Agenda packet — San Luis Obispo City Council, April 2, 2024 (part 4 of 5)

Item 6m

ALTERNATIVES

1. Deny the use of Undesignated Capital (Completed Projects). Staff does not recommend this option because critical services related to emergency maintenance have been delivered and require payment.

2. Instruct staff to use budget from other programs or budgets. Staff does not recommend this option because it would result in underfunding other critical services.

ATTACHMENTS
A - Draft Resolution approving funding to support Water Resource Recovery Facility Emergency Maintenance

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R ______
RESOLUTION NO. _____ (2024 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, AUTHORIZING USE OF SEWER FUND

UNDESIGNATED CAPITAL TO SUPPORT WATER RESOURCE

RECOVERY FACILITY (WRRF) EMERGENCY MAINTENANCE
WHEREAS, the City Council adopted policies and procedures related to the management of completed CIP projects (Resolution 8324); and WHEREAS, in accordance Municipal Code Section 3.24.060 purchasing policies may be dispensed for WRRF Emergency Maintenance Purchases for emergency solids processing and mercury remediation; and
WHEREAS, on January 23, 2024, Council received a presentation on the status of the WRRF upgrade (2091219) and related solids processing complications; and WHEREAS, on February 6, 2024, Council received a Fiscal 2023-24 Mid-year Budget Review, whereby staff forecasted the need for additional budget for emergency solids processing and mercury remediation for WRRF Emergency Maintenance (2000607-10); and
WHEREAS, the City Council acknowledges the necessity of authorizing additional budget for the continued operations of the WRRF.

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Resolution No. _____ (2024 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the 2023-24 budget is hereby amended to reallocate $1,498,364 from Sewer Fund Undesignated Capital (Completed Projects) to WRRF Emergency Maintenance (2000607-10) to ensure the continued and effective operation of the facility.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of __________ 2024. ___________________________
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

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Item 6n
Department: Community Development
Cost Center: 4008
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: NA
FROM: Timmi Tway, Community Development Director
Prepared By: Teresa McClish, Housing Policy and Programs Manager SUBJECT: AUTHORIZE APPLICATION FOR PROHOUSING INCENTIVE PROGRAM FUNDS

RECOMMENDATION
Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the state Prohousing Incentive Program,” authorizing the City Manager, or Community Development Director as designee, to:

1. Submit a Prohousing Incentive Program Application to the California Department of Housing and Community Development; and

2. If the application is approved by HCD, execute all documents necessary or appropriate to participate in the Prohousing Incentive Program.

POLICY CONTEXT
The 2023-2025 Financial Plan Major City Goal for Housing and Homelessness is to:

Support the expansion of housing options for all, and continue to facilitate the production of housing, including the necessary supporting infrastructure, with an emphasis on affordable and workforce housing as well as accessibly connected development. Collaborate with local non-profit partners, nongovernmental agencies, the county, the state, and federal governments to advocate for increased funding and implementation of comprehensive and effective strategies to prevent and reduce homelessness.

The Prohousing Incentive Program (PIP) provides funding to facilitate below-market-rate housing in advancement of this goal. The PIP is also consistent with the City’s policies established in the City’s General Plan Housing Element, including:

Program 6.17. Financially assist in the development of 20 housing units per year that are affordable to extremely low, very-low, low- and moderate income households during the planning period using State, Federal, and local funding sources, with funding priority given to projects that result in the maximum housing benefits for the lowest household income levels.

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Item 6n
Program 8.20. Actively seek and collaborate with non-profit housing providers to (jointly) apply for two revenue sources each year during the planning period for State, Federal, and local funding sources to financially assist with the development of housing for persons with developmental disabilities.

DISCUSSION
Background
The California Prohousing Designation Program (PDP) was established in accordance with Assembly Bill 101 and is administered by the California Department of Housing and Community Development (HCD). The PDP creates incentives for jurisdictions that are compliant with housing laws, housing element requirements, and have enacted Prohousing local policies that go beyond existing law.

On February 1, 2024, the City was designated a Prohousing Jurisdiction under the Prohousing Designation Program by HCD. This designation allows a competitive advantage for critical affordable housing and infrastructure grant programs. It also provides eligibility for California’s Prohousing Incentive Program (PIP) for use towards planning and implementation activities related to housing and community development.

The Program is funded through Chapter 364, Statutes of 2017, Senate Bill 2 which established the Building Homes and Jobs Trust Fund. The Fund utilizes real estate transaction fees collected at a county level in all counties, at the time of recording documents for every real estate instrument, to establish a permanent source of funding.

Five percent of annual collections are deposited in a fund to be used for an incentive program. The PIP awards funding based on the Eligible Applicant’s Prohousing Designation Program Score1 and according to geographic area. Based on the funding formula, the City is eligible to apply for up to $750,000 and the final award amount will be decided as part of the competitive application.

A Notice of Funding Availability (NOFA) Round 2 – Prohousing Incentive Program was issued by HCD on January 23, 2024. Staff is seeking City Council authorization at this time, though the application was submitted prior to the NOFA Round 2 deadline of March 15, 2024. HCD has issued an extension to April 15, 2024, to submit an authorizing resolution. Staff has determined that the application requires a new City Council authorizing resolution in addition to the Prohousing Designation, and the PIP application will be rescinded if not authorized by City Council2. Eligible uses for PIP funds include a variety of activities, such as the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, and rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households3.

1 As codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). 2 HCD staff has indicated application submittal may be made with a City Council authorizing Resolution placed on an upcoming agenda.
3 Eligible Applicants must use award funds towards planning or implementation activities related to housing and community development limited to activities that conform with eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D).

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Item 6n
The City is applying to place funds into the City’s Affordable Housing Fund to use for eligible below market rate housing projects as determined by City Council, and as previously prioritized by Resolution No. 11468 (2024 Series), including Transitions Mental Health Association’s (TMHA) Palm Street Studios that would involve the acquisition and rehabilitation of a structure to convert to offices and up to twelve (12) supportive housing apartments. The project is utilizing funding from the No Place Like Home grant and the San Luis Obispo’s Housing NOW program that THMA launched in 2014 with the Housing Authority of San Luis Obispo (HASLO) to identify the 50 most vulnerable homeless individuals in the County and place them in permanent housing and provide them with behavioral health treatment and services. The property will be deedrestricted affordable for a minimum of 55 years, and available to TMHA clients who are within the extremely low, very-low, or low income categories. Other identified eligible projects that could be funded with PIP grant funding placed in the City’s Affordable housing Fund may include Smartshare Housing’s Waterman project on Dana Street that proposes twenty (20) small home structures for very low income eligible individuals or families and preserves the Rosa Butron Adobe; or HASLO’s Monterey Crossing project that includes fifty-six (56) affordable senior housing units.

Previous Council or Advisory Body Action
On June 20, 2023, the City Council approved Resolution No. 11432 (2023 Series) authorizing submittal of an application for a California Prohousing Designation.

Public Engagement
This item is on the agenda for the April 2, 2024, City Council meeting and will follow all the required posting and notification. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.

ENVIRONMENTAL REVIEW
The proposed report contemplates the receipt of state incentive funds, which is not a project under CEQA, and is therefore exempt from CEQA review (CEQA Guidelines Section 15378(b)(4). Future projects that utilize PIP funding will undergo CEQA review and clearance.

FISCAL IMPACT
Budgeted: Yes/No Budget Year: 2024-2025
Funding Identified: Yes/No

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Item 6n
Fiscal Analysis:

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

Total $ $ $ $
There will be no negative fiscal impact to the City. Local governments with Prohousing Designation are eligible to apply for new Prohousing Incentive Program grant funding, a $26 million state investment from the Building Homes and Jobs Trust Fund. Applying for these funds could increase funding availability for the identified housing projects by up to $750,000. These funds, if awarded will go directly to the City’s Affordable Housing Fund.

ALTERNATIVES

1. Council could choose not to apply for PIP funds at this time and apply for future rounds dependent upon future Notices of Funding Availability for the program.

Staff recommends applying for the current round of PIP to make funds available for critically needed below market rate housing projects.

2. Council could choose to apply for PIP funds for a different eligible activity. Staff could identify other potential eligible uses that align with the City housing work program, however, the most urgent need for the funds is to leverage critically needed below market rate housing units. Staff does not recommend this alternative due to the time sensitive nature of the grant program application. Staff will investigate opportunities and apply where eligible for additional PIP funds in future rounds.

ATTACHMENTS
A - Draft Resolution authorizing application to and participation in the State Prohousing Incentive Program
B - Prohousing Incentive Program Application

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R ______
RESOLUTION NO. _______ (2024 SERIES)

A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL OF THE

CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

INCENTIVE PROGRAM
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to as the Prohousing Incentive Program or “PIP”); and
WHEREAS, the City Council of the City of San Luis Obispo desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of $9,483,402.17 for PIP; and
WHEREAS, the City Council of the City of San Luis Obispo has duly considered all evidence, and recommendations by staff.

