Resolution approving the i~Iemorar~dum of Understanding for the City of South San Francisco Confidential Unit, Teamsters I,ocai 856, dated July 1, 2008 through June 30, 201 l . LEGISi,ATIVE BUSINESS 7. An Ordinance Amending the South San Francisco Municipal Code, Chapter 14.08, to the Streamlining Provisions required by the Federal Pretreatment Regulations and to update requirements related to discharge of Fats, Oils, and Grease (FOG) into the sanitary sewer collection system. ADMINISTRATIVE BUSINESS 8. Resolution amending the Master Fee Schedule to increase all parking meter rates by $0.25 per hour. 9. Resolution approving the Annual Impact Fee and Sewer Capacity Fee Report. CLOSED SESSION 10. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code § 54957.6) Agency designated representative: Kathy Mount Employee organizations: AFSCME, Local 1569, AFL-CIO Confidential Unit, Teamsters Local 856 International Association of Firefighters, Local 1507 Mid-management Unit International Union of Operating Engineers, Local 39 South San Francisco Police Association Public Safety Managers Executive Management Unit. COMMUNITY FORUM SPECIAL CITY COUNCIL MEETING DECEMBER 16, 2009 AGENDA PAGE 2 DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Philip D. White, Fire Chief SUBJECT: RECOMMENDATION TO NAME FIRE TRAINING TOWER IN HONOR OF THOMAS A. GALLI RECOMMENDATION It is recommended that the City Council name the Fire Department's training tower in honor of retired Fire Captain, Thomas Galli its first fire training officer. BACKGROUND/DISCUSSION On September 23, 2009 a petition from retired members of the South San Francisco Fire Department was presented to the City Council requesting that they consider naming the Fire Department's recently constructed training tower after retired Fire Captain Tom Galli. Accordingly, this request was forwarded to the Naming Sub-Committee of the City Council for its review and recommendation to the full Council at a later date. On December 71h, the Naming Sub-Committee met and approved bringing the request before the City Council for its consideration. The Galli family has a long association with the South San Francisco Fire Department beginning with Capt. Galli's grandfather Antone Phillips who started his career as a volunteer with Hose Cart No. 1 from 1892 until his death in 1927. Tom's father, Thomas Galli Sr., was also a volunteer firefighter serving from 1922 until 1945. Tom Galli Jr. began his career as a paid firefighter shortly after returning from World War II on January 3, 1949. Tom first responded to emergency calls from the fire station located in the basement of City Hall (where the Finance Department is now) and then transferred to the newly constructed Central Fire Station on Baden Ave. Prior to becoming the Fire Department's first training officer, Tom was an apparatus/operator (drove the fire engine or truck) and fire captain. In recognition of his enthusiasm and attention to detail Fire Chief Alex Welte assigned Tom to run the newly created Training Division. Tom served in this capacity until his retirement on June 29, 1978. The following is a partial list of his many accomplishments: 1. Attended one of the first train-the-trainer programs for training officers that later became a model for the rest of the nation (Fire Service Instructor Accreditation Program.) Staff Report Subject: RECOMENDATION TO NAME TRAINING TOWER. Page 2 2. In response to the need to teach SSF firefighters about modern firefighting equipment and methods he created the Department's first training manual. The training manual covered topics such as how to pull a fire hose, appropriate nozzle patterns, responding to hazardous materials incidents and much more. For the first time, the training being delivered was consistent and relevant to the fire problems found in South San Francisco. This training manual was also the manual used to train the Department's volunteer firefighters as well. 3. In response to requests from private industry (Fuller O'Brien Paint Co.), Tom helped organize its employee's into fire brigades where they learned how to extinguish fires and handle other emergencies. 4. As word spread of the Department's interest in presenting health and safety training Tom was also asked to help with the development of business evacuation plans, present fire extinguisher training and teach first-aid and CPR to employees of local businesses, boy scouts, girl scouts and any other interested parties. Tom fondly recalls the many CPR classes he helped to present with his girlfriend "Resusci-Anne". 5. After attending a safe driving program hosted by Pacific Bell, Tom implemented the Department's Emergency Vehicle Operation Program (the only one of its kind is San Mateo County). Many elements of the program he developed are still present to this day. Every aspiring fire/apparatus engineer, as part of his/her check-off, needs to demonstrate their ability to pass the "Alley Dock", "Parallel Park", "Diminishing Clearance" and "Serpentine" driving tests that Tom created. 6. Tom also played a key role in developing the procedures for fire pump testing and vehicle maintenance, many of which are also used today. Throughout his career, Training Officer Galli was dedicated to insuring that his fellow firefighters received the best training possible. He accomplished this by providing realistic training simulations, training frequently and encouraging them to perform better than they thought possible. FUNDING No funding is required as a result of this action. CONCLUSION By naming the training tower after Captain Tom Galli, the City will be memorializing not only his contributions to the Fire Department and the City, but will also inspire others to follow in his footsteps. By: Philip D. hite Fire Chief •G Approve +- arry M. Nagel City Manager Staff Report Subject: RECOMENDATION TO NAME TRAINING TOWER Page 3 s, .~.-i-4y~yy~ ~..~.g - - .. L t ~ ~4tt'~v.Y. i. ~kX S^ Training Officer Galli instructing fire recruits Dave Parenti, John Scafiri and Jerry Holbrook (left to right) on how to use the "inhalator" for victims who have stopped breathing lviembers of Hose (;ompany No. 1 on Grand Ave. l~~'I~NUTES SPECIAL MEETING Installation crud Reorganization CITY COTJIJCIL OF THE CITY OF SOUTH- SAN FRANCISCO P.Q. Box 711 (City Hall, 4(~0 Grand Avenue) So>>th San Francisco, California 94083 (F50) 877-8518 Meeting held at: SOUTH SAN FRANCISCO CONFERENCE CENTER 255 SOUTH AIRPORT BOULEVARD SOUTH SAN FRANCISCO, CA TUESDAY, DECEMBER 8, 2009 l . Called to Order 2. Roll Call: 3. 4 5 Ei. 7:C5 p.m. ... ~r:~ ~. ~ FT Present: Councilmen Garbarino, Gonzalez and Mullin, Vice Mayor Addiego, and Mayor Matsumoto. Absent None. Post Colors -Echo Company of the Second Battalion, 23`~ Marine Regiment, 4''' Marine Division. Colors were honorably and duly posted by Echo Company of the Second Battalion, 23`~ Marine Regiment, ~l'h Marine Division. Pledge of Allegiance. Introduction ol~ Elected Ollicials. Led by Mayor Matsumoto. Mayor Matsumoto introduced the elected ollicials and/or their representatives that were in attendance at the nlec(ing. Public Comments -comments were limited to items on the Speci~~l Meeting Agenda. None. 7. Mayor declares the purpose of the meeting. ~~layor Matsumoto declared the purpose oFthe llleeting ~.r«s to s~,,;~;,-'n the elected o1-liciais Ci1:it 1Ve1'e '.':;-elected in til% l~ovelllber 3, 2~i:1`! h~~L'lllcll%li L' lectlon ~iil(1 l~eOrgaili~~; the S`;Ir!: S~lli F r~lliClSCO CIt~~ COUI1Ci1. Q. Tlesolutioll No..~~5-wv~ can~~zssing returns and declarlllg results o. ~al;~~ South gall Francisco General 1Vhlllicipal Election on November 3, 200. City Clem tviartlnelll-Larson r 'aCl the ReSC1Ul1on that 1S attactled aS :'„l'"1111~iL A hereto. Vlotio~l- Councillllan Garh~u~ino%Second- Councilman Goriz<ilez: to Approve Resolution No. ~g- 2009. 9. Oaths of Olfce Administered to Offici~ils Reelected in November 3, 2U09 General Municipal Election. Oaths of Office were administered as follows: Elected Official Hon. Mark Addiego Hon. Pedro Gonzalez Hon. Karyl Matsumoto Hon. Krista Martinelli- Hon. Richard Battaglia Sworn in By: Hon. Judge Quentin Kopp Hon. Judge Donald Frarchi Former Chief of Police, Mark Raffaelli* Larson Krista's Grandfather, Chris Ramos* Hon. Krista Martinelli-Larson * Mark Raffaelli and Chris Ramos were duly deputized for the purpose of swearing-in the elected officials noted. 10. Reorb~nization ol~ dle City Council a. Presentation of Mayor's Award and Remarks of Outgoing Mayor Mayor Matsumoto presented the Mayor's Award to Lou Poletti and delivered outgoing remarks. b. Nominations for Mayor; close of nominations; appointment Motion -Councilman Garbarino: to nominate and appoint Mark N. Addiego to serve as Mayor in the City of South San Francisco. Unanimously approved by voice vote. c. Nominations for Vice Mayor; close of nominations; appointment Motion- Councilman Gonzalez/Second- Mayor Addiego: to nominate and appoint Kevin Mullin to serve as Vice Mayor of the City of South San Francisco. Unanimously approved by voice vote. SPECIAL CITY COUNCIL MEETING DECEMBER 8, 2009 MINUTES PAGE 2 d e. I L. Oaths of Office administered to incoming Mayor and Vice Mayor. Oaths of Of~ ce ~~~ere administered as follows: ,-, ~ r ~ ectea Ot~~c,al Ion, ~~1aycr Mark Addiego Hon. Vice l~Iaror i~evin Mullin Incoming Mayor's Rema?~ks. Mayor Addiego delivered remarks. rresentation to Outgoing Mayor. Sworn in By: Hon. Judge ~ue,ntin Kopp Hon. =~rista Martinelli-Lars: ~~~ Councilwoman Matsumoto was presented with gifts from the Council. Adjournment. Being no further business, Mayor Addiego adjourned the meeting at 8:07 p.m. Approved: iV1~u k N. Addiego, Mayor City of South Sa-1 Francisco SPECIAL CITY COUNCIL MEETING DECEMBER 8, 2009 MINUTES PAGE 3 Submitted by: Exhibit A RESOLUTION NO. 98-2009 CITY COUNCIL, CITY OF SOUTH SAN FRAANCISCO, STATE OF CALIFORNIA ~_ESOLU T ION CAI~?~~ASSIi~IG Ra:J I'URivS AND DECL~~~R_ING RESi_LfS OF THE C;E-NERAI.1UNiCIPALELECTIOi~~ 1IFI.D II~~I THE CITY OF SOUTH SAN FRANCISCO ON NOVEMBER 3, 2009. WI-IEREAS, a general Municipal Election was held iz1 ai:d tllro ~lghotrt the City of South Sa;~ Francisco on the 3'~~ day of November 2009, purse giant to Resolution No. 53-?C)09; for the election: of three members of the City Council, City Treasurer and City Clerk and to consider Measure 0; and WHEREAS, the City Clerlc presented to the City Council, for its inspection, all returns of the vote cast, pursuant to Election Code 102E4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San hrancisco that it finds: That there were 25,743 registered voters inthe City of South Sa~~ Francisco and that 5,764 votes were cast in the City of So~_~tl~ San Francisco; and 2. That the names ofpersons voted for as submitted at said General Municipal Election are as follows: (a.) As regularly-nominated candidates: Marls N. Addiego, Cotncihllember Pedro Gonzalez, Councilmember Kaiyl Matsumoto, Councilmember Kanala Silva Wolfe, Medical Legal Research Richard A. Battaglia, City Treasurer Krista Martinelli-Larson, City Clerlc/Mother (b) As write-in candidates: None 3. Election Results Council Member Council Member Council Member Council Member City Treasurer City Clerlc (a) That the record of the votes cast at said Creneral Municipal Election in favorof said candidates as shown by the official count at each of the several precincts established throughout said City by said City Cotiulcil for the purpose of conducting said Election is as shown on Exhibit "A" attached hereto, the same being a tabulation of the votes by precincts. (b) That the total votes cast at said General r/Iu»icihal Election in favor of Measure O =!»~? said candidates for the Offices or City Co~_rncil Member, City "hreasurer alld City Cieric aS Sho~.~~n by tiie Oflleial COUIit, and l]iCiUded 1;1 the totals Set forth in EXlllblt `~A~~, ale a.S follows: 4 Measure O: Votes in Ivor of Pleasure O 4,320 Votes against Meas~~~re O I,%4 City Council: Marls I~. ~? ddiego, Ce~u7cih nember 3,687 Pedro Gonzalez, Councilmember 3,736 Karyl Matsumoto, Councilmernber 3,652 Kamala Silva Wolfe, Medical Legal Research 2,620 City Treasurer: Richard A. Battaglia, City Treasurer 5,113 City Clerk: Krista Martinelli-Larson, City Clerlc/Motiler S,i i i That the City Council of said City hereby declares as follows: Marls N. Addiego, Pedro Gonzalez and Karyl MatSlln10t0 were duly elected at said General Municipal Election as members of the City Council of South SailFrancisco; Richard A. Battaglia was duly elected City Treasurer; and Krista Martinelli-Larson was duly elected City Clerk. Measure O was duly approved by voters at said General Municipal. Election. BE IT FURTHER RESOLVED that: 1. The Mayor shall, and is hereby ordered to issue a Certificate of Election to Krista Martinelli-Larson as City Clerlc. 2. The City Clerlc of said City shall, and is hereby ordered to, issue Certificates of Election to Mark N. Addiego, Pedro Gonzalez and Karyl Matsumoto as members of the City Council; and Richard A. Battaglia as City Treasurer. ~ ~ =~ x I hereby certify that the foregoii~ig Resolution ~~~as regularly introduced and adopted by the City Council of the City of South Sa.~ rrancisco at a Special meeting held on the S`" day ofDecenlbcr 2009 by the fnilotix/ing 1~ote: A1''ES: C~..~nci,;,:~n',crs Richard A. Garbari,~o, 1_'e%r~~ Gonzaie_. Itevi;; ~~Iuiiifi Mice Mayor ?~Iru-lc N. Add~iego and ?~.~Sa~or i~~ryl Matsumoto _ I~~ vES : None ABSTAIN: None ABSENT: None ATTEST: I certify that the demands set forth on this payment register are accurate and funds are available for payment.* DATED : ~ ~ ~ I 4' ~ ~~ FINANCE DIRECTOR *Note: Items below do not include payroll related payments Checks• Date Amount 12/09/09 828,64:1.41 Electronic Payments: Date Amount To Total Payments $ 828,641.41 Description This is to certify that the above bills were confirmed at the regular Council meeting held December 16, 2009. MAYOR COUNCIL MEMBER ~~2 ~I rvI s~r~E~ W I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 q I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w I \ \ \ \ \ \ ~. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ U' .'~. 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N H 0.' FC ~ N H 0.' N H f~' H P~+ W H ~y F4 W ~ Q O Q O W FC Q O Cl) t-7 ~ FC x Q FC w I w w w w m r~ w F w w w w w o a ~c w w «~~ w w ~ rx E-I rx x E-I rx ~C o x ~ I w cl. a a, x w a cn a a a a a F ~ a ~ ~ ~ ~ ~ a v cn w w ul w U a cn ~ 01 01 61 Ol ~ ~ ~I O N N N N H ri H H (2, 1 I I I I W I O O O O H H ri H O O O O O O N O O O O O O O N N N N N N O O N O (Yj I ~ cr yl ~ O O O O d' d' d' d' d' In O H H H r-I r-I H rl O O O O O O H H O H I M M M M M M f!) M M M M M M N M M dl VI N dl VI VI M M M M M M N N M N '.7 I cl' W ~' ~' d' d' d" [M d' d' <i' V' V' d' d' d' d' d' d' V' V' ~' d' d' d' ~' d' d' d' d' V' d' z I 1 I I I i t I I I 1 I I I I 1 I 1 1 I I 1 I I I I I I 1 I I I 1 I O O O O H rl r{ H H H H N N O O O O O O O O O O O O O O O O O O O E-I I N N N N N N N N N N N N M H H H H N H H H H N N M M M M l0 h [~ rl 'z, I t` ~ t` t` [~ (` L ~ t` t` h t` ~ ~ N N N N N In Lf) Lfl In In lP 111 111 In In In Ill 111 lD 'a I N N N N N N N N N N N N N f`'1 (`l M M f`'1 ~' d' ~' d' d' V' d' d' ~' ~' ~' V' d' d' Q I H H H H r-I rl H r-i ri H H H H H H rl H H H H H H H H H H H H H H H r-I U I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I U I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Q,' I H H H H H H rl H H H H H H ri H r--1 H rl H H H H H H H H H H H H .-1 H a a a s U U U U U U U W 2 C7 L7 C7 C7 C7 cq to u] cq W W u] v] m cn m C7 C7 z O O O O H H H H H H H ',~ x z Z `~. z z U U W P7 W W a z Z O P: P: ~ P' w w w w w w w H U H H H H W U U U U 0.', p; P: 0.'. Q', H H H [~ [~ F F w w w w w w w w rx rx rx x H H H H ~ ~ ,7 p p p '~~ [-~ [~ [~ ~ rC r.C ~ ~ ~ ~ ~ ~ ~ ~ H W W W w E-I w w w w z z v U U v c7 x x ~ a a a a p; 0.' a Cl' p; w' P' U W W W W Z w w w w W W H U' U (x F F FI h h F F w z Z Z Z W FC FC FC ~ F F ~a ~a x ~a cn H H H U H H H H ,~ [1' [L' P: ai Zi ~.. a a U] W I H C7 C7 C7 C7 W h F h E-I H H u] u] cn cn H ~ z z z z o ~ ~ x x x x z rx w w w w a ~a ~a x x ~ ~ a a a a H z I w w ~ ~ ~ ~ ~ I w a a a a ~ F H H F F F 3 ~ 3 3 Q I ~ ~ ~ ~ w z z z z w w w w w w ~ I W fx R' Cx R: Q H H H H W W Q Q Q Q f~ I U W W W W r~ r~ ~ r~ ~ [L' H H H H x o ~ w w w w Q ~ ~ ~ ~ m ~ "' `~ a m ~ ~ a ~ O t7 c7 C7 U ~ F a, c n ~ m c4 w I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l0 ~' I ~ Ol 61 Q1 61 Ol Ol Ol 01 61 61 Ol Ol Ol Ol Ol 01 Ol Ol 61 Ol 6l 61 61 61 01 01 01 Ol 01 01 61 q I o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W I ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ \ ~ (~ ,Y, I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ~(,' U I ~-'~ H H H H rl rl H H H ri H r-1 H r-I H H H H r-I H H H H H H H r-I H H H ri a, l0 lO CO ~ l0 IP M ~ H dl dl dl dl CO d' N M [r W CO O N l0 M M Ol M M M M Lf1 M O O O N 01 H H O ~O ~ N CO N N d0 M Ql O N O O7 Lf) L~ Ol h [~ CO Ql Ol O7 O dD YL I ul IP Lf) cr M d' a' 111 d' d' ~ d' dl ~ d' V' a' d' ~ 111 M <r M d' M M M d' d' M d' M I L(1 1.(1 Lfl Lf) lfl L!1 L(1 lf) Lf) lf) tf) 111 lfl L(1 L(1 lfl Lfl L(1 LC1 l(1 lf) lfl Il) L11 l(1 l(1 L(1 Lfl Lfl lfl LI1 Lf) .Y. 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F H ~ z a w w O Q rx ~ O PQ W F r.~ F cn a w ~ o h rx W H N x ~ rx F h z ~ o U o w F ~ n x ~ n Q 0 H F z a ~ ~ ~ W H cn Q W U Wcn x - H a ~ C7 W w a H O O cn ~ U H x W ~ ~' O xx ~ W 0 H F z a ~ ~ m W H ~ ~ W U ~ x a I w I (p I I I N O M d, N O M ~ N O M C N O M V' N O M ~, N O M ~ N O M .yl N O M ~ N O M ~ N O M dl N O M [M H 111 M d' O ~ H N ~0 l~ N N I l0 C~ CO N I ~ N OD N I O Ol W N I O ~ 40 N 1 N '~ ~ N I 111 dl ~ N I 111 ~ ~ N I z 1 1 F I rz r~ i O I I O H ~ ~ r-i I O ,~ ~ ~ H I O H ~ al ,~ I O '-{ ~ C ,~ I O H ~ ~ r-I 1 O ,..~ ~ ~ H I O ,--~ tT .yl ,~ I O H pl ~ H I O rl dl ~ H I O ri pl ~ H I O H Ol cN ri 1 O H <1' C~ O I I O O O O O I O O O O O I O O O O O I O O O O O I O O O O O I O O O O O I O O O O O I O O O O O I O O O O O 1 U 1 U I r.~ 1 I ~O t` 1 ~O r 1 lD r I l0 [~ 1 l0 ~ I l0 r I I.D r I lD r I l0 [~ I l0 ~ 1 lO r t` [~ 61 t` H ~ H m r-i co rl m ,-i m H m ri m rl o0 ` o ' I 1 I z I I a W C7 ,~ rx ~ v r F H U w C7 ~ rx ~ o ~, F H U W L7 ~ x ~ v ~, F N U W C7 ~ rx ~ v ~, H H u w C7 ~ rx ~ o ~, F H v w C7 rr; a ~ o ~, F H o W C7 ~ a ~ v ~ F H U W C7 w ~ o ~ F H U W C7 ~ a ~ ~ ~ F H v W C7 r.C x ~ c~ ~ F H v W C7 FC a ~ v r F H v W U z ~ a ~ z H 1 a ~ F U U FC ~ z W a w z °z F U U ~ ~ z W a w z °z F U U FC ~ z W a w z °z F U U ~ ~ z W a w z °z F U U FC ~ z W a w z z F U U ~ ~ z W a w z z F U U ~ ~ z W a w z °z F U U ~ ~ z W a w z °z F U U ~ ~ z w a w z °z o v I o I N rl R: I P+ I r-I H VI CO N O a F O F a 0 z w H <f' N W a F O F Q a Q a 0 U W x M ~o~Tx sA,y,~~ 0 n ~. v o c'4LIFOR~1~ a rt ego DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF $250,000 FROM GENENTECH, INC. TO SUPPORT THE MAIN LIBRARY IMPROVEMENT PROJECT AND TO AMEND THE LIBRARY DEPARTMENT'S 2009/2010 OPERATING BUDGET RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $250,000 from Genentech, Inc. to fund the Main Library Improvement Project and amending the Capital Improvement Program 2009/2010 operating budget. BACKGROUND Genentech, Inc. has awarded the Library Department $250,000 to partially fiend the Main Library Improvement Project. The Main Library Improvement Project addresses general maintenance issues and provides infrastructure, customer service, accessibility and security upgrades at the Main Library, located at 840 West Orange Avenue. Improvements include relocating the Children's area to a larger, more secure space, upgrading the two current children's restrooms to an ADA-accessible family restroom, installing new shelving for easier access and display, and expanding comfortable seating areas. The prof ect also includes the installation of 23 new computers and improvements to wiring to accommodate these computers. The construction contract was previously awarded to Euro Style Management, Inc. of North Highlands, California. The Main Library will be closed for the duration of the prof ect as of November 26, 2009, with an anticipated reopening in April, 2010. The hours at the Grand. Avenue Branch Library have been increased to provide patron access to materials and services, and additional parking has been made available. Notice of these changes has been made through our City website, the distribution of fliers and bookmarks, and information posted on the Main Library doors. The Main Library outside book drops will be available for library books and audio/visual returns throughout the project. FT 1Ni)TN(~ Grant funds received will be used to amend the City's 2009/2010 Capital Improvement Program. Staff Report Subject: Acceptance of $250,000 in grant funding from Genentech, Inc. to support the Main Library Improvement Project Page 2 CONCLUSION It is recommended that the City Council accept $250,000 in grant funding from Genentech, Inc. to partially fund the Main Library Improvement Project and amend the Capital Improvement Program fiscal year 2009/2010 operating budget. y ~ ~ Valerie Sommer Library Director Attachments: Resolution Grant Application Approved : ~ ~~ Barry M. Nagel City Manager vs/abs RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RLSOLt1TION ALITIIORI7ING "1'HE ACCEI'"hANCL OF $250,000 FROM GENENTECH, INC. TO SUPPORT THE MAIN LIBRARY IMPROVEMENT PROJECT AND AMEND THE 2009/2010 CAPIr1,AL IMPROVLMENr1,13t1DCrET WHEREAS, staff recommends the acceptance of grant funding in the amount of $250,000 from Genentech, Inc. to fund the Main Library Improvement Project; and WHEREAS, the funds will be used to amend this year's operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby accepts $250,000 from Genentech, Inc. to fund the Main Library Improvement Project and amends the 2009-2010 Operating Budget, to reflect an increase of $250,000 to the Capital Improvement budget. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the day of 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk -1- G~r.nentech Foundation i~enr~nte•c:h Forrrm.:t;on file:///C:/L)ocuments%20and°io20Settin~s/abernier/L,ocal%20Settings Website Feedback Reviev; YcurAYpli^3tion Please review your proposal information. If you are not ready to submit your proposal at this time, click the "Save Orly" button. The proposal will then be available to edit from the 1lJelcome page. Clicking the Submit button vrill immediately send the application to Genentech and you will then be unable to perform further editing. Contact Inforrnati~on First Name (required) Valerie ~asc Name (required) Sommer Title Library Director Alternate Contact Cheryl Grantano-Ric:h Adch-ess 840 West Orange Avenue Address 2 City South San Francisco Stale California of 9 Zip 94080-3125 Telephone (required) 6508293872 Fax 6508293866 E-mail Address (required) sommer@plsinfo.org Requesting Organizaition Legal Name (required) South San Francisco Public Library AKA Name Address (required) 840 West Orange AvE:nue Address 2 City (required) South San Francisco State (required) California Zip (required} 94080-3125 Website Address www.ssf.net/library Library is activ~~iisEUnunittciydbq~rovidfig-it~3~ possibl e combination of library materials, and services to meE;t the informational, educational and recreational needs of our rnulticultural community, in a professional manner, with a human touch. Unique Strengths /Leadership The South San Francisco Public Library has provided free Abilities (required) library services to our cornmunity since 1917. Current unique services and collections include: the largest Spanish-language book and audio visual collection in North San Mateo County; a strong consumer health/medical collection, which has been a collection focus since the early 1990s; Project Read, our adult literacy program established in 1985 to meet literacy needs of our community; the Community Learning CentE:r, which opened in 1999 in response to cornmunity focus group requests for -2- i~iini~nnn e_cc r,w,r Genentech Foundation file:l//C:/L)ocuments%20and°i°20Settings/abernier/Local%20Settin homework help, English, citizenship,comptrter classes, parenting education and more; our Learning Wheels early literacy van which provides story times, free books and parenting assistance to families using local health clinics, social service agencies, preschools and pre-kindergarten classes; a wide variety volunteer opportunities for local youth. Our success can be attrr'•.3uted to: a) talented, experience staff :vho bring library and literacy services beyond the walls of the library facilities and intw Ll:e heart of the South San Francisco community, b) development of collections, nro~ams and services to meet changing cultural, economic, informationa] and educational needs of our coma-,unity, c} partnerships with local agencies, organizations, schools, and community members, d) strong support from City Council, City administration and the L Crary Board of Trustees. Library Director Valerie Sommer has spent over 20 years providing !ibrary services to our community; she is a past Board member of the South San Francisco Chamber of Commerce and a current Board member of the Historical Society of South San Francisco, from whom she was awarded 'The Victor John Feudale Award at the October 23, 2009 A.-uruaC Banquet and Awards Ceremony. Valerie's entire staff shares her love of the South San Francisco community and her enthusiasm for grid pride in public library services. Request Information Requested Cash Amount (required) $250,000.00 Time Period December 1, 2009 -April 30, 2010 Project /Program Name (required) Main Library ImprovemE:nt Protect Populations Served (required) We serve South Sari Francisco residents; the City's workforce; patrons from San Mateo County, San Francesco City/County and other neighboring areas. A very diverse population uses our library, and our collection and services reflect the diversity of interests, languages and backgrounds of our community. We have high usagq frorn our senior and youth populations. The City has a Non Discrimination Policy which we embrace. Hiring and Employment Practices The City has anon-discrimination policy for hiring and actively (required) seeks a broad and qualified mix of candidates. The City does not .discriminate on the basil of age, political affiliation, race, national origin, ethnicity, gender, disability, religious beliefs or sexual orientation. The current revision of the City's Non-discrimination/harassment Policy was signed by the City Manager on November 10, 2008; the Policy's purpose "is to state the City's policy of zero tolerance for discrimination, harassment and retaliation as defined in this administration instruction." City recruitment brochures advise applicants that the City is an equal opportunity employer: "The City of South San Francisco values diversity in its workforce and is committed to actively pursuing a program of equal employment and non-discrimination." Organizational Vatues (required) The Library's Mission Statement states that we are "actively committed to providing the best possible combination of library materials and seNices to meet the informational, educational and recreational needs of our multicultural community." We serve a multicultural community composed of people of all ages, cultures, languages, literacy and educational levels, economic backgrounds, lifestyles and interests. Our collections, services, programs and staff reflect and relate to the diversity in our community. In addition, the City values diversity and has included it as part of our Core Values: -3- of 9 Genentech Foundation file:///C:/Documents%20and%20Settings/abernier/Local%20Settings * Recognizing and Respecting Diversity and Encouraging Opinions of the Community and t;he Workforce Board of Directors (requir•~d) Cisca Hansen, ~ resident Betty Battaglia, A/ice Pre:;ident Lando Baldocchi, Secret<uy Pat Fitzpatrick, Boardl member Robert Turnberg, Board member Program History South San Francisco Public Library is a City Library supported by the General Fund of the City of South San Francisco and targeted grant funding. The Library has provided services since 1917, when the Grand Avenue "Carnegie" Library opened. Currently, the Library provides services in three facilities: the Main Library on We~;t Orange Avenue (opened in 1966); Grand Avenue Branch Library in the downtown corridor (opened in 1917); the Community Learning Center in the heart of "Old Town" (opened in 1999). Since 1974, South San Francisco Public Library has been a member of the Peninsula Library System (PLS), e consortium of the City, County and Community College libraries in San Mateo County; library cardholders have access to the collections in all 35 public and community college libraries throughiout the County. On December 12th, 1984, South San Francisco Library began online circulation of library materials as a member of the Peninsula Library Automated Network (PLAN j, giving our patrons online access to the combined holdings of ali of the PLS libraries.. Throughout our history, the Library has established and expanded programs, collections and services to meet the changing needs of our community. Current community oriented and unique services include: a large Spanish-language materials collection and a South San Francisco history collection at Grand Avenue Library; asystem-wide collection strength in the area of consumer healthJmed'ical; Project Read, our adult literacy program; a "Learning Wheels" early literacy outreach van; Community Learning Center homework, ESL, Citizenship, computer classes anti more; an active and creative Children's and Teen Section which offers year-round vc>lunteer opportunities for local youth, an active summer reading and tutoring program, sev~an children's story times a week, and expanded teen programrning developed with the help of our Teen Advisory Board. Focus Area (required) Community Project Purpose (required) The South San Francisco Main Library Improvement Project will address general maintenance and infrastructure issues in this 43-year old facility, and provide greater accessibility and comfort in the faccility. In addition to receiving new carpet and paint after 16 years of "wear and tear," there will be additional improvements in this popular and busy facility: the children's area will be relocated away from the heavy traffic area near the parking lot door, providing a higher level of safety and privacy for young children and their families; the two small children's restrooms will be upgraded into an ADA-accessible family restroom; approximately 23 additional public access computers will be installed in the children and adult areas to help address community demand; comfortable reading areas will be expanded; electrical arcess for online services and wireless laptop users will be upgraded; the crowded new book, DVD, and books on CD display areas will be improved; public service desks will be combined for greater efficiency and easier patron -4- of 9 ,~,,,,,.,,.,.,, . ~. r, , Genentech Foundation file:///C':/Documents%20anda/°20Settin~s/abernier/Local%20Settir access. The Library will have a clean, fresh, welcoming feel, with improved access to collections and online services. Project Audience (required) South San Francisco residents; local workforce; San Mateo County residents; residents of neighboring areas. Our clientele includes a diversity of ages, national origins, ethnicities, religious beliefs, and physical and mental abilities. Actiz•ities (required) 'New carpet will be installed. * Interior :vans will be painted. * The chddren's area will be relocated away from the heavy traffic area near the parking lot door, providing a hi~;er level of safety and privacy for young children and their families. * The current entrance of the young children's picture book room wlll be sealed and a new entrance w!11 be created in the relocated children's room * The two small children's restrooms wdl be upf~aded into an ADA-accessible family restroom. * Approximately 23 additional public access computers will be installed in the chddreri and adult areas to help address community demand. * Comfortable reading areas will be expanded. * Electrical access for online services and wireless laptop users will be upgraded. * Wireless network access points w~l be expanded. * Crowded New Book, D'VD, and Books on CD display areas will be improved. * Public service docks will be combined for greater efficiency and easier patron access. * Three current staff areas wdl be consolidated into one secure, efficient space with the installation of a new wall Program 1Veed (required) The South San Francisco Public Library has reached the point where it can no longer effectively meet the community's needs in the Main Library on West Orange Avenue. The Main Library opened on November 28, 1966 with a capacity for 80,000 volumes and 2,Op0 phonograph records. The current collection is comprised of approximately 125,300 books and 15,300 audiovisual materials (CDs, videos, DVDs, Books on CD, Books on Tape). While the seating capacity of the library has not changed much since opening day, the population of South San Francisco has grown significantly. South San Francisco's population was 39,418 in 1960, 46,000 in 1970 and 62,614 today. Anticipated) annual circulation on opening day in 1966 was 250,000 items-per year. Fiscal year 2008/2009 circulation at the Main Library was E~66,154 items. Last year, Main Library attendance was approximately 300,000 persons. Library services and pro;ga,ns are at capacity. The Internet computers are heavily used, and during busy times of the day and school holidays patrons wait: ui line for the next available computer. Unfortunately, due to space and electrical constraints in the Main Library, we have been wsable to expand online services to meet demand. Children's story times, programs and class visits are very crowded in the curront space configuration. In the thriving after school hours, available seating for children and teens is scarce and students working on group projects have little space to spread out and prepare materials. There are few available outlets fir patrons' laptops -5- of 9 Genentech Foundation file:///C:/Locuments%20and°%20Settin~/abenuer/Local%20Settin~s and not enough comfortable seating areas. This Library Improvement Project responds to the above mentioned needs. Expected Program Outcomes The Library Improvement Project will provide: (required) * An expanded, more secure children's area, ailowing for more space for collections, servics and programs for parents and children * An ADA accessble family restroom * A public service desk reconfigured for easier patron access * An expanded teen area with access to online homework resources * Additional Internet access via electrical and wireless upgrades * 23 additional public use computers * 34% more comfortable seats for reading and study * New shelving fpr our D'VD, new books and Books on CD collections, impraving accessbility to these popular collections and increasing r_.apacity by 25% * A clean, fresh, welcoming environment to the patrons who visit our hbrary a cumulative total of 300,000 times each year Program F9etrics (required) vJe anticipate an increase in positive comments from our patrons via personal "across the desk" contacts and patron satisfaction card's. Easier, expanded access to collections and staff will result in higher usage of this facility, measurable via circulation and reference question statistics as well as program attendance. Genentech Ernplcyee Contact Geraldine O'Connor -Associate Director of Government Affairs; Government Affairs Department Geraldine has been a longtime supporter and user of Library services and has volunteered at Project Read's annual Trivia Challenge fundraiser. Volunteer Opportunities 1. At Main and Grand Avenue libraries volunteer projects include book delivery to homebound patrons, clipping and archiving local newspaper articles, shelving and collection maintenance tasks, special program presentations. 