PB-234 141
FRESNO'S MUNICIPAL SOLID WASTE MANAGE
MENT SYSTEM: A CASE STUDY
Applied Management Sciences
Silver Spring, Maryland
1973
DISTRIBUTED BY:
National Technical Information Service
U. S. DEPARTMENT OF COMMERCE
5285 Port Royal Road, Springfield Va. 22151
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NOTICE
THIS DOCUMENT HAS BEEN REPRODUCED FROM THE
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BIBLIOGRAPHIC DATA
SHEET
1. Report No.
EPA/530/SW71C
PB 234 141
4. Title and Subtitle
5. Report Date
1973
Fresno's Municipal Solid Waste Management System:
A Case Study
6.
7. Author(s)
8. Performing Organization Kept.
No.
9. Performing Organization Name and Address
Applied Management Sciences
962 Wayne Avenue
Silver Spring, Maryland 208910
10. Project/Task/Work Unit No.
11. Contract/Grant No.
68-03-0041
12. Sponsoring Organization Name and Address
U. S. Environmental Protection Agency
Office of Solid Waste Management Programs
Washington, D. C. 20460
13. Type of Report & Period
Covered
final
14.
15. Supplementary Notes
16. Abstracts
This study examines the solid waste collection and disposal system in
Fresno, California. The background of the system, including location, geography,
demography, climate, form of government, and the solid waste management agencies
is described, and the characteristics of the system, including the services,'
equipment, and finances are discussed..
17. Key Words and Document Analysis. 17a. Descriptors
Waste disposal, urban areas
17b. Identifiers/Open-Ended Terms
17c. COSAT1 Field/Group
18. Availability Statement
19.. Security Class (This
Report)
UNCLASSIFIED
20. Security Class (This
Page
UNCLASSIFIED
[21. No. of Pages
FORM NT1S-35 (REV. 3-721
US'COMM-DC 149B2-P72
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2C5CC3
FRESNO'S MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM
A Case Study
This final report (SW-71a) describes work performed
for the Federal solid waste management program under contract no. 68-03-0041
to APPLIED MANAGEMENT SCIENCES, INC.
and is reproduced as received from the contractor
/ft
U.S. ENVIRONMENTAL PROTECTION AGENCY
1974
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This report has been reviewed by the U.S. Environmental
Protection Agency and approved for publication. Approval
does not signify that the contents necessarily reflect the
views and policies of the U.S. Environmental Protection
Agency, nor does mention of commercial products constitute
endorsement or recommendation for use by the U.S. Government.
An environmental protection publication (SW-7J.c)
in the solid waste management series
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FOREWORD
Solid waste management systems are an Integral part of the
environment of nearly every citizen in the United States. Yet
until recent years, these systems have not received the attention
other visible residential services have enjoyed. This historical
neglect has resulted in systems which may not be cost-effective,
especially with respect to the rising cost trends encountered in
solid waste management activities. These trends arise from two
principal factors:
* Environmentally sound disposal methodology is being
enforced or strongly encouraged; as a result, disposal
sites and needed equipment are now expensive to procure
and operate.
* The collection function is highly labor intensive.
Thus, the costs of unskilled labor, which have been
rising to meet socioeconomic demands, have had
enormous impacts on local agency budgets.
This rise in cost pressure has forced all levels of
governmental organizations to consider more closely the management
and costs of solid waste management activities.
Because efforts to upgrade solid waste management practices
are in their infancy, there is still an obvious lack of data
bases for evaluative and comparative analyses. This case study
is one in a series of case studies of solid waste management
systems which has been conducted under the sponsorship of the
Office of Solid Waste Management Programs, U. S. Environmental
Protection Agency. Kenneth Shuster and Cindy McLaren served as
EPA project officers on the case study reported herein. The
purpose of these case studies is to fill in this data gap with
actual case histories of how cities are handling their solid
waste problems.
Concerned agencies at all government levels, as well as
private firms, will be able to assess information of the following
types:
* The management and operating characteristics of
public sector solid waste management systems.
* The institutional forces which give rise to these
characteristics.
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* Those techniques that have been or are being applied
to enhance the measures of productivity, aesthetics,
level of service, and environmental control.
These agencies and firms can then use these cpmparispns
to upgrade their systems according to the norms achieved in other
cities of similar size, geographical location, and operational
and institutional characteristics.
ARSEN J. DARNAY
A&JAtant Mnti.iruAtJLatoJL
Solid Mute. Management
Office of Solid Waste Management Programs
if
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TABLE OF CONTENTS
Chapter Page
1 INTRODUCTION 1
2 SYSTEM DESCRIPTION ABSTRACT 5
3 FINDINGS AND CONCLUSIONS 9
4 BACKGROUND OF THE SYSTEM 11
4.1: Location, Climate, Demography,
and Economic Base 11
4.2: Form of Government and Organization ... 13
4.3: Solid Waste Management System History . . 17
4.4: Agencies Impacting the Solid Waste
Management System 18
5 SOLID WASTE SYSTEM CHARACTERISTICS 23
5.1: Authorization and Regulations 23
5.2: Collection Functions 24
5.3: Efficiency of the System 38
5.4: Disposal Function 42
5.5 Labor-Management Relations 44
5.6: Equipment Description and Policy 49
5.7: Financial Aspects of the Fresno
Solid Waste Management System 52
APPENDIX A: Articles 4 and 5 of the City of
' Fresno Municipal Code 62
APPENDIX B: Chapter 3 of the County of Fresno
Code 90
APPENDIX C: Employer-Employee Relations,
Article 19, Chapter 2 of City
of Fresno Municipal Code .... .95
APPENDIX D: Driver and Safety Training for
Waste Disposal Employees .... 115
APPENDIX E: Equipment Replacement Decision
Technique Used in Fresno .... 132
APPENDIX F: Memorandum of Understanding Between
The City of Fresno and American
Federation of State, County, and
Municipal Employees 147
iii
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Figure
1
2
3
4
5
6
7
8
9
10
11
1
2
3
4
5
6
7
8
9
LIST OF ILLUSTRATIONS
Title
Data Sources and Information Types *..;:..
Demographic Data for Fresno City and County. -. .
Fresno City Government Structure -. . .
Solid Waste Disposal - Department of Public
Works Organization Chart ; . .
Customer Relations Notice for Skipped Service. .
Annual Skipped Service Data ; . . .
Street Cleaning Equipment
Solid Waste Loading at the Fresno Landfill . . .
Injury Data FY 1972/1973 . . . . ;
Vehicle Listing and Activity Record. . i . . . ;
Monthly and Accumulative Vehicle Cost Data . . .
LIST OF TABLES
Collection Abstract
Disposal Abstract . . '
Fresno County Employment Distribution. : ; . . .
Waste Disposal Division Personnel
Manpower/Equipment Allocation for Fresno ....
Fee Schedule for Containerized Collection. s . .
Productivity and Efficiency Data fo'r Fresno. . .
Sources of Revenue for Waste Disposal Division .
Expenditures of Waste Disposal Division
Pagt
4
12
16
25
35
35
37
43
48
50
51
7
8
14
27
28
33
39
53
55
IV
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LIST OF TABLES
(Continued)
Table Page
10 Detail of Salaries and Wages 56
11 Recap of Employee Services 57
12 Detail of Capital Outlay 59
13 Total Expenditures of Waste Disposal Division. . 60
14 Cash Position Summary 61
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1
INTRODUCTION
The solid waste management system of Fresno, California
is a public sector operation providing collection and disposal
services to all residential dwellings in the city. A small
number of commercial stops also receive city service and, like
the residential units, are billed directly for this service.
The Department of Public Works is responsible for these activi-
ties, as well as street cleaning and other sanitation functions.
Fresno has experienced slow and steady growth since its
founding and incorporation in the late nineteenth century. The
city is the center for a large agricultural area and is the hub
for transportation in the central San Joaquin valley of Califor-
nia. The growth of the city, closely follows the development of
these two nu*jor industrial sectors. The city is now expanding
northward towards the San Joaquin River. The solid waste
management system has been able to evolve gradually and con-
tinuously with the growth and needs of the city.
The collection system has experienced the normal transition
from open-bodied trucks, used until 1960, to a fleet composed
entirely of rear-loading packers. Currently the Waste Disposal
Division is experimenting with side-loading compactors. Also,
a computerized districting and routing system is being introduced
by consultants to improve collection efficiency and equalize work-
loads. This is considered especially important because the city
has only one landfill, located outside the city limits.
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The disposal system in Fresno has remained virtually
unchanged for the past 35 years. One 135-acre site has been
used for a landfill. The site is bounded by a major road on
one side and orchards on the other, and has never created any
problems. It presents a pleasing appearance, as the city has
begun landscaping the completed sections. However, the land-
fill capacity will be exhausted within two to three years and
the city has not yet decided on a replacement.
The management of the solid waste system in Fresno is
competent and appears to be aware of the needs of their system.
New equipment and techniques are continuously introduced to
maintain the quality and level of service without significantly
increasing costs. The ability of Fresno to operate its solid
waste management system as a self-sustaining utility reflects
the professionalism of the city administration. Effective
labor-management relations with the waste disposal and sanitation
workers are one more indication of system success.
The case study of Fresno, California was performed using a
carefully structured data-gathering technique. Initial contacts
were made by both Office of Solid Waste Management Progiams and
Applied Management Sciences' personnel and interviews were
scheduled to be convenient for the city personnel. During these
interviews, notes were taken and tape recordings were made after
obtaining the permission of the interviewees. Extensive efforts
were taken to require a minimum of city personnel time and, when-
ever possible, existing documentation was solicited to support the
general discussions. Figure 1 presents the titles of the people
interviewed in Fresno, the dates of these interviews, and the
types of the information obtained.
The structure of this report consists of five chapters,
including the introduction, and appropriate appendices. Chapter 2
is a systems description abstract which synopsizes the charac-
teristics of the city and the collection and disposal systems.
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Chapter 3 presents the findings of the case study effort and
identifies potential problem areas. Chapter 4 is a description
of the city in terms of those parameters which can affect solid
waste management operations. Finally, Chapter 5 reports the
characteristics of the solid waste system in considerable detail.
All aspects of the system are discussed and appropriate tabular
data are presented.
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Acting Superintendent, Waste Disposal
Division, Department of Public Works
Manager, Economic Development and
Research Department, Fresno Chamber
of Commerce
Director of Planning, Fresno County,
Council of Governments
Assistant City Controller, Finance
Department
Superintendent, Fleet Management
Division
Superintendent, Sewer Maintenance
Division
Supervisor, Street Cleaning and
Drainage, Sanitation Division
Junior Administrative Assistant to
Safety Officer, Department of
Personnel and Labor Relations
Personnel Analyst, Department of
Personnel and Labor Relations
Senior Planner, Planning Department,
The County of Fresno
Assistant Director, Department of
Public Works, The County of Fresno
13 August
13 August
13 August
13 August
14 August
14 August
14 August
15 August
15 August
15 August
15 August
Collection, disposal system details
Background on Fresno
Regional planning in Fresno County
Budget information on Waste Disposal
Division
Maintenance,servicing, and replace-
ment of city vehicles
Street-cleaning management
Street-cleaning operation
Training, educational, and safety
programs for city personnel
Labor-management relations
County-wide planning
County-city interface to meet
requirements of California Senate
Bill 5.
FIGURE 1: DATA SOURCES AND INFORMATION TYPES
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SYSTEM DESCRIPTION ABSTRACT
City:
Contacts:
Fresno, California
Merel E. Rowe
James I. Tucker
David D. Knight
Marvin L. Johnston
Dudley Smith
Peter P. Walla
Thomas P. Cain
Dan Turner
James K. Katen
Kerry L. McCants
Walter N. Clark
Acting Superintendent,
Waste Disposal Division,
Department of Public Works
Manager, Economic Development
and Research Department,
Fresno Chamber ofCommerce
Director of Planning, Council
of Fresno County Governments
Assistant City Controller,
Finance Department
Superintendent, Fleet Manage-
ment Division
Superintendent, Sewer Maintenance
Department
Supervisor, Street Cleaning and
Drainage, Sanitation Department
Junior Administrative Assistant
to Safety Officer, Department
of Personnel and Labor Relations
Personnel Analyst, Department
of Personnel and Labor Relations
Senior Planner, Planning Depart-
ment, The County of Fresno
Assistant Director, Department
of Public Works, The County of
Fresno
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Dates of Visit: August 13 - August 15, 1973
Population Demography:
Category
Total (1970)
Male
Female
White
Other Races:
Negro
Indian
Japanese
Chinese
Filipino
All Other
City of
Fresno
. 165,972
79,159
86,813
143,872
22,100
15,875
622
1,543
1,328
390
2,342
SMSA
(County of)
Fresno
413,053
201,768
211,285
372,595
40,458
20,370
2,144
6,209
2,331
1,022
8,382
1972 estimated population for City of
Fresno is 173,800
Area: 44.66 square miles
Density: 3891.63 residents per square mile
Collection: Table 1
Miscellaneous:
System offers high level of service based on
user charges (twice per week mandatory collection
except during winter months). Charges escalate
based on number of containers. System also
collects commercial and large apartment build-
ing stops from twice to seven times per week.
Refuse generation rate is higher than generally
encountered. System efficiency is nominal,
given the average temperature level and the
carry-out service.
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TABLE 1
COLLECTION ABSTRACT
^^^.^^ Collection
^^ Function
Collection"^ ^^
Variables ^^"^.^
Number of Crews
Crew Size
Frequency of Service
Point of Collection
Method of Collection
Stops
Service Limitations
Incentive System
Fund Source
Tonnage (Annual)
Wage Scales (Monthly)
Unions
Annual Cost
Mixed Refuse
and
Yard Rubbish
36
3 or 2
2/week
On premises -"tub-
out" service
Rear loaders/
Side loaders
58,230/week
30 gallon cans
Commercial
and
Industrial
6
2
2 - 7 /week
Bins on premises
Front-loaders
1620/week
One to six-cubic
yard bins
Special
Hauls
3
2
Variable
Curb- side
Variable
27,860/year
-
Task System
Service Charge
120,587
Street
Cleaning
4
1
-
Streets
Street
Sweepers
740-83 street mi.
220-34 alley mi.
-
-
General Fund
NA
Drivers: $667-810 Heavy Equipment Operator: $790-1170
Collectors: $584-717 Super vi so r / Fo reme n : $929 - 1186
American Federation of State, County, and Municipal Employees
$3,212,781
NA
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Disposal: Table 2
Miscellaneous:
Because of the age of the landfill, the disposal
costs are relatively low. Site is well-main-
tained with adequate cover material available.
Trench system is utilized with trenches extend-
ing 20 feet below surface level and fill con-
tinuing to 20 feet above surface. Site accepts
only city-collected refuse at rate of 450
tons per day. City will have to acquire new
site and/or enter into regional disposal system,
as required by state law.
TABLE 2
DISPOSAL ABSTRACT
Type/Location:
Total Area:
Real Loading:
Total Lifetime:
Remaining
Lifetime:
Sanitary Landfill/Southwest
portion of city
135 acres
450 tons/day
38 years
3 years
(260 days)
8
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FINDINGS AND CONCLUSIONS
The Fresno solid waste management system offers a high
level of service at a reasonable cost. The system operates
as a self-sustaining utility within the city government
structure and offers varying levels of service to its customers.
This relfects the sophistication and capability of the managers
of this system.
Fresno has been fortunate as it has not experienced many
of the major handicaps that affect other cities' solid waste
management systems. This is due to a number of conditions.
First, the system has evolved at a rate proportionate to the
growth and needs of the city. When Fresno reached a population
of almost 60,000 in 1937, the city purchased the collection
system from private contractors and expanded the services offered.
City management was sufficiently farsighted to acquire an
extremely large site for landfilling its refuse. When the
population growth rate began to increase rapidly and the
citizens became more environmentally aware, the city acquired
new equipment (enclosed compactor trucks) and increased frequency
of service. The city is now experimenting with more efficient
collection equipment and sophisticated districting and routing
models. Although the 35-year old sanitary landfill has two to
three years of life left, the city is already considering other
alternatives, including a regional landfill operated jointly
with the county. The city is also aware of the importance of
9
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labor management relations and has signed an agreement with the
American Federation of State, County, and Municipal Employees
which represents the Waste Disposal Division workers.
The efficiency of the collection system is now somewhat
hampered because there is only one landfill, located outside
the city limits (but within an incorporated area in the County)
in the extreme southwest corner of the city. Thus, there is
route imbalance in the collection system. This is being
rectified by the introduction of a computerized routing system
to develop routes which more effectively utilize available
manpower. A high absenteeism rate among collection workers
also contributes to lower efficiencies as a large number of
standby temporary workers must be maintained.
The current landfill site has enabled Fresno to avoid a
common problem faced by large cities - that of Ibcating a
suitable disposal site. No public opposition has been ex-
perienced in the operation of the Fresno disposal site, which
is very well run. Availability of sufficient cover material
and a low ground water table aid in avoidance of common land-
fill nuisance problems.
The effects of implementing new districts and routes and
the eventual, near-term introduction of new landfill sites have
yet to be identified. For these reasons, Fresno is a city which
merits consideration for a second case study within the next two
years.
10
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BACKGROUND OF THE SYSTEM
Fresno is located in the heart of the San Joaquin Valley
of central California, about midway between San Francisco and
Los Angeles. The first Fresno City was established in the early
1850's on the banks of the Fresno Slough. For a time, it was
the head of water navigation between San Francisco and the upper
valley points, and it was the western terminus of the telegraph
line between East and West. Fresno county was incorporated in
1856 and included most of the Mariposa territory. In 1874 the
county seat was established in Fresno, and on October 17, 1885,
the City of Fresno was incorporated.
Fresno initially grew as an agricultural trading center.
Most industries have been either directly involved in agriculture
or allied by servicing agriculture in some capacity. Although
agriculture has been the prime factor in the growth of the
Fresno economy, the trend is slowly changing and new industries
are being attracted to the area.
4.1: Location, Climate, Demography, and Economic Base
Fresno is located 222 miles north of Los Angeles and 183
miles south of San Francisco in the central San Joaquin Valley.
The city is situated at 331 feet above sea level and covers
44.66 square miles. It is the seat of government for Fresno
11
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County, a county which covers approximately 6,000 square miles
and includes or borders on three National Parks (King's Canyon,
Sequoia, and Yosemite'-).
Fresno lies in a hot and arid area which can affect outdoor
work activities. The city experiences extremes of temperature
as temperatures over 100 F in summer and below freezing in
winter are not uncommon. Rainfall and relative humidity are
low; the percentage of sunshine is very high.
The population of Fresno has grown from 12,470 in 1900 to
an estimated 173,800 in 1972. During the same interval, the
county has grown from 37,800 in 1900 to 429,500 in 1972. The.
ratio of county to city population has always averaged in the
range of two to three. Detailed demographic statistics for
the city and the county are presented in Figure 2.
Year
1980
1975
1972
1971
1970
I960
1955
1950
1940
1930
1920
1910
1900
POPULATION
Fresno .Fresno
City Metro. Area
195,000**
173.000* 291,000***
169,900*
165,972
133,929
107,907
51 1.669
60.682
*2,:>13
45.086
2^,8-J2
12.470
Fresno
County
520,000**
470,000ft*
*i29,i,00*
42 1,500 *
413.053
365.945
304,700
276,515
178,565
144,379
128,779
75,657
37,800
* California State Department of Finance Estimates
** Projected
*** Fresno County Planning Department Estimate
FIGURE 2: DEMOGRAPHIC DATA FOR FRESNO CITY AND COUNTY
12
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The total number of employed people in the county is esti-
mated tit 184,300, with agriculture listed as the major employment
category. A breakdown of the Fresno labor market is presented In
Table 3. Fresno County is the nation's number one farm county,
averaging more than a million dollars per day in the production
of more than 200 commercial crops. About 25 different crops
can be expected to produce more than a million dollars in annual
sales.
The effective annual buying income is $8,052 per household
in the city and $7,700 per household in the county. More than
one-third of the households in both city and county have incomes
over $10,000 per year. Retail sales averaged over half a billion
dollars in the city and close to one billion dollars for the
entire county in 1971.
4.2: Form of Government and Organization
In 1957, the voters of Fresno adopted a new city charter,
changing from a commission form to the present council-manager
form of government. The first election under the new charter
was in April,1958. Under the present system, a mayor is
elected every four years. His salary is $6,000 plus expenses.
He is the presiding officer of the City Council and has the
power to appoint member of Boards and Commissions.
The City Council consists of six members, elected for terms
of four years on-a staggered basis. The Council is the policy-
making body in the city and is vested with all powers of legis-
lation in municipal affairs. The Mayor has no veto power
over Council decisions. City Council members are paid $3,600
per year plus expenses.
13
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TABLE 3
FRESNO COUNTY EMPLOYMENT DISTRIBUTION
Agriculture 36,800 Other nonagricultural
Construction ..... 6,400 Employment 18,200*
Finance, Insurance, Services 24,100
& Real Estate .... 5,800 Retail Trade 24,900
Government 32,000 Wholesale Trade 9,000
Manufacturing 18,300 Transportation and
Mineral Extraction. . . 600 Utilities 8,200
Self-employed, domestics and upaid family workers used to be
included in each industry, but are now in a category by themselves.
SOURCE: State of California Department of Human Resources
Development
14
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Other elected government offices in Fresno consist of
Board of Education members and Judges. The Board of Education
consists of five members, who are elected for four year terms
on a staggered basis. Eight Superior Court judges and six
Municipal Court judges are elected for six year terms.
The City Council appoints the Chief Administrative Officer,
City Clerk, City Attorney, and Chief Administrative Officer
Pro Tempore. The Chief Administrative Officer receives an
annual salary ranging from $25,404 to $30,888. He is the head
of the administrative branch of city government and is responsible
to the Council. His responsibilities include enforcement of
laws and ordinances, preparation of the budget, appointment of
all department heads, and city employees other than those mentioned
in the charter.
The Chief Administrative Officer specifically appoints the
Directors of the Departments of Finance, Personnel, Parks and
Recreation, Planning and Inspection, Public Works, Transportation,
and Model Cities, in addition to an Assistant Chief Administrative
Officer. The Director of the Public Works Department is respon-
sible for municipal engineering, streets and sanitation, street
lighting, water works, waste collection, and maintenance of
city properties. He receives a salary in the range of $23,616
to $28,692.
An organization chart, Figure 3, shows the structure of the
Fresno City government.
15
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CITY ADMINISTRATION
ELECTORATE
CITY
COUNCIL
CHIEF
ADMINISTRATIVE
OFFICER
ADVISORY
BOARDS AND
COMMISSIONS
ASSISTANT
CHIEF
ADMIN. OFFICER
O.fy
Police
Chief
Fire
Chief
Director
of
Parks &
Recreation
Personnel
Director
Controller
k Director
of Finance
I
Deputy
C. A. O.
Planning &
Inspection
Director
of
Public We
Motor
Coach
Operations
Sup't.
City
Attorney
FIGURE 3{ FRESNO CITY GOVERNMENT STRUCTURE
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4.3: Solid Waste Management System History
Solid waste management services in Fresno have evolved
gradually with the growth and needs of the population. Prior
to 1937, all solid waste activities were performed by private
contractors who collected only putrescibles (garbage) from
households requesting service. In 1937, the city purchased
the system and offered separate garbage and yard rubbish
collections, using open-bodied trucks for both services.
In 1960, the citizens pressured for more frequent service.
The city then switched to 20 cubic yard trucks with three-
man crews and offered garbage collection on either a once or
twice per week basis, as requested, and rubbish pick-up on a
once per week basis.
At this time the city was using two disposal sites. One
was the 135 acre site that had been in operation since 1937
and is still in use today. The other was a ten acre site
which accepted only trash. The trash was burned at this second
site and the ashes were dumped along with whatever did not burn.
However, in 1960 the county forced the city to close this burning
dump. The city covered and landscaped the site, which is now an
extremely attractive park.
In 1970, an ordinance was passed by City Council making
twice per week collection mandatory (except by special request,
during the winter months when once a week collection may be
received). The city residents receive tub-out service for one
can. Any yard waste must be properly bundled and placed at
curb-side for simultaneous collection.
More recent developments in the solid waste management
system include experimentation with side-loading compacting
trucks which work effectively with two-man crews instead of
the three-man crews assigned to rear-loaders. In 1972, the city
17
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purchased five such trucks and estimates that six side-loader
routes using twelve men can collect the same amount of waste
as can five rear-loader routes using fifteen men. The 1973-74
budget for the Waste Disposal Division includes a request for
eleven more trucks of this type.
Also in July of 1972, a Memorandum of Understanding was
signed with the American Federation of State, County, and
Municipal Employees, AFL-CIO, the union representing Waste
Disposal Division workers. The agreement with the union lasts
for two years and includes benefits such as a health and
welfare trust fund, a cost of living increase based on the
Bureau of Labor Statistics data for the Los Angeles area,
grievance procedures, dues check-off privileges, and set
holiday and vacation periods. Labor-management relations
appear stable and satisfactory.
Finally, the city has employed Boeing Environmental Services
to implement their "RAGS" computerized routing system for improving
collection efficiency. Boeing has been collecting data for this
purpose and is now processing it for implementation in Fresno.
4.4: Agencies Impacting the Solid Waste Management System
There are a number of agencies on the state, county, and
local levels which have affected the operations of the Waste
Disposal Division in the City of Fresno. However, the system
appears to be run in a satisfactory manner and provides an
acceptable level of service; the effect of outside agencies
on the division's activities has been minimal.
4.4.1: State Level Agencies
The California State Environmental Quality Act of 1970
set up a process whereby state agencies were created and dele-
gated the responsibility for various facets of environmental
protection. Subsequently, State Senate Bill 5, passed in 1972,
18
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created a State Solid Waste Management Board within the Resources
Agency. The Board is required to prepare by January 1, 1975
the state policy for solid waste management and the State Solid
Waste Resource Recovery Program.
Within this board, a State Solid Waste Management and
Resource Recovery Advisory Council has been established. This
council interacts with local government in the state, as
the primary responsibility for adequate solid waste management
and planning is to rest with local government. Under state
law, each county must now prepare a comprehensive regional
solid waste plan for all waste disposal with the county and
for all waste originating therein which is to be disposed
outside the county. Such responsibility can be transferred to
a regional planning agency, although this has not yet occurred
in the Fresno area. The plan must be submitted by January 1,
1976. It requires approval by a majority of the population
represented by their cities within the county.
While this program has not yet affected the solid waste
system in Fresno, the city is aware of the fact that its land-
fill will be exhausted within three years and that regional
disposal facilities may have to be developed.
The State of California has previously undertaken a study
of solid waste management in the Fresno area. Under a
Public Health Service Demonstration Grant, D.H.E.W., the
California Department of Public Health chose central Fresno
County as the site for a comprehensive study of the major
solid waste problems encountered in a rural-urban interface.
The Public Health Department's Bureau of Vector Control,
along with two consulting firms, performed the study with the
cooperation of the Fresno County Health Department. The
Fresno study showed that the "systems" concept provided a new
perspective in analyzing solid waste problems. Also developed
was a system of documentation and a method of measurement for
19
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assessing the effectiveness of such systems. One of the study
recommendations was that automated vacuum collection systems and
compost plants be introduced for handling wastes. Oh-site
storage and improper sanitary landfills were felt to be the
major solid waste problems for the area. However, for the
most part, this study has not been utilized in Fresno area
planning.
4.4.2: County Level Agencies - Departments of Public Works,
Public Health. Planning
Fresno County is responsible for developing a county-wide
solid waste management plan by January 1, 1976 to meet the require-
ments of the California State Senate Bill 5. The county has
put up $40,000 (matching a contribution from the city) for the
formulation of the Comprehensive Solid Waste Managment Plan.
The county would like to obtain more cooperation from the city
because of the discontinuous boundaries of the incorporated
area of the City of Fresno. The city has small "islands" of
incorporated area in the county which are not attached to the
main city. Similarly, there are many unincorporated islands
within the main city. Collection routing could be considerably
improved if closer cooperation between the two governments was
achieved. The county also favors joint use of landfill facilities.
To this date, the county has not had a major impact on the
city, except in 1960 when it closed the city's open burning
dump. However, the county does not regulate disposal sites
and is performing solid waste studies of different sections
within its jurisdiction. These are joint efforts of the
County Departments of Public Works, Public Health, and Planning,
and are coordinated with the "General Plans" for Fresno County
developed by the Planning Department.
Fresno County Council of Governments (COG)
The regional COG represents sixteen local governments,
comprising fifteen cities in Fresno County and the county itself.
20
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The present organization is approximately three years old and
is a merger between an older COG and the previous Fresno-Clovis
Metropolitan Area Technical Coordination Committee. The stated
organizational goals for the COG are to:
Comprehensively plan for multi-governmental problems;
Develop regional plans and policies;
Encourage intergovernmental agreements and coordination;
Provide a forum for intergovernmental discussion.
The major area of effort has been in the field of trans-
portation. Area-wide plans also have been developed in functional
areas of water and sewer, housing, transportation, open space,
and land use. Currently underway are studies in the environment,
conservation, and seismic activity fields. However, the COG
has yet not been involved in any solid waste studies, although
it is anticipated that this agency will play some role in the
planning of a county-wide system.
4.4.3: Local Level Agencies - American Federation of State,
County, and Municipal Employees (AFSCME)
Labor-management relations always have been good between
the city and the solid waste workers. The union came to Fresno
in the early 1970's and has persuaded the city to sign a
"Memorandum of Understanding" in which a number of benefits
for Waste Disposal Division Workers are established. This
memorandum is presented in Appendix F.
This agreement is valid until July, 1974, when a new
agreement must be negotiated between the city and the union.
The only problem arising since the present agreement began
was a vote on November 17, 1972 to strike by members of the
Non-Supervisory Blue Collar AFSCME unit (including Waste
Disposal Division workers). The city management averted this
strike. The Chief Administrative Officer then requested the
21
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City Countil to suspend payroll deduction privileges for these
workortt for one year, but was denied this roquont.
22
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SOLID WASTE SYSTEM CHARACTERISTICS
5.1: Authorization and Regulations
Article 4, "Garbage, Rubbish, and Refuse," of the Municipal
Code City of Fresno (see Appendix A), establishes the authority
and the regulations for the storage, collection, transportation,
and disposal of solid waste in the City of Fresno. This section
of the Fresno Code covers the following basic concepts:
Definitions of the Director of Public Works, mixed
waste, and residential rubbish
Condition of, type, and limitations on size of waste
storage containers
Requirement for, and limitations to, residential and
commercial waste generators for removal of wastes
from their premises
Charges to residential and commercial customers for
waste collection by the city
Conditions under which salvage may be practiced
Application for private garbage collection permits
Restrictions on solid waste collection and disposal.
Also affecting the solid waste system in Fresno is Article 5,
"Environmental Quality Ordinance," of the Municipal Code. The
purpose of this article is to set forth the principles, objectives,
criteria, and rules to be used for implementation of the California
State Environmental Quality Act of 1970. This Act requires the
23
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orderly evaluation of projects through preparation of environ-
mental impact reports to preserve and conserve the environment.
The points covered by this article of the Fresno Code include:
e Definitions of the California Environmental Quality
Act of 1970, the Fresno Planning Commission and its
Director, Environmental Impact Report, etc.
e Information required for the performance of an initial
environmental assessment
The review process for the environmental assessment
The procedure for appeal of the findings of the
environmental assessment
The procedure for preparation of the Environmental
Impact Report
The procedure for processing of the Environmental
Impact Report
The process of appealing the decision of an Environ-
mental Impact Report
Requests for exemption classification from the
California Environmental Quality Act
The fees required for processing reports, applications,
etc.