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

SECTION 1. The City Manager of the City of San Luis Obispo is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed $750,000.

SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of San Luis Obispo is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $750,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and

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Resolution No. _____ (2024 Series) Page 2
R _______
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application.

SECTION 4. The Director of the Community Development Department is authorized to execute and deliver the Application and the Program Documents on behalf of the City of San Luis Obispo for participation in the Program.

On motion by______________, seconded by ______________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was passed and adopted this _____ day of __________ 2024. ___________________________
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

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Prohousing Incentive Pilot
(PIP) Program
2024 Application for Local Governments
State of California
Governor, Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
Final Filing Date: March 15, 2024
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousingincentive-program Email: [email protected]

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X
X
X
X
X
X
Prohousing Incentive Pilot (PIP) Program Application Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized under the provisions pursuant to Health and Safety Code Section 50470(2)(C)(i). PIP is designed to encourage cities and counties to achieve Prohousing Designation. Please refer to the PIP Guidelines and 2024 Notice of Funding Availability (NOFA) for detailed information on eligible uses and awards. If you have questions regarding this application or the PIP Program, email [email protected].

If approved for funding, the PIP application is incorporated as part of your Standard Agreement with the Department. To be considered for funding, all sections of this application, including attachments if required, must be complete and accurate.

In order to be considered for funding, all applicants must submit a complete, signed application to [email protected] by March 15, 2024. Pursuant to Section 202 of the PIP Guidelines, all applicants must meet the following threshold requirements to be eligible for funding:

An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).

Threshold Requirements
Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department.

Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable.

Prohousing Designation: An awarded or completed Prohousing Designation Application with an authorizing resolution must be submitted prior to or in conjunction with the Applicant’s PIP Application. PIP Awards cannot be made until a Prohousing Designation is awarded.

A complete application as determined by the Department.

NOTE: We will be submitting resolution separately by the extension deadline of April 15, 2024. An authorizing resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including an authorized representative. See Attachment B of the PIP Guidelines for required resolution format.

Compliance with state and federal housing laws as determined by the sole discretion of HCD.

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Applicant
Applicant Agency Type
Mailing Address
City Zip Code
County
Website
DUNS Number
TIN
Authorized Representative Name
Authorized Representative Title
Phone Fax
Email
Contact Person Name
Contact Person Title
Phone Fax
Email
Signature Date
Name Title
95-6000781
Timothea Tway
Director of Community Developme
(805)781-7187
[email protected]
Teresa McClish
(805)781-7173
Applicant Information
City of San Luis Obispo
City
990 Palm Street
San Luis Obispo 93401
San Luis Obispo
www.slocity.org
98992407
Timothea Tway Director of Community
As the official designated by the governing body (authorized representative above and in resolution), I hereby certify that, if approved by HCD for funding through PIP, the applicant assumes the responsibilities specified in the NOFA and certifies that the information, statements, and other contents contained in this application are true and correct. (805)781-7173
Housing Policy and Programs Man
(805) 783-7840
[email protected]

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X
Statement of Work Plan
Award funds through City Affordable Housing Fund to non-profit affordable housing developers and the Begin
Sep-24
Est. Cost
Proposed Activity $750,000
Notes
The THMA project has previously been awarded funds from the City's Affordable Housing Fund and is Eligible Use Category
1 End
27-Sep
Subtask(s)
Eligible Applicants must use award funds towards any planning or implementation activities related to housing and community development including, but not limited to, any eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D), as described below. Please indicate which of the following the applicant will use award funds toward:

Eligible Uses
Objective
Summary of Proposed Activities
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.(vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. (i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderate-income households, including necessary operating subsidies.(ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.(iii) Matching portions of funds placed into local or regional housing trust funds.(vii) Accessibility modifications.(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes.(ix) Homeownership opportunities, including, but not limited to, downpayment assistance.(x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households. (iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.

Responsible Party
City of San Luis Obispo

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Jurisdiction Name Eligible Base Award
Geographic Category Bonus Award Amount:

Prohousing Designation Application
Score 50 Total Award $ 750,000
Award Amount
San Luis Obispo $ 250,000
Central Coast
Click the dropdown menu to choose a jurisdiction. The geographic category and base award will auto-populate. If the jurisdiction has obtained Prohousing Designation at the time of PIP application submittal, enter in the Prohousing Designation applicant score. Population projections are based on the Department of Finance E-1 Jan 1, 2023 estimates. https://dof.ca.gov/Forecasting/Demographics/estimates-e1/ $ 500,000

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Item 6o
Department: Human Resources
Cost Center: 2007
For Agenda of: 4/2/2024
Placement: Consent
Estimated Time: N/A
FROM: Mayor Erica A. Stewart
Prepared By: Nickole Domini, Director of Human Resources SUBJECT: INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH

ASSISTANT CITY MANAGER WHITNEY MCDONALD

RECOMMENDATION

1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Employment Agreement for Interim City Manager”; and

2. Adopt a Regular Salary Schedule as required by California Public Employees Retirement System (CalPERS).

POLICY CONTEXT
The appointed officials of the City of San Luis Obispo consist of the City Manager and a City Attorney. Such officials shall be appointed by and may be removed only by the affirmative votes of a majority of the members of the Council pursuant to Article VII, Section 701 of the City Charter. Compensation of officials shall be set by resolution or ordinance pursuant to Charter Section 711.

DISCUSSION
Background
After 12 years serving the City of San Luis Obispo, and the last six and a half as the City Manager, Derek Johnson will be leaving the City to serve as the first Chief Executive Officer for the County of Marin. The City Council will begin a recruitment process to select the new City Manager, which may take approximately six months to complete.

The Assistant City Manager, Whitney McDonald, has been selected to serve as the Interim City Manager to ensure the seamless continuation of essential services to the community. By selecting an internal Interim City Manager, the City Council aims to preserve institutional knowledge, maintain existing organizational culture, and sustain the positive momentum achieved under City Manager Johnson. Ms. McDonald has agreed to accept the Interim City Manager appointment, on the terms of the attached agreement.

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Item 6o
While serving as the Interim City Manager, McDonald will undertake the complete duties and responsibilities associated with the City Manager position. The Interim City Manager Agreement, attached herewith, details the salary, benefits, and other provisions applicable to her employment during this interim assignment.

Revised Salary Schedule
In compliance with Public Employees’ Retirement Law and the Public Employees’ Pension Reform Act of 2013 (PEPRA), CalPERS requires publicly available pay schedules. It also defines eight (8) requirements for such schedules, including that the schedule be duly approved and adopted by the employer’s governing body in accordance with requirement of applicable public meetings laws, it is posted on the employer's website, and it is retained by the employer and available for public inspection for not less than five years. Publicly available pay schedules are a critical component to verify all members’ pay rates when calculating members’ retirement benefits. Maintaining a compliant pay schedule will support transparency and expedite CalPERS’ review process. The attached salary schedule meets these requirements and incorporates the Interim City Manager classification.

Public Engagement
The Interim City Manager appointment was considered by the Council. No other public engagement was conducted as the City Manager is appointed and serves at the will of the Council and this is a temporary appointment intended to facilitate a smooth transition and continuity in management of operations.

CONCURRENCE
The City Attorney’s Office reviewed and approved the Employment Agreement as to form.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.

FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Salary savings from vacant positions.

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Item 6o
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $7,000 $ $16,000
State
Federal
Fees
Other:

Total $ $7,000 $ $16,000
There is no direct fiscal impact as there is sufficient budget from salary savings. The difference between McDonald’s current pay and the Interim City Manager role is estimated to cost approximately $7,000 in FY24 and $16,000 in FY25. To cover these expenses, the City Administration and Community Services Group departments will utilize salary savings from both the vacant City Manager and Business Services and Administrative Manager positions.

ALTERNATIVES
Direct staff to renegotiate compensation for the Interim City Manager. This alternative is not recommended because the compensation proposed is aligned with the Management Resolution and City Policy for out of class assignments and represents the most effective and cost-efficient means by which to ensure a smooth transition and continuity of progress toward established goals and work programs.

ATTACHMENTS
A - Draft Resolution approving an Employment Agreement for Interim City Manager B - Exhibit A to Draft Resolution - Interim City Manager Employment Agreement C - Regular Salary Schedule Effective 4/11/2024

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R ______
RESOLUTION NO. _____ (2024 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS

OBISPO, CALIFORNIA, APPROVING AN EMPLOYMENT AGREEMENT

FOR INTERIM CITY MANAGER
WHEREAS, the City of San Luis Obispo is in the process of recruiting a qualified permanent City Manager; and
WHEREAS, the City Council desires to appoint Whitney McDonald to serve as the Interim City Manager while the Council conducts a permanent City Manager search and until such time as a permanent City Manager is selected and assumes that office; and WHEREAS, pursuant to Government Code section 36506 and Charter Section 711, the City Council is required to establish the compensation of the City Manager by resolution; and
WHEREAS, the City Council desires to set the salary, salary schedule, and benefits, as well as other terms and conditions of employment for the Interim City Manager position as set forth in the Employment Agreement.

