HomeMy WebLinkAboutPW Pest Management PolicyAgenda Item No: 5. c
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Meeting Date: 8/18/14
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by:
Manager Approval:
• ��
Director of Public Works
File No.: 0 1. 12.3 3
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING
AN UPDATED INTEGRATED PEST MANAGEMENT POLICY.
BACKGROUND: In 2007 the Public Works Department created an Integrated Pest Management (IPM)
program outlining policies and procedures to minimize the application of pesticides throughout the City.
In the 7 years since IPM was adopted, the department has reduced the use of chemicals, limited the
areas where they are applied and emphasized alternative weed control methods such as mulching and
the use of weed torches. We have purchased a tractor mounted flail mower to increase our mechanical
weed control capacity. Mechanical weed removal is typically used in limited areas such as open and flat
parks, playgrounds, etc. The chemical method is used primarily on ball fields, medians and roadsides,
where other methods are impractical or unsafe for both workers and passing motorists. We do not apply
pesticides at playgrounds, picnic areas, and daycare/childcare facilities. We have also discontinued the
use pesticides along Bay Trails.
Public Works has 10 qualified applicators (Parks Division -8, Streets Division -2) licensed by the California
Department of Pesticide Regulation Certified Pest Control. The certification process is rigorous. It
requires passing a comprehensive exam on pesticide handling laws and regulations, application, storage,
disposal, and safety. Certain categories of pest control require additional examinations and certifications.
The Parks Superintendent overseeing IPM policy implementation and reporting is a certified Qualified
Applicator with license categories in Landscape Maintenance, right-of-way and plant agriculture.
Because of the new policy additional training and certifications will be required.
The attached table reflects Public Works pesticide use since 2007, when the City's original IPM program
was implemented, until 2013. Our use of herbicides has dropped dramatically as we have transitioned to
non -chemical weed -control methods.
This proposed IPM Policy governs use by Public Works and all contractors operating on City-owne
properties. On February 5, 2013, the State Water Resources Control Board (SWRCB) adopted th
Phase 11 Small Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Eliminatio
System (NPDES) Permit, Water Quality Order No. 2013-0001-DWQ, General Permit No. CASOOOOO
(Phase 11 Stormwater Permit). The effective date of the NPDES permit was July 1, 2013. Requirement
will be phased in during the permit term. The Phase 11 Stormwater Permit regulates discharges from
4
Council Meefing: _ <6 /I 9,t)--cof
Difsposition.-
11111FAM
ACTION REQUIRED: Staff recommends that the City Council approve the Resolution to adopt an
updated Integrated Pest Management Policy.
Enclosures (2):
1. Resolution
2. IPM Policy
3. Pesticide Use Table
4. Attachment G- Phase 11 Small MS4 General Permit
RESOLUTION NO. 13793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ADOPTING AN UPDATED INTEGRATED PEST
MANAGEMENT POLICY
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the San Rafael City Council desires to monitor and reduce
where possible pesticide use by the City of San Rafael in the maintenance of parks,
landscaped areas and essential public property; and -
WHEREAS, all reasonable steps should be taken to maintain the health of
our community, to the benefit of all residents and guests; and
WHEREAS, the City of San Rafael is committed to closely evaluating the impact
of its operations upon our environment; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
San Rafael does hereby adopt the attached Integrated Pest Management Policy.
1, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 18th day of August 2014, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
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San Rafael Pol*icy
and Procedures
,Policy No.
. Subject:
Integrated Pest Management Policy
Resolution No.
Issue Date:
Revision Date:
August 2014
Prepared By:
Dave Davenport
Approved By:
Nancy Mackie, City Manager
The City of San Rafael Public Works Department is committed to a
comprehensive Integrated Pest Management (IPM) program guiding the
management of its parks, landscaped areas, and other essentialpublic
properties.
The purpose of this IPM program is to ensure and enhance the health, safety
and welfare of citizens, visitors, and City staff by clearly defining the City's pest
management strategy, the priorities for administering this strategy, and the
various means by which these priorities may be realized. Public access to
records and information relating to the City's pesticide use is an essential
component of a successful IPM program, and San Rafael is fully committed to
providing all pertinent information to the public in a timely, comprehensive, and
understandable manner.
The Public Works Department realizes that some pesticides are potentially
hazardous to human health and the environment, and shall administer this
IPM program with a focus on long term suppression of pest problems with
minimum impact on human health, non -target organisms, and the
environment. Least toxic pesticides are used only after monitoring indicates
such a need, pursuant to the provisions of this policy.
The City of San Rafael's IPM program will include the following components:
a) Educate and train City staff in the IPM program, practices and policy.
b) Require City pesticide application contractors to implement the IPM Policy on all property
owned, leased, or managed by the City and to report the types and amounts of pesticides
used by the contractor on City said property.
c) Reduce to the maximum extent practicable the use of pesticides.
d) Consider taking a Lt no -action )I approach in addressing certain pest control issues.
e) Review and consider available non -chemical options before using a chemical pesticide.