2. Project Read needs tutoRS for the one-on-one adult literacy program and office assistance. 3. Community Learning Center needs volunteers in aftar-school homework programs, English classes, computer classes and lab, children's activities, and administrative support. Organization Operating Budget File Organization Operating Budget Library Department 2009-2010 (required) SALARIES AND 13ENE;FITS: Salaries $ 436,266 Benefits $2,970,576 Total sal/benefits $3,406,842 MATERIALS AND SERVICES: Other Contractual $ 31,500 Special Services $137,129 -6- of 9 Genentech Foundation Program /Project Itemized Budget File Program /Project Itemized Bt,dget (required) of 9 file:///C:/Documents%20and%20Settings/abernier/Local%20Settir Printing $ 2,250 Copiers $ 9,637 Office Supplies $ 14,590 Operating Supplies $ 47,Q97 Books, Publications $ [79,784 A/V iviaterials $ 59,750 Postage $ 3,000 Dues, meetings, m7eaf;e $ 6,550 Travel, Conferences $ 1,000 Staff Development $ 3,600 Insurance $ 27,900 Maintenance contracts $ 5,621 Promotional $ 8,165 Phone Service $ 4,556 Water $ 2,312 IT costs $242,136 Vehicle Operation/Maintenance $ 2,804 Bu~7ding Maintenance $ 8,800 Equipment Replacement $ 73,173 Telephone Equipment F:epl. $ 3,836 Total mat/serv $865,990 TOTAL OP. BUDGET $4,272,832 Electric and Data upgrade $21,000 Construction of new walls $26,000 Interior Wall Painting $60,000 Carpeting $65,000 Refinish existing furniture $17,861 Collection/furniture moving $50,000 New shelving and service desks $200,108* New furnishings (chairs, computer desks)$83,000* Office furniture $12,000 New computers/printers $78,000* ADA Bathroom upgrade $50,000 Architect/Consulting fees $35,000 TOTAL $697,969 *The Genentech funding wi71 be used to partially fiord new -7- Genentech Foundation file:///C:/Documents%20and°/~20Settings/abernier/Local%20Settin~s computers, new shelving, and new fumishings, including reader seats and public computer workstations with task seating. grogram Budget Narrativ? (required) Electric and data upgrade: 14 new circuits, 12 new 120 volt receptacles installed and wireless access point upgraded to a "g" at 54iv1bps. Construction of new walls: Create a wail allowing for a securt-, private staff area; create new, relocated entrance for young children's picture book room Interior wall painting -new paint in 13,600 square foot main, public floor of the library (materials and labor) Organization Funding Sources (required} Carpeting -new carpeting in 13,600 square foot main floor (materials and installation) Refinish existing fiimihlre: 17 reader tables and 92 chairs, benches and stools for patron use Collection/fumituce moving -- move and store approximately 50,000 volumes during constru.ctii~n; return and re-shelve when construction is complete New shelving and service desks: one joint Reference and Circulation Services desk; one service desk in teen and children's area; new shelving in children's area, teen area, a,'v area, new books area, reference area, large print area and adult fiction and nonfiction area; end panels as necessary* New furnishings: tables and task chairs for 44 public access computer stations; 40 lounge and reader chairs* Office furniture: systems fiirniture for staff and circulation task area New computers/printers 30 computers, 3 printers, wireless access points, 2 selfcheck computer units* ADA bathroom upgrade: convert two non-accessible boys and girls restrooms into one ADA accessible family restroom Architect/consulting fees: design work and project oversight *The Genentech funding will be used to partially land new computers, new sh~elvint;, and new furnishings, including reader seats and public computer workstations with task seating. Funding Sources -Library Department 2009-2010: City of South San Francisco $3,579,581 California State Funds $ 284,534 Federal Funds $ 33,000 Grants and donations $ 281,217 Fines and fees $ 94,500 Total Funding $ 4,272,8:32 Project /Program Funding (required) City of South San Francisco $397,969 Genentech Foundation $:250,000 (pending) Federal CDBG* funding $50,000 *CDBG =Community Development Block Grant -$- Genentech Foundation file:///C:/Documents%20and%:?OSettin~s/abernier/Local%20Settin: Past Funding October 18, 2006 RE;ader Leader, Project Read/Learning Wheels and Community Learning Centei;Homework Club projects $25,OOb Genentech contact - Janetta Nartey June 24, 2008 Learning Wheels project $60,000 Genentech contact - Janetta Nartey Fiscal Year 06/30/2010 Liens or Judgements (required) No Defendant in any Lawsuits (required) No IF "Yes" to Defendant Accounts Payable (required) Yes If 'Yes' to Accounts P~~yable The Library has accounts with a variety of program-related vendors such as book vendors, audio visual materials vendors, materials processing subcontractors, library system automation vendor and more, many of which total more than $10,000 on an annual basis. Our fully staffed Finance Department provides fiscal oversight do budgetary items. Highest Paid Emplayees (required) CALENDAR YEAR 2006 Library Director: Salar}~ $154,469.88, Benefits $48,119, Total $202,588.88 Asst. Library Director: Salary $107,036.72, Benefits $36,658.19, Total $143,694.91 Program Manager: Salary $83,241.60, Benefits $33,804.09, Total $117,045.69 CALENDAR YEAR 2007 Library Director: Salary $155,710.68, Benefits $51,897.17, Total $207,607.85 Asst. Lbrary Director ,Salary $111,060.82, Benefits $40,442.56, Total $151,503.38 Program Manager; Salary $86,500.80, Benefits $:16,364.24, Total $122, 865.04 CALENDAR YEAR 2007 Library Director: Salary $165,380.80, Benefits $58,498.16, Total $220,478.96 Asst. Library Director: ;Salary $111,841.60, Benefits $45,167.18, Total $157,008.78 Program Manager: Salary $88,628.80, Benefits $37,032.42, Total $125,661.22 Request-Payee Payee Organization South San Francisco Public Library Payee Streets 840 West Orange Avenue Payee Street2 Payee City South San Francisco -9- of 9 t ~/t n/~nno ~. « n~ Genentech Foundation fi le:///C:/Documents%20and%20Settin~s/abernier/Local%20Settin~s Payee Staf:e California Payee Zip Code 94080 Payee Telephone 650-829-3872 Payee Fax 650-829-3866 Submit Submit t~uery Submit t'No further changes will be allowed) Save Only Save Only iVccd Si-ifpor;? ----- G 2006 Genentech Foundation. All rights reserved. View our Terms of Use. Usit,C-,enentech's Website -10- of9 .,.,._,__-- - __-- DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: RESOLUTION AWARDING A PUBLIC IMPROVEMENTS AGREEMENT TO WASTEWATER SOLIDS MANAGEMENT FOR DIGESTER CLEANING AT THE WATER QUALITY CONTROL PLANT (WQCP) IN AN AMOUNT NOT TO EXCEED $135,140 RECOliV1MENDATION It is recarnmended that the City Council adopt a resolution awarding a Public Improvements Agreement to Wastewater Solids Management (WWSM) of Yerington, Nevada, for digester cleaning at the WQCP (Project No. 71-13235-2040) in an amount not to exceed $135,140. BACKGROUND/DISCUSSION On Octoher 14,,2009, City Council awarded a Consulting Services Agreement to Carollo Engineering for the V4rater Quality Control Plant (WQCP) Reliability Upgrades project. The project will evaluate the condition of Digesters Nos. 1, 2, and 3. Digesters Nos. 1 and 2 were constructed in 1950 and Digester 1`r1o. 3 was constructed in the early 1970s. In their current condition, the digester walls may fail under normal operating conditions and may have an even higher risk of failure under a seismic event. This project will analyze the digesters' existing structural condition and mechanical processes and develop cost-effective solutions to rehabilitate and/or replace in order to improve reliability and reduce the risk of failure. In order to evaluate the digesters, they need to be properly cleaned, screened, and dewatered. Digester cleaning, screening, and dewatering are very specialized processes and the WQCP staff does not have the manpower or the specialized equipment to perform the work. WQCP staff solicited three (3) firms to perform the required services: North American Digester Cleaning Services, Wastewater Solids Management, and Synagro. Below is a list of the firms' costs for digester cleaning, screening and dewatering. Engineer's Estimate: $200,000.00 WWSM of Yerington, Nevada $135,140.00 North American Digesters Cleaning Services of Portland, Oregon $174,380.00 Synegro of Burlingame, California :Did Not Respond Staff Report Subject: RESOLUTION AWARDING A PUBLIC IMPROVEMENTS AGREEMENT TU WASTEWATER SOLIDS MANAGEMENT FOR DIGESTER CLEANING AT THE WATER QUALITY CONTROL PLANT (WQCP) IN AN AMOUNT NOT TO EXCEED $135,140 Page 2 of 2 After reviewing the submitted proposals, staff recommends awarding an agreement to WWSM based on demonstrated competence and the professional qualifications necessary to perform the required services. Staff has also confirmed their experience via references on previous construction projects similar to the subject project. FUNDING Shown below is the cost breakdown for the project budget: WWSM Contract $ 135,140.00 Crane Rental $ 5,000.00 Contingency $ 20,000.00 Engineering /Administration $ 20,000.00 Total Project Budget $180,140.00 The project is included in the City of South San Francisco's 2009-2010 Capital Improvement Program (CIP) as part of the WQCP Reliability Upgrades Project (CIP/71-13235-2040-$1,000,000) and sufficient funds are available to cover the project costs. CONCLUSION Approval of the Public Improvements Agreement will allow for digester cleaning located at the WQCP in order to proceed with the structural evaluation. 1 By: _ --" Terry White(, Director of l~iblic Works Approved: ~ ~ Cti arry .Nagel City Manager Attachment: Resolution sb/kn/hl/tw RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION AWARDING A PUBLIC IMPROVEMENTS AGREEMENT TO WASTEWATER SOLIDS MANAGEMENT FOR DIGESTER CLEANING AT THE WATER QUALITY CONTROL PLANT (WQCP) IN AN AMOUNT NOT TO EXCEED $135,140 WHEREAS, digester cleaning, screening, and dewatering services are required prig to evaluating the digesters; and WHEREAS, staff solicited three (3) firms for digester cleaning, screening, and dewatering services; and WHEREAS, staff recommends awarding an agreement to Wastewater Solids Matagement ("WWSM") for $135,140 to perform digester cleaning, screening, and de watering services based on WWSM's demonstrated competence and professional qualifications necessary to conduct the required services; and WHEREAS, award of the Public Improvements Agreement to WWSM will allow for digester cleaning located at the Water Quality Control Plant (WQCP) for the proper evaiiiation; and WHEREAS, the project is included in the City of South San Francisco's 2009- 201 C1 Capital Improvement Program as part of the WQCP Reliability Upgrades Project and sufficient funds are available to cover the project costs. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards the. Public Improvements Agreement to Wastewater Solids Management for digester cleaning, screening, and dewatering services at the WQCP in an amount not to exceed $135,140, conditioned on WVVSM's timely execution of the project contract and submission of all required documents, including but not limited executed bonds, certificates of insurance, and endorsements, in accordance with the project documents. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City Council. ~ ~ =~ ~ -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 2009 by the following vote: AYES NOES ABSTAIN: A~ SENT: ATTEST: City Clerk -2- o J O c'~LIFOR~1~ a ego DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Kathy Mount, Human Resources Director SUBJECT: RESOLUTION APPROVING THE COMPENSATION PROGRAM FOR THE CITY OF SOUTH SAN FRANCISCO EXECUTIVE MANAGEMENT UNIT EMPLOYEES DATED OCTOBER 1, 2009 THROUGH JUNE 30, 2011 RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Compensation Program for the Executive Management Unit dated October 1, 2009 through June 30, 2011. This includes aone-year contract extension from the previously approved MOU dated October 1, 2009 through June 30, 2010. BACKGROUND The 2008-2009 Grand Jury issued a June 4, 2009 report with conclusions and recommendations for controlling employee costs. Staff's review of the report determined that some of the Grand Jury's recommendations have merit. One of these recommendations that is supported by the City and also by the San Mateo County City Managers Association is the two-tiering of retirement for new hires. The City negotiated with the Executive Management Unit aone-year extension to their current Compensation Program to modify the Ca1PERS retirement benefits the City will offer new employees in this unit effective no later than June 30, 2010. The current retirement benefit is provided at 2.7% at age 55 for Miscellaneous members of this unit, and 3% at age 50 for Safety members, based on one-year compensation for all members. New hires would be provided a retirement benefit at 2% at age 60 for Miscellaneous members, and 3% at age 55 for Safety members, based on the average of the last three-year compensation for all members. The extension includes a 2% across the board wage increase to base salary. This Compensation Program was negotiated within the parameters authorized by the City Council. Attached is the proposed Compensation Program incorporating the agreed-upon terms and conditions of employment for the unit and a summary of the substantive terms of the Compensation Program contract extension. FT TNT)TNC. The Program provides fora 2% wage increase effective July 1, 2010. The last unit wage increase for this unit was based on a salary survey and was effective July 1, 2007. Once the changes to the retirement formula have been implemented on behalf of all the City's Ca1PERS bargaining units, this change will provide long-term savings to the City due to reduced Staff Report Subject: Executive Management Compensation Program Date: December 16, 2009 Page 2 of 2 contributions to Ca1PERS. CONCLUSION It is recommended that the City Council Approve the Compensation Program for the Executive Management Unit dated October 1, 2009 through June 30, 2011. By: L L~;~(.~ Kathy Mount Human Resources Director - ~ ~~ Barry City Manager Attachments: Resolution Summary of Program Changes Compensation Program mm/km -2- RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE COMPENSATION PROGRAM FOR THE SOUTH SAN FRANCISCO EXECUTIVE MANAGEMENT UNIT DATED OCTOBER 1, 2009 THROUGH JUNE 30, 2011 WHEREAS, staff recommends approval of the Compensation Program for the South San Francisco Executive Management Unit dated October 1, 2009 through June 30, 201 l; and WHEREAS, the Compensation Program 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 Compensation Program for the South San Francisco Executive Management Unit dated October 1, 2009 through June 30, 2011. * ~ ~ ~ ~ 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 , 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 1304811.1 -1- City of South San Francisco Executive Management Summary of Program Changes Term of Contract-Contract extension through June 30, 2011. 2. Effective July 1, 2010: 2% base salary increase. 3. Effective no later than June 30, 2010: New Hires will be provided a Miscellaneous Retirement at 2% @ 60 with 3-year final compensation or Safety Retirement at 3% @ 55 with 3-year final compensation. 4. Extension of "Me Too" Clause through length of new Program providing that if other City bargaining units receive enhanced across the board salary or benefit changes, those enhancements will also be provided to this unit. -2- T~ e:~ ~ South l~.~ f Compensation Plan for the Executive-management Unit of the City of South San Francisco October 1, 2009 to June 30, 2011 (Supersedes October 1, 2009 to June 30, 2010) -3- ~. ompensation Plan for the Executive Management Unit of the City of South San Francisco October 1, 2009 through .Tune 30, 2011 able of ~.ontents Article Title 1 2 3 4 Preamble ................................................................................... ............................... Executive Management Employees Defined ....................................... .................... Compensation .......................................................................................................... 2.1 Salary ................................................................................................................ 2.2 Bilingual Incentive Pay for Executive Assistant to City Manager ................... 2.2.1. Testing and Compensation ................................................................ 2.2.2. Translating ......................................................................................... 2.2.3. Termination ....................................................................................... Allowances and Reimbursements ............................................................................ 3.1 Vehicles and Vehicle Allowances ..............................................................:.. 3.2 Executive Management Wellness Program ................................................... 3.3 Education Expense Reimbursement Program ............................................... Benefits .................................................................................................................... 4.1 Medical Insurance .......................................................................................... 4.1.1 Available Medical Plans .................................................................... 4.1.2 Payment of Premium Costs ............................................................... 4.1.3 Effective Date of Coverage ............................................................... 4.1.4 Changes in Medical Insurance for Employees .................................. 4.2 Dental Insurance ........................................................................................... 4.2.1 Available Plan .................................................................................... 4.2.2 Calendar Year Maximum .................................................................. 4.2.3 Orthodontia ........................................................................................ 4.2.4 Payment of Premium Costs ............................................................... 4.2.5 Effective Date of Coverage ............................................................... 4.3 Vision Insurance ............................................................................................ 4.3.1 Available Plan .................................................................................... 4.3.2 Payment of Premium Costs ............................................................... 4.3.3 Effective Date of Coverage ............................................... ................ 4.4 Discretionary Benefit Option ......................................................................... 4.4.1 Proof of Alternate Insurance .............................................................. 4.4.2 Method of Computation ..................................................................... Page 1 1 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 -4- Page ii City of South San Francisco Executive Management Compensation Plan Article Title 4.~ 4.6 4.7 4.8 4.9 4.10 4.11 4.12 Life and Accidental Death and Dismemberment Insurance .......................... 4.5.1 Term Life Value ................................................................................ 4.5.2 AD&D Value ..................................................................................... 4.5.3 Payment of Premium Costs ............................................................... 4.5.4 Effective Date of Coverage ............................................................... 4.5.5 Supplemental Life Insurance ............................................................. Disability Insurance Programs .................................. ..................................... 4.6.1 Short-term Disability .................................................... ..................... 4.6.2 Long-term Disability ......................................................................... 4.6.3 Payment of Premium Costs ............................................................... 4.6.4 Effective Date of Coverage ............................................................... Section 457 Deferred Compensation Plan ..................................................... Section 125 Plan ............................................................................................. 4.8.1 Group Insurance Premium Plan ......................................................... 4.8.2 Health Care Reimbursement .............................................................. 4.8.3 Dependent Care Reimbursement ....................................................... ..................... Deceased Employee Benefits ................................................... Retired Employee Benefits ............................................................................ 4.10.1 Group Medical Insurance for Qualifying Retirees ............................ 4.10.2Alternate Retiree Medical Plan ......................................................... 4.10.3 Group Dental Insurance for Qualifying Retirees ............................... 4.10.4Group Vision Insurance for Qualifying Retirees ............................... Retirement Benefits ....................................................................................... 4.11.1 Miscellaneous Employees ................................................................... 4.11.1.1 Employee Contributions to Retirement System .................... 4.11.1.2IRS Tax Exemption ............................................................... 4.11.1.3 Optional Public Agency Provisions ....................................... 4.11.1.3.1 Military Service Credit as Public Service........... 4.11.1.3.2 Unused Sick Leave Service Credit ..................... 4.11.2 Safety Employees ................................................................................ 4.11.2.1 Optional Public Agency Provisions ....................................... 4.11.2.1.1 Military Service Credit as Public Service........... 4.11.2.1.2 Third Level 1959 Survivor Benefits ................... 4.11.2.1.3 Unused Siclc Leave Service Credit ..................... Retirement Health Savings (RHS) Plan ......................................................... 4.12.1 Mandatory Employee Compensation Contributions ........................... 4.12.1.1 Tier 1 .................................................................................. 4.12.1.2 Tier 2 .................................................................................. 4.12.1 Mandatory Employee Leave Contributions ........................................ 4.12.1.1 Tier 1 .................................................................................. ................. 4.12.1.2 Tier 2 ................................................................. 4.12.3 Mandatory Excess Wellness Benefit Contribution ............................. Page 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 7 ~ Holidays .................................................................................................................... -5- City of South San Francisco Executive Management Compensation Plan Page iii. Article title 5.1 J.2 5.3 Observed Holidays ........................................................................................ 5.1.1 Full-day Holidays ................................................................................ 5.1.2 Half-day Holidays ............................................................................... National Day of Mourning or Celebration ......................................... Discretionary Holiday .................................................................................... page 7 7 8 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 9 9 10 10 10 10 10 6 Leaves ...................................................................................................................... 6.1 Vacation ......................................................................................................... 6.1.1 Vacation Accrual Rates ...................................................................... 6.1.2 Vacation Accumulation ...................................................................... 6.2 Administrative Leave .................................................................................... 6.2.1 Administrative Leave Taken .............................................................. 6.2.2 Carry-over of Administrative Leave .................................................. 6.2.3 Administrative Leave for New Employees ........................................ 6.2.3.1 Supplemental Administrative Leave ...................................... 6.2.3.2 Qualifying for Supplemental Administrative Leave .............. 6.2.3.3 Carrying Over Supplemental Administrative Leave .............. 6.3 Medical Appointment Leave ......................................................................... 6.4 Sick Leave ............................................,,........................................................ 6.4.1 Amount of Sick Leave ........................................................................ 6.4.2 Maximum Paid Sick Leave Time ....................................................... 6.5 Sick Leave as Family Care Leave ("Kin Care") ............................................ 6.6 Sick Leave Management Policy .................................................................... 6.7 Bereavement Leave ....................................................................................... 6.7.1 Definition of Family Member for Bereavement Leave ....................... 6.7.2 Leave Within California ............. . ......................................................... 6.7.3 Leave Outside California .................................................................... 6.8 Industrial Injury or Illness Leave .................................................................. 6.8.1 Miscellaneous Employee Industrial Injury or Illness Leave Amounts .............................................................................................. 6.8.2 Safety Employee Industrial Injury or Illness Leave Amounts ............ 6.8.3 Workers' Compensation Disability Payments .................................... 6.8.4 Separation from City Employment as a Result of aWork-related Injury or Illness ................................................................................... 6.9 Military Leave ............................................................................................... 6.10 Short-term or Long-term Disability Leave .................................................... 6.10.1 Insurance Premiums ............................................................................ 6.10.2Extending Leave .................................................................................. 6.10.3 Separating an Employee on Leave ...................................................... 6.11 Notification Procedures ................................................................................. 