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

SECTION 1. Whitney McDonald is hereby appointed to the position of Interim City Manager effective April 26, 2024, at 5:01 pm, at an annual salary of $273,104 to be paid on a biweekly basis.

SECTION 2. All other benefits for the position of Interim City Manager shall be as provided for in the Employment Agreement.

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Resolution No. _____ (2024 Series) Page 2
R ______
SECTION 3. The City Council hereby approves the Employment Agreement attached hereto as Exhibit A.

Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The foregoing resolution was adopted this _____ day of _______________ 2024. ___________________________
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

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EMPLOYMENT AGREEMENT
THIS AGREEMENT is entered into this 2
nd day of April, 2024, by and between the
CITY OF SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred to as "CITY"), and WHITNEY MCDONALD (hereinafter referred to as "EMPLOYEE"); WITNESSETH:

WHEREAS, on March 19, 2024 the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") appointed EMPLOYEE as Interim City Manager effective April 26, 2024 at 5:01 pm (hereinafter referred to as “Start Date”), and WHEREAS, EMPLOYEE desires to accept the position of Interim City Manager consistent with certain terms and conditions of said employment, as set forth in this AGREEMENT; and
WHEREAS, the COUNCIL and EMPLOYEE desire to memorialize in this Agreement certain benefits, terms, and conditions of employment of EMPLOYEE.

NOW, THEREFORE, the parties do mutually agree as follows:

1. Employment.

The CITY hereby agrees to employ EMPLOYEE as Interim City Manager of the City of San Luis Obispo commencing on the Start Date, to serve at the pleasure of the City Council subject to the terms and conditions set forth in this Agreement.

2. Term.

Agreement shall commence on April 26, 2024 at 5:01 pm and will end when a new City Manager assumes office. However, in no event shall the EMPLOYEE’s employment as Interim City Manager extend beyond 960 hours per fiscal year or otherwise violate the provisions of Government Code Section 20480 regarding limit on out-of-class appointments. In accordance with Government Code Section 20480, the City will track EMPLOYEE’s hours worked as Interim City Manager and report that service to CalPERS no later than thirty (30) days following the end of each applicable fiscal year.

3. City Council Commitments.

A. The COUNCIL and EMPLOYEE shall meet to formally develop goals and expectations for her performance as the Interim City Manager.

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4. Duties and Salary.

A. Commencing on the Start Date, EMPLOYEE shall perform the functions and duties of the City Manager specified in the Charter and Municipal Code and such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign.

B. As compensation for EMPLOYEE’s services, the COUNCIL agrees to pay EMPLOYEE, on a bi-weekly basis, an annual salary of $273,104, effective on the EMPLOYEE’s Start Date. The Interim City Manager position is exempt from the overtime provisions of the Fair Labor Standards Act and is not eligible for overtime pay. In addition, the COUNCIL agrees to increase said base salary by the cost-of-living adjustment provided by the COUNCIL for all CITY management employees under any successor Management Compensation
Resolutions.

C. EMPLOYEE’s annual evaluation for her permanent role of Assistant City Manager pursuant to the Management Pay for Performance Guidelines will proceed as otherwise provided in the Management evaluation guidelines and she may be considered for an annual pay increase for the Assistant City Manager position, with adjustments to her regular position salary effective the second full pay period in April 2024 with written documentation of satisfactory performance. In the event the Interim City Manager returns to her prior position at any time after the execution of this Agreement, she shall receive the adjusted salary as implemented in accordance with the pay for performance evaluation process for management employees and the thenapplicable management resolution immediately from and after the date of resuming the Assistant City Manager position, without penalty for the period of service as Interim City Manager.

5. Benefits.

In addition to the salary set forth in Section 4 of this AGREEMENT, EMPLOYEE shall be entitled to the same benefits as those offered by the CITY to other management employees, in accordance with the Resolution 11316 (2022 Series), and any successors.

6. Professional Development.

EMPLOYEE agrees to actively participate in such state, regional, and local organizations as necessary for the representation of City and for effective performance of her duties. City shall pay in advance or reimburse EMPLOYEE for reasonable and necessary expenses incurred by EMPLOYEE relating to such activities pursuant to the City’s policies.

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7. Termination.

A. This Agreement may be terminated at any time upon the mutual, written agreement of both the COUNCIL and EMPLOYEE.

B. EMPLOYEE may terminate this AGREEMENT at any time by giving the COUNCIL not less than fifteen (15) days’ prior written notice.

C. The COUNCIL may terminate this AGREEMENT without cause at any time upon the affirmative vote of not less than three members of the COUNCIL.

D. When the COUNCIL hires a City Manager, this AGREEMENT will terminate on the day prior to the City Manager's start date.

8. Return Rights to Previous Position.

A. EMPLOYEE shall have full return rights to the position of Assistant City Manager if this AGREEMENT is terminated pursuant to Section

7. If EMPLOYEE returns to the Assistant City Manager classification after the City hires a City Manager, EMPLOYEE shall earn her previous annual salary, including any eligible Management Pay for Performance increases as set out in Section 4.C. and any cost-ofliving adjustment provided by the COUNCIL for all CITY management employees under any successor Management
Compensation Resolutions.

B. The COUNCIL agrees that the position of Assistant City Manager will not be filled with a permanent replacement during EMPLOYEE’s services as the Interim City Manager under this AGREEMENT. This paragraph will survive the termination of this AGREEMENT.

9. General Provisions.

A. The text herein shall constitute the entire AGREEMENT between the parties.

B. This AGREEMENT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties.

C. It is the intent of the COUNCIL that this AGREEMENT and the appointment of EMPLOYEE as Interim City Manager are in
accordance with the requirements and provisions of the Charter.

Wherever possible, the provisions of this AGREEMENT shall be construed in a manner consistent with the Charter. If any provision of this AGREEMENT conflicts with the Charter, the Charter shall control to the fullest extent permitted by law.

D. If any provision, or any portion thereof, contained in this AGREEMENT is held unconstitutional, invalid or unenforceable, the remainder of this AGREEMENT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Page 481 of 658 ends

E. This AGREEMENT may be amended only in writing and duly authorized and executed by both parties.

F. There shall be no discrimination against any person employed pursuant to this AGREEMENT in any manner forbidden by law.

IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above.
_____________________________ _______________

WHITNEY MCDONALD DATE
____________________________ ________________
MAYOR ERICA A. STEWART DATE
ATTEST:
____________________________ ________________