Identify pests and least toxic methods to control pests.
g) Identify, evaluate and minimize or eliminate conditions that encourage pest problems.
h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by
designated personnel or contractor knowledgeable of IPM methods.
i) Maintain records by City departments on IPM methods considered and used to prevent and
control pests.
j) Comply with all applicable state and federal regulations, including pesticide use and reporting.
k) Provide open public access to all IPM program information and records.
1) Conduct decision-making based on the best available science and data.
m) Refer residents and pest control operators to the Marin County Stormwater Pollution
Prevention Program and/or the University of California Cooperative Extension; and,
n) Keep the County Agricultural Commissioner informed of water quality issues related to
pesticides and of violations of pesticides regulations (e.g., illegal handling) associated with
storm water management;
Scope of IPM Policy
This policy governs not only Department of Public Works employees, but also
contractors hired by the City and persons acting under the authority or on behalf of
the City in the care and maintenance of City parks, landscaped areas, and all other
City owned properties. The term "pesticide" is a general term that includes herbicides,
insecticides, fungicides, and rodeticides
As the City plans for the development of new parks and landscaped areas, or the
rehabilitation of existing areas, specific attention will be directed toward including
specifications that eliminate or reduce the need for chemical pesticides (e.g., mow strips
next to fencing, covering all new planting areas with mulch, etc.).
Integrated Pest Management Coordinator
The Parks Superintendent shall be designated as the IPM Coordinator. The IPM
Coordinator is primarily responsible for implementincl the IPM Policy and coordinating
efforts to implement IPM techniques within the Public Works Department. The
Coordinator is responsible for communicating goals and policy decisions to appropriate
City staff and contractors, as well as ensuring proper training of all employees involved
with the IPM program, and all contractors who perform landscape maintenance on the
City's behalf.
Only individuals specifically designated by the IPM Coordinator as Pesticide Applicators
shall be permitted to apply pesticides on City parks, landscaped areas, and other
essential public lands. Applicators shall possess a Qualified Applicator Certificate or
Qualified Applicator License, issued by the California Department of Pesticide
Regulation.
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The IPM Coordinator is responsible for ensuring that pesticide use is recorded an
made available for public review pursuant to the provisions of this policy.
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Education and training of personnel is critical to the success of this IPM program.
Employees involved in the maintenance and associated operations of City property,
including the City's parks, landscaped areas, and other essential public lands, or with
the purchasing, storage, handling, and application of pesticides shall receive all the
mandated, necessary, and reasonable IPM training required to perform such work in
an efficient and safe manner, consistent with the provisions and intent of this policy.
Continuing Education Unit (CEU) training in IPM and training in the use of non -
chemical methods of pest control are important to a successful program. In addition
to formal training, the City shall provide "Safe Handlers" training to all staff assisting in
the application, storage or handling of pesticides or pesticid e- related equipment. To
the greatest extent practicable, City staff will ensure that all contractors hired to
perform IPM related work on the City's behalf have received appropriate education
and training. The Public Works Department is dedicated to providing adequate
funding and budget planning to maintain training and educational
opportunities for all employees.
The City is fully committed to the use of pesticide alternatives whenever practicable.
Currently, the Parks Division utilizes the application of mulch materials to discourage
weed growth and encourage plant health. An agreement between the City and its
contract arborist specifies the provision of mulch material generated in the course of
the tree maintenance contract. This mulch material is utilized by the Parks Division as
a first line of defense against the proliferation of weeds. The Parks Division also uses
a weed torch as a post -emergent weed control. In City playgrounds and picnic table
areas, where the use of traditional herbicides is not permitted pursuant to this policy as
well as past practice, landscape maintenance crews utilize propane weed torches to
burn and discourage weed growth. Extreme care must be exercised with the use of
weed torches to avoid touching off unwanted conflagrations, so their use is limited by
site and environmental conditions.
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The Public Works Department is currently exploring the feasibility of using alternative
herbicides such as FIFRA exempt products (herbicides exempted from regulation by the
Federal Insecticide, Fungicide, and Rodenticide Act), especially in parks, picnic areas,
and other areas with high pedestrian interface. These exempt herbicides are usually
also approved for organic food production by the National Organic Program (NOP). For
educational purposes only, the City will display informational signs during appiication of
environmentMlly safer, exempt herbicides.
The City of San Rafael shall strive to keep informed about new developments i
pesticide alternatives and implement them whenever possible. I
There shall be no non-exempt herbicide applications permitted within City playground
picnic table areas, and on the grounds of City Hall and the Library. No herbicide 1
applications shall be permitted on turf areas except in the maintenance of tree wells (a
weed free zone around each tree), and certain landscape facilities {irrigation controllers,
valve boxes, light fixture poles, & etc.).