6.12 Separation Benefits ........................................................................................ 6.12.1 Payment of Unused Accrued Vacation Leave ................................... 6.12.2 Payment of Unused Accrued Siclc Leave .......................................... 6.12.3 Payment of Unused Accrued Sick Leave for Certain Employees ..... 10 10 10 10 10 11 11 11 11 11 11 11 11 12 -6- Page iv City of South San Francisco Executive Management Compensation Plan Article Title Page 7 Recreation Facilities and Classes ............................................................................. 12 7.1 Admission to Classes ..................................................................................... 12 7.2 Use of Facilities ............................................................................................. 12 8 Administration of Compensation Program .............................................................. 12 8.1 Administering Program ................................................................................. 12 8.2 Imposing Leave ............................................................................................. 12 8.3 Conflicts with Laws ....................................................................................... 12 9 Term of Compensation Program .............................................................................. 13 10 Signatures ................................................................................................................. 13 Appendix A. Executive Management Classifications ............................................ 14 Appendix B. "Me Too" Clause ............................................................................... 15 -~- Compensation ~lan for the ~xecutive Management nit of the City of South San Francisco October 1, 2009 through June 30, 2011 Preamble This Executive Management Compensation Program 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 Salary-There will a 2% across-the-board base salary increase effective July 1, 2010. 2.2 Bilingual Incentive Pay for Executive Assistant to the City Manager= 2.2.1 Testing and Compensation-Employee who has tested using City's standard bilingual testing procedures and demonstrating to the City Manager's satisfaction, proficiency in speaking a second language, shall be compensated at a rate of 2.5°io higher than the employee's actual base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, demonstrating a proficiency in the language as approved by the City Manager. 2.2.2 Ti°anslating-Employees who receive bilingual incentive pay are required, when called upon, to utilize their skills citywide. 2.2.3 Termination-The City has the right to discontinue the bilingual incentive pay at any time. Article 3. Allowances and Reimbursements -g- City of South San Francisco Page ? Executive Management Compensation Plan 3.1 Vehicles and Vehicle Allotivances- Executive Management employees may receive either a monthly automobile allowance of $200 or elect to have aCity-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 printing of this document are outlined as follows: - Position Monthly Vehicle Allowance Vehicle: Assistant Ci Mana er ....................................... x Assistant to the Ci Mana er x Chief of Police ..................................................... x Director of Economic & Community Develo ment ............................................ x Director of Human Resources ............................. x Director of Finance .............................................. x Director of Information Technolo ................... x Director of Parks & Recreation ........................... x Director of Public Works ..................................... x Executive Assistant to the Ci Mana er n/a n/a Fire Chief ............................................................. x Libra Director ......................................... 3.2 Executive Management Wellness Progi°am-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. 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 MedicalInsurance- 4.1.1 Available Medical Plans-Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one -9- Ciry of South San Francisco Executive Management Compensation Plan Page 3 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. 4.2 Dentallnsurance- 4.2.1 Available 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 Calendaf° Yeaf- 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. 4.2.5 Effective Date of Coverage-Coverage is effective on the first day of the month following completion of 6full-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. 4.3 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 Coves^age-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. -10- Page 4 City of South San Francisco Executive Management Compensation Plan 4.4 Discretiona~w 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 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 ADcecD 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 Szrpplemental 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 Pr°ograms-Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 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-tee°m Disability-After a 90-day waiting period, an employee may receive 66-2i3% 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 P~°emium Costs-The City shall pay the premium costs for medical, dental, vision, and life. insurance for employees 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 Defer°red 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 Plan-Based on the terms and conditions of the City's plan, each employee may participate in the IRS-defined Section 125 plan. 4.8.1 Group Insurance Premium Plan-This program is available for employee contributions towards health premiums to be deducted on a pre-tax basis as allowed under the Plan. -11- City of South San Francisco Executive Management Compensation Plan Page ~ 4.8.2 Health Cafe Reimbursement-This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 4.8.3 Dependent Care Reimbursement--This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. 4.9 Deceased Employee Benefits-The City will allow the spouse of a deceased employee/retiree to purchase insurance from aCity-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 G~°oup Medical Insurance for Qualifying Retirees-An employee who was hired prior to the adoption of an alternate retiree medical plan for all City bargaining units similar to the plan described in Section 5.10.2 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 CaIPERS 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. 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 Alternate Retiree Medical Plan ("GASB ")-An employee who was hired after the adoption of the plan for all bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 5.10.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee's base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City- sponsoredplan). 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 CaIPERS 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 fof° Qualifying Retie°ees-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 Ca1PERS and the City. In order to be eligible for this benefit, the employee must have five years of -12- Page 6 City of South San Francisco Executive Management Compensation Plan 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 (PERS) Miscellaneous Employees' 2.7% at age 55 Plan with one-year final compensation. Effective no later than June 30, 2010, new hires 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 (PEKE) 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. This current amount is S°ro of base salary for Miscellaneous Employees. 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 Pzcblic Agency Provisions: 4.11.1.3.1 Military Se~•vice 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 C3°edit-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. Effective no later than June 30, 2010, new hires will be provided Safety Employees' 3% at age 55 plan with three-year final compensation. 4.11.2.1 Optional Pzcblic 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. 4.11.2.2 Third Level 1959 Survivor Benefits-Survivor benefits for members who are not covered by Social Security. 4.11.2.3 Unused Sick Leave Service Credit-Credit for unused sick leave. -13- City of South San Francisco Executive Management Compensation Plan Page 7 4.12 Retie°ement Health Savins (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 Tie~° 1 (employees Bonn befof°e July 1, 1953)-Reduction of salary of $100 per pay period to be deposited into the RHS plan. 4.12.1.2 Tier 2 (boy°n on on 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 Contnibutions-All employees shall contribute accrued leave to the RHS plan as follows: 4.12.2.1 Tier 1 (employees hit°ed before 1984 on born befog°e 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. 4.12.2.2 Tier 2 (employees hired after 1983 or born on or after Jacly 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. Article 5. Holidays 5.1 A Observed Holidays-The City observes the following holidays: 5.1.1 Full-day Holidays-The City shall observe the following full-day holidays. January 1 .................................................................. Third Monday in January ......................................... Third Monday in February ....................................... Last Monday in May ................................................ July 4 First Monday in September ..................................... Second Monday in October ..................................... November 11 ............................................................ Fourth Thursday in November ................................. Friday following Fourth Thursday in November..... December 25 ............................................................ 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 -14- Page 8 City of South San Francisco Executive Management Compensation Plan 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 1Vational 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-Each employee shall be eligible for one holiday in addition to the holidays observed by the City. An employee's discretionary holiday may be taken at the choice of the employee. An employee must take the discretionary holiday each calendar year before the payperiod prior to the last payperiod of the calendar year. An employee who has not used the discretionary holiday by that payperiod shall be compensated for the unused holiday at the employee's actual hourly rate of pay at the next regular payperiod. 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. Length of Se~°vice Payperiod Acc~°ual Rate Annual Rate 1St through 4th years, inclusive 4.62 hours 15 days 5th through 14th years, inclusive 6.16 hours 20 days 15th through 24th years, inclusive 7.69 hours 25 days 25th and succeeding years 9.23 hours 30 days 6.1.2 Vacation Accumulation-An employee may accumulate up to 2 times annual accrual rate of vacation hours as unused vacation and carry-over such accumulated vacation from year to year. An employee who has accrued more than that amount will be compensated for the excess in January of each year in a manner consistent with Section 4.12.1 (RHS). Those employees who request to exceed the maximum accrual amount without being paid for the excess in January of each year may only do so with the express permission of the City Manager. 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 1st of each fiscal year. 6.2.1 Administrative Leave Taken-Administrative leave may be taken in paid time off or may be directly compensated at the employee's actual hourly rate at the time an employee requests such compensation in a manner consistent with Section 5.12.1 (RHS). -15- City of South San Francisco Executive Management Compensation Plan Page 9 6.2.2 Carryovei° of Administrative Leave-Administrative leave may not be carried forward from one fiscal year to the next. 6.2.3 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. 6.2.3.1 Supplemental Administ~°ative 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. 6.2.3.2 Qualifying for Supplemental Administrative Leave-The criteria for supplemental administrative leave is determined by the City Manager. 6.2.3.3 Carrying Ove~° Supplemental Administrative Leave-Supplemental administrative leave earned but not used may not be carried forward from one fiscal year to the next, nor may unused hours be converted to compensation. 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, administrative leave, and compensatory time 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. -16- Page 10 City of South San Francisco Executive Management Compensation Plan 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 foy° 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. 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-Employees 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 Indzrstf°ial Injuf:y 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 f °om City Employment as a Result of a Work-related Injury or Illness-A separation may arise out of awork-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. -17- City of South San Francisco Executive Management Compensation Plan Page 11 6.10 Short-tef°m- oc° 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, 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. 6.11 Notification Procedures-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. 6.12 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-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 actual 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 actual 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. This accrual shall include the amount credited, if any, on 1/1/86, for the period when the 90-day sick leave plan was in effect. Employees are eligible to receive payment for unused accumulated sick leave in the following circumstances: • Death; or. -18- Page 12 City of South San Francisco Executive Management Compensation Plan • Disability Retirement form CaIPERS: or • Full service retirement provided that all the following conditions are met: • 10 years of consecutive full time City service; • Simultaneous retirement from City service and a receipt of a service retirement from CaIPERS. • This is also the method for defining "Unused Accrued Sick Leave" pursuant to section 4.12.1 RHS Mandatory Leave Contributions. 6.12.3 Payment of Unzrsed Accrued Sick Leave for Certain Employees-Retroactive- Under the discontinued sick leave accumulation plan, an employee who had accumulated unused sick leave hours on record as of June 27, 1975, and who previously did not receive payment for such sick leave, shall receive 50 percent payment for the recorded hours upon the separation of the employee from the City's employment. Payment shall be at the employee's actual hourly rate of pay at the date of separation. However, no employee shall receive payment for any recorded hours in excess of 1,200 with the maximum payable hours shall be no more than 600. Article 7. Recreational ~' acilities and Classes 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- monthperiod (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 time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks, Recreation, and Maintenance Services Department. Article 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. -19- City of South San Francisco Executive Management Compensation Plan Page 13 Article 9. Term of Compensation ~rogram This Compensation Program will be in effect from July 1, 2009 to June 30, 2010, unless this Program is modified at an earlier time. Article 10. signatures. Signed this ~ ~ `~ day of n'`~'-c~+L~~~'~..~' '--~ f ,. For the City: 20 ~' `i or the Executive Management Unit: /' r -20- Paee 14 City of South San Francisco Executive Management Compensation Plan ~ppendix A ~xecutive management Classifications Those classifications in the Executive Management unit are the following: o Assistant City Manager • Assistant to the City Manager • Chief of Police • Director of Economic and Community Development • Director of Finance • Director of Human Resources • Director of Information Technology • Director of Parks and Recreation • Director of Public Works • Executive Assistant to the City Manager • Fire Chief • Library Director -21- City of South San Francisco Executive Management Compensation Plan l~ppendix 6GMe Too~~ Clause Page 1~ 1. The provisions of this agreement related to the modified benefit package shall go into effect only if all bargaining units are subject to the same package of benefit changes. 2. However, the parties recognize that some public safety units currently have different benefit levels, and those different levels may continue in the 2009/2010 and 2010/2011 fiscal years. 3. In the event that the City enters into a contract with any other bargaining unit which provides for an across the board salary increase, enhancements to retirement or enhanced medical, vision, dental, life or disability plan, then members of the Executive Management Unit will receive the same percentage salary increase, and the same enhanced retirement medical, vision, dental, life or disability plan. 4. Nothing in this section will entitle members of the Executive Management Unit to receive enhanced or different benefits than are currently provided to public safety bargaining units and which may continue in a future contract, nor is this provision intended to prevent the benefit changes negotiated for Confidential Unit members from coming into effect because of such differences with the public safety units related to such as a retirement formula of 3% at 50, LC 4850 pay, disability insurance (including death benefits) provided through CLEA (California Law Enforcement Agency) or CAPF (California Association of Professional Firefighters) and reimbursement for those plans, and modified dental benefits provided to IAFF. _22_ 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 Francisca CA 94083 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax -23- o ~ ~ ~ ~ J O c'~LIFOR~IA a ego DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Kathy Mount, Human Resources Director SUBJECT: RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE CITY OF SOUTH SAN FRANCISCO CONFIDENTIAL UNIT EMPLOYEES, TEAMSTERS LOCAL 856, DATED JULY 1, 2008 THROUGH JUNE 30, 2011 RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Memorandum of Understanding (MOU) for the Confidential Unit, Teamsters Local 856, dated July 1, 2008 through June 30, 2011. This includes aone-year contract extension from the previously approved MOU dated July 1, 2008 through June 30, 2010. BACKGROUND The 2008-2009 Grand Jury issued a June 4, 2009 report with conclusions and recommendations for controlling employee costs. Staff's review of the report determined that some of the Grand Jury's recommendations have merit. One of these recommendations that is supported by the City and also by the San Mateo County City Managers Association is the two-tiering of retirement for new hires. The City negotiated with the Confidential Unit aone-year extension to their current MOU to modify the Ca1PERS retirement benefits the City will offer new employees in this unit effective no later than June 30, 2010. The current retirement benefit is provided at 2.7% at age 55 for Miscellaneous members, based on one-year compensation for unit members. New hires would be provided a retirement benefit at 2% at age 60 for Miscellaneous members, based on the average of three-years' compensation for unit members. The extension includes a 2% across the board wage increase to base salary. This MOU was negotiated within the parameters authorized by the City Council. Attached is the proposed MOU incorporating the agreed-upon terms and conditions of employment for the unit and a summary of the substantive terms of the MOU contract extension. FUNDING The MOU provides fora 2% wage increase effective July 1, 2010. The last unit wage increase for this unit was based on a salary survey and was effective July 1, 2007. Once the changes to the retirement formula have been implemented on behalf of all the City's CaIPERS bargaining units, this change will provide long-term savings to the City due to reduced contributions to Ca1PERS. Staff Report Subject: Confidential Unit MOU Date: December 16, 2009 Page 2 of 2 CONCLUSION It is recommended that the City Council Approve the MOU for the Confidential Unit dated July 1, 2008 through June 30, 201 1. Y~ Kathy Mount Human Resources Director _ ,, ` ~^1 Barry M. agel City Manager Attachments: Resolution Summary of MOU Changes Memorandum of Understanding mm/km -2- RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING THE MEMORANDUM OF UNDERSTANDING FOR THE SOUTH SAN FRANCISCO CONFIDENTIAL UNIT, TEAMSTERS LOCAL 856 DATED JULY 1, 2008 THROUGH JUNE 30, 2011 WHEREAS, staff recommends approval of the Memorandum of Understanding for the South San Francisco Confidential Unit, Teamsters Local 856 dated July 1, 2008 through June 30, 2011; and WHEREAS, the Memorandum of Understanding 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 Confidential Unit, Teamsters Local 856. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Memorandum of Understanding for the South San Francisco Confidential Unit, Teamsters Local 856 dated July 1, 2008 through June 30, 2011. * * * ~ 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 , 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: 1304802.1 City Clerk -1- City of South San Francisco Confidential Unit, Teamsters 856 Summary of MOU Changes 1. Term of Contract-Contract extension through June 30, 2011. 2. Effective July 1, 2010: 2% base salary increase. 3. Effective no later than June 30, 2010: New Hires will be provided a Miscellaneous Retirement at 2% @ 60 with 3-year final compensation. 4. Article 6. Overtime and Administrative Leave amended to eliminate paid administrative leave and provide for payment for overtime worked in the form of overtime pay or compensatory time. 5. Extension of "Me Too" Clause through length of new Program providing that if other City bargaining units receive enhanced across the board salary or benefit changes, those enhancements will also be provided to this unit. 6. Provide a sunset for the "No Layoff or Furlough" clause as of June 30, 2010. -2- r~ex~~South 5~~. f~ Memorandum of Understanding Between the Confidential Unit, Teamsters Loca1856 and the City of South San Francisco July 1, 2008 through June 30, 2011 (supersedes July 1, 2008 through June 30, 2010) -3- ~ity of South San Francisco ~onfidental Unit, Teamsters Local ~ S 6 Memorandum of Understanding July 1, 2008 through June 30, 2011 Table of Contents ~cIe u , ~-+ 1 Ttle _ - ~ t ,_ _ page. ; Preamble .................................................. ............. 1 1. Recognition ............................................................................................................. 1 ~. '' Union Security ......................................................................................................... 1 2.1 Agency Shop ................................................................................................. 1 2.1.1 New Employees .................................................................................. 1 2.1.2 Fee Increase ........................................................................................ 1 2.1.3 In-lieu Dues ........................................................................................ 1 2.1.4 Indemnify and Hold Harmless ............................................................ 2 2.1.5 Deductions .......................................................................................... 2 2.1.6 Dues Deduction Form ......................................................................... 2 2.1.7 Special Assessments ........................................................................... 2 2.2 Communication with Employees .................................................................. 2 2.3 Advance Notice ............................................................................................. 2 2.4 Copies of Memorandum of Understanding ................................................... 2 3. Salari es .................................................................................................................... 2 3.1 Wage Rates .................................................................................................... 2 3.2 Salary Schedule ............................................................................................. 3 3.3 Temporary Assignment to Higher-level Position ......................................... 3 3.4 Longevity Pay Plan ....................................................................................... 3 3.4.1 Fifteen Years of Service ..................................................................... 3 3.4.2 Twenty Years of Service .................................................................... 3 3.5 Bilingual Incentive Pay ................................................................................. 3 3.5.1 Classifications Eligible for Bilingual Incentive Pay .......................... 3 3.5.2 Current Languages in Effect ............................................................... 3 3.5.3 Testing and Compensation ................................................................. 4 3.5.4 Translating .......................................................................................... 4 3.6 Payment of Compensation ............................................................................ 4 4. Health and Welfare Plans ........................... ......................... .................................... 4 4.1 Medical Insurance ......................................................................................... 4 4.1.1 Available Medical Plans ..................................................................... 4 4.1.2 Payment of Premium Costs ................................................................ 4 4.1.3 Effective Date of Coverage ................................................................ 4 4.1.4 Change in Medical Plan Providers ..................................................... 5 4.2 Dental lnsurance ............................................................................................ 5 4.2.1 Available Plan ..................................................................................... 5 4.2.2 Calendar Year Maximum ................................................................... 5 -4- Page ii City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding ~icle :_ ~itle .__ ~ __~_.,.~.__~r .___~ r __ _~T_ -- _-- -- ~.~_,_ .~_ ~___ ___ .~ _ Page 4.2.3 Orthodontia ......................................................................................... 4.2.4 Payment of Premium Costs ................................................................ 5 4.2.E Effective Date of Coverage ................................................................ 5 4.3 Vision Insurance ............................................................................................ 5 4.3.1 Available Plan ..................................................................................... 5 4.3.2 Payment of Premium Costs ................................................................ 5 4.3.3 Effective Date of Coverage ................................................................ 5 4.4 Discretionary Benefit Option ........................................................................ 5 4.4.1 Proof of Alternate Insurance ............................................................... 5 4.4.2 Exercising the Option ......................................................................... 5 4.5 Life Insurance and Accidental Death and Dismemberment Insurance ......... 6 4.5.1 Term Life Value ................................................................................. 6 4.5.2 AD&D Value ...................................................................................... 6 4.5.3 Payment of Premium Costs ................................................................ 6 4.5.4 Effective Date of Coverage ................................................................ 6 4.5.5 Supplemental Life Insurance .............................................................. 6 4.6 Disability Insurance Program .............. .......................................................... 6 4.6.1 Short-term Disability .......................................................................... 6 4.6.2 Long-term Disability .......................................................................... 6 4.6.3 Payment of Premium Costs ................................................................ 6 4.6.4 Effective Date of Coverage ................................................................ 6 4.7 Retirement Plans ........................................................................................... 6 4.7.1 Employee Contributions to the Retirement System ........................... 7 4.7.2 IRS Tax Exemption ............................................................................ 7 4.7.3 Optional Provisions Added ................................................................. 7 4.7.3.1 Military Service Credit ....................................................... 7 4.7.3.2 Sick Leave Service Credit .................................................. 7 4.8 Section 457 Deferred Compensation Plan .................................................... 7 4.9 Section 125 Plan ............................................................................................ 7 4.9.1 Group Insurance Premium ................................................................ 7 4.9.2 Health Care Reimbursement ............................................................. 7 4.9.3 Dependent Care Reimbursement ....................................................... 7 4.10 Education Expense Reimbursement Program ............................................... 7 4.10.1 Qualifying for Education Expense Reimbursement Program........... 7 4.10.1.1 Department Head Approval ............................................... 7 4.10.1.2 Reimbursement Request ..................................................... 8 4.10.2 City Manager Approval .......................... ........................................... 8 4.10.3 Employment Continuation ................................................................ 8 4.11 Retirement Health Savings Plan .................................................................... 8 4.12 Retired Employee Benefits ........................................................................... 8 4.12.1 Group Medical Insurance for Qualifying Retirees ........................... 8 -5- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandum of Understanding Page iii Article =Tide , ~_ ~age- _ .. 4.12.2 Alternate Retiree Medical Plan ("GASB") ....................................... 9 4.12.3 Group Dental Insurance for Qualifying Retirees ............................. 9 4.12.4 Group Vision Insurance for Qualifying Retirees ............................. 9 5. Holidays ................................................................................................................... 9 5.1 Observed Holidays ........................................................................................ 