San Luis Obispo City Council
April 19, 2022

Item 6a
The General Plan Annual Report is an opportunity for the City to keep the General Plan current by reflecting on how well the Plan continues to meet the City’s goals and objectives. It is also an opportunity to review how well the programs identified in the Plan are being implemented and to determine if programs are still relevant or if priorities should be reassigned.

In addition, assessment of the implementation of the General Plan informs the City Council about the availability of resources and about programs and projects that might be initiated as the City develops a new financial plan. During the budgeting process, City Council reviews the progress being made to implement the General Plan and decides whether or not to move forward with additional work programs over the next two years.

Report Organization
The General Plan contains an array of policies and implementing programs covering most types of City actions. General Plan implementation supports the quality of life objectives for the community that serve as the foundation for the General Plan. Activities undertaken by the City through its Capital Improvement Program projects, project plans and studies, facility maintenance and management, and inter-agency coordination each play a part in the General Plan Implementation. The General Plan Annual Report touches on the major programs that saw activity in 2021. The report is organized around the following key implementation areas:

1. General Plan Element Updates

2. Community Development Department

3. Planning and Building Activity

4. Regional Housing Needs Allocation (RHNA) Progress

5. Housing Element Program Implementation

6. Residential Growth

7. Non-Residential Growth

8. Specific Plan Implementation & Development

9. Municipal Code Updates

10.Climate Action Plan

11.Economic Development

12.Policy Initiatives

13.Water Supply

14.Circulation

15.Safety

16.Neighborhood Wellness

17.Conservation & Open Space Protection

18.Parks & Recreation
Report Highlights
In 2021, the City continued to make progress implementing General Plan Programs.

General Plan Element Updates

Item 6a
A - Parks & Recreation Element: The City continued work and public outreach on the Parks and Recreation Element and Master Plan update, also termed “Parks + Recreation Blueprint for the Future: 2021- 2041”. The Parks and Recreation Blueprint for the Future was adopted by the City Council in July 2021.

B - Safety Element: The City also continued working on the Safety Element update throughout 2021, including continued community outreach efforts as part of a project called “Stories of a Resilient SLO”. The City anticipates that the Safety Element will be renamed the Community Resilience and Public Safety Element” and is targeted to be completed in 2022.

C - Housing Element: The City’s 6th Cycle Housing Element was adopted by City Council in November 2020. In 2021, City staff continued to coordinate with the California Department of Housing and Community Development (HCD) regarding remaining minor changes required for state certification. In September 2021, HCD determined the City’s 6th Cycle Housing Element to be in full compliance with State Law and certified the document.

Major City Goals

1. Fiscal Year 2019-21 Meta Goal: In response to the COVID-19 pandemic, the Major City Goals from Fiscal Year 2019-21 were reorganized in June 2020 into one Meta Goal of Economic Stability, Recovery, and Resiliency. This Meta Goal was the City’s priority throughout the end of 2020 and the beginning of 2021.

2. Fiscal Year 2021-23 Major City Goals: The City’s Major City Goals for Fiscal Year 2021-23 were adopted through the FY 2021-23 Financial Plan which was approved in June 2021. These Major City Goals are: Economic Recovery, Resiliency, and Fiscal Sustainability; Diversity, Equity, and Inclusion; Housing and Homelessness; and Climate Action, Open Space, and Sustainable Transportation. These Major City Goals resulted in significant activity in these General Plan program areas and will continue to be the City’s top priority throughout FY 2021-23.

Planning and Building Activity
Development activity in the City continued in 2021 but was reduced compared to previous years. 608 building permits were issued in 2021, a slight 3 percent decrease compared to 2020. Permit reviews for plan check submittals and resubmittals were also slightly reduced in 2021 with 1,426 applications submitted, compared to 1,438 applications submitted in 2020.

Item 6a
Based on the Community Development Department’s running total of “finaled” permits for non-residential construction, 65,510 square feet of floor area was added to the City in 2021, yielding a five-year net non-residential growth rate of 2.08 percent (as shown in Figure 2 on page 27). LUE Policy 1.11.4 states that the City Council shall consider establishing limits for the rate of non-residential development if the increase in nonresidential floor area for any five-year period exceeds five percent. The City is significantly below the threshold to establish any non-residential growth limit at this time.

Residential Growth Management
The Land Use Element policy related to residential growth (LUE 1.11.2) states that the City’s housing supply shall grow no faster than one percent per year, on average , based on established thresholds in Table 3 of the Land Use Element. Based on the Community Development Department’s residential building permit data, the City has maintained an average annual growth rate of 0.81 percent per year since 2015, in compliance with the one percent maximum average annual growth rate.

From 2015 to 2021, the City granted occupancy to 1,621 newly constructed residential units (also accounting for the 36 units that were demolished between 2015 and 2021). Of the 1,621 units constructed between 2015 -2021, 1,207 units were subject to the Growth Management Ordinance. Of the units exempt from the growth management ordinance, 230 units were deed restricted for affordable housing, 181 units were identified as Accessory Dwelling Units or Junior Accessory Dwelling Units, and 3 units were located within the Downtown Commercial (C-D) zone. As of 2021, there are a total of 22,018 residential units subject to the Growth Management Ordinance within the City, where the 2015 LUE estimated 22,416 units for 2021.

Development Phasing of Specific Plan Areas
The City updated the General Plan Land Use and Circulation Elements in 2015, however, some of the housing construction occurring today within the Orcutt Area and the Margarita Area was planned for in the previous General Plan. Due to a variety of factors, some of the development originally planned in the 1994 General Plan is only now under construction. LUE Policy 1.11.2 ( Residential Growth Rate) states that the approved specific plan areas may develop in accordance with the phasing schedule adopted by each specific plan, provided that thresholds established by LUE Table 3 are not exceeded. Of the 1,621 units granted occupancy from 2015 to 2021, 692 of the units were located within Specific Plan areas.

Item 6a
Housing Development in San Luis Obispo
Housing production has been a Major City Goal for several financial plans and the City has prioritized policies that support new housing production. Lack of affordable housing and workforce housing continues to be an obstacle for many residents in San Luis Obispo.

The good news is that the City is purposefully growing in alignment with the community’s long-range plans and highest priorities. Current levels of residential growth are consistent with the City’s Growth Management Ordinance and State obligations to accommodate its Regional Housing Needs Allocation. The City has planned its resources to support a build out” population of 57,200 residents, while the current State population estimate for the City is 46,058 residents as of January 1, 2021.

General Plan/Zoning Pressures
City Staff has been approached by various interested parties regarding several properties within the Urban Reserve Line or within City Limits that in total would likely trigger the need for an update to the General Plan and/or specific plans. Many of these changes would likely produce a variety of housing types, including housing units at desired levels of affordability. None of these efforts have been initiated or authorized by City Council, yet they are noted in this Staff Report to highlight the emerging tension between remaining housing/development capacity, build out, and a full analysis of resources such as water, transportation, etc. No specific action is being requested; this information is noted for the Council for potential discussion.

Previous Advisory Body Action - 2022
The Planning Commission reviewed the 2021 General Plan Annual Report in March 2022.

Staff responded to Planning Commission questions regarding timelines for upcoming Housing Element programs, such as the Inclusionary Housing Ordinance update and the Flexible Density Ordinance, and also provided details regarding homelessness, specifically about response efforts and highlights in 2021. The report was unanimously recommended to be forwarded to the City Council.

Public Engagement
As the General Plan Annual Report is strictly a reporting document and does not create nor modify any goals or policies found within the General Plan, there is no requirement for public engagement. However, once accepted by the City Council, the Report will be available on the City’s website for public review.

CONCURRENCE
The Community Development Department prepares the General Plan Annual Report with significant input from other City departments. Administration (including Natural Resources, Economic Development, and Office of Sustainability divisions), Utilities, Public Works, Police, Fire, and Parks and Recreation Departments collaborated with the Community Development Department on this report.

Item 6a

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply because the General Plan Annual Report does not constitute a “Project” under CEQA Guidelines Sec. 15378.

FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:

Total N/A
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall, the General Plan was fiscally balanced. The Annual Report does not change the General Plan and, therefore, has no fiscal impact.

ALTERNATIVES
Continue consideration of the 2021 General Plan Annual Report. Although no action is recommended in association with this recommendation, the City Council could ask staff to return during a future meeting to present additional information.

ATTACHMENTS
A - 2021 General Plan Annual Report

City of San Luis Obispo
2021 General Plan Annual Report

Community Development Department
Our Mission Statement
Our mission is to serve all persons in a positive and courteous manner and help ensure that San Luis Obispo continues to be a healthy, safe, attractive, and enjoyable place to live, work, or visit.

We help plan the City’s form and character, support community values, preserve the environment, promote wise use of resources, and protect public health and safety.

Our Service Philosophy
The City of San Luis Obispo Community Development Department (CDD) staff provides high quality service when you need it. We will:
• Listen to understand your needs;
• Give clear, accurate and prompt answers to your questions; • Explain how you can achieve your goals under the City’s rules; • Help resolve problems in an open, objective manner;
• Maintain high ethical standards; and
• Work to improve our service.

Acknowledgements
City Council
Erica A. Stewart, Mayor
Carlyn Christianson, Vice Mayor
Jan Marx
Andy Pease
Michelle Shoresman
Planning Commission
Robert Jorgensen, Chair
Nicholas Quincey, Vice Chair
Hemalata Dandekar
Emily Francis
Michael Hopkins
Steven Kahn
Mike Wulkan
City Manager
Derek Johnson, City Manager
Project Management Team
Project Lead: Graham Bultema, Assistant Planner
Brian Leveille, Senior Planner
Shawna Scott, Senior Planner
Teresa McClish, Housing Policy & Programs Manager
The 2021 General Plan Annual
Report was prepared by the
Community Development
Department for review by the
Planning Commission and
acceptance by City Council.

The Community Development
Department’s Long-range
Planning Division often takes
the lead for staff work
involving the General Plan.

However, all City departments
and advisory bodies are
involved in General Plan
implementation and have
contributed to the 2021
General Plan Annual Report.

Staff Contributors
Adam Fukushima, Active Transportation Manager
Alexander Fuchs, Parking Services Supervisor
Austin O’Dell, Interim Transit Manager
Brian Amoroso, Operations Captain
Bryan Wheeler, Transportation Planner/Engineer III
Chris Read, Sustainability Manager
Christine Wallace, Neighborhood Outreach Manager
Devin Hyfield, Recreation Manager
Doug Carscaden, Recreation Supervisor
Freddy Otte, City Biologist
Gaven Hussey, Parking Program Manager
Georgina Bailey, Cannabis Program Coordinator
Greg Avakian, Parks and Recreation Director
James Blattler, Administrative Analyst
Rick Scott, Police Chief
Jennifer Metz, Utilities Project Manager
Jennifer Rice, Transportation Planner/Engineer III
John Mezzapesa, Code Enforcement Supervisor
Keith Aggson, Fire Chief
Kelsey Nocket, Homelessness Response Manager
Kyle Bell, Associate Planner
Lee Johnson, Interim Economic Development Manager
Luke Schwartz, Transportation Manager
Matt Horn, Public Works Director
Matheson Bliss, Hazardous Materials Coordinator
Meg Buckingham, Administrative Analyst
Megan Weeks, Transit Coordinator
Meghan Burger, Recreation Manager
Michael Codron, Community Development Director
Molly Cano, Tourism Manager
Owen Goode, Assistant Planner
Robert Hill, Sustainability & Natural Resources Official Shawna Scott, Senior Planner
Teresa McClish, Housing Policy & Programs Manager
Tyler Corey, Deputy Director
Vanessa Nichols, Permit Services Coordinator

Table of Contents
Community Development Department........................................................................................................ 2 Our Mission Statement.................................................................................................................... 2 Our Service Philosophy .................................................................................................................... 2 Acknowledgements....................................................................................................................................... 3 City Council ...................................................................................................................................... 3 Planning Commission....................................................................................................................... 3 City Manager.................................................................................................................................... 3 Project Management Team ............................................................................................................. 3 Staff Contributors ............................................................................................................................ 4 Table of Contents.......................................................................................................................................... 5 List of Figures................................................................................................................................... 6 List of Tables .................................................................................................................................... 6 Introduction .................................................................................................................................................. 7 Background ................................................................................................................................................... 8 General Plan Element Updates..................................................................................................................... 9 COVID-19 Pandemic – Local Emergency Response .................................................................................... 11 Community Development Department...................................................................................................... 13 Planning and Building Activity..................................................................................................................... 15 Regional Housing Needs Allocation (RHNA) Progress ................................................................................ 17 Homelessness Solutions.............................................................................................................................. 21 Housing Element Program Implementation ............................................................................................... 23 Residential Growth ..................................................................................................................................... 25 Non-Residential Growth ............................................................................................................................. 27 Specific Plan Implementation and Development ....................................................................................... 28 Municipal Code Updates............................................................................................................................. 33 Climate Action Plan..................................................................................................................................... 36 Economic Development.............................................................................................................................. 37 Policy Initiatives.......................................................................................................................................... 39 Water Supply............................................................................................................................................... 40 Circulation................................................................................................................................................... 41 Safety ....................................................................................................................................................... 47 Neighborhood Wellness.............................................................................................................................. 58 Conservation & Open Space Protection ..................................................................................................... 60 Parks & Recreation...................................................................................................................................... 62 Conclusion................................................................................................................................................... 71

List of Figures
Figure 1 - Total Planning Applications Received per Calendar Year, 2019-2021.......................... 15 Figure 2 - Net Annual Growth Rates of Non-Residential Sectors, 2017-2021.............................. 27 Figure 3 - Fire Department Twitter Profile Visits, 2019-2021....................................................... 47 Figure 4 - Monthly Noise Party Calls for Service, 2021................................................................. 59 List of Tables
Table 1 – City Local Emergency Resolutions Adopted
Related to the COVID-19 Pandemic, 2020 .................................................................... 12 Table 2 - Plan Check Applications Submitted, 2019-2021............................................................ 16 Table 3 - Building Permits Issued, 2019-2021............................................................................... 16 Table 4 - Valuation of Construction, 2019-2021........................................................................... 16 Table 5 - Progress Towards 6th Cycle Quantified Objectives, 2019-2028..................................... 17 Table 6 – Housing Element Program Implementation Progress, 2021 ........................................ 23 Table 7 – LUE Table 3, One Percent City Population Growth Projection ..................................... 25 Table 8 – Residential Growth Rates, 2015-2021........................................................................... 25 Table 9 - Margarita Area Development Status, 2021 ................................................................... 28 Table 10 - Orcutt Area Development Status, 2021....................................................................... 29 Table 11 - Avila Area Development Status, 2021 ......................................................................... 30 Table 12 - San Luis Ranch Area Development Status, 2021 ......................................................... 31 Table 13 - City Water Resource Availability, 2021........................................................................ 40

Introduction
The General Plan is a comprehensive statement of the City’s goals and how those goals will be achieved over the long-term. Policies and programs in the General Plan provide guidance to the public, staff, and decision-makers on development-related issues. The General Plan is adopted and amended by the City Council, after considering recommendations by citizens, appointed advisory bodies, other agencies, and City staff.

Each year, the City publishes an Annual Report on the status of its General Plan and provides an overview of actions taken to implement the Plan during the past year, as provided by California Government Code Section 65400. This report is provided to help citizens and City officials gauge progress towards achieving the City’s stated goals and objectives. It is also an opportunity to review how well the Plan’s programs are being implemented. The Annual Report fulfills the requirements of State law, and the General Plan itself. According to Land Use Element Policy 11.3 the City shall prepare an annual report on the status of the General Plan, which is to include the following items:

A) A summary of private development activity and a brief analysis of how it helped meet General Plan goals;
B) A summary of major public projects and a brief analysis of how they contributed to meeting General Plan goals;
C) An overview of programs, and recommendations on any new approaches that may be necessary;
D) A status report for each General Plan program scheduled to be worked on during that year, including discussion of whether that program's realization is progressing on schedule, and recommendations for how it could better be kept on schedule if it is lagging;
E) A status report on how the City is progressing with implementing its open space preservation policies and programs;
F) Updated population or other information deemed important for the plan.

Background
State law requires each city and county to adopt a general plan that addresses seven topics, typically referred to as “elements.” Additional topics, or general plan elements, may be included. The law also requires general plans to be comprehensive, internally consistent and provide a long-term perspective. The California Governor’s Office of Planning and Research (OPR) publishes General Plan Guidelines, which includes the following basics:
• Geographic Comprehensiveness: The general plan must cover all territory in the jurisdiction’s boundaries.
• Regionalism: The general plan must take into account regional plans for transportation, air quality and water quality, and must spell out measures needed to meet federal or state standards for the region.
• Issue Comprehensiveness: General plans must address the jurisdiction’s physical development over the long term, but because the general plan is the most comprehensive expression of the general welfare, it should also recognize social and economic concerns.
• Internal Consistency: All general plan elements must be internally consistent. Each element’s data, analyses, goals, policies, and programs must be consistent and complement one another. This includes consistency with area and specific plans. • Long-Term Perspective: The general plan must address the welfare of current & future generations, although the timeframes may vary between elements. The Housing Element, for instance, must be updated every five to eight years.

State law says a City’s general plan should be kept current. The City of San Luis Obispo does this through this annual review process, comprehensive updates, and through amendments. Updates to entire elements are done as needed and include a look at underlying conditions and preferences. Amendments are typically smaller in scope and involve changing one part in a way that fits within the overall framework. Consideration of amendments are triggered by private applications or by direction from the City Council.

Changes to the City of San Luis Obispo General Plan require hearings by the Planning Commission and by the City Council. The type of notice provided for the hearings depends on the type of proposed change, but always includes a descriptive item on the meeting agenda, which is published in the newspaper. The City’s website and public access television channel provide additional information.

City of
San Luis Obispo
General Plan
Elements
Land Use
Update Adopted
December 2014
Circulation
Update Adopted
December 2014
Housing
Update Adopted
November 2020
Conservation and
Open Space
Revised 2014
Safety
Revised 2012
Parks and
Recreation
Adopted 2021
Water and
Wastewater
Revised 2018
Noise
Adopted 1996

General Plan Element Updates
Parks & Recreation Element and Master
Plan Update: Parks + Recreation Blueprint
for the Future: 2021-2041
On July 6, 2021, City Council adopted the new Parks and Recreation Element and Master Plan Update, now
referred to as the Parks and Recreation Blueprint for the Future: 2021-2041. In 2018, the San Luis Obispo Parks
and Recreation and Community Development
Departments engaged consultant services, WRT, for the
purposes of revising and updating the Parks and
Recreation Element and Master Plan Update. The Parks
and Recreation Commission (PRC) is served as the
primary advisory body for this work effort.

The purpose for the update of the City’s Parks and
Recreation Element and Master Plan was to address
current and future needs for the City of San Luis Obispo’s parks, recreation facilities, programs, and services
consistent with the objectives outlined in the adopted
2017-2019 and 2019-2021 financial plans. Community
engagement, including initialstakeholder meetings, popup events, multiple public workshops and forums, and a community survey were conducted from 2018 to 2021 to
ensure the community could be engaged in a positive
and creative way so that the results are representative of community values, desires, and needs. In March 2021,
the Public Review Draft General Plan Element and
Master Plan Update was released and introduced to the
PRC and the public at PRC meetings. Public workshops
were held in spring 2021 for additional community input and a Study Session was held at the May 2021 City
Council Meeting. Staff presented the final plan for City Council adoption in July 2021.

This General Plan Annual Report
falls between a transitional
Financial Plan period, thus the
Major City Goals for both FY 2017-
19 and FY 2019-21 include:

Major City Goals for FY 19-21:

Housing – Facilitate the production
of housing with an update of the
Housing Element, including an
emphasis on affordable housing
(including unhoused people) and
workforce housing through the lens
of climate action and regionalism.

Climate Action – In response to the
climate crisis, continue to update and
implement the Climate Action Plan for
carbon neutrality, including
preservation and enhancement of our
open space and urban forest and
planning for resilience.

Sustainable Transportation –
Enhance accessible regional transit,
bicycle, and pedestrian mobility to
promote a transition to a car-free or
shared-car lifestyle and to reduce
greenhouse gases.

Fiscal Sustainability &
Responsibility - Continue to
implement the City’s Fiscal
Responsibility Philosophy with a
focus on efficiencies, strategic
economic development, unfunded
liabilities, and infrastructure
financing (Funding the Future).

Downtown Vitality - Support the
economic and cultural heart of the
City with attention to safety,
maintenance, infrastructure, and
amenities.

Safety Element Update
In the Spring of 2020, the City started work on a
comprehensive assessment of the community’s
vulnerability to climate change impacts called “Resilient San Luis Obispo” through a grant awarded from Caltrans
in the amount of $435,250. The City has partnered with
the Local Government Commission (LGC), a 501(c)3 nonprofit organization who has extensive experience in public engagement in climate change adaptation and in
facilitation projects. Additionally, the City is currently participating with the CivicSpark, a statewide program
through the LGC for a Fellow to work on the project. The project is also supported by a competitively procured
consultant team for technical and climate modeling
work, as well as with committed staff resources from the San Luis Obispo Council of Governments.

The project includes current and future hazards
assessment, comprehensive vulnerability assessment,
local and state policy audits, robust community outreach and education, a menu and prioritization of adaptation
options and specific integration and work plans.

Importantly, the scope of work also includes capacity
building for City staff and dissemination to regional
partners to ensure implementation. The project, along
with the 2019 Hazard Mitigation Plan update, form the
technical foundation for the comprehensive update to
the Safety and Community Resiliency Element of the
General Plan in compliance with SB-379, SB-1035 and
other state laws.

Major City Goals for FY 21-23:

Economic Recovery, Resiliency &
Fiscal Sustainability – In
collaboration with local partners,
continue to support economic
recovery for all from the COVID
pandemic and support a thriving
local economy by supporting local
businesses, arts and culture,
downtown vitality, practicing fiscal
responsibility, paying down
unfunded pension liabilities, and
investing in critical infrastructure
Diversity, Equity, Inclusion (DEI) –
In response to our commitment to
making San Luis Obispo a more
welcoming and inclusive city for all,
continue to develop programs and
policies to support diversity, equity,
and inclusion initiatives and advance
the recommendations of the DEI Task
Force
Housing and Homelessness - To
expand housing options for all,
continue to facilitate the production
of housing, including the necessary
supporting infrastructure, with an
emphasis on affordable and
workforce housing. Collaborate
with local non-profit partners and
the county, the state, and federal
governments to discover and
implement comprehensive and
effective strategies to reduce
chronic homelessness.

Climate Action, Open Space, and
Sustainable Transportation - To
proactively address the climate
crisis, continue to update and
implement the Climate Action Plan
for carbon neutrality, including
preservation and enhancement of
open space and the urban forest,
alternative and sustainable
transportation, and planning and
implementation for resilience.

Community outreach activities completed since the project started have included three community wide surveys, three community-wide forum webinars presentations to community stakeholders, and the solicitation and establishment of a 15-person community Resilience Roundtable supported by community working groups for specific subjects. Through a project feature “Stories of a Resilient SLO” the City continues to solicit stories in various written and video formats to share and promote understanding of how community members have overcome past challenges to inform the project and discuss resiliency.

The stories, Baseline Conditions Report, Comprehensive Hazards and Vulnerabilities Report, Adaptation strategies and other information is posted on the project website (https://www.lgc.org/resilient-slo/). The City anticipates that the Safety Element will be renamed the Community Resilience and Public Safety Element and is targeted to be completed in 2022.

Housing Element Update
On November 17, 2020, City Council adopted the Housing Element (an 8-year plan) and in December 2020, the City submitted the document to Department of Housing and Community Development (HCD) for Final Review and determination of compliance. In March 2021, HCD informed staff that minor, administrative changes were required of the document. Staff worked closely with HCD to complete the necessary changes and submitted the final, revised document for certification in July 2021. On September 3, 2021, the HCD found the City’s adopted 6th Cycle Housing Element in full compliance with State Law. By having a fully compliant Housing Element, the City is eligible for various federal, state, and local funding opportunities for housing.

COVID-19 Pandemic – Local Emergency Response
In response to the global COVID-19 pandemic in 2020, the City’s Emergency Operations Plan was implemented which established the City Council as the City’s Disaster Council. As part of this plan, the City’s Emergency Operations Center (EOC) was activated, in which the City Manager was designated as the Emergency Services Director and a central command of roles was designated as responsible for carrying out disaster management functions.

In response to the pandemic, the City also adjusted the Strategic Plan and Major City Goals in June 2020 as part of the Adopted Supplemental Budget to the 2019-2021 Financial Plan. The Strategic Plan was reorganized into one Meta Goal for 2020-2021 focused on economic and social recovery and building resiliency for the future. This goal addressed the local impacts of the pandemic while staying true to the 2019-2020 Major City Goals and the City’s core values. The City’s five current Major City Goals were adopted through the FY 2021-2023 Financial Plan which was approved in June 2021.

Throughout the 2020 calendar year, the City also adopted several resolutions as the City continued to adapt to the effects of the COVID-19 pandemic locally. These resolutions remained in effect throughout 2021. Summaries of these resolutions can be seen in Table 1. Specific actions that the City implemented in order to prioritize public health and address local economic impacts of the pandemic included delaying late fees and penalties from unpaid transient occupancy taxes for vacation rentals in February and March (Res. 11105), suspension of certain sections of the Municipal Code such as parking regulations & sign regulations (Res. 11116), allowing downtown businesses and restaurants to expand space onto sidewalks and streets to allow customers to maintain social distancing (Res. 11118), suspending parking rates for parking structures and deferring future parking rate increases (Res. 11127), and extending deadlines for discretionary approvals, cannabis permits, and building permit applications (Ord. 1683 & Res. 11131).