It is understood that a completely weed free landscape environment is not a goal to
which the City shall aspire. The Public Works Department shall maintain landscaped
areas reasonably weed free, to preserve the function, and reasonable aesthetic
appearance of public areas and City facilities. With this goal in mind, and considering
the Parks Division staffing levels and the division's ability to provide fundamental
services, the Public Works Department shall select herbicides of the least toxic
formulation from the list of Approved Use Products included in this policy.
Herbicides shall be used only after all other non -pesticide means of weed control have
been utilized or have been determined to be not feasible in a particular application due
to site factors, ability of staff to provide a particular function or service, or other pertinent
factors. Application of herbicides shall comply with the provisions of this policy.
As with the criteria for selection and use of all pesticides, the selection and use criteria
for herbicides shall conform to standard IPM principles. No product from the Approved
Use list shall contain any of the following:
Pesticides classified as Toxicity Category I and Category 11 by the USEPA
• Carbonate and organophosphate pesticides
• Type A or B (known or probable) carcinogens, as well as mutagens and
reproductive toxins
• Persistent bioaccumulative toxic chemicals (PBT)
1. All FIFRA Exempt and NOP approved herbicides
2. Glyphosate (e.g., Roundup Pro, Aquamaster)
3. Oryzalin (e.g., Surflan WDG)
4. Other Toxicity Category I I I (Caution) herbicides, if approved by the Public Works
Director at the request of the IPM Coordinator, providing that the requested
herbicide complies with the provisions of this policy
The IPM Coordinator shall maintain a list of all pesticides that have been approved for use
by the City's hired contractors on City property, along with any restrictions for such use.
This list shall be referred to as the Approved Use Products List.
2. The Approved List shall include, but not be limited 0.
i. Insecticides, rodenticides bats and traps-,
Caulking agents and crack sealants;
iii. Borates, silicates and diatomaceous earth,
iv. Soap based products;
v. Natural products on the FIFRA's 25 (b) list (40 CFR part 152.25 (g) (1);
vi. Natural products on the California Certified Organic Farmers organic list;
vii. EPA GRAS -generally recognized as safe products pursuant to federal EPA;
viii. Cryogenics, electronic products, heat and lights;
ix. Biological controls, such as parasites and predators;
x. Microbial pesticides;
xi. Insect growth regulators;
xii. Physical barriers;
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On an annual basis, the I PM Coordinator may submit a written recommendation to
the Public Works Director for approval, that a particular pesticide (s) not on the
Approved List be approved for use for a specific and limited purpose. The request
must be reviewed by the Public Works Director and signed by the IPM Coordinator.
The City of San Rafael Public Works Director may grant a limited use exemption upor
a finding that the City department or pesticide applicator has:
i. Identified a compelling need to use the pesticide;
ii. Made a good -faith effort to find alternatives to the particular pesticide;
iii. Demonstrated that effective, economic alternatives to the particular pesticide do
not exist for the particular use; and,
iv. Developed a reasonable plan for investigating alternatives to the banned
pesticide during the exemption period.
The Limited Use Products will be allowed to be used for a short and defined
exemption period, not to exceed one year.
The following high health -risk pest management products are completely banne"#1
_r
irom use on City property:
i. Pesticides on the California's Proposition 65 list (the Safe Drinking Water and
Toxic Enforcement Act of 1986, materials known to the State to cause cancer or
reproductive or developmental toxicity).
ii. Pesticides classified as Toxicity Category I and Category 11 by the United States
Environmental Protection Agency (USEPA).
iii. Pesticides on California's Department of Pesticide Regulation groundwater
protection list (Food and Agricultural Code 13145(d)).
iv. urganophosphates, or organochlorines, or carbarnates listed by the United
States Environmental Protection Agency (Office or Pesticides Programs,
Document 735-F-99-14, May 1999), or California Environmental Protection
Agency, Department of Pesticide Regulation Chemical Inquiries Database.
v. A known carcinogen, probable carcinogen, or possible carcinogen by the United
States Environmental Protection Agency as per "List of Chemicals Evaluated for
Carcinogenic Potential
vi. Any known endocrine disruptor listed by the United States Environmental
Protection Agency or the European Union, Endocrine Disruptors website.
vii. Foggers, bomb, fumigants or sprays that contain pesticides identified by the Stat
of California as potentially hazardous to human health (CFR 6198.5). 1
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If the IPM Coordinator accepts a recommendation from the Pest Control Advisor that a
pesticide outside of the Approved Use list should be utilized, the IPM Coordinator shall
submit a written request to the Public Works Director for approval. The Director shall
approve such requests only if the IPM Coordinator has documented in writing: 1) a
compelling need to use the pesticide, 2) a good faith effort to find alternatives to the
particular pesticide, 3) that effective, economic alternatives to the particular pesticide do
not exist for the proposed use, and 4) that the recommended pesticide is the least toxic
pesticide available to control the target pest. Exemptions shall be granted on a case by
case basis and shall apply to a specific pest problem for a specific and limited time, with
'The selection and application of such pesticides conforming to the spirit and intent of this
policy.