9 5.2 Half-day Holidays ......................................................................................... 9 5.3 Holiday Pay ................................................................................................... 10 5.4 Holidays on a Weekend ................................................................................ 10 5.5 Discretionary Holiday ................................................................................... 10 6. Overtime Pay and Compensatory Time Off ............................................................ 10 6.1 Overtime Pay ................................................................................................. 10 6.1.1 Approval for Overtime ....................................................................... 10 6.2 Compensatory Time Off ................................................................................ 10 6.2.1 Maximum Compensatory Time .......................................................... 10 6.2.2 Payment of Compensatory Time ........................................................ 10 6.2.3 Use of Compensatory Time ................................................................ 10 6.2.4 Department Rules ............................................................................... 10 7. Vacation Leave ........................................................................................................ 11 7.1 Vacation Leave .............................................................................................. 11 7.2 Deferral ......................................................................................................... 11 7.3 Vacation Accumulation ................................................................................. 11 7.4 Vacation Conversion to Cash ........................................................................ 11 7.5 Scheduling ..................................................................................................... 11 7.6 Pay Upon Separation from City Service ....................................................... 11 8. Bereavement Leave ................................................................................................. 11 8.1 Bereavement Leave ....................................................................................... 11 8.2 Definition of Immediate Family for Bereavement Leave ............................. 11 9. Medical Appointment Leave ................................................................................... 12 9.1 Medical Appointment Leave ....................................................................... 12 9.2 Medical Appointment Leave Charged to Sick Leave .................................. 12 10. Sick Leave ............................................................................................................... 12 10.1 Determination ................................................................................................ 12 .................................................................................. 10.2 Amount of Sick Leave ~ 1 10.3 Sick Leave Management Policy .................................................................... 12 10.4 Payment of Unused Accrued Sick Leave ...................................................... 12 11. Industrial Injury or Illness Leave ............................................................................ 13 11.1 Injury Leave .................................................................................................. 13 11.2 Injury Leave Amount .................................................................................... 13 12. Disability Leave .........................:............................................................................ 13 12.1 Application for Benefits ................................................................................ 13 12.2 Insurance Premium Payment ......................................................................... 13 -6- Page iv City of South San Francisco Confidential Unit, Teamsters Local 8~6 Memorandum of Understanding Article __ ...~ Title - - -..___ _ ~.__v . __~_~._w.~ _ ~ _._~ . __. .---- - ---_.._ ~-. _ .. ... .__ ~----- .. ~ ~.____. p-a~e~ 12.3 Separation from City Service ........................................................................ 13 12.4 Light-duty Program ....................................................................................... 13 12.4.1 Coverage .......................................................................................... 14 12.4.2 Determination Required Reports ..................................................... 14 12.4.2.1 Assignments ...................................................................... 14 12.4.2.2 Medical Updates ............................................................... 14 12.4.3 Light-duty Assignment, Definitions, and Restrictions .................... 14 12.4.4 Holidays/Vacations During Light-duty Assignments ...................... 15 12.4.4.1 Holidays Observed ........................................................... 15 12.4.4.2 Vacations .......................................................................... 15 12.4.5 Return to Full Duty .......................................................................... 15 13. Other Leaves ............................................................................................................ 15 13.1 Military Leave ............................................................................................... 15 13.2 Jury Duty ....................................................................................................... 15 13.3 Pregnancy-related Disability and Bonding Leave ........................................ 15 13.3.1 Pregnancy-related Disability ........................................................... 15 13.3.2 Bonding ........................................................................................... 15 13.3.3 Leave Usage .................................................................................... 15 13.4 Unpaid Leave of Absence ............................................................................. 16 13.5 Reinstatement Upon Return from Leave ....................................................... 16 14. Recreational Facilities and Classes ......................................................................... 16 15. Notary Public Certification ..................................................................................... 16 15.1 Certification Requirements for Employees Hired Prior to 7/1/00 ................... 16 15.2 Certification Requirements for Employees Hired After 6/30/00 .................... 16 16. Discipline ................................................................................................................ 16 17. Grievance Procedure ............................................................................................... 17 18. Meeting .................................................................................................................... 17 19. Administration of Memorandum of Understanding ................................................ 17 19.1 Full and Entire Agreement ............................................................................ 17 19.2 Administration of Program ........................................................................... 17 20. Signatures ................................................................................................................ 18 Appendix A Confidential Unit, Teamsters Loca1856 Classifications .................... 19 Appendix B "Me Too" Clause ................................................................................ 20 Appendix C "No Layoff or Furlough" Clause ........................................................ 21 Appendix D Retirement Health Savings (RHS) Plan ............................................. 22 -~- ~ity of south San ~rancisco Confidential ~mployees' Unit, Teamsters ~ocal 856 Memorandum of Understanding July 1, 2008 through June 30, 2011 .C reamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as "City" and the Teamsters Local 856, AFL-CIO, hereafter designated as "Union" as a mutual agreement for those wages, liours, and conditions of employment in effect during the period of July 1, 2008 through June 30, 2011. Article 1. Recognition Teamsters Union, Local 856 is recognized as the majority representative, as provided in City's Resolution 111-99 adopted August 11, 1999, for all employees in the classifications assigned to the Confidential Unit as identified in Appendix A of this agreement. AYtiCle 2. V nion -Jecurity 2.1 Agency Shop-All full-time regular employees covered by this agreement shall become members of the Union, or in the alternative, shall pay to the Union an agency fee, in an amount of money equal to the customary initiation fee and regularly monthly dues. 2.1.1 New Employees-Such obligation shall not commence until after the employee has completed 31 days of employment. 2.1.2 Fee Increase-During the term of this agreement, the Union agrees to meet and confer with the City prior to implementing any increase in the customary initiation fee. 2.1.3 In-lieu Dues-Any employee who is a member of a bona-fide religion, body, or sect, which has historically held conscientious objections to joining or financially supporting a public employee organization, shall not be required to join or financially support the Union. Those employees may, in lieu of dues, initiation fees, or agency fees, pay sums equal. to such dues, initiation fees, or agency fees to anon-religious, non-labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Three charitable funds shall be mutually agreed upon through the meet-and-confer process between the City and the Union, if the need to designate such charitable fund arises -g- Page 2 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding 2.1.4 Indemnify and Hold Harmless-The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operating of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error. In addition, the Union shall hold the City and its officers and employees, harmless for following the instructions contained in such dues deduction authorizations. The City shall deliver revocations of membership to the chapter president periodically. 2.1.5 Deductions-The City agrees to deduct on a regular basis the periodic membership dues and agency fees from the paycheck of each employee who voluntarily executes and delivers to the Union a valid dues checkoff authorization form. Dues deduction shall be consistent with the pay schedule used by the City. 2.1.6 Dues Deduction For°m-Effective with the approval of this agreement, the City will accept a dues deduction authorization form, as designated by the Union, from employees in this unit. 2.1.7 Special Assessments-The City shall not be required to collect any special assessments or similar short-time change in rates. Initiation fees will not be considered a special assessment. 2.2 Communications with Employees-The Union shall be provided suitable space on bulletin boards at the work location for posting notices concerning official union business. Such information shall be in compliance with applicable City and departmental policies. 2.3 Advance Notice-Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City. The Union shall be given the opportunity to meet and confer with appropriate management representatives prior to the adoption. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 2.4 Copies of Memorandum of Understanding-The City and the Union shall share the cost of printing sufficient copies of the MOU for all current bargaining unit employees, new bargaining unit employees, and management employees. Article 3. ~ alaries 3.1 Wage Rates-There will be a 2% across-the-board base wage rate increase effective July 1, 2010. -9- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandum of Understanding Page 3 3.2 Salary Schedule-Confidential positions shall have 5 pay steps that will provide for a differential of approximately 5% between steps. Employees may progress through the salary schedule based on satisfactory performance according to the following timelines of no less than 6 months each in steps A and B, and 12 months each in steps C and D. 3.3 Temporary Assignment to Higher-level Positions-An employee assigned to the full scope of the duties of a higher classification shall not be paid the salary of that higher classification unless they serve in that capacity for 1-full day (8 hours) or more. An employee so assigned, must meet the minimum qualifications for the position to which assigned. An employee who meets these requirements and is assigned to perform the duties of a classification at a higher pay rate shall receive additional compensation at the rate of pay for which the employee would qualify were the employee to be promoted to that higher classification. 3.4 Longevity Pay Plan-Permanent full-time employees who on 6/30/00 are currently receiving longevity pay shall continue to receive it until eligible for longevity pay in accordance with the following schedule: 3.4.1 Fifteen Years of Service-After 15-full years of City service, 1.5% will be added to the employee's actual base hourly rate of pay. 3.4.2 Twenty Years of Service-After 20-full years of City service, in addition to above, another 1.0% of pay will be added to the employee's actual base hourly rate of Pay• 3.5 Bilingual Incentive Pay- 3.5.1 Classifications Eligible fof° Bilingual Incentive Pay-Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that are eligible for bilingual incentive pay are identified below and include any title changes that may occur during the life of this agreement. • Administrative Aide • Administrative Assistant I • Administrative Assistant II • Assistant City Clerk • Deputy City Clerk • Human Resources Technician • Senior Administrative Assistant 3.5.2 Current Languages in Effect-To be eligible to participate in this program, employees must speak a second language used by a significant segment of South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • American Sign Language -10- Page 4 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding 3.5.3 Testing and Compensation-An employee who has tested, using the City's standard bilingual testing procedures and demonstrating to the Department head's satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee's actual base hourly rate of pay. Such compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 3.5.4 Translating-Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location 3.6 Payment of Compensation-Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of a City payperiod. The payperiod consists of 14 calendar days and begins on a Friday and ends on a Thursday, which is the last day of the payperiod. Employees who are in continuous paid regular status for a partial payperiod shall receive prorated compensation for the payperiod at the rate of 1/80 of the employee's actual biweekly rate of pay for each hour of the payperiod that the employee was on continuous paid regular status. Article 4. Health and VV elfare Plans Full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City's contracts with health insurance providers, as follows: 4.1 Medicallnsurance- 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 following current medical plans the City has with the carriers, subject to the terms and conditions of the City's contract with the providers: • Kaiser Permanente • Blue Shield of California 4.1.2 Payment of Premium Costs-The City shall pay the equivalent of the HMO premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. Employees who elect more expensive plans shall pay any additional cost over the HMO rate 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 health insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. -11- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 85b Memorandum of Understanding Page 5 4.1.4 Change in Medical Plan Providers-Should the City determine that a change in medical plan providers is warranted, it may establish a committee, comprised of one union representative from each bargaining unit, to assist in assessing a change in plan providers. 4.2 Dentallnsurance- 4.2.1 Available 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-Effective 7/1/00, the calendar year maximum is $1,500. 4.2.3 Orthodontia-The lifetime orthodontia coverage 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. 4.2.5 Effective Date of Coverage-Coverage is effective on the first day of the month following completion of 6-fall-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. 4.3 Vision Insurance- 4.3.1 Available Plan-Eligible employees and their dependents shall be provided vision insurance, 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 eligible 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 Inszrrance-The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 4.4.2 Exercising the Option-Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee can demonstrate to the City's satisfaction abona-fide need. -12- Page 6 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding 4.5 Life Insurance 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 ADD 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 is $50,000. 4.5.3 Payment of Premium Costs-The City shall pay the premium costs for eligible 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 have the option of purchasing supplemental life insurance based on the terms and conditions of the City's contract with the insurance provider. 4.6 Disability Insurance Program-Subject to the terms and conditions of the City's contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 4.6.1 Short-term Disability-After a 20-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begins. 4.6.2 Long-ter°m Disability-After a 90-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 4.6.3 Payment of Premium Costs-The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 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 Retirement Plans-The benefit contract in effect between the City of South San Francisco and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this agreement. 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 (PERS) Miscellaneous Employees' 2.7% at age 55 Plan with one-year final compensation. Effective no later than June 30, 2010, new hires will be provided Miscellaneous Employees' 2% at age 60 plan with three-year final compensation. -13- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandum of Understanding Page 7 4.7.1 Employee Contributions to Retirement System-The rate prescribed by the Social Security Act for employee contributions shall be deducted from the pay by the City and forwarded to the system in accordance with the rules and regulations governing such employee contributions. The PERS amount is 8% of base salary for Miscellaneous Employees and shall be deducted from employees' pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. 4.7.2 IRS Tar Exemption-The City has obtained a 414(h}(2) 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 are now responsible for their individual PERS contributions, and now receive the 414(h)(2) exemption. 4.7.3 Optional Provisions Added-Optional Public Agency Provisions under PERS shall also be provided as follows: 4.7.3.1 Military Service Credit-An employee who has served in the military may be eligible for Military Service Credit, as authorized by section 2090\30.3 of the Government Code. 4.7.3.2 Sick Leave Service Credit-Effective 4/11/2001, and as provided for in the Public Employees Retirement Law. 4.8 Section 457 Defers°ed Compensation Plan-Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 4.9 Section 125 Plan-Subject to the terms and conditions of the City's plan, each employee may participate in the IRS-defined section 125 plan. 4.9.1 Group Insurance Premium: Participants may pay premium contributions for employee and dependent coverage under the City's health care plans on a pre-tax basis. 4.9.2 Health Care Reimbursement-Participants may set aside salary on a pre-tax basis to be used to reimburse their out-of-pocket eligible health care expenses. 4.9.3 Dependent Care Reimbursement.-Participants may set aside salary on a pre-tax basis for reimbursement of out-of-pocket eligible dependent care expenses. 4.10 Education Expense Reimbursement Pf°ogram-An employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of 50%, not to exceed $500 per fiscal year, for the costs of tuition, fees, and course materials. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of "Pass" or "C" or better. Reimbursement is limited to courses that are job-related or may advance the employee's career with the City. 4.10.1 Qualifying for Education Expense Reinzbzcrsement Prog~°am-In order to qualify for reimbursement, the employee must: 4.10.1.1 Department Head Approval-Prior to enrollment, receive the written approval of the department head. The employee will submit a request, -14- Page 8 City of South San Francisco Confidential Unit, Teamsters Loca18~6 Memorandum of Understanding along with a description of the course, which briefly describes how the course may advance the employee's career with the City and/or its relevance to the employee's job. The department head will make a determination to accept or reject the request. 4.10.1.2 Reimbursement Request-Submit a request reimbursement to the City Manager which includes the following • A copy of the department head's written approval of the course • A copy of the employee's grade for the course • Receipts for all expenses related to the course with a total amount requested for reimbursement 4.10.2 City Manager Approval-The City Manager shall approve the employee's request for reimbursement provided that the employee has prepared the request in compliance with this policy. 4.10.3 Employment Continacation-For every cumulative $500.00 of reimbursement for educational expense which the employee receives, the employee must agree to remain in City employment for an additional 12-month period. Should the employee voluntarily terminate City employment for any reason other than illness or injury before completing this employment obligation, the employee will be required to reimburse the City for the proportional amount of the reimbursement. 4.11 Retirement Health Savings Plan-Employees are eligible to participate in the Vantagecare Retirement Health Savings Program ("RHS Plan") established pursuant to the RHS Plan and Trust Document of the City of South San Francisco, effective July 1, 2005. 4.12 Retired Employee Benefits-. 4.12.1 Grozcp Medical Insurance for Qualifying Retirees-An employee who was hired prior to the adoption. of an alternate retiree medical plan for all City bargaining units similar to the plan described in Section 4.12.2 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 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 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. 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. -15- Ciiy of South San Francisco Confidential Employees' Unit, Teamsters, Loca1856 Memorandum of Understanding Page 9 4.12.2 Alternate Retii°ee Medical Plan ("GASB')-An employee who was hired after the adoption of an alternate retiree medical plan for all City bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 4.12.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee's base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City-sponsored plan}. 4.12.3 Group Dental Insuf°ance fof° 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 CaIPERS 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. 4.12.4 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 CaIPERS 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. Article 5. Holidays 5.1 Observed Holidays-The City observes the following holidays: January 1 .................................................................... New Year's Day Third Monday in January .......................................... Martin Luther King, Jr. Day Third Monday in February ........................................ President's Day Last Monday in May .................................................. Memorial Day July 4 .......................................................................... Independence Day First Monday in September ....................................... Labor Day Second Monday in October ....................................... Columbus Day Observed November 11 ............................................................. Veteran's Day Fourth Thursday in November .................................. Thanksgiving Day Friday following Fourth Thursday in November ...... Day After Thanksgiving December 25 .............................................................. Christmas Day 5.2 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 -16- Page 10 City of South San Francisco Confidential Unit, Teamsters Loca1856 Memorandum of Understanding 5.3 Holiday Pay-Employees shall be entitled to receive compensation for 8 hours of holiday time for each full holiday and 4 hours of holiday time for each half-day holiday, with holiday time considered as hours worked. 5.4 Holidays on a Weekend-When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous the day upon which Christmas Day and New Year's Day are observed. 5.5 Discretionary Holiday-Each employee shall be entitled to eight hours of paid holiday each calendar year, which may be taken at the discretion of the employee. This discretionary holiday must be used by the payperiod previous to the last payperiod of the calendar year, subject to prior approval of the department head. Any employee who does not take this holiday by the payperiod prior to the last payperiod of the calendar year, will be compensated for the unused holiday at the employee's actual hourly rate of pay. Article 6. overtime r ay and Compensatory Time Off 6.1 Overtime Pay-Non-exempt employees who work in excess of the normal 40-hour workweek will receive overtime pay at 1.5 times their actual hourly rate of pay for all overtime hours worked. 6.1.1 Approval for Overtime No employee shall work overtime without the express prior approval of the employee's department head or designee. 6.2 Compensatory Time Off-With the department head's or designee's approval, employees may receive compensatory time in lieu of overtime pay. If granted, compensatory time shall be earned at the rate of 1.5 times each overtime hour worked. 6.2.1 Maximum Compensatory Time-Employees may accumulate at the rate of 1.5 times to an equivalent maximum of 70 hours in lieu of pay for such overtime. Employees will be paid for the overtime hours that exceed the cap and cannot accrue further compensatory time until they have reduced their accrued hours below the 70 hour cap. 6.2.2 Payment of Compensatory Time-Payment of accrued compensatory time upon termination of employment or transfer out of the department will be made at the employee's final regular rate of pay. The City reserves the right to pay out accrued compensatory time at any time at the regular rate of pay earned by the employee at the time the compensatory time is paid. 6.2.3 Use of Compensatofy Time-Employees may use accrued compensatory time in accordance with departmental policies. 6.2.4 Depa~°tment Rules-Individual departments may establish rules regarding: a Notice required before use of compensatory time; b. Length of time that compensatory time may remain on the books before it is cashed out; and -17- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandwn of Understanding Page 11 c. Such other matters necessary to ensure that operations are not unduly disrupted by use of compensatory time off. Ai-~icle 7. Vacation Leave 7.1 Vacation Leave-Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate 0 through completion of fourth year ................................................ 4.62 hours Fifth through fourteenth year ........................................................... 6.16 hours Fifteenth through twenty-fourth years ............................................. 7.69 hours Twenty-fifth and succeeding years .................................................. 9.23 hours 7.2 Deferral-An employee may defer 40 hours of vacation leave to the succeeding calendar year. If the service requirements are such that an employee cannot take all accrued vacation in a calendar year, the employee may defer, with the approval of the department head, the unused portion to the following year, provided that no more than 30-working days of vacation is accumulated. The employee shall file a written request to defer vacation with the department head and the appointing authority. Deferred vacation not taken during the calendar year immediately following the calendar year in which the vacation leave was deferred shall be compensated in time off or compensation during the month of January. 7.3 Vacation Accumulation-An employee may accumulate up to two times the annual accrual rate of vacation hours as unused vacation. An employee may not exceed the maximum accrual amount without the express permission of the City Manager. 7.4 Vacation Conversion to Cash-After using an amount equal to half of the employee's annual accumulation, an employee may elect to be compensated in pay for unused vacation leave, up to a maximum of 48 hours per calendar year. 7.5 Scheduling-The times during the year at which an employee inay take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard to the needs of the service. 7.6 Pay Upon Separation from City Service-Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. ArCicle 8. Bereavement Leave 8.1 Bereavement Leave-Each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his/her immediate family, as defined below, for the period of 24 hours per occurrence within the State of California and up to a maximum of 40 hours for a family member residing outside the State of California. 8.2 Def nition of Immediate Family for Bereavement Leave-As used herein for bereavement leave, immediate family is defined to be spouse, registered domestic partner with the _18_ Page 12 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding State of California, parents, brother, sister, grandparents, child, mother-in-law, father-in- law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may grant the above described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the department head's opinion, there exists an extraordinarily close relationship between the employee and such person. Article 9. Medical Appointment Leave 9.1 Medical Appointment Leave-Each 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 reasonably unable to arrange for such appointments to occur during non-work time. 9.2 Medical Appointment Leave Charged to Sick Leave-Medical appointment leave shall be charged to sick leave as follows with the first 8 hours per calendar year not charged to sick leave and any other absences relating to appointments charged to sick leave. Article 10. Sick Leave 10.1 Determination-Every covered employee, who is temporarily and/or partially disabled from performing the full scope of the usual and customary duties of his or her classification as the result of an injury or illness that is not industrially caused, shall be eligible to receive sick leave without loss of salary or benefits within the limits set forth below. 10.2 Amount of Sick Leave-Employees will accrue 8 hours per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 10.3 Sick Leave Management Policy-All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City's Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per year will be subject to a review of sick leave usage. 