This section of the Fresno Code is also reproduced in full in
Appendix A.
The County of Fresno also regulates solid waste collection
and disposal. Chapter 3, "Garbage and Rubbish Disposal," of the
County Code is presented in Appendix B.
5.2: Collection Functions
The City of Fresno provides mixed refuse collection service
to all residences in the city. In addition, a few commercial
and industrial customers also receive service. Bulky items are
picked up on request, at an additional service charge. The Waste
Disposal Division of the Department of Public Works is respon-
sible for these activities. An organization chart for the Division
is presented in Figure 4.
24
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to
Ul
Super intendent
Supervisor ++
Supervisor**
Clerical
Sr. Typist Clerk (1)
Typist Clerks
(2)
Foreman
Sanitary
Landfill
L.E.L.*(1)
Heavy Equip.
Operators(3)
Crew Relief
Supr.***
9 Drivers
17 Waste
Collectors
Type of
Route
Resi-
dential
Comm ' 1 .
M/Th
9
T/Fr
9
W/S
9
* Landfill Equipment Leadman
** One Supervisor Serves Both Functions
*** Replaces One of Foremen When They Are Off
Foreman
Foreman
9 Drivers
17 Waste
Collectors
14 Drivers
20 Waste
Collectors
i(Number of Routes) i
M/Th
9
T/Fr
9
W/S
9
M/Th
7
7
T/Fr
7
7
W/S
7
7
Foreman
13 Drivers
20 Waste
Collectors
M/Tb
10
2
T/Fr
10
3
W/S
8
4
FIGURE 4: SOLID WASTE DISPOSAL - DEPARTMENT OF PUBLIC WORKS
ORGANIZATION CHART
-------
The Waste Disposal Division retains a staff of 153 men. The
composition of this staff and the salary ranges is listed in
Table 4. Presently, an Acting Superintendent is in the Superin-
tendent's position as the former occupant recently retired. The
City of Fresno is advertising for a permanent professional to
man this position.
In the Superintendent's office are four clerks: one senior
typist clerk, one accounting clerk, and two typist clerks. A
supervisor is directly responsible for the collection and disposal
activities. Reporting to the supervisor are four collection fore-
men and the lead man of the four heavy equipment operators at the
sanitary landfill. Each collection foreman has from 9 to 14
truck drivers and from 17 to 20 waste collectors reporting to him.
In addition, temporary help in the form of truck washers and waste
collectors is usually available on an hourly rate basis. The
part-time waste collectors are especially important because of
the high absenteeism rate Fresno experiences among its waste
collectors.
The manpower and equipment allocation for solid waste manage-
ment activities is presented in Table 5. Although street cleaning
activities are not performed by the Waste Disposal Division, data
are presented for the men and equipment assigned to this activity.
5.2.1: Residential Collection
For the purposes of residential collection, the city is
divided into three sections: north, central, and south. The
northern section receives collection on Mondays and Thursdays,
the central section on Tuesdays and Fridays, and the southern
section on Wednesdays and Saturdays. Each of the three sections
is subdivided into four areas, one for each foreman. Although
most single-family detached homes (estimated at approximately
45,000) receive twice-a-week service, such residences have
26
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TABLE 4: WASTE DISPOSAL DIVISION PERSONNEL
Title
Superintendent
Senior Typist Clerk
Accounting Clerk
Typist Clerk
Supervisor
Foreman
Heavy Equipment Operator
Heavy Equipment Operator
(Leadman)
Truck Driver
Waste Collector
Temporary Help:
Truck Washers
Waste Collectors
No.
1
1
1
2
1
4
1
2
1
46
94
4
32
Salary (Monthly)
$1339-1627
512- 622
2.88/hour
464- 564
975-1186
929-1129
1133
1170
1178
667- 810
589- 717
$2.20/hr
$3.40/hr
27
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TABLE 5: MANPOWER/EQUIPMENT ALLOCATION FOR FRESNO
^*~^'*-^ii_F'unct ion
Personnel "^-^^^
2/
Management '
Clerical -f
Supervisor/Foreman -'
Drivers -/
Laborer/Collector -'
7/
Equipment Operator -'
Eq^lSnT^-^i!
^*B*<^-i
01
Rear-Loaders -'
Side Loaders '
Front Loaders'
Sedan/Pick-up^/
Bulldozer
Scraper
Grader
Lube Truck
Water Truck
Compactor
Street Sweepers
Totals
Mixed Hofuso
and
Yard Rubbish
t
5
37
84
126
33
5
5
43 .
Commercial
and
Industrial
6
6
12
2
4
6
"Bpocial^
Hauls"
3
3
6
3
3
Street
Cleaning
1/4
1/2
1
8
12
21-3/4
1
8
0
Disposal
1
4
5
2
2
1
1
1
1
8
Adminis-
trative
1
4
5
1
1
Toluls
1-1/4
4-1/2
6
46
102
16
175-3/4
38
5
5
6
2
2
1
1
1
1
8
70
28
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TABLE 5: CONTINUED
NOTES:
I/ "Special hauls" consists of pick-up of bulky items and other
large volume materials on special request - the same trucks
are used.
2/ Consists of an Acting Superintendent for Waste Disposal and
a Superintendent for Sewer Maintenance (whic!~ includes street
cleaning).
3/ Consists of ono Senior Typist Clerk, one Accounting Clerk, and
two Typist Clerks.
4/ Consists of one collection supervisor, and four collection
foremen.
j>/ Consists of drivers for 36 routes for mixed refuse and yard
rubbish collection, 6 routes for commercial and industrial
collection, and 3 routes for "special hauls." The city cur-
rently has one surplus driver (allotted to the "mixed refuse"
column) and three more are being recruited in order to safe-
guard against absenteeism and other factors.
6/ Consists of 67 collectors for mixed refuse and yard rubbish
collection (2 laborers/truck for 31 rear-loader trucks and
1 laborer/truck for 5 side-loader trucks); 6 collectors for
commercial and industrial collection (1 laborer/truck); and
3 collectors for "special hauls" (1 laborer/truck). The city
currently has 8 surplus collectors (allotted to the "mixed
refuse" column) and one more is being recruited to safeguard
against absenteeism, etc. The city also has 32 "temporary"
waste collectors (not shown on this chart) who show up each
morning and are employed if sufficient "permanent" employees
do not turn up. There are also 4 "temporary" truck-washers
who are employed as needed. One laborer is assigned to the
sanitary landfill for maintenance of landscaping.
T_l Waste Disposal Division heavy equipment operators are located
at the landfill. One of them has been designated as the
"lead man." Street cleaning heavy equipment operators consist
of 10 sweeper operators, one equipment operator at the land-
fill, and one machine mechanic.
8f Consists of 31 trucks needed for mixed refuse and yard rubbish
collection; 2 trucks needed for commercial and industrial col-
lection; and 3 trucks needed for "special hauls." The city
has two surplus rear-loaders as back-up equipment (these are
allotted to the "mixed refuse" column).
29
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TABLE 5: CONTINUED
NOTES: (Contd.)
9/ The; city is now in the- process of acquiring 11 more side-
loudors to replace some rear-loaders on residential collection,
10/ Used principally on commercial-industi* Lai pick-ups, the front-
loaders may occasionally be xiswd for "sp&cij.! hauls."
ll/ One yedan allot"od to the Acting Superintendent, and 5 pick-
ups to the 4 collection foremen and one collection supervisor.
30
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the option of one-a-week collection for a six-month period (from
October to May) at a reduced service fee. The number of house-
holds taking advantage of this option has been constantly decreas-
ing: only 60 to 65 residents chose the reduced service last year.
Residents in single-family detached homes are required to
place their refuse in plastic or metal cans of either 20- or 30-
gallon capacity for pick-up. The first 30-gallon container is
collected for a charge of $3.95 per month. Additional containers
are picked up at a charge of $3.05 per month. The reduced
once-a-week collection costs $3.70 per month for the first
container.
Detached homes are serviced by 20-cubic-yard rear-loaders
and 29-cubic-yard side-loaders. The rear-loaders utilize three-
man crews and the side-loaders have two-man crews. In either
case, the driver collects any yard waste at the curb, and the
collectors tub out the mixed refuse from the storage point. In
this manner, an average of 420 houses per day may be serviced
by each truck. To service this many homes, a truck will travel
three to four miles within its own route area, and make two trips
a day to the landfill. The average one-way distance to the land--
fill is six miles (approximately 25 minutes), so that the truck
will travel 25 to 30 miles per day. A truck collects from four
to five tons per load, or eight to ten tons per day.
Crews start work at 6 A.M., are allowed one-half hour for
lunch, and may go home as soon as their tasks are completed. This
task incentive system encourages crews to finish their routes as
rapidly as possible. The large carry distance (average of 50 to
75 feet from the house to the truck) has reduced the efficiency
of the system, as it is practical to collect only one side of the
street at a time, and it takes approximately one and one-half to
two minutes for a man to collect a stop. The terrain in the
city is fairly flat arid poses no problem to the collectors.
31
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The city has not experimented with plastic or paper bags
and will not pick up mixed refuse placed in such containers alone.
Approximately 20 percent of detached home residential customers
voluntarily set their containers out at curbside. About 40 per-
cent of all residential stops in the city are serviced by means
of an alley, and containers must be placed on the alley line.
5.2.2: Commercial and Apartment Collection
Multiple-family units are required to use hoist-type con-
tainers furnished by the city. A list of charges for such con-
tainers is presented in Table 6. The city is responsible for
furnishing, repairing, and replacing these containers at no addi-
tional charge. The containers vary in size from one to six cubic
yards, and the frequenty of service ranges from two to seven times
per week. It is estimated that there are approximately 5,000
stops made to service multiple-family dwellings of two to four
units each. In addition, there are some stops for apartment
complexes of up to 100 units. The total number of households in
the city is estimated at 58,230.
Some commercial waste sources also contract for city service.
There are 480 such customers; they are serviced by nine routes.
Three routes service 240 customers six days per week. Another
three routes serve 90 customers on special request for the
removal of bulky items and other similar materials. These
customers receive from one to six collections per week. The
remaining three commercial routes service 100 customers (including
some of the larger residential complexes). These three routes
utilize one, two, and six cubic yard containers and are serviced
by two front-end loaders and one rear-loader.
32
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TABLE 6: FEE SCHEDULE FOR CONTAINERIZED COLLECTION
_ .. . Number of Collections per week
Capacity of s
Container
Bins
1 cubic yard
additional
2 cubic yards
additional
3 cubic yards
additional
4 cubic yards
additional
5 cubic yards
additional
6 cubic yards
additional
Other
Containers
30 gallons
or less
Additional
(1) Rates for stationary compactor bins having a
capacity from one (1) cubic yard to six (6) cubic yards
(inclusive) shall be twice the rate established herein
for bins of similar capacity not used with stationary
compactors.
(2) Service for stationary compactor bins exceed-
ing six (6) cubic yards capacity and debris boxes shall
be defined as special hauls, and-the rates shall be
established by the Controller to reimburse the City for
the direct and Indirect costs of providing such service.
SPECIAL HAULS: $23.00 per hour, with a minimum charge
of $5.75-for the first quarter hour or fraction there-
of. Time charged after the first quarter hour shall be
on the basis of 5 minute intervals calculated to the
nearest 5 minutes. Excerpt from section 9-405(d).
Excerpt from Section 9-405 of the Fresno Municipal Code.
and
Amount of charge per month
2 days
$18.40
17.30
33.60
31.40
46.50
43.25
59.50
56.25
72.50
69.25
85.50
82.25
5.95
3.05
5 days
$ 46.00
43.25
84.00
78.50
116.25
108.15
148.75
140.65
181.25
173.15
213.75
205.65
6 days
$ 55.20
51.90
100.80
94.20
139.50
129.75
178.50
168.75
217.50
207.25
256.50
246.75.
11.85
9.15
7 days
S 66.75
63.55
153 »45
115.40
170.85
158.90
218.65
206.70
266.40
254.5Q
314.20
302.25
(eff. July 1, 1971)
-------
The vehicles used for container collection from multiple-
family dwellings and commercial-Industrial customers consist
of four, 20-cubic-yard front-loaders and six, 20-eubic-yard rear-
loaders. These trucks have two-men crews, one driver and one
helper.
The quality of collection service appears to be high. A
notice (Figure 5) has been distributed to city residents to ensure
satisfactory communication on service complaints. Missed service
calls are received at the Waste Disposal Division and logged in
on a "Skip Sheet." Trucks and foremen are notified of skips
either by radio or during lunch. Under its union contract, the
city has all skipped service calls received before 11 A.M. ser-
viced on the same day; all calls received after 11 A.M. are ser-
viced on the following day. Figure 6 shows the annual number
of skipped service calls received by the Waste Disposal Division
for the years 1969 to 1973. To service such calls, the foremen
try to collect as many of these stops as possible using their
pickup trucks and empty cans. The last column in Figure 6 shows
the number of stops serviced by the foreman under this arrange-
ment.
There appears to be minimal bulky item collection required
by city residents. Many of the larger discarded items are picked
up by the Salvation Army. Citizens requesting city service for
the bulky item collection are charged $24.12 per hour, with a
minimum charge of $6.03 for the first quarter hour or fraction
thereof. Time charged after the first quarter hour is based on
five-minute intervals rounded to the nearest five minutes.
More recent developments in the Fresno collection system
are a move towards more side-loaders and introduction of the
Boeing Computer Services' RAGS routing system. These two topics
are discussed in this chapter under the sections on "Equipment
Description" and "Future Planning."
-------
FRESNO CITY WASTE DISPOSAL DIVISION CUSTOMERS
ATTENTION:
. . .The Waste Disposal Division makes every effort to provide the very best service
to you on a regular basis. Even so, human and mechanical frailties sometimes prevent
our doing so.
. . .In the event we fall to collect your garbage, rubbish, or mixed waste on a reg-
ular collection day (excluding the effects of holidays), please give us the oppor-
tunity to correct our deficiency: Call
City of Fresno, Waste Disposal Division
911 East Belmont
'266-8031 - Extension 452
. . .Calls received before 11 A.M. will be serviced the same day calls after 11 A.M.
will be serviced no later than the next working day.
. . .Also feel free to call this number if you have any other problems with your waste
disposal service.
Thank you!
FIGURE 5: CUSTOMER RELATIONS NOTICE FOR SKIPPED SERVICE
Calendar
Year
1969
1970
1971
1972
1973*
Skips
2,119
3,098
2,711
2,295
1,238
So. of Stops
Serviced by
Foreman
1,190
1,954
1,836
1,592
911
""January thru July
FIGURE 6: ANNUAL SKIPPED SERVICE DATA
35
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5.2.3: Street Cleaning
The street cleaning function in Fresno is under the direction
of the Sanitation Division of the Public Works Department. The
Sewer Maintenance Superintundunt is in charge of the Sanitation
Division as well as the Sewer Maintenance Division. The Sanitation
Division has 30 employees, including a Sanitation Supervisor who
reports to the superintendent. The supervisor is responsible for
street sweeping and storm drainage operations.
The street sweeping operation has 22 employees, including
one sanitation foreman who reports to the supervisor. Reporting
to the foreman are: ten heavy equipment operators who man the
sweepers; one maintenance man responsible for the sweepers; one
equipment operator and one laborer assigned to the landfill; four
laborers who collect waste from corner litter baskets; and three
laborers who form the hand sweeping crew. The Sanitation Division
has members in the American Federation of State, County, and
Municipal Employees who receive the same benefits as the personnel
in the Waste Disposal Division.
The street sweeping operation has eight street sweepers, each
driven by a heavy equipment operator, which work in conjunction
with a support truck. The sweepers collect litter, and push it into
heaps in convenient places, where a front-loader operated by two
men can collect it.
The street cleaning equipment is maintained by the Fleet
Maintenance Division which keeps a record of vehicle hours of
operation. The equipment rental charge is based on this param-
eter as illustrated in Figure 7, which covers all sanitation
equipment.
36
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WCF
3JOO
11-69
ChB
0«pl
4'
47
47
4 I
4;
4:
41
47
47
4 'I
47
47
47
47
47
41
4:
4'
47
47
47
47
47
47
47
47
47
47
47
41
47
4)
4J
41
4J
MO DAY n
0* 25 3
VEHICLE
NUMBER
MhOQO
HMOOl
00329
00330
003O
006oR
00660
00676
00677
00724
0072ft
00737
00743
007>N
00794
0081ft
008^7
008}?
00946
00963
016C3
0183\
01832
01836
0582*
08037
11164
1116S
163*3
19929
199&J
1^962
199«1
19984
199&5
DEPARTMENT CHAROED ^l 1 X WZ T ICTOW W
EQUIPMENT RENTAL
SANlTATIflN MONTHLY INVOICE
VEHICLE
DESCRIPTION
MHES/NHN-AUTO
3 R AU UlS
WfciTCOASTEK 1970
Wf STC*lAb Tf R 1970
WtSKCIASTEH 1972
CHEV 1/2 TUN 1970
CHEV 1/2 TUN 1970
CHEV 1/2 TfcN 1970
CHfcV 1/2 TUN 1970
INTL 1/2 TON 1972
INTL i TON 1972
INT 1/2 TON f(J 1973
INT 1/2 TON HU 1973
CHEV 112 TON 1967
CMC 1/2 TOM 1968
CHEV 2 TUN 1V68
CHEV FRONT LUR 196U
INTTRNATIONAL 1972
RWU 1 TUN 1959
CHIV 2 TPN 1V60
4 WHt-fL TRAILER 1956
JACUZZI PUMP 6 I'JJb
JACUZZI PUMP 8 195U
GORMAN PUMP 4 19J>6
MOBIL ST/SXPR i«»7z
FOKO SWEEPER 1V73
FPAILFR 4 WHEEL 1956
TNAILTR 4 WHEEL 1956
CYCLIC WfeLL RK, 1961
WAYNE SWfcEPEK 1967
MOBIL SWEEPFK 1969
MOBIL SWEEPER 1969
MOHIL SWEEPER 1969
MOOR SWEEPER P69
MOBIL SWEEPFR 19b9
MILES or HOURS
OPERATED
1
1
1
1
1
1
I
12!
83!
123>!
168!
3011
8J>|
157!
1251!
142!
«67!
2192!
i
740 !
93!
1639!
196!
i
I4l!
1
1
1
1
1
1
1
1
285!
144!
i
i
i
i
141!
5|
317!
155!
ii!3|
1^$!
189!
i
i
i
i
i
i
AMOUNT
j
1
1
28313
l*i|i»0
OfliO
19916
27^ 4 9
92-04
4097*
5511'
180D2
9<|>8
7CJ&3
94 in
19^34
364
157(10
432)23
1600
72fi33
8124
39^67
222TI34
Ibl?jd3
133141
^0^39
113107
%^v^ «J3or*J*i
FIGURE 7: STREET CLEANING EQUIPMENT
37
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5.3: Efficiency of the System
The Fresno solid waste system services a population of
173,800. The level of service is high considering that twice-per-
week carry-out service is provided to single-family residential
homes. Unfortunately, an accurate listing of housing units by
type and number was not available. Neither was the exact number
of commercial and industrial units serviced. Further confusing
the statistics are the facts that: it is not clear at what point
multiple-family units could be considered as commercial stops;
commercial-industrial customers are allowed to use 30-gallon cans
if they wish instead of cubic-yard containers, and it is uncer-
tain how many customers have this policy; the frequency of service
offered to all categories of customers varies in rate and extent
(volume) so that definition of the actual number of stops made is
difficult; rear-loaders as well as front-loaders service hoist-type
containers, and some trucks mix single-family residential collec-
tion with commercial collection. As a result, estimates were
obtained from city officials on the approximate structure of the
system and other sources (e.g., "General Population Characteristics,"
U.S. Bureau of the Census) were accessed to provide background data
on which estimates could be made.
Efficiency and productivity parameters are presented in
Table 7 along with variables from which they were derived and other
city characteristics. Because of the problems described above, the
solid waste collection volume could not be disaggregated by collec-
tion function. Consequently, parameters based on collected tonnage
could not be calculated: those presented were supplied as esti-
mates by system management personnel. The collection cost per ton
is presented as a combined figure for all collection categories.
The total collection costs are broken down by collection function
in proportion to the number of personnel assigned to each task.
38
-------
TABLE 7: PRODUCTIVITY AND EFFICIENCY DATA FOR FRESNO
11 ==:
Community
Description
0
*
o e
*> 3
a o
a i
Colli'iM inn Systrm
[Description
(inc. Level ot Service)
I I
\ S
Cul 1 IT linn
Cost/litfi-
ciency FIRS.
i n
E r
\ " c
i
a
1 j°_
. s
i i, **
XX"
5S U flC
" - Collection Function
Parameter ~ " '
Population Served 17
No of Res id. or Comm. Units
S< r' r I '.111 r". )/
A I lr\ ''i IPS 57
Aroa {>-n mi . ) $J
Pop. densitj (peo/sq. nil.)
Annual Amounts Collected 7/
Lbs./umt/ttk 8/
Ibs ./prrson/day 9/
Point .of Collection H)/
Fivq. of Collection 10/
. Ts PC ot Storage Conialrer 10/
AM:. Uist. to Di-.p. Site ll/
A\ .: Miles Driven/true l Si. TO
Trucks
A\R. unges and fringe lor laborers
A\p. wages und fringe lor drivers
Sf>ps/Crew/Day
To:-s/Cri'.\/Dav
Coll Cost/unit/vr.
Coll. Cost/person/yr
Co! 1 . Cost /ton/\r
Total Coll Cost/yr. 12/
T> pe S. No. of Dlsp. Sites
Total Disp. Cost/yr 13/
Total Cost/yr. 14/
Coll. Expense as 1 of tot. Exp.
Coll. labor expense as % of tot. Coll.
Coll. equip expense as 'a of tot. Coll.
Pr"c. &. Disp. expense as % of tot. exp.
Proc. {. Disp. labor expense as % of
tot. dlsp.
Mixed Tie fuse and
Yard Rubbish
Commercial nnd
Industrial
Sppr 1 n 1
Hauls
173.800
58.230 27 1620. 37 27.860/yr 9J
740.83
220 . 3-1
44.66
3891 . 63
120.987
77.49
3.80
On premises -
"tub' out" service
1 to 2 times/w<-vk
30 gallon cans
Bins on premises
2 to 7 times /week
One to six
cubic yard bins
6 miles
25 to 30
6
113
36
3
43
12
i
2
6
Curb side
On request
NA
6
3
2
3
Street
Cleaning
NA
Streets
~
-- i
8
21 3/4
9
1
9 (8 sweepers. 1 truck]
$589-717/month
S667-810/month
420
8 to 10 ll/
45.84
15.36
NA
NA
174 94
1.63
26 64
2.669,443. 283. 48O.
Variable
Variable
> A-\
H9
141.740.
NA
Laitdflll - one
118.116.95
3,212.780
96
66
33
4
66
-------
TABLE 7: CONTINUED
NOTES:
_!/ Estimated by Fresno Chamber of Commerce.
2/ Bused on 1970 Census of Housing Statistics.
3/ Based on data from Finance Department, indicating a total of
51,620 total customers and 50,000 residential stops.
4y Based on Finance Department data.
5/ Based on 1973-1974 Budget, City of Fresno.
6_/ From Fresno Chamber of Commerce data.
T_l Based on actual records kept by Waste Disposal Division from
August 1972 to July 1973.
8/ Based on collections from mixed refuse-yard rubbish and
commercial-industrial sources.
9/ Based on a 365-day year.
10/ Based on Fresno Municipal Code.
ll/ Based on estimates by Waste Disposal Division.
12/ Collection costs allocated according to the number of per-
sonnel associated with each function (administrative staff
proportioned over the functions in the same manner).
13/ Disposal costs allocated from total costs according to
number of men attached to sanitary landfill.
14 / From 1972/73 Budget, City of Fresno.
40
-------
The collection cost per residential unit per year as calcu-
lated in this table falls just slightly below the $47.40 that
residents in single-family homes pay for twice-a-week carry-out
service (at $3.95/month). This is attributed to the fact that
the city is able to collect refuse from single-family homes at a
slightly lower cost than what it is charging the residents.
Further, disposal costs have not been included and, if so, the
total costs would be very close to the total revenues. Thus,
this system is able to be essentially self-sustaining. The close-
ness of the two figures reflects how well the Waste Disposal Divi-
sion Management are able to assess and charge for the costs of
their services.
Collection costs per ton per year are on the high side, and
this figure represents collection of all types of solid wastes.
However, the high level of service significantly contributes to
this finding. The ratio of collection costs to total costs is
very high (96%). This is due to the high collection costs as
well as the fact that the city has been able to keep disposal costs
low (about 80$ per ton) by operating the same landfill over a
period of 35 years. Furthermore, a low water table, availability
of cover material, acceptance of only city-collected wastes, and
various other factors help to make the landfill operation very
efficient and relatively low in cost.
41
-------
5.4: Disposal Function
The City of Fresno has a rather remarkable disposal history
in that for the past 35 years it has utilized just one major land-
fill. The open-burning dump that was closed in 1960 did not con-
tribute significantly to the disposal operations. The present
landfill covers 135 acres and has a remaining life of two to three
years. The daily waste loading of this landfill is 450 tons which"
comes from city collection vehicles and the street cleaning
operations.
Four men are employed at this site. They all are heavy
equipment operators, except for one man designated as a landfill
equipment leadman, who supervises operations. Eight pieces of
equipment are utilized at the site, including: one TD 20 Cater-
pillar bulldozer; one TD 15 International Harvester bulldozer;
one 9-yard International Harvester scraper; one 21-yard Caterpillar
scraper; one grader; one water truck; one lubrication truck; and
one Caterpillar compactor.
The method of operation at this site is fairly simple and has
proven successful in avoiding common landfill problems. The site
is rectangular in shape and so trenches are dug perpendicular to
the long axis of the site. The terrain is flat and trenches are
cut at a uniform depth of 20 feet. They are dug about 80 feet
wide and 1200 feet long. Collection trucks dump into the trench
at the working end, and the bulldozers initially compact the
material. Six inches of daily cover is provided, and in this
manner the trench is built up to ground level. The fill is then
continued upward for another 20 feet above ground level. Two
feet of final cover is placed over the completed "trench."
The operation is very neat with minimal blowing or odor
problems, even though the temperature was close to 100° F. when
the site was visited. A fence surrounds the property and flower-
ing shrubs have been planted on the side of the fill adjacent to
42
-------
the access road. A drainage ditch on the other side of the fill
property separates the site from orchards. The site presents a
pleasing appearance in an otherwise completely flat topography.
Also located at the site is an area laid out to serve as a truck
driver training course.
The total amount of incoming refuse into this fill has been
recorded by the city (Figure 8).
Date
June, 1972
July, 1972
August, 1972
September, 1972
October, 1972
November, 1972
December, 1972
January, 1973
February, 1973
March, 1973
April, 1973
May, 1973
June, 1973
July, 1973
Volume (tons) I/
10,705
10,702
10,706
10,103
9,457
10,076
9,070
9,450
8,704
10,275
10,678
11,201
10,408
10,459
I./ Estimated from truck volume and usage
FIGURE 8: SOLID WASTE LOADING AT THE FRESNO LANDFILL
43
-------
5.5: Labor-Management Relations
The City of Fresno has experienced the normal problems with
employees performing solid waste collection and disposal activities
but not to any significant extent. For the most part, employee
turnover is nominal and is principally found among the collection
laborers. However, above this level (from driver on up), turn-
over essentially vanishes. To partially combat the turnover
problem, there was an'across-the-board salary raise of 6.5 per-
cent in July of 1973.
More serious, however, is the relatively high absenteeism
rate that was said to be a problem among collection helpers. This
is no surprise, given the high level carry-out service and the
summer extremes in temperature and humidity. The city compensates
for this problem by hiring temporary casual labor on a daily basis.
Additionally, the pay increase is hoped to partially alleviate this
problem.
The city has a number of tenured 'employees in the Waste Dis-
posal Division. The previous superintendent retired after 26
years of service to the city, and the present Acting Superintendent,
a former supervisor in the division, has been with the city over
20 years. The other foremen have been with the city 10, 12, 15, and
27 years respectively. The clerical staff has been with the divi-
sion for periods of up to 10 years. The surprising tenure statistic
is that of the skilled labor category-truck drivers and heavy equip-
ment operators. These men have been with the city for an average
of about 15 years.
The collection laborers have an average tenure of five years,
a factor which indicates that the force has a stable core. Conse-
quently, turnover and absenteeism can be attributed to only a
nominal number of positions among the laborers.
44
-------
Employees of the division at all levels receive the same
benefits. Those Include:
Free hospitallzation
Sick leave (accumulated at one day per month)
e Paid holidays at 12 days/year
Paid vacation at 1 day/month for less than 10 years'
service; 1-1/3 days/month for 10 to 20 years of ser-
vice; 1-2/3'days/month for over 20 years of service
Retirement pension plan with equal contributions by
employer and employee, amounting to 2 percent of
annual salary/year for the first 20 years and
1 percent of annual salary/year after the first
20 years
Fully paid Workmen's Compensation
Death benefits equal to six months' salary
Disability pay equal to one-third of salary if injured
on the job (available after 10 years of service).
The Superintendent, Supervisor, and four foremen do not belong
to any union. The clerical employees'belong to the Fresno City
Employees Association, a non-supervisory white collar unit. At
least 90 percent of the truck drivers and waste collectors belong
to the local chapter of the American Federation of State, County,
and Municipal Employees. This union has signed a contract with
the city and has negotiated a pay raise for its members, which
included the increased health/welfare and disability benefits.
Among other points covered in the contract were that the city
would pay 50 percent of the cost of uniforms, and would also pro-
vide hats, safety glasses, and gloves at the rate of one pair per
month. Also, prior to the union contract, the waste collection
crews did not work on holidays instead they worked 10 hours/
day for the next two days to make up for lost collection time.
This was hard on the men and equipment. However, after the union
contract was signed, the only holidays the collection crews re-
ceive are Christmas, New Year's Day, and Thanksgiving. The
45
-------
contract also requires collection crews to return to any stops
where they have missed service within one day of the complaint
call.
The legal base for the union in Fresno is provided by the
Meyers-Milias-Brown Act of the State of California, incorporated
into the California Government Code, Sections 3500-3510. The
purpose of this Act is to promote better communications between
the public sector and its employees by providing a method of
resolving disputes regarding wages, hours, and other terms and
conditions of employement. The Act provides a basis for ensuring
the right of public employees to join organizations of their own
choice and be represented by such organizations in their employ-
ment relations with public agencies.
Pursuant to the passage of this Act, Fresno added an article
to its Municipal Code to establish an employer-employee relations
system. This is Article 19, Chapter 2, and is presented in full
in Appendix C. The employee mist fill out a form indicating
that he wishes to join the union chosen to represent his partic-
ular city unit.
The City of Fresno has printed guidelines for employees to
begin a formal grievance procedure and, conversely, for super-
visors to take corrective actions with their employees.
Grievances are handled in four steps. Before any action can
be taken, the employee must fill out the grievance form in which
he must indicate: (1) the violation of a rule or regulation
resulting in damage of some kind to the employee, (2) the act or
omission of a supervisor in interpreting or applying city or
departmental rule or policy related to the employee, and (3) the
correction sought or the relief or remedy desired. The written
application is then submitted to the employee's immediate super-
visor, the department head, a Grievance Advisory Committee, and
46
-------
finally, the City Manager, provided that the grievance has not
been settled at the first two management levels.