Table 1 – City Local Emergency Resolutions Adopted Related to the COVID-19 Pandemic, 2020 Res. 11099
(March 2020)
• Proclaiming a local emergency within the City related to the COVID-19 pandemic
• Enacting emergency delays on evictions
• Prohibiting alcohol serving and sales on St. Patrick’s Day (Proclamation 1)
Res. 11102
(March 2020)
Adopting the federal emergency and federal grant procurement procedures
Res. 11104
(March 2020)
• Affirming actions of the emergency services director and expressly affirming actions of the County as applicable and enforceable within City jurisdiction
• Closing bars and alcohol establishments due to COVID-19 (Proclamation 2)
Res. 11105
(March 2020)
Authorizing the City’s tax collector to delay late fees and penalties for delinquent transient occupancy tax received for stays during February and March 2020
Res. 11106
(April 2020)
• Proclaiming the continuing existence of a local emergency regarding the COVID-19 pandemic
• Imposing a city wide safety enhancement zone and penalties up to $1,000 for violation of public health orders
Res. 11113
(April 2020)
Proclaiming the continuing existence of a local emergency regarding the COVID-19 pandemic, extending the state of local emergency through May 16, 2020
Res. 11116
(May 2020)
Enforcement of portions of the Sign Regulations and the Parking Regulations sections of the City Municipal Code shall be suspended until stay at home & social distancing orders are terminated Res. 11117
(March 2020)
Authority given to the City Manager to use unassigned fund balance from fiscal year 2018-19 above required reserve levels to be used for emergency measures related to public health & safety
Res. 11118
(May 2020)
• Approval of the City Outdoor Public Space Program (Open SLO) • Expanding space to be available on streets and sidewalks for businesses to allow customers to maintain physical distancing Res. 11127
(June 2020)
• Deferment of future parking rates increases, suspending current hourly parking rates for parking structures, and reducing rates for monthly parking programs
Res. 11131
(June 2020)
Extending discretionary approvals, building permit applications, and cannabis permits
Res. 11132
(June 2020)
Affirmation that racism is a public health crisis & urging public health officials to declare racism a public health emergency
Res. 11138
(July 2020)
• Affirming actions of the Emergency Services Director
• Closing bars for the July 4th weekend and subsequently limiting bar capacities (Proclamation 3)
Res. 11152
(August 2020)
Approval of temporary closures of City streets for special events, construction, or other purposes (Proclamation 5)
Source: City of San Luis Obispo, 2021

Community Development Department
Customer Service and Process Improvements
In 2021, the Community Development Department continued to monitor and improve procedures to ensure the utmost level of efficiency and customer service.

InfoSLO: The City originally launched the portal InfoSLO in 2018 that allows members of the public to search for a variety of information on properties citywide. InfoSLO allows you to search for parcel history including permits, plan cases, inspections, and code cases. Parcels can be searched by address or Assessor’s Parcel Number, or by an interactive map to browse parcel information across the City. In 2019, upgrades provided the opportunity to research and export permit and plan history for any address in the City and set up the framework for online permit applications and payment of fees. Building upon the work of the last two years, in 2020 the City launched the ability to submit certain applications online and to pay fees associated with planning entitlements and building permits, and in 2021 the Community Development Department continued with implementation of this program. By allowing online submittals and payments, staff has been able to continue to support and work with the community on various development projects. This effort was originally implemented quickly as a result of the COVID-19 pandemic that forced City offices to close to in-person submittals and improvements in this area have continued to serve the community during the ongoing pandemic throughout 2021.

Tenant Improvement Permit Processing (TIPP-FAST)
In 2021, the Community Development Department continued to implement the Tenant Improvement Permit Processing (TIPP-FAST) program to streamline the review of tenant improvement (TI) projects. The program was initially designed to assist business and property owners with timely reopening and needed modifications to business operations in response to the COVID-19 pandemic. However, the program is available to all qualifying tenant improvement projects. There were 28 TIPP-FAST submittals in 2021, an increase from 2020.

Coordination with Other Agencies
In addition to City-initiated efforts to implement the General Plan, City staff responded to development plans and applications from other agencies in 2021 and coordinated with other agencies on General Plan priorities. Some examples include:

Airport Land Use Commission: City staff reviewed the draft Airport Land Use Plan update and provided comments to the Airport Land Use Commission (ALUC) and their County staff liaison on the need for continued collaboration to ensure ALUP update policies are compatible with the City’s General Plan. The Amended and Restated San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan was adopted by San Luis Obispo County on May 26, 2021.

County of San Luis Obispo: City staff provided comments on several projects proposed in the County including the County Probation Building, an office project, cannabis delivery projects, tentative map proposals, and a proposed hillside development.

Amtrak-LOSSAN: Community Development staff and other key City staff reviewed and provided comments on the Draft Environmental Impact Report (DEIR) for the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency (LOSSAN) Central Coast Layover Facility project (CCLF) at the Roundhouse site. The goal of the project is to increase overnight layover and storage capacity to support service goals and objectives outlined for the Amtrak Pacific Surfliner as outlined in the 2018 California State Rail Plan.

Regional Housing Action Team: The City, along with the County, and the seven local cities within the county have each updated their Housing Elements for the new 6th Cycle RHNA. Continued collaboration among all the cities, SLOCOG, and County with monthly meetings has occurred to implement the region’s first “regional chapter” that is a part of all eight local agencies’ Housing Elements. This collaboration has assisted housing professionals in each jurisdiction navigate evolving housing issues and legislation such as the implementation of Senate Bill 9 (Atkins).

California Polytechnic State University (Cal Poly): Following up from City staff’s work with Cal Poly in 2020 on the Master Plan Update EIR, a memorandum of understanding for future collaboration was agreed upon between the City and Cal Poly. The City entered into updated agreements in April 2021 with Cal Poly related to water and sewer rates and Cal Poly’s capacity interest in the City’s Water Treatment Plant and Water Resource Recovery Facility stemming from City comments on the Cal Poly Master Plan EIR. The City meets with Cal Poly staff annually to discuss these agreements.

California Department of Transportation (Caltrans): Progress continues with preliminary engineering and environmental review for the Prado Road/US 101 Interchange Project, which directly involves a Caltrans facility, and the Prado Road Bridge Replacement over San Luis Obispo Creek, which is funded by a Caltrans Highway Bridge Program grant. The Prado Bridge Project construction is anticipated to begin in 2023, and the Prado Interchange Project construction is anticipated to begin in 2025. The City has also continued collaboration with Caltrans on improving traffic signal coordination between City and Caltrans intersections near the Los Osos Valley Road / US 101 interchange.

Local Agency Formation Commission (LAFCO): In September 2020, in addition to the approval of the Froom Ranch Specific Plan, the City Council authorized the filing of the Froom Ranch annexation application and request for LAFCO initiation. This area consists of approximately 110 acres of primarily undeveloped land adjacent to Los Osos Valley Road. This area was anticipated to be annexed and developed and is identified as Madonna on LOVR Special Focus Area 3 in the General Plan. An application with LAFCO was filed in February 2021 and was approved by LAFCO in October 2021.

367
247 265
0 100
200
300
400
2019 2020 2021
Number of Applications
Planning and Building Activity
Application totals are tracked in real-time using live dashboards from our EnerGov permitting system. Tracking of applications and permits serve as an indicator of development trends and a tool for budget forecasting.

Yearly Planning Application Trends
Figure 1 indicates all planning applications received for each calendar year for 2019, 2020, and 2021. Some examples of the types of applications include use permits, architectural reviews, subdivisions, zoning amendments, environmental reviews, and administrative actions. In 2021, the total number of planning applications increased by approximately 8 percent from 2020.

Notable increases in application types were use permits, homestay permits, and tentative subdivision requests.

Figure 1 - Total Planning Applications Received per Calendar Year, 2019-2021 Source: Community Development Department, 2021
Building Permits and Plan Reviews
Building permits are issued for various projects ranging from the relatively simple (e.g., water heaters, window change outs, reroofing, etc.) to the more complex projects (e.g., additions and new buildings). Plan reviews are typically required for the more complex projects where it is necessary to review proposed design documents for code compliance.

Table 2 shows the number of plan check applications conducted by the Building Division over the last 3 years. Development activity remained strong in 2021. Application submittals are expected to continue on this current trend through 2022.

Table 2 - Plan Check Applications Submitted, 2019-2021
2021 2020 2019
Plan Check Applications Submitted 1,426 1,438 1,883
Source: Community Development Department, 2021
Table 3 depicts the number of building permits issued over the past 3 years. In 2021, 307 permits were issued for new residential projects, representing 617 residential units. Although the number of permits issued decreased slightly in 2021, the number of units added increased.

Table 3 - Building Permits Issued, 2019-2021

BUILDING PERMITS ISSUED
2021 2020 2019
permits units permits units permits units
New Single Family 198 198 252 252 141 141
New Accessory Dwelling Units (ADUs)1 62 93 44 60 25 40
New Multi Family & New Mixed Use 47 326 22 153 18 340
Demolitions2 22 -3 25 -8 36 -16
New Commercial 3 0 2 0 13 0
Residential Additions / Alterations 199 0 220 0 383 0
Commercial Additions / Alterations 99 0 89 0 150 0
TOTAL 608 614 629 453 730 521
Source: Community Development Department, 2021
1ADU unit totals come from ADU permits and single family permits, 2 includes units lost from demolitions
Valuation of Construction
Construction valuation is a good indicator of the level of private investment in building construction. Table 4 depicts the annual construction valuation over the past 3 years. The total valuation decreased by approximately $3.1 million from 2020 to 2021, which reflects the decrease in number of issued permits as displayed in Table 2 above.

Table 4 - Valuation of Construction, 2019-2021

VALUATION OF

CONSTRUCTION
2021 2020 2019
Single Family 34,211,415 53,949,613 28,025,973
Multi Family 46,933,301 8,225,494 33,606,072
Commercial 1,229,510 17,475,937 16,980,878
Residential Additions /
Alterations 6,459,062 7,834,680 42,924,804
Commercial Additions /
Alterations 6,722,907 11,178,790 17,886,588
Total Valuation $95,556,195 $98,664,514 $139,424,315
Source: Community Development Department, 2021

Regional Housing Needs Allocation (RHNA) Progress
Quantified Objectives
Under State law, each city and county in California is required to develop programs designed to meet their share of the surrounding region's housing needs for all income groups, as determined by the region’s council of governments. The California State Department of Housing and Community Development (HCD) identifies housing needs for all regions of the State. Councils of governments then apportion the regional housing need among their member jurisdictions. The Regional Housing Needs Allocation (RHNA) process seeks to ensure that each jurisdiction accepts responsibility, within its physical and financial capability to do so, for the housing needs of its residents and for those people who might reasonably be expected to move there. State housing law recognizes that housing need allocations are goals that jurisdictions seek to achieve; however, they are not intended as production quotas. The allocations are included in each jurisdiction’s Housing Element so that plans, policies, and standards may be created to help meet housing needs within the element's planning period.

The City has a total RHNA allocation of 3,354 housing units to plan for in the 6th Cycle Housing Element. HCD has allowed the City 10 years to meet the 6th Cycle RHNA allocation. This means that the City is allowed to count all issued building permits from January 1, 2019 through December 31, 2028 as credit towards achieving the 6th Cycle RHNA allocation. Additionally, HCD has allowed the City to count half of the total of newly issued accessory dwelling unit (ADU) permits in the “low income” affordability level count starting in 2020, due to the results of a market study conducted by the County of San Luis Obispo. These 76 affordable ADU units issued since 2020, as well as all other affordable units, are shown in Table 5 below.

Table 5 - Progress Towards 6th Cycle Quantified Objectives, 2019-2028 Income Level
(% of County Median Income)
6th Cycle
RHNA
Allocation
Building Permitted Units Issued by Affordability Total Units by Income
Level
Total Units
Remaining by
Income Level
Year 1
(2019)
Year 2
(2020)
Year 3
(2021)
Years 4 – 10
(2022 - 2028)
Extremely Low &
Very Low
Deed
Restricted
825
0 14 35 - 49
776
Non-Deed
Restricted 0 0 0 - 0
Low
Deed
Restricted 520
6 0 56 - 62
382
Non-Deed
Restricted 0 30 46 - 76
Moderate
Deed
Restricted 603
8 5 8 - 21
582
Non-Deed
Restricted 0 0 0 - 0
Above Moderate 1,406 523 416 472 - 1,411 0
Total Units 3,354 537 465 617 - 1,619
Total Remaining for RHNA Period: 1,735
Source: Community Development Department, Building Permits Issued, 2021

In 2021 the City met its total allocation for “Above Moderate” housing units, issuing 472 permits for that category in 2021 and 1,411 in the last 3 years. This leaves 1,735 units needed to meet the 6th Cycle RHNA allocation, with 44% of the remaining allocation reserved for Extremely Low & Very Low Income, 22% for Low, and 34% for moderate.

Affordable Housing
In 2021, the City continued to implement the Inclusionary Housing Ordinance. Affordable housing highlights from 2021 include the finalization of three new affordable housing projects: the Toscano Inclusionary Housing project, Broad Street Place, and Courtyard at the Meadows.

Toscano Inclusionary Housing
In Spring of 2021, the City Council approved a CDBG grant award in the amount of $333,506 to assist the Housing Authority of San Luis Obispo (HASLO) in acquiring the land to develop a 38- unit 100% affordable housing project. The City also committed $335,000 in Affordable Housing Funds to the project and deferred impact fees of up to $420,000. In December of 2021, the City and HASLO as well as other stakeholders involved in the project, closed escrow and the City was able to issue the building permits for the project.

Broad Street Place
In Spring of 2021, Peoples’ Self-Help Housing Corporation received building permit issuances for the mixed-use component (commercial space and four residential units) of a 40-unit, 100% affordable housing project1 at 3720 Broad Street Place. This development is adjacent to the Iron Works development by HASLO which was also a 100% affordable project. These units will be reserved for Extremely Low- (5), Very Low- (24), and Low-Income (10) residents. 1 The Broad Street Place Apartments are 100% affordable, not including the managers unit, which is to be rented at market-rate.

Toscano Apartments by HASLO

Courtyard at the Meadows – HASLO/SLONP
At the beginning of 2021, the Housing Authority of San Luis Obispo (HASLO) finalized construction on the Courtyard at the Meadows. This affordable housing development offers 36 new housing units, exclusively available to very-low and low income families. These one-bedroom, twobedroom, and three-bedroom apartments are located in close proximity South Hills Open Space, in the Serra Meadows neighborhood off of Prado Road.

Courtyard at the Meadows
Broad Street Place Entrance

Funding and Grant Programs for Housing-Related Programs

1. Community Development Block Grant Program (CDBG): The CDBG program provides annual funding for eligible affordable housing projects and support for the homeless shelter. Over the past nine years the CDBG Program has allocated over $3,330,000 towards affordable housing and approximately $1,015,000 towards homeless services.

Projects funded for the 2021 Program Year included homeless services and affordable housing land acquisition for a new 100 percent affordable housing project to be owned and managed by the Housing Authority of San Luis Obispo (HASLO), titled Toscano Family Apartments.

2. SB2 Grant: The Planning Grants Program provisions of SB2 is intended for the preparation, adoption, and implementation of plans that streamline housing approval and accelerate housing production. The City received a grant of $160,000 in January 2020 to develop and adopt a flexible density program that would allow for additional, smaller residential units (150-600 sq. ft.) within the Downtown, Upper Monterey and Mid-Higuera planning areas.

The City has completed an administrative draft ordinance and is proceeding with environmental review to incorporate between 320-600 units under 600 sq. ft. into the downtown areas. The project is scheduled to be reviewed prior to the grant deadline of December 2022.

3. Local Early Action Planning (LEAP) Grant: LEAP provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production and facilitate compliance in implementing the sixth cycle of the regional housing need assessment. The City submitted their $150,000 invoice for reimbursement on December 1, 2021. The LEAP Grant will reimburse 1,279 hours of staff time dedicated to updating the City’s 6
th Cycle Housing Element.

4. Regional Early Action Planning (REAP) Grant: REAP provides funding for technical assistance, preparation, and adoption of planning documents and process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing needs allocation. The City applied and was granted $283,003 in December 2020 to be used to update the Inclusionary Housing Ordinance and expand the City’s objective design standards and revise the development review process to expedite application processing and accelerate housing production. Since receiving the grant, the City has been reimbursed $50,783.18 for work completed by staff and consultants on the Objective Design Standards and the Inclusionary Housing Ordinance.

Homelessness Solutions
Homelessness response was identified as a Major City Goal (Housing and Homelessness) as part of the Fiscal Year 2021-2023 Financial Plan. With the effects of the COVID-19 pandemic bringing new urgency to the City’s goal of addressing homelessness in San Luis Obispo, City Council actions resulted in an enhanced, regional effort in 2021. In local government, counties are primarily responsible for leading efforts to address homelessness, yet the impacts often are borne directly by cities. In the past year, the City of San Luis Obispo responded to 32 encampment fires and 516 medical incidents involving people experiencing homelessness, removed 70 tons of trash, and cleaned up 135 illegal encampments. In all, $679,000 in City funds were spent on cleanup and maintenance activities related to homelessness. The City also provided $157,000 to the 40 Prado homeless shelter for programs and operations, as well as funding for a part-time social worker to assist homeless persons, be a resource for Downtown businesses and conduct job training.

Strategic Planning for Homelessness
On November 16, 2021, the Homelessness Response Manager provided a Strategic Plan for Homelessness Response to City Council to receive feedback on the approach that was outlined by staff. The report discussed the role of the Homelessness Response Manager and the level of engagement that has been implemented since the onboarding of the new manager. Key Components in the strategic plan include data collection, an improvement of interdepartmental communications, developing pilot programs, regional collaboration and engagement, and funding opportunities. City Council indicated they were supportive of the approach and indicated they would like to see the following groups included in outreach:
• Encampments, mixed-use and commercial neighborhoods
• Cal Poly unions
• Health care providers
• People with disabilities
Grants-in-Aid Program
The City’s Grants-in-Aid program, overseen by the Human Relations Commission, provides financial support to non-profit organizations that promote the economic and social wellbeing of the community including homeless prevention programs, support services, affordable and transitional housing opportunities, hunger and malnutrition prevention, and supportive and development services for children and seniors. The Grants-in-Aid program is extremely competitive and had a total combined funding request of $303,000 which was $153,000 more than what was available to the program. The Human Relations Commission reviewed 30 applications and recommended full or partial funding for 25 different organizations. The City has completed the issuance of $150,000 in grants to those organizations since the approval of the funding recommendations.

Community Action Team
The Community Action Team (CAT) began with the San Luis Obispo Police Department with two officers whose patrol focus was on the Downtown core and contacting homeless individuals. In 2018, social worker John Klevins, MSW, joined CAT through a partnership with Transitions Mental Health (THMA) and the County of SLO. Klevins works side-by-side with SLOPD Officer Tim Koznek focusing on outreach and preventive engagement with the City’s most vulnerable populations.

In 2021, the CAT team engaged with 541 people, and of those, 100 were treated for mental health, substance abuse, or other issues. CAT also connects people with resources to find housing and other services such as veterans’ benefits, social security, and educational opportunities.

Partnerships with Downtown SLO and CAPSLO
The City provides funding for the Downtown Ambassador Program and a Social Enterprise Job Training Initiative. This includes the provision of a part-time social worker to assist homeless persons and be a resource for Downtown businesses. It also allows CAPSLO and the Downtown Ambassador to recruit homeless individuals for basic cleaning duties as part of job training.

Funding for these initiatives come from Local Revenue Measure (Measure G-20) revenue from the current fiscal year. Measure G-20 was passed by the voters as part of the November 2020 election and identified priorities included addressing homelessness. The City of San Luis Obispo implemented the Make Change Count to create awareness about the negative impacts of panhandling and provide an alternative through donation stations. Currently, there are 7 donation meters located throughout downtown San Luis Obispo.

On March 2, 2021 the City Council held a public hearing to consider the HRC’s recommendations for the FY2022 Draft Action Plan. During this public hearing, council approved a public services allocation in the amount of $70,963 to CAPSLO to increase the capacity, range, and efficiency of services offered by CAPSLO. These funds were also used to increase on-site partnerships with community organizations.

Webpage Development
Staff has improved accessibility to resources by developing a detailed webpage in 2021 to keep community members updated on events, activities, and contacts for where services are provided.

The Homelessness Prevention and Assistance webpage can be accessed under Living >>Neighborhood>>Homelessness. The webpage will continue to provide the latest news on the City’s homelessness response.

Housing Element Program Implementation
Since adopting the Housing Element in November 2020, City staff has implemented a number of Housing Element Programs in alignment with the Housing and Homelessness Major City Goal.

Table 6 displays a list and discussion on programs that were implemented or started in 2021.

Table 6 – Housing Element Program Implementation Progress, 2021 Update the Inclusionary Housing Ordinance: City staff began work with a consultant on a feasibility analysis (based on the Nexus Study completed in 2020) and preliminary draft of the Inclusionary Housing Ordinance Update. The preliminary draft was presented to Council in March 2022. Based on Council’s direction, staff will be moving forward with community outreach and preparing a final draft of the Ordinance in 2022.

Program

2.13 Update the Inclusionary Housing Ordinance, including Table 2A, based on findings and recommendations in the 2020 Affordable Housing Nexus Study and conduct further feasibility analysis in order to evaluate the City’s ability to provide affordable housing in the proportions shown in the Regional Housing Needs Allocation, per Policy 2.4.

Flexible Density Program: The City has completed an administrative draft ordinance and is proceeding with environmental review. The project is scheduled to be reviewed prior to the grant deadline of December 2022.

Program

2.15 Evaluate a flexible density pilot program and initiate an update of the Zoning Regulations and Community Design Guidelines to incorporate flexible density development options in Downtown Core and portions of Upper Monterey and Mid-Higuera Special Focus Areas to support the production of 50 smaller residential units (150 to 600 square feet) per year during the planning period.

Adoption of Objective Design Standards (ODS): On November 2, 2021, the City Council adopted Ordinance No. 1703 (2021 Series) amending the Zoning Regulations with Objective Design Standards for qualifying residential projects. The provisions of this amendment apply to all residential projects, in all zones, that qualify for streamlined, ministerial processing per SB 35 (Government Code Section 65913.4), or that are a “use by right” residential project (these include any projects that comply with HE Programs

2.17 and 2.18).

Program

6.22 Update the City’s municipal code to expand objective design standards within one year of the adoption of the Housing Element Update.

Program

2.17 In order to provide adequate sites for lower income households on non-vacant and vacant sites previously identified in the Housing Element (Table E-2), the City will, within one (1) year of the adoption of the Housing Element Update, allow developments (including mixed-use projects) that include at least 20 percent of the residential units as affordable to lower income households, by right (no discretionary review).

Program

2.18 Utilize objective design standards to allow residential uses by right (no discretionary review) for those developments (including mixed-use projects) that include at least 20 percent of the residential units as affordable to low income households.

Zoning Regulations Update: On November 16, 2021 and December 7, 2021 the City Council introduced and adopted an ordinance to Title 17 of the City’s Municipal Code (Zoning Regulations). Those updates included all the changes outline in HE Programs 5.5, 6.23, 8.18 and 8.23. The Ordinance became effective in February 2022 upon concurrence with the San Luis Obispo County Airport Land Use Committee.

Program

5.5 Update the Zoning Regulations to allow mixed-use development within Service Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of the adoption of the Housing Element.

Program

6.23 Update the development review process and expand the thresholds of each review level (minor, moderate, and major) to eliminate or reduce the number of public hearings required for housing projects within one year of adopting the Housing Element.

Program

8.18 Review and amend the Zoning Regulations within one year of Housing Element adoption to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow supportive housing a use-by-right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential zones permitting multifamily uses.

Program

8.23 Update Zoning Regulations, within two years of Housing Element adoption, to be consistent with the Employee Housing Act; including: 1) an update of Table 2-1 to allow single-unit dwellings without a Conditional Use Permit within the Open Space and Conservation (C/OS) zone and employee housing consisting of no more than 36 beds in a group quarters, or 12 units or separate rooms or spaces designed for use by a single-family or household within the C/OS and AG zones, and 2) remove Chapter 17.148 - High-Occupancy Residential Use Regulations.

Source: Community Development Department, 2021

Residential Growth
The Land Use Element policy related to residential growth (LUE 1.11.2) states that the City’s housing supply shall grow no faster than one percent per year, on average, based on established thresholds shown in Table 7 (Table 3 in the Land Use Element). This policy was modified in 2010 under Ordinance No. 1550 to an annual average population growth rate of one percent per year.

Affordable Dwellings restricted to residents with extremely low, very low, low, or moderate incomes, new dwellings in the Downtown Core (C-D zone), and legally established accessory dwelling units are exempt from these regulations (M.C. 17.144.020.D).

Table 7 – LUE Table 3, One Percent City Population Growth Projection Year Approximate Maximum
Number of Dwelling*
Anticipated Number of People
2013 20,697 45,541
2015 21,113 46,456
2020 22,190 48,826
2025 23,322 51,317
2030 24,512 53,934
2035 25,762 56,686
Estimated urban reserve capacity: 57,200
Source: Land Use Element, City of San Luis Obispo General Plan, Table 3, page 1-37. *2013 population based on CA Department of Finance data and projected based on 1 percent annual growth.

Based on the Community Development Department’s residential building permit data, the City has maintained an average annual growth rate of 0.81 percent per yearsince 2015, in compliance with the one percent maximum average annual growth rate, as shown in Table 8.

Table 8 – Residential Growth Rates, 2015-2021
Calendar Year
Period New Units Average Annual Growth Rate
Total Units in the
City in 2021
LUE Estimated Units
in 2021 (1% Growth)
2021 429*

0.81% 22,018* 22,416
2015 - 2021 1,207*
Source: 2021 Building Permits finaled, Community Development Department *Total units subject to growth management limitations. This total excludes deed-restricted affordable units, accessory dwelling units (ADUs), and new dwellings in the Downtown Commercial (C-D) Zone.

The all-encompassing unit total in 2021 was 22,432 units.

From 2015 to 2021, the City granted occupancy to 1,621 newly constructed residential units (also accounting for the 36 units that were demolished between 2015 and 2021). Of the 1,621 units constructed between 2015-2021, 1,207 units were subject to growth management limitations.

Of the units exempt from the growth management ordinance, 230 units were deed restricted for affordable housing, 181 units were identified as Accessory Dwelling Units or Junior Accessory Dwelling Units, and 3 units were located within the Downtown Commercial (C-D) zone. As of 2021, there are a total of 22,018 residential units subject to the growth management ordinance within the City (as identified in Table 8 on the previous page), where the 2015 LUE estimated 22,416 units for 2021.