10.4 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 actual 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: -19- City of South San Francisco Confidential Employees' Unit, Teamsters, Loca1856 I~iemorandum of Understanding Page 13 • Death; or. • Disability Retirement from CaIPERS: or • Full service retirement provided that all the following conditions are met: • 10 years of consecutive full time City service; • Simultaneous retirement from City service and receipt of a service retirement from CaIPERS. Article 11. Industrial Injury and Illness Leave 11.1 Injury 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 the injury or illness necessitates the employee's absence from work, shall be entitled to receive paid injury leave without loss of salary or benefits. 11.2 Injury Leave Amount-Employees shall be eligible to receive this paid injury leave for all time the employee is normally scheduled to work but is unable to work during a period of 90-calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee's absence from work. An employee 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 in which the employee also received paid leave from the City. Article 12. Disability Leave 12.1 Application for Benefits-An employee who is non-industrially disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short-term and/or long-term disability benefits in accordance with the requirements of the City's Short-term and Long-term Disability insurance policy. The elimination period for the long-term disability plan is 20-calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 12.2 Insu~°ance Premium Payment-The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this agreement until the actual date of separation from city employment of the employee. 12.3 Separation ,from City Service-The City will not separate an employee until he/she 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. 12.4 Light-duty Prog~ am-The purpose of this light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent -20- Page 14 City of South San Francisco Confidential Unit, Teamsters Loca1856 Memorandum of Understanding deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that an employee is not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for light duty. This program shall be coordinated with applicable workers compensation benefits so that benefits are provided at the level not less than those mandated by state law. 12.4.1 Coverage-This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 12.4.2 Determination/Required Reports- 12.4.2.1 Assignments-Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will .also be based on the needs of the City and the impact of light duty on departmental operations. The evaluation and determination of light-duty assignments will be based on the employee's medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 12.4.2.2 Medical Updates-Updated medical reports shall be submitted to the department head at two week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light- duty assignment or to determine when to commence a light-duty assignment. 12.4.3 Light-duty Assignment, Definitions, and Restrictions-Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. In no event will light duty assignments extend beyond reaching Maximum Medical Improvement, and under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the American with Disabilities Act. Light-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee's normal wage rate. Will be within the employee's assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. ® When feasible will be during the employee's normal shift and duty hours. However, if it is determined that no useful work will be performed during the -21- City of South San Francisco Confidential Employees' Unit, Teamsters, Loca1856 Memorandum of Understanding Page 15 normal shift or duty hours, the employee can be assigned light duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday • Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 12.4.4 Holidays/Vacations During Light-duty Assignments- 12.4.4.1 Holidays Observed-Holidays during light-duty assignments shall be observed in accordance this agreement. 12.4.4.2 Vacations-Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 12.4.5 Return to Full Duty-Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. Article 13. ®ther Leaves 13.1 Military Leave-Military leave shall be granted in accordance with the provisions of applicable state and federal law. 13.2 Jury Duty-Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employee's regular workday. The employee must submit record of hours at jury duty. Given the many different schedules employee's work, modification of work hours for such jury duty will be left to the discretion of the department head or designee, and may be appealed to the Director of Human Resources. 13.3 Pregnancy-related Disability and Bonding Leave-Shall be granted in accordance with the provisions of applicable state and federal law. 13.3.1 Pregnancy-~°elated Disability-Employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions for reason of the birth of a child or the placement of a child with an employee in connection with adoption. 13.3.2 Bonding-An employee who is no longer disabled from performing work due to pregnancy, childbirth, or related medical conditions for reason of the birth of a child and is medically released to return to work, shall be allowed to use accumulated vacation, and/or an unpaid leave of absence upon the written request of the employee. 13.3.3 Leave Usage--The employee must first use all eligible accumulated paid leave before being granted unpaid leave. _22_ Page 16 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding 13.4 Unpaid Leave of Absence-The City may grant an employee in a permanent position a leave of absence without pay not to exceed 1 year. A request for the leave and the reason therefore shall be submitted in writing and must be approved by the department head and the City Manager. 13.5 Reinstatement Upon Retuf°n From Leave-Upon expiration of the approved leave, the employee shall be reinstated to the former classification without loss of service credits or benefits (subject to the terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of the leave, the employee shall not accumulate service credits, nor shall the City continue contributions toward group insurance or the retirement plan. Article 14. Recreational Facilities and Classes Employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee's non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks and Recreation Department. Article 15. 1 V otary r ublic certification 15.1 Certification Requi~°ements for Employees Hired Prior to 7/1 /00-Those Confidential Unit members employed in aunit-covered classification as of 6/30/00 may choose not to obtain notary public certification. 15.2 Certification Requirements for Employees Employee Hired After 6/30/00-Those Confidential Unit members employed in aunit-covered classification after 6/30/00 may be required to obtain notary public certification, as determined by their department head or the Director of Human Resources. Article 16. Discipline The City shall take disciplinary action against a confidential employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations. -23- City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandum of Understanding Page 17 Article 17. ~rievance ~rocedure Confidential employees are eligible to invoke the Grievance Procedures as noted in the City of South San Francisco Personnel Rules and Regulations. Article 18. Meeting Prior to making any revisions to this Memorandum of Understanding, the City will meet with members of the Confidential Employees' Unit. The City agrees to grant a maximum of three members of this bargaining unit's negotiating team one hour release time prior to the negotiation meeting with the City and one hour after the meeting for the purpose of discussing negotiations. Article 19. Administration of Memorandum of lJ nderstanding 19.1 Full and Entire Agreement-This Confidential Employees' Compensation Program sets forth the compensation program for members of the Unit and any prior or existing understanding or agreements regarding these matters, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this Memorandum of Understanding are found to be in conflict with a City rule, regulation, or resolution, the provisions of this agreement shall prevail over such conflicting rule, regulation, or resolution. 19.2 Administration of Progf^am-The City Manager may establish such policies, rules, and regulations as are deemed appropriate to the effective administration of the Program. Members of the Confidential Employees' Unit shall comply with all such policies, rules, and regulations as may be established by the City Manager. The City Manager shall be empowered to grant or to impose administrative leave without loss of pay or benefits for members of the Confidential Employees' Unit for any purpose deemed by the City Manager to be appropriate to circumstances. -24- Page 18 Article 20. Signatures Signed on this date: G}~~~~~~~" ~~ ~G~9 City of South San Francisco Confidential Unit, Teamsters Loca1856 Memorandum of Understanding For the Union: For the City: Austris Rungis, Chief Negotiator c~- Mic ercado ~~® Kathy Mount, Director of Human Resources -25- ~/~ ~ ~~ Eileen Deasy City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandum of Understanding Appendix A Confidential Unit, Teamsters Loca1856 Classifications Page 19 Confidential Employees Defined-The Confidential Employees Unit shall consist of all full-time employees employed in the positions, which are included in the non-exempt service of the City of South San Francisco, as well as such classifications as may be added to this Group by the City. Those classifications in the Confidential Unit are the following: Administrative Aide Administrative Assistant I Administrative Assistant II Assistant City Clerk Computer Technician Deputy City Clerk Human Resources Technician Senior Administrative Assistant -26- Page ?0 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Appendix B "Me Too" Clause 1. The provisions of this agreement related to the modified benefit package shall go into effect only if all bargaining units are subject to the same package of benefit changes. 2. However, the parties recognize that some public safety units currently have different benefit levels, and those different levels may continue in the 2009/2010 and 2010/2011 fiscal years. 3. In the event that the City enters into a contract with any other bargaining unit which provides for an across the board salary increase, enhancements to retirement or enhanced medical, vision, dental, life or disability plan, then members of Confidential Unit will receive the same percentage salary increase, the same enhancements to retirement and the same enhanced medical, vision, dental, life or disability plan. 4. Nothing in this section will entitle members of Confidential Unit to receive enhanced or different benefits than are currently provided to public safety bargaining units and which may continue in a future contract, nor is this provision intended to prevent the benefit changes negotiated for Confidential Unit members from coming into effect because of such differences with the public safety units related to such as a retirement formula of 3% at 50, LC 4850 pay, disability insurance (including death benefits) provided through CLEA (California Law Enforcement Agency) or CAPF (California Association of Professional Firefighters) and reimbursement for those plans, and modified dental benefits provided to IAFF. _2~_ City of South San Francisco Confidential Employees' Unit, Teamsters, Local 856 Memorandiun of Understanding Page 21 tlppendix C "No I.,ayoff or ~urlough" Clause 1. The City agrees that it will not impose layoffs or furloughs on fulltime members of the bargaining unit, except for budgetary reasons as defined in this section, through June 30, 2010. 2. For purposes of this agreement, a "layoff' is defined as severance of the employment relationship with an employee because of budgetary reasons. 3. For purposes of this agreement, a "furlough" is defined as a reduction in the number of regularly scheduled hours of work with. a commensurate reduction in pay because of budgetary reasons. 4. For purposes of this agreement, "budgetary reasons" is defined as the City incurring a budget deficit of at least $500,000 which was not anticipated at the time of adoption of the 2009/2010 fiscal year budget which the City Manager concludes cannot or will not be made up before the end of the fiscal year without resort to layoffs or furloughs. A budgetary reason will not include monies borrowed from the City by the State of California pursuant to Proposition 1 A, which monies will be repaid within 3 years, and for which reserves funds are available to cover. The City agrees that the City Manager will consider the following options before recommending and imposing either furloughs or layoffs: use of City reserve funds, cuts to services, reorganization of services. Nothing in this provision requires the City Manager to select, impose or recommend these other options if, in his sole discretion, they are not the best solutions to the unanticipated budget deficit. The determination that a budgetary reason justifies layoff or furloughs is not subject to appeal pursuant to this agreement. 5. The decision that layoffs or furloughs are required for budgetary reasons is a management decision, solely in the discretion of the City Manager and not subject to appeal pursuant to this agreement. _28_ Page 22 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Appendix Retirement ~ealth Savings (RHS) Plan The City agrees to add RHS plan participation rules to the contract effective July 1, 2010. The Confidential Unit can decide how the RHS plan is to be structured so long as IRS regulations are met and there is no cost to the City. The Plan is to be structured later through a side letter. -29- 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.ss£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 -30- DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: AN ORIDNANCE AlV1ENDING THE SOUTH SAN FRANCISCO MUNICIPAL CODE, CHAPTER 14.08, TO THE STREAMLINING PROVISIONS REQUIRED BY THE FEDERAL- PRETREATMENT REGULATIONS AND TO UPDATE REQUIREMENTS RELATED TO THE DISCHARGE OF FATS, OILS, AND GREASE (FOG) INTO THE SANITARY SEWER COLLECTION SYSTEM. RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance amending the South San Francisco Municipal Code, Chapter 14.08, to incorporate streamlining provisions required by Federal Pretreatment Regulations and to update requirements related to the discharge of Fats, Oils, and Grease (FOG) into the sanitary sewer collection system. BACKGROUND/DISCUS SION The proposed revisions to Municipal Code Chapter 14.08 ("Pretreatment Ordinance") were initiated for several reasons. The Pretreatment Program was audited by Tetra Tech on behalf of the California Regional Water Quality Control Board, San Francisco Bay Region ("Regional Water Board"). The results ofthe audit mandated that the City update the Pretreatment Ordinance to bring it into compliance with the streamlining changes to the federal Pretreatment Regulations. Revisions to the Pretreatment Ordinance to incorporate the pretreatment streamlining provisions 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. Secondly, because the City was required to revise its Enforcement Response Plan in response to the audit, revisions were made to the Pretreatment Ordinance to make it consistent with the revised Enforcement Response Plan. Thirdly, the Fats, Oils, and Grease (FOG} portion of the Pretreatment Ordinance 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 Environmental Protection Agency. In addition, organizational changes were made to the Pretreatment Ordinance, such as grouping the provisions by category (e.g., reporting, sampling, monitoring), Staff Report Subject: AN ORIDNANCE 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 to make the ordinance clearer and easier to enforce. FUNDING No fiinding is necessary for the revision of Municipal Code Chapter 14.08. CONCLUSION Staff recommends amending the South San Francisco Municipal Code, Chapter 14.08, to incorporate streamlining provisions required by federal Pretreatment Regulations and to update requirements related to the discharge of Fats, Oils, and Grease (FOG) into the sanitary sewer collection system. By~~ Terry White Director of Public Works ~. Approved ~ ~ ` ~ ~} arr M. Nagel City Manager Attachment: Revised Municipal Code Chapter 14.08 Water Quality Control dated December 2009 1334659.1 Chapter 14.08 WATER QUALITY CONTROL 14.08.010 Purpose and intent. This chapter sets forth uniform requirements for direct and indirect contributors into the POTW for the city of South San Francisco and enables the city to comply with all applicable State of California laws (Water Code Section 1300 et seq.) and federal laws required by the Clean Water Act of 1977 (33 U.S.C. Section 1251 et seq.) and the General Pretreatment Regulations (40 CFR, Part 403). The objectives of this chapter are: (a) To prevent the introduction of pollutants into the POTW which will upset or interfere with the operation of the POTW or contaminate the resulting sludge; (b) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the POTW; (c) To improve the opportunity to recycle and reclaim wastewaters and sludges from the POTW; (d) To provide for equitable distribution of the cost of the POTW; and (e) To prevent the exposure of workers at the POTW to chemical hazards. This chapter provides for the regulation of direct and indirect dischargers to the POTW through the issuance of permits to certain nondomestic users and through enforcement of general requirements for all users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs. This chapter shall apply throughout the city of South San Francisco and to persons outside the city who are, by contract or agreement with the city, users of the POTW. Except as otherwise provided herein, the superintendent of the POTW shall administer, implement, and enforce the provisions of this chapter. 14.08.020 Abbreviations The following abbreviations, when used in this chapter, shall have the designated meanings: BOD -Biochemical Oxygen Demand BMP -Best Management Practice BMR -Baseline Monitoring Report CFR - Code of Federal Regulations CICJ - Categorical Industrial User COD -Chemical Oxygen Demand EPA - U.S. Environmental Protection Agency gpd -gallons per day ILJ -Industrial User mg/1-milligrams per liter NPDES -National Pollutant Discharge Elimination System _1_ NSCIU -Non-Significant Categorical Industrial User POTW -Publicly Owned Treatment Works RCRA -Resource Conservation and Recovery Act SIU -Significant Industrial User SNC -Significant Noncompliance TSS -Total Suspended Solids U.S.C. -United States Code 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. "Authorized representative" means (1) If the user is a corporation: (a) The president, secretary, treasurer, or avice-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: ageneral 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 their designee. {4) The individuals described in paragraphs 1 through 3, above, 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" 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 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. -2- "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees centigrade expressed in terms of weight and concentration as milligrams per liter. "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 7, Subchapter N, Parts 405-471._ "Categorical industrial user" means an industrial user subject to a categorical pretreatment standard or categorical standard. "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 asingle-family, duplex or multiple- family dwelling. "Environmental Protection Agency (EPA}" means the U.S. Environmental Protection Agency, or one of its duly authorized officials. "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 -3- such a degree that all particles inay 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 (15) 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 Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. "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. "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. -4- "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: (a) the building, structure, facility or installation is constructed at a site at which no other source is located; or (b) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) 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 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 paragraph (b) or (c) above 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; (a) begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly or installation of facilities or equipment; or (ii) 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 (b) 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 -5- loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. "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 conjLUiction 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 ox assigns. "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. "Pollution" means the manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of water. "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. "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, cher~ ?cal 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 works (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. -6- "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. (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 ~n average of twenty-five thousand gallons or-more per day of process wastewater to ttie POTW; or (B) contributes a process wastestream which makes up five percent or more of tine average dry weather hydraulic or organic capacity of the POTW treatment plant; or (C) bas a reasonable potential, in the opinion of the city, to adversely affect the POTW's open ~tion (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 non-signif cant categorical industrial user rather than a SIU on a fording that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: (a} The industrial user, prior to the city's fording, has consistently complied with all applicable categorical pretreatment standards and requirements; (b) 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 -7- (c) 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 anon-routine, episodic nature, including but not limited to an accidental spill or anon-customary 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. "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. "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. 14.08.100 Wastewater discharge permits. It is unlawful to discharge without a permit in to any natural outlet within the city or into the POTW any wastewater except as authorized by the superintendent in accordance with the provisions of this chapter. (b) All significant industrial users proposing to discharge wastewater to the POTW shall obtain a wastewater discharge permit from the superintendent before discharging to any public sewer. Moderate industrial users may be required to obtain a permit as deemed necessary by the superintendent. (c} Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city, accompanied by a fee as set forth in the city's master fee schedule. Proposed new users shall apply for a permit at least ninety days prior to the date upon which any discharge will begin. Users shall be classified as either residential, institutional, commercial, or industrial. In support of the application, the users shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, mailing address, and location of use (if different from the address}, business license number and expiration date; (2) SIC number according to the Standard Industrial Classification Manual; (3) Wastewater constituents and characteristics as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act (33 U.S.C. 1314) and contained in 40 CFR, Part 136; (4) Time and duration of discharge; (5) Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any; (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation; (7} Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; (8) Where known, the nature and concentration of any pollutants in the discharge which are subject to any pretreatment standards, and a statement, signed by an authorized representative of the use and certified to be a qualified professional, regarding whether or not the pretreatment standards are being met on a consistent basis and if not, (a) -9- whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards. (9) If additional pretreatment operation and maintenance will be required to meet the pretreatment standards the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule: (i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). (ii) No increment referred to in paragraph (i) of this subdivision shall exceed nine months. (iii) Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the superintendent. (10) Each product produced by type, amount, process or processes and rate of production; (11) Type and amount of raw materials processed (average and maximum per day); {12) Number and type of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) A baseline monitoring report (BMR) must be submitted, incompliance with, and containing all the information required by, 40 CFR 403.12 (b); and (14) Such other information as may be deemed by the superintendent to be necessary to evaluate the permit application. The BMR, ninety-day compliance reports, and periodic compliance reports for categorical industrial users must be signed by the appropriate official as specified in 40 CFR 403.12(1}, and contain the certification statement in 40 CFR'403.6(a)(2)(ii). 14.08.110 Sewer design and construction. All new sewers and connections to new and existing sewers shall be properly designed and constructed to prevent inflow and in accordance with the Uniform Building Code then in effect and other applicable city ordinances. Any new connections from inflow sources into the POTW are prohibited. The applicant for a permit to construct -10- sewers or connections shall furnish the chief building inspector with a copy of the wastewater discharge permit. 14.08.120 Permit modifications. Wastewater discharge permits subject to the categorical pretreatment standards will be modified by the city, as soon as possible, subsequent to a change in federal standards. Where a categorical user has not previously submitted an application for a wastewater discharge permit, the user shall apply for a wastewater discharge permit within one hundred eighty days after the promulgation of the applicable categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to the superintendent within one hundred eighty days after the promulgation of an applicable federal categorical pretreatment standard the information required by Section 14.08.100. 14.08.130 Permit conditions. (a) Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the city. Commercial and industrial users must maintain a current city business license. (b} Permits must contain the following provisions: (1) Effluent limits, including best management practices, based on applicable pretreatment standards; (2) The duration of the permit; {3) A statement that the permit is nontransferable without prior notification to the city and provision of a copy of the permit to the new owner or operator; (4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sampling type based on Federal, State and local law; (5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 14.08.190(d); (6) Requirements to control slug discharge, if determined by the superintendent to be necessary; (7) A statement of applicable civil and criminal penalties for violation of pretreatment standards; and (8) Any applicable compliance schedules. (c) Permits may contain additional provisions, including but not limited to: (1) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; -11- (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate or prevent the introduction of pollutants into the POTW; (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or nonroutine discharges; (4) Requirements for. the development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection, monitoring and sampling facilities and monitoring equipment; (7) A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with applicable pretreatment standards, including those that become applicable during the term of the individual wastewater discharge permit; {8) Requirements for notification to the city of any increased contributions of pollutants, changes in the nature of pollutants, or of any introduction of new wastewater constituents where such contributions would cause the POTW to violate its NPDES permit. In compliance with 40 CFR 403.12 (j), all IUs must notify the city prior to any increased contributions of pollutants, or changes in the character of pollutants in their discharges, including hazardous wastes; and (9) Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and State and Federal laws, rules and regulations. (d) The superintendent or the superintendent's designee may amend the terms and conditions of a wastewater discharge permit or add new and different terms and conditions to meet the requirements of applicable federal and state statutes, city ordinances and administration orders issued pursuant thereto. 14.08.140 Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit. The terms and conditions of the permit maybe subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 14.08.150 Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to anew owner, new user, different premises, or a new or changed operation without the - 12- approval of the city. Any succeeding owner or users shall also comply with the terms and conditions of the existing permit. 1~~08.160 Permit classifications. Waste discharge permits shall be issued to applicable users and levied applicable fees as provided for in this Chapter and shall be classified as follows: (a) S1U Permit. An SlU permit shall be issued to all significant industrial users . SIU permit holders are regulated in accordance with the requirements specified in the pretreatment regulations, 40 CFR Part 403 and 40 CFR Chapter I, Subchapter N, Parts 40~-471, as amended, and this Chapter. (b) l~Ioderate Industrial Users Discharge Permit. A moderate industrial user permit shall be issued, at the discretion of the superintendent, to any user who is not a significant industrial user, yet requires periodic inspection and/or monitoring to verify compliance with this chapter. A moderate industrial user permit maybe required for discharge of industrial waste frorn~ stationary sources, trucked wastes, contaminated groundwater, and other industrial wastes approved by the superintendent for discharge to the sanitary sewer. 