The Supervisor's Guide to Corrective Action provides infor-
mation as to the types of corrective action that may be taken in
the case of violation of working rules. It emphasizes that con-
sideration must be given to the special circumstances surrounding
each case while providing a standard set of actions. Among the
suggested corrective actions are:
Retraining
Written reprimand
Fine in lieu of suspension
Suspension without pay
Demotion for cause
Permanent record of poor service
Dismissal or removal.
The city has begun documenting accident and injury data. A
summary of injuries, disabilities, and occupational diseases has
been made for the Waste Disposal Division and is presented in
Figure 9. The major injuries in descending order of frequency
are: back injuries; shoulder strain; cuts and bruises on the
hands; sprained ankles; and skin irritations. Only one permanent
injury (to the back) was sustained last year.
The city has recently introduced a driver and safety training
program for waste disposal employees. The details of the program
are presented in Appendix D. The objective of this program is to
reduce on-the-job injuries and vehicle accidents within the Waste
Disposal Division. The procedure followed in this program is for
the instructor to ride with a different crew each week on their
daily routes. The instructor will evaluate the crew's defi-
ciencies with respect to safety factors. During the week, train-
ing will be conducted on a Field Test Course (at the landfill).
47
-------
WASTE DISPOSAL
REPORTABLE INJURIES
AND OCCUPATIONAL DISEASES
Fiscal Year Disabilities Injuries
1972-1973
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
JANUARY
FEBRUARY
MARCH
APRIL
MAY
JUNE
12-Month Total
1972 - 12-Month JUNE
0
0
0
0
0
1
0
1
0
0
0
p
2
9
6
7
6
9
4
6
7
5
7
7
6
11
81
87
EMPLOYEE INDUSTRIAL ACCIDENTS
MAN-HOURS LOST
JULY 168
AUGUST 288
SEPTEMBER 112
OCTOBER 363
NOVEMBER 136
DECEMBER 176
JANUARY
FEBRUARY
MARCH
APRIL
MAY
128
96
104
128
112
FIGURE 9: INJURY DATA FY 1972/1973
48
-------
Improvement will be evaluated at the end of the week by use of
individual scores and combined score for the entire crew. Since
the program has just started, evaluation is not yot possible.
5.6: Equipment Description and Policy
The-Waste Disposal Division operates 63 pieces of equipment.
These include forty rear-loaders and four front-loaders of 20 cubic-
yard capacity; five side-loaders of 29 cubic-yard capacity; five
pickup trucks (one for the supervisor, four for the collection fore-
men); one sedan for the superintendent; two bulldozers; two sweepers;
one grader; one lubrication truck; one water truck; and one com-
pactor .
The Fleet Management Division is responsible for servicing
and maintaining the Waste Disposal Division's equipment. The
superintendent of this division carefully monitors this equipment
and the costs for maintaining it. Computerized records are kept
of significant vehicle parameters.
Figure 10 is a listing of the equipment record maintained by this
Division, presenting the miles travelled by each vehicle and the
rental charge to the Waste Disposal Division. Fleet Maintenance
also keeps a complete record of their operational costs for each
vehicle. An example of the vehicle cost statement is shown in
Figure 11.
The equipment replacement policy practiced by Fresno has been
outlined by the Assistant Public Works Director in a paper entitled
"Equipment Replacement Potential," reproduced in Appendix E. This
replacement model appears to use the concept of comparing historic
"sunk" costs for old equipment with the cost of new equipment
rather than the more traditional method of comparing the next
year's costs for both old and new equipment. The Fleet Mainte-
nance Division keeps a record of individual equipment depreciation
and its anticipated replacement time for this purpose.
49
-------
83
tw,
lift
| DAT ; 11
MftSFF DISPOSAL
MONTHLY INVOICE
D.*
Ul v HOUli
r
r
r
*
r
e
PC
ao
MO
80
30
Ou
OJ
flu
80
r.o
80
eo
no
PO
an
60
BO
PU
80
r.o
80
eo
«u
80
PC
RO
BO
PO
PC
eo
811
au
NO
oc
80
80
PO
eo
80
oc
40
80
80
80
ao
ao
ao
ao
8u
80
cc
HC
8C
ao
80
80
80
CO
80
nc
90
ao
80
U i)00<>
UVCOI
OOS7'.
007 M
007//
O07M.-.
007 > I
POi»OJ'
ooa/s
008 M
OOPS*
008J7
009 .»>
"08**
0081«
OG937
009 .p
009<,,>
P09..S
009s«>
009 »
H07 il
0090,'
G09(.h
00970
0097^
0094''
00091.
0099s
00997
0/J77
O'lOO'
053 ^n
0871.1
UJ/7
111 Li >/tim.-.Ainn
1/2 TOM
Cl'EV |/2 T'lK \9(S«
C'lEV 1/7 TUN pftn
c-it'vr iMcu.'p i9a
G!iC P4C.KCR 19.S8
CMC
Gl>C
('C PAC.KLR 19.'j«
d"C I'Af.KiR IVtB
CMC
G-C
Gl't P'.fKLR
G-C fi<
G"C
G"C
C"C
G"C
G"C
G.:C
G."-C
CMC
G-'C
(.'C
19«,9
1970
70
70
PAfKFK 70
1971
T>71
1971
1V71
d"C fid
GIC p-'-rcta i'J7i
C'^TTFR
TRACTOR \1t>V
CATERPILLAR J970
CAIf RPJUAiJ 197?
J'.'T rKACTL'K.CHW 1973
T«ACT9» 1KT[KM 1963
Reproduced from
best available copy.
771
I 76 I
200;
2ne;
200;
208;
208j
/ou;
xns;
200;
200;
208;
200;
1R9;
197|
ico;
208'
i'OO!
208
IP?!
193J
172!
no;
2ou;
/OB;
208'
140!
?0f>;
203;
203;
FIGURE 10: VEHICLE LISTING AND ACTI\ITY RECORD
15031
I 59;? 3
?07j76
7607
903;70
72?'!1?
90^7
582188
U93;20
65009
70091
925-JO
761;79
717>5
73777
15*77
>97jl9
102^.21
99 7v 7
2111310
147&J5
70123
5-0
-------
DEPT WASTE DISPOSAL
CITY OF FRESNO
EQUIPMENT OPERATING STATEMENT
VEHICLE DESCRIPTION
INT TRACTOR-CRW 1973
TRACTOR INTERN 1963
TYPE OF
CHARGE
RPR PARTS
DIR LABOR
LUBRICAT
OTH FUEL
OVERHEAD
INSURANCE
DEPRECIAT
NRS USED
GAS
RPR PARTS
DIR LABOR
OUT RPR
OIL
LUBRICAT
OTH FUEL
OVERHEAD
INSURANCE
DEPRECIAT
NRS USED
2
3
6
8
10
11
12
96
1
2
3
4
5
6
8
10
11
12
96
4H»^^^«V^^«»B^
MILES OR HOURS
OPERATED
CURRENT MONTH
ACCUMULATIVE YEAR
TO DATE
AMOUNT
COST PER MILE-HOUR
MILE OR HOURS OPERATED
208.00
208.00
17.47
13.85
1.59
95.00
17.31
8.04
501.45
$ 654.71
$ .00
$34,923.82
3.1476
624.00
624.00
22,597.00
22,597.00
AMOUNT
167.18
102.93
2.63
280.25
128.57
16.08
1,002.90
1,700.10
25.26
6,623.77
4.761.39
34,321.54
913.42
436.54
6,451.44
5,953.44
642.61
23,994.30
$ 84,161.21
$2,127,547.57
FIGURE 11: MONTHLY AND ACCUMULATIVE VEHICLE COST DATA
-------
5.7: Financial Aspects of the Fresno Solid Waste Management
System
The Waste Disposal Division of the Public Works Department
is known as an "Enterprise (or self-sustaining) Division" because
its revenues meet the total costs of collecting, transporting,
and disposing of all household mixed refuse, yard waste, and
some commercial wastes generated within the city. The Waste Dis-
posal Division charges service fees for the different functions
it performs.
The capital and operating budgets for the Waste Disposal
Division are developed simultaneously by the Superintendent of
the Division with the aid of a budget analyst and the Assistant
Director of Public Works. The Director of the Department of
Public Works is responsible for final approval of the budget
package before it is sent to the Budget Office and City Manager
for review. The budget is based on (1) the projected tonnage of
solid wastes expected as developed from past city records and
(2) the population growth data.
5.7.1: Sources of Revenue
Revenue for the Waste Disposal Division is obtained from
user charges, a system which has been in effect in one form or
another since the city acquired the solid waste management system
in 1937. There are currently four distinct sources of revenue
which are summarized in Table 8, along with appropriate historical
data. The revenue from customer account charges is collected
through a working arrangement with the Water Division: the Waste
Disposal Division's accounts receivable are transferred to the
Water Division for service and collection. Billing is performed
bimonthly and in advance to flat-rate customers.
Table 8 shows a gradual increase in total revenues since the
1968/1969 Fiscal Year, except for a sharp rise in the 1971/1972
52
-------
TABLE 8: SOURCES OF REVENUE FOR WASTE DISPOSAL DIVISION
From:
Customer Accounts
1 nter-Departmen t al
Charges
Rental of Landfill
Property
Division of Highways
Premium Refund
[ Workmen ' s Compensat ior
Insurance)
Interest
Miscellaneous
Total
FY
1968/1969
2,133,611
10,888
610
6,599
9,804
75
2,161,587
FY
1969/1970
2,250,377
8,670
1,108
13 , 504
1,717
2,275,376
FY
1970/1971
2,406,924
10,736
2,414
15,341
227
2,435,643
FY
1971/1972
3,266,268
11 ,688
1,600
500
3 , 280 , 056
FY
1972/1973
3,347,200
31,000
600
1,200
3,380,000
FY
1973/19.74
3,531,353
31,847
600
1,200
3 , 565 , 000
Oi
00
-------
fiscal year, most of which can be attributed to an increase in
customer account revenues. This increase resulted from the
1970 ordinance making twice-a-week pick-up mandatory (excepting
by special request during the winter months). Simultaneously,
customer charges were raised. Since then, the increase in
revenues has been gradual.
The waste collection and disposal rates for commercial cus-
tomers were previously presented in Table 6. These rates vary
according to type and capacity of container, number of containers,
and frequency of service. Bulky items and other large volume
materials are collected by "Special Hauls" on request and charged
according to the amount of time required.
5.7.2: Expenditures
Expenditures by the Waste Disposal Division are categorized
under three main headings: employee services (consisting of
salaries and wages); materials, supplies, and related services;
and capital outlay for equipment. These are synopsized in
Table 9 for the fiscal years from 1969/1970 to the present.
Generally, the expenditure level in all categories has been grad-
ually increasing. A future exception to this pattern may be in
the category of employee services, as it is anticipated that a
reduction in personnel will take place. This is due to the intro-
duction oi the new side-loading packers which, although requiring
more trucks, permits a reduction in crew size to accomplish the
same amount of collection service. This transition is indicated
in Table 10, which shows the number of personnel employed and
their respective salary and wage appropriations for the most
recent fiscal years. A detailed breakdown of employee service
expenditure is presented in Table 11 to indicate more closely where
savings are being effected. While health and welfare benefits are
increasing, expenditures for wages and contingencies are decreasing,
54
-------
TABLE 9: EXPENDITURES OF WASTE DISPOSAL DIVISION
Classification:
Salaries and Wages
(Employee Services)
Materials, Supplies, and
Services
Equipment Outlay
Total Budget
FY I/
1969/1970
1,513,919
685,139
149,954
2,349,012
FY A/
1970/1971
1,658,547
756,167
119,606
2,534,328
FY I/
1971/1972
1,959,184
772,018
142,111
2,873,313
FY 2/
1972/1973
2,116,921
ff97 , 440
198,420
3,212,781
FY 3/
1973/1974
2,029,267
1,015,730
219,180
3,264,177
Ul
01
'Expended
2/
' Approved
3/
' CAO Recommendation
-------
TABLE 10: DETAIL OF SALARIES & WAGES
CLASSIFICATION
SALARIES
Waste Disposal Supt .
Waste Disposal Supvr.
Waste Disposal Foreman
Dragline Operator
Heavy Equipment Operator
Waste Disp. Truck Drivers
Waste Collectors
Sr. Typist Clerk
Typist Clerk
Landfill Equipment Leadman
Total
WAGES
OVERTIME
PREMIUM PAY
Total Personal Services
POSITION QUOTA
71/72 72/73 73/74
1
1
4
1
3
57
91
1
2
0
161
161
1
1
1
3
4
52
88
1
2
0
153
153
1
1
4
0
3
49
91
1
2
1
153
153
1971/1972
15,984
12,228
43,154
14,136
40,788
483,333
645,562
6,804
12,000
0
1,273,989
119,036
69,740
9,775
1,472,540
APPROPRIATIONS
1972/1973
16,788
12,840
14,136
40,788
46,610
486,096
702,356
6,972
11,819
0
1,338,405 1
204,950
66,080
6,470
1,615,905 1
1973/1974
17,460
13,344
49,606
0
37,668
458,052
458,052
7,140
12,396
14,136
,342,941
147,302
70,690
9,616
,570,549
01
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TABLE 11: RECAP OF EMPLOYEE SERVICES
00
01
02
03
06
07
08
09
10
11
12
Salaries
Wages
Overtime
Premium Pay
Contingency
Clothing & Personal
Workmen's Comp. Ins.
Social Security
Retirement (F&P)
Retirement (General)
Health & Welfare
Total Employee Services
1972/1973
1,338,405
204,950
66,080
6,470
106,183
18,720
137,825
10,830
181,558
45,900
2,116,921
1973/1974
1,342,941
147,302
70,690
9,616
19,064
133,674
8,617
192,063
105,300
2^029,267
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Capital expenditures are summarized in Table 12 for last
three fiscal years. The capital outlay requirements have been
gradually increasing, with major commitments of capital each
year to expansion of the sanitary landfill, the purchase of refuse
containers, and the purchase of new trucks (especially the side-
loaders) .
All expenditures are summed in Table 13. Employee services
account for approximately two-thirds of the total operating costs
of the Waste Disposal Division. The greatest fraction of the
remaining part of the budget is interdepartmental charges. These
charges are mostly from the Fleet Maintenance Division for rental,
maintenance, and servicing of Waste Disposal Division equipment.
5.7.3: Cash Position
The Waste Disposal Division finishes each year with a "profit"
as its revenues always exceed its expenditures. Thus, the division
is constantly building a cash fund. As expenditures rise from
year to year and the gap between revenues and expenditures narrows,
the user charge is increased. This increase has been occurring on
a four-to-five-year cycle.
The cash position of the Waste Disposal Division for the two
past fiscal years and projected for 1973/1974 is presented in
Table 14.
58
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TABLE 12: DETAIL OF CAPITAL OUTLAY
Description Quantity Appropriations
71/72 72/73 73/74 71/72 72/73 73/74
LAND
Future expansion of sanitary
landfill site 53,000 53,000 53,000
BUILDINGS
Portable building for
sanitary landfill 2,950
IMPROVEMENTS
Shrubs, trees, fenclrig, land-
scaping, etc. for existing
landfill 10,000 5,000 5,000
For proposed site 5,000
MACHINERY & EQUIPMENT
Bins and street-side
litter cans 50,000
Refuse containers 460 460 57,500 57,500
Container servicer 1 800
w/arm forks
Heavy duty, self-closing
waste receptacles 52 12 1,560 1,170
Calculator 1 630
NEW ADDITIONAL FLEET
EQUIPMENT
Rear-loader packer
truck (radio-equipped) 1 23,800
1/2 ton pick-up
(radio-equipped) 1 3,200
Ten-wheel, dual drive,
Diesel-powered truck
(radio-equipped) 1 1 24,800 29,500
2/cbannel mobile radios 21 23 14,180 14,950
29/cubic-yard side-
loader refuse packer 1 3 28,300 87,000
Radio page unit 2 560
TOTAL CAPITAL OUTLAY 164.800 198.420 219.180
59
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TABLE 13: TOTAL EXPENDITURES OF WASTE DISPOSAL DIVISION
1. Employee Services
2. General Expenses
3. Education and Travel
4. Maintenance - Buildings
and Grounds
5. Maintenance - Equipment
6. Special Expenses
7. Interdepartmental Charges
8. Insurance, Taxes and
Debt Services
9. Capital Outlay
TOTAL BUDGET
19,69/70
EXPENDED
1,513,919
13,362
226
1,096
246
91
661,152
8,966
149,954
2,349,012
1970/71
EXPENDED
1,658,547
12,333
1,057
160
257
1,533
731,845
8,982
119,606
2,534,320
OBJECT CLASSES
1971/72
EXPENDED
1,959,184
10,400
678
368
222
268
750,597
9,485
142,111
2^873^313
1972/73
APPROVED
2,116,921
12,720
1,350
2,000
3,710
41,300
826,280
10,080
198,420
3,212,781
1973/74
CAO
RECOMMENDATION
2,029,267
13,995
1,395
30,000
5,795
44,500
910,220
9,215
219,180
3,263,567
Ci
o
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TABLE 14: CASH POSITION SUMMARY
73/74 72/73 71/72
Estimated Balance June 30,
beginning of fiscal year $ 641,579 $ 425,470 $ 50,535
Estimated Revenue during
fiscal year 3.565.000 3.380.000 3.280.056
Total Available 4,206,579 3,805,470 3,330,591
Less: Estimated Expenditures
during fiscal year 3.263,567 3.204.781 2,964.037
Estimated Balance end of
fiscal year $ 943.012 $ 600.689 $ 366.554
61
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APPENDIX A
Articles 4 and 5 of the City of Fresno
Municipal Code
62
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Municipal Code City of Fresno Sec. 9-401
ARTICLE 4
GARBAGE. RUBBISH AND REFUSE
Section 9-401. Tide.
9-402. Definitions.
9-403. Waste Containers.
9-404. Waste Disposal Regulations.
9-404.1 (Repealed)
9-405. Waste Disposal Charges.
9-406. Rules and Regulations.
9-407. Salvage Garbage.
9-408. Private Garbage Collection Permits. Location Permits.
9-409. Garbage Collection Prohibited.
9-410. Disposal of Waste Matter.
9-411. Financial Procedures.
9-412. Burying Garbage Prohibited.
9-413. (Repealed)
9-414. (Repealed)
SECTION 9-401. TITLE. The title of this article shall be the Waste
Disposal Ordinance. (Rep. and Added Ord. 67-107,1967.)
SECTION 9-402. DEFINITIONS. Unless the particular provision or the
context otherwise requires, the definitions and provisions contained In this sec-
tion shall govern the construction, meaning and application of words and
phrases used in tl. s article, and, except to the extent that a particular word or
phrase Is otherwir? defined in this section, the definitions and provisions con-
tained In Article 3 (commencing with Section 1-301) of Chapter 1 of this Code
shall also govern the construction, meaning and application of words and phrases
used In this article. The Juflnltion of each word or phrase shall constitute, to
the extent applicable, the definition of each word or phrase which Is derivative
from it. or from which It Is a derivative, as the case may be.
(a) "Director" shall mean the Director of Public Works of the
city.
(b) "Mixed waste" shall mean waste materials of all kinds other
than human and animal excrement and earth, and includes, but Is not limited to
garbage, rubbish, waste, waste products, and refuse.
(c) "Residential rubbish" shall mean mixed waste which is
normally produced at and discarded from a dwelling, but does not include
liquids, food waste, food containers or wrappers, or animal bodies or parts.
(Rep. and Added Ord. 67-107, 1967, based on former Sec. 9-401.)
SECTION 9-403. WASTE CONTAINERS.
(a) All non-disposable containers in which mixed waste Is to be
placed shall be equipped with tight-fitting covers and bails or handles; shall
be free from rough or jagged edges likely to cause injury to persons handling
4-70 Reprint 6
63
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Municipal Code City of Fresno Sec. 9-404
them and shall be constructed of galvanized metal, corrosion free metal, rubber,
plastic, or other material approved by the Director.
(b) All mixed waste containers shall be kept free of holes, cracks,
dents, and similar defects which seriously impair their use for the purpose for
which used.
(c) No mixed waste container intended to be lifted by human
effort shall exceed thirty gallons in capacity, effective July 1, 1970.
(d) Other than disposable residential rubbish boxes, all con-
tainers shall be of standard twenty or thirty gallon capacities, provided that
fifty-five and sixty gallon capacity containers may be used until July 1, 1970.
(e) All bins shall have covers and be of one to six cubic yards
in capacity, shall be designed to be emptied or moved by the use of mechanical
equipment, and shall be of a type and form approved by the Director.
(f) No object which Is too large to fit In the collection vehicle
shall be placed for collection.
(g) Disposable residential rubbish boxes shall not be less than
one cubic foot nor more than fifteen cubic feet In capacity. (Rep. and Added
Ord. 67-107, 1967. based on former Sec. 9-402; Am. Ord. 70-7, 1970).
SECTION 9-404. WASTE DISPOSAL REGULATIONS.
(a) All Persons Subject. No person shall dispose of any mixed
waste intended to be collected by the city, or keep any mixed waste other
than as indicated in this section
(b) Waste To Be Removed. Every person occupying or having
charge or control of any place or premises where there is any accumulation of
waste, shall cause the same to be removed or disposed of at least twice each
calendar week (except that residential rubbish may be removed or disposed
of only once each calendar week) except for those weeks or months of the
year as may be indicated in this article for less frequent collection.
(c) Rules of Residential Waste Disposal.
(1) All mixed waste shall be placed in covered containers,
except that residential rubbish may be placed in disposable cardboard boxes
and paper products and vegetation limbs may be securely tied In bundles
not exceeding fnur feet in length and eighteen inches in diameter. All boxes
and bundles will be collected and disposed of without return.
<(2) No waste container, box, or bundle, except for one to six
cubic yard bins, shall be loaded so that the total weight is more than seventy
pounds.
(3) All mixed waste shall be kept in waste containers, boxes.
or bundles as herein provided.
(4) No mixed waste from any place or premises shall be
deposited in the waste containers of, or set out for collection at, any other
place or premises.
(5) Each place or premises shall be provided with sufficient
containers to adequately store and dispose of the normal periodic accumula-
tion of waste.
4-70 r-A Reprint 6
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Munlclpnl G-..I.' City of I'rciinii Sec 9-4M (d)
(6) No mixed wnste or containers ahull be kept or hnndlrd In
such a manner as to become a nuls.inic, no container shall be left uncovered,
and no mixed waste shall be allowed to become odoriferous or a producer
of vermin. All mixed waste uccumuUied for longer than the period allowed
In this article, and the keeping thereof, is hereby declared to be a nuisance.
(7) No live or hot coals or ashes or other thing which can
cause a fire in a collection vehicle shall be placed m or with any mixed
waste set out for collection.
(8) AH residential rubbish placed for collection shall be placed
In the alley at the rear of the premises, or. if there is no alley, at the curb
in the front of the premises, except that where mixed waste collection is made
by driving the collection vehicle onto the premises, residential rubbish shall
be placed at the location of collection of the mixed waste.
(9) No mixed waste containers or residential rubbish shall be
stored in the front yard or side yard on a street as said yards are described
In Chapter 12, Article 2 of this Code, unless the containers or rubbish arc
screened from view of a street or other properties in the area.
(10) No mixed waste containers or residential rubbish shall be
placed for collection at a curb sooner than 6-00 p.m. of the day preceding the
day of collection nor be allowed to remain at the curb after the day of
collection.
(II) No human or animal excrement shall be placed for col-
lection, by the city, except that solid animal excrement may be placed in a
waste container If securely wrapped in paper or a non-porous wrapper, or
held in a closed bottle or can.
(d) "Rules of Commercial Waste Disposal.
(1) Mixed waste may be kept in such rooms or places as arc
approved by the Director for the safe and clean keeping of waste.
(2) Mixed waste from all commercial establishments and
multiple residences must be placed for collection in bins. Said bins shall be
furnished, repaired, and replaced by the city at no charge in addition to
the monthly collection chart,.: set forth in Section 9-405. subsection (d),
except as provided in Section 9-405, subsection (c). This provision shall
not apply to commercial establishments or multiple residences authorized
by the Director to use other containers approved in this article, or to those
commercial establishments or multiple residences serviced by a private
garbage collector operating under a private garbage collection permit.
(3) Bins used at commercial establishments and multiple
residences on alleys shall be placed for collection of mixed waste at the
alley. Bins used at all such places not on alleys shall be placed for collec-
tion of mixed waste where it is feasible to service the bin as determined
by the Director.
(e) Days of Collection. The capacity and number of mixed
waste containers, days of collection, and number of collections exceeding
two each week requested by any customer shall be subject to the approv.il of
the Director giving full consideration to the nature and needs of the customer,
and to the capabilities and efficient operation of the Waste Disposal Division.
4-70 gc Reprint 5
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Municipal Code Qty of Fresno
Sec. 9-404.1
Mixed waste will be collected on Sundays only at those premises where
collection Is made every day of each week. (Rep. and Added Ord. 67-107.
1967; Am. Ord. 67.108.1967; Am. Ord. 70-7.1970).
SECTION 9-401.1 (Added Ord. 5MO, 1957; Repealed Ord. 67-107. 1967.)
SECTION 9-405. WASTE DISPOSAL CHARGES.
(a) Waste nod rubbish collection service shull be extended to the
public at the following rates, fees, and under the following provisions.
(b) The city may enter into contracts with public agencies for
the collection of waste materials at rates which vary from those prescribed
by this article.
(c) Customers who own bins on January 29, 1970, may elect
to use such bins, rather than bins furnished by the city, and for each such bin
from which mixed waste is collected, said customer shall pay only the charge
for an additional bin as set forth in subsection (d).
(d) The following charges shall be made and paid for waste
collection services.
Capacity of
Container
Has
1 cubic yard $18.40
additional 17.30
2 cubic yards 33.60
additional 31.40
3 cubic yards 46.50
additional 43.25
4 cubic yards 59.50
additional 56.25
5 cubic yards 72.50
additional 69.25
6 cubic yards 85.50
additional 82.25
Number of collections per week
and
Amount of charge per month
2 days 5 days 6 days 7 days
$ 46.00 $ 55.20 $ 66.75
43.25 51.90 63.55
84.00 100.80 123.45
78.50 94.20 115.40
116.25 139.50 170.85
108.15 129.75 15890
148.75 178.50 218.65
140.65 168.75 206.70
181.25 217.50 266.40
173.15 207.25 254.50
213.75 256.50 314.20
205.65 246.75 302.25
Other
Containers
30 gallons
or less
Additional
....$ 3.95
.... 3.05
$ 11.85
9.15
(I) Rates for stationary compactor bins having a capacity
from one (1) cubic yard to six (6) cubic yards (inclusive) shall be twice
the rate established herein for bins of similar capacity not used with
stationary compactors.
(2) Service for stationary compactor bins exceeding six (6)
cubic yards capacity and debris boxes shall be defined as special hauls,
and the rates shall be established as set forth in Section 9-405 (j).
(e) The required twice-a-week collection may be reduced to
once a week for residential collection and the $3.95 charge for the first thirty
7-71
66
Rrprlnl 2
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Municipal Code Qty of Fresno Sec. 9-406
gallon container may be reduced to $370 during the months of November
through April. Inclusive, providing that the user of the service has made a
written request (In such form and manner as may be prescribed by the Direc-
tor of Finance) for said reduction prior to October 1 of any particular year.
or any user who comes Into possession of, and requests service to, the property
after October 1 and before April 1 makes such a request upon com-
mencing service. The reduction in the charge may be given by applying a
credit against the regular waste collection charge.
(f) When collection of mixed waste is made from two or more
containers of different capacity, the additional charge imposed by subsection
(d) shall be based upon the capacity of each container used In addition to
the one having the greatest capacity. The lesser charge for additional con-
tainers shall apply only when all containers are placed for collection at the
same time and location, and all charges are billed on a single bill to the
same customer.
(g) When service commences or closes, applicable charges may
be prorated upon the basis of a thirty-day month, computed to the nearest
five cents.
(h) Whenever service is stopped or varied and then is resumed
by the same customer at the same premises within sixty days, a special service
charge of three dollars shall be made.
(I) One cubic yard of residential rubbish will be collected from
each separately-owned place or premises hav. .g waste collection service and
on which there is a dwelling or dwellings, provided that the cubic yard may
be collected from separate lots which are under common ownership when
waste collection is from different locations and the Director finds that the uses
thereon are not unified into a single establishment.
(I) Whenever any person accumulates an unusual amount of
mixed waste which canno- '>e collected by any regular collection service being
used by said person, he ni~y request and receive a special haul of the waste.
The charges for special hauls ah !1 be set by the Director of Finance to reim-
burse the city for the direct and indirect costs of providing such service.
The Director of Pebllc Worl shall determine the appropriate means of pro-
viding such special service. (Hep. and Added Ord. 67-107. 1967, based on
former Sec. 9-403; Am. Ord. 67-108, 1967; Am. Ord. 70-7. 1970; Am. Ord.
71-44.1971).
SECTION 9-406. RULES AND REGULATIONS. The Director may
make such rules and regulations as are not Inconsistent with the provisions of
this article, as may be necessary or desirable to aid in the administration or
enforcement of the provisions of this article. (Rep. and Added Ord. 67-107,
1967.)
SECTION 9-407. SALVAGE GARBAGE. Except in the case of waste
construction materials discarded from the site of any new building construc-
tion or building repair, which materials may be privately collected, whenever
the Director of Public Works shall determine that garbage, mixed garbage.
or any kind of rubbish, refuse, trash, or waste whatever from any premises
within the City is of such a nature that it can be salvaged for useful private
purposes, that it can be privately collected and that It is advisable and cco-
7-71 57 Rtpilnl 2
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Municipal Code City of Fresno Sec. 9-407
nomlrnl lo tillow prlvntr collection tlicrrof or when he dctrrmlnrx Clint the
Dlspoflnl Division cnnnot (jive mlrquntc collection ncrvlcc nnd n prlvnte gnrl>nqr
collector can give adequate collection service with reasonable collection charges.
then he shall allow u private garbage collector, suitable to the occupant of
the premises to moke such collections, but only upon the issuance of permits
pursuant to the requirements of Section 9-408. (Orig. Ord. 3914; Am. Ord.
5309. 1958. Am. Ord. 5311. 197?. Am. Ord. 6442. 1964).
4-TO
-------
Sec. 9-408
SHT.TION ';.«M. PRIVATK GARBAGE COLLECTION PERMITS.
MXIATION PHRMTTS.
dO AppllcrtlMi Hor Private Garbage CoUccfion Permits. Any
ilmiriiitf IK arriir* » permit lor Ihr prlvoir collection of muterlala
in SC.IMHI 'M«i7 ftlmll aulniili an npplluthm therefor to the Direc-
liir til I'lilillt Wurka. UN: tippllcutlon shall be In a form approved by the
Director of Public Works mid shall Include the following:
(I) Prlvote collector'* nnme. home addreaa. bualneaa addreas.
end telephone numbers. Thli Included information as to persona doing
bualncu under fictitious naaea, oicmbera of partnerahlpa, and offlccra of
corporotlona or aiaoclallona.
(2) A Hit of equipment Intended to be uaed by the private
collector within the city Including a full description thereof.
(3) A description of locations where the collector Intends to
deposit non-aalvageable waste materials.
(4) The rates or charges to be Imposed for private collection.