The City updated the General Plan Land Use and Circulation Elements in 2015, however, some of the housing construction occurring today within the Orcutt Area and the Margarita Area was planned for in the previous General Plan. Due to a variety of factors, some of the development originally planned in the 1994 General Plan is only now under construction. LUE Policy 1.11.2 (Residential Growth Rate) states that the approved specific plan areas may develop in accordance with the phasing schedule adopted by each specific plan, provided that thresholds established by LUE Table 3 are not exceeded. Of the 1,621 units granted occupancy from 2015 to 2021, 692 of the units were located within Specific Plan areas.

Housing production has been a Major City Goal for several financial plans and the City has prioritized policies that support new housing production. Lack of affordable housing and workforce housing continues to be an obstacle for many residents in San Luis Obispo. The good news is that the City is purposefully growing in alignment with the community’s long-range plans and highest priorities. Current levels of residential growth are consistent with the City’s Growth Management Ordinance and the City’s obligations to accommodate its Regional Housing Needs Allocation. The City has planned its resources to support a “build out” population of 57,200 residents, while the current State population estimate for the City is 46,058 residents as of January 1, 2021.

0.46%

0.33%

0.44%

0.29%

0.56%

0.00%

0.10%

0.20%

0.30%

0.40%

0.50%

0.60%

0.70%

0.80%
2017 2018 2019 2020 2021
Growth Rate
Year
Non-Residential Growth
Based on final building permits, 65,510 square feet of net new non-residential floor area was added to the City in 2021, resulting in an annual growth rate of 0.56 percent. Figure 2 illustrates the net annual non-residential growth rate from 2017 to 2021. Non-residential growth includes office, services and manufacturing, retail, hotel, and institutional uses.

Figure 2 - Net Annual Growth Rates of Non-Residential Sectors, 2017-2021 Source: Building Permits Finaled, Community Development Department, 2021 Note: Demolition of nonresidential square footage included in calculations.

Land Use Element Policy 1.11.4 states that each year, the Council will evaluate the actual increase in non-residential floor area over the preceding five years. The Council shall consider establishing limits for the rate of non-residential development if the increase in non-residential floor area for any five-year period exceeds five percent. The five-year net non-residential growth rate for 2017 through 2021 was 2.08 percent.

Each year, City Council has considered whether or not to implement limits to new non-residential floor area and has decided against establishing limits. If limits are established, they would only apply to certain types of new commercial floor area, such as new offices or new retail establishments outside of the downtown core. Since the five-year growth rate is less than five percent (2.08 percent) establishing limits to new non-residential floor area is not necessary at this time.

Specific Plan Implementation and Development
The General Plan requires approval of specific plans as a precursor to development of the City’s major expansion areas. Specific plans typically contain more detailed land-use and design standards than the General Plan and address the timing and financing of public facilities. Specific plans can supersede the Zoning Regulations or lead to amendments of the Municipal Code. The process for adopting a specific plan is similar to the process for adopting or amending a section of the General Plan.

Margarita Area Specific Plan
The Margarita Area is located in southern San Luis Obispo and is bounded by South Higuera Street, Broad Street, Tank Farm Road, and the ridge of the South Hills. Primarily envisioned for residential development with another 68 acres slated for residential and business park uses.

Proposals for the Margarita area thus far have included mainly single-family homes with portions of open space and pedestrian network advancing.

The Margarita Area is ideally suited to accommodate San Luis Obispo’s planned residential growth for the near future as the area provides convenient access for residents to employment, shopping, and recreation. Community goals for this area include up to 868 homes in a wide range of housing types. Table 9 below displays the status on development in the Margarita Area.

Table 9 - Margarita Area Development Status, 2021
Projects Address Commercial Dwellings Status
Toscano 3000 Calle
Malva
-
168
Planning Entitlements - Approved
Public Improvements - Under Construction
Building Permits Issued– Under
Construction
Toscano
Affordable
Housing
3065 Lucca 38 Planning Entitlements - Approved
Serra Meadows 408 Prado -169 Construction Complete
Serra Meadows
Prado Frontage
3420 Serra
Meadows
-
31 Construction Complete
Courtyard at
Serra Meadows
3725
Orcutt
-
36 Construction Complete
Prado Business
Park 301 Prado 159,663 -
Planning Entitlements – Approved
Public Improvements - Under Review
Building Permits – Under Review
Total 159,663 442
Source: Community Development Department, 2021

Orcutt Area Specific Plan
Nestled at the base of the Santa Lucia foothills, the Orcutt Area provides a variety of scenic resources for residents of the area and travelers along Orcutt Road and Tank Farm Road, including views of Righetti Hill, Islay Hill and the Santa Lucia foothills.

Located along the southwestern edge of the city limits of San Luis Obispo and bounded by Orcutt Road, railroad and Tank Farm Road, the area encompasses 230 acres of land at the base of Righetti Hill. The Orcutt Area Specific Plan calls for a residential neighborhood with up to 979 homes and a variety of housing types, parks and recreational opportunities including bicycle and pedestrian paths, and natural habitat and visual resource protection in nearby open space areas.

Table 10 below displays the status on development in the Orcutt Area.

Table 10 - Orcutt Area Development Status, 2021
Projects Address Dwellings Commercial
Sq. Ft. Status
Bullock Ranch 3580 Bullock 192 585 Planning Entitlements – Approved Pratt Property 3750 Bullock 35 3,400
Planning Entitlements - Approved
Public Improvements - Under Review
Building Permits – Under Review
Imel Ranch 3777 Orcutt 18 Construction Complete
South Morros 3725 Orcutt 53
Planning Entitlements - Approved
Public Improvements - Approved
Building Permits Issued – Under Construction
Vinifera 3700 Ranch
House 40 Planning Entitlements – Approved
Building Permits Issued – Under Construction
Righetti Ranch
Subdivision 3987 Orcutt 304
Planning Entitlements - Approved
Public Improvements – Substantially
Complete (Phases 1 and 2), Under
Construction (Phase 3)
Building Permits Issued – Under Construction
Tiburon Place
(Affordable) 3750 Bullock 68 Planning Entitlements - ApprovedBuilding Permits – Under Review Jones Subdivision 3761 Orcutt 65
Planning Entitlements - Approved
Public Improvements - Substantially
Complete
Building Permits Issued – Under Construction
Jones Mixed-Use 3806 Ranch
House 15 7,600 Planning Entitlements – Approved
(Modification Entitlement in process)
West Creek: Vintage 1355 Orcutt 105 Construction Complete West Creek: Noveno 1355 Orcutt 67
Planning Entitlements - Approved
Public Improvements - Approved
Building Permits Issued – Under
Construction
Total 956 11,585
Source: Community Devleopment Department, 2021

Airport Area Specific Plan
Avila Ranch Development Plan
In 2017, the City Council approved the
Avila Ranch project to enable the
development of 720 residential units
and 15,000 square feet of
neighborhood commercial uses on a
150-acre site north of Buckley Road
within the boundaries of the Airport
Area Specific Plan (“AASP”).

An application for Major Development
review of Phases 1-3 was submitted in
December 2020. This area would
include up to 297 dwelling units in the R-2 zone portion of the plan area. The application was reviewed by the Architectural Review Commission and approved by the Planning Commission in September 2021. Building permits for this part of the project are under review and anticipated to be issued in early 2022. Table 11 shows the status on development in the Avila Area.

Table 11 - Avila Area Development Status, 2021
Projects Address Dwellings Commercial
Sq. Ft. Status
Avila Ranch SFR 175 Venture 297 - Building permits under review Source: Community Devleopment Department, 2021
600 Tank Farm
The 600 Tank Farm project is a Residential Mixed-Use Project located immediately north of Tank Farm Road, near its intersection with Santa Fe Road within the Business Park (BP-SP) zone and within the Airport Area. The mixed-use project consists of 280 residential units and approximately 12,500 square feet of commercial space. The residential units are provided within three different housing types: 140 townhomes, 100 stacked flat units, and 40 studio and onebedroom units over the commercial structures. The townhome and stacked flat units are intended as ownership units, while the mixed-use units will likely be a rental product.

Both the Business Park (BP-SP) zone and the Airport Area Specific Plan (AASP) prohibit residential uses at the project location. The project proposes a General Plan Map Amendment to rezone the 600 Tank Farm property from Business Park (BP-SP) to Commercial Services (C-S-SP) zone, as well as an Airport Area Specific Plan (AASP) Amendment to allow for a mixed-use project, similar to the approved mixed-use project on the adjacent property 650 Tank Farm Road.

The Planning Commission recommended approval of the 600 Tank Farm Road Residential MixedUse Project in November 2021, and the project was subsequently approved by City Council in February 2022.

Avila Ranch Site Plan

San Luis Ranch Specific Plan
The San Luis Ranch Specific Plan
project includes a mix of 657
residential units up to 114,300 square
feet of general commercial/retail
space, 150,000 square feet of office
development, and a 200-room hotel.

Backbone infrastructure including
roadways and utilities throughout the
site have been completed including
the extension of Dalidio Drive into the
site and the extension of Froom Ranch
Way through the site was completed in
2021. Planning entitlements were also
completed in 2021 for the Agricultural
Heritage and Learning Center which
includes several new commercial
buildings and the rehabilitation of
historic structures.

Table 12 - San Luis Ranch Area Development Status, 2021 Projects Address Dwellings Commercial
Sq. Ft.

Hotel
Rooms Status
Commercial
Center
1035
Madonna
77 114,300
Planning Entitlements – Approved
Public Improvements – partially Complete
SpringHill
Suites
- 200
Planning Entitlements - Approved
Public Improvements - Under Review
Building Permits – Under Review
NG-10 SingleUnit Residences 198
Planning Entitlements - Approved
Public Improvements - Under Construction
Building Permits Issued – Under Construction
NG-23 SingleUnit Residences 83
Planning Entitlements - Approved
Public Improvements - Under Construction
Building Permits Issued – Under Construction
The Orchard 296
Planning Entitlements - Approved
Public Improvements - Under Construction
Building Permits Issued – Under Construction
Agricultural
Heritage and
Learning Center
- 31,200
Planning Entitlements – Approved
Public Improvements – Under review
Building permits – Under Review
Total 654 114,300 200
Source: Community Devleopment Department, 2021
San Luis Ranch Site Plan

Froom Ranch Specific Plan (Madonna on LOVR)
A major component of the Froom Ranch
Specific Plan is a Life Plan Community (LPC)
known as Villaggio, which would provide a
variety of independent and assisted senior
living units, memory care beds; skilled
nursing beds; and a wellness center and
ancillary services. In addition to the LPC,
the Specific Plan includes approximately
174 multi-family units; 100,000 square
feet of commercial retail uses; a 3.6-acre
trailhead park, which would incorporate
onsite historic structures; and over 60
acres of land designated for conservation/
open space. Consideration of the project
included preparation of an EIR.

The City Council certified the Final EIR and approved the Specific Plan, General Plan Amendment, Pre-zoning of the property, the associated Vesting Tentative Tract Map, and authorized submittal of an annexation application to LAFCO in September 2020. An annexation application was filed in February 2021 and was approved by LAFCO in October 2021.

Froom Ranch Site Plan

Municipal Code Updates
Zoning Regulations - 2021 Update
On December 7, 2021, the City Council adopted an ordinance to amend several sections of the City’s Zoning Regulations to implement several Housing Element Policies, ensure consistency with the 2021 San Luis Obispo’s Airport Land Use Plan Update and to address several sections of code identified for clarification during the period since a comprehensive Zoning Ordinance update was completed in 2018.
6 Th Cycle Housing Element Implementation
With the November 17, 2020 adoption of the 6th Cycle Housing Element by the City and the September 3, 2021 state certification of compliance from HCD, several programs were required to be implemented in the City’s Zoning Regulations within one-year of adoption to maintain consistency with General Plan and state law. Housing Element programs that were implemented with this ordinance update included changes to Zoning Regulations in Title 17 of the Municipal Code implementing the following:
• Program 5.5: Update the Zoning Regulations to allow mixed-use development within Service Commercial (C-S) and Manufacturing (M) zones without a use permit within one year of the adoption of the Housing Element.
• Program 6.23: Update the development review process and expand the thresholds of each review level (minor, moderate, and major) to eliminate or reduce the number of public hearing required for housing projects within one year of adopting the Housing Element.
• Program 8.18: Review and amend the Zoning Regulations within one year of Housing Element adoption to ensure compliance with: 1) the Supportive Housing Streamlining Act (AB 2162) to allow supportive housing a use-by-right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed development meets specified criteria; and 2) AB 101, to allow Low Barrier Navigation Centers by-right in all residential zones, areas zoned for mixed-uses, and nonresidential zones permitting multifamily uses.
• Program 8.23: To address conflicts of the City’s code and the Employee Housing Act, proposed amendments to the Zoning Regulations include: 1) An update of Table 2-1 to allow Single-Unit Dwellings without a CUP within the Open Space and Conservation (C/OS) zone and allow employee housing consisting of no more than 36 beds in a group quarters, or 12 units or separate rooms or spaces designed for use by a single-family or household within the C/OS and AG zones; and 2) remove Section 17.148 (High Occupancy Residential Use Regulations), to be consistent with the intent of the Employee Housing Act (Government Code Section 17021.5 and 17021.6) and to be consistent with the Uniform Housing Code which regulates occupancy limits, as confirmed in the case of Briseno v. City of Santa Ana.

San Luis Obispo County Airport Land Use Update Consistency The San Luis Obispo County Regional Airport (SBP) Airport Land Use Plan was officially amended and restated on May 26, 2021. As a result, in accordance with the State Aeronautics Act, the City updated regulations within 180 days to maintain consistency with this plan for land use changes within the airport area. The Zoning Regulations update required continued referral of certain projects to the San Luis Obispo County Airport Land Use Commission and clarified procedure in accordance with the Airport Land Use Plan update.

Miscellaneous Changes to Zoning Regulations (Title 17)
After more than 18 months of implementation of the 2018 Zoning Regulations Update and additional updates since, pertaining to Accessory Dwelling Units, as well as a recognition of refinements needed with changing business operations during the COVID-19 pandemic, a number of minor changes and corrections were also included in the Zoning Regulations update to add clarification to development review processes and more efficiently implement policies and programs of the General Plan.

Objective Design Standards (Chapter 17.69)
Design review for most new construction is accomplished through a discretionary process based on the City’s Community Design Guidelines (CDG), with either the Community Development Director or the Planning Commission granting final approval depending on the size of the proposed project. However recent state law requires that cities review specific qualified housing projects through a ministerial review process and base review on objective standards. Ministerial review allows qualifying projects to proceed straight to a building permit application without first going through a discretionary review process. The Housing Element Update, adopted in 2020, included Program 6.22 that directs the City to update the municipal code to include objective design standards for qualifying residential projects subject to ministerial approval within one year of the adoption of the 6th Cycle Housing Element.

The Objective Design Standards (ODS) were developed by City staff with the help of a subcommittee of the Architectural Review Commission (ARC). The ODS were subsequently reviewed by the full ARC and the Planning Commission. Staff also conducted public outreach with the Chamber of Commerce and other stakeholders in the development process consistent with the City’s public engagement manual.

On November 2, 2021, the City Council voted 5 - 0 to introduce Ordinance No. 1703 (2021 Series) to amend Title 17 of the Municipal Code adding Objective Design Standards Chapter 17.69 for qualifying residential projects. The second reading of the ordinance was approved on December 7, 2021 and the ODS became effective on January 5, 2022. With the adoption of objective design standards, the City will be in a better position to accomplish its policies for new construction while providing a streamlined approval process consistent with state law.

Building Code & Reach Code Updates (Clean Energy Choice Program for New Buildings) The Clean Energy Choice Program for New Buildings supports all-electric and low GHG emissions new buildings with requirements for fossil fuel powered buildings to be more efficient and for solar panels to be installed on nonresidential buildings (among other minor provisions). The program also includes incentives and technical support.

In September 2019, City Council adopted Resolution R-11044 (2019 Series) stating its preference for all-electric buildings. In July of 2020, City Council adopted Ordinance No. 1684 and No. 1685 to add local amendments to the Energy Code in Title 15 and to amend Title 17 to provide limited term regulatory flexibility to support all-electric new buildings.

In December 2021, staff analyzed permit data for the first year of the program and found that over the one-year study period, the program has led to a substantial number of new all-electric residential units (204 out of 333 units, 61 percent of total units). It is important to note, though, that 153 all-electric units submitted as part of the San Luis Ranch project were subject to a Development Agreement requiring all electric new building. Another consideration is that 68 mixed-fuel units built in the Righetti Ranch subdivision were exempt from the program because of the effective date of the ordinance. For a more accurate comparison, staff has removed San Luis Ranch and the Righetti Ranch/Orcutt Area Specific Plan permit applications from the analysis to reflect only those permits that were subject to the program and where the developer had the option to choose between fuel types. Of these remaining 112 units, 51 are all-electric and 61 are mixed-fuel (46 percent and 54 percent, respectively).

Climate Action Plan
Climate action was identified as a Major City Goal (Climate Action, Open Space, and Sustainable Transportation) as
part of the Fiscal Year 2021-2023 Financial Plan. The
Climate Action Plan for Community Recovery (CAP) was
adopted in September 2020. City staff spent much of 2020 preparing for CAP adoption. The Plan contains quantified strategies to reduce greenhouse gas (GHG) emissions that effectively lays the groundwork to achieve Council’s
adopted goal of community carbon neutrality by 2035. It also serves as the City’s CEQA Qualified Community GHG
Reduction Strategy and includes CEQA GHG Emissions
Threshold and Guidance and Checklist for plans and
projects to demonstrate consistency with the Climate
Action Plan’s GHG emissions reduction strategy, and if consistent, allow tiering from the existing programmatic environmental review contained in the adopted IS-ND for the Climate Action Plan.

Foundational actions detailed in the CAP include a combination of programs, projects, and initiatives that stimulate emissions reductions across six decarbonization pillars and facilitates implementation of several policies in the Land Use, Circulation, Conservation and Open Space Elements. The CAP was drafted amidst a robust community outreach process, and staff intends to continue engagement throughout the implementation process. The City anticipates updating the CAP every three years to expand existing foundational actions and add new ones based on emerging emissions reduction strategies and technologies. Staff kicked off the most current update in January 2022 and expects to adopt the update plan in Fall of 2022.

In the Fall of 2020, research and planning for a comprehensive building retrofit program was initiated. City staff convened a cohort of peer cities across the central coast to collaborate on existing building decarbonization strategy development, community outreach, and technical building stock analysis. Seeking technical support and project funding, staff presented the cohort as a practical approach to piloting existing building decarbonization strategies to various agencies and nonprofit organizations. City staff reconvened the interdepartmental Green Team for the Lead by Example initiative in the Fall of 2020. Staff engaged with participants from each department to introduce the council-adopted goal of carbon neutral City operations by 2030, collaboratively identify priorities, develop near and long-term emissions reduction measures, and execute tasks. Various immediate tasks staff supported include the CIP proposal process, the Fleet Replacement Policy Update, and the employee bicycle payroll financing program. This collaborative process led to adoption of the Lead by Example plan in summer of 2021, which lays out a direct path to carbon neutral government operations by 2030.

Economic Development
The City’s Economic Development Strategic Plan (EDSP) was adopted by City Council 2012 and was revised in 2015. The EDSP focuses on creating a system that supports and sustains industries creating head of household jobs. The EDSP is organized into four overarching strategies:
• Break Down Barriers to Job Creation
• Actively Support Knowledge & Innovation
• Promote and Enhance the San Luis Obispo Quality of Life • Build on Existing Efforts and Strengthen Regional Partnerships In response to the economic impacts of the COVID-19 pandemic, the City identified Economic Recovery, Resiliency, and Fiscal Sustainability as a Major City Goal for the Fiscal Year 2021-2023 Financial Plan. The EDSP was scheduled to be updated in 2020, but due to the COVID-19 pandemic, the update has been postponed until 2022. While the majority of the Economic Development efforts in 2020 and 2021 were focused on local response to the COVID-19 pandemic, many of those efforts also contributed to the goals outlined in the EDSP. Examples of this include programs initiated to speed tenant improvements, breaking down barriers to job creation, and working with partners such as Downtown SLO, the Chamber of Commerce, and the Hothouse on communication and education built on regional partnerships.

Tourism and Community Promotions
The importance of City’s Tourism and Community
Promotions activities as an economic development function for the City of San Luis Obispo was ever present during 2021.

Although the tourism industry was one of the hardest
impacted in 2020 by the COVID-19 pandemic, tourism in San Luis Obispo began to experience a strong recovery in 2021 resulting in $9 million dollars in transient occupancy tax (TOT), a 43% increase compared to the prior year. This
recovery in TOT can be directly attributed to higher-thannormal Average Daily Rate (ADR) at $186 –in all 27% higher than the year prior, as well as a return turn in occupancy which was 65% for the annual total - 34% higher than the previous year however still lower when compared to 70% in 2019. The strongest months of the year was July, when the City collected $1.2 million in TOT, the first time in City history to ever exceed $1million in TOT revenue in a single month. While the trajectory of recovery for San Luis Obispo was impactful, the continuation may be fleeting as more tourism destinations become to reopen and consumer confidence to travel further increases.

During this same period, the Promotional Coordinating Committee (PCC) continued their commitment to enhance the San Luis Obispo experience for residents as well as visitors. The PCC expanded the community-wide light pole banner program adding a total of four series to the banner inventory as well as expanding it up Monterey Street and throughout downtown and the

Railroad District. In total there are nearly 150 banner placements through the community along with colorful artwork to displayed quarterly. Additionally, the PCC continued with the modified the City’s Cultural Grants-in-Aid (GIA) program in response to COVID-19 restrictions. The PCC provided vital promotional grants to local non-profit organizations for virtual, passive or hybrid experiences to enrich the social, cultural, and diverse community events and activities available during this time. Additionally, the PCC established a pilot program called Plaza Pop-Ups for the months of April – August 2021 which featured month-long installations in Mission Plaza to drive beatification, community placemaking and engagement in the Downtown through partnerships with various non-profit partners.

Throughout 2021, the PCC also directed the “Support Local” campaign through the Economic Development program in response to the COVID-19 pandemic that included a multi-channel paid advertising plan, local public relations, social media content strategy and business support. As well as the implementation of the shopping incentive program called Buy Local Bonus. Over the course of the year, the Buy Local Bonus ran twice, Winter 2021 and Holiday 2021. Since the initial program launch in mid-December 2020, the program resulted in $1.6 million dollars in direct local spending and engaged nearly 9,000 shoppers between the two sessions.

Homestay Rentals
In 2015, the City Council adopted Ordinance No. 1611 (2015 Series) which specifies rules and requirements for short-term rentals (commonly referred to as the Homestay program). This program was established to provide an expanded type of lodging available within the City and in order to protect the viability and availability of the City’s housing stock. Vacation Rentals are illegal in the City of San Luis Obispo to preserve housing stock for residential uses. To ensure that Homestays do not reduce the amount of housing available for residents, they may only be established at a property owner’s primary residence.

Since the ordinance’s adoption, the City has approved 156 Homestay Permits. In an effort to ensure that Homestays are operating in compliance with the ordinance, the Community Development Department began proactive compliance enforcement. This work effort consists of maintaining a database of active permitted and unpermitted homestay within the City’s jurisdiction; ongoing monitoring for compliance with zoning and permit compliance, including systematic outreach to non-compliant homestay property owners; and tax remittance monitoring. Since August 2018, to further support the ongoing tax remittance, the City reached an agreement with Airbnb to collect Transient Occupancy Taxes (TOT) and any other required assessments, including Tourism Marketing District (TMD) and Tourism Business Improvement District (TBID) assessments, that are generated by the operation of a homestay.

Policy Initiatives
Cannabis Ordinance
The City currently has three cannabis businesses open and operating in the City, one retail storefront, and two delivery businesses. The City expects two additional cannabis businesses will open in 2022, one retail storefront, and one delivery business.

During 2021, three cannabis operators, two delivery businesses, and one retail storefront, stopped moving through the City’s Cannabis Operator Permit process. One of the delivery businesses decided to stop pursuing a Cannabis Operator Permit, and the other delivery business’ Cannabis Operator Permit automatically lapsed in line with 9.10.070 D due to the business’ untimely permit activation. The retail storefront was automatically disqualified from activating, obtaining or holding a Cannabis Operator Permit as a result of the business’ submission of false or misleading information in obtaining and maintaining a Cannabis Operator Permit. A maximum of three retail storefront businesses are allowed in the City, and as a result of one of the retail storefront’s Cannabis Operator Permit termination, the City will reopen a cannabis application period to permit a third retail storefront business.

Since the City Council has adopted the cannabis business program, staff has provided an annual update with recommendations for improvements. In 2022, City staff will bring additional cannabis program updates to City Council for consideration and direction during a regularly scheduled City Council Meeting.

Water Supply
During the 2021 calendar year, the City obtained water from four sources: Salinas Reservoir (Santa Margarita Lake); Whale Rock Reservoir; Nacimiento Reservoir; and recycled water from the City’s Water Resource Recovery Facility (WRRF).

Table 13 - City Water Resource Availability, 2021
Water Resource 2021 Annual Availability
Salinas Reservoir (Santa Margarita Lake) and Whale Rock Reservoir 4,910 AF Safe Annual Yield1 Nacimiento Reservoir 5,482 AF Dependable Yield2
Recycled Water 245 AF 2020 Annual
Usage3
Siltation to 2060 (500 AF) WWME Policy4
A$4.2.24
TOTAL 10,137 AF
Source: Utilities Department, 2021
1Safe Annual Yield is the quantity of water which can be withdrawn every year while operating both reservoirs in coordinated operations under critical drought conditions. The City’s Safe Annual Yield Model was updated in 2018 to reflect drought conditions that ended in 2017. 2Dependable Yield is the contractual amount of water the City has right to from Nacimiento Reservoir. 3The quantity of recycled water included is the actual prior year’s recycled water usage (2020) per WWEA7.2.2. 4Reservoir siltation is a natural occurrence that reduces storage capacity over long periods, resulting in the reduction of safe annual yield.