140$.170 Reporting and record-keeping requirements for permittee. (1) In order to effectively administer and enforce the provisions of this chapter, the superintendent may require any discharger to comply with any or all the following requirements: a. Discharge Reports. The superintendent may require a user to submit discharge reports, including but not limited to questionnaires, technical reports, .sampling reports, and test analyses, and periodic reports of wastewater discharge. When a report filed by a person pursuant to this section is not adequate in the judgment of the superintendent, he may require such person to supply such additional information as the superintendent deems necessary. The discharge report may include, but is not limited to, the nature of the process, volume and rates of wastewater flow, elements, constituents, and characteristics of the wastewater, together with any information required in an application for wastewater discharge permit. b. Baseline Monitoring Report. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is Iater, each categorical industrial user currently discharging or scheduled to discharge to the POTW shall submit a baseline monitoring report (BMR) to the superintendent that complies with the requirements set forth in 40 CFR 403.12(b), which is incorporated by reference into this chapter. At least 90 days prior to commencement of discharge, new sources and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard shall submit to the superintendent a BMR that complies with the requirements set forth in 40 CFR 403.12(b). c. Periodic Compliance Reports. All significant industrial users must submit to the superintendent during the months of June and December, unless required more frequently in the pretreatment standard or by the superintendent, areport indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards. In addition, this report shall include a record of measured or estimated average -13- and maximum daily flows for the reporting period for the discharge. At the discretion of the superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the superintendent may agree to alter the months during which the above reports are submitted. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the superintendent or the pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with Section 14.08.200(e) of this chapter. d. Compliance Schedule for the Installation of Technology. The city may require each user to develop a compliance schedule for the installation of technology to meet applicable pretreatment standards or requirements that complies with the requirements set forth in 40 CFR 403.12(c). The compliance schedule for the installation of technology is not conditioned on the determination of violations. Any user required to submit a compliance schedule to the city shall submit progress reports to the city in accordance with 40 CFR 403.12(c)(3). e. Report on Compliance with Categorical Deadline. Within 90 days after the final date for compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the discharge, all categorical industrial users shall submit to the superintendent a report containing the information set forth in paragraphs b(4)-(6) of 40 CFR 403.12. For categorical industrial users subject to equivalent mass or concentration limits established by the superintendent, the report shall contain a reasonable measure of the user's long-term production rate. For categorical industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report shall include the user's actual production during the appropriate sampling period. f. Notice of Violation/ Resampling Report. If sampling by ~ user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis (following ti;e guidelines in the Enforcement Response Plan) and submit the results of the repeat analysis to the.city within 30 days of becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the industrial user's facility at least once per ui~nth or the city performs sampling at the industrial user's facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling. Within forty five (45) days of detecting such violation, the user shall, unless waived by the city, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which maybe incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter. g. Slug Control Plan. The city shall determine whether each significant industrial user needs a plan to control slug discharges. If the superintendent determines such a plan is required, the significant industrial user shall submit a plan containing at a minimum the following elements: (A) description of discharge practices, including non-routine batch discharges; (B) description of stored chemicals; (C) procedures for immediately notifying the city of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5 (b), with procedures for follow-up written notification within five days; and (D) - 14- if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage area, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. h. Notice of Potential Problems. All industrial users shall notify the city immediately of any discharges that could cause problems to the POTW, including any slug loadings i. Notification of Changed Conditions. All industrial users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under paragraph j below and any changes affecting the potential for a slug discharge. j. Notification of Hazardous Waste Discharge. (1}All industrial users discharging any substance which, if otherwise disposed of, would be a hazardous or acutely hazardous waste under 40 CFR part 261, must comply with the notification requirements in 40 CFR 403.12(p)(1) and (3) unless exempted under the provisions of 40 CFR 403.12(p)(2}. Any written notification required by this paragraph shall be provided to the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities. (2) In the case of any notification made under section (1) above, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. The city may accept a copy of a hazardous waste reduction or minimization plan otherwise required by law, as compliance with this requirement. k. Other Reports. The city may require any other reports, as deemed necessary by the superintendent, to determine a user's compliance status with this chapter at~,i federal and state laws. (2) The city may reduce the requirement for periodic compliance reports set forth in Section 14.08.170.1.c to a requirement to report no less frequently than once a year, unless required more frequently by a pretreatment standard or by the State, where the industrial user's total categorical wastewater flow does not exceed any of the following: (1) 0.01 percent of the POTW's design dry-weather hydraulic capacity or five thousand (5,000) gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches. {2) 0.01 percent of the design dry-weather organic (BOD or TSS) treatment capacity of the POTW; and (3) 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with Section 14.08.220(a) of this chapter. -15- Reduced reporting is not available to industrial users that have in the last two (2) years been in significant noncompliance, as defined in Section 14.08.200 (b) of this chapter. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the superintendent, decreasing the reporting requirement for the industrial user would result in data that are not representative of conditions occurring during the reporting period. (3} Record-keeping requirements. Users subject to the reporting requirements of this Section shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notif ed of a longer retention period by the superintendent. 14.08.180 Monitoring facilities and programs. (a) The superintendent may require users to conduct and maintain monitoring programs as a means of controlling the quantity and quality of the discharge so that discharges comply with the provisions of this chapter. The monitoring program shall consist of test samples and analyses, the frequency and type of which shall be specified by the superintendent. Upon demonstrating to the superintendent that the user has the necessary qualifications and equipment to conduct the monitoring program or that the user has retained the services of a qualified consultant or laboratory so certified by the State Department of Public Health, the user may conduct this monitoring program. The user shall submit monitoring reports to the superintendent monthly unless the superintendent determines a different frequency for the periodic monitoring reports, in which case the superintendent shall specify the report frequency to the user by written notice, stating the reasons therefor. If the user fails, refuses or neglects to conduct and maintain the required monitoring program, or does not have qualified personnel and equipment therefor, or does not have the services of a qualified consultant or Laboratory so certified by the State Department of Public Health, then the superintendent may establish a monitoring program with city personnel if available or with services of a qualified consultant or laboratory so certified by the State Department of Public Health, the cost of which shall be charged to the user and/or parcel owner. (b} The city may require, to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed off-premises. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. The sampling and monitoring facilities shall be - 16- provided in accordance with the city's requirements and all applicable local construction shall be completed within ninety days following commencement. (c) Monitoring and analysis to demonstrate continued compliance. (1) Except in the case ofnon-significant categorical users, the reports required by Section 14.08.170(1) (b, c, e, f, and k) shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the city in lieu of the industrial user. Where the city performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under Section 14.08.200(e). In addition, where the city itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report. (2) The reports required in Section 14:08.170 (b, c, e, f, and k) must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the superintendent. Where time-proportional composite sampling or grab sampling is authorized by the superintendent, the samples must be representative of the discharge. Using protocols (including appropriate preservation} specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples maybe composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the superintendent, as appropriate. In addition, grab samples maybe required to show compliance with instantaneous limits. (3) For sampling required in support of baseline monitoring reports and 90-day compliance reports required by Section 14.08.170(1) (b) and (e) , a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the superintendent may authorize a lower minimum. For the reports required by paragraphs (c),(f) and (k) of Section 14.08.170(1), the user shall collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (4} All analyses shall be performed in accordance with procedures established by the EPA pursuant to section 304(h) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical - 17- procedures, including procedures suggested by the superintendent or other parties, approved by the EPA. (5) If an industrial user subject to the reporting requirement in paragraph (c) or (o) of Section 14.08.170 monitors any regulated pollutant at the appropriate sampling location more frequently than required by the city, using the procedures prescribed in paragraph (4) of this section, the results of this monitoring shall be included in the report. 14.08.190 Inspection and sampling. (a) The city shall inspect as the superintendent deems necessary, the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any duties.. The city and personnel from other governmental agencies shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city and other governmental agencies will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (b) The superintendent may require any nonresidential user to construct, at the user's own expense, a sampling facility or inspection manhole, together with necessary related measuring and sampling equipment, in accordance with construction standards and specifications of the city. The sampling facility, or well, or inspection manhole, shall be constructed on the lateral side sewer of the user and installed at a point where the sampling well intercepts all wastes from the discharging source. The well shall also be within a clear easement area at a location which will permit the city access to the facility at all times. Construction shall be completed within sixty days of written notification from the superintendent, unless such time is extended by the superintendent for good cause. The superintendent may require the user to install such sampling facilities or inspection manholes on each lateral sewer. (c) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. (d) The city may authorize a categorical industrial user to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subj ect to the following conditions: (1) The waiver maybe authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility -18- provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater. (2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit. (3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from ali processes. (4) The request for a monitoring waiver must be signed by an authorized representative, and include the certification statement in 14.08.200(e) (40 CFR 403.6(a)(2)(ii)). (5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis. (6) Any grant of the monitoring waiver by the superintendent must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the superintendent for 3 years after expiration of the waiver. (7) Upon approval of the monitoring waiver and revision of the user's permit by the superintendent, the industrial user must certify on each report with the statement in Section 14.08.200(e) ,that there has been no increase in the pollutant in its wastestream due to activities of the industrial user. (8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user's operations, the user must immediately comply with the monitoring requirements of Section 14.08.170(1){c), or other more frequent monitoring requirements imposed by the superintendent, and notify the superintendent. (9) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard. 14.08.200 Pretreatment compliance. (a) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all pretreatment standards within the time limitations specified by the EPA, State or the superintendent, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing -19- the pretreatment facilities and operating procedures shall be approved by the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility.ofinodifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter or regulations promulgated by the superintendent in accordance with this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to, and approved by, the city prior to the user's initiation of the changes. (b) The superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve (12} months, were in significant noncompliance with applicable pretreatment standards and requirements as specified in 40 CFR 403.8 (f)(2)(vii) and additional requirements as specified below. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs 1-13 of this Section) and shall mean: 1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent of all of the measurements taken for the same pollutant parameter during a 6- month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3 (1). 2. Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or ,more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3 (1) multiplied by the applicable TRC (TRC= 1.4 for BOD, TS S, fats, oil and grease and 1.2 for all other pollutants except pH}. 3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3 (1) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public). 4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 14.08.450 to halt or prevent such a discharge. 5. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. 6. Failure to accurately report non-compliance. 7. Failure to provide within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules. -20- 8. Prohibited discharges that create a fire or ex~losion hazard, including waste streams with a closed cup flash point of less than 140 F (60° C). 9. Prohibited discharges of petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that cause interference or pass through. 10. Prohibited discharges that result in toxic gases, fumes, or vapors in a quantity capable of causing worker health and safety problems. 11. Prohibited discharges having a temperature which inhibits biological activity in the POTW resulting in interference. 12. Prohibited discharges of wastes or wastewater containing any radioactive material, except in compliance with applicable State and Federal regulations. 13. Any other violation or group of violations that the superintendent determines will adversely affect the operation or implementation of the city's pretreatment program. (c} All records relating to compliance with pretreatment standards shall be made available to city, state and federal officials upon request. (d) The city may seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements, and may seek additional penalties pursuant to 40 CFR 403.8 (f)(1)(vi)(A}. (e) Certification Statements -21 - 1. Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting pem~it applications in accordance with Section 14.08.100; users submitting baseline monitoring reports under Section 14.08.170(1)(b); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 14.08.170(1)(e); users submitting periodic compliance reports required by Section 14.08.170(1)(c), and users submitting an initial request to forego sampling of a pollutant on the basis of Section 14.08.190(d} The following certification statement must be signed by an authorized representative as defined in Section 14.08.030: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 2. Annual Certification for Non-Significant Categorical Industrial Users. A facility determined to be anon-significant categorical industrial user by the superintendent pursuant to Sections 14.08.030 must annually submit the following certification statement signed by an authorized representative . This certification must accompany an alternative report required by the superintendent: Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from/to[months, days, year] {a) The facility described as [facility name] met the definition of a Non-Significant Categorical Industrial User as described in Section 14.08.030; (b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based on the following information: 3. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 14.08.190(d) must certify on each report with -22- the following statement that there has been no increase in the pollutant in its wastestream due to activities of the User. Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of.the last periodic report under Section 14.08.170(1}(c). 14.08.210 General discharge regulations. (a) Sanitary sewage shall be discharged only into public sanitary sewers, except as otherwise provided. The discharge of any trucked or hauled waste or pollutant is prohibited, except at points designated by the superintendent. It is unlawful to discharge sewage into any storm sewer. (b) It is unlawful to discharge or cause to be discharged directly or indirectly, any pollutant or wastewater into any storm sewer or into any sewage facility which will interfere with the operation or performance or pass through of the POTW. These general prohibitions apply to all users whether or not the user is subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. The discharge of the following is prohibited: (1) Any wastestreams with aclosed-cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Celsius (using the test methods specified in 40 CFR 262.21), liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the water quality control plant. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five percent nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides. (2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW or pass through the POTW inadequately treated, such as, but not limited to: grease, petroleum oil, nonbiodegradable cutting oil, or products of mineral origin, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes. (3) Any wastewater having a pH less than 5.0 units or greater than 12.0 units or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW. (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater - 23 - treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitations set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act (33 U.S.C. 1317). (5) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair. (6} Any substance which may cause the water quality control plant's effluent or any other product, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to POTW cause the water quality control plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used. (7) Any substance which will cause the water quality control plant to violate its NPDES permit or state disposal system permit or the receiving water quality standards. {8) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. (9) Any wastewater having a temperature which will inhibit biological activity in the water quality control plant resulting in interference, but in no case wastewater with a temperature at the introduction into the water quality control plant which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit}. (10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation. The user shall be in compliance with the city's local limit relative to flow rate or pollutant concentration. If the city has not established a local limit, then the user must not have changed its discharge from prior discharges when the POTW was in compliance with its NPDES permit. (11) Wastes or wastewater containing any radioactive materials except in compliance with applicable state and federal regulations. (12) Any pesticides containing algaecides, antibiotics, fungicides, herbicides, insecticides or any similar pesticides in amounts deleterious to any sewage treatment process or to the aquatic life of the waters receiving the effluent. (13) Any wastewater or pollutant which results in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker or public health or safety problems. -24- When the superintendent determines that a user is contributing any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the superintendent shall take enforcement action as necessary to get such user to connect the interference. In the event of imminent harm to the public, the superintendent may take whatever action is necessary to correct the interference, and the user shall be responsible for all costs incurred. (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 Iess than 20 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. (5) Grease. emulsifiers or enzymes are prohibited for use in grease interceptors or traps. (d) Discharge of groundwater. (1) The superintendent may approve the discharge of ground waters to the sanitary sewer only when such~source is deemed unacceptable by state and federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. No - 25 - discharge of such waters shall occur except as specifically authorized in a waste discharge permit or other written authorization. (2) Groundwater containing petroleum products may be authorized for disposal to the sanitary sewer and shall comply with the requirements of section 14.08.220. (3) Groundwater sources may include but are not limited to (1) construction site dewatering where soil or groundwater contamination is present, (2) groundwater contaminated with organic solvents generated as a result of pump tests in preparation for a groundwater cleanup or water generated during sampling events, (3) aqueous wastes generated by either permanent or mobile hazardous waste treatment units used to treat hazardous waste at the generator's site, (4) and aqueous wastes generated as a result of site cleanup activities. A permit must be obtained prior to commencement of discharge, and request for such permits shall be submitted not less than 30 working days prior to intended discharge. (4) The superintendent may limit groundwater discharges to an allocation that will protect the hydraulic capacity of the POTW. Real properties of the city shall have priority to said allocation. Allocations for other permit holders maybe reduced, but not eliminated, to equitably accommodate the needs of the agencies to discharge treated groundwater to the sanitary sewer. Should such a permit holder discontinue discharging for more than 90 days, the permit holder shall be notified in writing of the superintendent's intention to cancel the permit. (5) The superintendent may impose upon the user a hydraulic loading charge for discharge of groundwater or other waters in cases where conventional sewer service charges applied by the city do not account for said flows or uses. User discharges which exceed 10,000 gallons per batch discharge or users undertaking long term discharges of groundwater to the sanitary sewer shall be metered and levied a charge based upon the basic sewer service charge rate established by the city, as applicable. (e) Swimming Pools and Water Features (1) The superintendent may approve discharge to the sanitary sewer from swimming pools, spas, whirlpools, fountains and landscape water features on a case-by-case basis. A person who desires to drain such facility to the sanitary sewer system shall first obtain permission from the superintendent prior to the discharge if the discharge volume is greater than 1000 gallons or the flow rate is anticipated to exceed 20 gallons per minute. Permission maybe granted if the discharge conforms to discharge standards and will not cause a hydraulic overload condition in the sewer system. (2) If the user has no connection to the city's sewer system available, these waters maybe surface discharged provided the following conditions are met: (1) the discharge of the water shall not contain residues of algaecides, disinfectants or other toxic chemical constituents that may violate any local, state or federal water quality law or regulation; (2) the discharge of the water shall in no way create a public nuisance; (3}the discharge of the water shall in no way damage, destroy, erode, or impair surrounding property; and (4) the user has obtained permission from the superintendent for the discharge. _26_ (3) In the event that permission to discharge to the sanitary sewer and storm drain is denied, the waters must be disposed at a legal disposal site. The person conducting the discharge shall be required to provide proof of disposal upon the city's request. 14.08.220 Wastewater concentration of chemicals. (a) It is unlawful to discharge or cause to be discharged any wastewater into the public sanitary sewers if the concentration of any of the constituents of the wastewater exceeds the local limits established by resolution of the city council. (Maximum permissible concentrations are normally expressed in milligrams per liter.) (b) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter. (c) The superintendent may impose quantitative limitations, e.g., pounds per day limits, on discharges or any constituent of the wastewater when the discharge or constituent may unreasonably overload, adversely affect the facilities or have a harmful effect upon the receiving waters. Mass emission rates or other similar techniques having a reasonable relationship to evaluating or measuring waste discharges may be used. 14.08.230 Federal categorical pretreatment standards. (a) Industrial users must comply with applicable categorical pretreatment standards, prohibited discharge standards, or local limits, whichever are the most stringent. (b) The categorical pretreatment standards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated into this chapter. The superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR Section 403.12. 14.08.240 Modification of federal categorical pretreatment standards. Where the city's water quality control plant achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply for modification of specific limits in the federal pretreatment standards. "Consistent removal" means reduction in the amount of a pollutant or alteration of the nature of the pollutant by the water quality control plant to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent of the samples taken when measured according to the procedures set forth in 40 CFR, Part 403 - "General Pretreatment Regulations for Existing and New Sources of Pollution." The city may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Section 403.7 are fulfilled and prior approval is obtained. 14.08.250 Excessive discharge. Except where expressly authorized by an applicable pretreatment standard or requirement, it is unlawful to increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limits contained in the categorical pretreatment standards, or in any other pollutant specific limitation developed by the city or state. The superintendent may impose mass limitations on users which are using dilution to meet applicable -27- pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (c) of Section 14.08.170(1) shall indicate the mass of pollutants regulated by pretreatment standards in the discharge of the user. 14.08.260 Accidental discharges. (a) Each user shall provide protection from accidental discharge of prohibited materials or other regulated substances. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan by January 1, 1991. No user who commences discharging to the POTW after effective date of this chapter shall be permitted to discharge to the POTW until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions. (b) Within five days following an accidental discharge, the user shall submit to the superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which maybe incurred as a result of damage to the POTW, fish kills, or any other damage to person or property: nor shall such notification relieve the user of any .fines, civil penalties, or other liability which maybe imposed under this code or other applicable laws. (c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. 14.08.270 Bypass of Treatment Facilities A user shall notify the city of any upset or unanticipated bypass within 24 hours of becoming aware of the upset or unanticipated bypass. The user shall submit the following information to the city: 1) a description of the discharge and the cause of the upset or unanticipated bypass; 2} the period of noncompliance including exact dates and times or, if not corrected, the anticipated time the upset/bypass is expected to continue; 3) the steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the upset or bypass. 14.08.280 Batch Discharges Batch discharges to the sanitary sewer of 5,000 gallons or more of any regulated constituents or pollutants not consistent with a user's application must receive approval from the Environmental -28- Compliance Office prior to the discharge. The user's request shall indicate the quantity, constituents, and proposed time of the discharge. 