TERESA PURRINGTON DATE

CITY CLERK
APPROVED AS TO FORM:
____________________________
J. CHRISTINE DIETRICK

CITY ATTORNEY

Page 482 of 658 ends

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 ACCOUNTANT 22300 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ACTIVE TRANSPORTATION MANAGER 22301 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ADMINISTRATION EXECUTIVE ASSISTANT 33100 257 CNF 2,385 $ $ 2,927 $ 2,385 $ 2,510 $ 2,642 $ 2,781 $ ‐ 2,927 $ ‐ $ ‐ $ ‐ $ ADMINISTRATIVE ASSISTANT I 41700 400 CEA 1,796 $ $ 2,204 $ 1,796 $ 1,890 $ 1,989 $ 2,094 $ ‐ 2,204 $ ‐ $ ‐ $ ‐ $ ADMINISTRATIVE ASSISTANT II 42700 402 CEA 1,891 $ $ 2,322 $ 1,891 $ 1,991 $ 2,096 $ 2,206 $ ‐ 2,322 $ ‐ $ ‐ $ ‐ $ ADMINISTRATIVE ASSISTANT III 43700 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ ADMINISTRATIVE ASSISTANT III CONFIDENTIAL 33702 247 CONF 2,149 $ $ 2,638 $ 2,149 $ 2,262 $ 2,381 $ 2,506 $ ‐ 2,638 $ ‐ $ ‐ $ ‐ $ ADMINISTRATIVE SPECIALIST 44700 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ AQUATICS COORDINATOR 44601 412 CEA 2,452 $ $ 3,010 $ 2,452 $ 2,581 $ 2,717 $ 2,860 $ ‐ 3,010 $ ‐ $ ‐ $ ‐ $ ASSISTANT CITY ATTORNEY I 25100 346 MME 4,863 $ $ ‐ 6,078 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ASSISTANT CITY ATTORNEY II 25102 360 MME 5,596 $ $ ‐ 6,995 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ASSISTANT CITY MANAGER COMMUNITY SERVICES 27100 225 DPH 7,641 $ $ ‐ 9,550 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ASSISTANT PLANNER 42402 417 CEA 2,790 $ $ 3,426 $ 2,790 $ 2,937 $ 3,092 $ 3,255 $ ‐ 3,426 $ ‐ $ ‐ $ ‐ $ ASSOCIATE PLANNER 43300 422 CEA 3,177 $ $ 3,900 $ 3,177 $ 3,344 $ 3,520 $ 3,705 $ ‐ 3,900 $ ‐ $ ‐ $ ‐ $ BEAUTIFICATION GARDENER 42914 411 CEA 2,387 $ $ 2,931 $ 2,387 $ 2,513 $ 2,645 $ 2,784 $ ‐ 2,931 $ ‐ $ ‐ $ ‐ $ BUILDING INSPECTOR I 41500 415 CEA 2,650 $ $ 3,254 $ 2,650 $ 2,789 $ 2,936 $ 3,091 $ ‐ 3,254 $ ‐ $ ‐ $ ‐ $ BUILDING INSPECTOR II 44500 418 CEA 2,864 $ $ 3,517 $ 2,864 $ 3,015 $ 3,174 $ 3,341 $ ‐ 3,517 $ ‐ $ ‐ $ ‐ $ BUILDING PERMIT SERVICES SUPERVISOR 24200 313 MME 3,526 $ $ ‐ 4,406 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ BUSINESS ANALYST 22302 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ BUSINESS MANAGER 26111 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ BUSINESS SERVICES AND ADMINISTRATIVE MANAGER 26100 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CANNABIS BUSINESS COORDINATOR 44408 422 CEA 3,177 $ $ 3,900 $ 3,177 $ 3,344 $ 3,520 $ 3,705 $ ‐ 3,900 $ ‐ $ ‐ $ ‐ $ CAPITAL IMPROVEMENT PROGRAM ADMINISTRATIVE MANAGER 26117 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CAPITAL PROJECTS MANAGER I 41302 417 CEA 2,790 $ $ 3,426 $ 2,790 $ 2,937 $ 3,092 $ 3,255 $ ‐ 3,426 $ ‐ $ ‐ $ ‐ $ CAPITAL PROJECTS MANAGER II 42304 421 CEA 3,096 $ $ 3,802 $ 3,096 $ 3,259 $ 3,431 $ 3,612 $ ‐ 3,802 $ ‐ $ ‐ $ ‐ $ CAPITAL PROJECTS MANAGER III 43303 424 CEA 3,348 $ $ 4,109 $ 3,348 $ 3,524 $ 3,709 $ 3,904 $ ‐ 4,109 $ ‐ $ ‐ $ ‐ $ CITY ATTORNEY 28000 200 APO 11,092 $ $ 11,092 $ ‐ 11,092 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CITY BIOLOGIST 22304 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CITY CLERK 26000 333 MME 4,284 $ $ ‐ 5,356 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CITY COUNCIL MEMBER 18000 104 CCM 987 $ $ 987 $ ‐ 987 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CITY MANAGER 28001 206 APO 11,500 $ $ 11,500 $ ‐ 11,500 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CODE ENFORCEMENT OFFICER I 41501 416 CEA 2,718 $ $ 3,338 $ 2,718 $ 2,861 $ 3,012 $ 3,171 $ ‐ 3,338 $ ‐ $ ‐ $ ‐ $ CODE ENFORCEMENT OFFICER II 44501 419 CEA 2,940 $ $ 3,609 $ 2,940 $ 3,095 $ 3,258 $ 3,429 $ ‐ 3,609 $ ‐ $ ‐ $ ‐ $ CODE ENFORCEMENT SUPERVISOR 25300 313 MME 3,526 $ $ ‐ 4,406 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $

Page 1 of 8 ends

CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 CODE ENFORCEMENT TECHNICIAN I 41502 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ CODE ENFORCEMENT TECHNICIAN II 42500 407 CEA 2,153 $ $ 2,643 $ 2,153 $ 2,266 $ 2,385 $ 2,511 $ ‐ 2,643 $ ‐ $ ‐ $ ‐ $ COMMUNICATIONS COORDINATOR 42703 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ COMMUNICATIONS SUPERVISOR 75200 855 PSO 3,547 $ $ 4,584 $ 3,547 $ 3,734 $ 3,930 $ 4,137 $ 4,355 $ ‐ 4,584 $ ‐ $ ‐ $ COMMUNICATIONS TECHNICIAN 62500 712 POA 2,771 $ $ 3,771 $ 2,771 $ 2,917 $ 3,071 $ 3,233 $ 3,403 $ 3,582 $ ‐ 3,771 $ ‐ $ COMMUNITY RESOURCES AND SERVICES SPECIALIST 42418 410 CEA 2,327 $ $ 2,857 $ 2,327 $ 2,449 $ 2,578 $ 2,714 $ ‐ 2,857 $ ‐ $ ‐ $ ‐ $ COMMUNITY RISK REDUCTION MANAGER 26212 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CONSTRUCTION ENGINEERING MANAGER 26202 333 MME 4,284 $ $ ‐ 5,356 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ CONTROL SYSTEMS ADMINISTRATOR 44400 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ DATA ANALYST 22311 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY BUILDING OFFICIAL 26305 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY CITY ATTORNEY I 21101 316 MME 3,632 $ $ ‐ 4,538 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY CITY ATTORNEY II 22101 326 MME 4,001 $ $ ‐ 5,001 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY CITY ATTORNEY III 23101 336 MME 4,413 $ $ ‐ 5,517 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY CITY CLERK I 41701 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ DEPUTY CITY CLERK II 42701 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ DEPUTY CITY MANAGER 26112 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CHIEF BUILDING OFFICIAL 26120 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CITY PLANNER 26115 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF FINANCE CITY CONTROLLER 26121 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF PUBLIC WORKS CITY ENGINEER 26104 358 MME 5,468 $ $ ‐ 6,835 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF PUBLIC WORKS MAINTENANCE OPERATIONS 26103 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF PUBLIC WORKS MOBILITY SERVICES 26119 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF UTILITIES ENGINEERING AND PLANNING 26113 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF UTILITIES WASTEWATER 26105 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY DIRECTOR OF UTILITIES WATER 26106 353 MME 5,208 $ $ ‐ 6,509 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY FIRE CHIEF 26107 369 MME 6,473 $ $ ‐ 8,092 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DEPUTY POLICE CHIEF 76100 810 PSO 7,226 $ $ 8,870 $ 7,226 $ 7,606 $ 8,006 $ 8,427 $ ‐ 8,870 $ ‐ $ ‐ $ ‐ $ DIRECTOR OF COMMUNITY DEVELOPMENT 27000 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DIRECTOR OF FINANCE 27001 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DIRECTOR OF HUMAN RESOURCES 27002 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DIRECTOR OF PARKS AND RECREATION 27003 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DIRECTOR OF PUBLIC WORKS 27004 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ DIRECTOR OF UTILITIES 27005 210 DPH 6,641 $ $ ‐ 8,303 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $

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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 DIVERSITY EQUITY AND INCLUSION MANAGER 26002 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ECONOMIC DEVELOPMENT ANALYST 22316 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ECONOMIC DEVELOPMENT AND TOURISM MANAGER 26108 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ EMERGENCY MANAGER 22500 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ENGINEER I 41300 419 CEA 2,940 $ $ 3,609 $ 2,940 $ 3,095 $ 3,258 $ 3,429 $ ‐ 3,609 $ ‐ $ ‐ $ ‐ $ ENGINEER II 42300 423 CEA 3,262 $ $ 4,005 $ 3,262 $ 3,434 $ 3,615 $ 3,805 $ ‐ 4,005 $ ‐ $ ‐ $ ‐ $ ENGINEER III 43301 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ ENGINEERING INSPECTOR I 41401 414 CEA 2,582 $ $ 3,170 $ 2,582 $ 2,718 $ 2,861 $ 3,012 $ ‐ 3,170 $ ‐ $ ‐ $ ‐ $ ENGINEERING INSPECTOR II 42404 417 CEA 2,790 $ $ 3,426 $ 2,790 $ 2,937 $ 3,092 $ 3,255 $ ‐ 3,426 $ ‐ $ ‐ $ ‐ $ ENGINEERING INSPECTOR III 43401 423 CEA 3,262 $ $ 4,005 $ 3,262 $ 3,434 $ 3,615 $ 3,805 $ ‐ 4,005 $ ‐ $ ‐ $ ‐ $ ENGINEERING INSPECTOR IV 44402 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ ENGINEERING TECHNICIAN I 41402 407 CEA 2,153 $ $ 2,643 $ 2,153 $ 2,266 $ 2,385 $ 2,511 $ ‐ 2,643 $ ‐ $ ‐ $ ‐ $ ENGINEERING TECHNICIAN II 42405 409 CEA 2,267 $ $ 2,783 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ ‐ 2,783 $ ‐ $ ‐ $ ‐ $ ENGINEERING TECHNICIAN III 43402 414 CEA 2,582 $ $ 3,170 $ 2,582 $ 2,718 $ 2,861 $ 3,012 $ ‐ 3,170 $ ‐ $ ‐ $ ‐ $ ENTERPRISE SYSTEM DATABASE ADMINISTRATOR 44401 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ ENVIRONMENTAL COMPLIANCE INSPECTOR SBP 44403 484 CEA 2,627 $ $ 3,960 $ 2,627 $ 2,765 $ 2,911 $ 3,064 $ 3,225 $ 3,395 $ 3,574 $ 3,762 $ 3,960 ENVIRONMENTAL PROGRAMS MANAGER 26203 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ EVIDENCE TECHNICIAN 62300 715 POA 3,629 $ $ 4,937 $ 3,629 $ 3,820 $ 4,021 $ 4,233 $ 4,456 $ 4,690 $ ‐ 4,937 $ ‐ $EXECUTIVE ASSISTANT TO THE POLICE CHIEF 43100 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ FACILITIES MAINTENANCE SUPERVISOR 25201 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ FACILITIES MAINTENANCE TECHNICIAN SBP 42900 473 CEA 2,088 $ $ 3,148 $ 2,088 $ 2,198 $ 2,314 $ 2,436 $ 2,564 $ 2,699 $ 2,841 $ 2,991 $ 3,148FINANCE CASHIER 41407 400 CEA 1,796 $ $ 2,204 $ 1,796 $ 1,890 $ 1,989 $ 2,094 $ ‐ 2,204 $ ‐ $ ‐ $ ‐ $ FINANCIAL ANALYST 22310 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ FINANCIAL ASSISTANT 41408 400 CEA 1,796 $ $ 2,204 $ 1,796 $ 1,890 $ 1,989 $ 2,094 $ ‐ 2,204 $ ‐ $ ‐ $ ‐ $ FINANCIAL SPECIALIST 42412 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ FIRE BATTALION CHIEF 55200 505 FFA 5,584 $ $ 6,856 $ 5,584 $ 5,878 $ 6,187 $ 6,513 $ ‐ 6,856 $ ‐ $ ‐ $ ‐ $ FIRE CAPTAIN 54500 621 FFA 4,197 $ $ 5,154 $ 4,197 $ 4,418 $ 4,651 $ 4,896 $ ‐ 5,154 $ ‐ $ ‐ $ ‐ $ FIRE CHIEF 27006 216 DPH 7,439 $ $ ‐ 9,300 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ FIRE ENGINEER 53500 615 FFA 3,643 $ $ 4,473 $ 3,643 $ 3,835 $ 4,037 $ 4,249 $ ‐ 4,473 $ ‐ $ ‐ $ ‐ $ FIRE INSPECTOR I 51400 626 FFA 2,971 $ $ 3,647 $ 2,971 $ 3,127 $ 3,292 $ 3,465 $ ‐ 3,647 $ ‐ $ ‐ $ ‐ $ FIRE INSPECTOR II 52400 630 FFA 3,297 $ $ 4,047 $ 3,297 $ 3,470 $ 3,653 $ 3,845 $ ‐ 4,047 $ ‐ $ ‐ $ ‐ $ FIRE INSPECTOR III 53400 633 FFA 3,562 $ $ 4,373 $ 3,562 $ 3,749 $ 3,946 $ 4,154 $ ‐ 4,373 $ ‐ $ ‐ $ ‐ $ FIRE MARSHAL 25202 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ FIREFIGHTER EMT 52500 612 FFA 2,971 $ $ 4,053 $ 2,971 $ 3,301 $ 3,475 $ 3,658 $ 3,850 $ ‐ 4,053 $ ‐ $ ‐ $

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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 FIREFIGHTER PARAMEDIC 52502 613 FFA 3,327 $ $ 4,540 $ 3,327 $ 3,697 $ 3,892 $ 4,097 $ 4,313 $ ‐ 4,540 $ ‐ $ ‐ $ FLEET MAINTENANCE SUPERVISOR 25203 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ FLEET SERVICES SPECIALIST 42414 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ GOLF MAINTENANCE CREW COORDINATOR 44900 409 CEA 2,267 $ $ 2,783 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ ‐ 2,783 $ ‐ $ ‐ $ ‐ $ GOLF SUPERVISOR 25218 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ HAZARDOUS MATERIALS COORDINATOR 54501 617 FFA 4,066 $ $ 4,992 $ 4,066 $ 4,280 $ 4,505 $ 4,742 $ ‐ 4,992 $ ‐ $ ‐ $ ‐ $ HEAVY EQUIPMENT MECHANIC 42800 411 CEA 2,387 $ $ 2,931 $ 2,387 $ 2,513 $ 2,645 $ 2,784 $ ‐ 2,931 $ ‐ $ ‐ $ ‐ $ HOMELESSNESS RESPONSE MANAGER 26304 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ HOUSING COORDINATOR 44300 422 CEA 3,177 $ $ 3,900 $ 3,177 $ 3,344 $ 3,520 $ 3,705 $ ‐ 3,900 $ ‐ $ ‐ $ ‐ $ HOUSING POLICY AND PROGRAMS MANAGER 25301 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 31700 240 CNF 2,001 $ $ 2,457 $ 2,001 $ 2,106 $ 2,217 $ 2,334 $ ‐ 2,457 $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 32700 245 CNF 2,106 $ $ 2,586 $ 2,106 $ 2,217 $ 2,334 $ 2,457 $ ‐ 2,586 $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 33700 257 CNF 2,385 $ $ 2,927 $ 2,385 $ 2,510 $ 2,642 $ 2,781 $ ‐ 2,927 $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES ANALYST 21300 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES INFORMATION SYSTEM TECHNICIAN 32402 245 CNF 2,106 $ $ 2,586 $ 2,106 $ 2,217 $ 2,334 $ 2,457 $ ‐ 2,586 $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES MANAGER 26301 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ HUMAN RESOURCES SPECIALIST 32401 261 CNF 2,467 $ $ 3,029 $ 2,467 $ 2,597 $ 2,734 $ 2,878 $ ‐ 3,029 $ ‐ $ ‐ $ ‐ $ INFORMATION SERVICES SUPERVISOR 25204 326 MME 4,001 $ $ ‐ 5,001 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ INFORMATION TECHNOLOGY ASSISTANT 42407 410 CEA 2,327 $ $ 2,857 $ 2,327 $ 2,449 $ 2,578 $ 2,714 $ ‐ 2,857 $ ‐ $ ‐ $ ‐ $ INFORMATION TECHNOLOGY MANAGER 26001 354 MME 5,256 $ $ ‐ 6,570 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ INFORMATION TECHNOLOGY SECURITY ENGINEER 42413 428 CEA 3,713 $ $ 4,559 $ 3,713 $ 3,908 $ 4,114 $ 4,331 $ ‐ 4,559 $ ‐ $ ‐ $ ‐ $ INFORMATION TECHNOLOGY SYSTEM ENGINEER 42408 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ INTERIM CITY MANAGER 28002 203 APO 10,504 $ $ 10,504 $ ‐ 10,504 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ LABORATORY ANALYST SBP 42301 484 CEA 2,627 $ $ 3,960 $ 2,627 $ 2,765 $ 2,911 $ 3,064 $ 3,225 $ 3,395 $ 3,574 $ 3,762 $ 3,960LABORATORY MANAGER 26204 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ LEAD POLICE RECORDS CLERK 64700 706 POA 2,514 $ $ 3,419 $ 2,514 $ 2,646 $ 2,785 $ 2,932 $ 3,086 $ 3,248 $ ‐ 3,419 $ ‐ $ LEAD PROPERTY AND EVIDENCE TECHNICIAN 62400 713 POA 2,758 $ $ 3,752 $ 2,758 $ 2,903 $ 3,056 $ 3,217 $ 3,386 $ 3,564 $ ‐ 3,752 $ ‐ $ LEGAL ANALYST 23314 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ LEGAL ASSISTANT I 31701 240 CNF 2,001 $ $ 2,457 $ 2,001 $ 2,106 $ 2,217 $ 2,334 $ ‐ 2,457 $ ‐ $ ‐ $ ‐ $ LEGAL ASSISTANT II 32701 245 CNF 2,106 $ $ 2,586 $ 2,106 $ 2,217 $ 2,334 $ 2,457 $ ‐ 2,586 $ ‐ $ ‐ $ ‐ $ MAINTENANCE CONTRACT COORDINATOR 42303 414 CEA 2,582 $ $ 3,170 $ 2,582 $ 2,718 $ 2,861 $ 3,012 $ ‐ 3,170 $ ‐ $ ‐ $ ‐ $ MAINTENANCE CREW COORDINATOR 43902 409 CEA 2,267 $ $ 2,783 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ ‐ 2,783 $ ‐ $ ‐ $ ‐ $ MAINTENANCE SUPERVISOR 26211 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ MAINTENANCE WORKER I 41900 402 CEA 1,891 $ $ 2,322 $ 1,891 $ 1,991 $ 2,096 $ 2,206 $ ‐ 2,322 $ ‐ $ ‐ $ ‐ $ MAINTENANCE WORKER II 42913 404 CEA 1,991 $ $ 2,444 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ ‐ 2,444 $ ‐ $ ‐ $ ‐ $