In 2021, availability from the City’s water sources equaled 10,137 acre-feet, as shown in Table

13. This supply meets the projected primary water supply need at General Plan build out of 7,496 acre-feet, plus an additional 1,207 acre-feet for a reliability reserve and a secondary water supply of 1,434 acre-feet.

The primary water supply was calculated using the City’s build-out population (57,200 people)2 and the water use rate of 117 gallons per capita. The reliability reserve was calculated using the City’s 2021, population (46,058) and 20 percent of the aforementioned water use rate. The secondary water supply includes the remaining water resources. Additional information is available in the City’s annual Water Resources Status Report. 2The City’s population projection of 57,200 persons, from the General Plan Land Use Element, is based one percent growth annually between 2014 and 2035. By policy, certain housing types and areas are excluded from this growth rate and projection (affordable housing, etc.). The City’s estimated Primary Water Supply need is based on projected population but encompasses all water demand in the City (residential, nonresidential, and irrigation). During the 2020 Water Year, single-family and multi-family residential water demand was 65.8 percent of total City water demand.

Circulation
Sustainable transportation was identified as a Major City Goal (Climate Action, Open Space, and Sustainable Transportation) as part of the Fiscal Year 2021-2023 Financial Plan. The following transportation planning/engineering projects and programs were implemented in 2021 as part of the City’s sustainable transportation Major City Goal, consistent with goals and policies in the Circulation Element of the General Plan.

Vehicular
• Numerous traffic signal and intersection optimization improvements were completed as part of the City’s Traffic Operations Program and ongoing traffic signal management responsibilities.
• Numerous traffic safety improvements were implemented as part of the City’s Traffic Safety Program to address collision trends and resident safety concerns, including striping modifications and sign replacements, such as installing stop signs at the intersections of Johnson Avenue and Palm Street, Righetti Ranch Road and Twin Creek Road, and sight distance improvements at several intersections, including Broad Street and High Street. • Signal modifications completed at several intersections to address collision trends and improve traffic operations, such as addition of a mast arm pole for increased visibility at the Marsh Street & Broad Street intersection, protected left turn phasing at Los Osos Valley Road and Calle Joaquin intersection, addition of lead pedestrian crossing intervals at several intersections.
• Coordinated design review and construction support for traffic signal modifications required by new private development, including modifications to existing signal equipment and/or new traffic signal installations at the intersections of Madonna Road and Dalidio Drive, Los Osos Valley Road and Froom Ranch Road, Tank Farm Road and Long Street, Foothill Boulevard and Chorro Street, and Orcutt Road and Sacramento Drive. • Installed five new streetlights as part of the City’s Annual Streetlight Installation Program. • Design for the roundabout at California
and Taft Streets is underway. Acquisition
of right-of-way and final design is
currently in progress.
• Construction began on the Orcutt and
Tank Farm Roundabout. The project is
estimated to be complete Spring of 2022
and will include public art as a gateway
element into the City.
• Two mobile speed feedback trailers were
deployed at over 50 locations consistent
with the City’s radar sign program. New Roundabout at Righetti Ranch Rd & Tank Farm Rd

• Progress continues with preliminary
engineering and environmental review
for the Prado Rd / US 101 Interchange
Project and Prado Road Bridge
Replacement over San Luis Obispo
Creek. The Prado Bridge Project
construction is anticipated to begin in
2023, and the Prado Interchange
Project construction is anticipated to
begin in 2025.
• The transportation improvements related to the San Luis Ranch development project were substantially completed in 2021, including extension of Froom Ranch Way with a new bridge over Prefumo Creek, three new roundabouts along Froom Ranch Way, extension/widening of Dalidio Drive, new shared-use pedestrian/bicycle paths along Froom Ranch Way, Dalidio Drive, and Madonna Road.
• Several improvements required as part of the Avila Ranch development were completed or initiated construction in 2021, including a right turn lane extension at the intersection of Higuera Street and South Street, intersection capacity improvements at Tank Farm Road and Higuera Street, and extension of Buckley Road from Vachell to S. Higuera Street.

Bicycle / Pedestrian
• The Railroad Safety Trail (RRST) from Taft
Street to Pepper Street is nearly complete
and on schedule to be open in early 2022.

This segment of the RRST continues the
trail from the dead end at Taft Street
across Highway 101, behind the California
Highway Patrol office, and crosses the
Union Pacific Railroad at Pepper Street
with a new pedestrian/bicycle bridge. The
route provides bicyclists and pedestrians
with a direct route separate from motor
vehicles from the downtown
neighborhoods to Cal Poly. This project
was the product of extensive collaboration
between the City, Caltrans, Union Pacific Railroad and CHP. • The 2021 Downtown Paving Project, which is nearing completion in early 2022, implements numerous traffic safety elements to improve mobility for all roadway users in the downtown consistent with the Circulation Element, Active Transportation Plan, Downtown Concept Plan, and Vision Zero Policy. Improvements include installing one mile of protected bike lanes on Marsh Street and Higuera Street, three flashing beacon pedestrian crossings, new accessible curb ramps and accessible on-street parking stalls.

Rendering of the Prado Road / Highway 101 Overpass
Railroad Safety Trail from Taft Street to Pepper Street

• The city was awarded $1.7M grant from the
California Natural Resource Agency for an
Urban Greening Grant to fund a portion of
the Cerro San Luis Greenway (previously
called “Anholm Neighborhood Greenway”).

The grant provides the opportunity to
include many elements of the Cerro San Luis
Greenway Plan, including not only the 1.7-
mile bicycle/pedestrian route (most of it a
separated bikeway), but also 15 accessible
curb ramps and hi-visibility crosswalks,
bioretention areas, 60 new street trees, path
lighting and gateway elements at the Chorro Underpass. Design for the project is at 50% complete with construction planned for fall 2022.
• Construction was completed on a Pedestrian Hybrid Beacon at the intersection of Broad Street and Woodbridge Street. This signalized bicycle and pedestrian crossing supports the City’s Active Transportation Plan and South Broad Street Area Corridor Plan by providing improving access for pedestrians and cyclists to homes, shopping and restaurants, Meadow Park, and the King-Nipomo Neighborhood Greenway which provides a low-stress pedestrian and bicycle route to Hawthorne Elementary School. • A rapid rectangular flashing beacon (RRFB) was installed at the intersection of Tank Farm/Poinsettia to improve pedestrian crossing comfort and visibility. Additional pedestrian crossing enhancements are planned at Johnson/Sydney, South/King, Islay/Broad, Islay/Osos and Ramona/Foothill Plaza, which are in the final stages of design and are planned for construction in 2022.
• The City adopted its first Active
Transportation Plan in 2021, a
comprehensive blueprint to guide future
bicycle and pedestrian projects and
programs citywide. The Plan was
recognized by the American Planning
Association, Central Coast Chapter with an
Award of Excellence. Activities for the
Plan included several public outreach
events, including formal evening
workshops and casual neighborhood
“pop-up” events to encourage
participation from community-members
who may not typically attend formal weeknight meetings, as well as over 19 meetings with the Active Transportation Committee. The Plan identifies priority infrastructure projects and programs needed to make significant progress towards achieving the City’s goal of reaching 20% of all trips by bike and 18% of all trips by foot by 2030.

Rendering of the Anholm bike path along Chorro St
Active Transportation Plan community workshop

• After taking a hiatus in 2020, annual transportation safety educational activities resumed in 2021, including Walk & Bike to School Days, Bike Month, Rideshare Week, and the Bike Light Education Pop-up, and ongoing coordination with educational programs led by Bike SLO County.
• Several pedestrian and bicycle improvements required as part of the San the Luis Ranch development project completed construction in 2021, including new shared-use paths along Madonna Road, Dalidio Drive and Froom Ranch Way, a bicycle protected intersection at Madonna/Dalidio and Los Osos Valley Road/Froom Ranch Way, and a pedestrian hybrid beacon (PHB) at Madonna/Laguna Lake.
• In response to the COVID-19 pandemic,
the City activated the “Open SLO” pilot
program to initiate a suite of activities to
support businesses and public health by
allowing flexible use of public right-ofway to support outdoor business use and increase public space. Activities
initiated in 2020 and extending into
2021 included providing almost 40
temporary parklets, providing outdoor
seating for takeout dining in Mission
Plaza, loaning temporary barricades to
multiple restaurants to support outdoor
dining within private parking lots,
retaining a pilot road diet and buffered bike lanes on Higuera Street to better support safe outdoor dining and mobility, temporary half-closure of Monterey Street to increase space for outdoor dining, bicycle parking and public art, and allowing additional flexibility for sidewalk dining throughout the city.
• The City’s supply of short-term bicycle parking continued to expand as part of the City’s “Racks with Plaques” bicycle rack donation program.
• Bike valet parking service resumed at the Thursday night Farmers Market and Concerts in the Plaza.

Open SLO - Sidewalk & Street Dining

Transit
SLO Transit operations in 2021 included the following:
• SLO Transit began restoring service to accommodate the return of students. Due to driver shortages, shared by transit operators nationwide, SLO Transit was not able to operate at full service in 2021.
• SLO Transit’s ridership was 179,456 in the prior fiscal year. The decrease in ridership is attributed to economic and campus shutdowns. It is anticipated that ridership will increase from the prior year as result of the return of students and economic recovery.

Service levels continue to be monitored and adjusted accordingly. • SLO Transit resumed fare collection in July 2020.
• Despite the negative impacts of the COVID-19 pandemic, the Transit Fund is stable largely due to the infusion of CARES Act supplemental funding which has created an unspent balance of traditional transit funds (FTA 5307, CA TDA and farebox), contributing to the overall health of the fund.
• Further, the reduction in service demand and provided service levels during the pandemic have resulted in cost savings that help to offset current losses in revenues.

The Transit program is underway with the charging infrastructure at the bus yard to support the two electric buses on order. The anticipated delivery of these buses is late 2022.

SLO Transit Buses

Parking Management
Below is a summary of some of the major focus areas related to Parking Management in 2021:
• Economic recovery efforts continued to shape much of the year for the Parking Division who allocated a significant amount of its resources to support local businesses and downtown initiatives.
• The division continued to assist with the parklets program to support the operation of local hospitality businesses throughout 2021.
• The division continues to assist with the Safe Parking Program, located at Railroad Square, which was relaunched in November 2021.
• Parking structure fees were waived on specific days during the holiday season of 2021 to support the return to local businesses for both customers and employees. • The daily max rate at the parking structures was reduced from $12.50 to $6 to incentivize employee parking at off street locations.
• The division launched several mobile parking applications which allow customers to start and extend on-street parking sessions from the convenience of their mobile device. • The division was able to complete the first half of the multi-space pay station installation which replaced the failing single space credit card capable parking meters. • The division continues to expand its marketing campaign to increase communication with the community including distribution of informational flyers to downtown businesses about changes to parking.
• Staff completed landscape improvements at all parking structures and surface lots in 2021. • Staff completed a much-needed restoration of the Marsh Street Parking Structure public restrooms in 2021.
• Staff completed ADA improvements required for all single space meter pole heights in 2021. • Staff implemented the Dana Street Parking District and continues to work with community members to address Council’s requests for permitted parking.

Morro Street & Palm Street Parking Structure

Safety
Fire Department
Safety Element Policy 9.1 states that there should be adequate planning, organization, and resources for emergency preparedness and emergency response. Staff has made several accomplishments in 2021 to meet this policy and have highlighted some of them below.

Administration
Public Information: SLOFD continued to increase the service of Public Information in 2021 by expanding the Department’s communication through increased social media presence and activity, utilizing the department recorded news line for incidents and newsworthy events in the City, and by sending the Department PIO to additional training provided at no cost to the City by the California Specialized Training Institute through the California OES. Additionally, the department established an ongoing bi-weekly standing segment with KVEC radio to discuss department programs, safety tips, and disaster preparedness information. With the PIO role being formalized at the end of 2019, the department has increased its ability to provide the media and public with accurate and timely incident information. Public Information plays a critical role in educating the public to reduce the severity of emergencies and allows the public to make the right decisions during an emergency. As shown in Figure 3, In 2021, the department’s twitter account saw a 30 percent increase in annual profile visits from 2020.

Figure 3 - Fire Department Twitter Profile Visits, 2019-2021 Source: SLO Fire Department, 2021
Implementing Lexipol Policy Program: In 2021 the fire department initiated a project to transition the department’s policies over to a policy management software operated by Lexipol, who also manages the policies for the City’s Police Department. Lexipol software helps reduce liability for the department to ensure department polices are in-line with regional, state, and 13,778
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national standards and includes the ability to ensure all personnel that are impacted by the policy have read it. After kicking off the project in the fall of 2021, staff continue to work towards transitioning existing policies to the new system and updating them to the new format before the software can be fully utilized.

Operations
Emergency Response: In 2021, SLOFD responded to 6,223 incidents from four strategically placed fire stations throughout the City. This number is over 12 percent higher than 2020, however only 1% higher than 2019 as the department saw a significant decrease in call volume in 2020 due in part to the ongoing COVID-19 pandemic. Emergency response was accomplished with daily minimum staffing of 14 sworn personnel. To help maintain the daily minimum of emergency response personnel, the City has continued its investment in two important programs including a functional movement program to reduce the occurrence and severity of physical injuries and a Peer Support Team Program to maintain behavioral/mental health.

In 2017, after transitioning to ImageTrend, the Fire Department’s data and report management system, SLOFD has an increased ability to analyze response data including response times. Safety Element Program 9.3 provides response performance standards for the City which states that the Fire Department has set a response-time objective of four minutes and to meet this standard 95 percent of the time. Staff will be updating this metric as part of the next Safety Element update to reflect Total Response Time (TRT) which includes time from 911 call pickup at the Emergency Communication Center (ECC) to the time the first fire unit arrives at scene. The TRT objective will be 7 minutes or less to 90 percent of all light-and-siren emergencies in the City.

Open Space Rescue & Expanded Technical Rescue Team: In 2021 the Fire Department continued to build on the success of the Urban Search and Rescue (USAR) team and added 3 additional members to the team for a total of 6. With the City of SLO being surrounded by Open Space, lakes, creeks, and other hazards, the USAR team members were utilized many times in responding to over a dozen rescues on Bishop Peak and Cerro San Luis Obispo alone last year.

Some of the rescues involved twisted ankles and hikers that were not able to remove themselves from the mountain while others where more serious and required Helicopter Extrication and Paramedic Care by highly trained paramedics.

The Fire Department’s open space rescue
programs continue to develop. Two key
contributors to success have been both the EBike Program, which was implemented in 2020, and the Utility Terrain Vehicle (UTV) program.

Both Pieces of equipment have been invaluable
to locating, transporting, and caring for people
in open space in a very timely manner. Our UTV
program is also utilized through Mutual Aid to
assist our neighboring fire departments.

Open Space Rescue and Expanded Technical Rescue Team

Mobile Crisis Unit: The Mobile Crisis
Unit has been funded for a two-year trial
period. Generally, Law Enforcement (LE)
and Fire Service (FS) resources are often
summoned for persons in crisis within
our community as a one size fits all
solution for a broad spectrum of
problems ranging from homelessness to
mental illness to addiction and often
these individuals in crisis do not get
connected to the best resources
available to them for assistance. To help
provide a more tailor-fitted service to
community members in crisis, the MCU
pairs a mental health professional with
an emergency medical technician to respond to these types of incidents. The benefits of this new service increase the level of service to those in need and decrease the reliance on emergency law enforcement and fire service resources who have limited options and tools to address the individual in crisis.

A leading MCU goal is to provide an alternative resource program to handle non-emergency 911 calls for service to increase capacity of both police officers for more urgent criminal emergencies and fire personnel for higher acuity emergencies. The program seeks to respond to the root issues through shelter, medical care, or behavioral health support and services to decrease the number of arrests, county jail time, fines, hospitalization, and nuisance fires.

During the trial period, the MCU will be staffed during peak activity hours of 8am to 5pm Monday through Friday reflective of current SLOPD and SLOFD response data. An eventual implementation of a 24/7 service may be warranted based on the impact of the program ability to meet the needs of the community, reduce LE/FS resource impacts, and to decrease hospitalization and arrest/jail time. In addition, the program may become regional and overseen by SLO County Mental Health Services Department.

In 2021, much work has been done researching the program goal, objectives, developing policy, job descriptions, RFP’s and securing the logistical needs of the program. Staff anticipates implementation by April 1st, 2022.

Training
Safety Element Program 9.4 states that they will train fire fighters, police officers, building inspectors, and public works and utilities staff to levels appropriate for their tasks and responsibilities. In 2021, the fire department employed 45 sworn positions and 12 non-sworn positions for a total of 57 full-time employees.

Sworn employees logged 15,253 hours of training in 2021, a 4,622-hour increase over the previous year. Employees who participated in the Joint Apprenticeship Committee (JAC) registered 6,705 hoursin 2021; an increase of 2,631 hours from 2020 due to the Recruit Academy Mobile Crisis Unit Vehicle

that was held this year. JAC provides reimbursable funds back to the department. The JAC training resulted in over $21,000 in funds returned to the department in 2021. These funds are held by the JAC program and can be utilized to support the department’s training program upon approval from the sub-JAC committee which is comprised of department and labor group leadership. Increased training results in a higher skilled and educated professional firefighter.

Non-sworn employees attended several key trainings to maintain levels appropriate for their tasks and responsibilities in 2021. Some of these trainings included attendance at the bi-annual California Conference of Arson Investigators, and State fire investigation training. The recently hired Hazardous Materials Coordinator completed State Fire Marshal Fire Inspector I training and completed the last two modules of hazardous materials training to become certified as a Hazardous Materials Specialist.

New Training Officer: As part of the 2021-23 Financial plan, the Fire Department added a full time 40-hour Staff Fire Training and Safety Officer. The position, which was filled in August 2021, assumed a wide range of training duties including planning, scheduling, supervising, and administering a comprehensive fire training program and coordinating the in-service training and safety programs for the Fire Department. The Training Officer also assists in the operation and coordination of in‐service training and safety programs with shift Battalion Chiefs. The new positions help provide consistent and reliable administration and coordination of all mandatory, recertification and recommended in‐service training and safety programs for emergency response, which is necessary as the complexity and changing service demands call for specialized instruction. In addition, the Fire Training and Safety Officer responds to emergency incidents in the primary role of operational support and as the incident safety officer to identify and cease preventable accidents or potentially unsafe situations.

Recruit Academy: The SLOFD Recruit Fire Academy is ten weeks long and is delivered through a distributed learning model. The curriculum covers 15 areas of core firefighter competencies within five blocks of instruction, with each block consisting of two weeks. Each block of instruction is delivered through classroom lecture and daily manipulative skills on the drill ground. At the end of each block, recruits are tested utilizing a block written examination and multiple manipulative skills examinations. Each block of instruction builds upon the previous block and becomes increasingly more difficult. Throughout the ten-week academy, recruits are evaluated within the three domains of learning: cognitive, psychomotor, and affective. This is to ensure proper retention, recognition, and application through real time scenarios and live burn operations throughout the academy and gives them opportunity to apply and perform their newly attained skills in high stress situations. Upon successful completion, the recruit firefighter has met the NFPA 1001 standard for professional qualifications for firefighting.

Wellness and Fitness Initiative (WFI): The WFI program was created in 2018 to help improve the fitness, health, and wellness of fire department emergency response staff, improving the department’s ability to provide service to the community. In 2021, the WFI team was able bring nutritional programming to the department as well as remote learning from a platform developed by a local gym, which caters to the physical demands of our profession. The team was able to create a software program that will track the department annual physical assessments.

With this tool, staff will monitor fitness, mobility, strength, and other health measures; data

reports have ability to show positive or negative trends for individuals, age groups, and department as a whole. COVID precautions have currently pushed back scheduled assessment which has been tentatively rescheduled to be performed in Spring 2022. In 2021, the WFI team was asked to present the department’s “Mobility” program at a regional California Joint Powers Insurance Authority (CJPIA) conference, where staff shared the alternative approach to reducing injuries and improving members’ job satisfaction. The WFI team continues to assess the program to ensure long-term success and participation. Department workers compensation hours continued to decline in 2021. Fiscal year 2020-21 showed a 9% decrease in overtime hours associated with workers compensation, in comparison to 2018 when the program was implemented. Overall, that is a 19% decrease and has resulted in decreased costs related to worker’s compensation backfill overtime. The WFI program will continue to bring more training aimed at strengthening and improving individual fitness, additional muscle recovery equipment, improving cardiac health through nutritional consulting and training, and last, identifying and possibly implementing the use of infrared saunas to reduce the likelihood of job-related cancer.

California Incident Command Certification System (CICCS): The California Incident Command Certification System (CICCS) is a cooperative effort between the State Fire Marshal’s Office and the California Governor's Office of Emergency Services, Fire and Rescue Branch. CICCS is an allhazard qualification and certification system that enhances the ability of the State of California to deploy firefighting resources to complex and catastrophic incidents with trained and qualified personnel. The system includes development of personnel in key field positions, minimum training standards, qualification, and experience requirements when assigned to wildland/urban interface incidents. These expanded roles allow for a greater depth of knowledge and qualification that further improves personnel capabilities.

Emergency Management
Safety Element Policy 9.1 states that there should be adequate planning, organization, and resources for emergency preparedness and emergency response. Staff has made several accomplishments in 2021 to meet this policy and have highlighted some of them below.

Coordinated Emergency Planning and Training: Safety Element Program 9.6 states that the City will work within the Standardized Emergency Management System (SEMS), an emergency response and coordination system used throughout California. Additionally, the City will participate in periodic disaster-response drills, on a regional basis with all involved jurisdictions and involving the media.

In 2021, the Fire Department conducted Emergency Operation Center (EOC) training to key City Staff to ensure preparedness for EOC activation. The Fire Department continued coordination with every City department to ensure all employees, including City Council, have completed the proper SEMS and National Incident Management System (NIMS) training courses. This training is a requirement to receive Federal Emergency Management Agency (FEMA) assistance during a disaster. City employees are required to take a combination of IS-100, IS-200, IS-700, IS-800, and IS-908 to prepare to be a disaster service worker during an emergency or disaster. Additionally,

staff has worked with Human Resources to ensure that new employees complete the necessary training in relation to their job in the city.

Staff Training continued to be a primary focus and several trainings were held in 2021 including 5 internal EOC trainings. Additionally, 2 “Nuke 101” trainings were provided by the County of San Luis Obispo to help staff prepare for incidents related to the Diablo Canyon Nuclear Power Plant.

One highlight in 2021 was a tabletop exercise related to an EOC activation for a storm event impacting the city that was held for City Leadership team members. This training helped identify opportunities to improve the City’s ability to respond to large scale emergencies impacting the city and the continuity of essential services to the community.

Additionally, SLOFD was awarded a FEMA grant to attend a Community Specific Integrated Emergency Management Course to be held at FEMA’s Emergency Management Institute in Emmitsburg, Maryland in July of 2020. This training was postponed to 2022 in response to the inability to hold in-person training due the ongoing COVID-19 Pandemic. The Grant offers a weeklong training course in emergency management and emergency operation center activation and disaster recovery. All travel, lodging, and tuition expenses for up to 75 staff members and cooperating/partner agencies are covered by the Grant.

Lastly, the City’s update to the Emergency Operations Plan with the creation of the Comprehensive Disaster Leadership Plan (CDLP) was formally adopted by the City Council in the Spring of 2020. The CDLP is in place to describe the City of San Luis Obispo policies and concepts for responding to major disasters that could affect the health, safety, and property of the public within the City of San Luis Obispo and includes hazard specific annexes including Earthquake, Hazardous Materials, Multiple Casualty, Transportation, Fire, Civil Disturbance-Terrorism-Active Shooter, Diablo Canyon Nuclear Power Plant, Adverse Weather, Extended Utility Disruption, and Pandemic. This plan will be reviewed and exercised periodically and revised as necessary to satisfy changing conditions and needs.

Coordinated Emergency Planning and Training – Emergency Management Institute

Preparedness Education: Safety Element Policy 9.14
states that Citizens should be well informed of
hazards and ways to minimize the effects of disasters.

Due to the ongoing pandemic and associated health
and safety concerns, the Fire Department was forced
to cancel the 2021 Fire Prevention Week / Open
House and adjust other in-person disaster
preparedness workshops for the public. In the Fall of
2019, the Department held its first public Disaster
Preparedness workshop with a plan to deliver
additional workshops 2-3 times throughout the year.

Staff continued to disseminate the many preparedness fliers and videos that were created as part of the “Prepare SLO” campaign to ensure the public continued to have the most up to date tools and information at their disposal. Preparedness resources are available to the public on the department website and social media accounts. Additionally, during the bi-weekly department appearance on the local KVEC First Take radio show, staff provide important safety and disaster preparedness tips to the community.

Risk Reduction & Fire Prevention
Hazard Mitigation: The most recent update of the City’s Hazard Mitigation Plan was completed in 2020 as the 2019 Multi-Jurisdictional Hazard Mitigation Plan (HMP), which was formally adopted by the City Council in 2020 after the Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (CalOES) reviewed and approved the plan. This HMP serves as the mandatory update to the City’s 2014 Local HMP (LHMP). The LHMP is incorporated by reference into the Safety Element and should be consulted when addressing known hazards to ensure the general health and safety of people within the City of San Luis Obispo. It provides guidance on how to reduce the community’s vulnerability to natural hazards. This plan calls for annual stakeholder meetings to update progress and identify collaborative opportunities. In 2021, COVID-19 delayed stakeholder meetings and the County of San Luis Obispo has plans to reengage with all stakeholders in 2022. The City is required to maintain a current HMP, which must be updated every five years. Maintaining a current HMP allows the City to apply for State and Federal reimbursement in the event that the City is impacted by a disaster.