(5) The dale upon which (he applicant desires the permit to
be Issued.
(6) Such other and further Information as the Director of
Public Works may require.
(b) Application for tociitfeii Permits. Any private garbage col-
lector who bee secured a permit for the private collection of materials and
who dc >ir.-i to secure a permit for the private collection of materials described
la Section 9-407 from any particular location or premises within the City of
Fresno, shall submit an application for such collection to the Director of
Public Works for each location to be so collected. The application shall be
In form approved by the Director i>f Public Works and shall Include the
following:
(I) The private collector's name and private collector's per-
mit number.
(2) The addreaa of the location where the materials will be
collected and the nature of activity thereon.
(3) The written approval of the request for a location permit
by the owner or operator of the activity on the premises at the location
from which the collection will be made.
(4) The character of and description of the materials to be
collected from the location.
(5) The date the private collection la to begin.
(6) The number of collections anticipated per week or
month.
(7) Equipment to be used In the collection.
(8) The rate or charge to be imposed for the private col-
lection.
8-M
-------
Municipal Code City of Fresno Sec. 9-408 (c)
(9) Such other and further Information AS the Director of
Public Works may require.
(c) Simultaneous Applications and Issuance. At the time of
making application for a private collection permit, the applicant may apply
for location permits and the private collection and location permits may be
issued simultaneously.
id) Approve! or Disapproval of Applications Issuance ol
Permit The Director of Public Works shall cause an investigation to be
made of the facts stated In the application and shall immediately Issue the
private collector's permit, and in the case of an application for a location
permit, within thirty days after the filing thereof, shall make or refuse to
make the findings required by Section 9-407. Whenever the Director refuses
to make findings allowing the collection of materials described in Section
9-407, he shall Immediately notify the applicant In writing of the refusal
to issue a permit. Whenever the Director makes the findings required by
Section 9-407 he shall Immediately issue a permit to the applicant for col-
lection of the materials, as requested, provided that the permit may be re-
stricted by conditions as provided In subsection (f) of this section.
(e) Duration of Permits. Fees. Renewal. The duration of per-
mits Issued pursuant to this article, the feer therefor, and renewal regulations
are as follows:
(1) A private garbage collection permit shall be effective
until the next ensuing 30th day of June, on and after which date It shall
be null and void. The ft? therefor shall be the annual amount of two
hundred forty dollars ($240) which fee shall be prorated at the rate of
twenty dollars ($20) per month for each month or part thereof between
the date of issuance and the next ensuing 30th day of June. The fee for a
permit issued to. a private collector whose sole collection is a location or
locations to which the D! octor has determined that the Disposal Division
cannot give adequate collection service shall be five dollars ($5) per annum
The permit shall be renewable and application for renewal shall be made
upon the form prescribed in subs.-ctlon (a) above and shall be made by
the 30th day of June, each year.
(II) A location permit shall *--. effective until the next ensuing
30th day of June, on and after which date it shall be null and void. The
fee therefor shall be the annual amount of twelve dollars ($12) which
fee shall be prorated at the rate of one dollar ($1) per month or part
thereof between the date of issuance and the next ensuing 30th day of
June. The fee for a permit issued to a private collector whose sole col-
lection is a location or locations to which the Director has determined
that the Disposal Division cannot givv adequate collection service, shall
be one dollar ($1) per annum. The permit shall be renewable and appli-
cation for renewal shall be mnde upon the form prescribed in subsection
(b) above and shall be made by the 30th day of June, each year.
In the event of the non-e> crclse of cither a private garbage
collection permit or a location permit, any fee paid therefor shall not be
refunded. No permit shall be Issued until the applicable permit fee shall first
have been paid to the Department of Finance. (Subsec. Am. Ord. 6562. 1965).
(f) Condition on Permit. Upon the Issuing of a permit the Di-
rector may impose conditions thereon reasonably calculated to eliminate
excessive noise, scattering of dust and dirt, scattered materials, and similar
nuisances, and to prevent obstruction of public streets and Interference with
7-63 70 Reprint 1
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Munlclp.il Code Qty of 1'rrsno Sec. 9--)
traffic. Should Mich problems appear after Issuance of a permit, the Director
may Impose new or additional conditions upon the exercise of the permit by
stating the condition In writing and mailing the writing to the private collec-
tor at the address given In the application.
(g) Rules and Regulations. The Director of Public Works may
make rules and regulations for the Identification of private garbage collectors
and their equipment.
(h) Records. Every private garbage collector shall keep such
record*, receipts. Invoices, and other pertinent papers in such form as the
Director of Public Works may require. All such records shall be retained
by the private collector for a period of one year after they come Into being.
(1) Suspension or Revocation of Permit.
(I) No vested right or property Interest is acquired by a
permit issu to any person under the terms of this section: but the permit
may be sir; ,ded or revoked as hereinafter provided.
(?) Any permit granted under the provisions of this section
may be suspended or revoked by the Director when It shall appear:
.(1) That any of the conditions thereof is b<- Q violated:
(11) That the permit Is being exercised In violation of this
Code or any ordinance or statute;
(111) That the fact which supported the determination of the
Director under the terms of Section 9-407 no longer exists, provided that
la such case thirty days' notice of suspension or revocation shall be given
In addition to any other notice period provided for herein;
(Iv) That the permit Is being used for a purpose detrimen-
tal to pu' < oiorals. peaci. or order, or is being used for a purpose
foreign to that for which the permit was Issued;
(v) That the application contained falsehoods;
(vi) That any fact or condition exists which, if it had
existed at the time of the original application for such permit, reason-
ably would have warranted the Director In refusing originally to Issue
uth permit.
(3) Ten days' written notice of revocation shall be given.
Unless an appeal to the Chief Administrative Officer Is filed within the
ten day period, the revocation shall be final
(4) Ten days' written notice of suspension shall be given.
The suspension shall be final and the collector may not exercise the permit
during die suspension period unless an appeal to the Chief Administrative
Officer is filed within the ten day period or requirements specified by the
Director to end the suspension period are met.
(J) Within ten days after written notice of any decision of the
Director of Public Works made under the provisions of this section, any
person.aggrieved thereby may appeal the decision to the Chief Adminis-
trative Officer. The appeal must be in duplicate and in writing addressed to
** 71
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Municipal Code City of Fresno Sec. 9-409
the Chief Administrative Officer and must Include a copy of the Director's
written decision, the reasons for the appellant's objections thereto and the
facts upon which he bases his reasons.
The Chief Administrative Officer shall have power and it shall
be his duty to hear and determine appeals of decisions of the Director of
Public Works made under the provisions of this section. Upon receipt of an
appeal the Chief Administrative Officer shall set the matter for hearing not
less than ten nor more than thirty days thereafter, shall deliver a copy of the
appeal to the Director of Public Works and give written notice of the time
and place fixed for the hearing to the appellant and the Director of Public
Works. The Chief Administrative Officer may affirm, modify or reverse
such decisions and any orders or conditions of permits Issued upon such
decision, or dismiss the appeals therefrom, as may be Just.
Hearings before the Chief Administrative Officer shall be con-
ducted Informally, may be continued, and the Chief Administrative Officer
shall render his decision within fifteen days after the close thereof. The
decision of the Chief Administrative Officer shall be final. (Orlg. Ord.
3593 and 4197; Am. Ord. 5311, 1958; Am. Ord. 6442, 1964; Am. Ord. 6562.
1965.)
SECTION 9-409. GARBAGE COLLECTION PROHIBITED. No per-
son shall gather, collect, transport, burn, bury, or dispose of any garbage,
mixed garbage, residential rubbish, or any kind of refuse, trash, waste or
rubbish whatever from any place where the same Is placed by the occupant or
operator of any premises within the City or shall remove the contents of any
garbage or refuse receptacle, except that such materials may be collected by
a private collector to whom permits have been Issued pursuant to Sections
9-407 and 9-408 and except that this section does not apply to the collection
of waste construction materials discarded from the site of any new building
construction or building repair. (Orig. Ord. 3953; Am. Ord. 6442, 1964).
SECTION 9-410. DISPOSAL OF WASTE MATTER. No person shall
throw or deposit, or cause to be thrown or deposited, any waste matter other
than building materials for which a permit has been granted, except in the
manner In this article prescribed. In or upon any vacant lot. street, alley, gut-
ter, highway, park or other public place or keep any garbage, mixed garbage
or rubbish or waste matter except In the manner in this article prescribed.
(Orlg. Ord 3914.)
SECTION 9-411. FINANCIAL PROCEDURES. All billing for and col-
lection of waste disposal charges shall be handled as provided In this article
and in Article 11 of Chapter 2 of this Code. (Rep. and Added Ord. 70-3, 1970).
SECTION 9-412. BURYING GARBAGE PROHIBITED. No person shall
bury any waste, table scraps, or leavings, food waste, food containers or wrap-
pers, or animal bodies or parts (Added Ord. 68-24. 1968).
4-70 72 Reprint 3
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Municipal Code City of Fresno Sec. 9-413
SECTION 9-413. (Added Ord. 5766. I960; Repealed Ord. 67-107. 1967.)
SECTION 9-414. (Added Ord. 5766, I960: Repealed Ord. 67-107. 1967.)
10-67 yq
lTrt 1
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UIL1. NO. B-^30
INTRODUCED BY COUNCILMAN Bt:LL
ORDINANCE N0._7>5j2
AH ORDINANCE OF THL CITY OF FRi:SNO, CALIFORNIA, ADDING
APTICIX 5 TO CHAPTER 12 OF THE FRLSNO MUNICIPAL CODE
RELATING TO ENVIRONMENTAL QUALITY
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SKTTiou 1. Article 5 13 added to Chapter 12 of the Trenno Municipal
Couc to read:
ARTICLE 5
ENVIRONMENTAL QUALITY
Section 12-501. Title.
12-502. Purpose.
12-503. Definitions.
12-504. General Rule.
12-505. Environmental Assessment.
12-506. Findings.
12-507. Appeal of Findings.
12-500. Applicant Determination.
12-509. Preparation of EIR.
12-510. Processing of EIR.
12-511. UxetiiptJ ons.
12-512. Director Classification.
12-513. Aj^aal.
12-514. Federal Projects.
12-515. Fees.
SECTION 12-501. TITLE. This article shall be known
as the "Environmental Quality Ordinance of the City of Fresno."
SECTION 12-502. PURPOSE. The purpose of this article
is to set forth principles, objectives, criteria, and rules
to be used in the implementation of the State Environmental
Quality Act of 1970, to insure the orderly evaluation of
projects, the thorough preparation of environmental impact
reports, and the preservation and conservation of the environ-
ment in the city.
SECTION 12-503. DEFINITIONS.
(a) Vn)es« the particular provision or context.
otherwise rsguires, the definition*) contained in tins
section snail govern tha construction, meaning diid applica-
tion oP words and phrases used in this article, and,
? 74
Effective
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ixcopL to the extant, that a parLiculAr word or ptirar.c
is othorwiou wpocifically deCJiiU'J LII thin sc':Ur>n. tli"
definitions end provisions contained in Article 3 o£
Chapter I of this Code, and in Article 4 of the! Guidelines,
shall also govern this construction, meaning and application
of words and phrases used in this article. The definition
of each word or phrase shall constitute, to the extent
applicable, the definition of each word or phrase which
is derivative from it or from which it is a derivative,
as the case may be.
(b) "Applicant" means the person applying for a
contract, grant, subsidy, loan, lease, permit, license,
certificate, or other entitlement for use from the
city for a private project, or the city office, department,
division or agency proposing to initiate or carry out
any public project. Where more than ono city office,
department, division or agency is involved with the
initiation, completion, approval or regulation of the same
public project, the Chief Administrative Officer of the city
shall designate the city office, department, division or
agency which shall serve as the applicant based upon
the capacity and ability of the respective agencies to
adequately fulfil,! the requirements of the CEQA, the Guide-
lines, and this article.
(c) "Approval" means the decision by a decision
making authority which commits the city or any agency
thereof to a definite course of action in regard to a
public project. Approval occurs in connection with a
private project upon the earliest commitment to issue
or the issu&nce by the decision-making authority of a
discretionary contract, errant, subsidy, loan, lease:,
permit, license, certificate or entitlement for use.
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(d) "CEQA" means the California Environmental
Quality Act of 1970, as published in the State Public
Resources Code beginning at Sootion 21000 or as horoafter
amended.
(e) "CorMftiasion" u^ans the Planning Commission of
the city.
(£} "Decision-making authority" means the city
department, division, office or body which is empowered
by this Code, other ordinance, resolution or law with the
authority to approve a public project or to issue or
approve a contract, grant, subsidy, loan, lease, permit,
license, certificate or other entitlement for use pertaining
to a private project.
(g) "Director" means the Planning and Inspection
Director of the oity, or such person as he may designate
to perform tne duties reposed in the Direccor by this article.
(h) "Emergency" means a, sudden and catastrophic
calamity caused by an occurrence or combination of
occurrencea of statewide or local impact, such ao fire,
flood,-earthquake or other natural disaster, riot, war,
accident, or sabotage.
(i) "Environmental Impact Report" (EXR) means a
detailed statement setting forth the environmental effects
and considerations pertaining to a project as specified
in Section 21100 of the C2QA.
(1) Draft EX?, neons an EXR containing the
information specified in Section 15141, 15142, and
15143 or the Guidelines.
(2) Final EIR Miaans an EIR containing the
information specified in Section 15146 of the
Guidelines, togethor with the conclusions &nd
roco.-a:v,oAuationa of the Director as required by
this article.
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(3) "Guidelines" means the Guidelines for Implementa-
tion of the CEQA, as published in Division 6, Title 14
of the California Administrative Coda or as hereafter
amended.
(k) "Negative Declaration" means a statement that
a project, although not categorically exempt, would not
have a significant effect on the environment and therefore,
docs not require an EIR. The contents of this declaration
shall be as specified in Section 15083 of the Guidelines.
(1) "Notice of Completion" means a brief report
filed with the State Secretary for Resources as; soon as
the applicant has completed a draft EIR and is prepared
i
to send out copies for review. The contents of this
notice shall be as specified in Section 15035 (c) of the
Guidelines.
(ml "Notice of Determination" means a notice to
be filed by the decision-making authority when it approves
or determines to carry out a project which is subject to
i
the requirements of CEQA. The contents of this> report
shall be as specified in Section 15085 (g) of the Guidelines.
(n) "Project" means the whole of an action, resulting
i
in physical-1 impact on the environment, directly; or ultimately,
that is any of the following:
(1) an activity directly undertaken oy any
public agency, including but not limited to public
works construction and related activittcn, clearing
or grading of land, improvements to existing public
structures, enactment and amendment of zoning ordinances.
X
a
Eg
o
w= 01
g
«
01 0)
at-0
and the adoption oJ Central or Specific Plans or
elements thereof.
(2) an activity undertaken by a per.son which
is supported in v.noic or in part through public
agency contracts.- grants, subsidies, loans, or oi.ncr
forms of assistance from one or more public aqcr.ciu.>.
77
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(3) an activity involving tho issuance to a
person of a lease, pormit. license, ccrtUicuu.', or
other entitlement for use by one or more public
agencies.
(o) "Significant Effect" means a substantial
adverse impact on the environment determined in accordance
wjbi.it Suctions 15061 ana i:>uU2 of the Guidelines.
SECTION 12-504. GENERAL RULE. An environmental
impact report must bo prepared prior to the approval by the
city of any discretionary project which may have a significant
effect on the environment. Where it can be soen with certainty
that the activity in question involves only ministerial action
by.the city, that it will not have a significant effect on the
environment, or that it is within one of the classes of emergency
projects delineated in Section 15071 of the Guidelines, it is
exempt from the operation of this article and may be processed
or-carried out without reference hereto.
SECTION 12-505. ENVIRONMENTAL ASSESSMENT. Except as
provided in Section 12-504 of this article* any applicant
seeking to undertake a public project which may have'a sig-
nificant effect on the environment, or a private activity
requiring a lease, permit, license, certificate for use from
the city, shall first prepare and submit to the Director on
a form furnished by the city, an environmental assessment
of the proposed activity or project. Such assessment shall
include the following information:
(a) Description of the activity.
(b) Location of the activity.
(c) Preliminary plane and drawings, if available.
(d) A proposed finding that the proposed activity
does or docs not require thj preparation of an EIR
and the reasons for such finding.
78
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(c) Such additional o&ta as the Director reasonably
deems necessary to properly evaluate the impact of the
proposed activity on the environment, giving due considera-
tion to the criteria contained in Sections 15081 and 15082
of the Guidelines.
SECTION 12-506. FINDINGS.
(a) The Director shall review the environmental
assessment, together with any plans or attachments thereto,
to determine whether the proposed activity constitutes a
discretionary project which may have a significant effect
on the environment. As an aid in making such determination,
the Director may solicit the advice and recommendations
of any city department and other public agency that could
be affected by the proposed activity, &nd of private persona
or organizations which may have an interest in the environ-
mental impact of the proposed activity. The Director shall
also be guided by the purposes, policies, rules, regulations,
and standards sat forth in the CEQA, the Guidelines, this
article, and the adopted plans and policies of the city.
(b) The Director shall, within ten working days
following his receipt of the environmental assessment, mail
or otherwise provide to the applicant one of the following:
(1) A written rinding that no Environmental
Impact Report (EIR) is required because:
(i) the proposed activity does not con-
stitute a project;
(ii) the proposed project is minis toriai;
(iii) cha proposed project will net have a
significant effect on the environment;
(iv> the proposed project constitutus an
emergency;
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(v) the proposed project in part of ,t '
phased project or a groun of projects for which
an BIR has previously been submitted and approved
in accordance with this article and there arc
no substantial changes in the proposed project
or the circumstances surrounding <;uch project
which involve new environmental impactr. not con-
sidered in the original FIR; or
(vi) the environmental effects of the proposed
project are similar enough to warrant the same
treatment as those addre&sed in another project for
which an EIR has previously been submitted an.i
approved in accordance with this article.
(2) A written finding that an EIR is, required,
together with the reasons for such conclusion.
(3) A written finding that the assessment is
insufficient to enable him to determine whether an El'R
shall be required, together with a list of the
deficiencies in the assessment as submitted.
(c) In those casea covered by subsection (b) (1)
(iii) of this section, the Director shall, within two
working days of the mailing 6r delivery of his findings
to the applicant, file wit;h the Clerk of the County a
negative declaration containing the nature and description
of the project'and a finding that it will have no signifies::;
effect on the environment. In all other cases, a notice
containing the nature and deecription oE the proponed p/ojectr
and a copy of the Director's findings relative thereto stinl I
be filed within the same time period in the office of the
City Clerk.
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SECTION 12-507. APPEAL OF FINDINGS.
(a) Wittiiii fifteen calendar clays aftor tho filing of
the Director'u findings in accordance with Section 12-506
(c) , any interacted person may appeal any such finding tu
the Commission in accordance with Section 12-513 of this
article.
(D) A notice of the decision of the Commission she 1
be filed in accordance with Section 12-506 (c) of this
article in addition to the notice required by Section
12-506 (c).
SECTION 12-508. APPLICANT DETERMINATION. Notwithstanding
Sections 12-501 through 12-507 of this article, any. Applicant
i
may determine that his proposed activity constitutes' a project
which may have a significant effect on the environment without
submitting an environment asseoomont, and proceed as! if the
Director has made such a finding.
SECTION 12-509. PREPARATION OF SIR*.
(a) Any applicant proposing to carry out an activity
which has been determined pursuant to this article to
require the preparation of an EIR. shall prepare a draft
EZR.
(1) The draft EIR for private projects shall
be submitted to the Director in ten copies' simultaneously
with the plans, permit application, tentative subdivision
map, or other form of request for a contract, loan,
grant, lease, permit, license, certificate, or
other entitlement, pertaining to the project.
(2) The draft El ft for public projects shall
bo submitted in -con copies to the Director.
(b) In no event shall tr. inaividual who is involved in
v.h'. J.v.>icjn 01 construction of the project, also be responsible
i'i;: thw cicp4ruT ion of an El? related to thot project.
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SECTION 12-510. PROCESSING OP EXR.
(a) Upon receipt or completion of the draft EIR, the
Director shall review same to determine whether it satisfies
the intent, standards
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.Iplivory, or by ««ch latwr dat-<: »s may be apcci£icd
xn the- request, not to exceed sixty calendar day« from
the dato of mat liny or delivery, shall be doemod to have
no objections to the ElR as submitted. In fixihy a
return date longer than fifteen calendar days, the
Director shall give the consideration to the complexity
of the project ar.d the -meeting dates of the agehcies
being asked to respond.
(2) The Director shall provide notice in' the following
manner to the effect that such draft EIR has been submitted
or prepared and is available for examination ihj the office
of the City Clerk,'and that public comment thereon nu>y be
submitted to the Director within fifteen calendar days of
the date such notice is published or mailed, whichever
occurs later:
(i) fcy publication once in a newspaper of general
circulation in the city.
(ii) By mailing in accordance with Section 12-
401-C-2 of this Code, and
(iii) By mailing to the Chairman of each Planned
variations.Neighborhood council.
(3) The Director shell schedule and hold a public
hearing utilizing the prcceuural rules specified in
Section 12-401-D of this Cede whenever the Director
determines that such hearing would facilitate the purpoaoe
of the CEQA.- The Director shall present the draft BIA
at such hearing and record or summarize; the Pub!lic
presented thereat.
(4) The Director shall file a notice of completion
with the Secretary of the resources Agency of t,ho State.
Reproduced from
best available copy.
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(.d ic* cofljsinos frc.M othe^
depart_uior.t» or public ^gi:..^,is. j, or
(i) the Ci'cc of Liie public hearing, it any;
whichever is the latest, the Director shall prepare .a
I ir.il CIR ccijijii* Liny u£ :
(1) the dx-tit LIR,
(2) a co?y OL all written conunentc received in the
review &nd consuit^tion procass described above,
(3) a verbi.cim or otmriii-vized record of all testimony
given at the public hearing, if any,
(4) the Director'a response to any negative coAuaents
cor.'c-i.^U in tin. «vt«c).r»«iit^ inquired oy (i) anu O)
next'above, explaining why he agrees ox disagrees therewith,
and'
(5) the. Director's conclusion regarding the
eiwijromnontal affects of-tho proposed project and'his
reccinr[i«.n&%tion for or against' the proposed project.
(o) ' 7>.c r'inal E£I< ^:iall thereupon be proceaaed with the
p. A-..,it application, euhv.ivi.-iion m.-p,. or'other form of xequost
tor rpproval of the project, in accordance with the proccdarcs
prescribed th'jrcfor by ^his Code or other ordinance,
ecioiuticn, or,law, and shall be presented or made available
to t-te deciaion-making uuthori^y for its consideration on or
prior to the date fixed £0*: approval or diuapproval o£ the
project. The eleciainn-m^lcing authority shall review,the
finil SIR, jnd shall consider th contents tiic>fcof when
r.-j..i.;-.g i'i uucision (:o to?prnva or tia^pprove the project.
Reproduced from
best available copy.
84
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(f) Afior niAkin'j ft decision on the project., the ili-rj
g authority nhnil Iilo a notice- of determination with thu
Clerk of the County and the* City Clerk.
SECTION 12-511. EXEMPTIONS.
(a) The following city licenses, permits, approvals,
er.titlcr.ant3 cr action**, and all other licenses, permit*,,
approvals, entitlements or actions heretofore or hereafter
required, authorized, or undertaken by the city and
deemed by the Director pursuant to Section 12-512 to be
similar thereto shall be deemed to be ministerial for the
purposes of this article:
(1) Building permits.
(2) Business licenses.
(3) Banner permits.
(4) Parade permits.
(5) Sound truck permits.
(6) Newsstand permits.
(7) Final subdivision map approvals.
(8) Individual utility service connections.
(9) Bicycle licenses.
(10) Dog licenses.
(b) The following city licenses, permits, approvals,
entitlements or actions and all other licenses, permits,
approvals, entitlements or actions heretofore or hereafter
required, authorized or undertaken by the city and deemed
by the Director pursuant to Section 12-512 to be similar
thereto shall be deemed to have no significant effect
on the environment for the purposes''of this article:
(1) House moving permits.
(2) Rooming house, hotel, and motel permits.
(3) Pool or billiard room permits.
(4) Card room permits.
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(5) Private patrol permits.
(6) Taxi parmil.i.
(7) Annexations.
(8) Zoning ordinance text amendments.
(9) Minor deviations approved in accordance: with
Section 12-407 of this Coda.
(10) Those permits, approvals, enuix-ion^nta UL
*
actions classified by Article 8 of the Guidelines as
categorical exemptions.
SECTION 12-512. DIRECTOR CLASSIFICATION.
(a) Any interested person may request in writing
that the Director classify as exempt any city license rmit,
approval, entitlement or action not specifically listed
in Section 12-511 but alleged to be similar to those listed
within one of the classes contained therein.
(b) The Director may classify any city license, permit,
approval, entitlement or action heretofore or hereafter
required or authorized by this Code into one of the
exemption classifications delineated in Section 12-511,
provided he first finds that:
(1) The proposed classification is consistent
with the purposes, policies and standards contained
in the CCQA, the Guidelines, and this article.
(2) The subject of the classification will
have no greater adverse effect on the environment
than two or more of the licenses, permits, approvals,
entitlements or actions specifically listed within
the proposed class, and
(3) The proposed classification will net operate
to the datriment of the adopted plans am! policies of
the city.
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(c) The Director shall m.iil to Oi otherwise provide
the person requesting the exemption classification with a
written notice of his decision thereon. A copy of such
notice shall Lc filed with the City Clerk.
(d) Within fifteen calendar clays of the mailing or
delivery of the Director's decision to the person requesting
earns or the filing of cuch notice with the City Clerk,
whichever occurs last, any interested person may appeal same
to the Commiaaion in accordance with Section 12-513 of
thia article.
SECTION 12-513. APPEAL. Whenever a right to appeal is
granted in this article, the following shall apply:
(a) The appeal shall be in writing and shall state:
(1) The appellant's name and address.
(2) His interest in or relationship to the
KUbjbCi. liuai.ad, ptjiTffiii., ttppi'OVai , oil ui i.imat!Ht Or
action.
(3) The decision being appealed.
(4) The specific reason or reasons why such
decision should not be uphold.
Any appeal which does not contain the required information
shall be rejected.
(b) Upon the filing of an appeal containing the
required information, the decision of the Director shall be
set aside and the matter set for public hearing before the
Commission to be conducted in accordance with Section
12-401-D of this Code. The Secretary shall sot the* time
and place of the hearing, which shall be not more than tnirty
days following the filing of the appeal. Notice of such
hearing shall be published once at least ten days in advance
of the date set therefor in a newspaper of general circulation
in the city. Copies of such notice shall be mailed or
otherwise providad to the appellant and the applicant.
87
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(c) The Commission may continue the hearing from
times to time up to a total of thirty days. At the con-
clusion of the hearing, the Commission may adopt, modify.
or reject the ti'sci.'iion or findings of tho Director/. The
decioion of tho Commission shall be final. Pailuro of tho
Commission to take such action within the time prescribed
shall constitute an adoption and approval of the der.i
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urJinancL- is declared to be uoccr.H.iry an iin
nicaauru fur preserving I he- public fifjcc, health anil
a.ifciy, .inJ uliall t.ako effect immediately. The- following la A
otacnmont oi the facts uhewing ito urgency!
The California Knvironmcntal Quality Act of 1970 was declared by
tho California Supreme Court on September 21, 1972, to require
the preparation of an Environmental i'mact Report prior to the
issuance by the city of c. lease, perrr.it, license, certificate,
or other entitlement for use pertaining to any project which
may have a significant effect on the environment. Chapter 1154
of the st.ai-utMs of i5'72 iir.pc^cd a moratorium on this requirement
until April 5, 1973. to enable the state to formulate guidelines
and the cities to adopt ordinances implementing the Suprens Court
decision. Failure by the city to make such an ordinance effective
on or before said date will deprive it of the moans to, comply
with the? Environmental Quality Act and will thereby effectively
precludes nearly all building and development therein.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) 88.
CITY OF FRESNO )
I, JACQUELINE L. RYLE, City Clerk of the City of Fresno,
certify that the foregoing ordinance was adopted by the Council
of the City of Fresno, California, at a regular meeting held on
the 5«-nh. day of April , 1973.
JACQUELINE L. RYLE,
City Clerk
Reproduced from
best available copy.
Deputy
JAM:cy
V5/V3
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APPENDIX B
Chapter 3 of the County of Fresno Code
90
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CHAPTER 3. GARBAGE AND RUBBISH DISPOSAL
SECTION 450. DEFINITIONS. The following words, terms and phrases, when
used in this chapter, have the meaning ascribed to them in this Section,
except where the context clearly indicates a different meaning.
(a) 'Garbage' means organic refuse of animal, fish, fruit or vegetable origin
including but not limited to household, commercial and industrial food
waste or such other organic refuse which may propogatc flies, insects or
create offensive odors.
(b) 'Rubbish' raeena combustible maltnals including bat not limited to boxes,
barrels, wood, tree branches, yard trimmings, wood furniture and bedding.
and non-combustible material ^'including but cot limited to me tola, tin
cans, metal furniture, dirt, glass, crockery and mnerala; that such rub-
bush shall not include bulk refuse as hereinafter defined.
(c) 'Bulk Refuse* means demolition waste or construction waote (including but
not limited to lumber, pipes, brick, maoonry, concrete, cement), tree
stamps, abandoned vehicles and parts thereof, and like items.
(d) 'Disposal Sites' means any premises maintained for the purpose of dis-
posal of garbage, rubbish or bulk refuse where such materials are im-
ported to the disposal site.
(e) 'Dangerous Materials' means any material either combustible or non-com-
bustible, which is poisonous, including insecticides, weedicides or fung-
icides, or any substance wi th an active agent which is injurious to plant
or animal life.
(f) 'Sanitary Land Fill* means the depositing of garbage, rubbish or bulk
refuse in o natural or nan-made depression or trench, compacting it to
the smallest practical volume and covering it with compacted earth in
n systematic and sanitary manner.
'f added by Ord. 503-A-1
Adopted July 25, 1967
SECTION 451. PERMIT FOR TRANSPORTING GARBAGE AND RUBBISH OR MAINTAINING
DISPOSAL SITE. It shall be unlawful for any person without first having
obtained a written permit from the Health Officer to:
(a) Engage in the business of transporting over any public thoroughfare
vilhin the unincorporated area of the County of Fresno, any garbage,
rubbish or bulk refuse.
(b) Establish or maintain a dispose^ site.
Azenaed by Ord. 503-A-l
Adopted July 25, 1967.
SECTION 451.1. APPLICATION FOR P£:.viT. Upon application made to Health
Officer upon the forms prescribed by run-: for the perzit required under Sec-
tion 451 of this Chapter, the Health. Officer shall make a full investigation
of the proposal, and if he find:! that the proposal is such that there will
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not be maintained or created a Kuxard to public health, or a public nuisance,
he shall issue a permit therefor and may as terms thereof impose any condi-
tion* and restrictions not inconsistent with the terms of any Conditionnl
USB Permit under the Zoning Ordinance as in hi a opinion may be reasonably
necessary to prevent the maintenance or creation of a hazard to public health
or a public nuiflance and muy from timn to linn modify such conditions and
restrictions as th« public health und welfare may require.
All permits required herein nhall expire one yaar after their issuance
unless revoked within said period nnd it shall be unlawful for a person
thereafter to continue to engugc in ths uctivitio set [ti-t,h undo- Section
451 of this Chapter unless a new permit is issued by ?.iic Health Officer as
provided herein.