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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 MAINTENANCE WORKER II ‐ PARKS 42901 404 CEA 1,991 $ $ 2,444 $ 1,991 $ 2,096 $ 2,206 $ 2,322 $ ‐ 2,444 $ ‐ $ ‐ $ ‐ $ MAINTENANCE WORKER III 43901 406 CEA 2,100 $ $ 2,577 $ 2,100 $ 2,210 $ 2,326 $ 2,448 $ ‐ 2,577 $ ‐ $ ‐ $ ‐ $ MAINTENANCE WORKER III ‐ PARKS 43900 406 CEA 2,100 $ $ 2,577 $ 2,100 $ 2,210 $ 2,326 $ 2,448 $ ‐ 2,577 $ ‐ $ ‐ $ ‐ $ MANAGEMENT FELLOW 36300 252 CNF‐C 2,264 $ $ 2,779 $ 2,264 $ 2,383 $ 2,508 $ 2,640 $ ‐ 2,779 $ ‐ $ ‐ $ ‐ $ MAYOR 18001 110 CCM 1,244 $ $ 1,244 $ ‐ 1,244 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ MECHANIC HELPER 41800 402 CEA 1,891 $ $ 2,322 $ 1,891 $ 1,991 $ 2,096 $ 2,206 $ ‐ 2,322 $ ‐ $ ‐ $ ‐ $ MOBILITY SERVICES BUSINESS MANAGER 26303 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ NETWORK SERVICES SUPERVISOR 25206 331 MME 4,200 $ $ ‐ 5,250 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PARALEGAL I 31702 261 CNF 2,467 $ $ 3,029 $ 2,467 $ 2,597 $ 2,734 $ 2,878 $ ‐ 3,029 $ ‐ $ ‐ $ ‐ $ PARALEGAL II 32702 266 CNF 2,601 $ $ 3,194 $ 2,601 $ 2,738 $ 2,882 $ 3,034 $ ‐ 3,194 $ ‐ $ ‐ $ ‐ $ PARKING COORDINATOR 44200 411 CEA 2,387 $ $ 2,931 $ 2,387 $ 2,513 $ 2,645 $ 2,784 $ ‐ 2,931 $ ‐ $ ‐ $ ‐ $ PARKING ENFORCEMENT OFFICER I 41403 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ PARKING ENFORCEMENT OFFICER II 44405 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ PARKING ENFORCEMENT SUPERVISOR 25400 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PARKING METER REPAIR WORKER 42801 407 CEA 2,153 $ $ 2,643 $ 2,153 $ 2,266 $ 2,385 $ 2,511 $ ‐ 2,643 $ ‐ $ ‐ $ ‐ $ PARKING OPERATIONS SUPERVISOR 25207 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PARKING PROGRAM MANAGER 26205 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PARKS CREW COORDINATOR 44901 471 CEA 2,650 $ $ 3,254 $ 2,650 $ 2,789 $ 2,936 $ 3,091 $ ‐ 3,254 $ ‐ $ ‐ $ ‐ $ PARKS MAINTENANCE SPECIALIST SBP 42902 470 CEA 1,944 $ $ 2,929 $ 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 PARKS MAINTENANCE SUPERVISOR 25208 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PAYROLL ANALYST 22315 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PAYROLL SPECIALIST 32404 261 CNF 2,467 $ $ 3,029 $ 2,467 $ 2,597 $ 2,734 $ 2,878 $ ‐ 3,029 $ ‐ $ ‐ $ ‐ $ PERMIT TECHNICIAN I 41404 402 CEA 1,891 $ $ 2,322 $ 1,891 $ 1,991 $ 2,096 $ 2,206 $ ‐ 2,322 $ ‐ $ ‐ $ ‐ $ PERMIT TECHNICIAN II 42409 405 CEA 2,043 $ $ 2,508 $ 2,043 $ 2,151 $ 2,264 $ 2,383 $ ‐ 2,508 $ ‐ $ ‐ $ ‐ $ PERMIT TECHNICIAN III 43405 409 CEA 2,267 $ $ 2,783 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ ‐ 2,783 $ ‐ $ ‐ $ ‐ $ PLANNING TECHNICIAN 41405 407 CEA 2,153 $ $ 2,643 $ 2,153 $ 2,266 $ 2,385 $ 2,511 $ ‐ 2,643 $ ‐ $ ‐ $ ‐ $ PLANS EXAMINER 43403 420 CEA 3,017 $ $ 3,704 $ 3,017 $ 3,176 $ 3,343 $ 3,519 $ ‐ 3,704 $ ‐ $ ‐ $ ‐ $ POLICE CADET 61500 714 POA 3,334 $ $ 3,334 $ ‐ 3,334 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ POLICE CHIEF 27007 230 DPH 8,002 $ $ ‐ 10,003 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ POLICE COMMUNITY SERVICE OFFICER 62501 709 POA 2,652 $ $ 3,608 $ 2,652 $ 2,792 $ 2,939 $ 3,094 $ 3,257 $ 3,428 $ ‐ 3,608 $ ‐ $ POLICE LIEUTENANT 75500 805 PSO 6,114 $ $ 7,507 $ 6,114 $ 6,436 $ 6,775 $ 7,132 $ ‐ 7,507 $ ‐ $ ‐ $ ‐ $ POLICE OFFICER 62502 720 POA 3,706 $ $ 5,040 $ 3,706 $ 3,901 $ 4,106 $ 4,322 $ 4,549 $ 4,788 $ ‐ 5,040 $ ‐ $ POLICE PUBLIC AFFAIRS MANAGER 26600 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ POLICE RECORDS CLERK I 61700 700 POA 2,039 $ $ 2,774 $ 2,039 $ 2,146 $ 2,259 $ 2,378 $ 2,503 $ 2,635 $ ‐ 2,774 $ ‐ $

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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 POLICE RECORDS CLERK II 62700 703 POA 2,258 $ $ 3,073 $ 2,258 $ 2,377 $ 2,502 $ 2,634 $ 2,773 $ 2,919 $ ‐ 3,073 $ ‐ $ POLICE RECORDS SUPERVISOR 75201 850 PSO 2,963 $ $ 3,829 $ 2,963 $ 3,119 $ 3,283 $ 3,456 $ 3,638 $ ‐ 3,829 $ ‐ $ ‐ $ POLICE SERGEANT 74500 800 PSO 4,699 $ $ 6,072 $ 4,699 $ 4,946 $ 5,206 $ 5,480 $ 5,768 $ ‐ 6,072 $ ‐ $ ‐ $ POLICY AND PROJECT MANAGER 25101 328 MME 4,078 $ $ ‐ 5,096 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PRINCIPAL BUDGET ANALYST 26201 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ PROPERTY AND EVIDENCE TECHNICIAN 62503 706 POA 2,514 $ $ 3,419 $ 2,514 $ 2,646 $ 2,785 $ 2,932 $ 3,086 $ 3,248 $ ‐ 3,419 $ ‐ $ PUBLIC ART COORDINATOR 44302 408 CEA‐C 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ PUBLIC COMMUNICATIONS MANAGER 26114 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ RANGER SERVICE WORKER SBP 42903 470 CEA 1,944 $ $ 2,929 $ 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 RECREATION COORDINATOR 44600 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ RECREATION MANAGER 26206 313 MME 3,526 $ $ ‐ 4,406 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ RECREATION SUPERVISOR 25209 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ RECYCLED WATER SPECIALIST 42417 421 CEA 3,096 $ $ 3,802 $ 3,096 $ 3,259 $ 3,431 $ 3,612 $ ‐ 3,802 $ ‐ $ ‐ $ ‐ $ RISK AND BENEFITS MANAGER 26306 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SAFETY MANAGER 23300 313 MME 3,526 $ $ ‐ 4,406 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR ACCOUNTANT 24300 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR BUSINESS ANALYST 24301 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR CIVIL ENGINEER 24302 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR FINANCIAL ANALYST 24304 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR HUMAN RESOURCES ANALYST 22305 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR LEGAL ANALYST 24306 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR PAYROLL ANALYST 23301 310 MME 3,424 $ $ ‐ 4,280 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SENIOR PLANNER 24303 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SIGNAL AND STREET LIGHTING TECHNICIAN 42802 416 CEA 2,718 $ $ 3,338 $ 2,718 $ 2,861 $ 3,012 $ 3,171 $ ‐ 3,338 $ ‐ $ ‐ $ ‐ $ SOLID WASTE AND RECYCLING COORDINATOR 44301 421 CEA 3,096 $ $ 3,802 $ 3,096 $ 3,259 $ 3,431 $ 3,612 $ ‐ 3,802 $ ‐ $ ‐ $ ‐ $ SOLID WASTE AND RECYCLING PROGRAM MANAGER 26118 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ STORMWATER CODE ENFORCEMENT OFFICER 44502 419 CEA‐C 2,940 $ $ 3,609 $ 2,940 $ 3,095 $ 3,258 $ 3,429 $ ‐ 3,609 $ ‐ $ ‐ $ ‐ $ STORMWATER PROGRAM MANAGER 26122 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ STREETS CREW COORDINATOR 44902 471 CEA 2,650 $ $ 3,254 $ 2,650 $ 2,789 $ 2,936 $ 3,091 $ ‐ 3,254 $ ‐ $ ‐ $ ‐ $ STREETS MAINTENANCE OPERATOR SBP 42904 470 CEA 1,944 $ $ 2,929 $ 1,944 $ 2,046 $ 2,154 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ 2,783 $ 2,929 STREETS MAINTENANCE SUPERVISOR 25210 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SUPERVISING ADMINISTRATIVE ASSISTANT 45201 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ SUPERVISING BUILDING INSPECTOR 25200 313 MME 3,526 $ $ ‐ 4,406 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SUPERVISING CIVIL ENGINEER 25211 333 MME 4,284 $ $ ‐ 5,356 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $

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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE Effective April 11, 2024 Title Job Code Grade Bargaining Unit Biweekly Minimum Biweekly Maximum Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 SUPERVISING FIRE VEHICLE MECHANIC 52800 614 FFA 3,544 $ $ 4,352 $ 3,544 $ 3,731 $ 3,927 $ 4,134 $ ‐ 4,352 $ ‐ $ ‐ $ ‐ $ SUPERVISING UTILITY BILLING ASSISTANT 45202 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ SUSTAINABILITY AND NATURAL RESOURCES ANALYST 22313 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SUSTAINABILITY AND NATURAL RESOURCES OFFICIAL 26110 340 MME 4,587 $ $ ‐ 5,733 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SUSTAINABILITY MANAGER 25302 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ SWEEPER OPERATOR 42905 406 CEA 2,100 $ $ 2,577 $ 2,100 $ 2,210 $ 2,326 $ 2,448 $ ‐ 2,577 $ ‐ $ ‐ $ ‐ $ SYSTEM APPLICATION SPECIALIST CONFIDENTIAL 32403 299 CNF 3,862 $ $ 4,741 $ 3,862 $ 4,065 $ 4,279 $ 4,504 $ ‐ 4,741 $ ‐ $ ‐ $ ‐ $ SYSTEM APPLICATION SPECIALIST I 42415 422 CEA 3,177 $ $ 3,900 $ 3,177 $ 3,344 $ 3,520 $ 3,705 $ ‐ 3,900 $ ‐ $ ‐ $ ‐ $ SYSTEM APPLICATION SPECIALIST II 42401 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ TECHNOLOGY PROJECT MANAGER 22308 326 MME 4,001 $ $ ‐ 5,001 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ TOURISM ANALYST 23302 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ TOURISM AND COMMUNITY PROMOTIONS MANAGER 25303 318 MME 3,699 $ $ ‐ 4,623 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ TRANSIT COORDINATOR 44406 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ TRANSPORTATION MANAGER 26207 333 MME 4,284 $ $ ‐ 5,356 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ TRANSPORTATION PLANNER‐ENGINEER I 41301 419 CEA 2,940 $ $ 3,609 $ 2,940 $ 3,095 $ 3,258 $ 3,429 $ ‐ 3,609 $ ‐ $ ‐ $ ‐ $ TRANSPORTATION PLANNER‐ENGINEER II 42302 423 CEA 3,262 $ $ 4,005 $ 3,262 $ 3,434 $ 3,615 $ 3,805 $ ‐ 4,005 $ ‐ $ ‐ $ ‐ $ TRANSPORTATION PLANNER‐ENGINEER III 43302 426 CEA 3,525 $ $ 4,328 $ 3,525 $ 3,711 $ 3,906 $ 4,112 $ ‐ 4,328 $ ‐ $ ‐ $ ‐ $ UNDERGROUND UTILITIES LOCATOR 42803 409 CEA 2,267 $ $ 2,783 $ 2,267 $ 2,386 $ 2,512 $ 2,644 $ ‐ 2,783 $ ‐ $ ‐ $ ‐ $ URBAN FOREST PROGRAM COORDINATOR / CITY ARBORIST 44303 422 CEA 3,177 $ $ 3,900 $ 3,177 $ 3,344 $ 3,520 $ 3,705 $ ‐ 3,900 $ ‐ $ ‐ $ ‐ $ URBAN FOREST SUPERVISOR/CITY ARBORIST 25212 300 MME 3,104 $ $ ‐ 3,880 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ URBAN FORESTER SBP 42906 473 CEA 2,088 $ $ 3,148 $ 2,088 $ 2,198 $ 2,314 $ 2,436 $ 2,564 $ 2,699 $ 2,841 $ 2,991 $ 3,148 UTILITIES ENGINEER 22309 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ UTILITIES SPECIAL PROJECTS MANAGER 25304 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ UTILITY BILLING ASSISTANT 42702 402 CEA 1,891 $ $ 2,322 $ 1,891 $ 1,991 $ 2,096 $ 2,206 $ ‐ 2,322 $ ‐ $ ‐ $ ‐ $ VOLUNTEER COORDINATOR 44603 408 CEA 2,209 $ $ 2,712 $ 2,209 $ 2,325 $ 2,447 $ 2,576 $ ‐ 2,712 $ ‐ $ ‐ $ ‐ $ WASTEWATER COLLECTION SYSTEM OPERATOR SBP 42907 480 CEA 2,389 $ $ 3,600 $ 2,389 $ 2,515 $ 2,647 $ 2,786 $ 2,933 $ 3,087 $ 3,249 $ 3,420 $ 3,600 WASTEWATER COLLECTION SYSTEM SUPERVISOR 25213 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ WATER CONSERVATION SPECIALIST 42416 421 CEA 3,096 $ $ 3,802 $ 3,096 $ 3,259 $ 3,431 $ 3,612 $ ‐ 3,802 $ ‐ $ ‐ $ ‐ $ WATER DISTRIBUTION CHIEF OPERATOR 44903 423 CEA 3,262 $ $ 4,005 $ 3,262 $ 3,434 $ 3,615 $ 3,805 $ ‐ 4,005 $ ‐ $ ‐ $ ‐ $ WATER DISTRIBUTION SUPERVISOR 25214 323 MME 3,883 $ $ ‐ 4,854 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ WATER DISTRIBUTION SYSTEM OPERATOR SBP 42908 480 CEA 2,389 $ $ 3,600 $ 2,389 $ 2,515 $ 2,647 $ 2,786 $ 2,933 $ 3,087 $ 3,249 $ 3,420 $ 3,600 WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 44904 425 CEA 3,435 $ $ 4,217 $ 3,435 $ 3,616 $ 3,806 $ 4,006 $ ‐ 4,217 $ ‐ $ ‐ $ ‐ $ WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 44905 427 CEA 3,619 $ $ 4,442 $ 3,619 $ 3,809 $ 4,009 $ 4,220 $ ‐ 4,442 $ ‐ $ ‐ $ ‐ $ WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN SBP 42909 485 CEA 2,725 $ $ 4,106 $ 2,725 $ 2,868 $ 3,019 $ 3,178 $ 3,345 $ 3,521 $ 3,706 $ 3,901 $ 4,106

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City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: April 2, 2024
TO: Mayor and Council
FROM: Aaron Floyd, Utilities Director
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 7A - INTRODUCE AN ORDINANCE AMENDING TITLE 8 (SOLID WASTE), TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND TITLE 15 (PLUMBING CODE) OF THE MUNICIPAL CODE
Staff received the following questions and comments regarding the proposed Ordinance Amendments, specifically Title 13 (Water and Sewer). The questions are below in bold with staff’s response shown in italics:
1) Please clarify the elimination of the requirement for common interest developments to complete a sewer lateral camera inspection by January 1, 2030 (pg. 554 of the agenda packet).

Common interest developments are multi-family and multi-commercial areas that often share a common sewer lateral within the parcel boundary. This subsection has been recommended for removal to be consistent and equitable with the inspection upon sale program, which does not assign a specific date for inspections completion. The following exceptions remain (and require an inspection) (see SLOMC 13.08.395(D)):
1) Whenever the city has issued a notice of violation following a sanitary sewer overflow event from a common interest development’s private sewer lateral; 2) An increase in the size of the water meter serving the common interest development.
2) How will HOAs, common interest developments, and community service organizations know of the restriction of irrigating non-functional turf will be in effect on January 1, 2029 (pg. of the agenda packet 507)? “Non-functional turf” is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf includes turf located within street rights-of-way and parking lots.

The non-functional turf requirements are new state regulations (AB 1572). Staff will be conducting extensive outreach to the community to ensure everyone has ample time to comply, which will include a series of targeted mailings, in-person presentations, and social media in multiple languages.

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Item 7a. Amendments to the Municipal Code for Utilities Page 2 3) Will the City consider increasing the rebate amount for private sewer lateral replacements?
Staff received this recommendation during the outreach process and will be evaluating potential increased rebate amounts. The increased amounts have not yet been determined, but would be reflective of inflationary trends associated with construction. Any action related to increased rebates for private sewer laterals will be addressed through a separate council action, which would be included as part of a future budget hearing.
4) Will the City entertain the concept of “in-lieu” offset fees as an alternative to lateral offset requirements?
At this time, staff has not considered or evaluated an “in-lieu” offset fee program as an alternative to physical offset requirements. The proposed municipal code changes allow future consideration of in-lieu offset requirements that would expand the capacity of city sewer infrastructure.