Safety Element Policy 9.0 states that the City should take several steps in avoiding and mitigating hazards. As part of hazard mitigation, SLOFD finalized the City’s first Community Wildfire Protection Plan (CWPP) in July of 2019 and utilized the plan to act in 2021, including public education and fuel reduction efforts. City staff continued to provide wildfire preparedness tools to the community through news releases, webinars, social media, and the department website and coordinated with the County Fire Safe Council to conduct extensive fuel reduction efforts in and near the Irish Hills Open Space, a project that was completed date in January 2021. The CWPP is a collaborative plan to guide the city in addressing fire protection planning efforts occurring in the city to minimize wildfire risk to watershed lands, assets, firefighters, and the public. The SLO Fire Dept. Preparedness Education

CWPP presents the City’s physical and social characteristics, wildfire history, identifies and evaluates landscape-scale fire hazard variables, utilizes priority landscape datasets for evaluating wildfire risk, identifies strategic measures for reducing structural ignitability, public education, and outreach, and identifies strategic fuel reduction goals and techniques for minimizing wildfire risk. The CWPP is intended to be a living document managed and updated by the City Fire Department with stakeholder input and involvement.

Multi-Dwelling Property Inspection Program: Under the direction of the Fire Marshal, the Fire Prevention Bureau inspects all multi-dwelling properties (three or more units) in the City to ensure that they meet a reasonable degree of fire and life safety. This state-mandated program helps safeguard residents and visitors who patronize local hotels and generates approximately $320,000 in annual revenue that offsets implementation costs. The Fire Prevention Bureau subsequently completed about 405 inspections of apartments, hotels, and fraternity/sorority houses in 2021.

Fire and Life Safety Inspections: SLOFD completed 1,360 fire and life safety inspections for businesses and multi-dwelling facilities in 2021. Of this inspection total, Fire Prevention Bureau staff completed 92 inspections of industrial facilities, schools, hospitals and nursing homes, day care centers and assisted living centers, and large public assembly occupancies. A portion of these inspections resulted in Fire Code operating permits, which generates about $100,000 in annual revenue.

Fire and Life Safety Self-Inspection Program: In January of 2021 the Fire Department implemented the Fire and Life Safety SelfInspection Program which allows certain business in San Luis Obispo complete these inspections in lieu of a fire department staff member or engine company. Businesses that qualify for this program have been chosen due to the low hazard
associated with their business practices. These include small professional offices and some low hazard retail establishments.

In its first year 168 of the 800, or 21%, qualified businesses completed a self-inspection and staff are working on
communication increase program participation in 2022
Hazardous Materials Inspections: Hazardous Materials Inspections: The Fire Prevention Bureau serves as a “Participating Agency” in the County’s Certified Unified Program Agency (CUPA).

Businesses that use or store hazardous materials in an appreciable quantity, generate hazardous wastes, or operate underground or aboveground petroleum storage tanks are subject to inspection. The Hazardous Materials Coordinator conducted 174 facility inspections in 2021, an increase from 2020 due to a previous temporary vacancy of the Hazardous Material Coordinator position being filled.

Vegetation Management: Fewer weed complaints were fielded by the Fire Prevention Bureau in 2021. Most complaints dealt with dead trees or overgrown yards as many of the vacant parcels are being developed. The Fire Department continued to support Natural Resources and Ranger Service in the fuel reduction projects in City-owned Open Space. In 2020, City staff also undertook Fire and Life Safety Self Inspection Program

a project along the Bob Jones Bike Trail and San Luis Obispo Creek between Prado Road and Los Osos Valley Road, removing dead and down material from the creek as well as removing smaller vegetation creating a shaded fuel break along the creek corridor behind the Water Resource Recovery Facility. In 2021, fuel reductions efforts were continued in the Bowden Ranch Open Space, Cerro San Luis Natural Reserve, and the Irish Hills Natural Reserve with help from the California Conservation Corps crews. These effortsreduce the threat of wildfire and were aligned with Safety Element Policy 9.0 by not significantly impacting the environment, including wildlife habitats and views. Also in 2021, V&C funds supported hazardous tree removal focusing on eucalyptus trees, reducing a significant threat in several locations around the City.

Critical Facilities Locations and Reducing Structural Hazards: Section 9.19 of the Safety Element tasks the City with identifying and evaluating hazards in existing structures, with the highest priority given to critical facilities. This effort includes maintaining and replacing City facilities, routine code inspections of certain commercial and residential buildings, complaint-based code inspections for all buildings, mitigating hazards associated with unreinforced masonry buildings (URM), and outreach regarding structural safety of private wood-frame buildings.

Mutual and Automatic Aid
Safety Element Program 9.10 states that the City will work with other jurisdictions to obtain and follow adequate mutual-aid and automatic-aid agreements. SLOFD deployed on many requests for Mutual Aid throughout the State for the historic Fire Season encountered in 2021. In total, the Fire Department sent 25 different staff members, some to multiple incidents, who spent a total of 8,311 personnel hours committed to mutual aid incidents, which equates to over 346 24- hour days. Fire personnel who are deployed to large-scale incidents receive invaluable on-thejob training, and the costs associated with their deployment are reimbursed to the City. The statewide mutual aid system that redeploys SLOFD personnel to assist communities in need is the same system that sends non-local fire crews to our area when we need assistance. SLOFD is also a member of the Regional Urban Search and Rescue (USAR), County Hazardous Materials Response Team, County Fire Investigation Strike Team, County Critical Incident Stress Debriefing Team, and Incident Command on the County Type III XSL Incident Management Team. These regional teams provide exceptional service to the communities of participating agencies at a fraction of the cost of providing that service autonomously.

Police Department
Safety Element Program 9.4 states that the City will train police officers and other City employees to levels appropriate for their tasks & responsibilities. In 2021, the Police Department employed 60 sworn positions and 31 non-sworn positions, for a total of 91 full-time employees. As noted in the 2018 Capital Facilities Fee Program Nexus Study (i.e. AB 1600 Nexus Study), the service population totals to a combination of 72,800 workers and residents. With the current 60 sworn officers, the current service level is a ratio of 0.82 sworn officers per 1,000 service population. At General Plan buildout, the service population is forecasted to grow by approximately 15,500, so if the same service level ratio were applied, the City would need 13 more sworn officers by 2035.

Staff Training: The California Commission on Peace Officer Standards and Training (POST), which mandates minimum content and hours for basic and in-service training, also regulates the training of police officers and communication technicians. The Police Department maintained compliance with POST requirements for in-service training hours for required employees. This was accomplished in 2020 by sending employees to POST-certified training courses in various topics, with the associated costs reimbursed by POST, and by providing in-house training for employees. Due to the COVID-19 pandemic, many courses were cancelled or held in an on-line capacity.

In 2021 we continued our commitment to having 100 percent of our staff trained in Crisis Intervention Training (CIT). As new employees are hired, they are sent to CIT training as soon as possible to maintain our commitment to having a fully trained CIT staff. The primary goal of CIT is to reduce injuries to officers and mental health consumers during contacts, and to appropriately redirect mental health consumers from the judicial system to the services and support needed to stabilize consumers and reduce contact with police.

The San Luis Obispo Police Department (SLOPD) also conducts in-house training using employees who are certified instructors in a variety of police-related job functions, including defensive tactics, mobile field force, active shooter, and use of firearms. In addition to the standard police training, the department successfully completed our second year with a robust Peer Support Team to help officers after tragic or traumatic events. The Peer Support Team has been trained to deal with a wide variety of potential problems and can give direct counseling or direct those in need to the proper resources. They have implemented a monthly employee wellness newsletter providing outreach and information on a regular basis to staff. Peer Support has provided its expertise to surrounding Law Enforcement agencies over the past year in response to critical incidents in those jurisdictions.

Mutual and Automatic Aid: Police
Section 9.10 of the Safety Element indicates that the City will work with other jurisdictions to obtain and follow adequate mutual-aid and automatic-aid agreements. In 2021 there were no requests for mutual-aid to the San Luis Obispo Police Department for natural disasters. The Police Department provides Officers to assist surrounding Law Enforcement agencies with various special events including parades, protests, special events and large-scale investigations. Typically, our Officers assist many local Police Departments including Santa Maria, Pismo Beach, Paso Robles, Morro Bay, Atascadero, California Highway Patrol, and the Sheriff’s Department. In return, many of these agencies assist the San Luis Obispo Police Department in several of our large-scale events including the Women’s March and the Holiday Parade. Due to the ongoing COVID-19 pandemic, many of the special events throughout the County were cancelled and our assistance was not needed. Conversely, the City of San Luis Obispo has hosted over 70 protests, marches and rallies related to social justice and Law Enforcement reform. As a result of these activities, the City has received a large number of sworn personnel to assist the San Luis Obispo Police Department in the policing of these events.

The City has participated in a regional Special Weapons and Tactics Team (Regional SWAT) since 2008. The Regional SWAT team allows participating cities to leverage limited resources and maximize coordination and special expertise during critical incidents. The SWAT team has responded to 7 incidents throughout the County since the beginning of 2020 and has conducted monthly training exercises along with three scenario-based training days in conjunction with the City’s Crisis Negotiation Team.

Community Action Team (CAT)
CAT Officers continue to identify problems
and crime trends that negatively impact the
quality of life of residents, business owners,
and visitors. CAT Officers have focused on
several individuals in our community who are
involved in adverse and repetitive criminal
activities that negatively impact our
community. In 2021, the CAT team engaged
with 541 individuals and 100 of them elected
to receive mental health and substance abuse
services. They have been successful in
working with others to find alternatives to
incarceration that include enhanced and focused service placement and transitional housing. The program has continued to grow and the relationships in the court system have proven very valuable. In 2021, the CAT team provided nine Behavioral Health Trainings with approximately 250 people attending. This past year the department completed our third year of service working with a Transitions Mental Health Association specialist on the CAT team. This partnership has brought the mental health services with the community to a higher level and has been extremely successful. This added resource has helped tremendously support the growing needs of the many chronic offenders who suffer from mental health disorders. In the first quarter of 2022, the department will add another CAT officer and is currently working with Transitions Mental Health Association to hire one more social worker. It is the departments' goal to have the new personnel in place by the second quarter.

CAT officers work collaboratively with a myriad of individuals and groups, including patrol officers, investigators, the Neighborhood Outreach Manager, other city departments, social service providers, business groups, and other governmental agencies as appropriate. The ongoing COVID-19 pandemic has presented the City with many challenges related to homelessness and the increase of camps. The CAT Team organized a social services fair to extend services and resources to some of the most vulnerable in our community.

Community Action Team Officers John Klevins & Tim Koznek

Neighborhood Wellness
Land Use Element Program 2.14 states the City will help identify neighborhood problems, and undertake a wide range of focused development review, capital improvement, and code enforcement efforts to help residents preserve and enhance their neighborhoods.

Neighborhood Officer Program – Police Department
In 2013, the Police Department launched a Neighborhood Officer Program that divides the City into 13 distinct “neighborhoods,” each with dedicated patrol officers assigned to address City neighborhood issues. The Neighborhood Officers act as liaisons between the Police Department, the community, and a variety of city agencies. Neighborhood officers have continued to be a consistent “go to” for residents needing assistance with a variety of quality-of-life concerns.

Neighborhood officers also provided crime prevention help to Neighborhood Watch groups throughout the City.

Code Enforcement – Community Development Department
The City’s Code Enforcement Office, which reports directly to the Community Development Department’s Chief Building Official, deals primarily with violations of building codes and zoning regulations. Examples of code violations that impact neighborhood quality include:
• Property Maintenance Violations
• Sign Violations
• Unpermitted Construction
• Substandard Buildings
• Occupancy Violations
• Land Use Violations
• Homestay Violations
In 2021, Code Enforcement staff responded to 460 requests for investigation resulting in 155 code enforcement cases relating to violations regarding land use, zoning, property maintenance, substandard building, and public health (COVID) violations among others. In addition, there were 518 Neighborhood Services code enforcement cases, which included violations such as visible storage, failure to screen waste containers, overgrown vegetation, and yard parking.

Code Enforcement has also been impacted by the City’s response to the pandemic and the implementation of the County’s public health order. As part of the City’s response to the COVID19 pandemic, enforcement of certain sign regulations was suspended while under State Public Health Orders. In coordination with the Police Department and the Economic Development Department, Code Enforcement continued to ensure all public health orders were followed. As part of regular code inquiries, code enforcement staff handled approximately 122 phone calls related to COVID restrictions and compliance.

Figure 4 - Monthly Noise Party Calls for Service, 2021
Neighborhood Outreach – Police Department
Police Department SNAP employees (Student Neighborhood Assistance Program) continue to conduct parking enforcement and respond to noise complaints in neighborhoods during evening hours. The pandemic response restricted noise complaint response to patrol staff until July 2021 at which time SNAP began to give formal warnings to noisy residents in the neighborhoods. From July to the end of the calendar year, SNAP issued 95 Disturbance Advisement Card warnings (in supplement to the warnings and citations being issued by patrol.) There was no disruption to parking enforcement in 2021 and SNAP issued 1,379 citations in the neighborhoods (no permit, fire lanes, blocking hydrants, parking in disabled spaces without placard, etc.).

In response to the need for non-adversarial processes that address community conflicts, the City of San Luis Obispo, Cal Poly, Cuesta College, and Creative Mediation, a local non-profit, developed the SLO Solutions Program in 2004 to offer free conflict resolution and mediation to City residents. SLO Solutions also provides training to Cal Poly, Cuesta and local residents who are seeking to benefit from extensive communication and conflict resolution education. In 2021, the program served 685 residents. This is a 25% decrease in residents served since the previous year and SLO Solutions staff attributes this to the pandemic, specifically the amount of training they were not able to provide because of significant staff changes.

The pandemic safety enhancement zone, adopted in April 2020, was lifted on July 7, 2021. At that time, Disturbance Advisement Card warnings were once again used to mitigate noise violations in the neighborhoods (not just citations.) Additionally, the lifting of the safety enhancement zone once again allowed the police department to provide the party registration program that had been suspended as part of pandemic response. Figure 4 below provides a monthly overview of noise complaints, Disturbance Advisement Card warnings and citations issued over the year. Overall, noise calls decreased 7% from 2020 to 2021. Party registration continues to be an excellent tool for residents who choose to have social gatherings at their homes. In 2021, 169 party registration applications were approved resulting in just 22 warning phone calls and 4 subsequent citations.

Source: San Luis Obispo Police Department, 2021

Conservation & Open Space Protection
Conservation and open space protection was identified as a Major City Goal (Climate Action, Open Space, and Sustainable Transportation) as part of the Fiscal Year 2021-2023 Financial Plan.

The General Plan contains many goals, policies and programs focused on open space protection.

The policies apply to sensitive lands within the City’s urban reserve as well as land in the greenbelt area that is protected for its biological, agricultural, aesthetic and/or watershed protection value.

The Land Use and Circulation Element and Conservation and Open Space Element address this subject in detail. Conservation and open space highlights for 2021 include:

1. The City purchased the 266-acre property for conservation purposes that is now being called Miossi Open Space in 2018. The acquisition protects six different special status wildlife species and six different special status botanical species, while also serving as critical area of the upper San Luis Obispo Creek watershed and as a key wildlife migration corridor along Cuesta Ridge. City Council approved the conservation plan for the property in 2019, and Natural Resources and Ranger Service staff are now currently working on implementing the necessary steps to open the property to the public for compatible passive recreational uses.

The formal opening of Miossi Open Space is anticipated in Spring 2022. A trail agreement was secured with Cal Poly in November 2021 that will allow the City to create a trail connection from Miossi Open Space to Poly Canyon Road, thereby greatly improving overall trail connectivity in the area, as well as providing opportunities for student research.

2. The City received a dedication of Righetti Hill within the Orcutt Area Specific Plan and Natural Resources and Ranger Service staff are now working on plans to establish a trail system with associated standard open space amenities. A new boundary fence was established in winter 2020 on the northern side of the parcel – a key step in defining the property area for natural resources protection and public safety, as well as the neighbor’s privacy. Cultural resources are underway in early 2022 that are required prior to installation of a trail system, which is expected to be started in spring 2022.

3. The City continued to support and partner with City Farm SLO to deliver sustainable agriculture education for students and the community, while producing healthy local food.

In early 2022, a 40-year lease extension was granted to City Farm SLO reflecting the successful long-term partnership and City Farm SLO’s plans for significant capital improvements at the property.

4. Continued invasive species vegetation control along Froom, Prefumo and San Luis Obispo Creeks and continued planting native plants and trees to restore the habitat, including butterfly gardens in in City parks in support of the Mayors Monarch Pledge; a partnership with the National Wildlife Federation.

5. The Office of Sustainability and Natural Resources program staff continue to engage with different professors and classes from Cal Poly to further educate with the “Learn by Doing” mantra in open space monitoring and restoration projects. This is a wonderful opportunity for collaboration and capacity building.

6. Continued to support the Utilities Department and the coordination transitioned to Environmental Programs to lead the Stormwater Management Program as required by the Regional Water Quality Control Board (RWQCB). The Plan focuses on improving stormwater quality through Best Management Practices (BMPs), including construction site monitoring, municipal operations, development review, litter control, and public participation to reduce pollution run-off.

7. Continued steelhead trout (Oncorhynchus mykiss) and Pacific lamprey (Entosphenus tridentatus) surveys along San Luis Obispo and Stenner Creeks with biologists from California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service. Also, began cataloging where new oak trees can be planted to expand the current oak forest in several City open space properties in collaboration with the California Conservation Corps.

8. City staff has partnered with the California Conservation Corps (CCC) with the Greenhouse Gas Reduction Fund (GGRF) program where the City receives members to help implement the Wildland-Urban Interface and Integrated Vegetation Management Plan for Open Space Lands of San Luis Obispo. The CCC worked in the Irish Hills, Cerro San Luis, Prefumo Creek and Bowden Ranch to reduce and remove dead and down material and ladder fuels to prevent the start and spread of wildfire. Staff are continuing to work with City Fire and the FireSafe Council to further identify projects to increase the community’s protection along the WUI.

The Panorama Trail at Miossi Open Space

Parks & Recreation
Throughout 2021,the Parks and Recreation Department continued to provide modified programs and activities to adhere to pandemic guidelines in order to serve the community through recreational programming amidst challenging times. The following sections highlight the work completed in 2021 related to response efforts to the ongoing COVID-19 pandemic and how that work is interconnected with supporting the Major City Goals and the Parks & Recreation Element of the General Plan: Parks and Recreation Blueprint for the Future.

Collaborative Programs
Youth Sports: The City provides recreation sports
opportunities for youth, adults, and seniors. The City’s recreational programming focuses on building
confidence, teamwork, integrity, and leadership skills.

The City continues to work collaboratively with the Youth Sports Association and San Luis Coastal Unified School
District to meet the needs of community youth.

In September 2020, Parks and Recreation staff created
Youth Sports Clinics following all COVID-19 safety
measures. In 2021, Parks and Recreation staff continued to provide sports clinics adhering to updated CDC
guidance. These clinics included: pickleball (12 clinics), speed and agility camps (8 clinics), disc golf (2 clinics), and soccer (14 clinics) serving 555 youth athletes. Additionally, staff provided a week-long sports camp during SLCUSD Spring Break, benefitting 30 youth.

In the summer of 2021, the Sports Division brought back the San Francisco Junior Giants program. 220 children and over 40 volunteer coaches participated in this free, non-competitive 8-week program focused on skills and drills, training, and game play. The program incorporated sport skills as well as more focused lessons to build resiliency, including: education, teamwork, confidence, leadership, and integrity. In September 2021, the annual San Luis Obispo County YMCA and Parks and Recreation partnership was relaunched as the youth basketball league reopened for registration. Over 500 children were enrolled in the 56-team program which began in January 2022. The partnership will continue throughout 2022.

Adult Sports
Adult recreational sports returned to the
community in May 2021 once CDC guidelines
allowed the sports to resume. These sports
include: drop-in Boomer Softball, ultimate
Frisbee, table tennis, volleyball, dodgeball, and
basketball. Programmed activities include adult
soccer through partners Central Coast Soccer
and pickleball with partners SLO Pickleball Club. Tennis competitors in adult recreational sports Parks and Rec Youth Sports Clinic

Parks and Recreation staff manage the year-round softball league. In typical years, there are three seasons; however, in 2021, staff provided two seasons (summer and fall) and look forward to providing three seasons again in 2022. 113 teams participated in the league in 2021 with over 1,700 rostered players. Senior sports activities (55+) include Pickleball programs and Boomer Softball. Pickleball continues to exhibit high popularity with the total number of participants playing on a regular 7-days a week basis and steadily increasing.

Community Programs: Parks and Recreation
provides high quality programs and services that
are responsive to industry trends and changing
community needs. As stay-at-home orders lifted
and schools returned to in-person, so did Parks
and Recreation programs, albeit slowly and
mindful of changing CDC guidance, which led to a
variety of hybrid solutions. Parks and Recreation
Staff planned and implemented a new version of
the Farmer’s Market “Leprechaun Lost” event
using Cal Poly student volunteers.

The summer months provided opportunity to bring back the series “Movies at the Jack House”.

Throughout the summer, Parks and Recreation staff coordinated five “Monday Meet-Ups” showcasing a different park each month, where food truck vendors provided food options and Parks and Recreation staff brought outdoor activities and music. The first in-person Community Special Event to be hosted by Parks and Recreation was the Haunted Walk (a take on the annual Boo Bash) at Meadow Park, an all-outdoor event with spooks and tricks for youth of all ages. An estimated 2,000 participants attended the successful event in waves throughout the evening.

This event showcased local food trucks and the SLO County Food Bank. The event was made possible through Cal Poly’s RPTA-210 class and 20 student volunteers.

Being mindful of the community’s differing comfort levels with outdoor events, the Parks and Recreation team continued to provide virtual and hybrid events including, a pumpkin carving contest, an independently completed Tall Tales (book reading in the park scavenger hunt), an “Egg Hunt to Go” event and a virtual Gobble Wobble (in partnership with the Food Bank). The Department also brought games and activities to the Mission over the summer months allowing other hybrid and virtual events included the Holiday Home Light Map, virtual contests such as the Halloween pumpkin decoration and costume contest, the SLO Skatepark holiday ugly sweater contest, the gingerbread house building contest, the holiday hike challenge, and the hunt for holidays around the world. In addition, Community Services created several home and neighborhood scavenger-themed events during the holidays. These scavenger hunts were geared toward safe family fun at home and in the neighborhood.

Contract Classes: With in-person programs returned, the City’s outside instructor partners returned to providing classes for youth and adults, with both in-person and virtual class options.

City staff coordinated 260 classes, with 150 that were registered for by 1,200 participants.

Haunted Walk Costume Contest – Halloween 2022

Community Gardens: Although special events needed to be revamped due to the pandemic, the Community Gardens continued to be a safe haven for our community throughout 2021. There are five Community Garden locations throughout San Luis Obispo, with 100+ garden plots available to City residents to lease. The Parks and Recreation Department continues to offer online program registration and satisfaction surveys to its customers.

SLO Skate Park: The Skate Park remained open to
the public throughout 2021 and the community
continued to actively utilize the skate park and
rink. Skate Park ambassadors continued to remind
skaters of proper etiquette and safety when using
the City facility. As roller sports have become
more and more popular, City staff also played a
role in supporting all user groups to enjoy the
park. Throughout 2021 the Skatepark celebrated
its birthday with a Skating Bash in February 2021, participated in the SLO County Monster Skate Program, and held a Ramp N’ Roll event in August 2021 to introduce the sport of skateboarding.

SLO Senior Center: The Senior Center remained closed through June 2021. Reopening with limited hours, the Senior Center Board navigated rules and regulations to ensure the safety of all members. The Senior Center board continues to organize book clubs, bridge, brain aerobics, and other programs geared at engaging the senior community in San Luis Obispo.

Jack House and Gardens: While the Jack House remained closed to public tours throughout 2021, the docents and advisory committee continued to stay focused on projects regarding art restoration and property maintenance. In December 2021, the docents hosted an in-person event, the Victorian Christmas, with four tour dates offered over two weekends. Over 150 individuals came through the Jack House and enjoyed crafts for kids in the gardens.

SLO Triathlon: Due to safety guidelines in response to the ongoing COVID-19 pandemic, the City made the difficult decision to cancel the annual SLO Triathlon for the second year in a row. The SLO Tri traditionally occurs on the fourth Sunday in July at Sinsheimer Park and includes a 0.5- mile swim, 15-mile bike ride, and a 3.1 mile run. Over 150 community volunteers make this annual event possible. The SLO Triathlon focuses on completion rather than competition, and draws an average of 600 participants annually, of which 30% are San Luis Obispo residents.

Youth Services: As the San Luis Coastal Unified School District (SLCUSD) continued to provide virtual learning for students at the beginning of the 2020-21 school year, Youth Services staff developed a revised full day childcare program at three school sites, serving 126 children.

In January 2021, schools reopened their campuses to hybrid learning options in waves. Hybrid learning is defined as part-time in-person instruction and part-time virtual instruction. Wave 1 included TK programs at CL Smith, followed by Kindergarten, first grade, second grade, and eventually third grade through sixth grade. Not long after, Sinsheimer Elementary also resumed a hybrid learning option for their TK and Kindergarten students. Because the schools’ schedules SLO Skate Park

continued to change and not all children were in school at the same time, staff spent the day facilitating children between in-person learning and childcare programs. Students in the childcare programs were required to complete their on-line schoolwork and staff became supporters of their virtual instruction as well as childcare providers with up to 18 children in a childcare room all possibly completing different instructions. Staff continued to assign children to childcare pods based on family and friend groups to minimize the spread of COVID-19.

Meanwhile at the other school sites, staff
continued to provide full day childcare with
students, spending their entire school day on
Zoom. Throughout this time, staff continued to
work closely with community partners CAPSLO,
SLCUSD, Public Health, and state licensing to
ensure all changing guidance was implemented
at the program sites. Program safety was
enhanced with a Safety Monitor who checked
children in, completed daily health screening,
and sanitized rooms and equipment each hour.

In March 2021, all schools resumed a hybrid learning option for all students. This meant that staff returned to providing care at four out of five typical school sites. This allowed the YMCA to remain at Hawthorne Elementary School with the intention of providing a consistent experience for the children. Agreements were made to ensure all children who had been using childcare during the hybrid program continued to have access if they moved school sites and with the agreement that the City would return to normal programming at Hawthorne Elementary School in the fall of 2021. Staff provided 2-3 childcare rooms at each of the school sites, totaling 10 rooms and serving 120 children each week based on COVID safety ratios.