All permits issued prior to the effective date of chia Section, as
amended, and not revoked, shall be deemed to be approved and shall expire one
year from the date of their issuance; that said permits are subject to modi-
fication as provided herein and are further subject to the Disposal Site
standards aet forth in Section 451.2 of this Chapter.
Amended by Ord. 503-A-1
Adopted July 25, 1967.
SECTION 451.2. MAINTENANCE OF HS>OSAL SITES. It shall be unlawful for
any person to op»rate and maintain a disposal site without conforming to the
following standards:
(a) All garbage, rubbish and bulk refuse shall be disposed in all areas by
the sanitary land fill method and pursuant to an operational plan for
refuse dispooal approved by the Hin1th Officer including therein fire
control measures and salvage disposal procedures. All earth coverings
shall be applied in an amount and at such time as is deemed reasonably
necessary by the Health Officer except as hereinafter expressly provid-
ed to prevent the maintenance or the creation of a hazard to the public
health or a public nuisance. All garbage, or rubbish or bulk refuse
mixed with garbage, shall be covered at the close of each days opera-
tion except that coll fruits and vegetables delivered to the disposal
site after the daily operation is closed shall be covered prior to re-
opening the disposal site the following day. Where the disposal opera-
tion is seasonal, the Health Officer may approve other methods of ref-
use disposal determined in the manner provided in Section 451.1 of this
Chapter.
(b) The boundary of all disposal areas shall be adequately fenced with a
material which shall not be less than six feet (6') in heighc to pre-
vent rubbish from scattering, to prohibit unsupemsed use, and to screen
the disposal operation, except all visable disposal areas within three
hundred feet (300') of a public road, shall be screened with a solid red-
wood fence or screened with vegetative material, approved by the Health
Officer, which is drought resistant and will grow to a height in excess
of six feet (6*) within a two year period.
(c) All roads within the disposal sites shall be passable during all periods
.of use by the public and shall be treated and maintained with road oil.
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(d) Appropriate signs shall be posted at the entrance of a disposal site
clearly setting forth the hours and days of its operation, fees to be
charged and types of materials accepted.
(e) All driveway approaches to the County highway shall be constructed to
Fresno County standards.
(f) The site shall be supervised by an attendant during all tines the site
is open for public use.
(g) No incineration shall be permitted.
(h) All dangerous materials,' their containers or other commercial chemical
preparations shall be disposed in a manner approved1 by the Health Officer.
g' & 'h' added by Ord. S03-A-1
Adopted July 25, 1967.
SECTION 451.3. DISPOSAL OF WASTE TIRES AND REQUIRED REPORT. All waste
arcs u defined in Section 643 of this code received at a disposal site shall be incorporated
into the ongoing land fill at the same frequency and in the same manner as other desig-
nated Class II waste, or in lieu thereof, said tires may be kept or stored aboveground pro-
vided that they are screened in such a manner as to preclude their being seen from any
roadway or adjacent property; so stored as to preclude the entry of any water from any
source therein, or be ground or cut to a degree which would accomplish the same objec-
tive and stored in such manner as to comply with any required rodent control program.
The operator of a disposal site at which waste tires are received shall, in addition to any
other record, keep a record of all tires received and make a weekly report thereof to the
Health Officer including the number of tires received, the date thereof, the manner of
disposal, and the name and license number, if any, of the collector or other person from
whom such tires are received.
Added by Ord. 503-A-S,
Adopted Feb. 22,1972.
SECTION 452. PRIVATE STORAGE OF GARBAGE. It shall be unlawful to store
or keep garbage, upon property where it is propogoting flies, insects or
creates offensive odors.
Amended by Ord. 503-A-l
Adopted July 25, 1967.
SECTION 453. STORAGE OF GARBAGE IN URBAN IREAS. It shall be unlawful
to store, deposit or keep garbage upon property having a lot area of less than
36,000 square feet for a period in excess of one week where public collection
services are available.
Amended by Ord. 503-A-l
Adopted July 25, 1967.
SECTION 454. UNLAWFUL TO ENGAGE IN BUSINESS WITHOUT DISPOSAL SITE. It
shall be unlawful for any person to engage in the business of collecting,
transporting or disposing of garbage for compensation without at the time of
commencing such business and at all times during the conducting thereof being
either the owner or lessee of a duly established and lawfully maintained
disposal site or having a firm, written contract uith such owner or lessee
93
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of such a site giving the right to dispose of such garbage thereof for a
fixed or detenninabl e period or dispose at a county dump upon paying the
established fee therefor. No permit for transporting garbage pursuant to
Section 451 of this chapter shall be issued without proof of compliance with
this section.
(Added by Ord. No. 503-A-3.
Adopted Aug. 20. 1968)
SECTION 455. ENFORCEMENT OF THIS CHAPTER. The Health Officer or hi a au-
thorised representatives in so far as Day be necessary for the performance of
their duties shall, upon the presentation of proper credentials at any reason-
able time, have the right to enter the premises for the purpose of inspecting
the premises or while performing any other act in pursuance of their duties
hereunder.
Amended by Ord. S03-A-1
Adopted July 25, 1967.
SECTION 456. TRANSFERS; REVOCATIONS. No permit obtained pursuant to the
provisions of this Chapter is transferable. Such permit may be revoked upon
written notice mailed to the address shown on the applicant's application
when the Health Officer determines that any of the terms and conditions of
this-Chapter or any permit issued hereunder have not been met.
Amended by Ord. S03-A-1
Adopted July 25, 1967.
SECTION 457. OPEN AIR BURNING PROHIBITED.
Ord. No. 503-A-2. Adopted August 1, 1967, Repealed by Ord. No. 503-R-4.
Adopted January 13, 1970.
SECTION 457.1. PERMIT FOR SINGLE OCCASION'BURNING.
Ord. No. 503-A-2, Adopted August 1, 1967. Repealed by Ord. No. 503-R-4,
Adopted January 13, 1970.
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APPENDIX C
Employer-Employee Relations, Article 19,
Chapter 2 of City of Fresno Municipal Code
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Municipal Code Qty of Fresno
Sec. 2-1901
ARTICLE 19
EMPLOYER-EMPLOYEE RELATIONS
Section 2-1901. Title of Article.
2-1902. Statement of Purpose.
2-1903. Definitions.
2-1904. Employee Rights.
2-1905. City Rights.
2-1906. Meet and Confer m Good Faith. Scope.
2-1907. Consultation in Good Faith. Scope.
2-1908. Advance Notice.
2-1909. Appropriate Unit.
2-1910. Petition for Formal Recognition.
2-1911. Elections. Formal Recognition.
2-1912. Revocation of Representation.
2-1913. Modification of Established Appropriate Unit.
2-1914. Designation of City Representative.
2-1915. Unfair Employee Relations Practices.
2-1916. Resolution of Impasses.
2-1917. Grievances.
2-1918. Memorandum of Understanding.
2-1919. Dues Check-Off.
2-1920. Reasonable Time Off to Meet and Confer.
2-1921. Access to Work Locations.
2-1922. Availability of Data.
2-1923. Prohibition of Strike or Work Stoppage.
2-1924. Construction of Article.
2-1925. Rules and Regulations.
SECTION 2-1901. TITLE OF ARTICLE. This article shall be known
as the Employer-Employee Relations Ordinance of the City of Fresno.
(Added Ord. 72-1.1972).
SECTION 2-1902. STATEMENT OF PURPOSE.
(a) The purpose of this article Is to implement Chapter 10.
Division 4, Title I of the Government Code of the State of California
(Sections 3500. et seq.) by providing orderly procedures for the administra-
tion of employer-employee relations between the city and its employee
organizations and for resolving disputes regarding wages, hours, and other
terms and conditions of employment.
(b) Nothing contained herein shall be deemed to supersede
other provisions of the Fresno Municipal' Code. This article Is Intended.
instead, to strengthen the civil service system by providing a method of
administering employer-employee relations through the establishment of uni-
form and orderly methods of communication between organized city em-
ployees and the city. (Added Ord. 72-1. 1972).
SECTION 2-1903. DEFINITIONS.
(a) Unless the particular provision or the context otherwise
requires, the definitions and provisions contained in this section shall govern
1-78
96
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Municipal Code Cay of Fresno Sec. 2-l903(b)
the construction, meaning, and application of words and phrases used In this
article, and, except to the extent that a particular word or phrase Is other-
wise specifically defined in this section, the definitions and provisions con-
tained In Article 3 of Chapter 1, of this Code shall also govern the construc-
tion, meaning, and application of words and phrases used in this article
unless the particular provisions or the context otherwise requires. The
definition of each word or phrnxr ahull constitute, to the extent applicable,
the definition of each word or phrase which Is derivative from It, or from
which It is a derivative, as the case may be.
(b) "Approprate unit" means a group of classes of positions
in the city service designated as a unit to be represented by a iccognlzed
employee organization In meeting and conferring on matters within the
scope of representation.
(c) "City" means the City of Fresno, a municipal corporation.
and where appropriate herein, "City" refers to the Council or any duly
authorized executive management employee as herein defined.
(d) "Confidential employee" means an employee who is privy
to decisions of city management affecting employer-employee relations.
(e) "Consult" or "consultation in good faith" means to com-
municate orally or in writing for the purpose of presenting and obtaining
views and advising of intended actions.
(f) "Director" means Director of Personnel and Labor Rela-
tions of the city, or such other person as the Council may designate pursuant
to Section 2-1914.
(g) "Employee" means any person holding a permanent posi-
tion, as defined In Section 2-1601.
(h) "Employer-employee relations" means the relationship be-
tween the city and Its employees and their employee organizations.
(I) "Employee organization" means any organization or Joint
council of two or more organizations, or Its duly authorized representative,
which Includes employees of the city and, as one of its primary purposes,
represents such employees in their employment relations with the city.
(j) "Executive management employee" means any employee
having significant responsibilities for formulating and administering city
policies and programs, including, but not limited to, the Chief Administrative
Officer, department heads, and such of their principal subordinates as are
so designated by the Director based upon recommendation of the Chief
Administrative Officer or department head concerned.
(k) "Fact finding" means the Identification of the major issues
in a particular dispute, a review of the position of the parties, and the
making of findings of fact on the issues in dispute, without recommendation
(other than the finding of mitigating facts under subsection (d) of Section
2-1915). unless requested, in writing by all parties to the dispute, to make
recommendations. A fact finder Is an impartial person or a three-member
panel skilled In matters of employer-employee relations, selected by mutual
agreement of the affected parties.
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Municipal Code City of Fresno Sec. 2-1903(1)
(1) "Formal recognition" means the right of a formally recognized
employee organization or a joint council, which has shown, pursuant to
Sections 2-1910 and 2-1911, that it represents a majority of employees in an
appropriate unit, to meet and confer In good faith as the formally recognized
representative of employees In an appropriate unit.
(m) "Impasse" means:
(1) a deadlock in the annual meet and confer process be-
tween a formally recognized representative and the city over any matters
concerning which they arc required to meet and confer In good faith.
or over the scope of such subject matter, or
(2) any unresolved complaint by an affected employee or-
ganization, advanced In good faith, concerning a decision of the Director
made pursuant to Section 2-1910 or 2-1911.
(n) "Joint Council" means two or more employee organizations
which have joined together for the purpose of seeking or exercising representa-
tion rights for an apropriate unit.
(o) "A majority" or "the majority" means "at least fifty per-
cent plus one."
(p) "Management employee" means an executive management
employee or a supervisory management employee.
(q) "Mediation" or "conciliation" means the efforts of an im-
partial third person or persons, functioning in the capacity of intermediary,
to assist the parties in reaching a voluntary resolution of an impasse, through
Interpretation, suggestion, and advice. "Mediation" and "conciliation" are
Interchangeable terms.
(r) "Meet and confer in good faith" (sometimes referred to
herein as "meet and confer" or "meeting and conferring") means the per-
formance, by the Director or his duly authorized representative, and by the
duly authorized representative of a formally recognized employee organization
of their mutual obligation to meet at reasonable times and to confer In good
faith regarding matters within the scope of representation In on effort to
(1) reach agreement on those matters within the authority of
such representatives, and
(2) reach agreement on what will be recommended to the
Council on those matters within the decision-making authority of the
Council.
"Meet and confer in good faith" does not require either party to agree to a
proposal or to make a concession.
(s) "Peace officer" means a peace officer as defined in Section
830 of the California Penal Code, except that, for the purposes of this
article only, "peace officer" does not mean a park patrolman or a member
of the fire department, whether the latter be serving as a member of an
arson-Investigating unit, as a deputy or assistant state fire marshal, or In
any capacity wherein the member would have the status of peace officer for
purposes other than that of this article.
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Municipal Code City of Prmno Sec. 2-1901
(I) "Profeulonal employee" ntenni employers engaged In work
requiring specialized knowledge end skills attained through completion of n
recognized course of instruction, Including, but not limited to, attorneys,
physicians, registered nurses, engineers, architects, teachers, and various
types of physical, chemical, and biological scientists.
(u) "Public safety service" means every employee who is a
"fireman" or "policeman" as defined in Section 2-1701 (22) and (23).
(v) "Recognized employee organization" means an employee
organization which has been granted formal recognition by the Director
pursuant to Sections 2-1910 and 2-1911 or its duly authorized representative.
(w) "Scope of representation" means all matters relating to
employer-employee relations, Including, but not limited to, wages, hours,
and other terms and conditions of employment. Employee rights, as set forth
In Section 2-1904. and city rights as set forth in Section 2-l905(a). are
excluded from the scope of representation.
(x) "Supervisory management employee" means any employee
having authority to effectively recommend the transfer, suspension, lay-off.
recall, promotion, discharge, assignment, adjustment of grievances, or
discipline of other employees, or having the responsibility to direct them if,
In connection with the foregoing, (he exercise of such authority is not of ;i
merely routine or clerical nature, but requires the use of Independent Judg-
ment. In order to differentiate leadmen from supervisory management em-
ployees, the allocation of classes to supervisory management categories for
the purpose of assignment to supervisory management employee representation
unita shall be contingent on meeting both of the following minimum criteria:
(1) Employees In the class should perform a variety of the
supervisory tasks listed above, but these tasks must include.
(1) assigning work to subordinate employees.
(II) reviewing the work of subordinate employees.
(ill) evaluating the performance of subordinates, when
required under any program of' employee performance evaluation, and
(iv) the authority to effectively recommend the adjustment
of grievances.
(2) No class shall be allocated to a supervisory management
category unless the Job duties of a majority of the positions therein
(I) require the incumbent to spend a minimum of twenty
percent of his time engaged In performing the supervisory duties
listed In (I).
(II) Include the supervision regularly of at least three
subordinate employees, and
(ill) are such that the incumbent does not engage in work
similar to that of his subordinates more than forty percent of his time.
(Added Ord. 72-1. 1972).
SECTION 2-1904. EMPLOYEE RIGHTS. Employees shall have the
right to form. join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters of employer-
employee relations Including, but not limited to, wages, hours, and other terms
1-72 gg Reprint 2
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Municipal Code City of Fresno Sec. 2-1905
and conditions of employment. Employees shall have the right to refuse to Join
or participate In the activities of employee organizations and shall have the
right to represent themselves Individually In their employment relations with
the city. No employees shall be Interfered with. Intimidated, restrained, coerced.
or discriminated against by the city or by an employee or an employee
organization because of his exercise of any of these rights. No management
employee or confidential employee shall act as a representative of any
employee organization which represents employees other than managment
employees or confidential employees (Added Ord. 72-1. 1972).
SECTION 2-1905. CITY RIGHTS
(a) The exclusive rights of the city include, but arc not limited
to, the right to
(I) determine the mission of its constituent departments.
divisions, commissions, and boards;
(2) set standards of service and municipal fees'and charges,
(3) determine the procedures and standards of selection for
employment, assignment, transfer, and promotion:
(4) direct its employees,
(5) take disciplinary action;
(6) relieve its employees from duty because of lack of work
or for other legitimate reasons;
(7) maintain the efficiency of governmental operations:
(8) determine the methods, means, and personnel by which
government operations are to be conducted.
(9) .determine the content of job classifications.
(10) take all necessary actions to carry out its mission in
emergencies;
(II) exercise complete control and discretion over it.s organiza-
tion and the technology of performing its work.
(b) All rights formerly or presently claimed by or vested in
the city on the effective date of this article and not mentioned In subsection
(a) are retained by the city unless explicitly waived by the city by resolu-
tion of the Council or by Council-approved memorandum of understanding.
(Added Ord. 72-1. 1972).
SECTION 2-1906 MEET AND CONFER IN GOOD FAITH. SCOPE
(a) The city, through the Director, shall meet and confer in
good faith with representatives of employee organizations and joint councils,
having formal recognition, regarding matters within the scope of representa-
tion within the appropriate unit.
(b) The city shall not be required to meet and confer in good
faith on any subject preempted by federal or state law or by the Charter,
nor on employee rights or city rights as described in Section 2-1904 or sub-
section (a) of Section 2-1905 Proposed amendments to this article arc ex-
cluded from the requirement to meet*and confer. (Added Ord. 72-1, 1972)
SECTION 2-1907. CONSULTATION IN GOOD FAITH. SCOPE.
All matters affecting employer-employee relations, including those that are not
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Municipal Code Qty of Fresno Sec. 2-1908
object to meeting and conferring, arc subject (o consultation. The city, through
the Director, shall consult In good faith with any employee or his representa-
tive on employer-employee relations matters which affect the employee.
(Added Ord. 72-1.1972).
SECTION 2-1908. ADVANCE NOTICE.
() Except provided In mitiircllon (l>) of this irctlon, ndv.ince
written notice shall be given by the Director to cncli recognised i-mployrc
organization affected by any ordinance, rule, resolution, or regulation
directly relating to matters within the scope of representation and proposed
to be adopted by the Director, by the Council, or by any board or com-
mission of the city, and each such organization shall be given the opportunity
to consult with the Director prior to such adoption.
(b) In cases of emergency when the Director or the Council or
any board or commission of the city adopts immediately an ordinance, rule.
resolution, or regulation directly relating to matters within the scope of
representation without prior notice or consultation with a recognized em-
ployee organizaion, the Director shall provide such notice and opportunity
to consult at an early practicable time following the adoption of such ordin-
ance, rule, resolution, or regulation (Added Ord. 72-1, 1972).
SECTION 2-1909. APPROPRIATE UNIT.
(a) The Director may, and after review of a petition filed
by an -employee organization seeking recognition pursuant to Section 2-1910
shall, determine the appropriate unit or units. Prior to making such deter.
mlnatlon he shall consult with any employee organization which has filed
such a petition relevant to the determination and any affected or interested
employee or employee organization. The consultation shall be for the pur-
pose of the obtaining of employee and organization views on any proposed
determination. Including effect and operation of criteria stated in this section.
The consultation time and place shall be set by the Director; consultation
hall be Informal and occur after reasonable notice has been given to such
employees and organizations.
(b) The principal criterion in determining the appropriate unit
hall be that the broadest feasible unit, based upon the internal and occupa-
tional community of interest among the employees therein, shall be estab-
lished. The following factors, among others, arc to be considered in making
such determination:
(1) which unit will assure employees the fullest freedom in
the exercise of rights set forth under this article,
(2) the history of employee relations
(1) In the proposed unit,
(11) among other employees of the city, and
(111) In similar public employment;
(3) the effect of the unit on the efficient operation of the
city and sound employer-employee relations; and
(4) the extent to which employees have common skills, work-
Ing conditions. Job duties, or educational requirements.
(c) In the determination of the appropriate unit, the Director
shall apply the following rules
1-12 101 Reprint 4
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Municipal Code City of Fresno Sec. 2-1910
(I) Except In the cnsc of confldrutlnl employees, n Plngle
class of employees shall not be divided among two or more appropriate
units:
(2) no unit shall be deemed appropriate solely on the basis
of the extent to which employees In the proposed unit have organized;
(3) professional employees shall not be denied the right to
be represented separately from nonprofessional employees;
(4) confidential employees shall not be included in the same
unit as nonconfidential employees; and
(5) management employees shall not be included in the same
unit with nonmanagement employees; provided, however, that an employee
classified as a Fire Captain or Police Sergeant may by secret ballot
election, pursuant to Section 2-1911, elect to be included in the same
unit as nonsupcrvisory public safety services employees.
(d) Peace officers may form, join, participate in, and be
represented by employee organizations of their own choosing for the pur-
pose of representation on all matters of employer-employee relations as
provided by this article, provided such employee organizations
(1) are composed solely of such peace officers;
(2) concern themselves solely and exclusively with wages,
hours, working conditions, welfare programs, and advancement of academic
and vocational training In furtherance of the police profession, and
(3) are not subordinate to any other organization which
does not conform to (1) and (2). (Added Ord. 72-1, 1972).
SECTION 2-1910. PETITION FOR FORMAL RECOGNITION.
(a) An employee organization or joint council that seeks formal
recognition shall file' a petition with the Director, In such form as the Director
may prescribe, containing the following information and documentation.
(1) Name and address of the employee organization.
(2) Titles of its officers and names of incumbents therein.
(3) Names and titles of authorized employee organization
representatives.
(4) A statement that the employee organization, as one of its
primary purposes, represents employees In their employment relations
with the city.
(5) Whether the employee ' organization is a chapter or
local of, or affiliated directly or indirectly in any manner with, a regional,
state, national or international organization, and. if so. the name and address
of each such regional, state, or international organization.
(6) Copies of the employee organization's constitution or
articles of incorporation and bylaws. Including all amendments thereof.
certified as true copies by an officer of the organization.
(7) A designation of the person, and his address, to whom
notice will be deemed sufficient notice on the employee organization for
any purpose.
(8) A statement that the employee organization recognizes.
and has explained to its numbers, the applicability of Section 2-1923 of
this article, and the inapplicability of Section 923 of the California Labor
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Municipal Code City of Fresno Sec. 2-1910(b)
Code, to city employee*.
(9) A statement that the employee organization does not
and will not impose any restriction on membership based on race, color,
creed, sex, age. or national origin.
(10) A list of all the classes and the number of employees
in each class In the unit claimed to be the appropriate unit.
(11) Written proof, as described In subsection (c), each
dated by the signer within three month* of the date upon which the petition
is filed, to establish that a minimum of thirty percent of the employer.-.
eligible to vote In the unit claimed to be the appropriate unit have
designated the employee organization to represent them In their employ-
ment relations with the city. Such written proof shall be furnished by
submission with the petition of employee designations In the form required
by subsection (c).
(12) A request that the Director grant formal recognition to
the employee organization by recognizing it as the representative of the
employees in the unit claimed In the petition to be the appropriate unit.
(b) The petition, including all accompanying documents, shall
be verified under penalty of perjury by the Executive Officer or Secretary
of the employee organization. If the petitioner is a Joint council, information
required by this section shall be supplied for each employee organization
participating in the joint council. Ihe Director may require additional
specific information of any matter required to be included In the petition,
and may require the periodic updating of all or any portion of the informa-
tion.
(c) Written proof of the designation of the employee organiza-
tion to represent any employee shall be made, utilizing substantially the
following language'and form.
EMPLOYEE'S DESIGNATION OF EMPLOYEE
ORGANIZATION TO REPRESENT THE EMPLOYEE
IN THE EMPLOYEE'S RELATIONS WITH THE .
CITY OF FRESNO
The undersigned, being an employee of the City of Fresno, hereby
designates
(Name of Organization)
to represent the undersigned in all matters relating to employment conditions
and employer-employee relations.
I understand the above organization will present this to the Director of
Personnel and Labor Relations in order to become recognized by the City
as my representative; that I am not required to sign this document, and I do
so of my own free choice; and that until this designation is revoked by me in
writing, I cannot have another organization represent me.
I acknowledge that the above organization has explained to me the
applicability of Fresno Municipal Code Section 2-1923 and the inapplicability
of California Labor Code Section 923, to City employees
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Municipal Code Qty of Fresno Sec. 2-1911
Employee's Name.
Class/Job Title.
Department or Division-
Dated this dny of . 19 . at Fresno.
Cnllfornlu.
Slgimture of Employee
(d) No employee shall be represented by more than one
recognized employee organization. (Added Ord. 72-1, 1972).
SECTION 2-1911. ELECTIONS. FORMAL RECOGNITION.
(a) After the appropriate unit has been determined pursuant to
Section 2-1909, and after the Director has received a petition filed pursuant
to Section 2-1910 with written proof that the petition represents a minimum
of thirty percent of the employees eligible to vote in such appropriate unit.
the Director shall arrange for a secret ballot election to determine the
recognized employee organization for such appropriate unit. The election
may be conducted by the State Conciliation Service or by any other
independent organization providing election services when such other organiza-
tion is selected by mutual agreement of the Director and any employee
organizations having qualified for the ballot prior to the time arrangement
for the election is made.
(b) Not less than thirty days before the date fixed for the
closing of the ballot for any election, the Director shall give notice of the
election. Such notice shall he headed "Notice of Election to Determine
Employee Representative," and shall contain
(1) a description of the appropriate unit or units for which
the election will be held,
(2) 'the date of the election,
(3) the hours during which the polls will be open for voting,
provided that the polls shall be open for not less than six hours between
6 a.m. and 7 p.m.;
(4) the date and hour of the closing of the ballot for inclusion
of names of employee organizations;
(5) the date and hour on or before which petitions pursuant
to Section 2-1910 must be filed with the Director In order to be con-
sidered for Inclusion of the name of the filing employee organization on
the ballot.
(6) the name of each employee organization which, as of
the date of notice, has qualified for inclusion on the ballot.
(7) such other information relating to the election as the
Director shall deem appropriate.
The notice shall be mailed to each employee organization which has filed
with the Director a written request for notice of elections to be held under
this section, and shall be posted on such bulletin boards on city premises
and given such other publicity as In the Judgment of the Director will be
1-72 104 Reprint J
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Municipal Code City of Fresno Sec. 2-1911 (c)
moil likely to Inform the affected employee* nnd employee orgnniztalans.
The Applicability of nil or tiny pnrt of this subsection to uny election con
ducted by the State Conciliation Service or oilier organization slinll lie n»
determined by that ngcncy.
(c) Any employee organization shall be entitled to be Included
on the ballot for any election, provided It shall have.
(1) on or before the tune specified in the notice of the
election for the last filing of petitions, filed a petition pursuant to Section
2-1910 with written proof that such oragmzation represents ten percent
of the employees eligible to vote in the appropriate unit within which
the election Is to be held; and
(2) on or before the time specified in the notice of the
election for the closing of the ballot, deposited with the Controller its
pro rata share of the Director's estimate of the total cost of the election.
together with Its written agreement to pay its pro rata share of the actual
cost of the election.
The choice of "no organization" shall also be included on the ballot.
(d) All employees shall be eligible to vote who were employed
in positions within the appropriate unit on the last day of the pay period
immediately prior to the date which Is fifteen days before the election.
and who are employed by the city In the same appropriate unit on the date
of the election. An employee organization shall be granted formal recognition
following announcement of the results of an election
(1) if the employee orgnizatlon received the votes of .1
majority of all the employees eligible to vote in the appropriate unit in
which the election is held, or
(2) if at least sixty percent of the total number of employees
in the appropriate unit eligible to vote voted In the election, and the
employee organization received a majority of all votes cast in the election.
The employee organization so granted formal recognition shall be the only
employee organization entitled to meet and confer in good faith as the
representative of employees In such appropriate unit on matters within the
scope of representation.
(e) When an election involving three or more choices results
In none of the choices having received a majority of the votes cast, and at
least sixty percent of the total number of employees in the unit eligible
to vote voted In the election, a run-off election shall be conducted promptly
thereafter between the two choices receiving the largest number of votes
cast. The rules governing an initial election shall also apply to a run-off
election. There shall be no more than one initial and one run-off election
In a twelve-month period within the same unit. The twelve-month period
shall commence on the date of the initial election, or, if there is a run-off
election, the date of the run-off election.
(f) The cost of the election shall be paid by the employee
organizations appearing on the ballot. The cost of the election will be
shared on a prorated basis as follows: The votes cast for each employee
organization appearing on the ballot will be totaled and equated to one
1-72 ., Reprint 1
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Municipal Code City oF Fresno Sec. 2-1912
hundred percent of the cost of the election, Each employee organization
oppcurlnu on the ballot shnll pny nn nmount equal to Its percentage of the
total vote* emit In the election.
(g) Tlii* recognition rights of a recognized employee orgnnlsntlon
designated In accordance with this section shall not be subject to challenge
by election for a period of at least twelve months following the date of such
recognition. (Added Ord. 72-1. 1972).
SECTION 2-1912. REVOCATION OF REPRESENTATION.
(a) A petition for revocation alleging that an employee organiza-
tion granted formal recognition Is no longer the representative of a majority
of the employees in an appropriate unit may be filed with the Director only
during the last two months of any calendar year following the year in
which formal recognition was granted. The petition for revocation may be
filed by an employee, a group of employees or their representative, or an
employee organization. The petition, Including all accompanying documents.
shall be verified under penalty of perjury by the person signing it that its
contents are true. The petition for revocation shall be filed with the Director
and shall contain the following:
(1) The name, address, and telephone number of the petitioner
and a designated representative authorized to receive notices or requests
for further information;
(2) The name of the formally recognized employee oiganiza-
Uon whose recognition Is sought to be revoked;
(3) An allegation that the formally recognized employee
organization no longer represents a majority of the employees in the
appropriate unit: and
(4) The signatures of at least thirty percent of the employees
in the unit dated by the signers within three months of the date upon
which the petition Is filed.
(b) If the Director finds that the petition complies with sub-
section (a) above he shall, upon receipt of the deposit required by sub-
section (d), arrange for a secret ballot election which may be conducted by
the State Conciliation Service to determine if the formally recognized
employee organization shall retain its recognition rights. Formal recognition
of such employee organization shall be revoked by the Director if a majority
of those voting In such election vote for revocation.
(c) The Director shall fix a date for the election for revoca-
tion which shall not be less than thirty nor more than sixty days after the
filing of the petition. The Director may consolidate any election for revoca-
tion with an election on a petition for formal recognition as majority
representative of the same unit, provided the petition for formal recognition
is filed at the same time as or within thirty days after the filing of the
petition for revocation.
(d) Petitioner shall deposit with the Controller an amount
equal to the Director's estimate of the cost of the election, and the total
cost of the election shall be p.vd by the petitioner, provided, however, if the
revocation election is consolidated with an flection for formal iccognition
1-72 106 Reprint 2
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Municipal Code City of Fresno Sec. 2-1913
pursuant to subsection (c), the costs of election shall be shared, and
deposits made, in accordance with Section 2-1911, subsections (b) and (e)
(e) There shall be no more than one revocation election in
the same unit in any twelve-month period. (Added Ord. 72-1. 1972).
SECTION 2-1913. MODIFICATION OF ESTABLISHED APPRO-
PRIATE UNIT. A petition for modification of an established appropriate unit
may be filed by nn employee organization with the Director during the
annual two-month period for filing a petition for revocation. The petition
for modification shall contain all of the information set forth In subsection (b)
of Section 2-1910, together with a statement of all relevant facts in support
of the proposed modified unit. The provisions of Section 2-1910, subsection
(b) (II) to the contrary notwithstanding, the petition shall be accompanied
by written proof that a majority of the employees within the proposed modified
unit have designated the employee organization to represent them in their
employment relations with the city. The Director, in accordance with Section
2-1909. shall determine whether the existing appropriate unit shall be modified
as proposed in the petition. If the Director determines that the proposed
modified unit Is a more appropriate unit, then he shall follow the procedures
set forth In Section 2-1911 for determining formal recognition rights in such
unit (Added Ord. 72-1. 1972).