14.08.290 Harmful discharges. (a) The superintendent may suspend the wastewater treatment service or a wastewater discharge permit when such suspension is necessary, in the opinion of the superintendent, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to. the environment, or threatens to cause interference to the POTW, or causes or threatens to cause the city to violate any condition of its NPDES permit. (b) Any user notified of a suspension of the wastewater treatment service or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including a cease and desist order or immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to the POTW or endangerment to any individuals. The city shall reinstate the wastewater discharge permit or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence. 14.08.300 Fees and financial guarantees. (a) The city may adopt fees to provide for the recovery of costs from users of the POTW. Such fees may include, but are not limited to, connection charges, permits, monitoring, inspections and surveillance procedures, accidental discharge matters, appeals, reimbursement of costs incurred by city for removal of pollutants, and any other fees the city deems necessary to carry out the requirements of this chapter. The applicable fees shall be as set forth in the city's master fee schedule. (b) A sewer connection fee shall be paid by the user or parcel owner for connection to a public sanitary sewer at the time the building permit is issued, or if no building permit is necessary, prior to the time the connection is operational. When a change in use from residential to commercial occurs, the difference in connection charges shall be paid. (c) Initial applications and renewal applications for a wastewater discharge permit shall be accompanied by a nonrefundable processing fee. (d) If the imposition of special controls on wastewater discharges become necessary, a corporate surety bond or equivalent guarantee to insure performance maybe required of a user. 14.08.310 Confidential information. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the -29- release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, NPDES permit, state disposal system permit or the pretreatment programs. Such a report shall be available for use by the city or state and governmental agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. (c) Information accepted by the city as confidential, shall not be transmitted to any governmental agency, with the exception of the EPA, in compliance with 40 CFR 403.8 (f)(1}(vii) and 40 CFR 403.14, or to the general public by the city until and unless a ten day notification is given to the user. 14.08.400 Authority of superintendent. (a) The superintendent has the authority to enforce compliance with the provisions of this chapter, and to promulgate regulations designed to assist in achieving compliance. 14.08.410 Warning Letters Warning Letters maybe issued to an industrial user for any of the following reasons: A. When the result(s) of sampling demonstrates that a violation of local or federal limits has occurred by an industrial user, and when the value of the sampled data is less than a value deemed by Technical Review Criteria (TRC} to be "a significant violation", and the result is not part of a recurring pattern of violations. The warning letter shall direct the industrial user to resample and take appropriate corrective actions} to abate the violation of its discharge permit by a specific time and shall require the industrial user to submit a written response describing the corrective action taken to abate the violation. B. When conditions are observed during the course of an on-site inspection or routine surveillance which may compromise an industrial user's ability to comply with its wastewater discharge permit. C. When a user fails to promptly submit self-monitoring reports or sample test results as required in the industrial user's wastewater discharge permit. 14.08.420 Notice of violation. Whenever the source control inspector finds that any user has violated or is violating the provisions of this chapter, the inspector may serve upon such user a written notice stating the nature of the violation. Within forty-five days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user. 14.08.430 Show cause hearing. -30- (a) The source control inspector may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the superintendent why the proposed enforcement action should not be taken. 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 maybe made on any agent or officer of a corporation. (b) After an informal hearing is held the superintendent shall render a decision in writing. 14.08.440 Abatement order by superintendent. When the superintendent finds that a discharge of wastewater is taking place or threatening to take place in violation of prohibitions or limits of this chapter, or regulations promulgated by the superintendent in accordance with this chapter, or wastewater source control requirements or the provisions of a wastewater discharge permit, the superintendent may issue an abatement order directing the user to: (a) Comply forthwith; (b) Comply in accordance with a reasonable time schedule set by the superintendent; or {c) In the event of a threatened violation,. take appropriate remedial or preventive action. In cases of imminent harm to the public, the superintendent may enter private property if necessary to sever service. 14.08.450 Summary abatement. Whenever any discharge or potential discharge causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public, the condition or use may be summarily abated by the city without notice or hearing. Summary abatement shall be ordered only by the city manager. Summary abatement shall be limited to those actions necessary to eliminate the immediate threat to the public health and safety. Notice of the summary abatement shall be served personally or by registered or certified mail, return receipt requested. Service may be made on an agent or officer of a corporation. The costs and expenses of a summary abatement may be made a lien on the property and may be collected pursuant to the procedure set forth in Section 14.08.500. 14.08.460 Grounds for revocation or modification of permit. A wastewater discharge permit maybe revoked for good cause, including but not limited to, the following reasons: (a) Failure of a user to factually report the wastewater constituents and characteristics of the discharge; (b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; (c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and -31- (d) Violation of any permit conditions or the requirements of this chapter. 14.08.470 Revocation or modification procedure. (a) An action to revoke or modify a permit may be initiated in writing by the superintendent or the city engineer. The initiating request shall be filed with the city manager and shall set forth grounds for revocation or modification. (b) Within thirty days after the initiating request is filed, the city manager 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 maybe made upon any agent or officer of a corporation. At the time and place designated in the notice, the city manager 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 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. (c) Within ten days of the conclusion of the hearing, the city manager shall render a written decision. The decision shall set forth the factual findings made by the city manager. The city manager may revoke or modify the terms of the permit. The decision of the city manager is final. 14.08.480 Appeals, (a) Superintendent Review. Any discharger affected by any decision, action, or determination, including abatement orders, made by the superintendent in interpreting or implementing the provisions of this chapter, or any permit issued hereunder, may file with the superintendent a written request for review within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The superintendent shall complete the review and issue a written determination within ten days after receipt of the request, unless the city engineer reasonably extends the time thereof. (b) Written Appeal to City Engineer. The superintendent's original decision, action or determination, and action taken after review maybe appealed to the city engineer by the discharger affected by filing a written appeal with the city engineer within ten days after the notice of the decision of the superintendent. 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 city engineer 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 city engineer 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 -32- 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 maybe continued from time to time. (2) Within ten days after the conclusion of the hearing, the city engineer shall render a written decision and where applicable an order of abatement. This decision shall set forth the factual findings made by the city engineer, the conclusion reached, any abatement required and the date by which such abatement shall occur. The decision of the city engineer is final. 14.08.490 Damage, obstruction or impairment to facilities. Any person who intentionally or negligently damages, obstructs or otherwise impairs a public sewer, water quality control plant or appurtenance thereto shall be liable for such action and the city may assess the costs of repair against such person, or. seek reimbursement through a court action. 14.08.500 Costs of abatement. (a) The superintendent shall keep an itemized statement of costs incurred by the city in abating or otherwise responding to violations of this chapter. Once a violation matter is concluded, the superintendent shall provide a copy of this statement to the discharger and to the city manager. The discharger may request a hearing before the city manager to contest the statement of costs. The request for a hearing shall be made within ten days of receipt of the statement or the right to hearing shall be deemed waived. The city manager shall review the statement of costs and any information presented by the discharger, and may make any necessary revisions, corrections or modifications. The decision of the city manager is final. (b) The procedure for recording the statement of costs as a lien against the property involved shall be as follows: (1} If payment of the assessed costs and expenses is not received by the finance director within thirty days of the date appearing on the decision of the city manager, the fmance director shall send to the city clerk two originals of a declaration that payment was not received. Upon receipt of the declaration of the finance director, the city clerk shall set a notice and hearing before the city council for the purpose of adopting a resolution confirming the statement of costs. (2) After holding a hearing the city council may adopt a resolution. The city clerk shall forward to the office of the recorder of the county of San Mateo one original certification by the finance director that payment was not received and one certified true copy of the resolution of the city council confirming the statement of costs with the statement of costs attached as an exhibit. 14.08.510 Criminal Prosecution. Any user who is found to have willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be charged with a misdemeanor for each offense and, upon conviction, shall be punished in accord with Chapter 1.24 of this code, unless otherwise specified. Each day -33- on which a violation shall occur or continue shall be deemed a separate and distinct offense. 14.08.520 Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method shall be subject to misdemeanor prosecution and upon conviction, shall be punished in accord with the provisions of Chapter 1.24 of this code. 14.08.530 Civil damages. Any person who violates any provision of this chapter, any wastewater discharge permit, or any order issued pursuant to this chapter or who creates a condition of pollution is hereby deerr~ed to have created a public nuisance. Such person(s) shall be strictly liable for the sum often thousand dollars for each day, or portion thereof, during which the violation occurs. In addition, a user may be liable for up to twenty-five thousand dollars ($25,000) a day for each violation, as set forth in California Government Code Section 54740. In lieu of the civil penalties, the city may impose administrative penalties in the following amounts, as set forth in California Government Code Section 54740.5: (1} up to two thousand dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports; (2) up to three thousand dollars ($3,000} for each day for failing or refusing to timely comply with any compliance schedule established by the City; (3) up to five thousand dollars ($5,000) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city; (4) up to ten dollars ($10) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city. Furthermore, the amount of such civil administrative penalties that have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. 14.08.540 Inj u notion. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, an injunction may be sought to restrain the continuance of such discharge. The city may petition the Superior Court for the issuance of a temporary or permanent injunction, or both, as the case maybe, restraining the continuance of such discharge. The city may also seek an injunction against nondischarge violation of pretreatment standards or requirements, or any other violation of this chapter. 14.08.550 Cost recovery by city. In addition to the penalties provided herein, the city may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. 14.08.560 Remedies cumulative. -34- The remedies identified in this chapter are in addition to and do not supersede or limit any other civil or criminal remedies. 1318925.3 -35- DATE: December 16, 2009 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO INCREASE ALL PARKING METER RATES BY $0.25 PER HOUR RECOM1VVl>JNDATION It is recommended that the City Council adopt the attached Resolution amending the Master Fee Schedule to increase all parking meter rates by $0.25 per hour. BACKGROUND/DISCUSSION In August 2009, the Parking Place Commission conducted an annual review of parking meter and permit rates to determine whether consideration should be given to adjusting rates. Based on the following information presented to the Commission at that meeting, which shows a projected shortfall in revenues versus expenditures, the Commission directed staff to bring forward a fee increase for its consideration: In fiscal year 2008/2009 revenue to the Parking District totaled $606,847, with meters contributing $503,055 and $103,792 attributed to permits. Operating expenses for the same period totaled $336,237. For comparison purposes, revenue for fiscal year 2007/08 totaled $543,836, or approximately $63,000/year less than current revenues. • In May 2009, the City Council awarded a construction contract for the Miller Avenue parking garage. The cost of the garage, including design, engineering, construction and construction management is approximately $12 million. • Staff has prepared a rough financing plan for the parking garage that contains some key assumptions: - Overall construction costs of approximately $12 million - Projected occupancy of a minimum of 40% of spaces - Sale of Parking Lot #6 for $1 million - Parking meter rates were raised by $0.25 and parking permits raised from $30 - $40 monthly and from $330 - $440 annually in late 2007 - Parking garage will increase annual district operating budget by approximately $121,000 - $200,000 of annual revenue from garage, plus $88,000 annually from rent of commercial space within garage Staff Report Subject: Parking Meter Rate Increase Date: December 16, 2009 Page 2 of 3 - Funds from Redevelopment Agency would be loaned to the Parking District to fund design and construction and paid back over the life of the bonds - Estimated annual debt service on loan of approximately $633,000 • As shown below, current revenue intake is not sufficient to meet the Parking District's projected debt service obligations for the garage. Current revenue (08-09) -actual $606,847.00 Current operating expenses {08-09} - actual ($310,136.00) Annual revenue from gara e -projected $288,000.00 Annual operating expenses for garage - projected ($121,453.00) Net Annual Revenue - projected $463,258.00 Estimated Annual Debt Service - projected $633,000.00 Difference -projected {$169,742.00) While the District is showing increased revenue from both permits and meters, there continues to be a significant projected shortfall. In order to reduce this deficit, the Parking Place Commission considered an increase in meter rates. As shown on the attachment, increasing all meter rates by $0.25/hour is anticipated to generate an additional $182,700 per year, which would be sufficient to cover the estimated shortfall. The Commission did not recommend an increase in permit rates at this time since a number of permit spaces have been temporarily removed to allow for the garage construction, but may revisit permit rates once the parking garage construction is complete. The new fee structure is proposed as follows: • All metered parking spaces increased by $0.25 per hour: Meter rates currently at $0.50 per hour are proposed to increase to $0.75 per hour Meter rates currently at $0.75 per hour are proposed to increase to $1.00 per hour A1124-minute parking spaces increased by equivalent of $0.25 per hour: Meter rates for 24-minute meters are proposed to increase from $0.05 for 4 minutes ($0.75/hr) to $0.05 for 3 minutes ($1.00/hr) The Parking Place Commission held a Public Hearing on the matter on September 8, 2009 and approved the proposed rate increases. ALTERNATIVES The Parking Place Commission has received some complaints about the lack of enforcement in the Downtown Area on Saturdays, as well as with the general lack of parking availability throughout the weekend. It has been suggested that additional resources be allocated to address this and also that Staff Report Subject: Parking Meter Rate Increase Date: December 16, 2009 Page 3 of 3 consideration be given to extending parking restrictions to Sundays both to increase the turnover of meter spaces and to potentially offset the need for an overall increase in meter rates. The following is a summary of the financial implications of these options: • Revenue Projections -Extending parking restrictions to Sundays at the current parking rates is estimated to generate $40,000 - 50,000 per year to the Parking District. • Costs -According to the Police Department, currently there are two parking enforcement officers plus two volunteers who collectively spend approximately 60 hours per week patrolling downtown, or an average of 10 hours per day throughout the District. Increasing this to seven days per week would correspondingly require an additional ten hours of enforcement, or the equivalent of a '/4 time meter enforcement officer at approximately $23 per hour, or roughly $10,810 per year. While extending parking restrictions to Sundays under the current rate structure would not achieve the projected revenue shortfall of an estimated $169,742, it would allow for increased turnover of metered spaces throughout the district, which has been identified by some business owners as a real concern. It should be noted that staff is not aware of any jurisdictions in the Bay Area, other than major tourist areas of San Francisco, that enforce parking meter restrictions on Sundays. However, should the City Council wish staff to pursue this option it is recommended that the matter be remanded to the Parking. Place Commission for additional input at a Public Hearing on this proposal and other options to address the remaining funding gap. CONCLUSION The Parking Place Commission identified a need to increase revenues in order to meet its funding commitments and has accordingly approved a $0.25 per hour increase in all meter rates. Therefore, it is recommended that the City Council amend the Master Fee Schedule to reflect this increase. By: B ` ~ ~~ Marty Van Duyn Barry M. Nage Assistant City Manag City Manager Attachment: Draft Resolution Revenue Calculation Sheet Parking Place Commission Minutes -September 8, 2009 Existing South San Francisco Downtown Parking Map BMN/MVD/sk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REFLECT A PARKING METER RATE INCREASE OF $0.25 PER HOUR. WHEREAS, business owners have repeatedly expressed a need for additional parking in the Downtown area; and WHEREAS, in May 2009, the City Council awarded a construction contract for the Miller Avenue parking garage, the cost of which including design, engineering, construction and construction management is approximately $12 million; and WHEREAS, the proposed parking meter rate increase is critical to the success of the financing plan for the parking garage on Miller Avenue; and WHEREAS, the Parking Place Commission held a hearing on the matter on September 8, 2009 and subsequently approved the proposed rate increases. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves an amendment to the Master Fee Schedule to incorporate the changes shown in Attachment A. ~ ~ ~ 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 special meeting held on the 16`x' day of December, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: i3o4841.i Meter Rates Reso- Dec 16 09 CC DOC ATTEST: City Clerk Attachment A All metered parking spaces increased b $y 0.25 per hour: Meter rates currently at $0.50 per hour to increase to $0.75 per hour; Meter rates currently at $0.75 per hour to increase to $1.00 per hour A1124-minute parking spaces increased by equivalent of $0.25 per hour: Meter rates for 24-minute meters to increase from $0.05 for 4 minutes ($0.75/hr) to $0.05 for 3 minutes {$1.00/hr) Revenue Calculations Existing Conditions 2008/2009 - 602 parking meters generating $504,055. 450 currently charge $0.75 per hour and 1 S2 charge $0.50 per hour. ^ Theoretical Current Maximum Revenue @ 100% utilization = $1,068,070 $0.75 meters ^ 450 x 9 (hours per day) x $.75 x 287 (days of operation per year) _ $871,762 $0.50 meter ^ 152 x 9 x $.S x 287 = $196,308 $504,055/$1,068,070 = 47% ofmaxiinum occupancy $0.25 increase to all meters (c~ 47% max utilization 602 x 9 x $.25 x 287 x .47 = $182,708 Impact -The following table reflects the change in terms of meter time per different coin denominations: Standard Meters @ $0.50/hr $0.75/hr $1.00/hr Minutes per Nickel 6 4 3 Minutes per Dime 12 8 6 Minutes per Quarter 30 20 15 24- minute Meters Currently 4 minutes per $0.05 ($0.75/hr). Proposed 3 minutes per $0.05 ($1.00/hr). CITY OF SOUTH SAN FRANCISCO PARKING PLACE CU1I~MISSION MEETING l~~NiJTES TUESDAY, September 8, 2009 LARGE CONFERENCE ROOM, CITY HALL 400 Grand Avenue 1. CALL TO ORDER: The meeting was called to order at 5:00 pm by Chair Facia. 2. ROLL CALL: Present: Chair Facia Vice Chair Luster Commissioner Irli Also Present: Susy Kalkin, Commission Secretary Billy Gross, Associate Planner Norma Fragoso, Redevelopment Manager Greg Giffra, Applicant -Giffra Enterprises John Penna, Penna Reality Christina Ng, Grand Palace Restaurant 3. MINUTES APPROVAL: Approval of August 1 1, 2009 Meeting Minutes Motion: Vice Chair Luster/Second: Commissioner Irli: To approve the minutes of August 11, 2009. Unanimously approved. Chair Facia abstained due to his absence at that meeting. 4. AGENDA REVIEW: None 5. AGENDA ITEMS Parking Exception for 13 parking spaces in the Downtown Parking District, at 226 & 232 Grand Avenue in the Downtown Commercial (D-C-L) Zone District, to allow 10 new residential units within existing mixed-use buildings in accordance with SSFMC Chapter 20.74.080. Use Permit -Mixed Use Development Giffra Enterprises, LLC/Owner Garavaglia Architecture, Inc/Applicant 226-232 Grand Avenue P09-0035: PE09-0001 Secretary Kallcin introduced Associate Planner Billy Gross who presented the staff report. Page 1 Parking Place Commission Meeting 09/08/09 Associate Planner Gross stated the West Building, located at 226 Grand Avenue, and the Edwin Building, located at 232 Grand Avenue, have commercial uses on the ground floor and twenty-three single room occupancy units on the second floor. He explained the applicant wanted to convert the single room units to five residential units in each of the buildings for a total often new residential units. He told the Parking Place Commission that currently the Zoning Ordinance requires amulti-family project with four or more units to provide two parking spaces per unit plus one guest space per every four units. He stated that 20 parking spaces are needed for the ten residential units and 3 parking spaces are needed for guest parking for a total of 23 parking spaces, however 10 parking spaces are able to be accommodated on the site so the applicant is asking fora 13 parking space exception. He stated the staff feels the replacement of the long vacant single units to new apartment units would serve to revitalize the use of the two buildings and the surrounding area. Associate Planner Gross informed the Parking Place Commission that guest parking demand is likely to be higher during off-peak hours and that sufficient public parking spaces exist in the vicinity to meet the parking demand. He stated that staff recommends the parking exception for 13 parking spaces in the Downtown Parking District, at 226 and 232 Grand Avenue. Commissioner Irli stated she felt there is adequate parking as long as the applicant understands that during the day they have to pay on-street parking rates if they want to park there. Vice Chair Luster stated she felt it was a good proposal. Chair Faria asked if the twenty-three single units were utilized and Redevelopment Manager Norma Fragoso answered no, that they had long been empty. Chair Faria stated that due to the expansion of Buon Gusto and Di Napoli together with this project that the Downtown will see a revitalization in that pocket area. However he did not want to leave the impression that the Parking Place Commission will approve anything. Redevelopment Manager Norma Fragoso stated staff had been giving a lot of thought to the implications and policy of providing exceptions and noted that is why this project was held to ten units. She stated it is important to look at the policy issues and their impact on the overall revitalization efforts in the downtown area. Vice Chair Luster stated she felt it's a great idea upgrading our City and that she feels this is an excellent project. Redevelopment Manager Norma Fragoso thanked everyone very much and noted that their comments were appreciated. Page 2 Parking Place Corrunission Meeting 09/08/09 Chair Facia stated that it was too bad more landlords on the other blocks didn't improve their property. Secretary Kalkin explained that sometimes it takes one business to get it started and the others may follow. Commissioner Irli asked if there is new business going in on the ground level of this project will additional parking be needed or stay the same? Redevelopment Manager Norma Fragoso stated that Buon Gusto intends to expand into the space below which will double their current space, but with the parking lots and new garage they are encouraging owners to use the lots and garage and not use up the street parking. Motion: Vice Chair Luster/Second: Commissioner Irli: To approve Parking Exception PE09-0001 for 13 parking spaces in the Downtown Parking District, at 226 & 232 Grand Avenue in the Downtown Commercial (D-C-L) Zone District, to allow 10 new residential units within existing mixed-use buildings in accordance with SSFMC Chapter 20.74.080. Unanimously approved. • Parking District # 1 Proposed Rate Change Increase parking meter fees by an additional 25¢ per hour. Secretary Kalkin noted that at the August Parking Place Commission meeting staff brought forth an accounting of the District revenues and expenditures for the Commission's annual review. At that meeting it was explained that revenues were up from the previous year, but also noted that the construction contract for the Miller Avenue garage had been awarded in an amount that was higher than previously estimated, resulting in an annual revenue shortfall of approximately $170,000. Because of this, the Commission had directed staff to schedule this public hearing to consider a parking meter rate increase and allow input from affected property owners. She noted that staff recommended that the Commission increase all meter rates by 25¢/hour, which would bring 50¢/hour meters to 75¢/hour and 75¢/hour meters to $1.00/hour, which is estimated to net an additional $182,000 per year. Chair Facia asked if there were any comments from the public. John Penna, owner of Penna Realty, 435 Grand Avenue stated that he also managed several other properties in South San Francisco. He explained to the Commissioners that the Parking District was started in 1958 because the merchants wanted parking and they petitioned the City to create a district and buy condemned property for the parking lots. In turn all property owners pledged their property as collateral and if the Parking District could not pay for the bonds to purchase the lots the property owners would have ownership of the purchased property. He informed the Parking Place Commission that he feels that the Page 3 Parking Place Commission Meeting 09/08/09 property owners have part interest/ownership in the Parking District, but this issue has never been resolved. He also informed the Parking Place Commission that when he was on City Council the Parking Enforcement Officers salaries were originally paid out of the General Fund and then it was decided to pay their salaries from the Parking District funds. He stated he was opposed to the salaries being paid by Parking District funds because he felt the funds should be used to purchase additional property for parking lots. Mr. Perna felt the Parking District could do a better job of managing how and where people park. He explained that although he doesn't know who it is, he knows there are employees and owners who park in the closest-in parking lots and spaces, even the handicapped spaces, and he feels these spots should be available for the customers. He stated that in shopping centers the employees have to park in the further lots and spaces leaving the closer lots and spaces for their customers. Mr. Perna told the Commission that Parking Enforcement has talked to these employees and owners, but nothing has been done so he suggested identifying them and doing something about it. Chair Faria stated we could recommend that, but was not sure of the legality. He suggested having staff investigate and noted that he agrees with Mr. Penna's complaint. John Perna noted he did not feel there's a real need to raise fees because there are surrounding cities and areas within South San Francisco that have free parking. He feels the cost of the new parking structure should not fall on the merchants since it's a slow economy and it's difficult for the merchants to draw customers. Vice Chair Luster said she had several points. She questioned the contention that the property owners own parking spaces within the District. Mr. Perna replied that in conjunction with the City the property was used to secure bonds. Secretary Kalkin corrected the statement to reflect initial bonds. John Perna explained that once the bonds got paid the merchants should have had a choice to get rid of the parking meters, but that never happened. Vice Chair Luster asked if that was in the Charter. She stated that the merchants should take a look at that issue, bring the issue to the Parking Place Commission and eventually it could go to City Council. She explained there is nothing the Parking Place Commission can do if the policy is part of the Charter. John Perna explained the reason he brought this up was because merchants can't do anything about the policy, as a Councilmember he tried but couldn't and since staff is here the Commissioners can direct staff to clarify the policy. Page 4 Parking Place Commission Meeting 09/08/09 Vice Chair Luster stated the first time they increased the parking rates she was the Chair; the room was filled and she wondered what would happen, but it worked out. She also pointed out that several cities do charge for parking. John Penna stated that several cities do charge for parking but that he brought up issues that need attention. He also stated that it's not a good economic time to raise fees. Vice Chair Luster stated we did raise fees and so did other cities, however our fees are still not as much as the other cities. Secretary Kalkin pointed out when City Council approved the construction of the parking structure, which was spurred by downtown merchants' requests; part of the agreement was the Parking District would pay back the loan from the Redevelopment Agency. She stated there is a need for the District to generate this necessary revenue. John Penna questioned if the Parking District could not pay back the money would the property owners be responsible. Secretary Kalkin answered that the Parking District did not issue the bond. John Penna stated the Parking District exists with property owners supporting that Parking District with a pledge in the original Charter that if the Parking District can not pay its bill, the property owner can be assessed. Secretary Kalkin explained the Parking District is not obligated in that same fashion because no bonds were taken on by the Parking District to pay for the parking structure. However, there was a clear understanding from merchants with City Council approving the parking structure that revenues would come back from the Parking District to pay the cost. John Penna asked what happens if the Parking District does not have sufficient funds? Secretary Kalkin answered that the Parking District has the authority to raise revenues. Motion: Vice Chair Luster/Second: Commissioner Irli: To approve Parking District # 1 proposed rate change increasing parking meter fees by an additiona125 ¢ per hour. Unanimously approved. 