Due to the intensity of the program needs for over a year, childcare staff opted not to run its typical Spring Break Camp, allowing program staff to refresh after 12 months of responding to accommodate all the changing school district schedules, CDC guidance, and COVID reporting. To compensate for the Youth Services staff not conducting the spring break camp, Community Services staff coordinated a spring break camp at Meadow Park. During this time and for the foreseeable future, Youth Services administrative staff became experts in managing COVID exposures and positive cases. Staff spent countless hours reporting with Public Health, school district partners, and families to complete contact-tracing and reporting. These tasks did not fall within the standard workday and staff would often be reporting during evenings and weekends.

San Luis Coastal Childcare Program

As the school year concluded in 2021, staff
provided a more traditional summer camp
experience compared to 2020, while remaining
mindful of all pandemic guidance. Field trips were
limited to the SLO Swim Center and local hikes –
no bussing was used during the summer. The
summer camp was held at C.L Smith Elementary
School (the summer school option) and at
Sinsheimer Elementary (the full day option: 8am –
5pm, Monday through Friday) for 7 weeks. Over
120 children used this program each week.

With the start of the 2021-22 school year, childcare staff returned to a traditional way of providing City childcare: Sun N’ Fun and Club STAR. Families were able to register for drop-in care (paying only for the time that their child attends) and more families were able to utilize this service. Children have resumed full days of school. Programs continue to be offered in the traditional time frames: before school, middle of the day for TK and Kindergarteners, and after school. Due to continued nationwide staffing shortages, programs continue to manage waitlists adhering to the State Licensing mandate of 1 staff member to 14 children.

The strong partnership between the City and SLCUSD continued in 2021 and into 2022. Other community partners have included CAPSLO, the Child Care Resource Center, and other local childcare agencies who have worked together in finding answers and creative solutions while facing changing guidance and regulations. The City received grants from local partners such as CAPSLO to support the scholarship program. With the City scholarship program and the CAPSLO subsidized care program, 66 youth have received additional childcare fee subsidies.

All Youth Services programs are made possible
with the work of up to 70 supplemental staff
(currently only 30-40 staff members due to
ongoing hiring challenges), ranging from entry
level aides to Child Care Head Teachers and full
time Site Directors. Staff turnover since Fall 2021
has been higher than ever before with 43 parttime staff hired during the year and 40 staff separations. Staff are provided ongoing
instruction to ensure programs are consistent
with Department and State Licensing standards.

Topics include Positive Guidance, Safety and
Accountability, Mandated Child Abuse Reporting,
and Pediatric CPR/First Aid. Parks & Rec Dept. Youth Services Team Youth Summer Camp

Volunteers & Training
Despite pandemic guidelines limiting the
number of people allowed to gather, Parks and
Recreation staff was still able to utilize
volunteers to support services and
programming at the Garden workdays and
Ranger Workdays, as well as some smaller
community events in 2021. Parks and
Recreation staff continues to demonstrate a
culture of valuing humans and expecting the
best from all team members. In 2021, Parks and
Recreation staff participated in trainings provided by the Center for Organizational Effectiveness, the California Professional Recreation Society (CPRS), and the American Red Cross, as well as industry specific trainings.

Open Space Maintenance
Throughout 2021, Ranger Service
continued to provide educational
and recreational opportunities to
the community of San Luis Obispo.

The City's 4,040 acres of designated
open space is designed to provide
access for a variety of abilities and
experiences including rugged
hiking trails, challenging mountain
biking, and scenic pathways within
minutes of community residences
and businesses.

The City’s Ranger Service program employs full-time rangers and other part-time staff that actively maintain the City’s open spaces. Over 50 tons of trash were removed from San Luis Obispo Creek and City open spaces by staff and contractors in 2021. Ranger Service led educational hikes through City open spaces, held 15 workdays, and promoted Wilderness Wednesdays via social media to engage and educate our community. City parks and open spaces were patrolled nearly every day of the year. In 2021, a total of 1,140 hours were devoted to public education focusing on conservation and promoting laws during the ongoing COVID-19 pandemic.

In 2021, over 1,000 dog leashes were given away at trail entrances and bike bells were also provided to keep users safe. Rangers also added one-way directional signage at loop trails to promote social distancing during the pandemic. New trailhead kiosks and educational panel inserts were installed along City trails in 2021. Collaboration with the public and with the Central Coast Concerned Mountain Bikers (CCCMB) resulted in trail maintenance projects at Bishop Peak, Irish Hills, Bob Jones Trail within the City’s open space trail network. New trails broke ground this year at Whale Rock Reservoir and the Miossi Open Space.

Parks & Recreation Department Ranger Service
Parks & Recreation Staff Training

The Pilot Program at Cerro San Luis Natural Reserve which began in the winter months of 2017 and 2018 continued through 2021. In response to prior City Council discussion and direction, staff implemented the pilot program at the 118-acre Cerro San Luis Natural Reserve (the “Reserve”) that would allow extended evening hours of use for passive recreational purposes along approximately 4.9 miles of trails during the winter months (November – March) when daylight savings time is not in effect. During these time periods, public use was extended to one hour before sunrise and until 8:30 PM. During daylight savings time, the hours of use for the public return to one hour before sunrise through one hour after sunset. Nighttime use is by permit only and limited to 65 people per evening based on prior conservation review. Permits for biking and hiking are allowed up to 1-week before and available through the City website. Rangers are present, checking permits and educating the public during the Winter Evening Access program.

Emerson Fitness Park Equipment Replacement Project
Progress on planning for the Emerson Fitness Park
replacement project continued in 2021. The
existing fitness park located within Emerson Park
has become outdated and in poor shape. This
project will remove the existing fitness park and
install an updated fitness circuit. The new fitness
park will be low maintenance and ADA friendly,
and will allow fitness tracking and workouts
through a dedicated mobile application which the
Parks and Recreation Department has received through a $25,000 grant award to help fulfill the City’s goal of a revitalized Emerson Park. The project was completed in February 2022.

North Broad Street Neighborhood Park
In June 2018, City Council approved the North Broad Street Neighborhood Park project to develop a new park facility in the location of the existing community garden. Multiple public engagement sessions with neighbors of North Broad Street were held throughout 2019 to assess priority amenities and feedback on initial concepts and designs. As a part of the park design, a portion of the park will remain to be used as a community garden. A final design concept was presented to the Parks and Recreation Commission for approval in November 2019. An environmental review process was conducted in 2020 based on the conceptual park design to support the recommendation for City Council to approve a general plan amendment and rezone the parcel for the creation of a neighborhood park. City Council approved the rezone and the process was completed in April 2021. The project design is expected to be finalized in Spring 2022 with construction anticipated to begin in Fall 2022.

Emerson Park fitness court model

Orcutt Area Parks
In July 2021, City Council approved the development of several park in the Orcutt Area, specifically within the Righetti Ranch Neighborhood. These parks will be developed and designed over the next few years to provide new amenities to the community. Proposed parks in this area include a community park, a linear park, a pocket park, and a trail junction park. The tentatively planned recreation amenities for these parks include pickleball and tennis courts, basketball court(s), a playground, restrooms, athletic turf fields, a dog park, and community gardens.

Multiple public engagement sessions with neighbors will be conducted in 2022 to assess priority amenities in each park location.

SLO Swim Center
The SLO Swim Center reopened in July 2020 for the first time since the closure in March 2020. The SLO Swim Center opened with modified conditions, including enforcing
social distancing protocols and hourly lane reservations. In July 2021, the SLO Swim Center returned to standard
summer programming with the return of Recreational
Swim and group lessons. The SLO Swim Center continued
to enforce general precaution as recommended by the
County and California Department of Public Health. After an extended maintenance pool closure to repair pool
plaster and expansion joint for the 50-meter pool from
August to September 2021, the SLO Swim Center reopened
to a modified programming schedule due to County-wide lifeguard shortages. Lap swim and therapy pool hours were modified based on staff availability. Recruitment and retention efforts were focused throughout the remainder of 2021 with an expectation of returning to traditional hours of operation for winter and spring 2022.

Laguna Lake Golf Course
The Laguna Lake Golf Course (LLGC) continued to provide affordable recreational golf opportunities to the San Luis Obispo community throughout 2021. Conditions at the course varied throughout the 2021 calendar year due to aging irrigation infrastructure. Leaks and irrigation controller issues lead to sporadic course watering resulting in less-than-ideal course conditions. Staff completed a major irrigation re-wiring project on Hole #1 that required many lines of trenching to be dug, miles of wires laid connecting all sprinklers, repairing leaks withing the system, then backfilling all trenches holes by hand. In August 2021, the golf course received a hydro excavation unit, which has reduced the time needed to expose and repair leaks while condensing the time the irrigation system is offline. The golf course continued offering alternative programs including weekly night golf and monthly night disc golf. The long-term concessionaire, Achievement House’s 11th Hole Grill, ceased operations in June 2021 and a Request for Proposal was submitted in September 2021. A new concessionaire will be implemented in early 2022.

San Luis Obispo City lifeguards

Public Art Program
Public art continues to be a City priority through the Major City Goal of Diversity, Equity, and Inclusion (DEI). In 2021, an agreement was established for a two year contract with San Luis Obispo Museum of Art (SLOMA) for art installations throughout the downtown corridor, upcoming transportation roundabouts, and the Cerro San Luis Greenway project (formerly titled the “Anholm Greenway”).

The SLOMA staff have focused on bringing artists
from outside of the Central Coast region to install
temporary art pieces which celebrate diversity,
equity and inclusion. Maria Molteni’s Seven
Sisters mural on the backside of the Fremont
Theater was the largest mural to have been
installed within the City, taking almost a month,
numerous assistants, and two scaffolds to
complete. The completion of this mural in
November 2021 set the stage for future partnered
projects to come in 2022, including the upcoming
sculpture for the roundabout at Tank Farm Road and Orcutt Road. SLOMA also contracted for a sculpture installation to be located on the lawn outside the museum adjacent to Mission Plaza.

In August 2021, Mamma Mobius was installed as a temporary year-long art installation which will be replaced in August 2022.

Local artists within San Luis Obispo County were
also hired to paint a mural on the newly finished
Marsh Street bridge. With continued commercial
and residential development, City staff continue
to support developers with public art installations
as required by the City, managing art juries and
giving feedback to the Community Development
Director. City Staff also worked with local
contractors to clean, prepare, and repair tiles in
the "Double Luck Joy" public art mosaic in time for
the Lunar New Year in 2021.

In 2021, the City’s Public Art Program continues a long-standing collaboration with the SLO Museum of Art, San Luis Obispo County Arts Council, the Cultural Arts Committee with the Downtown Association, Cal Poly, and Cuesta Art Gallery.

Poppies – Marsh Street Bridge
Seven Sisters Mural

Conclusion
The City’s General Plan guides the use and protection of the City’s various resources to meet community purposes. The General Plan reflects consensus and compromise among a wide diversity of citizens’ preferences within a framework set by state law. The General Plan is published in separately adopted elements, each containing its own policies and programs. The 2021 General Plan Annual Report summarizes progress made in 2021 for major programs specified in the elements of the General Plan.

One outcome of an annual report is the evaluation of whether actions that have occurred indicate a change in the general vision of the community that requires a more comprehensive update of the General Plan. Significant progress was made by the City in 2021 related to implementation efforts of key General Plan elements. These efforts were taken in pursuit of the City Council’s Major City Goals for FY 2019-2021 and for FY 2021-2023 as described on pages 9 and 10. City staff will continue to implement goals and objectives related to; Economic Recovery, Resiliency and Fiscal Sustainability; Diversity, Equity, and Inclusion; Housing and Homelessness; and Climate Action, Open Space, and Sustainable Transportation. Progress on implementation of these goals and objectives will be further reported on in the 2022 General Plan Annual Report.

Item 6b
Department: Utilities
Cost Center: 6107
For Agenda of: 4/19/2022
Placement: Business
Estimated Time: 15 Minutes
FROM: Aaron Floyd, Utilities Director
Rebecca Bernstorff, Community Services Group Business Services and Administrative Manager
Prepared By: Tina Clark, Solid Waste and Recycling Coordinator SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND THE CITY’S EXISTING

FRANCHISE AGREEMENTS WITH SAN LUIS GARBAGE COMPANY TO
IMPLEMENT STATE ORGANICS RECYCLING LAW (SENATE BILL 1383)

REQUIREMENTS

RECOMMENDATION
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending and restating its existing franchise with San Luis Garbage Company to implement Senate Bill 1383 requirements.”

DISCUSSION
Background
The purpose of this item is to introduce an ordinance amending the agreements with San Luis Garbage Company (San Luis Garbage) to provide for organics recycling as required under Senate Bill 1383 (Attachment A). The City of San Luis Obispo (City) has three existing franchise agreements with San Luis Garbage that include the collection of solid waste, recyclables, and organic waste. These agreements must be amended to comply with the requirements of Senate Bill 1383 (SB 1383), the state’s new and extensive organics recycling law, and to provide consistency with the City’s recently adopted Ordinance No. 1706 (2021 Series) addressing waste and recycling matters also required by SB 1383. (Attachment B, Attachment C, and Attachment D).

On March 15, 2022, the City Council adopted a Resolution of Intention (Attachment E), declaring its intention to amend its agreements with San Luis Garbage and to set a public hearing on these items for April 19, 2022. This action was taken in accordance with Article 10 of the City Charter which prescribes the procedures for adoption and amendment of a franchise agreement. As required by Charter Section 1002, the City Clerk published Resolution No. 11312 within 15 days of its adoption in a local newspaper, and the public hearing is being held prior to the approval of the franchise and within 60 days at the passage of the resolution of intention.

Item 6b
Staff has worked closely with neighboring jurisdictions, the San Luis Obispo County Integrated Waste Management Authority (IWMA), and the IWMA’s consultant, HF&H Consultants (HF&H), to allow for a uniform, regional approach to SB 1383 implementation, including the provisions contained in the proposed franchise amendments.

SB 1383 Requirements
SB 1383 requires all jurisdictions in California to implement mandatory organic waste diversion programs to reduce emissions of methane gas and help curb climate change.

The City of San Luis Obispo has been offering full organic materials recycling services to its residences and businesses for the past several years, which has not necessarily been the case with other jurisdictions throughout the State. However, SB 1383 now obliges the City to require active participation by all residents and businesses. New City responsibilities fall into six main program areas:

1. Program Expansion - program to cover all residential and commercial accounts;

2. Deposition – deposition of source separated collection materials at permitted diversion facilities;

3. Public Education - enhanced residential and commercial public education;

4. Reporting – new State reporting and documentation requirements;

5. Procurement - meeting specific organic materials procurement targets; and

6. Enforcement – specific program enforcement activities.

As cities across California implement these requirements, the State is expecting to see a 75 percent reduction in landfilled organic materials resulting in a significant reduction in methane emissions thereby improving public health and the environment. The City has been working in close coordination with the IWMA and San Luis Garbage on defining and assigning each entities’ specific roles and responsibilities under the new legislation and supporting regulations.

Proposed Franchise Agreement Amendments
Per SB 1383, “a jurisdiction may designate a public or private entity to fulfill its responsibilities under this chapter. A designation [may] be made through . . . contracts with haulers.” (Cal. Code of Regulations, Title 14, § 18981.2.) Accordingly, the City must amend its existing hauler collection franchise agreements to clarify the services required by SB 1383 that will be provided by San Luis Garbage. In line with the six program areas defined above, the proposed franchise agreement amendments will require San Luis Garbage to:

1. Program Expansion - expand source separated organics collection services to cover all residential and commercial properties without a City issued waiver (the program will no longer be voluntary for commercial multi-family residences and businesses);

Item 6b

2. Disposal - require all source separated collection materials be deposited at approved organics and recycling materials processing facilities only;

3. Public Education - implement state specified container color and labeling requirements and augment public education through an annual mailer and periodic City requested utility bill inserts;

4. Reporting - increase recordkeeping and reporting to ensure City compliance with State mandated program documentation stipulations;

5. Procurement - assist the City in the procurement of organic materials such as compost and renewable natural gas (RNG) generated by permitted organics facilities; and

6. Enforcement - establish enhanced container contamination tagging notices and customer outreach efforts and documentation procedures.

Franchise Agreements Terms and Amendment Process
The Solid Waste Collection Franchise Agreement with San Luis Garbage expires in 2025.

The Recycling Collection Franchise Agreement was entered in 2010, and its 15-year term also expires in 2025. The Green (Organics) Waste Collection Agreement entered in 2015 has a 20-year term that expires in 2038. The longer term of the Organics agreement was necessary to allow for the construction and operation of an anaerobic digester facility by guaranteeing an ongoing feedstock of organic material.

In alignment with the City Charter requirements relating to the adoption of the amended franchise agreements, the City Council passed Resolution No. 11312, declaring its intention to do so. The Resolution stated the character of the franchise agreement amendments, the terms and conditions upon which they are proposed to be granted and set the date to hold a noticed public hearing at which the ordinance amending the franchise agreements will be introduced. The public hearing must be held 20 to 60 days after the passage of the resolution and notice for it must be published in a local paper. A second reading of the ordinance must also be conducted. Below is a summary of the proposed schedule:

1. March 15, 2022 – City Council adopted a Resolution of Intention

2. March 24, 2022 – City Clerk published the Public Hearing notice in a local newspaper (15 to 60 days prior to scheduled hearing date)

3. April 19, 2022 - Public Hearing and Ordinance Introduction (20 to 60 days after the passage of the resolution)

4. May 3, 2022 - Ordinance Adoption
Previous Council or Advisory Body Action
The City Council adopted the related SB 1383 ordinance, Ordinance No.1706, on December 7, 2021. The Solid Waste and Recycling Collection Franchise Agreements were last adopted in 2010 and the Green Waste Collection Agreement in 2015. The City Council adopted Resolution No. 11312 (2022 Series) on March 15, 2022, declaring its intention to amend the existing hauler franchise agreements and set a noticed public hearing to introduce the ordinance amending the franchise agreements and to accept public comment.

Item 6b
Policy Context
The City’s Climate Action Plan Pillar 5: Circular Economy lists waste diversion as a means of achieving Greenhouse Gas Emissions Goals. Amending the City’s existing hauler franchise agreements to allow for compliance with SB 1383 implementation will help the City make progress towards the Climate Action Plan goals with regional impact.

Public Engagement
Resolution No. 11312 (2022 Series), adopted by City Council on March 15, 2022 set a public hearing before the City Council on April 19, 2022, to allow for comment on the agreements. Notice of the public hearing was published in a local newspaper in accordance with Section 1002, Article X of the City’s Charter.

CONCURRENCE
The City’s Finance and City Attorney’s Offices concur with the recommendations set forth in this report. The main principles contained in the franchise agreement amendments were negotiated with input from the IWMA’s consultant, HF&H, and neighboring jurisdictions serviced by the franchised hauler to allow for a uniform, regional approach to SB 1383 implementation and compliance.

ENVIRONMENTAL REVIEW
The amendment of the franchise agreements is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 and 5061(b)(3).

FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:

Total $ $ $ $

Item 6b
There are no direct fiscal impacts associated with this action. Costs associated with the implementation of the SB 1383 program requirements will be included in the upcoming rate adjustment proposed for Council’s consideration at the April 19, 2022 City Council Meeting. Per Proposition 218 guidelines, the holder of each trash service account will receive a mailed notice of the proposed rate adjustment, an explanation of costs, and public hearing information that will allow them to oppose the increase. Notices will be mailed at least 45 days before the public hearing in accordance with Proposition 218 requirements.

For granting the exclusive franchise, the City assesses a franchise fee that remains the same in the amended agreements and is defined as 10% of gross revenue. Franchise Fees are a General Fund revenue.

ALTERNATIVES
Council could decide to not adopt the Resolution of Intent to amend the City’s existing franchise collection agreements to add provisions allowing for SB 1383 compliance. This action is not recommended by staff, as the City will be issued a Notice of Violation by CalRecycle and risks possible fines and penalties. There are no reasonable and feasible alternatives to collection and processing of organics under SB 1383 other than expanding the existing contract with San Luis Garbage.

ATTACHMENTS
A - Draft Ordinance amending Franchise Agreements with San Luis Garbage B - Ordinance Exhibit A - Solid Waste Agreement (Redline) C - Ordinance Exhibit B - Recycling Agreement (Redline) D - Ordinance Exhibit C - Organics Agreement (Redline)
E - Resolution No. 11312 (2022 Series)

O ______
ORDINANCE NO. _____ (2022 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, AMENDING ITS FRANCHISE AGREEMENTS
WITH SAN LUIS GARBAGE COMPANY TO IMPLEMENT SB 1383

REQUIREMENTS
WHEREAS, as on March 15, 2022 the City Council of the City of San Luis Obispo (“City”) passed Resolution No. 11312 (2022 Series), a Resolution of Intention declaring its intention to amend the franchise agreements with San Luis Garbage Company; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on April 19, 2022 for the purpose of considering adoption of the amended franchise agreements; and
WHEREAS, notices of said public hearing were made at the time and in the manner as required by law; and
WHEREAS, the City Council of the City of San Luis Obispo adopted Ordinance No.1551 (2010 Series) granting a franchise to San Luis Garbage Company (“San Luis Garbage”) for a term of 15 years for the collection and disposal of solid waste and recycling, and Ordinance No. 1624 (2015 Series) for a term of 20 years for the collection and deposition of food and green waste within the City (collectively referred to as the “Franchise Agreements”);
WHEREAS, public health and safety demand the orderly and periodic collection and safe disposal and/or processing of solid waste, recyclables, food, and green waste; and
WHEREAS, it has been determined that an exclusive franchise granted to a private company is the most effective and efficient way to collect and remove solid waste, recyclables, and green waste within the City; and
WHEREAS, San Luis Garbage has provided a high level of service and reasonable rates for waste, recyclables, and green waste collection in the City for the terms of the Franchise Agreements; and
WHEREAS, Senate Bill 1383 Lara, Chapter 395, Statutes of 2016 (“SB 1383”) establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants by reducing disposal of organic waste in landfills and is California’s most comprehensive change to solid waste regulations in over thirty years; and

Ordinance No. _____ (2022 Series) Page 2
O ______
WHEREAS, SB 1383 and its implementing regulations require all jurisdictions to implement organic waste diversion programs to meet the goals of SB 1383 and allows a jurisdiction to designate a public or private entity to fulfill, in whole or in part, its responsibilities under SB 1383 through contracts with its waste haulers, such as the Franchise Agreements; and
WHEREAS, the Franchise Agreements allow the flexibility to add or change solid waste and recycling programs to comply with new laws and regulations.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City Council of the City of San Luis Obispo hereby grants to San Luis Garbage the exclusive right, privilege, and franchise for continued services to collect, process, and dispose of solid waste, recyclable, and green waste subject to the terms and conditions presented in Exhibit A - Solid Waste Agreement, Exhibit B – Recycling Agreement, and Exhibit C - Organic Materials Agreement.

SECTION 2. Ordinance No. 1551 (2010 Series) and Ordinance No. 1624 (2015 Series) are hereby repealed and superseded upon the effective date of this ordinance.

SECTION 4. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

Ordinance No. _____ (2022 Series) Page 3
O ______
INTRODUCED on the 19th day of April, 2022, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2022, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk

Franchise Agreement – Solid Waste
1 AMENDED AND RESTATED

FRANCHISE AGREEMENTBETWEEN
THE CITY OF SAN LUIS OBISPO ·
AND

SAN LUIS GARBAGE COMPANY
For Collection, Transportation, and Disposal of Solid
WasteWithin the City of San Luis Obispo
This Agreement between the City of San Luis Obispo and San Luis Garbage Company for Collection of Solid Waste (“Agreement”), is made and entered into as of the ______ day of June, 2022 (the “Effective Date”) in the State of California by and between the City of San Luis Obispo, a political subdivision of the State of California (hereafter “City”) and San Luis Garbage Company, a California corporation (hereafter “Franchisee”), each of which may be referred to individually as a “Party” or together as the “Parties.

RECITALS
This Agreement is made and entered into on the basis of the following facts, understandings, and intentions of the Parties:

WHEREAS: The Parties entered into a Franchise Agreement for Solid Waste Collection on August 20, 2010; and,
WHEREAS: Section 5.8 of the Franchise Agreement for Solid Waste Collection provides City with the right to direct Franchisee to modify the scope of one or more types of service described in the Agreement, or to otherwise modify its performance under the Agreement, subject to providing additional compensation; and, WHEREAS: The State of California has found and declared that the amount of refuse generated in California, coupled with diminishing Disposal capacity and potential adverse environmental impacts from landfill Disposal and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote Diversion and to maximize the use of feasible waste reduction, re-use, Recycling, and Composting options in order to reduce the amount of refuse that must be Disposed; and
WHEREAS: SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and WHEREAS: SB 1383 requires the City to implement Collection programs for Organic Waste, Recyclable Materials, and Solid Waste, meet Processing Facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Franchisee, acting as the City’s designee, through this Agreement; and
WHEREAS: Both Parties have, in good faith, negotiated changes to the Franchise Agreement for Solid Waste Deleted: Diversion
Deleted: August
Deleted: April
Deleted: 10
Deleted: Charter Municipal Corporation
Deleted: , (hereinafter the "
Deleted: ")
Deleted: Inc.,
Deleted: "Franchisee");
Deleted: ¶
Deleted: with reference to
Deleted: and circumstances
Deleted: (“Agreement”)
Deleted: <#>The Legislature of the State of California, by enactment of California Integrated Waste Management
Act of 1989, Division 30 of the California Public
Resources Code, commencing with Section 40000
(CIWMA), declares that it is within the public interest to authorize and require local agencies to make
adequate provisions for solid waste handling within
their jurisdictions. The law, AB 939 requires a 50
percent reduction in the amount of waste which is
landfilled by 2000; and¶
¶
<#>The City has authority to grant a franchise for
collection, diversion, and disposal of solid waste within the City of San Luis Obispo pursuant to City Charter
Article X and Chapter 8.04 of the San Luis Obispo
Municipal Code; and¶
¶
<#>The City Council has determined that solid waste,
including discards from residential and non- residential properties, must be regulated to protect public health, safety and welfare; to conserve landfill disposal capacity; and to develop and maintain effective resource
management programs; and¶
¶
<#>The City Council has determined that all occupied
developed properties in the City must participate in the City's solid waste collection and disposal service; and¶ ¶
<#>The City Council has determined that an exclusive
franchise granted to a private company is the most
effective and efficient way to collect and remove solid waste within the City; and¶
¶
<#>The City Council has determined that the Franchisee
can provide needed solid waste services; and¶
¶
<#>Franchisee is responsible for arranging for solid
waste collection and disposal service, and an
appropriate landfill destination for collected solid ...