SECTION 2-19H. DESIGNATION OF CITY REPRESENTATIVE.
The Director is designated as the city's representative In all matters subject
to the meet and confer process with authority to consult and to meet and
Confer in good faith on all matters within the scope of representation; pro* ided
that the Council may designate, by resolution, some other person as such
representative. .(Added Ord. 72-1. 1972).
SECTION 2-1915. UNFAIR EMPLOYEE RELATIONS PRACTICES
(a) It Is an unfair employee relations practice for an employee.
employee organization, or an employee representative
(I) to interfere with, restrain, or coerce any employee in the
exercise of his rights granted in this article, or
(2) to violate any provision of Section 2-1920 or 2-1921. or
(3) to discriminate against any employee because of race.
creed, sex, age, color, or national origin with regard to the terms and
conditions of membership in an employee organization; or
(4) to consult with an elective officer or member of a board
or commission of the city, other than at a scheduled public meeting of
the Council or the board or commission, on matters which have been
delegated to the Director pursuant to Section 2-1914 of this article and
which are currently the subject of discussions in the meet and confer
process.
(5) to fall, or refuse, to cooperate in impasse procedures
invoked pursuant to Section 2-1916, or
(6) for a formally recognized employee organization to fail.
or refuse, to meet and confer in good faith with the Director at reasonable
1-72 107 Reprint 2
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Mimlcip.il Code City of Fresno Sec. 2-1916
tlmc«, pliircs, und frrquenclri on iniittrm within the scope (if rcprrncnt.i
lion.
(b) It Is on unfair employee relations practice for an elective
officer or a member of a board or commission of the city, or an executive
management employee
(1) to Interfere with, restrain, or coerce any employee in the
exercise of his rights granted In this article: or
(2) to attempt to dominate or control any employee organiza-
tion, or
(3) to fail, or refuse, to cooperate in impasse procedures
invoked pursuant to Section 2-1916.
(c) It is an unfair employee relations practice for
(1) the Director to refuse to meet and confer in good faith
with the representative of a formally recognized employee organization
at reasonable times, places, and frequencies, or to consult within a reason-
able time after request; or
(2) an elective officer or member of a board or commission
of the city to consult with an employee, an employee organization, or an
employee representative, other than at a scheduled public meeting of the
Council or the board or commission, on matters which have been delegated
to the Director pursuant to Section 2-1914 and which are currently the
subject of discussion in the meet and confer process.
(d) A charge of an unfair employee relations practice may
be filed with the Director by an employee, employee organization representa-
tive, an elected official, or a management employee. Such charges shall be
processed by the Director who shall with reasonable promptness initiate a
fact-finding procedure. The fees and expenses of fact finders incurred
pursuant to this section shall be payable as follows If the unfair employee
relations practice charge is found to be true, the party charged shall bear
the costs of fact finding If the charge is found to be not true, the charging
party shall bear the costs of fact finding. If the fact finder finds facts
mitigating the charged party's conduct, the fact finder shall prorate the costs
accordingly. The fact finder's report shall be filed with the City Clerk
and shall be a public record (Added Ord. 72-1. 1972).
SECTION 2-1916. RESOLUTION OF IMPASSES.
(a) An impasse resulting from the meet and confer process
shall be resolved through the use of the impasse resolution procedures
prescribed by this section The Impasse resolution procedures may be initiated
only after the exhaustion of the possibility of resolution of the Impasse
through the meet and confer process
(b) Any party may initiate the impasse resolution procedures
sequence
(c) The impasse resolution procedures and the sequence in
1-72 108 Reprint 2
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Municipal Code City of Fresno Sec. 2-19l6(c)(l)
which they must be utilized shall be as follows:
(I) Impasse meeting:
(1) The party initiating the impasse resolution procedures
sequence shall deliver to the other party or parties Involved a written
demand for an impasse meeting together with a statement of the
Initiating party's position on all matters at impasse.
(II) Immediately after receipt or delivery by the Director
of the written demand, the Director shall schedule an impasse meeting.
The Director shall give at least 24 hours' written notice of the time
and place of such meeting to all other parties involved in the impasse.
(ill) Prior to or at the commencement of such meeting.
each party, who received a demand for or written notice of such
meetlng/snall deliver to each other party a statement of the position
of such party on all nwtters at Impasse.
flv) The purpose of the Impasse meeting is to permit a
review and clarification of the position of all parties on all matters
at Impasse In a further effort to reach agreement, and, if agreement
Is not reached on all matters at impasse, to select a further impasse
procedure for the matter or matters remaining at impasse.
(2) Mediation:
(1) Mediation may be initiated only by mutual agreement
of the parties at impasse.
(ii) The parties may, by mutual agreement, select only
the California State Conciliation Service or Federal Mediation and
Conciliation Service to mediate the impasse.
(ili) The mediator shall be presented a position statement
of each party on all matters at impasse.
(Iv) Mediation proceedings shall be private. Neither the
mediator nor party involved in the mediation shall make any public
recommendations or take any public position concerning the matters
at Impasse.
(3) Fact finding-
(I) If agreement Is nut attained on all m;itters ;it impasse
after ten days of mediation, any party who was a party in the
mediation procedure may demand fact finding
(ii) If agreement to mutually select the fact finder cannot
be attained within five days of receipt of the demand for fact finding,
the Civil Service Board shall designate the fact finder
(iii) Neither the Civil Service Board, nor any member
thereof, may be designated as the fact finder
(iv) Fact-finding proceedings shall be private Neither the
fact finder nor any party involved in the fact finding shall make
any public recommendation or take any public position concerning
the matters' at impose until after the fact finder's report has been
filed with the City Clerk.
2 109 Reprint 2
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Municipal Code City of Fresno Sec. 2-1917
(v) The fact finder's report shall contain no recommenda-
tions unless requested. In writing by all parties to the Imp.issc. to
make recommendations.
(vl) The fact flndrr's report shall be first delivered to
the parties at Impasse, within ten days after selection of the f.ict
finder, except such period mny be extended by mutual agreement
of the parties.
(vll) If an Impasse still exists five working days after
delivery of the fact finder's report to the parties at impasse, the
fact finder's report shall be filed with the City Clerk and shall be
public Information.
(4) Such other impasse resolution procedures as the parties
may agree upon.
(d) The sequence of the impasse resolution procedures specified
in subsection (c) hereof may be modified as follows.
(1) If the Director determines, from a review of the position
statements of the parties at impasse, delivered pursuant to subsection
(c) (I) (i) and (lii) that an impartial investigation and determination
of the facts will be likely to expedite an informed equitable resolution
of the matter at impasse, the Director may require that such matter at
Impasse be submitted to fact finding before resort is had to any other
impasse procedure.
(2) If the Director declines to agree to mediation on behalf
of the city and fails to initiate fact finding under (1), any party to the
impasse may require that the matter at impasse be submitted to fact
finding before resort Is had to any other impasse procedure
(e) Any fees and expenses of fact finders, mediators, or of
any other persons or agencies utilized pursuant to this section in furtherance
of the resolution 'of an impasse shall be paid one-half by the city and
one-half by the employee organization or organizations involved in the
Impasse. (Added Ord. 72-1. 1972).
SECTION 2-1917. GRIEVANCES.
(a) A grievance is any dispute concerning the interpretation
or application of this article, or rules or regulations governing personnel
practices or working conditions. A grievance involves the claimed mis-
application or misinterpretation of a rule or regulation relating to an existing
right or duty: It docs not relate to the establishment or abolition of a
right or duty.
(b) A grievance must be initiated within fifteen days after
the affected employee first knew or should have known of a grievable
action or event. If the Initiation of the grievance does not occur within
said fifteen days, the grievance is void.
(c) Grievances shall be processed in accordance with the
grievance procedure established by the Council by resolution Such griev-
ance procedure mav be modified by consultation or meeting and conferring.
(Added Ord. 72-1. 1972).
SECTION 2-191». MEMORANDUM OF UNDERSTANDING When
a meeting and conferring process is concluded between the Director and a
1-T2 110 Reprint 2
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Municipal Code City of Fresno Set. 2-1919
formally recognized employee organization, all agrccd-upon matters shall
be Incorporated In a written memorandum or memoranda of understanding
signed by the Director and the duly authorized representative. As to those
matters within the authority of the Council, the memorandum of understanding
signed by the Directo' and a duly authorized representative shall be submitted
to Council for determination. (Added Ord 72-1. 1972).
SECTION 2-1919. DUES CHECK-OFF.
(a) A formally recognized employee organization only may
have the regular dues of its members, within the appropriate unit for which
the employee organization has been formally recognized as the' representative,
deducted from their paychecks, in accordance with procedures prescribed
by the Controller Dues deduction shall be for specified uniform amounts
and shall be made only upon the voluntary written authorization of the
members.
(b) Due* deduction authorizations shall be made upon dues
authorization cards in the followlna form
DUES DEDUCTION AUTHORIZATION
I, . employed as a
(Print full name)
authorize and direct
(Print Classification/Job Title)
the Controller of the City of Fresno to make a payroll deduction from my
earnings for my employee organization dues in the amount of $
per payroll period, to be paid to
(Name of formally recognized employee organization)
This authorization may be canceled and the payroll deduction discontinued
upon written notice to the Controller during the last two months of a
calendar year following the first full year of formal recognition of said
organiztatlon.
The first deduction is authorized as soon as practicable after receipt of this
authorization by the Control!;-.
Date
Signature of Employee
(c) A dues deduction authorization may be canceled by .<
member, and the dues check-off payroll discontinued, during the last two
months of any calendar year following the first full ycnr of formal recogni-
tion, upon voluntary written notice to the Controller, on cards furnished
by the Controller In the following form
DUES DEDUCTION REVOCATION
I, , employed as n
(Print full name)
hereby cancel all dues
(Print Classification Title)
deduction authorization heretofore signed by me.
Date
Signature of Employer
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Municipal Code City of Fresno Sec. 2-1920
(d) The employee's earnings must be sufficient after other
legal and required deductions are made to cover the amount of the dues
deduction authorized. When an employee Is In a nonpay status for an
entire pay period, no dues deduction shall be made from future earnings
to cover that pay period, nor will the employee deposit with the Controller
the amount which would have been deducted If the employee had been
In a pay status during that period. In the case of an employee who Is In a
nonpay status during only a part of the pay period and the salary is not
sufficient to cover other legal and required deductions, no dues deduction
or deposit shall be made.
(e) A formally recognized employee organization for which
dues are deducted shall pay to the city a service charge equal to the cost
to the city, as determined by the Controller, of processing the dues deduc-
tions and check-off.
(f) Dues deducted by the city shall be transmitted to the
officer designated In writing by the formally recognized employee organization
as the person authorized to receive such funds, at the address specified.
(g) All formally recognized employee organizations who receive
dues check-off shall thereby Indemnify, defend, and hold the city harmless
against any claims made and against any suit instituted against the city on
account of deduction or check-off of employee organization dues. In addi-
tion, each formally recognized employee organization shall refund to the
city any amount transmitted in error, upon presentation of a claim therefor.
accompanied by supporting evidence. (Added Ord. 72-1, 1972).
SECTION 2-1920. REASONABLE TIME OFF TO MEET AND
CONFER. A formally recognized employee organization may select not
more than one employee member of such organization per appropriate unit to
attend scheduled meetings with the Director on subjects within the scope of
representation during regular work hours without loss of compensation. The
election of such employee member and his attendance at meetings during his
regular work hours shall be subject to tlic following:
(1) No employee reprr- ntatlve shall leave hi.s duty or work
station or assignment without specific approval of the department head or
other authorized executive management official.
(2) In scheduling meetings due consideration shall be given
to the operating needs and work schedules of the department in which
the employee member Is employed
(3) Th employee member of the formally recognized employee
organization, once selected and named to attend meetings, shall not be
substituted for except with concurrence of the Director.
(4) Meetings may be scheduled before or after regular duty
or work hours. (Added Ord. 72-1. 1972).
SECTION 2-1921 ACCESS TO WORK LOCATIONS Reasonable
access to employee work locations shall be granted officers of recognized
employee organizations and their officially designated representatives, for the
purpose of processing grievances or contacting members of their respective
organizations concerning business within the scope of representation. Such
officers or representatives shall not enter or be present at any work location
1-72 11O Rtpnnl I
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Municipal Code City of Fresno Sec. 2-1922
without the content of tlie Director. Consent of the Director niiiy be given
whenever I lie Director dctiTiiiliien Midi m.ren.1 or prr.smce will not Interfere ultli
the normal operation! of the depnrfineiit or with established mifely w urimlty
requirements Sollcltollon of mcmbciship and activities loncrincd with Ihc
Internal ninntigcment of an employee org.mlzntlon, such as collecting duos
holding membership meetings, campaigning for olflrc, conducting elections
and distributing literature, shall not be conducted during working hour<
(Added Ord. 72-1. 1972).
SECTION 2-1922. AVAILABILITY OF DATA.
(a) The city will make available to employee organizations
such nonconfidcntial information pertaining to employment relations as is
contained in the public records of the city, subject to the limitations and
conditions set forth in this article and Government Code Sections 6250-6260.
Such Information shall be made available during regular office hours in
accordance with the city's rules and procedures for making public records
available and after payment of any established charges therefor. Informa-
tion which shall be made available to employee organizations includes
regularly published data covering subjects under discussion. Data collected
on a promise to keep its source confidential may be made available in
statistical summaries, but shall not be made available in such form as to
disclose the source.
(b) Nothing In this section shall be construed as requiring the
city to do research for an Inquirer or to do programming or assemble data
In a manner other than usually done by the city. (Added Ord. 72-1. 1972)
SECTION 2-1923. PROHIBITION OF STRIKE OR WORK STOP-
PAGE.
(a) Participation by an employee In a strike or work stoppage
shall subject the employee to disciplinary action, up to and Including removal
from his position. No employee or employee organization, its representa-
tives, or members, shall engage or participate In, cause. Instigate, encourage.
or"condone a strike or work stoppage of any kind If a recognized employee
organization, Its representatives, or members, engage in, cause, instigate
encourage, or condone a strike or work stoppage of any kind, then, in
addition to any other lawful remedies or disclipmary actions, the Director
may, with Council approval, by written notice suspend or revoke the
recognition granted to such employee organization, may suspend or cancel
any or all payroll deductions payable to such organization, may prohibit
the use of city facilities or may prohibit access to work or duty stations by
such organization. As used in this section, "strike or work stoppage" means
any concerted abstention in whole or in part from the full, laithful perform-
ance of the duties of employment for the purpose of inducing, influencing.
or coercing a change In wages, hours, or other terms or conditions of employ-
ment Including, but not limited to, a failure to report to duty, a willful
absence from duty without authorized leave, a "sick-out" or "work to rule"
plan, or the stoppage or slowagc of work.
(b) Notwithstanding the optional exercise of any other remedies
or disciplinary actions, the city, its elective or appointed officials, shall not
Increase for a period of one year the wages or salary or fringe benefits
1-72 113 Rcp-int G
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Municipal Code City of Frc.sno Sec. 2-1924
of any employee who violates any provision of subsection (a).
(c) Any action of the Director taken under the provisions of
this section may be appealed to the Council by filing a written notice of
appeal with the City Clerk, accompanied by a complete statement setting
forth all of the grounds and substantiating data upon which the appeal is
based. Such notice of appc
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APPENDIX D
Driver and Safety Training for
Waste Disposal Employees
115
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DRIVER AND SAFETY TRAINING FOR WASTE DISPOSAL EMPLOYEES
The Waste Disposal Division's most important resource is you the
employee. Without you, the task of keeping Fresno clean would be
impossible. But to get the job done, you must be at work. When
you are absent due to an accident, you suffer and the City suffers.
Therefore, the purpose of the driver and Safety Training for Waste
Disposal Employees ,is to help you avoid the many accident causing
factors that you encounter each day in your work.
In order to reduce the ever increasing number of industrial and
vehicle accidents it has become necessary for every employee to
sharpen his skills and to start looking at safety in a new way*
You must look at accident avoidance selfishly. Tell yourself and
mean It, "When I work and drive safely, I am protecting my own
interests". A side affect, of course, is that you also protect
your fellow employees.
You can no longer consider yourself simply a swamper or driver.
You must look upon yourself as a proficient employee who knows
hie job well and does it well. If you do this, then accident and
injuries will be sharply reduced because a master workman knows
that safe work practices are part of his Job and not something
extra that the boss asked him to do.
Defensive driving and defensive work practices must become part
of you. Last year, several employees of the Waste Disposal
Division had to be retired or terminated because of injuries they
received on the job. Everyone of those could have been prevented.
What a terrible waste of human beings this loss represents. Yet,
in each case, safe driving or work practices could have prevented
the loss. Who's to blame? Does it really matter. The Important
thing is not to let it happen again.
o
In some way your supervisor can provide instruction on safe pro-
cedures, safety equipment, and advice, but when it comes right down
to the nitty gritty of working on the job, you are responsible for
your own safety.
116
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OBJECTIVE: Reduction of on-the-job Injuries and vehicle accidents
within the Waste Disposal Division
The daily work accidents should be reduced through individualized
training of employees in proper lifting, vehicle maintenance, proper
use and wearing of safety equipment, and familiarization with the
Waste Disposal safety regulations.
Vehicle accidents should be reduced by the use of a Vehicle Check Ride,
the Driver Safety Knowledge Evaluation and by individualized driver
training, using the Field Test Course.
INSTRUCTOR'S NOTES:
WASTE DISPOSAL DEPARTMENT
For -the first two months, testing material will be evaluated. During
this time material will be revised as the instructor deems necessary
to meet the objectives of the Truck Driver Testing Program.
PROCEDURES:
I. Every week, the instructor will be with a different crew out on
their dally route. Prior to the training period, a copy of the
Driver Safety Knowledge Evaluation will be given to the crew that
the Instructor will be with the following week.
NOTE: During the week the Waste Disposal Vehicle Check Ride will
be used to evaluate the crew members' deficiencies in the
areas of work performance and truck driving.
a) Improvement will be evaluated at the end of the week
by use of an individual score to be given each member.
His individual score will be a determining factor in
the combined score of the entire crew.
II. Sometime during the last three days of the week, training will bo
conducted on the Field Test Course. All crew members will be given
training on the course (Collectors included).
117
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EMPLOYEE FAMILIARIZATION INFORMATION
NEW EMPLOYEES
A. Division Safety Rules and Operating Procedures (See Attachment #1, page 1)
B. Proper Lifting Techniques (See Attachment #1, page 1)
a. Facts About Backs (film)
b. Herman the Demonstrator Dummy
C. Loading Mechanism on Truck
a. Levers and Emergency Shut-off Procedure for Packing Unit.
1. Two lexers - Outside lever activates the sweeper blade,
Inside lever activates the ram panel.
2. Emergency Shut-OFF - Raise either lever up.
D. Driving the Truck
a. Use of Daily Vehicle Dispatch (See Attachment 12)
b. Starting Engine
1. Stop lever down (between the two seats)
2. Transmission In neutral
3. Turn key to the right and start engine
c. Proper Driving Procedures
I. Laws and Regulations (See Attachment #1, pages 4-5)
2. Turns and Proper Stops (See Attachment #1, page 5)
3. Choice in Lanes (See Attachment #1, page 5)
4. Backing the Truck (See Attachment #1, page 5)
5. Location of Parking Brakes
1. Parking brake on the dnsh board
2. Located between the two seats
6. Proper crew position during new pickup operation (See
Attachment #1, page 3)
d. Shutting Down Truck Engine
1. Pull stop lever "out"
2. Turn the key off
OLD EMPLOYEES
General vehicle preventative maintenance information:
1. Review of vehicle and personal safety rules. (See Attachment #1)
2. Properly fill out Daily Vehicle Dispatch (Sign for steam cleaning of
steps, to remove excess grease whenever necessary). (See Attachment #2)
3. Location of air tanks and fuel filters on specific vehicles (Standard
operating Procedure).
a. Air Tank - under the front, behind the bumper.
b. Fuel Filter - by the fuel tank, right side of vehicle.
4. Check ride over designated course. (See Attachment #4-5)
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ATTACHMENT #1
CITY OF FRESNO
WASTE DISPOSAL DIVISION
SAFETY RULES AND PROCEDURES
GENERAL SAFETY RULES
1. Supervisors shall be held responsible for tamtli.nri.zing employees wltli liazurds of
the job and the beet way to deal with them.
2. Supervisors shall continuously observe his work area, equipment and procedure for
ciafety hazards.
3. If you are not sure how to do a job safely, ask your supervisor. Report unsafe
conditions.
4. Horseplay, scuffling and other distracting acts, tending to adversely influence
safety shall be prohibited.
5. There shall be no interference with persons operating machinery or the use of
uafety procedures.
6. Any by-passing, overriding, making ineffective,displacing, damaging or carrying
off of any safety device is prohibited.
7. No employee shall operate mechanical or electrical equipment, except in a manner
approved by his supervisor.
8. Always inspect equipment and insure it is safe before using.
9. Always make sure your machinery and materials are in good condition.
10. Properly wear and remove safety equipment.
11. Take an active part in and cooperate in safety program - accident investigations,
inspections, safety meetings, safety reports, analysis tests of equipment, physical
examinations, enforcement of rules.
12. Reprot all accidents or injuries to your supervisor at once.
13. Lift properly, seek assistance if necessary.
14. No1 one other than City employees shall be permitted to work with City equipment.
LIFTING PROCEDURES
1. Size up the load. If It seems more than you can handle yourself, either get help
or use mechanical lifting device.
2. Face the load squarely and get a firm footing, feet planted and properly sprend
10" to 12" apart.
3. Never lift from a kneeling position or with one knee touching the floor or ground.
4. Always bend your knees and get a good grip on the load.
119
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5. Keep a straight back and use lego to lift (lift by straightening legs).
6. Keep load close to the body and lift slowly and evenly.
7. Do not twist the body to change direction. Change foot position by shifting feet.
8. When "team lifting", let only one man give signals while both or all lift together.
9. Never lift with one hand.
10. Be sure and test weight before fully lifting; (limit weight of container and content.'
to 70 Ibs.). This also applies to special hauls. Other material is to be limited
to 70 Ibs. per employee.
EQUIPMENT
1. Machinery or equipment shall not be operated in a manner that will endanger
persons or property, nor shall the safe operating speeds or loads be exceeded.
2. Safety devices are meant to protect you, so always use them.
3. Always make sure equipment is in good condition before using.
4. Safety in foot protection is a must. Never wear tennis or dress shoes on the job.
Heavy containers dp fall and feet must be protected. Boots with steel toes are
preferred.
5. Gloves must be worn. This, along with safe procedures, should protect the hands
and lessen chances of any accidents.
6. Torn clothing and/loose, poor fitting inappropriate type, or torn shoes will not
be permitted on the job.
USE OF SAFETY GLASSES AND BUMP CAPS
Safety glasses and bump caps shall be worn on the job at all times! The exceptions arc
as follows:
1. When doing routine office work.
2. When determined, in writing, by a medical doctor that the wearing of safety
glasses by an employee causes skin irritation, headache, or eye strain, etc.
Without exception, safety glasses and bump caps will be in the employee's possession
regardless of work assignment. Employees who report to work without the required
equipment will not be permitted to work until he returns with the proper equipment.
Safety glasses and bump caps broken on the job will be repaired by the City. Glasses
broken off the job will be repaired by employee. LOST glasses to be replaced
immediately by employee.
* This also applies to Bump Cape.
120
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LOADING PROCEDURES
1. Mover try to manipulate anything while packer blade Is In operation.
2. Drivers shall nee that all equipment In out of hopper before putting packing
unit Into Ronr.
3. Never hold on to truck while It Is in cycle*
4. Always stand 3 or 4 feet clear of the truck, so that if a turnbuckle does not
hold, you will not be hit.
5. .Be.careful when moving heavy wheeled containers as they are a potential foot
.and hand danger when moved carelessly.
6. Make sure that wires or branches will not interfere with loading. If they are
an obstacle, please report to office.
7. Do not use feet or hands to push straggling refuse into hopper while blade is in
cycle.
8. Never ride or stand on truck lifts.'
9. Never get in or out of truck cab or jump on bucket while truck is in motion.
10. Never jump curbs unless in an emergency.
11. To avoid having the truck back-up into you or pull away'from you, always approach
the hopper from the side - not the rear.
12. Do not touch inside of hopper when truck is in motion.
13. Always stand clear of the hopper (Example: beside the truck) when the packing
mechanism blade is in cycle.
14. Undo the hopper only after reaching the dump area at the fill.
RESPONSIBILITIES
1. Each employee is to be responsible for being positively sure how the packer
works, to know its hazards, limitations and safety devices. Lack of this know-
ledge or awareness of an equipment defect are to be reported at once. Each
employee is also ultimately responsible for his own safety.
2. Drivers are responsible for their vehicles and how the vehicle Is being used by
his helpers.
3. The supervisor will be responsible for the training and instruction of his men.
He should periodically have refresher training and inspection for all workers.
He is also responsible for issuance of required safety equipment.
4. Drivers will not allow employees to board or to alight from truck when it is
moving.
a. There will be no crowding or pushing when entering or exiting from a vehicle.
121
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PRECAUTIONS
1. Never put refuse in hopper when truck is full.
2. Never ncllvntr pncklng median!«m when hopper in not dogged down.
3. Never drlvo with bnd brnkon, park the vehicle and call the shop for assistance.
4. Overheated brakes must be allowed to cool.
5. Always set hand or foot brake when truck is to be at rest.
DISPOSAL SITE PROCEDURES
1. Always follow the directions of disposal site attendants.
2. Loader shall assist the driver in any manuvering.
3. Crews shnll not remain at. the disposal site any longer than necessary.
4. When tailgate is in raised position'never have yourself or any part of body
between truck body and raised tailgate.
GENERAL DRIVING RULES
1. Observe traffic laws; obey signals and signs and speed limits.
2. Watch the other driver, give him the benefit of the doubt and your right of way
to prevent a collision.
3. Maintain a safe interval between your vehicle and the one in front. (At least
one truck length for every 10 mph of your speed with exceptions being observed
in bad driving conditions,- more distance is needed then).
a. Avoid jamming on brakes, especially booster brakes.
A. Take into account adverse conditions:
a. On wet days - slow down.
b. Pump brakes to keep wheels from locking.
c. In heavy traffic slow down ^ keep following distance.
5. Do not mix drinking and driving.
6. Use sent belts (Where applicable).
7. Pass cars only when safe.
a. When a car tries to pass you, slow down and help him get back in his own
lane, if necessary.
8. Make sun- vehicles comply with all vehicle regulations i.e. truck routes,
markings, otc.
122
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9. Cross all railroad tracks at slow rate of speed (approximately 5 mph).
REFUSE COLLECTION DRIVING
1. All employees who drive truck must have valid driver's license.
2. Daymen ore nut permitted to drive truck. After June 30, 1972, no employee,
other than dcal?,natcd truck driver may drive truck unless he has completed
(1) the Drlvc-r Check Ride, and Field Tost Course and the 8 hour Defensive
Driving Course and (2) has been ieuued a City Driving Permit.
3. Drivers shall be rcsponsiBle for cleaning any refuse from their trucks.
Drivers are responsible for safe operation of truck. If they permit someone
else to drive they arc still responsible to insure safe driving rules are
followed. Drive the truck as if it were your own. Start and stop smoothly.
4. Make sure the transmission is in neutral before starting engine. Never start.
engine from outside the cab.
5. Always use low gear at the dumpsite or when starting truck from dead stop. On
route, use second gear from stop to stop. Always use good judgement.
6. Keep a constant check on your instrument panel.
7. Make sure of your overhead clearance before driving under a low wire, building
or trees. Never dump your bucket without checking overhead.
8. Do not t.uin around in private driveways.
9. Use your turn signals in plenty of time, before turning or changing lanes. Use
4-way flashers when making your pickup on a busy street.
10. Always watch out for people and animals while driving.
11. Employees must ride in designated areas.
a. No riding in hoppers or buckets.
b. No riding on loads.
c. In transit, all employees shall ride within the truck cab.
12. Never back up unless it is absolutely necessary. If necessary then:
a. Always back up slowly.
b. Do n«t back until you are sure a co-worker is at the rear of truck (not on truck)
to assist with backing at all Limes. He should be guiding you with hand
signals and should be visible through sidcvicw mirror.
c. Always be especially careful around houses: Watch out for corners, garages,
hedges and people.
d. No employee1 will ride on the rear or sides of the truck while it is backing.
13. Driver should inspect footwear and ace that it is free from mud, oil or excessive-
water to prevent them from slipping on floor or pedals.
14. Turnhurklo!! shell 1 be secured on mar unit each day before leaving y.nrd and after
dumping t*.ic h load, and shall remain tightened until ready to dump the load.
123
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IS. Truck should be chocked before being taken out of yard - for faulty brakes,
steering gear, horn, lights, etc.
16. Always park as close to curb as is possible. Cars should not have to cross
center divider to get around a parked truck.
NON COMPLIANCE WITH ANY OF THE FOREGOING OPERATING AND SAFETY PROCEDURES IS CAUSE
FOR DISCIPLINARY ACTION.
Municipal Code 2-1666, Section A and B, subsection 4, page 72.
Issued and posted - October 1, 1970
Revised and posted February 15, 1972
124
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City of Fresno
DAILY VEHICLE DISPATCH
Truck No.-
Mileage-
Date-
Check each item Satisfactory
or Repair
Item
1 . Oil and Water Levels
2. Head Lights
3. Tail Lights
4. Stop Lights
5. Turn Signals
6. Clearance Lights
7. Gauges, Water, Oil, etc.
8. Tire Condition
9. Brakes
10. Steering
11. Horn
12. Mirrors
13. Windshield Wipers
14. Attached Units
Before
Operation
After
Operation
Remarks and Service Requests:
Signed-
Driver
125
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ATTACHMENT
DRIVER SAFETY KNOWLEDGE EVALUATION
(THIS IS NOT A TES,T)
1.) In Che event of an automobile collision, not on City Property,
the employee is required to:
Care for the injured
Notify the Police Department
Complete the accident report form which is kept in
every vehicle glove compartment
Notify his supervisor
__ All of the above
2i) The employee should notify the Police:
If it is a MAJOR collision
If it is a MINOR collision
Whether it is a MAJOR or MINOR collision
The Defensive Driver should know:
J»i When approaching a traffic signal showing a green light, you
should:
________ Pqise yqur foot over the brake so. yqu can stop quickly
if the light changes at the last minute or someone in
illegally going through the light
__ Speed up so that you can reach the intersection before
' a yellow, light appears
_______ S,lo,w to almo.st a stop
4,.), In heavy traffic it is best to:
______ Pass cars, or change lanes until yo,u find an open space
Provide a safety space between you and the other drivers,
~and drive at the speed of other- traffic providing they
are moving no faster than the posted speed limit
P.riye slowly on the extreme right
!}.)/ Mo,3L traffic accidents are the result of:
__^___ Mechanica.l defects of the car
Bad weather cond.it io.ns
Errors in the driver's judgment
126
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Driver Safety Knowledge Evaluation Cont'd.