6. CORRESPONDENCE: None 7. ORAL COh~VtIINICATIONS: 8. ADJOURNMENT: Motion: Chair Faria to adjourn the meeting at 6:00 pm Unanimously approved. Page 5 Parking Place Commission Meeting 09/08/09 Respectfiilly submitted, Susy K ,Commission Secretary GM- ~,., ~ Norm Faria, Chair Page 6 Parking Place Commission Meeting 09/08/09 ;.r a d~! b ~- ~~ Staff Rebort DATE: December 16, 2009 TO: Honorable Mayor & City Council FROM: Jim Steele, Director of Finance SUBJECT: RESOLUTION APPROVING THE ANNU~~L IMPACT FEE AND SEWER CAPACITY FEE REPORT RECONIlVIENDATION It is recommended that the City Council adopt a resolution approving the Annual Impact Fee and Sewer Capacity Fee Report for Fiscal Year 2,008-09 and making findings as required by the Mitigation Fee Act. BACKGROUND/DISCUSSION State law authorizes the City to collect impact fees and sewer capacity fees (;formerly referred to as sewer connection fees) from new development to fund put~lic facilities which are needed as a result of the new development. The City currently administers four impact fee programs that fund new development's share of certain capital infrastructure projects, and one sewer capacity fee to fund the use of public facilities in existence and/or new public facilities to be acquired or constructed in the future. The impact fees are charged basE;d upon apro-rata share of the cost of the new improvements. The sewer capacity fee is a cost recovery charge based on proportional benefit to the person or property being charged, associated with providing collection and treatment capacity, both through the existing infrastructure provided, and through future capital projects. Government Code Section 66000 et seq. require the City to review the status of collected impact fees and sewer capacity fees on an annual basis. The attached report provides information related to the status of the impact fee funds and the sewer capacity fee fund for the fiscal year ending June 30, 2009. I7ue to the economic downturn, new development is not occurring at the same historical rate which is delaying the funding from these revenue sources. Staff Report Subject: Resolution Approving the Annual Impact Fee and Sewer Capacity Fee Report Page 2 The summary of each fund's ending balances as of June 30, 2009 is as follows: Childcare Impact Fee: $2,587,785 Oyster Point Interchange Impact Fee: $403,104 Note, the fund owes $12,521,718 to the Redevelopment AgE;ncy (RDA) for dollars advanced by RDA to complete the .interchange before all impact fees were in. Traffic Impact Fee: $8,137,778 Sewer Impact Fee: $883,102 Note, the fund owes $5,616 to RDA and $:?,791,868 to a large business for pre-funding its future impact fees. Sewer Capacity Fee: $0 FISCAL IMPACT There is no financial impact related to compliance with annual reporting requirements. CC)NCLUSION Adopting the report will satisfy the reporting requirements of Government Code Section 66000 et secy. Pre ared b ~y .- A roved ( ~-l'` lv ~ '~ ~L~ ~ ~ v `~- ~------ p y• pp ~y, ~ Jim ~eele ,~, ~arry M. Nagel ~ , Dir ctor of Finance ~ City Manager ~~ Attachments: Resolution Report RESOLUTION NO. _ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO., STATE OF CALIFORNIA A RESOLUTION APPROVING THE ANNUAL IMPACT FEE AND SEWER CAPACITY FEE REPORT FOR FISCAL YEAR 2008-09 AND MAKING F1N:DINGS FOR THE IMPACT FEE PORTION OF T~-IE REPORT AS REQUIRED BY THE MITIGATION FEE A.C'T WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000, et seq.) certain findings are required to be made regarding unexpended impact fees in connection with consideration of the Impact Fee portion of the Annual Impact Fee and Sewer Capacity Fee Report (Report); and WHEREAS, the Impact Fee portion of the Report for Fiscal Year 2008-09 identifies impact fee programs for which there are unexpended impact fees for which findings are required; and WHEREAS, the Report for Fiscal Year 2008-09 also contains a section on Sewer Capacity Fees, which have certain reporting requirements; and WHEREAS, the Report has been available at City H~~11 for at least ten (10) days prior to this Council meeting, and was distributed to all Councilmembers in advance of said meeting. NOW, THEREFORE, BE IT RESOLVED that the (~ity Council of the City of South San Francisco hereby approves the Report for Fiscal Year 2008-09. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby finds the following as required by Government Code Sections 6600(d) and 66013(d) and based upon review of the Impact Fee and the Sewer Capacity lFee portions of the Report for Fiscal Year 2008-09: 1. That the purposes of the impact fees and the sewer capacity fees have been identified. 2. That there is a continued need for the improvements and that there is a reasonable relationship between the impact fees and the impacts for development for which the fees are collected. 3. The sources and amounts of funding anticipated to corriplete the financing of improvements have been identified. 4. The approximate dates for funding improvements are included in 2008-2009 Capital Improvement Program unless the improvements are longer term planned projects. 5. The beginning and ending balance of the funds and the amount of impact fees collected have been identified. 830023-1 6. That each public improvement on which impact fees were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges (if more than one source of funding was used) has been identified. 7. That each public improvement on which impact fees were expended that was completed during the. fiscal year has been identified. 8. That each public improvement that is anticipated to be undertaken in the following fiscal year has been identified. 9. That describes each interfund transfer or loan made fi•orn the capital facilities fund has been identified. 10. That the beginning and ending balance of the sewer capacity fee fund and the amount of capacity fees collected in that FY 2008-2009 have been identified. 11. That each public improvement on which sewer capacity fees were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges (if more than one source of funding was used) have been identified. 1 Z. That each public improvement on which sewer capacity fees were expended that was completed during that fiscal year have been identified. 13. That the sewer capacity fees do not exceed the estimated reasonable costs of providing the service for which the fee is charged; 14. That the sewer capacity fee accounting and report requirements are being met, i.e., revenues are being kept in a separate fund and the City shall provide annual reporting on the use of the funds collected; 15. That the data supporting these findings is set forth in tlhe Report. ~ ~ * ~ 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 , 2009 by the following vote: AYES NOES: ABSTAIN: ABSENT: X30023-1 1270362.1 ATTEST: City Clerk 830023-1 Annual Impact Fee and Sewer rapacity Fee Report For the City of South Saln Francisco For Fiscal Year 208/09 This report contains information on the City of South San Francisco's development impact fees and sewer capacity fees for Fiscal Year 2008/09. This information is presented to comply with the annual reporting requirements contained in Government Code section 66000 et seq. Please note that this annual report is not a budget document, but rather is compiled to meet reporting requirements. It is not intended to represent a full pic;ture of currently planned projects as it only reports revenues and expenditures for Fiscal Year 2008/09. Government Code Section 66006 requires local. agencies to submit annual and five-year reports detailing the status of development impact fees. The annual report must be made available to the public within 180 days after the last day of the fiscal year, and must be presented to the pulblic agency (City Council) at least 15 days after it is made available to the public. This report summarizes the following information far each of the development impact fee programs: 1. A brief description of the fee program. 2. Schedule of fees. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected, interest earned, and transfers/loans. 5. Disbursement information (including interfund transfers/loans) and percentage of the project funded by fees. 6. A description of each interfund loan along witri the date the loan will be repaid and the rate of interest. 7. The estimated date when projects will begin if sufficient revenues are available to construct the project. 8. Findings for each impact fee program. Government Code Section 66013, further requires local agencies to submit annual reports detailing the status of sewer capacity fees. The annual report must be made available to the public within 180 days after the last day of each fiscal year. This report summarizes the following information for the sewer capacity fees: 1. A description of the charges deposited in thE; fund. 2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. 3. The amount of charges collected in that fiscal year. 4. An identification of all of the following: a. Each public improvement on which charges were expended and the amount of the expenditure for each irrhprovement, including the percentage of the total cost of the public irriprovement that was funded with those charges if more than one source of funding was used. b. Each public improvement on which charges were expended that was completed during that fiscal year. c. Each public improvement that is anticipated to be undertaken in the following fiscal year. More detailed information on certain elements of the various fee programs is available through other documents such as the'Nexus Studies, Master Plans, Capital Improvement Programs, and Budgets. The City does not typically earmarkimpact fees. or sewer capacity fees for any specific project as the fees are collected, but rather the fees are applied toward a series of capital improvement projects, such as a future sewer infrastructure, transportation infrastructure, and other capital facilities. 2 TABLE OF CONTENTS Citywide Impact Fee Program Page Childcare Impact Fee Fund (Fund 27) Overview and Required Findings ..................................... 4 Fee Schedule and Financial Reporting ............................5 Plan Area Impact Fee Programs Oyster Point Interchange Impact Fee Fund (Fund 50) Overview and Required Findings ..................................... 6 Fee Schedule and Financial Reporting .............................7 Traffic Impact Fee Fund (Fund 26) Overview and Required Findings ......,, .............................. 8 Fee Schedule and Financial Reporting . ...........................9 Sewer Impact Fee Fund (Fund 70) Overview and Required Findings ........... .........................10 Fee Schedule and Financial Repoirting .. .........................11 Other Reportable Citywide Fees Sewer Capacity Fee Fund (Fund 73) Overview and Required Findings ...................................12 Fee Schedule and Financial Reporting ..........................13 3 Childcare Impact Fee I~rogram The Nexus Study for this citywide impact fee program was adopted by City Council in 2001 and identified the need for new end expanded child care facilities in the City. Updates since 2001 to this fee program have included a periodic inflation adjustment. The fee program includes ~ 5% administrative fee. The estimated cost of the new and expanded facilities was included in the Nexus Study and totaled $43.9 million in 2001 dollars. The Nexus Study, using 2001 dollars, identified new development's share of the cost at $10.8 million (24.6% of the total new and expanded facilities cost) and with tl-ie administration cost, new development's share rose to $11.3 million. Existing development's share of the cost is $33.1 million (75.4% of new facilities) which must be funded with other funding sources such as General Fund, grants, developer contributions, redevelopment funds, Community Development Block Grants, etc. Required Findings 1. The purpose of the Childcare Impact Fee Prdgrarr~ is to provide new development's share of funding for new and expanded childcare facilities required at build-out of the City. 2. The reasonable relationship between the childcare impact fee and the purpose for which it is charged is demonstrated in thE; South San Francisco Child Care Facilities Impact Fee Nexus Study dated September 2001 and adopted November 14, 2001. 3. The sources and amounts of funding anticipated for completion of the future new and expanded childcare facilities are in the South San Francisco Child Care Facilities Impact Fee Nexus Study dated September 2001 and adopted November 14, 2001 (shown in 2001 dollars). Tide source of funding existing development's share as noted in the Nexus Study is some combination of the General Fund, grants, developer contributions, redevelopment funds, and Community Development Block Grants. 4. Two projects have been completed using the Childcare Impact Fee Program funding. There is one in-progress project showm in the Five Year CIP FY 2009- 10. The approximate date for funding and constructing future facilities will be determined when additional funds for facility construction have accumulated. 4 Childcare Impact Fee (Fund 27) This citywide development impact fee program funds new development's fair share of new and expanded childcare facilities to serve the City. Childcare Impact Fee Rates for Fiscal Year 2008-09 Land Use ~r Unit or er Gross S . Ft. GSF Residential _ Low Densit _ $1,979 er unit Medium Densi _ $1,858 er unit Hi h Densit _ $1,851 er unit Other Residential _ $1.28 er GSF Commercial/Industrial _ Commercial /Retail _ $0.68 er GSF Hotel /Visitor Services _ $0.18 er GSF Office / R&D _ $0.57 er GSF Other Non-Residential $0.57 per GSF City's Beginning Balance, July 1, 2008 $2,517,284 Fees collected $9,346 Interest earned $72,513 Total $81,859 Disbursements Amount % Fee Funded Siebecker Childcare Ctr. Expansion (0924) $243 100% Smartkids SSF Childcare Expansion Fund $11,115 100% Total $11,358 City's Ending Balance, June 30, 2009 ' $2,587,785 Planned Projects for Fiscal Year 2009/10 Amount % Fee Funded Siebecker Childcare Ctr. Expansion (0924) $153,757 100% 5 Oyster Point Interchange Impact Fee Program The City Council adopted this plan area fee program on May 23, 1984 using a February 1983 Feasibility Study prepared by Nalte and Associates in conjunction with Resolution No. 71-84 which created the "O~rster Point Contribution Formula". The 1983 Feasibility Study identified the need fqr the Oyster Point Interchange project which at that time was referred to as the grade separation project. Updates to the fee program since 1984 include: 1) any ongoing monthly inflation adjustment, and 2) a June 26, 1996 fee program change via Resolution No. 102- 96 that included adjustments for a) the inflationslry index that reduced the fee approximately 22%, b) the project description vuhich increased the scope of the project to include the Terrabay hook ramps and the southbound off-ramp flyover, and c) the use of more current trip generation rates, and 3) a October 9, 1996 fee program change via Resolution No. 152-96 that added additional land uses with their associated trip generation rates. The Feasibility Study, using 1983 dollars, identified new development's share of the grade separation project cost at 64.8% of wf7ile existing development's share of the cost (existing deficiency) was identified a~ 35.24%. This original portion of the project, the grade separation was completed and funded in 1995 and is not part of this annual report. The increased scope portion of the project, added in 1996, was identified as being 100% new develolpment's responsibility. Of this additional scope, the flyover, estimated to cost $6.4 million in 1996 dollars in the fee program was completed in 2005, and the hook ramps, estimated to cost $15.0 million in 1996 dollars in the fee program were completed in October 2006. While the construction is completed, additional work is occurring relating to property transfers and gaining final CalTrans project acceptance. Required Findings 1. The purpose of the Oyster Point Interchange Impact Fee Program is to provide new development's share of funding for this project required at build-out of the plan area. 2. The reasonable relationship between this impact tee and the purpose for which it is charged is demonstrated in the multiple traffic/transportation impact analyses and environmental documents including the Oyster Point Business Center Traffic Impact Analysis dated December 1981, the Gateway Project Transportation Impact Analysis dated March 1981, the Terrabay Development Draft EIR dated August 1982, and environmental documents associated with the Shearwater Project. 3. The sources and amounts of funding to complete the flyover and hook ramps portion of the project are: $29.2 million from the Oyster Point Interchange Impact Fee Program, $20.7 million from the San Mateo County Transportation Authority Grants, and $4.2 million in utility company funding. Since the project was completed ahead of the plan area build out, $1 x.45 million (principle only-prior to adding interest) of the Oyster Point Interchange impact fees were borrowed and are now owed to the City of South San Francisco Redevelopment Agency (RDA). 4. The construction portion of the flyover and hiook ramps is completed, and funding through the fee program will continue through build out of the plan area as the impact fees pay back the RDA advance. 6 Oyster Point Interchange Impact Fee (Fund 50) This plan area development impact fee progran-i funds new development's fair share of the Oyster Point Interchange projedt. Oyster Point Interchange Impact Fee R~~ates for Fiscal Year 2008-09 Number of Vehicle Trips x $154 x (ENR's latest Construction Cost Index for San Francisco/ 6552.16) Vehicle Trip$ are based on Average Daily Traffic, Trip Rate per 1,000 Gross Square Feet of Land Use. The monthly San Francisco CCI rates for 2008/09 starting with July 2008 and ending with June 2009 were: 5313.85; 5320.60; X5372.35; 5594.81; 5576.06; 5523.06; 5510.81; 5496.56; 5499.06; 547.31; 5489.81; 5477.06. Land Use AD7' Tri Rate er 1,000 GSF General Industrial 5.46 Manufacturin _ _ 3.99 Warehousin 4.50 Hotel _ 10.50 General Office Buildin _ _ 12.30 Research & Develo ment R&D _ 5.30 Restaurant Dinner House/Hi h Turn-over _ 56.30 / 164.40 General Commercial 48.00 City's Beginning Balance, July 1, 2008 $4,829,510 Fees collected $1,482,851 Miscellaneous revenue $13,784 Interest earned $147,510 Tota I $1, 644,145 Disbursements Amount % Fee Funded Payment on loan from RDA $6,000,000 100% U.S. 101 Off Ramp/Hook Ramps (9710) $30,550 100% U.S. 101 Flyover to Oyster Pt. (9715) $40,001 100% Total $6,070,551 City's Ending Balance, June 30, 2009 $403,104 Loans to Oyster Point Fee Fund RDA Loan (Fund 58) Remaining Due Date and A ount Due Interest Rate $~ 2,521,718 None & 4.585% simple interest 7 Traffic Impact Fee Program The original 2001 Nexus Study for this plan area fee was originally adopted by City Council in 2002 and identified the need for mew and expanded roadway and intersection improvements to serve the area looted East of 101 in the City. Updates since the 2001 Nexus Study included a revised version dated May 6, 2005 and the latest updated Nexus Study is dated July 19, 2007. This fee program also includes an annual inflation adjustment and includes a 2.5% administrative fee. The estimated cost of the new and expanded facilities was included in the 2007 Nexus Study and totaled $~8.5 rnillion in 2007 dollars ($32.4 million in net cost after accounting for fees already received). There are a total of 26 road improvements listed in the 2007 Nexus 'Study along with two study report projects for a total of 28 projects. The Nexus Study, using 2007 dollars, identified new development's share of the cost at 100% of the total identified new and expanded facilities cost. Required Findings 1. The purpose of the Traffic Impact Fee Program is to provide new development's share of funding for new and ex~landed roadway and intersection improvements to serve the area located East of 101 at build-out of the plan area. 2. The reasonable relationship between the traffic impact fee and the purpose for which it is charged is demonstrated in the Traffic Impact Fee Study Updated East of 101 Area dated July 19, 2007 and adopted July 25, 2007. 3. The sources and amounts of funding anticipated for completion of the future new and expanded roadway and intersection irr~provements are in the Traffic Impact Fee Study Updated East of 101 Area dated July 19, 2007 and adopted July 25, 2007 (shown in 2007 dollars). 4. None of the 28 projects listed in the Nexus Situdy are completed although four projects have been started. An initial traffic study is being completed now to assist with prioritizing the construction of the nerrv and expanded facilities listed in the Nexus Study. The four in-progress projects (including the initial traffic study) are shown in the first year of the Five Year CIP'~FY 2009-10, along with one additional traffic impact fee funded project. They remaining Nexus Study projects are shown in later years of the Five Year CIP FY 2009-10. 8 Traffic Impact Fee (Fund 26) This plan area development impact fee program funds new development's fair share of new and expanded roadway and intersection improvements East of 101 to serve the City. Traffic Impact Fee Rates for Fiscal Year 2008-09 Area of Building x Land Use Fee Land Use Fee: R&D = $4.90 per building sq. ft. Hotel = $1,141.97 per room Commercial = $20.33 per building sq. ft. City's Beginning Balance, July 1, 2008 Fees collected Interest earned Total $8,001,442 $0 __$230,394 $230, 394 Disbursements City Administration Gateway Blvd/East Grand Traffic Impv. (0400) Grandview Dr./East Grand Ave. (0605) South Airport Blvd/Utah Ave. (0707) Traffic Impact Fee Study (0807) Total Amount $2,500 $4,623 $5,570 $4,276 __ $77,089 $94,058 Fee Funded 100% 100% 100% 100% 100% City's Ending Balance, ;June 30, 2009 $8,137,778 Planned Projects for Fiscal Year 2009/10 Gateway Blvd/East Grand Traffic Impv. (0400) Grandview Dr./East Grand Ave. (0605) South Airport Blvd/Utah Ave. (0707) Traffic Impact Fee Study (0807) East of 101 Traffic Improvements (2014) Total Amount $207,952 $699,430 $436,724 $415,356 $1,000,000 $2,759,462 Fee Funded 100% 100% 100% 100% 100% 9 Sewer Impact Fee Program The original 2002 Nexus Study for this plan areal fee was originally adopted by City Council in 2002 and identified the need for mew and rehabilitated sewer collection and treatment facilities to serve the aria located East of 101 in the City. This fee program also includes an annual inflation adjustment. The estimated cost of the 20 new and expanded sewer projects was included in the Nexus Study and totaled $21.4 million in 2002 doollars. The Nexus Study, using 2002 dollars, identified new development's sham of the cost of the required facilities at $15.5 million (72.4% of the total new and expanded facilities cost) while existing development's share of the cost (existing deficiency) is $5.9 million (27.6% of new facilities). New development's sf~are of the cost, $15.5 million was increased to include some Master Planning Costs ($425,000) and some CEQA reviewing costs ($600,000) for a total cost to new development of $16,425,000 of which $12,429,000 was to be sewer impact fee funded and $4,066,000 was to be funded directly by developer contributions. Of the 20 total projects listed in the Nexus Study, 11 projects are either fully or partially funded with the sewer impact fee funds, 4 are existing development's responsibility, 4 are to be funded by developer contributions, and 1 is to be funded with a combination of developer contributions and revenues from existing development. Existing development's share must be funded wlith the sewer charges appearing on property tax bills as a direct levy. Required Findings 1. The purpose of the Sewer Impact Fee Program is to provide new development's share of funding for new and rehabilitated sewer collection and treatment facilities to serve the area located Ea$t of 101 at build-out of the plan area. 2. The reasonable relationship between the traffic impact fee and the purpose for which it is charged is demonstrated in the East of 101 Sewer Facility Development Impact Fee study dated October X002 and adopted October 23, 2002. 3. The sources and amounts of funding anticipated for completion of the future new and rehabilitated sewer collection and treatment facilities are in the East of 101 Sewer Facility Development Impact Fee study dated October 2002 and adopted October 23, 2002 (shown in 2002 dollairs). 4. Four of the 11 projects listed in the Nexus Study to be funded fully or partially from sewer impact fees have been started and three of those are nearly completed. The four in-progress projects are shown in the first year of the Five Year CIP FY 2009-10, along with two additional sewer impact fee funded projects. The remaining Nexus Study projects ire lumped together and shown in the last year of the Five Year CIP FY 2009-10. 10 Sewer Impact Fee (Fund 70) This plan area development impact fee program, funds new development's fair share of new and rehabilitated sewer collection end treatment facilities to serve the area located East of 101 in the City. Sewer Impact Fee Rates for Fiscal Year 2008-09 Gallons per Area x Area x $3.99 The generation rate for all land use is 40~ gallons per day per 1,000 square feet of building area. City's Beginning Balance, July 1, 2008 Fees collected Prior year accounting adjustment Interest earned Total $3,119,010 46, 938 ($91,407) ($33,156) ($77,624) Disbursements Pump Station No. 4 (0352) East Grand Sewer Main Trunk (0854) [1] East of 101 Sanitary Sewer Imprts (0855) [2] Total Amount $372, 391 $1, 772,313 $13,580 $2,158,284 Fee Funded 60% 100% 100% City's<Ending Balance, June 30, 2009 $883,102 Remaining Due Date and Loans to Sewer Impact Fee Fund Almount Due Interest Rate Developer Prepayment (project 0854) [1] $2,791,868 [1 ] RDA Fund 58 Loan (project 0855) $5,616 None & 4.585% simple interest Planned Projects for Fiscal Year 2009/10 Amount % Fee Funded Pump Station No. 4 (0352) $61,603 60% East Grand Sewer Main Trunk (0854) $192,830 100% East of 101 Sanitary Sewer Imprts (0855) $3,125 100% Littlefield Avenue (South) Sanitary Sewer Subtrunk Repair/Upgrade (2045) $64,000 80% (North) on Littlefield Ave. (2046) $150,000 30% Total $471,558 [1 ]The developer prepaid the sewer impact fees to allow for earlier construction of project 0854 and will receive credit against future sewer impact fee obligations. [2] This project is identified as the Force Main-Pump Station No. 4 in the Nexus Study. 11 Sewer Capacity Fee F~rogram The most current Fee Study was adopted by City Council in 2000 and identified the need for sewer collection and treatment capacity in the City. Annual updates since 2000 to this fee program have included a preset adjustment related to borrowing costs. The estimated capital investment (cost less depreciation) of the collection and treatment facilities was included in the Nexus Study and totaled $63.5 million in 2000 dollars. The Fee Study, wing 2000 dollars, identified the capacity fee as a cost recovery charge associated with providing collection and treatment capacity to new development, both though the existing infrastructure provided, and through future capital projects not' funded by the Sewer Impact Fee Program located East of 101. Existing development's share of the benefit of these facilities is funded from sewer charges appearing on property tax bills as a direct levy. Required Findings 1. The sewer capacity fees do not exceed the estimated reasonable costs of providing the facilities for which the fee is charged. (see § 66013, subd. (a).) 2. The sewer capacity fees accounting and repprting requirements are being met, i.e. the revenues are kept in a separate fund and the City provides annual reports on the use of the funds collected (see §'66013, subds. (c) and (d).) 12 Sewer Capacity Fee (Fund 73) This citywide fee program funds the cost associated with providing collection and treatment capacity to new development, both though the existing infrastructure provided, and through future capital projects nod funded by other sources. The sewer capacity fee for Fiscal Year 2008-09 was $1,683 per EDU. An EDU, or Equivalent Dwelling Unit, is the amount and strength of sewage equivalent to that discharged by asingle-family residence. EI~U=(0.00359 x Q) + (0.388 x BOD) + (0.463 x TSS). Q =gallons per day of sewage to be discharged; BOD = pounds per day of biochemical oxygen demand to be discharged; TSS =pounds per day of total suspended solids to be discharged. City's Beginning Balance, July 1, 2008 $0 Fees collected $144,679 Interest earned $2,604 Total $147,283 Disbursements Amount % Fee Funded Central Area/Airport Blvd(Wet Weather 11- 0556) $147,283 8% City's Ending Balance; June 30, .2009 $0 Planned Projects for Fiscal Year 2009/10 Amount % Fee Funded WQCP Reliability Upgrades (2040) $50,000 7% 13 s. Y ,4 ~, CW l ..j y :~< ~ ; ~ .~ f k IFS ~LN , ~ 4 iS'Yr ;. f ~;~ ~, f=` ,~ •r f v r ~, ~_~~ ~~~ d ~ L }~~ ~ ~ O 3 5 ~L v {i> ~ ~ • ~' .. ~~ ~a ~ O O F A 4 k ~G. S: ~k 4 +. jc. 1''' ^t ~~; «1 ., r f; nk i>?J. ~4 i 4 ~Y A '; s :~ jrfi ~ ~ ~~ N ~Jmd y , it ~/. 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