Deleted: ¶
Deleted: ,
Deleted: Agreement

Franchise Agreement – Solid Waste
2 Collection necessary to support the City’s and Franchisee’s compliance with SB 1383, as set forth herein; and WHEREAS, this Agreement is intended to restate and supersede all prior Franchise Agreements for Solid Waste Collection between City and Franchisee; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, CITY and FRANCHISEE do hereby agree as follows:

Deleted: .

Deleted: for and
Deleted: it is
Deleted: agreed by and between the City and Franchisee
Deleted: EFFECTIVE DATE¶
This Amendment #1 shall become effective on the date
this Amendment #1 is signed by both Parties. ¶

Franchise Agreement – Solid Waste
3 ARTICLE 1.

DEFINITIONS
For purposes of this Agreement, unless a different meaning is clearly required, the following terms shall have the following meanings:

1.1 “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.

1.2 "AB 939" means the California Integrated Waste Management Act of 1989, (Division 30 of the California Public Resources Code), also commonly referred to as "AB 939," as amended, supplemented, superseded, and replaced from time to time.

1.3 “AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time.

1.4 "Affiliate" means all businesses (including corporations, limited and general partnerships, and sole proprietorships) which are directly or indirectly related to Franchisee by virtue of a common ownership interest or common management shall be deemed to be "Affiliated with" Franchisee and included within the term "Affiliate" as used herein. An Affiliate shall include a business in which Franchisee owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Franchisee and /or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Franchisee. For purposes of determining whether an indirect ownership exists, the constructive ownership provisions of Section 3l 8(a) of the Internal Revenue Code of 1986, as in effect the date of this Agreement, Shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 3l 8(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect· ownership under Section 3l 8(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater.

1.5 "Agreement" means this agreement the between the City and Franchisee for arranging for the collection, diversion, and disposal of solid waste, and collection and any future amendments hereto.

1.6 “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, and Solid Waste that are in force on the Effective Date and as may be enacted, issued or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383.

1.7 "Arranger" means any person that arranges for the collection, diversion, transfer, burning, disposal or processing of any solid waste.

1.8 “Bin” means a Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading and/or rear-end loading Collection vehicle, including Bins with Compactors attached to increase the capacity of the Bin.

Deleted: ¶
Deleted: means the California Integrated Waste
Management Act of 1989, as it may be amended from
time to time.¶

Franchise Agreement – Solid Waste
4 1.9 "Bulky Item(s)” or “Bulky Waste" means discarded, large household appliances, furniture, tires, carpets, mattresses, and similar large items which require special handling due to their size, but can be collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating vehicle load limits. It does not include abandoned automobiles.

1.10 “Business Days” mean days during which the City offices are open to do business with the public.

1.11 “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).

1.12 “CalRecycle” means California's Department of Resources Recycling and Recovery.

1.13 “Cart” means a plastic Container with a hinged lid and wheels that is serviced by an automated or semiautomated Collection vehicle. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes).

1.14 "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C Section 9601, et seq.

1.15 "City" means the City of San Luis Obispo, a Charter municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term of this Agreement. The City may designate responsibilities to one or more third parties, in writing, between the City Manager and the designee.

1.16 "Collect" or "Collection" (or any variation thereof) means to take physical possession, Transport, and remove Discarded Materials and other material at the place of generation in the City.

1.17 “Commencement Date” means the date specified in Article 3 when Collection, Transportation, Processing, and Disposal services required by this Agreement shall be provided.

1.18 "Commercial” shall mean of, from, or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property.

1.19 “Compactor” means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to fifty (50) cubic yard Drop Box Compactors serviced by Roll-Off Collection vehicles.

1.20 “Complaint” shall mean each written or orally communicated statement made by any Person, whether to City or Franchisee, alleging: (1) non-performance, or deficiencies in Franchisee’s performance of its duties under this Agreement; (2) a violation by Franchisee of this Agreement; (3) an SB 1383 Non-Compliance Complaint as required under 14 CCR Section 18995.3.

1.21 “Compost” (or any variation thereof) includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product.

Deleted: means the City of San Luis Obispo, a Charter
municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term of this Agreement.…
Deleted: means to take physical possession of, transport, and remove Solid Waste within and from the City.…
Deleted: "Commercial and Industrial Property"
means property upon which business activity is conducted, including, but not limited to, retail sales, services,
wholesale operations, manufacturing and industrial
operations, but excluding businesses conducted upon
residential properties which are permitted under applicable zoning regulations and are not the primary use of the
property.¶

Franchise Agreement – Solid Waste
5 1.22 “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for Compostability.

1.23 "Construction and Demolition Debris" or “C&D” means used or discarded construction materials removed from a Premises during the construction, repair, demolition, or renovation of a structure.

1.24 "Container" means Bin, Carts, Compactors, and franchise Roll-Offs..

1.25 “County” means the County of San Luis Obispo, a political subdivision of the State of California.

1.26 “Customer” means the Person whom Franchisee submits its billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.

1.27 "Demolition Debris" means used construction materials removed from a premises during the razing or renovation of a structure.

1.28 "Designated Collection Location" means the place where an authorized recycling agent or a solid waste collector has contracted with either the City or a private entity to collect solid waste.

1.29 “Designated Disposal Facility” or “Designated Disposal Site” means the landfill or transfer station, selected by City where Solid Waste Collected under this Agreement is sent for final Disposal. The Designated Disposal Facility is subject to the City's right of direction. The Designated Disposal Facility is the Cold Canyon Landfill as the primary, owned and operated by Waste Connections and located at 2268 Carpenter Canyon Rd, San Luis Obispo, CA 93401, and Chicago Grade Landfill, or the Santa Maria Landfill, as alternatives.

1.30 “Designated Waste” means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment, and which may be Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance issued by the California Department of Health Services.

Designated Waste consists of those substances classified as Designated Waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.

1.31 “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste placed by a Generator in a receptacle and/or at a location for the purposes of Collection, excluding Excluded Waste.

1.32 “Disposal Facility” means a landfill, or other Facility for ultimate Disposal of Solid Waste.

1.33 "Disposal Site(s)" means any properly licensed and permitted solid waste facility or facilities arranged by Franchisee after consultation with City for the ultimate disposal of solid waste collected by Franchisee.

1.34 "Designated Processing Facility" means any properly licensed and permitted plant or site used for the purpose of sorting, cleansing, treating, reconstituting, processing and marketing recyclable materials, which has been arranged by Franchisee after consultation with City.

1.35 "Dispose” or “Disposal" means the ultimate disposition of Solid Waste or Processing Residue at a Disposal Facility.

1.36 “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from Disposal at Deleted: Debris" means used or discarded construction
materials removed from a premises during the
construction, repair or renovation of a structure.¶
Deleted: means any bin, vessel, can or receptacle used
for collecting and storing solid waste before removal.

Deleted: <#>¶
Deleted: means the ultimate disposition of solid waste
collected by Franchisee at a landfill in full regulatory compliance or other fully permitted disposal site.¶

Franchise Agreement – Solid Waste
6 landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion, or other method of Processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may occur over the Term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs and/or are for other reasons deemed desirable by the City.

1.37 “Dwelling Unit” means any individual living unit in a; Single-Family Dwelling Unit or Multi-Family Dwelling Unit or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, Residential living other than a Hotel or Motel.

1.38 “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

1.39 “Effective Date” means the date on which the latter of the two Parties signs this Agreement, as specified in Section 3.1 of this Agreement.

1.40 “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Franchisee reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in Franchisee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Franchisee or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

1.41 "Facility" means any plant or site utilized by Franchisee (or its Subcontractor) for the purposes of performing the duties under this Agreement, including, but not limited to, Transfer, Processing, or Disposal of Discarded Materials Collected in the City.

1.42 “Federal” means belonging to or pertaining to the Federal government of the United States.

1.43 “Food Recovery” means actions to Collect and distribute food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

1.44 “Food Scraps" means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other Compostable Organic Waste common to the occupancy of Residential dwellings. Food Scraps are a subset of Food Waste.

1.45 “Food-Soiled Paper” means Compostable paper material that has come in contact with Food Scraps or Deleted: means any plant or site, owned or leased and
maintained and/or operated or used by Franchisee for
purposes of performing under this Agreement.¶

Franchise Agreement – Solid Waste
7 liquid, such as, but not limited to, Compostable paper plates, napkins, and pizza boxes. Food -Soiled Paper is a subset of Food Waste.

1.46 “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste is a subset of Organic Materials.
"Franchise" means the special right granted by the City of San Luis Obispo to operate a Discarded Materials Collection company providing such services within the City.

1.47 “Franchise Fee” means the fee paid by Franchisee to the City as described in Article 8.

1.48 "Franchisee" means San Luis Garbage Company, a corporation organized and operating under the laws of the State of California, and its officers, directors, employees, agents, companies.

1.49 "Full Regulatory Compliance" means compliance with all applicable permits for a facility and with other applicable regulations such that the Franchisee will at all times maintain the ability to fully comply with its obligations under this Agreement.

1.50 “Generator” or “Waste Generator” means any Person whose act or process produces Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

1.51 "Green Waste" means those Discarded Materials that will decompose and/or putrefy, including, but not limited to, green trimmings, tree trimmings, grass cuttings, dead plants, weeds, prunings, brush, leaves, branches, brush, dead trees, small pieces of untreated and unpainted wood and other types of Organic Waste resulting from normal yard and landscaping maintenance that may be specified in City Legislation for Collection and Processing as Organic Materials under this Agreement. Green Waste does not include items herein defined as Excluded Waste. Green Waste is a subset of Organic Materials. If Green Waste is more than six (6) inches in diameter, it shall be Collected in the Bulky Waste Collection program.

1.52 "Gross Revenues" means the sum of the cash receipts derived by Franchisee from customer billings for Solid Waste Collection services and orange bag sales provided in the City. “Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products.

1.53 1.54 "Hazardous Waste" means any discarded material or mixture of materials, which is toxic, corrosive, flammable, radioactive or which, because of its quantity, concentration, physical, chemical or infectious characteristics may do harm to either humans, animals or the environment, or as defined in Article 2, Chapter 6.5 25117 of the Health and Safety Code and Public Resources Code 40141.

Commented [PT1]: Numbering needs to be updated
Deleted: means the special right granted by the City of San Luis Obispo to operate a solid waste collection company providing such services within the City.¶
¶
Deleted: ¶
Deleted: means tree trimmings, grass cuttings, dead
plants, leaves, branches and dead trees ( no more than six (6) inches in diameter) and similar materials generated at the premises.¶
Formatted: List Paragraph, Left, Line spacing: single,
No bullets or numbering
Deleted: "Hazardous Waste" is as defined in Article
2, Chapter 6.5, Section 25117 of the Health and Safety
Code and Public Resource Code Section 40141. For the
purposes of this Agreement, however, hazardous waste
shall not include Household Hazardous Waste which
maybe contained in solid waste.…
Commented [PT2]: Adjust numbering.

Franchise Agreement – Solid Waste
8 1.55

1.56 “Holidays” are defined as New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

1.57 "Household Hazardous Waste" means hazardous waste generated at residential premises.

1.58 "Interruption of Service" means (a) any period during which Franchisee's operations are diminished or discontinued by circumstances beyond its control, or (b) any period during which operations are diminished or discontinued as a result of any breach of the Agreement by Franchisee or (c) any period after the City has terminated the franchise and until the City can reasonably acquire other suitable service and/or enter into a new franchise agreement.

1.59 “Liquidated Damages” means the amounts due by Franchisee for failure to meet specific quantifiable standards of performance as described in Article 12.

1.60 ''Materials Recovery Facility" means a permitted Facility where Discarded Materials are sorted or separated for the purposes of Recycling, Processing, or Reuse.

1.61 "Medical Waste" means biohazardous waste, sharp wastes, waste which is generated or produced as a result of the diagnosis, treatment or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biological products, pursuant to California Health and Safety Code, Section 25023.2.

1.62 "Multi-Family Dwelling Unit" or “Multi-Family” means, notwithstanding any contrary definition in the City Municipal Code, any Premises, other than a Single Family Dwelling Unit, used for residential purposes, irrespective of whether residence therein is transient, temporary or permanent, including such Premises when combined in the same building with Commercial establishments, that receive centralized, shared, Collection service for all units on the Premises which are billed to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes, condominiums, or other structures with five (5) or more Dwelling Units who receive centralized, shared, Collection service for all units on the Premises which are billed to one (1) Customer at one (1) address shall be considered Multi-Family.

1.63 “Occupant” means the Person who occupies a Premises.

1.64 "Occupied" means when a person or persons has taken or is/are holding possession of a premises for temporary or permanent use. For the purpose of determining whether a premises was occupied during periods when Solid Waste Collection service was available to such Premises, the Premises shall be presumed to have been so occupied unless evidence is presented that no gas, electric, telephone or water utility services were consumed on such premises during such periods or such other evidence is presented to the satisfaction of the City Manager.

1.65 “Organic Materials” means Green Waste and Food Waste, individually or collectively. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Material and Solid Waste. Organic Materials are a subset of Organic Waste.

1.66 “Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, lumber, wood, paper products, printing Deleted: means a permitted Facility where solid wastes
are sorted or separated for the purposes of recycling or reuse.¶
Deleted: means any premises, other than a Single Family Dwelling Unit, used for residential purposes, irrespective of whether residence therein is transient, temporary or permanent.¶

Franchise Agreement – Solid Waste
9 and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

1.67 "Owner" means the Person or Persons holding legal title to real property and/or any improvements thereon and shall include the Person(s) listed on the latest equalized assessment roll of the County Assessor.

1.68 “Party” or “Parties” refers to the City and Franchisee, individually or together.

1.69 "Person" means any individual, firm, association, organization, partnership, corporation, consortium, business trust, joint venture, Commercial entity, governmental entity, public entity, the United States, the State of California, the County, local agencies, special purpose districts, or any other legal Person. "Premises" means any land or building where Discarded Materials are generated or accumulated.

1.70 “Process” or “Processing” means to prepare, treat, or convert through some special method.

1.71 “Processing Facility” means any plant or site used for the purpose of sorting, cleansing, treating or reconstituting Recyclable Materials, or Reusable Materials for the purpose of making such material available for Recycling or reuse or the Facility for the Processing and/or Composting of Organic Materials.

1.72 “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Recyclable Materials for the City’s Collection program; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Organic Materials for the City’s Collection program; (iii) Discarded Materials placed in the Solid Waste Container that are acceptable Recyclable Materials and/or Organic Materials to be placed in the City’s Recyclable Materials or Organic Materials Containers or otherwise managed under the City’s Collection program; and, (iv) Excluded Waste placed in any Container.

1.73 "Recyclable Materials" means Recyclable Materials as defined under the Franchise agreement between the Parties for Recyclable Materials Collection, as it may be amended from time to time.

1.74 “Recycle” or “Recycling” means the Process of sorting, cleansing, treating, and reconstituting at a Recyclable Materials Processing Facility, materials that would otherwise be Disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes Processes deemed to constitute a reduction of landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

1.75 "Related Party Entity" means any affiliated entity which has financial transactions with the Franchisee.

1.76 “Residential” shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including Single-Family homes, apartments, condominiums, Townhouse complexes, mobile home parks, and cooperative apartments.

1.77 "Residential Property" means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied, and includes both single family and multi-family dwelling units.

1.78 “Residue” means those materials which, after Processing, are Disposed rather than Recycled due to either the lack of markets for materials or the inability of the Processing Facility to capture and recover the Deleted: means the Person or Persons record title to the property constituting the premises to which solid waste collection service is to be provided under this Agreement or the person holding legal title to a facility used by Franchisee under this Agreement.¶
Deleted: means any individual, firm, association,
organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of San Luis Obispo, local agencies and special
purpose districts.¶
Deleted: means any land, or building where solid waste
is generated or accumulated.¶
Deleted: means residential and non-residential byproducts or discards of economic value which include, but are not limited to, aluminum, glass, paper, plastic, metal, and green or woody debris.¶

Franchise Agreement – Solid Waste
10 materials.

1.79 “Reusable Materials” means items that are capable of being used again after minimal Processing. Reusable Materials may be Collected Source Separated or recovered through a Processing Facility.

1.80 “Roll-Off” means an open-top or lidded Container with a capacity of seven (7) to forty (40) cubic yards that is serviced by a franchise roll-off Collection vehicle.

1.81 "Rubbish" means all waste wood, wood products, printed materials, paper, paste board, rages, straw, used and discarded clothing, packaging materials, ashes, floor sweepings, glass and other materials not included in the definition of Garbage, Hazardous Substance, or Recyclable Materials.

1.82 “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

1.83 “SB 1383 Renewable Natural Gas” or “SB 1383 RNG” means SB 1383 qualified gas derived from Organic Waste that has been Diverted from a landfill and Processed at an in-vessel digestion Facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

1.84 “Self-Haul” or “Self-Hauler” means a Person who hauls Discarded Materials, recovered material, or any other material, to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a Person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A).

1.85 “Service Level” refers to the size of a Customer’s Container and the frequency of Collection service.

1.86 "Single Family Dwelling Unit" or “Single-Family” or “SFD” means, notwithstanding any contrary definition in City Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service feasibly can be provided to such Premises as an independent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service.

Single-Family includes Townhouses that maintain individual collection service regardless of whether each unit is separately billed for their specific Service Level. Single-Family also includes duplex, tri-plex, or fourplex Residential structures regardless of whether each unit maintains individual collection service or is separately billed for their specific Service Level.

1.87 "Solid Waste" means Solid Waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated thereunder. Excluded from the definition of Solid Waste are Excluded Waste, C&D, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials Deleted: means each premises used for or designated as a single family residential dwelling, including each unit of a duplex or triplex in all cases in which there is separate or individual solid waste collection service.¶

Franchise Agreement – Solid Waste
11 are included for Collection in a Solid Waste Container not Source Separated from Solid Waste at the site of generation.

1.88 “Source Separated” means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Composting, recovery, or reuse.

1.89 “State” means the State of California.

1.90 “Subcontractor” means a Party who has entered into a contract, express or implied, with the Franchisee for the performance of an act that is necessary for the Franchisee’s fulfillment of its obligations for providing service under this Agreement. Vendors providing materials and supplies to Franchisee shall not be considered Subcontractors.

1.91 "Term" means the term of the Agreement, as provided for in Article 3.

1.92 “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds.

1.93 “Townhouse” means an attached or semi-attached Dwelling Unit within a group of attached or semiattached Dwelling Units. A Townhouse shall be considered a Single-Family Dwelling Unit if each unit maintains individual Collection service subscription. A Townhouse shall be considered a Multi-Family Dwelling Unit if the Premise receives centralized, shared, Collection service for all units on the Premise.

These shall be the designations regardless of whether the Premises are billed individually or through a central account (e.g., homeowner association, property manager).

1.94 “Transfer” means the act of transferring the Discarded Materials Collected by Franchisee in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Processing or Disposing of such Discarded Materials.

1.95 “Transport” or “Transportation” means the act of transferring the materials Collected by Contractor in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials.

1.96 "Waste Generator" or “Generator” means any Person whose act or process produces Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

1.97 “Working Days” means days on which the Franchisee is required to provide regularly scheduled Collection services under this Agreement.

ARTICLE 2.

REPRESENTATIONS AND WARRANTIES OF THE FRANCHISEE

2.1 Corporate Status
Franchisee is a corporation duly organized, validly existing and in good standing under thelaws of the State of California. It is qualified to transact business in the State of California and has the corporate power to own its properties and to carry on its business as now ownedand operated and as required by this Agreement.

2.2 Corporate Authorization
Franchisee has the authority to enter into and perform its obligations under this Agreement.

The Board of Directors of Franchisee (or shareholders if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the Deleted: means all putrescible and non-putrescible
residential refuse, commercial solid waste, institutional solid waste, garbage, recyclable material, yard waste, and rubbish, and as otherwise defined in Public Resources
Code 640191. Solid waste which is not required to be
collected includes:¶
<#>Demolition and construction debris which are not
offered by persons performing the work and which may be legally collected and disposed of by some alternate means;¶ <#>¶
<#>Recyclable materials separated from solid waste by
the waste generator and for which waste generator sells or is otherwise compensated by a collector in a manner
resulting in a net payment to the Waste generator;¶
<#>¶
<#>Recyclable materials separated from solid waste by
the waste generator and which the waste generator donates to a charitable organization such as the Boy Scouts;¶
<#>¶
<#>Materials removed by householders or occupants and
transported by them to disposal facilities or recycling centers;¶
<#>¶
Residential recyclable materials source separated by the waste generator for the purposes of scheduled collection with the recyclable materials collection Franchisee.¶
<#>¶
Deleted: <#>¶
Deleted: ¶
Deleted: means any person as defined by the Public
Resources Code, whose act or process produced solid
waste as defined in the Public Resources Code, or whose act first causes solid waste to become subject to
regulation.¶
Deleted: ¶ ...

Commented [PT3]: Nake sure all formatting is correct

Franchise Agreement – Solid Waste
12 execution of this Agreement. The persons signing this Agreement on behalf of Franchisee have authority to do so.

2.3 Compliance with Laws and Regulations
Franchisee shall comply with all existing and future City, County, other local agencies, State,and Federal laws and regulations with particular note of SB 1383, Article X of the City Charter and Chapters 8.04 of the City Municipal Code.

2.4 Financial Representation
Franchisee represents that it has the financial ability to full perform its obligations as set forthin this Agreement.

2.5 Absence of Litigation
Franchisee represents that there are no suits or threatened suits which would impair the financial or legal ability of Franchisee to perform its obligations under this Agreement and that the entering into this Agreement by Franchisee will not in any was constitute a breach of any other agreement entered into by Franchisee with other parties or constitute a violation of any law.

Deleted: and 8.05

Franchise Agreement – Solid Waste
13 ARTICLE 3.

TERM OF AGREEMENT

3.1 Effective Date
The effective date of this Agreement shall be June____, 2022 ("Effective Date").

3.2 Term
The term of this Agreement shall commence at 12:01 a.m. on the Effective Date, June _______, 2022 and expire at midnight, August 20, 2025, subject to extension as provided in paragraph 3.3 (Option to Extend).

The City Council may elect to renew this franchise at any time during the three year period prior to the end of the franchise.

3.3 Option to Extend
The City, by written authorization of the City Manager, shall have the sole option to extend this Agreement up to 36 months in periods of atleast twelve (12) months each. If City elects to exercise this option, it shall give written notice not later than ninety (90) days prior to the initial termination date, or, if one extension has been exercised, ninety (90) days prior to the extended termination date.

3.4 Conditions to Effectiveness of Amendment
The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by the City, inits sole direction.
(1) Accuracy of Representations. The representations and warranties made by Franchisee in Article 2 of this Agreement are true and correct on and as of the effective date of this Agreement.
(2) Furnishing of Insurance and Bonds. Franchisee has furnished evidence of the insurance and bonds required by Article 10, Indemnification, insurance and Bond. (3) Effectiveness of City Council Action. The City's Ordinance No. ____, approving this Agreement, shall have become effective pursuant to California law on or prior to the effective date of this Agreement.

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numbering
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Deleted: 1551

14 ARTICLE 4.

SCOPE OF AGREEMENT

4.1 Grant and Acceptance of Exclusive Franchise for Solid Waste Collection and Disposal Subject to paragraphs 3.4 (Conditions to Effectiveness of Agreement) and 4.2 (Limitations to Scope), this Agreement grants the Franchisee the exclusive right to arrange for the Collection, Processing, Diversion, and Disposal of Solid Waste from Residential and Commercial properties placed in the Designated Collection Location for regular or scheduled Collection in accordance with the City’s Municipal Code and this Agreement, except where otherwise precluded by Applicable Law. Franchisee accepts the grant of the Franchise under the terms and conditions as set forth in this Agreement. Franchisee agrees to perform and be bound by each of the conditions proposed in the grant and by procedural ordinance and the requirements of Acceptance on file with the City Clerk’s office (Article X of the City Charter, Section 1006, Duties of Grantee).

4.2 Limitations to Scope
This Agreement for the Collection, Processing, Diversion, and Disposal of Solid Waste from Residential and Commercial properties shall be exclusive except as to the following categories of Discarded Materials, which the Franchisee may, but shall not be obligated to Collect, Transfer, Process, Divert or Dispose of. Discarded Materials which are not required to be Collected include:

A. Construction and Demolition Debris which is not offered by Persons performing the work and which may be legally Collected and Disposed of by some alternate means; B. Solid Waste Self-Hauled by Generators to Disposal Facilities.; C. To the extent allowable by Applicable Law, all Recyclable Materials whether

1. Source Separated by the Generator for the purpose of placing for scheduled Collection with the Recycling Collection franchisee; or

2. Source Separated from Solid Waste by the Generator and which the Generator either donates to a charitable organization, or sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Generator; or,

3. Source Separated at any Premises and transported by the Owner or Occupant of such Premises (or by their full-time employees) to a Processing Facility.

D. All Organic Materials whether

1. Source Separated by the Generator for the purpose of placing for scheduled Collection with the Organic Materials Collection franchisee; or

2. Source Separated from other Discarded Materials by the Generator and which the Generator either donates to a charitable organization, or sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Generator; or

3. Source Separated at any Premises and transported by the Owner or Occupant of such Premises (or by their full-time employees) to a Processing Facility; or,

4. Green Waste removed from a Premises by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service.

5. Franchisee shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of Food Recovery efforts in the City.

E. Animal waste and remains from slaughterhouse or butcher shops.

F. By-products of sewage treatment, including sludge, sludge ash, grit and screening.

G. Excluded Waste, Hazardous Waste, liquid waste and medical waste.

Deleted: .

Deleted: collection, processing, diversion…ollection,
...

Deleted: collection, processing, diversion…ollection,
...

Deleted: lawApplicable Law, all residential recyclable...