Page 2
6.) Before you operate a vehicle you nhould:
_____ Adjust mirrors and seats
_ Fasten seat belts
__ Familiarize yourself with the drive or gear selection
system before starting the car
__ Check the vehicle equipment to be sure it is in safe
operating condition
All of the above
7.) When you see a bus ahead on your right stopped to let off
passengers and blocking your view of cross walk, you should:
______ Slow down and watch out for pedestrians
Sound your horn so pedestrians hear you and so the
bus will not pull -out in front of you
_ Come to a complete stop
8.) Which of these turning movements IB involved in the greatest
number of accidents/What is a safety precaution to use?
Turns to the right/Signal your intentions
Turns to the left/Wait until it is safe and keep vehicle
wheels pointed straight while waiting to turn
______ Turns into private driveways/Signal your intentions
^____ U turns/Avoid them as much as possible
9.) Your car has entered an intersection when you notice a driver
bluffing his way forward from a side street into your path.
You should:
_____ Blow your horn and get his attention
Pretend not to see him so he will back up to his
correct position
______ Move to your left and pass him to avoid an accident
Slow down or stop until it is safe to proceed
10.) You are driving at the posted speed limit and a driver behind you
sounds his horn and starts to pass. You should:
_____ Hold speed steady and let him pass
______ Block him and let him know he cannot bully you around
Speed up to get out of his way . _ ^
Don't let him shake you up, continue lo drive at, if he IO^ f
wasn't there
-------
Driver Safety Knowledge Evaluation Cont'd.
Page 3
11.) When backing a City vehicle, you should:
_ Be sure your observers are in position before starting to back
Check both sides of the vehicle
_______ Place right arm on seat back and then back vehicle
Back slowly end smoothly
. All of the above
12.) The likelihood'of a rear-end collision can be reduced if you allow:
One car length for every 10 mph of speed under good
conditions
_______ One car length for every 30 mph of speed
. One car length for every 10 mph of speed under all
conditions
13.) Reaction Distance is the:
, Number of feet your car travels between the time you apply
the brakes and your car actually stops
______ Time it takes you to bring your automobile to a stop from
the moment you saw the trouble
_______ Time It takep the driver to touch the brakes from the
moment he saw the emergency
If your right wheel drops off the pavement while traveling
high speed or if a tire blows out:
at
Don't brake
Apply slight pressure to brakes
Brake hard to bring the vehicle under immediate control
15.) Driving under Emotional Stress:
Is safe because the individual becomes more alert
IB hazardous end should be avoided
Does not affect a person's ability to drive safely
Can be reduced by driving aggressively
WHAT YOUR SCORE MEANS
14 - 15 Defensive Driver | ~\O
11 13 Average
8-10 Need fa'.iiliarizntion with defensive
driving techniques
I - 7 Inadequate knowledge to safely drive
-------
FINISH
A
A
S
S
S
I
3
*=
START
FOUL LINT
-------
ATTACHMENT $
SCOUIKG FOR DRIVING COURSE
1. r;orjinnUno 140 1'oinl.n Tol.-il
liedufjL ton points for neglecting to uue a backup.
There are oix places a driver can lose points.
3 barrels - 3 foul lines
Deduct five (£) points for bumping a barrel.
No score for'entire problem if foul line is crossed.
.'?. Off-Set Alley 6$ Points Total
Deduct five points for any bumping or scraping.
Deduct five points for. each stop after starting the problem.
Judges instructed to move barriers to protect apparatus and
to score accordingly.
No spore if entire barrier has to be moved.
3. Straight Line
Person must drive on the right side of markers
l». Alley Dock
1. Deduct ten points for neglecting to use backup.
?. Distance between vehicle aftd simulated dock
0 to 6 in. 1$ points
6 to 12 in. 10 points
12 to 18 in. 5 points
No Score for the scraping or knocking over of a barracade,.
5. Diminishing Clearance 60 Points Total
10 points charged for touching any of first four (U) markers.
5 points charged for touching any of laat four (U) markers.
All Barkers touched on one side of track - no score
Stopping after entering diminishing Clearance - no score
130
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tiCOKING FOR DRIVING COURSE
PAGW 2
6. Left Turn Zones l,3,lj,5. 60 Points Total
Right Turn Zones I»5i6.
Distance from curb marker
0 to 6 in. 60 points
6 to 12 in. 50 points
12 to 18 in. 35 points
18 to 2/4 in. 20 points
Outside Zone 5 or over curb line
or cross over foul line No Score
7. Finish Line 30 Points Total
1. Accelerate to 15 MPH at pre-determined location.
2. Apply brake in smooth steady manner.
3« Stop vehicle as close as possible to front edge of line.
Zone 1 0 to 6 in. 30 points
Zone 2 6 to 12 in. 20 points
Zone 3 12 to 18 in. 10 points
over 18 in. No score
Ho score if past finish line
8. Bonus Points 15 Points Total
1. Repeat Alley Dock without backup.
Distance between vehicle and simulated dock
0 to 6 in. 15 points
6 to 12 in. 10 points
12 to 18 in. 5 points
131
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APPENDIX E
Equipment Replacement Decision Technique Used in Fresno
132
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EQUIPMENT REPLACEMENT POTENTIAL
Charles H. Ware
Assistant Public Works Director
City of Fresno, California
September, 1971
When and at what price to replace old automotive equipment
can be a very elusive and difficult decision. With budgetary
constraints, political and administrative pressures, incieasing
maintenance costs, obsolescence, and general economic trends
playing decisive roles, the big decision is frequently a
hard one to reach. Managers who are charged with the respon-
sibility of selecting the time and conditions for replacing
such equipment might be compelled to use non-objective, irra-
tional criteria in making their crucial decisions. Nevertheless,
they can begin their debates and struggles from a position
of objectivity and soundness. Even after compromise (or
acquiescence), the resultant will be far easier to live with
than if such a rationale had never been established.
The Replacement Potential method will provide substantial
assistance in determining when and under what circumstances
equipment should be retained or replaced. An attempt has
been made to reckon with every economic factor that conceivably
could be involved in deciding whether to retain or replace
a piece of equipment. A relatively small portion of the
decision is left to the discretion of the manager. His Judg-
ment is used in determining: (1) the anticipated retention
time when the equipment is acquired; (2) the expected quantity
of service to be realized throughout the life of the equipment;
(3) the extent to which financing should be used; and (4)
whether a different type of quality of equipment would be
more suitable than the retiring equipment. Of the twenty-
seven variables used in the Replacement Potential method
only four directly employ the judgment of the manager.
Funding, delivery time, and functional equivalence deserve
.special emphasis and will be discussed separately at this
point.
No decision to replace equipment can be meaningful at a time
when funds and/or financing cannot be arranged. Some of
the means by which money may be acquired for equipment purchases
include: (1) capital outlay, (2) collateral loan, (3) depreci-
ation reserve, (4) sinking fund, and (5) outright grant.
These methods of fun-ding are mentioned here solely for emphasis;
they do not purport to be an exhaustive list, and their full
explanation is not within the scope of this text. Suffice
it to say that some means of funding must be available before
any further work is done on the study--otherwise such an
undertaking would represent a mere waste of time.
133
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The length of time required for delivery of Che new equipment
can be a significant factor in the ultimate decision. Some
equipment is not stocked by the supplier; some must be manu-
factured or assembled; and some has to be transported over
great distances to the purchaser. In any case where delivery
is not initiated until the supplier receives a firm commitment,
the service life of the old equipment will be extended beyond
the current day. Thirty-day, sixty-day and ninety-day deliveries
are common. Six-month, nine-month, twelve-month and longer
deliveries are not unusual on highly specialized equipment.
It is entirely possible, as will be seen in an example, for
a distant delivery date to alter a current decision. A six-
month delivery will require that the old equipment experience
more service, longer life, more operating costs, more main-
tenance, less salvage value, and more depreciation. The
effect of a distant delivery date upon the demands on old
equipment should not be under-evaluated.
Ordinarily old equipment is replaced by new equipment having
approximately the same characteristics, specifications, and
price as the old equipment had when it was new. When this
.is true, the Replacement Potential method is straightforward
and needs little, if any, adjustment or interpretation.
Remembering that this method is basically a comparison of
the total cost of old equipment with the total cost of new
equipment, one readily accepts the fallowing explanation.
If it is desired to move up to much more expensive equipment,
a specia] situation must be dealt with. (See the example
below.) In order to Justify buying a replacement at a price
considerably more than the price of the retiring equipment,
either the old equipment is very expensive to operate and
maintain or the new equipment promises to be very economical
to operate and maintain. It is quite likely that the Replace-
ment Potential method will indicate the purchase of a replacement
at one price and reject a purchase at a higher price. This
simply indicates that moving up into a higher price class
not always results in a more economical operation. Conversely,
moving down into a lower price class might lead to better
economy of operation even with higher maintenance and operating
costs. Being a total cost comparison, the Replacement Potential
method is devised to deal with the comparison of equipment
in the same class or in different classes so long as the
performance of service is assumed or proven to be comparable.
Following is a list of definitions of the twenty-seven parameters
that are involved in the Replacement Potential method:
i0 The annual interest rate at which the old equipment
was financed.
A0 The financed portion of the purchase price of the
old equipment.
134
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t0 The time (in years) during which interest was paid
on the old equipment to the date of the study.
T0 The total accumulated annual taxes on the old equip-
ment to the date of the study.
I0 The total accumulated insurance premiums paid for
the old equipment to the date of the study.
I The anticipated annual insurance premiums for the
n
new equipment.
T The anticipated annual taxes on the new equipment
(licenses, road taxes, etc.).
L The predicted life (in years) of the new equipment.
in The best available annual interest rate to be paid
on the new equipment.
An The portion of the purchase price of the new equipment
which will be financed.
tn The time (in years) during which interest will be
paid on the new equipment.
gn The current fuel cost per gallon.
Spn The predicted service (in miles or hours) of the new
equipment.
Un The anticipated use (in miles or hours) of the new
equipment per gallon of fuel.
G0 The total accumulated fuel cost for the old equipment
to the date of the study.
La The actual expired life (in years) of the old equipment
to the date of the study.
M( The total accumulated maintenance and repairs on the
old equipment to the date of the study.
Cn The total cost of the new equipment including sales
tax, license, delivery, etc.
m The total cost of modifications to the old equipment
to the date of the study.
v The market or'trade-in value of the old equipment
on the date of the study.
135
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D The total accumulated straight-line depreciation on
the old equipment to the date of the study. Or, the
total principal amount paid on the old equipment to
the date of the study. Or, the sinking fund balance
on the date of the study. Use whichever is applicable,
CQ The total cost of the old equipment including sales
tax, license, delivery, etc.
Sa The actual service (in miles or hours) rendered by
the old equipment from the date of acquisition to
the date of the study.
u The average daily use per shift (in hours) predicted
for the old equipment at the time it was acquired.
Lp0 The life (in years) predicted for the old equipment
at the time it was acquired.
Sp0 The service (in miles or hours) predicted for the
old equipment at the time it was acquired.
u The actual average daily availability for use per
3 shift (in hours) of the old equipment from the date
of acquisition to the date of the study. This factor
permits downtime to be reckoned with.
F The fixed charge ratio:
+ T + i A t
Lo 1o *-o*o L
The operating cost ratio:
8nspn
P
Because of the bearing current economic conditions have on
a good decision to replace or retain equipment, the derived
"Fixed Charge Ratio" should be examined further at this point.
The eleven variables involved in this ratio tend to reflect
changes in the general economic situation. When the sum
of interest, insurance and recurring taxes is increasing,
the fixed charge ratio tends to indicate that the old equipment
should be retained longer. Conversely, when that sum is
decreasing, the fixed charge ratio tends to indicate that
early replacement is in order. If fixed charges exist in
the old or the new equipment but not in both, those charges
should be included in maintenance costs in order to avoid
multiplying or dividing by zero.
136
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The "Operating Cost Ratio" tends to reflect improvements
and increased efficiencies in new equipment. When the total
anticipated operating costs for the predicted life of the
new equipment exceed the total accumulated operating costs
for the old equipment to the date of the study, the operating
cost ratio will tend to indicate that the old equipment should
be retained longer. Conversely, when the total anticipated
operating costs for the predicted life of the new equipment
are less than the total accumulated operating costs for, the
old equipment to the date of the study, the operating cost
ratio will tend to indicate that the old equipment should
be replaced at an early date.
An additional word about operating costs is in order. In
automotive equipment , fuel is the only normally consumable
material the quality of which is required to be reasonably
constant in order for the equipment to perform its functions.
Tires, brakes, batteries, lubricating materials, bearings,
gears, coolants, and the like are not expected to be consumed
y the process of energy conversion in the manner that fuel
always is. For these reasons it is logical to simplify the
formula by assuming that fuel is the only factor which enters
into the cost of operation. The costs of all the other depreciable
materials mentioned above, therefore, should be included
in maintenance and repairs.
With so many variables involved, what are the sources of
information? There are four general sources from which infor-
mation may be obtained: (1) standards, (2) fleet records,
(3) outside agencies and companies, and (4) judgment.
Standards represent experiences which were hoped to be realized
by the old equipment. Standard values from tables may be
used, or values established by the Fleet Manager may be used.
Variables falling in this category are:
pO
UP
The files and records of the fleet operation unit prove to
be the richest of all sources of information yielding 13
of 'the 27 variables. The accuracy of information contained
in the records bears very heavily on the reliability of the
solution; all this information must be accepted as absolute
historical fact. The variables that should be contained
in the fleet files and records are:
Go co ID
M i0 1*
S t° *'
«° ua
Lo
137
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Certain very valuable information must be secured from outside
sources. Lending institutions, insurance agencies, fuel
distributors, equipment dealers, and taxing agencies should
be canvassed for the best information available. Where competi-
tive prices prevail, uae the average of three up-to-date
proposals. It also should be noted that simple interest
is used in this method. The relatively small discrepancy
between simple and compound interest should not destroy the
efficacy of the solution since the ratio of the interest
on the new equipment to the interest on the old equipment
tends to cancel the common error. Variables to be determined
from outside sources are:
The remaining source of information is the judgment of the
fleet management personnel. Predicted life and service of
the new equipment along with financing terms and conditions
can be made to reflect recent experiences and the current
financial condition of the fleet operation. Variables that
emanate from Judgment are:
Lpn
cn
p0 The total cost index of the old equipment.
L.S^.tL
P0 - L±Z-
-------
WHENEVER THE REPLACEMENT POTENTIAL EXCEEDS 1GO%, REPLACEMENT
IS IN ORDER. A REPLACEMENT POTENTIAL OF LESS THAN 100% INDICATES
THAT FURTHER RETENTION IS REASONABLE UNDER THE STUDIED CONDITIONS,
A replacement Potential greater than 100% indicates that
the old equipment has reached the point in its use where
it is more expensive and will become progressively even more
costly to use than its new, updated replacement. In all
probability this situation will develop soon after a large,
unusual repair or maintenance expense. This correctly infers
that the proper time to consider replacement is after the
Replacement Potential approaches 100% and prior to expending
large sums for additional, operation, maintenance, and repairs.
If the estimated cost of the needed maintenance and/or repairs,
when combined with "M", causes the Replacement Potential
to exceed 100%, replacement should be executed promptly.
Thus optimum overall costs can be realized. On the other
hand, impulsive decisions can be avoided by relying on this
essentially objective replacement indicator.
An example will illustrate the use of the Equipment Replacement
Potential method.
EXAMPLE:
A municipally-owned fleet operation is considering the replace-
ment of a self-propelled compactor for the sanitary landfill.
The Fleet Manager wants to move up to a heavier, more expensive
unit than the one now in use, Delivery time might enter
into the decision on this piece of heavy equipment. With
the following basic information, determine whether or not
replacement is feasible:
pn
DELIVERY
FROM STOCK
0
0
0
0
$297.47
$64/year
0
5 years
0
0
0
DELIVERY
IN 3 MOS.
no change
no change
no change
no change
$312.93
no change
no change
no change
no change
no change
no change
DELIVERY
IN 4 MOS.
no change
no change
no change
no change
$318.06
no change
no change
no change
no change
no change
no change
DELIVERY
IN 6 MOS.
no change
no change
no change
no change
$328.32
no change
no change
no change
no change
no change-
no chango
139
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go
SP"
n
GO
La
M
m
v
D
U
pO
DELIVERY
FROM STOCK
$0.1175
9400 hra .
0.20 hr./gal.
$6,949.72
4.833, yrs.
$38,150.36
DELIVERY
IN 3 MOS.
no change
no change
no change
$7,225
5.083 yrs.
$39,825
DELIVERY
IN 4 MOS.
no change
no change
no change
$7,343
5.167 yrs.
$40,478
DELIVERY
IN 6 MOS.
no change
no change
no change
$7,600
5.333 yrs.
$41,500
$80,000
0
$7,000
$29,620.64
$38,084.80
11,315 hrs.
6 hrs./day
6 years
10,000 hrs.
5.6 hrs./day
no change
no change
$6,500
$34,759
no change
11,908 hrs.
no change
no change
no change
5.4 hrs./day
no change
no change
$6,333
$35,429
no change
12,103 hrs.
no change
no change
no change
5.3 hrs./day
no change
no change
$6,000
$39,897
no change
12,500 hrs.
no change
no change
no change
5.2 hrs./day
SOLUTION:
(Calculations shown for only delivery from stock.)
(64 +0)5+0
F -
297.47 +0+0
1.0757
(0.1175X9400)
Q » , 0.7946
Po
(0.20)(6949.72)
(4.833)(11315)(6)
(6)(10000)(5.6)
(38150.36 + 29620.64) -66180.0697
140
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pn . (1.0757)(0.7946) (80000 - 7000 + 38084.80 + 0 +
(38150. 36)/5N - 29620.64- 103375.8821
.64)
/
n
100p5r%
66l80.0697.y
(100) 103375.8821* - 64%
The tabulated results below will facilitate further evaluation of
the replacement.
F
Q
Po
p
*n
P
DELIVERY
FROM STOCK
1.08
0.79
66180
103376
64%
DELIVERY
IN 3 MOS.
1.02
0.76
83601
90669
92%
DELIVERY
IN 4 MOS.
1.01
0.75
89565
87389
102%
DELIVERY
IN 6 MOS.
0.97
0.73
104349
78682
133%
If the compactor can be delivered from stock, replacement
can be postponed for four months. In a more practical sense,
specification writing, competitive bidding, and the awarding
of the bid could well consume the better part of three months.
If such is the case, replacement should be initiated immediately
to avoid the excessive costs of owning the old equipment
for more than four months. If the purchase can be made without
the formalities, replacement can be deferred for four months.
If the equipment is not a stock item, the delivery time must
be added to the time required for the necessary purchasing
formalities. In the example the equipment would have to
be delivered within about four months, or the operation becomes
more costly than it would be with new equipment. Such excessive
costs can and should be avoided by replacing the old equipment
at the proper time.
It should be noted that modifications, "m", add capital value
to the equipment. In the example if modifications are made
subsequent to the date of the study, the Replacement Potential
will decrease. This .tends to allow time for benefits to
accrue in favor of the added investment.
141
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By the same token, adjustments may be made where necessary
in any of the information which is derived from judgment
or secured from outside sources. Of course in any event
the decision resulting from the most accurate and most re-
liable information is the decision that should be followed.
In adjusting calculations of the Replacement Potential, it
will be useful to bear in mind that some of the parameters
are direct functions while others are inverse functions.
A direct function is one whose increase is accompanied by
an increase in the Replacement Potential, and whose decrease
is accompanied by a'decrease in the Replacement Potential.
An inverse function is one whose increase is accompanied
by a decrease in the Replacement Potential, and whose decrease
is accompanied by an increase in the Replacement Potential.
The following tabulation will be convenient when contemplating
adjustments:
DIRECT INVERSE
La *o So An
Sa Ao Spo Cn
up ^ > 8n
D Un In Spn
lo Go Tn Cn
To v Lpn C0
M in m
The use of the Replacement Potential method will be facilitated
if the following sequence of operations is adherred to:
1. Make sure funding is available.
2. Know the equivalence of the old and the new equipment.
3. Obtain reliable delivery dates.
4. Secure accurate data from proper sources.
5. Make the calculations.
6. Adjust the data as necessary.
7. Re-calculate if necessary.
8. Interpret all results.
9. Draw final conclusions, and take action.
In conclusion, let it be said that we are dealing with a
decision that is moderately complex and frequently quite
difficult to make. The Replacement Potential method of arriv-
ing at that decision is not lacking in objectivity; however,
at times good judgment and accurate information might possibly
leave something to be desired. All in all, when the best
142
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possible reasons are combined"with the best available informa-
tion in a very well-organized and valid method, the least
that can be expected is a very good decision. This is exactly
the kind of tool needed by managers when they are confronted
with bulwarks of political and administrative pressures while
trying to decide whether to retain or replace old equipment.
Use it.
The general solution to the Replacement Potential formula
has been programmed for the Hewlett-Packard HP91000A desktop
calculator. A copy'of the program may be obtained by contacting
the author. The address is 2326 Fresno Street, Fresno, Cali-
fornia 93721. Please send a blank program card with your
request.
With a computer of considerably greater capacity than the
Hewlett-Packard HP9100A it is possible to refine the
calculations and obtain even more meaningful results.
For instance, we can work with practical inaccuracies
and time-varying factors, and analytically extrapolate
future Replacement Potentials for any desired period of
time. The limits within which we choose to operate are
set by predictable discrepancies in estimating future
values, by the time required for delivery of replacement
equipment, and by budget projection-requirements.
Inaccuracies of plus or minus 10% in cost of the new equipment
and plus or minus 20% in Anticipated Use per Gallon of Fuel are
reasonable, probable, and acceptable. Inaccuracies of plus or
minus 3% are reasonable, probable, and acceptable in the remaining
variant cost factors. The one exception is Trade-in (or Salvage)
Value, which varies inversely with time and is also vulnerable
to sizable discrepancies in estimating. Because of this compound
departure from a constant magnitude, Trade-in Value is assumed to
diminish at the rate of 2% per month based at all times on the
original value given for the study. The maximum delivery time
reckoned with in automotive equipment is eighteen months from the
effective date of the information that is used in the study.
The 27 factors may be classified in four groups, depending
on their respective tendencies to deviate from stated
values. Those four classifications are defined here and
tabulated below.
Fixed Factors. These are the factors that are
presumed to have absolute, constant values.
This presumption is logical and valid, because
each factor mast satisfy one of the following
criteria: (1) It is a standard selected by
143
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the manager and used as a reference throughout
the study; (2) It la a simple historical fact
taken from fleet records; or (3) It Is controllable
by the fleet manager.
Variant Cost: Factors. These are the factors
that are subject to inaccuracies resulting
in improperly stated monetary costs. Variant
Cost Factors exist by virtue of judgment,
predictions, and estimates. Since these
factors are market-price oriented, it is
reasonable to expect them to be within 3% or
10% of realizable values.
Variant Performance Factor. In addition to
the characteristics of Variant Cost Factors,
the Variant Performance Factor also tends to
deviate from a fixed value as a result of
salesmanship. Due to possible compounding
of two distinctly different types of inaccuracies
we should expect stated values of this factor
to deviate as much as 20% from realizable
values.
Time-Varying Factors. These are factors
reasonably presumed to vary linearly with
respect to time. With the exception of
Trade-in Value and the other two factors
designated by asterisks (*), all these
factors may be extrapolated from their respective
stated values -- using those stated values and
the Actual Expired Life to detemmine the
appropriate rates of change.
It has already been indicated that Trade-in Value diminishes
from the given value at the rate of 2% per month.
It is assumed that as soon as the Depreciation (or the Sinking
Fund) reaches the value of the Total Cost of the Old Equipment,
Depreciation will be held constant at that value. Therefore,
Depreciation should not be allowed to exceed the given value
or the Total cost of the Old Equipment, whichever is greater.
The Interest Payment Period for the old equipment is the time
during which interest payments have been made. It is highly
improbable that interest will be paid for a period of time
exceeding the Actual Life of the old equipment. For the above
reason the following manipulation is necessary: If the given
144
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Interest Payment Period is greater than the given Actual
Life of the old equipment, the Interest Payment Period is
assumed equal to the Actual Life until they factually become
equal. From that point in time the Interest Payment Period
remains constant at the given value.
FACTORS
VARIANT VARIANT TIME-
FIXED COST PERFORMANCE VARYING
Up tn In Un La M
ua Lpo T n S a to*
i'o C0 in D* G0
Ao Spo gn I0 v*
A n m C n T0
With all 27 factors classified as to constancy or variation,
we now can incorporate this added information into the
basic Replacement Potential equation. The objective here
is to derive the lower and upper limits of the Replacement
Potential based on the stated values of the 27 factors. Since
the study is to be a monthly projection for 18 months from
the effective date of the information used in the study,
36 complete solutions will be required for each piece of
equipment under study. Calculations should be made in the
following order:
1. Upper limits for each successive month (Worst Case)
2. Lower limits for each successive month (Best Case)
The upper limits are calculated by using the stated Fixed
Factors, 120% of the Anticipated Use per Gallon of Fuel, 90% of
the Total Cost of the New Equipment, 97% of each other Variant
Cost Factor, adding a monthly increment (the average monthly
value based on stated information) to each Time-Varying Factor
except Trade-in, and decreasing Trade-in at the rate of 2% of the
stated value each succeeding month. (Take into account the three
exceptions in Time-Varying Factors.)
The lower limits are calculated by using the stated Fixed
Factors, 80% of the-Anticipated Use per Gallon of Fuel,
145
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110% of the Total Cost of the New Equipment, 103% of each
other Variant Cost Factor, and using the Time-Varying
Factors as used for the upper limits. (Again, remember
the three exceptions.)
The upper limit and the lower limit of the Replacement
Potential can now be compared with each other month by
month. Those two representations of the Replacement
Potential will reach 100% in that sequence. Replacement
should occur between the months when the upper and lower
limits reach 100%.
Add the number of monuns required for delivery, plus time
for formal approval of the replacement, plus time for
advertising and calling bids, plus time for specifications
writing. Move back in time this total number of months
from the month corresponding to the month in which the lower
limit reaches 100%. The month indicated is the time when
the specifications for the replacement equipment should
be started. Each other phase of the purchasing process
should take place according to indications of the time
needed for the purpose.
Rev. 3/72
146
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APPENDIX F
Memorandum of Understanding Between
The City of Fresno and American Federation of
State, County, and Municipal Employees
147
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MEMORANDUM OF UNDERSTANDING
BETWEEN AND FOR
THE CITY OF FRESNO
AND
DISTRICT COUNCIL #94
AMERICAN FEDERATION OF STATE, 'COUNTY AND
MUNICIPAL EMPLOYEES
**********
ro
*** *
H *»>
JK
Pi
August 23, 1972
-------
X. MODIFICATIONS 14
A. General 14
B. Wage Schedule 14
C. Total Compensation/Benefit Package 15
D. Cost of Living Adjustment 16
E. Retirement 16
F. Seniority 17
G. Callback Pay 17
H. Mean and Rest Periods 17
I. Hazardous Work 17
J. Work Rules 18
K. Charter Section 809 18
L. Interim Meeting and Conferring 18
M. Standby Assignments 19
N. Special Rules for Waste Disposal Division 19
0. Fresno City Employees' Health and Welfare
Benefit Trust 20
P. Night Shift Premium Pay 20
MATRIX TABLE 21
XI. SAVING CLAUSE 22
XII. TERMINATION 23
EXHIBIT 24
149
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TABLE OF CONTENTS
Article Page
I. PREAMBLE 1
A. General 1
B. Definitions 1
C. Governing Laws -1
11. EMPLOYEE RIGHTS 2
A. General 2
B. Discrimination 2
C. Representation Rights and Responsibilities 2
111. CITY RIGHTS 3
A. General 3
B. Saving Clnuse A
IV. RECOGNITION 5
A.. Union Recognition 5
B. Recognition of Unit Description 5
C. City Recognition 6
D, Recognition of Mutual Obligation 6
E. Strikes and lockouts 6
V. SCOPE OF REPRESENTATION 7
A. General 7
B, Grievance 7
VI. AFPIRMAT1VE ACTION 8
VII. FULTI ON REIMBURSEMENT 9
A. PoJicy 9
B. Responsibilities 9
C. Policy and Procedure 9
VIJ I. SPECIAL STUDIES 10
A. General 10
1. Critical Task Analysis 10
2. Total Compensation/Benefit Package 10
IX. PAYROLL DEDUCTION 12
A. (jrncral 12
B. exceptions to Dues Deduction Authorization Card 12
C. Dues Deduction Check 12
I). Dues Checkoff 13
150
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ARTICLE I
PREAMBLE
A. GENERAL
This Memorandum of Understanding, entered into between the City of Fresno,
hereinafter referred to as the City, and Local 2051, District Council
#94, American Federation of State, County and Municipal Employees,
AFL-CIO, hereinafter referred to as the Union, has as its purposes:
the establishment of harmonious relations between the City and the
Union; the establishment of an equitable and peaceful procedure for the
resolution of differences; and the establishment of wages, hours, and
other terms and conditions of employment.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and,
except to the extent that a particular word or phrase is otherwise
specifically defined in this Memorandum of Understanding, the
definitions and provisions contained in Article 3 of Chapter 1, Sections
2-1501, 2-1601, and 2-1903 of the Fresno Municipal Code shall govern
the construction, meaning, and application of words and phrases used
herein. The definition of each wore' or phrnse shall constitute, to the
extent applicable, the definition of each word or phrase which is
derivative from it, or from which it is a derivative, as the case
may be.
C, GOVERNING LAWS
The legal relationship between the City and its employees and the City
and the Union is governed by Chapter 10 of Division A of Title I of
the Government Code (Section 3500 et seq., commonly known as Meyers-
Milias-Brown Act) and Article 19 of Chapter 2 of the Fresno Municipal
Code, and in the event of conflict between said laws and this Memorandum
of Understanding or rights claimed to arise herefrom, said laws shall
govern;' in the event of conflicts in interpretation, said laws shall
govern.
151
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ARTICLE III
CITY RIGHTS
GENERAL
1. The rights of the City are included in Section 2-1905 of the Fresno
Municipal Code which reads as follows:
(a) The exclusive rights of the City include, but are not limited to,
Che right to
(1) determine the mission of its constituent departments,
divisions, commissions, and boards;
(2) set standards of service and municipal fees and charges;
(3) determine the procedures and standards of selection for
employment, assignment, transfer, and promotion;
(4) direct its employees;
(5) take disciplinary action;
(6) relieve its employees from duty because of lack of work
or for other legitimate reasons;
(7) maintain the efficiency of governmental operations;
(8) determine the methods, means, and personnel by which
government operations are to be conducted;
(9) determine the content of job classifications;
(10) take all necessary actions to carry out its mission in
emergencies;
(11) exercise complete control and discretion over its organiza-
tion and technology of performing its work.
(b) All rights formerly or presently claimed by or vested in the City
on the effective date of this article and not. mentioned in subsection
(a) are retained by the City unless explicitly waived by the City by
resolution of the Council or by Council-approved Memorandum of Under-
standing.
2. This Memorandum of Understanding itt not intended to restrict consulta-
tion in good faith with the Union regarding matters within the right
of the City to determine.
3. Nothing in this Memorandum of Understanding shall be construed as
delegating to others the authority conferred by law on the City, or
in any way abridging or reducing such authority.
4. This Memorandum of Understanding shall be construed as requiring the
City to follow its provisions in the exercise of the authority con-
ferred upon the City by Inw, except that this clause shall not be
deemed to be a grant of authority to sue any person, including the
Union, not otherwise existing.
152
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ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees are set forth in Section 2-1904 of the
Fresno Municipal Code.