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The Department of Public Works shall notify the public of pesticide applications at
specific locations. The locations requiring notification shall be maintained on a list (as
Attachment A to this policy) and updated as necessary. Notification locations shall be
those places where there is a high level of public contact with the landscape.
Notification shall be required at those sites listed in Attachment A. Notification shall be
accomplished by posted signs at reasonable entry point locations. Notices shall include
the product name, EPA Registration # (if applicable), and contact phone number for
more information. Notices shall be posted prior to pesticide application and shall remain
in place for at least 24 hours. FIFRA Exempt, NOP approved, or other such non-toxic
or botanical pesticides shall be exempt from these notification requirements.
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The IPM Coordinator shall be responsible for maintaining records of all pesticide
applications on City property performed by the Department of Public Works, or by
contractors or persons authorized to apply pesticides on behalf of the Department of
Public Works. The City shall maintain these records for a period of four (4) years, and
shall make the information available to the public, upon request. Application records shall
include at least the following information: site of application, date of application, target
pest, name of the product and active ingredient of the pesticide(s) applied and EPA
registration number, amount of product applied, and the pesticide signal word. In addition
IPM records shall include a list of all exemptions granted, as well as the written
justifications developed for the consideration of those exemptions.
The Public Works Department shall strive to make this information available in a prompt
and efficient manner with the understanding that its provision is not only the legal right
of any member of the public, but also a critical component of a successful IPM program.
The IPM Coordinator shall track IPM Policy implementation by periodically reviewing
pesticide use by city staff and outside contractors. In order to report on pesticide use when
requested by the Regional Water Quality Control Board, the IPM Coordinator shall keep
records of the City's own use of pesticides of concern and the pesticides of concern used
by the permittees' hired contractors on City owned or maintained property. Pesticides of
concern include organophosphorous pesticides (chlorpyrifos, diazinon, and malathion),
pyrethroids (bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin,
esfenvalerate, lambda-cyhalothrin, permethrin, and tralomethrin); carbarnates (e.g.,
carbaryl); and fipronil.
The City of San Rafael's use of non -herbicidal pesticides is extremely infrequent. As
the Public Works Department's use of regulated non -herbicidal pesticides is limited only
to insecticides, and as the Public Works Department routinely opts for alternative control
of insects thereby contracting for the application of chemical pesticides only two times in
the past three years with both applications being direct soil applications rather than
foliar spray, therefore, the Public Works Department shall likewise continue to limit its
use of non -herbicidal pesticides.
When the IPM Coordinator determines a need for applying a non -herbicidal pesticide, a
recommendation and request shall be made to the Public Works Director for approval.
The Director shall approve such requests only if the IPM Coordinator has documented
in writing: 1) a compelling need to use the pesticide, 2) a good faith effort to find
alternatives to the particular pesticide, and 3) that effective, economic alternatives to
the particular pesticide do not exist for the proposed use, and 4) that the recommended
pesticide is the least toxic pesticide available to control the target pest.
The public notification provisions of this policy shall also govern the application of non -
herbicidal pesticides.
I 91MTOI��OMI MU W�
An exemption to this pesticide policy will be made in order to control the proliferation of
biting or stinging insects such as yellow jackets, wasps, mosquitoes, and other similar
pests. Generally, the control of these insects is administered by the Marin -Sonoma
Mosquito and Vector Control District. In addition, the City will exempt any governmental
entity from the provisions of this policy whose authority pre-empts that of the City.
Attachment A
Locations requiring public notification for pesticide applications:
1. Albert Park & San Rafael Community Center
2. Bernard Hoffman Field
3. Boyd Park
4. Falkirk Cultural Center
5. Freitas Park
6. Gerstle Park
7. Munson Park
8. Oleander Park
9. Peacock Gap Park
10. Pickleweed Park& Community Center
11. Ranchitos, Park
12. Russom Park
13. Santa Margarita Park
14. Shoreline Park
15. Spinnaker Point 1, 11, 111, IV
16. Sun Valley Park
17. Terra Linda Recreation Center
18. Victor Jones Park
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: August 18, 2014
File No.: 01.12.33
FROM: Nader Mansourian
101:01
• 1•
DATE: August 7, 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN UPDATE X
INTEGRATED PEST MANAGEMENT POLICY.
Department Head (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
1141.41 I-% f- r- I x %J V L- Lj
APPROVED AS TO FORM:
oL
Z7-
Ity Attorney (signature)