Deleted: source separatedSource Separated by the
...

Deleted: separated from solid waste by the
waste generator and which the waste
Deleted: waste generator
Deleted: separatedSource Separated at any
...

Deleted: ¶
<#>All green waste material whether¶
<#>. source separated by the waste generator
for the purpose of placing for scheduled
collection with the green waste collection
franchisee, or¶
<#>separated from solid waste by the waste
generator and which the waste generator either
donates to a charitable organization, or sells or is
otherwise compensated by a collector in a manner
resulting in a net payment to the waste generator;
or¶
<#>separated at any premises and transported by
the owner or occupant of such premises (or by his
or her full-time employees) to a processing
facility.¶ ...

Deleted: ¶
Deleted: ;
Deleted: ¶ ...

Deleted: ¶ ...

15 Franchisee acknowledges and agrees that City may permit other Persons besides Franchisee to Collect any or all types of the Discarded Materials listed in paragraph 4.2 without seeking or obtaining approval of Franchisee under this Agreement.

This grant to Franchisee of an exclusive Franchise, right and privilege to Collect, Transfer, Process, Divert, and Dispose of Solid Waste shall be interpreted to be consistent with State and Federal laws, now and during the Term of this Franchise Agreement· and the scope of this exclusive Franchise shall be limited by current and developing State and Federal laws with regard to Solid Waste handling, exclusive Franchise, Solid Waste flow control, and related doctrines.

In the event that future interpretations of current Applicable Law, enactment or developing legal trends limit the ability of the City to lawfully provide for the scope of Franchise services as specifically set forth herein, Franchisee agrees that the scope of the Franchise will be limited to those services which may be lawfully provided for under this Agreement.

Further, the Franchisee agrees that the City shall not be responsible for any lost profits or damages claimed by the Franchisee to arise out of further limitations of the scope of the Agreement set forth herein. It shall be the responsibility of Franchisee to minimize the financial impact to other services being provided.

4.3 Administration of Franchise
The City Manager shall administer the City's solid waste franchise and the City's Utility Director shall supervise Franchisee's compliance with the Agreement's terms and conditions.

4.4 Serve Without Interruption _
Franchisee shall continue to collect and dispose of solid waste throughout the term of itsfranchise without interruption.

4.5 Permits and Licenses
Franchisee shall procure all permits and licenses, pay all charges and fees, and give allnotices as necessary.

4.6 Preservation of City Property
Franchisee shall pay to the City, on demand, the cost of all repairs to public property made necessary by any of the operations of Franchisee under this Agreement.

4.7 Franchisee as Arranger
The City and Franchisee mutually agree that the City's granting of this franchise shall not be construed as the City "arranging for" the collection and disposal of solid waste or recyclables within the meaning of CERCLA. The parties further mutually agree that the granting of the Franchise by City shall be construed as an action whereby the Franchisee is granted, and accepts the rights, responsibilities, benefits and liabilities of collection and disposal of solid waste.

Commencing on the effective date of this Agreement and, to the extent that Franchisee's performance under this Agreement requires the collection and disposal of solid waste, and may be construed as "arranging for" collection and disposal of solid waste withinthe meaning of CERCLA, such actions shall be the sole responsibility of Franchisee and Franchisee expressly agrees to be solely responsible for all such actions.

4.8 Use of City Streets
Such grant of franchise shall give Franchisee the right and privilege to operate solid waste Deleted: city
Deleted: persons
Deleted: collect
Deleted: solid waste
Deleted: collect, transfer, process, divert
Deleted: dispose
Deleted: state
Deleted: federal
Deleted: term
Deleted: ,
Deleted: franchise
Deleted: state
Deleted: federal
Deleted: solid waste
Deleted: franchise, solid waste
Deleted: law

16 collection vehicles and equipment on such streets, public ways, rights-of-way, or easementsof the City.

4.9 Annexation
The Franchisee shall automatically extend all services herein described to any area annexed to the City, except that the City may permit a firm franchised by the County of San Luis · Obispo before the annexation to continue serving the area for a period not to exceed five (5)years.

4.10 Ownership of Solid Waste
Once solid waste is placed in containers and properly presented for collection, ownership andthe right to possession shall transfer directly from the waste generator to Franchisee by operation of this Agreement. Franchisee is hereby granted the right to retain, process, divert,dispose of, and otherwise use such solid waste, or any part thereof, in any lawful fashion or for any lawful purposed desired by franchisee.

Subject to this Agreement, Franchisee shall have the right to retain any benefit resulting fromits right to retain, process, divert, dispose of, or use the solid waste which it collects. Arty cost savings resulting from decreased disposal shall off-set Franchisee's operating expenses in accordance with the "City of San Luis Obispo Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates".

Solid waste, or any part thereof, which is disposed of at a disposal site or facility (whether landfill, transformation facility, transfer station, or materials recovery facility shall becomethe property of the Owner or operator of the disposal site(s) or facility once deposited there by Franchisee.

The City may obtain ownership or possession of solid waste placed for collection upon written notice of its intent to do so. However, nothing in this Agreement shall be construedas giving rise to any inference that the City has such ownership or possession unless such written notice has been given to Franchisee.

17 ARTICLE 5.

DIRECT SERVICES

5.1 General
The work to be done by the Franchisee pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items and tasks necessary to perform the services required.

It is mandatory that the work to be done by Franchisee pursuant to this Agreement shall be accomplished in a thorough and professional manner so that all occupied developed properties within the City are provided reliable, courteous, prompt and high-quality services for collection of solid waste. All collection activities shall be conducted in such a manner that public and private property will not be damaged. Franchisee shall replace containers and covers in designated collection locations and shall not place them in the street or on adjoining property.

The City reserves the right to revise its laws and regulations pertaining to solid waste collection and disposal in order to protect public health, safety and welfare. The Franchise Agreement is subject to any such future revisions of the City's laws and regulations, and Franchisee agrees to comply with any such changes in said laws and regulations as if incorporated into the Agreement.

5.2 Three- Container Collection System
Franchisee shall provide Solid Waste Collection as part of the City’s three-Container Collection program for the separate Collection of Source Separated Recyclable Materials, Source Separated Organic Materials, and Solid Waste, in accordance with the applicable Franchise Agreement(s) for each Discarded Material type. Franchisee shall ensure that the Solid Waste services provided under this Agreement are at all times performed in accordance with Applicable Law, and operationally align with the Collection of Organic Materials and Recyclable Materials in order to operate a successful three-Container Collection system.

Franchisee shall provide Containers to Customers for Collection of Solid Waste and shall provide Solid Waste Collection service in accordance with this Section. Franchisee shall Transport the Solid Waste to a Designated Disposal Facility. Franchisee may allow carpets and textiles to be placed in the Solid Waste Containers. Prohibited Container Contaminants shall not be Collected in Solid Waste Containers. The Containers shall comply with the requirements of Section 6.1.3.

5.3 Collection Service

5.3.1 Single-Family Residential Solid Waste Collection Service For Single-Family Customers, Franchisee shall Collect Solid Waste placed in Franchiseeprovided Containers at the curbside at a minimum of once a week, Monday through Friday, except as specified below. The Franchisee-provided Solid Waste Containers shall comply with the requirements of Section 6.1.3 of this Agreement. Franchisee shall Transport all Solid Waste Collected to a Designated Disposal Facility. The Franchisee will notify Solid Waste Customers of Holiday Collection schedules.

Single-Family Customers with a disability shall have the option of placing their Containers near their dwelling, visible and within reasonable distance from the curb, and without obstacles (i.e. uneven surfaces, steep inclines/declines, behind Deleted:

Deleted: residential customers
Deleted: collect solid waste
Deleted: The Franchisee will notify solid waste
customers of holiday collection…
Deleted: Handicapped residents
Deleted: containers

18 gates) that cause a safety concern. The Franchisee will Collect their Containers at this location and return Container to same location. Franchisee will notify residents annually, beginning within thirty (30) days of execution of this Agreement, of this Collection option. To be eligible for this Collection option, residents must present proof of their disability to the Franchisee. SL Garbage agreed upon change – duplicated.

5.3.2 Multi-Family Solid Waste Collection Service
Franchisee shall Collect Solid Waste from all Multi-Family Dwelling Units within the City, using Franchisee- provided Containers, not less than once per week. The Solid Waste Containers shall comply with the requirements of Section 6.1.3 of this Agreement. Franchisee shall Transport all Solid Waste Collected to a Designated Disposal Facility.

The Franchisee and each Customer shall agree on the Designated Collection Location. Special consideration shall be given when determining the Designated Collection Location for MultiFamily accounts to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. The Designated Collection Location, if disputed by Customeror Franchisee, shall be determined by the City.

5.3.3 Commercial Solid Waste Collection Services
Franchisee shall Collect Solid Waste from all Commercial, industrial and institutional properties within the City, using Containers of a size and shape acceptable to Franchisee, not less than once per week. The Solid Waste Containers shall comply with the requirements of Section 6.1.3 of this Agreement. Franchisee shall Transport all Solid Waste Collected to a Designated Disposal Facility
The Franchisee and each Customer shall agree on the Designated Collection Location. Special consideration shall be given when determining the Designated Collection Location for Commercial accounts to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. The Designated Collection Location, if disputed by Customer or Franchisee, shall be determined by the City.

Additionally, if in the City’s opinion, the location of an existing Collection location for particular Multi-Family Dwelling Unit or Commercial, industrial or institutional property is inappropriate, the City may direct the Customer or Franchisee to relocate the Collection location. If a Customer refuses to comply with said directive, Franchisee shall decline to Collect Solid Waste from said mis-located Containers.

5.4 Public Facilities Collection
When requested by the City, the Franchisee shall Collect and Dispose of all Solid Waste generated at Premises owned and/or operated by the City. Franchisee shall Collect Solid Waste from City Containers and Collection locations, not less than once per week, Monday through Friday or on Saturdays following non-working Holidays. Collections shall be scheduled at a time mutually agreed upon by Franchisee and the Waste Generator.

Franchisee shall provide, at City’s direction, additional Solid Waste Collection and Disposal and consulting services including:

A. Collection of Solid Waste from all sidewalk litter containers; B. Collection of Solid Waste from City-sponsored special events as specified by the City; Deleted: tThe Franchisee will collect…ollect their
...

Deleted: <#>Other Solid Waste Collection Service¶
For Single-Family Customers, Franchisee shall
Collect Solid Waste placed in Franchisee-provided
Containers at the curbside at a minimum of once a
week, Monday through Friday, except as specified
below. The Franchisee-provided Solid Waste
Containers shall comply with the requirements of
Section 6.1.3 of this Agreement. Franchisee shall
Transport all Solid Waste Collected to a Designated
Disposal Facility. The Franchisee will notify Solid
Waste Customers of Holiday Collection schedules.¶
Single-Family Customers with a disability shall have
the option of placing their Containers near their
dwelling, visible from the curb, and the Franchisee
will Collect their Containers at this location and return Container to same location. Franchisee will notify
residents annually, beginning within thirty (30) days
of execution of this Agreement, of this Collection
option. To be eligible for this Collection option,
residents must present proof of their disability to the Franchisee.¶ ...

Deleted: collectCollect Solid Waste from all Multi- ...

Deleted: customerCustomer shall agree on the
...

Deleted: , Industrial and Institutional…Solid Waste
...

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...

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...

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...

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...

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19 C. Collection of Solid Waste from containers in City parks as mutually agreed upon by the Franchisee and the City;
D. Review of plans for land use or property developments with regard to Solid Waste service issues; and
E. Residual Solid Waste remaining from temporary household hazardous waste Collection events.”

5.5 Missed Pickups
Upon notification, Franchisee shall collect any missed pickup which had been properly and timely placed for collection within 24 hours of said notice.

5.6 Bulky Waste Collection
Franchisee shall make special Bulky Waste Collection arrangements with Generators within seven (7) days after Generators’ written or verbal request for the Collection of Bulky Waste for a fee established by the City and updated by resolution when the City adjusts rates. Any single Bulky Waste item is not to exceed 200 pounds.

Franchisee shall Collect Green Waste separately from other Bulky Items placed for Collection and shall handle such acceptable material as Organic Waste in accordance with SB 1383 regulations and the Franchise Agreement between the City and Franchisee for Organic Materials Collection, as amended.

5.7 Semi-Annual Clean-up Weeks
At least twice per year throughout the Term of this Agreement, Franchisee shall provide, in addition to regularly scheduled service, two clean-up events pursuant to guidelines established by the Franchisee and approved by the City, for Solid Waste placed at the curb by Single-Family Dwelling Units and at pre-arranged locations for Multi-Family Residential properties in addition to each Customer’s normal Collection service. The dates for each event shall be proposed by Franchisee and approved by the City prior to September 1st of each year.

Franchisee shall Collect Green Waste separately from other materials and shall Process such material as Organic Waste in accordance with SB 1383 regulations and the Franchise Agreement between the City and Franchisee for Organic Materials Collection, as amended.

Franchisee shall record by class and weight (in Tons) the Solid Waste, Bulky Items, white goods, etc., Collected during the clean-up events. Franchisee shall record the kinds and weights (in Tons) of Solid Waste Diverted during these clean-ups from the landfill through Recycling, Composting, reuse, or other means of Diversion.

5.8 City Right to Request Changes

5.8.1 General
City may request Franchisee to perform additional services (including new diversion programs, billing services, etc.) or modify the manner in which it performs existing services.Pilot programs and innovative services which may entail new Collection methods, different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may request. Franchisee shall present, within 30 days of a request to do so by City, a proposal to provide additional or expanded diversion services . pursuant to the terms of Section 5.9. Franchisee shall be entitled to an adjustment in its compensation in accordance with Section 9.4, for providing such additional or modified services.

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20 5.9 New Programs
Franchisee shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded services. The proposal shall contain a complete description of the following:

A. Collection methodology to be employed (equipment, workforce , etc.) B. Equipment to be utilized (vehicle number, types, capacity, age, etc.).

C. Labor requirements (number of employees by classification).

D. Type of Containers to be utilized.

E. Provision for program publicity/education/marketing.

F. A projection of the financial results of the program’s operations for the remaining Term of the Agreement in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support forthose assumptions.

G. Facility to be utilized.

5.10 City's Right to Acquire Services
Franchisee acknowledges and agrees that City may permit other Persons besides Franchisee to provide additional services not otherwise contemplated under Section 5.8 (City's Right to Request Changes). If pursuant to Section 5.8.2 (New Programs), Franchisee and City cannot agree on terms and conditions of such services in ninety (90) days from the date when City first requests a proposal from franchisee to perform .such services, Franchisee acknowledges and agrees that City may permit Persons other than Franchisee to provide such services.

5.11 Report of Accumulation of Solid Waste; Unauthorized Dumping Franchisee shall direct its drivers to note the addresses of any premises at which they observe that solid waste is accumulating and is not being delivered for collection; and the address, or other location description, at which solid waste has been dumped in an unauthorized manner.

Franchisee shall report the address or description to the City within twenty-four (24) hours of such observation.

5.12 City Directed Removal of Solid Waste
Franchisee shall arrange for the removal of all accumulated solid waste and recyclables on any developed or vacant property in the City as directed by the City Utilities Director. The Franchisee shall make a good faith effort to recover the cost of disposal from the waste generator, and the costs of this effort, as well as the cost of disposal shall be chargeable to thewaste generator. The Franchisee shall be entitled to include the costs incurred and not collected under this Section as an operating expense for purposes of rate setting.

5.13 Processing of Solid Waste
The City reserves the right, prior to Disposal, to direct portions of the waste stream Collected under this Agreement, to a designated Processing Facility for separation and Processing of any Recyclable Materials, Reusable Materials, or Organic Waste contained therein. City shall provide Franchisee with reasonable prior written notice concerning any change of service location.

5.14 Designated Disposal Facility
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21 A. General. Franchisee shall Transport all Solid Waste Collected within the City and not separated for Recycling to a Designated Disposal Facility .for Disposal in accordance with Applicable Law and this Agreement.

B. Compliance with Regulatory Requirements and Applicable Law. The Franchisee is required to notify the City if one of Designated Disposal Facilities has their permit to accept Solid Waste revoked by the regulatory agency. Upon request, Franchisee shall provide copies of Facility permits, approvals, and/or notices of violations (obtained from the Designated Disposal Facility operator if necessary) to the City.

C. Capacity. Franchisee has secured sufficient Disposal Facility capacity commitment including landfill Disposal site capacity commitment, to adequately serve the reasonably anticipated Solid Waste Disposal needs of the City and its Customers during the Term of this Agreement, including any extensions provided for herein. City reserves the right to review said Disposal capacity commitments. Prior to entering into any capacity commitment, Franchisee shall give prior written notice to the City concerning negotiations.

D. Alternative Facility(ies). If Franchisee receives notice from the landfill operator or otherwise expects, during the Term of this Agreement, to be prevented from delivering Solid Waste to a Designated Disposal Facility, Franchisee shall immediately notify in writing the City’s Utilities Director, stating the reason(s) Franchisee is prevented, or expects to be prevented, from Disposing of Solid Waste in a Designated Disposal Facility. Franchisee shall in good faith expeditiously identify and evaluate alternative Disposal Facilities. An alternative Disposal Facility(ies) shall be arranged for and secured by Franchisee, after consultation with the City’s Utilities Director.

Franchisee shall provide City with adequate written notice prior to contracting for any alternate Disposal Facility.

In addition, the City reserves the right to direct the Solid Waste stream to any Disposal Facility or site. Absent such direction by the City, nothing contained herein shall be construed to mean that the City has arranged for site selection or waste Disposal.

Section 12.5, “Excuse From Performance”, does not relieve Franchisee from the good faith obligation to find and secure alternate Disposal Facilities. Absent a Section 12.5 event, Franchisee shall be responsible for any increased costs, including Transportation, with respect to the alternate Disposal Facility.

5.15 Hazardous Waste Handling and Disposal
If the Franchisee determine that solid waste placed in any container for collection is a Hazardous Waste or Medical Waste, or other solid waste that may not be legally disposed of at the designated disposal site or presents a hazard to the Franchisee's employees, the Franchisee shall have the right to refuse to accept such solid waste. The Franchisee will contact the waste generator and request that the waste generator arrange for proper disposal.

If the Waste Generator cannot be reached immediately, the Franchisee shall, prior to leaving the premises, leave a tag at least two inches by six inches indicating the reason for refusing tocollect the solid waste, in which case, a copy of the tag, along with the address of the premises (and the name of the waste generator, if known) shall be delivered to the City on thefollowing business day.

If the Hazardous waste or medical waste or other unauthorized waste is collected before its presence is detected by Franchisee, and if the waste generator cannot be identified or fails to remove Deleted: arrange with the operator of a disposal site
situated outside the city limits for disposal of solid
waste collected Transport all Solid Waste Collected ...

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22 the solid waste after being requested to do so, the Franchisee shall arrange for its legal disposal.

The Franchisee shall make a good faith effort to recover the cost of disposalof such waste from the waste generator, and the costs of this effort, as well as the cost of disposal shall be chargeable to the waste generator. Provided the failure to detect the hazardous waste, medical wastes or other unauthorized wastes prior to collection and/or their delivery to the designated disposal site is not due to the negligence of the Franchisee or its employees or due to failure of the Franchisee to have an adequate in place inspection program, the Franchisee shall be entitled to include the costs incurred under this paragraph as an operating expense for purposes of rate setting.

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23 ARTICLE 6.

COLLECTION SERVICE STANDARDS

6.1 Operations

6.1.1 Schedules
To preserve peace and quiet, solid waste shall not be collected within two-hundred (200) feet of residential premises between 6:30 p.m. and 6:30 a.m. on any day, Monday through Friday.

When the regularly scheduled collection day falls on a holiday, collection shall take place on the following regularly scheduled collection day. Franchisee will promptly resolve any complaints of noise to the satisfaction of the City Manager or the City Manager's designee. In the event the Franchisee misses the Collection of set out of Solid Waste Materials, the Franchisee shall collect the missed pickups with one (1) Business Day of notification.

6.1.2 Vehicles
A. General. Franchisee shall keep a fleet of collection trucks sufficient in number and capacity to efficiently perform the work required in the Agreement in strict accordance with the terms of this Agreement. Franchisee shall provide a detailed description concerning the number and type of vehicles necessary for performance.

Franchisee shall have available on collection days sufficient back-up vehicles for eachtype of collection vehicle (i.e., rear loader, front loader, and roll-off) used to respond to complaints and emergencies. The fleet shall be maintained according to the requirements of Municipal Code 8.04.030.

B. Specifications. All vehicles used by Franchisee in providing Solid Waste collection services shall comply with all federal, state, and local requirements for such vehicles as they now exist or may be amended in the future; and be registered with the California Department of Motor Vehicles. All such vehicles shall have water-tight bodies designed to prevent leakage, spillage, or overflow. All such vehicles shall comply with U.S. Environmental Protection Agency noise emission regulations and other applicable noise control regulations.

C. Condition.
1) Franchisee shall maintain all of its properties, facilities, and equipment used inproviding service under this Agreement in a safe, neat, clean and operable condition at all times.

Franchisee shall inspect each vehicle daily to ensure that all equipment is operating properly.

Vehicles which are not operating properly and represent asafety hazard shall be taken out of service until they are repaired and do operate properly and safely. Franchisee shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Franchisee shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to City upon request.
2)
3) Franchisee shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Franchisee shall maintain accurate records of repair, which shall include the date/mileage, nature of repair and the signature of a maintenance Deleted: s
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24 supervisor that the repair has been properly performed.

D. Vehicle Identification. Each truck shall display in a prominent place a sign as required in Municipal Code 8.04.090.

E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Franchisee shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local vehicle weight restrictions.

F. Renewable Natural Gas (RNG) Vehicles Under this Agreement Franchisee shall make a best effort for all Collection Vehicles to be powered by SB 1383 RNG generated by a local facility or powered by SB 1383 RNG that is purchased through a wheeling agreement with a party(ies), provided that the wheeling agreement is for purchase of gas derived from Organic Waste that has been Diverted from a Landfill and Processed at an in-vessel digestion Facility that is permitted or otherwise authorized by Title 14 of CCR to recover Organic Waste and meets the requirements of 14 CCR Section 18993.1(h). Upon the City’s request, Franchisee shall obtain and provide the City with a written certification by an authorized representative of the publicly-owned treatment works or the wheeling agreement under which Franchisee purchased SB 1383 RNG certifying that the in-vessel digestion Facility produces the SB 1383 RNG consistent with the requirements of 14 CCR Section 18993.1(h).

Franchisee shall maintain records of the amount of SB 1383 RNG purchased and shall report this information in accordance with Section 7. Franchisee shall agree to the City the right to report this SB 1383 RNG usage toward the City’s fulfilment of its annual recovered Organic Waste product procurement target in accordance with 14 CCR Section 18993.1.

6.1.3 Containers
A. General.

1. Franchisee shall supply all Customers with Solid Waste Containers for Collection of Solid Waste, in accordance with this Section. Franchisee shall use the Franchisee-provided Collection Containers that are currently located at Customers’ Premises, if applicable. If Customer is currently utilizing Collection Containers that were not provided by the Franchisee, Franchisee shall provide Containers from current inventory.

2. Franchisee shall provide Customers (including Single-Family, Multi-Family, Commercial, and City facility Customers) with new Collection Containers as requested by the Customer to meet its desired Service Level within five (5) Working Days of Franchisee’s first receipt of the Customer request.

3. On and after the Effective Date, any new Containers provided by the Franchisee shall comply with the Container standards set forth in this Section. All Containers shall display the Franchisee’s name, logo, telephone number, website, capacity (yards or gallons), and some identifying inventory or serial number.

4. If an existing Container breaks or is otherwise rendered non-functional on or after Effective Date the Franchisee shall replace the non-functional Container with a Container that complies with the color requirements of this Section. Notwithstanding this Section, the Franchisee is Deleted: Residential
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25 not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

B. Container Types and Sizes

1. Single-Family Solid Waste Containers. Franchisee shall supply each Single-Family Dwelling Unit with a Solid Waste Container in a size consistent with the City-approved Solid Waste Collection program.

2. Multi-Family Solid Waste Containers. Franchisee shall supply each Multi-Family complex with the appropriate number and type of Container to adequately service the needs of the complex. Franchisee agrees to provide additional appropriate Containers, as required.

3. Commercial Solid Waste Containers. Franchisee shall furnish to all Commercial Customers appropriate Containers to Collect Solid Waste at Commercial Premises.

Containers with a capacity of one (1) cubic yard or more shall be available in standard sizes.

The kind, size, and number of Containers furnished to particular Customers shall be as determined mutually by the Customer and Franchisee. Containers which are front loading Bins shall have lids.

4. Other Solid Waste Containers. Franchisee shall not be obligated to provide Customers with Compactor units but will be obligated to charge the rates set by the City for the Collection of compacted Solid Waste.

C. Container Colors. Solid Waste Cart lids shall be black/grey. Solid Waste Bin, Compactor, and franchise Roll-Off lids or bodies shall be black/grey. No later than December 31, 2035, Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law.

D. Container Labels

1. Labels on Existing Containers or Lids. Franchisee shall ensure a label on the body or lid of each Container has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container. Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container.

2. Imprinted or In-Mold Labels for New Containers or New Lids. On or before Effective Date, Franchisee shall imprint new Container bodies or lids with text or graphic images that indicate the primary materials accepted and the primary materials prohibited in that Container. Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container. Prior to ordering any Containers or lids with in-mold labels, Franchisee shall submit a sample of its proposed label, proposed location(s) for placement of labels on each type of Container, and its labeling plan to the City for approval.

E. All Containers with a capacity of one cubic yard or more shall meet applicable regulations for Solid Waste Bin safety and shall be maintained in good repair with neatly and uniformly painted surfaces and shall prominently display the name and telephone number of Franchisee. Additionally, one cubic yard or more Bins in public right-a-ways shall have reflectorized markings. Bins shall be clearly marked and identified as belonging to Franchisee.

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from time to time Containers may be stolen from the
curb or damaged due to normal use. When¶
notified of such occurrence, Franchisee shall replace
the Container, at no charge to the customer pursuant
to the guidelines established by the Franchisee and
approved by the City. The container replacement
guidelines are presented in Appendix II of this
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