B. DISCRIMINATION
The provisions of this Memorandum of Understanding shall apply
equally to and be exercised by all employees in.the Won-Supervisory
Blue Collar unit, as described in Article IV Section B hereof,
without discrimination as to age, sex, marital status* race, color,
creed, national origin, or political affiliation.
C. REPRESENTATION RIGHTS AND RESPONSIBILITIES
1. Rights. All employees in the Non-Supervisory Blue Collar unit,
as described in Article IV section B, shall be allowed, subject to
the lawful limitations described in the AFSCME Constitution end By-
Laws, full voice, vote, and influence on positions and proposals of
the Union.
2. Responsible tries. All employees in the Non-Supervisory Blue
Collar unit, as described in Article IV Section B, acknowledge that
the City shall consider the positions and proposals of the Union as
the Meet and Confer positions and proposals of all employees,
individually and collectively, in said unit.
153
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B. SAVING CLAUSE
1. All city rights formerly or presently claimed by or vested in
the City on the effective date of this Memorandum of Understanding,
even though not specifically set forth in Section A above, are
retained by the city unless clearly and explicitly modified or
restricted in Article X, Modifications, of this Memorandum of
Understanding; provided, that notwithstanding any provision of said
Article X, no city right shall be deemed waived, modified, or
restricted unless specifically approved by the Council.
2. Execution of this Memorandum of Understanding by the Union shall
not be deemed a waiver of any Union or employee right unless the right
is clearly or explicitly modified or restricted herein.
154
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ARTICLE IV
RECOGNITION
A. UNION RECOGNITION
The city acknowledges the Union as the recognized employee
organization representing the Non-Supervisory Blue Collar unit,
and therefore, shall meet and confer in good faith promptly upon
request by the Union and continue for a reasonable period of time
in order to exchange fjreely information, opinions, and proposals,
and to endeavor to reach agreement on matters within the scope of
representation at least one week prior to the last regular Council
meeting at which the City budget must be adopted for the ensuing
fiscal year in order to meet the June 30 deadline specified in the
City Charter. 'In order that the meet and confer process includes
adequate time for the resolution of impasses, the City will entertain
meet and confer process proposals from the Union as early as March
1, 1974; in the event that agreement has not been reached by at
least May 31, 1974, the City and the Union shall jointly initiate
the impasse resolution procedure 'sequence as set forth in Fresno
Municipal Code, Section 2-1916, RESOLUTION OF IMPASSES.
B. RECOGNITION OF UNIT DESCRIPTION
The Non-Supervisory Blue Collar unit consists of all employees
holding a permanent position, as defined in Fresno Municipal Code
Section 2-1601 (21), in one of the following classes:
Parking Meter Collector
Meter Reader
Storeskecper
Automotive Partsman
Parks Maintenanceman
Senior Parks Maintenanceman
Parks Maintenance Leadman
Landscape Gardener
Tree Trimmer
Tree Trimmer Foreman
Warehouseman- Carpenter
Camp Caretaker-Carpenter
Zoo Attendant
Senior Zoo Attendant
Water Serviceman
Water Service Leadman
Sewerman
Sewer Leadmnn
Sewage Treatment Plant Operator I
Sewage Treatment Plant Operator II
Utilityman
Utility Leadman
Laborer
Irrigator
Maintenance & Construction Man
Light Equipment Operator
Equipment Operator
Heavy Equipment Operator
(Street Sweeping) 15f)
Heavy Equipment Operator
Dragline Operator
Street Maintenance Leadman
Traffic Maintenanceman
Traffic Maintenance Leadman
Combination Welder
Radio Technician
Equipment Serviceman
Park Equipment Mechanic
Treatment Plant Mechanic
Equipment Mechanic I
Equipment Mechanic II
Body & Fender Repairman
Automotive Painter
Equipment Inspector
Equipment Repair Shop Leadman
Park Equipment Foreman
Janitor
Building Maintenanceman
Senior Building Maintenanceman
Stagehand
Senior Stagehand
Waste Collector
Waste Disposal Truck Driver
Parking Serviceman
Parking Meter Repairman
Water Meter Repair Leadman
-------
C. CITY RECOGNITION
The Union recognizes the Director of Personnel and Labor Relations
as the designated representative of the city, pursuant to Fresno
Municipal Code Section 2-1914 (provided, however, that the Council
may designate, by resolution, some other person as such representative),
and shall meet and confer in good faith promptly upon request by the
City and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals, and to endeavor
to reach agreement on matters within the scope of representation at
least one week prior to the last regular Council meeting at which
the City budget must be adopted for the ensuing fiscal year in order
to meet the June 30 deadline specified in the City Charter. In
order that the meet and confer process includes adequate time for the
resolution of impasses, the City will entertain meet and confer
process proposals from the Union as early as March 1, 1974; in the
event that agreement has not been reached by at least May 31, 1974,
the City and the Union shall jointly initiate the impasse resolution
procedure sequence as set forth in Fresno Municipal Code, Section
2-1916, RESOLUTION OF IMPASSES.
D. RECOGNITION OF MUTUAL OBLIGATION
The Union and the City recognize and acknowledge their mutual
obligation and responibility to effectuate the purposes set forth
in, and to adhere to the conditions and clauses set forth in, this
Memorandum of Understanding.
E. STRIKES AND LOCKOUT
1. No lockout of employees shall be instituted by the City during
the term of this Memorandum of Understanding.
2. No strikes of any kind shall be caused or sanctioned by the
Union during the term of this Memorandum of Understanding, as specified
in Section 2-1923 pf the Fresno Municipal Code.
156
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SCOPE OF REPRESENTATION
A. GENERAL
"Scope of representation" is defined in Fresno Municipal Code Section
2-1903 (v), as follows:
"Scope of representation" means all matters relating
to employer-employee relations, including, but not
limited to, wages, hours, and other terms and conditions
of employment. Employee rights, as set forth in Section
2-1904, and city rights as set forth in Section 2-1905(a),
are excluded from the scope of representation.
B. GRIEVANCE
(1) The Union may represent employees covered by this Memorandum
of Understanding on grievances under any city grievance procedure,
and on employee appeals allowed by city code or rule.
(2) (a) The Union's Chief Steward shall-be excused from his
regular duties for -.'uch time as is necessary to attend and
represent Union members at grievance hearings.
(b) In scheduling the time and place of such grievance hearings
the Director of Personnel and Labor Relations and the Chief
Steward shall consider the possible disruption of the work
force and work flow and shall therefore schedule times and
places which minimize disruptions.
157
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ARTICLE VII
TUITION REIMBURSEMENT
A. POLTCY
It is the policy of the City of Fresno to encourage its employees
to take educational and training courses which will better enable
them to carry out their present duties and prepare them for increased
responsibility.
B. RESPONSIBILITIES
1. Department Heads are responsible for insuring that all employees
are informed of the availability and desirability of using the
tuition reimbursement program.
2. The Department of Personnel and Labor Relations is responsible
for administration of the training and education assistance
program.
C. POLICY AND PROCEDURE
The policy and procedure governing tuition reimbursement is set forth
in Administrative Manual 9-3(Revised).
158
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ARTICLE VI
AFFIRMATIVE ACTION
A. The City and the Union agree to take affirmative action to insure that
City employees are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, creed, ancestry, or
national origin.
B. The Union shall participate in any affirmative action program officially
adopted by or carried out by the City.
C. The Union agrees not to discriminate, concerning membership in, or powers
or privileges of members of, the Union in regard to race, color, religion,
creed, ancestry, or national origin.
D. The City and the Union recognize that minority employment problems are a
major City-Union concern. Therefore, the City and the Union shall establish
a City-Union Affirmative Action Committee to study the employment problems
of minorities. The Committee shall consist of five members. Two members
shall be appointed by the City; two members shall be appointed by the Union.
The Chairman, the fifth member, of the Committee will be selected by mutual
agreement of the aforementioned four members and appointed by the Chief
Administrative Officer.
The two Committee members appointed by the Union shall be excused from
their regular duties, in the event that it is necessary to hold Committee
meetings on City time, for such time as is necessary to attend such meetings.
In scheduling the time and place of such Committee meetings, the Chairman
of the City-Union Affirmative Action Committee shall consider the possible
disruption of the work force and work flow and, therefore, schedule meeting
times and places which minimize disruption.
159
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ARTICLE VI U
SPECIAL STUDIES
A. GENERAL
the Union and the City agree to cooperate in the completion of a
special study to be known as a CRITICAL TASK ANALYSIS.
The Union and the City agree to mutually develop a special study
known as a TOTAL COMPENSATION/BENEFITS PACKAGE.
The Union and the City further agree that the results of these
studies shall be used in the meet and confer process in the endeavor
to reach agreement for the Memorandum of Understanding which will
take effect on July 1, 1974.
1. CRITICAL TASK ANALYSIS
The City shall train a maximum of five union stewards in the
practices and techniques of Critical Task Analysis in order
that they shall assist the City in its development of the following:
(1) job specifications that accurately reflect
critical job elements/tasks';
(ii) minimum qualification stand*-ids which are based
on the requirements of the job;
(iii) examinations which reflect actual job content and are
therefore predictive of actual performance on the job;
(iv) performance standards which are directly related to
job assignments/content;
(v) updating/modernization of the current classification
plan and possible career ladders; and
(vi) an equitable, internally as well as externally, pay
plan (except that in event of conflict, the external
indicators shall prevail).
2. TOTAL COMPENSATION/BENEFIT PACKAGE
(a) The City and the Union agree that the term "prevailing wage"
shall include all aspects of employment, ie: wages, hours,
supplemental benefits, and .the terms and conditions of employment,
and shall be conceptualized as a Total Compensation/Benefit
Package.
160
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(b) It is Che intent of this agreement to develop indices
which will indicate whether the City of Fresno's
employees receive above or below a prevailing Total
Compensation/Benefits Package.
(c) These indices will result from a cost study of all
elements in a Total Compensation/Benefits Package.
(d) In the comparison of the wage element between private
industry and public industry, civil service job tenure or
security shall be worth two percent (27.) of private industry
wages, unless the study reveals that private industry
employees enjoy like tenure or security.
161
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ARTICLE IX
PAYROLL DEDUCTION
A. GENERAL
1. The City shall deduct the dues or benefit premiums, or both, upon proper
authorization by Union members In the Non-Supervisory Blue Collar unit.
2. If a member in the Non-Supervisory Blue Collar unit desires the city to
deduct his dues or benefit premiums from his paycheck, a deduction authorization
shall be made upon a Dues Deduction Authorization card in the form appended
to this Memorandum of Understanding as an Exhibit.
3. A Dues Deduction Authorization card may be revoked by a member in the
Non-Supervisory Blue Collar unit, and the dues or benefit deduction cancelled,
only during the months of November and December, 1973, and eaid months of
ensuing years.
4. If a member in the Non-Supervisory Blue Collar unit desires to revoke
his prior dues deduction authorization card, a dues deduction revocation
shall be made upon a Dues Deduction Revocation card in the form appended
to this Memorandum of Understanding as an Exhibit.
5. Dues Deduction Authorization and Revocation cards shall be available
at the office of the Director of Personnel and Labor Relations.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD
The members earnings must be sufficient after other legal and required
deductions are made to cover the amount of the dues deduction authorized.
When a mi >b?r is in a nonpay status for an entire pay period, no dues
deduction shall be made from future earnings to cover that pay period, nor
will the member deposit with the Controller the amount which would have
been deducted if the member had been in a pay status during that period.
In the case of a member who is in a nonpay status during only a part of
the pay period and the salary is not sufficient to cover other legal and
required deductions, no dues deduction or deposit shall be made.
C. DUES DEDUCTION CHECK
1. The deduction check covering all such deduction?shall be transmitted
to: District Council 94, AFSCME, AFL-CIO
at: 936 "N" Street, Suite "B", Fresno, California 93721.
2. The deduction check shall be made in favor of: District Council 94,
AFSCME, AFL-CIO.
162
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ARTICLE IX
3. A deduction check will be tranemitted at lease monthly.
D, DUES CHECKOFF
Rules governing dues checkoff are set forth in Section 2-1919 of the
Fresno Municipal Code.
.163
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ARTICLE X
MODIFICATIONS
A. GENERAL
1. No city rule, regulation, or policy governing wages, hours, or other
terms and conditions of employment will be affected by this Memorandum of
Understanding unless explicitly modified or restricted in this article.
2. In the event a City rule, regulation, or policy is 'modified or restricted
in this article, the City shall take such steps necessary to change such
rule or regulation or policy by amendment thereof to effect such modification
or restriction.
B. WAGE SCHEDULE
1. The following monthly wage schedule shall be in effect September 1, 1972,
until June 30, 1973, inclusive:
JOB
CODE
P
P
P
P
A 95
A 97
D 31
D 35
11
14
16
33
P 53
P 55
P 73
P 75
R 13
R 15
S 12
S 14
S 52
S 54
S 81
S 82
T 07
T 08
T 11
T 12
T l/«
T 31
T 33
T 35
T 37
T 39
T 53
CLASS TITLE
Parking Meter Collector
Meter Reader
Storeskcepcr
Automotive Partsman
Parks Maintenanceman
Senior Parks Maintenanceman
Parks Maintenance Leadman
Landscape Gardner
Tree Trimmer
Tree Trimmer Foreman
Warehouseman Carpenter
Camp Caretaker-Carpenter
Zoo Attendant
Senior Zoo Attendant
Water Serviceman
Water Service Leadman
Sewcrman
Sewer Leadman
Sewage Treatment Plant Opr. I
Sewage Treatment Plant Opr. II
Utilityman
Utility Leadman
Laborer ~~ "
Irrigator
Maintenance & Construction Man
Light Equipment Operator
Equipment Operator
Heavy Equip. Opr.(Street Sweeping)
Heavy Equipment Operator
Dragline Operator
Street Maintenance Leadman
RANGE NO. Step Step Step Step Step
PR SAURY _JL_ B^ _C_ D E_
200
185
220
220
195
225
245
225
240
250
250
255
205
230
225
245
225
245
195
230
140
245
195
195
225
230
250
> 250
.265
285
245
553
514
610
610
540
625
690
625
673
707
707
724
567
641
625
690
625
690
540
641
412
690-
540
540
625
641
707
707
760
838
690
581
540
641
641
567
657
724
657
707
742
742
760
595
673
657
724
657
724
567
673
433
724
567
567
657
673
742
742
798
880
724
610
567
673
673
595
690
760
690
742
779
779
798
625
707
690
760
690
760
595
707
455
760 .
595
595
690
707
779
779
838
924 .
760
641
595
707
707
625
724
798
724
779
818
818
838
657
742
724
798
724
798
625
742
478
798
625
625
724
742
818
818
880
970
798
673
625
742
742
657
760
8.38.
760
818
859
859
880
690
779
760
838
760
838
657
779
502
818
657
657
760
779
859
859
924
1019
838
164
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ARTICLE X
225
245
250
275
205
225
240
250
250
250
250
265
265
265
155
225
245
250
260
205
230
205
225
245
625
690
707
798
567
625
673
707
707
707
707
760
760
760
444
625
690
707
742
567
641
567
625
690
657
724
742
838
595
657
707
742
742
742
742
798
798
798
466
657
724
742
779
595
673
595
657
724
690
760
779
880
625
690
742
779
779
779
779
838
838
838
490
690
760
779
818
625
707
625
690
760
724
798
818
924
657
724
779
818
818
818
818
880
880
880
514
724
798
818
859
657
742
657
724
798
760
838
859
970
690
760
818
859
859
859
859
924
924
924
540
760
838
859
902
690
779
690
760
838
T 62 Traffic Maintenanceman
T 64 Traffic Maintenance Leadman
T 82 Combination Welder
U 33 Radio Technician
U 51 Equipment Serviceman
U 53 Park Equipment Mechanic
U 55 Treatment Plant Mechanic
U 61 Equipment Mechanic I
U 62 Equipment Mechanic II
U 66 Body and Fender Repairman
U 67 Automotive Painter
U 72 Equipment Inspector
U 74 Equipment Repair Shop Leadman
U 82 Park Equipment Foreman
V 11 Janitor
V 13 Building Maintenanceman
V 15 Senior Building Maintenanceman
V 33 Stagehand
V 35 Senior Stagehand
W 11 Waste Collector
W 13 Waste Disposal Truck Driver
X 31 Parking Serviceman
X 32 Parking Meter Repairman
X 35 Water Meter Repair Leadman
2. (a) On July 1, 1973, the wage schedule set forth in subsection B. 1. of
this article shall be modified in accordance with the provisions set forth
in subsection C. of this article, Total Compensation/Benefit Package,
provided, however, that the wage schedule effective on July 1, 1973 shall
also have been adjusted downward by 5.5% prior to such modification, to
offset the health and welfare coat increase effective as of September 1,
1972.
(b) The July 1, 1973 modified wage schedule shall be in effect from
July 1, 1973 until the termination of this Memorandum of Understanding
as set forth in Article XII, Termination.
(c) The 5.57. downward adjustment, noted in subsection B. 2.(a) of this
article shall be made from the "prevailing wage" for as long as the Union
represents this unit.
C. TOTAL COMPENSATION/BENEFIT PACKAGE
1. The City and the Union agree that the term "prevailing wage", as set
forth in the Charter Section 809, SALARIES AND WAGES, shall include all
aspects of employment, i.e., wages, hours, supplemental/fringe benefits, .
and the terms and conditions of employment. This expanded definition of
the term "prevailing wage" shall be known as Total Compensation/Benefit
Package.
2. It is the intent of this agreement to develop indices which will indicate
whether the City of Fi^sno's employees receive above, exactly the same as,
or below a prevailing Total Compensation/Benefit Package.
3. These indices will result from a coat study of all elements in a Total
Compensation/Benefit Package.
165
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ART1C1.K X
/i. In Uic cnnivnMson ol' chn wngc element bvtwui'M private Industry and public
industry, rlvM service job tenure or security, shall br wortli 27, ol'
prlvnto industry wages, unless the study reveals that private industry
employees enjoy as much tenure or security as civil service employees.
5. (a) In the event that the City and the Union have not agreed, prior to
June 30, 1973, to a method of determining a prevailing Total Compensation/
Benefit Package, the wage schedule set forth in subsection B. 1. of this
article above shall be modified in accordance with the provision set forth
in subsection D of this article below, Cost of Living Adjustment, provided,
however, that the wage schedule in effect on July 1, 1973 shall also have
been adjusted downward by 0.75% prior to such modification to offset the
0.757. retirement cost increase effective as of July 1, 1972.
(b) In the event that the wage schedule is modified pursuant -to sub-
section C 5.(a) of this article, the modified wage schedule shall be in
effect from July 1, 1973 until the termination'of this Memorandum of
Understanding as set forth in Article XII, Termination.
D. COST OF LIVING ADJUSTMENT
1. The term "index" as used herein, shall mean the Consumer Price Index -
Pacific Cities and U. S. average, for Los Angeles-Long Beach, published
monthly by the Bureau of Labor Statistics, Department of Labor, U. S.
Government.
2. (a) The percentage change of the Index for the month of March 1973 as
compared to the index for March of the previous-year, 1972, shall be
computed to three decimal places and rounded to, the nearest one-half of
one percent. The monthly salary for each class in the Npn-Supervisory
Blue Collar Unit shall, on July 1, 1973, be adjusted one-half of'one
percent for each one-half of one percent change in the Index.
(b) The following MATRIX TABLE, page 2; of this Memorandum of Under-
standing, shall be used in the cost of living adjustment.
E. RETIREMENT
Additional retirement benefits, in accordance with the existing contribu-
tion formulae, shall be provided for employees in the Non-Supervisory
Blue Collar Unit who are members of the employee's retirement system,
as follows:
I. The determination of "final compensation" for the purpose of computing
retirement allowances shall be the compensation in effect at the time of
retirement which would have been earnable, pursuant to the definition of
"Compensation earnable" as set forth in Section 2-1801 of the Fresno
Municipal Code, for the position or positions served in during the
highest three years of the retiree's employment.
2. The maximum percentage of the cost of living adjustment provided in
Section 2-1840.4 of the Fresno Municipal Code, shall be increased from
three percent to five percent.
166
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ARTICLE X
1'. SENIORITY
I. Work Assignment. Whenever two or more employees shall possess and exhibit
the same degree of merit for the purposes of assignment, as determined by
the City, the assignment shall be given to the employee having the greater
seniority in the class, and in the event the seniority is the same in the
class, tho assignment shall be given the employee with the total greater
seniority in a permanent appointment in the City service.
2. Definition. "Seniority in the Class" means an employee's length of con-
tinuous service as a permanent employee in his present class.
Continuous Service. In calculating an employee's period of continuous
service in a class-, time during which the employee is under suspension from
duty, serving under permanent appointment in or demotion to another class,
or on any leave of absence without pay, shall not be included; provided
however, that a military leave of absence shall not be considered a break
in continuous service.
3. Seniority lists. Every six months, beginning on November 1, 1972, the
City shall supply to the Union the seniority lists showing the continuous
service in each class and continuous service in a permanent appointment in
the City service of members of the Non-Supervisory Blue Collar Unit.
G. CALLBACK PAY
Any employee called to work outside of his regularly scheduled work shift
shall be paid for a minimum of two hours at overtime pay.
H. . MEAL AND REST PERIODS
1.. All employ -cs shall be allowed an unpaid lunch break during each working day.
Whenever possible, the lunch break shall be scheduled at or near the middle
of the work day.
2. All employees shall be allowed coffee breaks not to exceed fifteen minutes,
during each four consecutive hours of work', without loss of pay. Coffee
breaks and locations shall be scheduled by supervisors consistent with the
work load, and may be required to be taken in connection with travel from
the dispatch point to the beginning of the route or work site, can be at-
tached to and become part of the lunch hour, or can be attached to and become
a part of the return to the dispatch point at the end of the work day;
these schedules are in addition to the possibility of the occurrence of the
coffee break at mid-morning and mid-afternoon of the shift. No employee
shall use a City vehicle to go off an assigned route, assigned work site,
or away from normal travel routes for coffee breaks. Crews with radio
equipped vehicles may be required to radio in the time of the beginning,
end', and location of coffee breaks.
I. HAZARDOUS WORK
1. Radio Technicians, on specific assignment from the Assistant Director of
Public Works-Services, working on poles at a height of 75 feet or more, on
towers at a height of 100 feet or more on other than a tower erection shall
receive double time rate of pay for all such time worked at such heights.
Thirty minutes or more of such work shall entitle the Radio Technician to
such premium rate for that half day. Work performed in trees shall receiva
time and one-half up to 60 feet. Work in excess of 60 feet, double time.
167
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ARTICLE X
M. . STANDHY ASSIGNMENTS
1. Any employee who is required to remain on standby duty shall be allowed
compensation at the rate of two (2) hours for each day during which he
also works a shift, and at the rate of four (4) hours for each day which
is a day off.
2. Standby pay shall not be in addition to call-back pay, but any
compensation for call-back while on standby shall be deducted from the
compensation for standby for that day only.
3. A day is defined in this section as a 24-hour period commencing at
midnight.
4. An employee on standby must give a single telephone number of a location
where he will be available during standby, and must remain at that loca-
tion during the entire standby period, except when called for city business.
N. SPECIAL RULES FOR WASTE DISPOSAL DIVISION
1. Special Overtime Compensation:
Section 7(b) of Salary Resolution 71-217 shall b.e amended to cover all
employees in this unit who work in the Waste Disposal Division, except
those on light duty status. Section 7(b) (2) shall be deleted, and
Section 7(b) (3) shall be renumbered Section 7(b) (2).
2. Overtime Compensation:
Each employee in this unit who works in the Waste Disposal Division, for
an ordinary week of work, shall receive overtime pay after the first
forty hours of work at straight time during such week, with such weeks
coub-nencing on Monday and ending Sunday. Whenever a holiday falls on a
regularly scheduled work day (and is not worked), the employee shall
receive overtime pay for regularly scheduled working days after the
first thirty-two hours worked, and when two holidays fall on regularly
scheduled working days within one week, the overtime for regularly
scheduled working days shall be paid after twenty four hours work. In
the event the employee works on a holiday or a regularly scheduled day
off, overtime shall be pa_id as specified in the Salary Resolution as
revised in subsection N. 1. of this article.
3. Special Work Week:
Waste collectors and waste disposal drivers work by assigned routes,
the actual work upon which varies according to the amounts of waste
placed for collection by the customers, and is not fully subject to
work planning. The work includes such collection and varied duties
including, but not limited to, the collection of special pickups, misses,
163
-------
ARTICLE X
Purauant Co subsection L. l.(b) of this article, by June 30, 1973, the
Union and City shall agree in writing as to what classes involve
hazardous work, when the hazardous work occurs, what the hazards are,
and what premium pay rates should apply. The amount of premium pay so
agreed to shall take effect on July 1, 1973.
J. WORK RULES
City agrees to furnish to Union and each Union steward, by November 1,
1972, copies of all work rules in existence aa of October 1, 1972.
All new work rules adopted, amended, or repealed in the future will be
posted on applicable employee representative bulletin boards ten days
before the new or changed rule becomes effective.
K. CHARTER SECTION 809
It is understood by the Union that all employees of the City are subject
to a determination that the class in which they serve is a group or
craft required to be compensated in accordance with the second paragraph
of Section 809 of the Charter of the City of Fresno; that, therefore,
notwithstanding any provision to the contrary contained in this
Memorandum of Understanding, should any class of city employee now in or
hereafter included in the Non-Supervisory Blue Collar Unit be determined
to be a group or craft required to be compensated under said second
paragraph of Section 809, employees in said class shall be compensated
in accordance with the rate or rates of pay established pursuant to said
Charter provision.
L. INTERIM MEETING AND CONFERRING
1. The City and the Union .shall begin the Meet and Confer process not
later than October 1, 1972 for the purpose of:
(a) Identification of the classifications whicfi shall receive-priority
in the Critical Task-Analysis studies.
(b) Identification and study of those classifications or positions which
shall receive hazardous duty compensation.
(c) Development of a mutually acceptable grievance procedure. The
Union agrees that it is not in the best interest of the City to develop
and agree to a specific grievance procedure for a specific unit. There-
fore, the City's agreement is contingent upon a universal applicability
of a grievance procedure.
(d) Development of a Total Compensation/Benefit Package, a definition
and intent of which are set forth in subsection A. 2. ARTICLE VIII,
SPECIAL STUDIES.
(e) Establishment of a Health and Safety Committee, which shall be composed
of an equal number of representatives from the City and the Union, and
which representatives shall mutually select one (1) additional member,
who may not be an employee or an elected or appointed official of the City.
The purpose of this committee shall be to advise City management of matters
relating to health and safety in City employment.
169
-------
ARTICI.B X
disposal of the day's refuse at disposal site, return and check-in at
the dispatch office, and participation in any necessary briefing or
training sessions. For theae reasons, the length of work days during
a week necessary to collect a route is subject to variation, and it con
be expected thnt there will be certain days on which route collections and
completion of i cesaary activities, which are not reasonable and practical
to schedule except following the completion of the collections route,
are completed in lees then eight working hours, in which case the
collectors and drivers shall be excused before the completion of eight
hours of work. It is agreed that for each work week, each employee
shall be paid for forty hours (less allowance for days on which he is
on a non-pay status, including, but not limited to, appointment other
than at the start of the first working day of the week, termination
other than at the end of the last working da/ of the week, leave of
absence without pay, or disciplinary suspension).
0. FRESNO CITY EMPLOYEES' HEALTH AND WELFARE BENEFIT TRUST
The City and Union shall, be separate agreement, establish a Fresno City
Employee's Health and Welfare Benefit Trust for the purpose of medical,
hospital, drug, dental, eye, or such other benefits as determined by
the trustees, and the city shall provide the sum of $58.00 for each
eligible employee in the Non-Supervisory Blue Collar unit. Of said sum,
the amount of $2**.95 represents the current expenditure per such employee
per month for the city basic health plan now in effect. All additional
benefits purchased by the additional $33*05 will be in addition to such
present plan.
Said $2l».95 basic plan shall be known as "Plan A." Another plan of
benefits in the amount of $16.00 also to be administered by the trustees
shall, together with said Plan A,, be known as "Plan B." The benefits
acquired by the above said $33*05 end to be administered by the trustees,
shall, together with said Plan A, be known as "Plan C."
P. NIGHT SHUT PREMIUM PAY
1. Each employee in this unit who is assigned to work a "night shift"
shall receive premium pay in addition to that set forth for his
classification in subsection B. of this article. The premium pay
shall be an additional 5$ for each "night shift" worked by the
employee.
2. "Night Shift", as used in this article is defined as a shift irt which
an employee works more than' four hours between the hours of 5:00 p.m.
and 8:00 a.m. If an employee is assigned to work a shift wherein he
works more tha-i four hours between the hours of 5:00 p.m. and 8:00 a.m.,
the shift shall be known as a "night *Mft" and the employee shall
receive "night shift" premium pay for the complete eight hour shift.
170
-------
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-------
ARTICLE XI
SAVING CLAUSE
In the ovunt any article, section or portion of this Memorandum of Understanding
.should be held invalid and unenforceable in any court of competent Jurisdiction,
such decision shall apply only to the specific article, section or portion thereof
specifically specified in the court's decision, and upon issuance of such a
decision, the City and the Union agree Co immediately meet and confer upon a
substitute for the invalidated article, section,or portion thereof.
172
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ARTICLE XII
TERMINATION
This Memorandum of Understanding shall be effective as of the 1st day of September, 19
except as to the retirement provision, which shall be effective as of July 1, 1972,
and shall remain in full force and effect through the 30th day of June, 1974. It
shall be automatically renewed each year thereafter unless either party shall notify
the other in writing at least sixty days prior to July 1, 1974, that it desires
to modify this Memorandum of Understanding. In the event that such notice is
given, the meet and confer process shall begin not later than thirty days prior
to July 1, 1974. This Memorandum of Understanding shall remain in full force
and be effective during the period of meeting and conferring and until notice of
termination of this Memorandum of Understanding is provided to the other party
in the manner set forth in the following paragraph.
In the event that either party desires to terminate this Memorandum of Understanding,
written notice must be given to the other party not less than ten days prior to the
desired termination date which shall not be before the July 1, 1974, date set
forth in the preceding paragraph.
witness whereof, the parties hereto have set their hands thi
. 197** .
day of
FOR THE UNION:
FOR TH
Administrative Officer
Director of Peyscnnex
and Labor Relations
Director,
trict Council #94
173
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Department « . DUES DEDUCTION AUTHORIZATION MEW () CHANGE ()
J,.S.A.I
I, , employed aa a
(Print full name)
, authorize and direct the
(Print Classification/Job Title)
Controller of the City of Fresno to make a payroll deduction from my
earnings for m-. .employee organization dues in the amount of $
per payroll period, to be paid to
(Name of formally recognized employee
This authorization may be canceled and the
organization}
payroll deduction discontinued upon, written notice to the Controller
during the last two months of a calendar year following the first full
year of formal recognition of said organization.
The first deduction is authorized as soon as practicable after receipt
of this authorization by the Controller.
I further authorize the deduction of any different amounts voted for,
pursuant to the provisions of the Articles or By-laws at a general
membership meeting and certified by the President of , and this
authorization shall remain in full forea and effect until rescinded by
me on the proper card.
DUES $
Signature of Employee Date INS. $_
OTHER$_
TOTAL$
(Semi-Monthly)
DUES DEDUCTION REVOCATION
I, i employed as.a
(Print full name)
, hereby cancel all dues
(Print classification title)
deduction authorizations heretofore signed by me.
Date
Signature of Employee
EXHIBIT
174
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