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Department: Utilities
Cost Center: NA
For Agenda of: 4/2/2024
Placement: Public Hearing
Estimated Time: 60 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Chris Lehman, Deputy Director – Wastewater Mychal Boerman, Deputy Director – Water
SUBJECT: INTRODUCE AN ORDINANCE AMENDING TITLE 8 (SOLID WASTE), TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND TITLE 15 (PLUMBING CODE) OF THE MUNICIPAL CODE

RECOMMENDATION
Introduce a Draft Ordinance entitled, “An Ordinance of the City Council of San Luis Obispo, California, amending Title 8 (Solid Waste), Title 12 (Stormwater), Title 13 (Water and Sewer), and Title 15 (Plumbing Code) of the City of San Luis Obispo Municipal Code.”

REPORT-IN-BRIEF
The proposed modifications and additions to multiple titles within the City’s municipal code aim to address various issues such as 1) solid waste management, 2) stormwater quality, 3) water and sewer services, and 4) plumbing code related to grease control devices.

In Title 8, concerning Health and Safety, revisions focus on regulating access to trash bins and complying with California State law AB1276 regarding single use foodware accessories and condiments.

Title 12 revisions center on stormwater quality management and discharge control, aligning with California State regulations and addressing private property drainage maintenance disputes.

Title 13 revisions cover water and sewer services, with updates reflecting California State water conservation regulations, cross-connection control, and concerns related to theft and unauthorized use of utility infrastructure. Sewer revisions target controlling Sanitary Sewer Overflows (SSOs) through improvements to the sewer lateral programs, and managing Fats, Oils, and Grease (FOG) discharge.

Title 15 revisions pertain to building and construction codes, including minor additions to plumbing standards to accommodate updated sizing calculations for grease control devices.

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Overall, these proposed revisions seek to enhance public health and safety, environmental protection, and regulatory compliance within the City’s municipal code.

They address emerging challenges and ensure alignment with state laws and regulations governing various aspects of municipal services and infrastructure.

POLICY CONTEXT
Proposed updates to the City’s existing municipal code ensure the protection of the health and safety of community members, the protection of City-owned infrastructure, and the protection of the environment. The proposed municipal code revisions are in alignment with state and federal laws regulating the conveyance of water, wastewater, and stormwater and with services related to solid waste and recycling. Proposed municipal code updates align with Major City Goals related to 1) Climate Action, 2) Housing, and 3) Fiscal Sustainability.

DISCUSSION
Modifications and additions proposed within Title 8, Title 12, Title 13, and Title 15 of the City’s municipal code largely impact solid waste and recycling, water services, sewer services, restaurant Fats, Oils, and Grease (FOG) management, and stormwater. This report summarizes staff’s recommended modifications and additions to the municipal code and is accompanied by a full list of municipal code revisions within Attachment A.

Structure of the Report
The ordinance proposed for introduction with this staff report includes recommended changes to several sections of the City’s Municipal Code. To facilitate clarity on code changes, this report organizes the modifications by Title, followed by a summary of the recommended changes therein. The report then lists the significant changes in each code section and concludes with an explanation of the potential impacts and actions that may result from the proposed code modifications.

A. Revisions to Title 8 – Health and Safety (Solid Waste) Title 8 includes code requirements pertaining to solid waste, including recycling and organic waste. Proposed changes in this chapter are being driven by the following two primary factors: (1) trash, recycling, and organics bins are being accessed by persons other than the property owners or staff, resulting in public nuisance and potential public and environmental health impacts; and (2) AB1276, a California State law that was made effective on January 2022, requires all food facilities and delivery platforms to provide single use foodware accessories and condiments only upon request. The City will serve as the lead enforcement agency for this requirement.

Revision Summary: Municipal Code §§8.04.180 & 210 – Clearing of Waste Matter, Debris, and Vehicles from Private Property
Requested modifications and additions to Sections 8.04.180 and 8.04.210 include the following:

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1. The City may require restaurants or businesses to install a locking mechanism on trash, recycling, and/or organics bin(s) if deemed necessary due to containers not being properly secured or maintained if trash/debris or if other environmental issues are prevalent. The cost of the locking mechanism will be at the businesses' expense as a one-time installation fee from the garbage company.

Revision Summary: 8.09 – Single-use foodware accessories and condiments Requested modifications and additions to Chapter 8.09 include the following:

1. Revise Chapter 8.09 to align with California Assembly Bill 1276, which requires all retail food facilities and food delivery platforms to provide single use foodware accessories and condiments upon request only. Single use foodware items cannot be bundled together. Single use foodware accessories and condiments can only be provided upon request, except at drive-throughs and airports, where staff can ask if a customer wants single use foodware accessories. Food facilities using third-party delivery platforms can only provide single use items and condiments that have been requested by a customer during the online ordering process. Foodware items covered by the law include single use utensils, straws, chopsticks, stirrers, and condiment cups and packets. Facilities found in violation of the law may be fined if education and outreach efforts are not effective. Self-serve stations are allowed if items are not bundled or wrapped.

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B. Revisions to Title 12 – Streets, Sidewalks and Public Places (Stormwater) Title 12 includes code requirements relating to streets, sidewalks, and public places. The chapter in focus, 12.08, is the City’s stormwater quality ordinance. Changes in this chapter are being driven by the California State Municipal Separate Storm System (MS4) regulations and clarity around drainage maintenance responsibilities on private property.

Revision Summary: Chapter 12.08 – Urban Stormwater Quality Management and Discharge Control
Requested modifications and additions to Chapter 12.08 include the following:

1. New and modified clarifying definitions of specific terms, including “incidental runoff” and “property owners” as defined in Section 12.08.030.

2. Erosion and Sediment Control Plan Submittals, and Stormwater Pollution Prevention Plan (SWPPP) submittals and related maintenance requirements are required for persons involved in operations or owning facilities which may result in pollutant discharge, as defined in Section 12.08.150.

3. Storm control measure (SCM) inspection requirement prior to occupancy, as defined in Section 12.08.220.

4. Clean up and abatement time requirements for discharges and other stormwater pollution, as defined in Section 12.08.240.

Potential Impacts of Proposed Changes to Title 8 - Health and Safety (Solid Waste)
Staff and business owners have witnessed issues related to the unauthorized removal of items from waste bins, resulting in problematic amounts of debris being scattered around the area of waste containers. Working with the City’s contract solid waste hauler, staff are recommending the ordinance change to require sites to have locking mechanisms installed on waste bins where issues have repeatedly occurred, and voluntary installation has not occurred, following outreach and education. Preliminary feedback from business owners indicates that voluntary compliance will be successful.

Other recommended changes include the updating of the City’s existing single use straw ordinance to include condiments and foodware as stated in and required by California Assembly Bill 1276. This change is reflective of current state law and these changes would likely result in less used single use foodware and condiment containers ending up in landfills and in the environment. While preliminary feedback from business owners indicates that voluntary compliance will be successful, the City and the Integrated Waste Management Authority (IWMA) will refine and expand outreach and education efforts this year. These efforts will include social media posts, distribution of informational stickers for restaurant owners to display, and helpful links on each agency’s website. If a resident notices potential non-compliance, they will be directed to submit a concern through the IWMA’s website. The IWMA will perform initial outreach, and if it is determined that the business is not in compliance, they will provide the necessary information to the City to enforce.

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C. Revisions to Title 13 – Public Services (Water and Sewer) Title 13 includes code requirements related to water and sewer public services provided to the community. This chapter discusses water conservation requirements as well as code requirements associated with potable water, recycled water, and sewer service delivery. Changes in the water sections of this chapter are being driven by updates to California State water conservation regulations, recycled water and cross connection control program code improvements, and concerns with tampering, theft, and unauthorized modification or use of City owned utility infrastructure.

Sanitary sewer code changes are required to control Sanitary Sewer Overflows (SSOs) and to manage increased sewer maintenance requirements resulting from Fats Oils and Grease (FOG) discharge to the City-owned sanitary sewer system. Staff are also proposing code updates that reflect feedback received from the community at outreach events related to the sewer lateral offset program and sewer backflows into private residences and businesses.

Revision Summary: Chapter 13.04 – Water Service
Requested modifications and additions to Chapter 13.04 include the following:

1. The addition of Subsection 13.04.060(H), which allows the City to disconnect a customer from water service at the City’s water main to prevent water theft or a risk to public health and safety.

2. The addition of Section 13.04.070, which authorizes the City to issue a penalty of up to $1,000 and pursue cost recovery if an individual tampers with a curbstop, water meter, backflow device, or fire hydrant with the intent of stealing water from the City.

3. The addition of Subsection 13.040.130(D)(5), which authorizes the City to bill a customer and recover all associated costs if a customer intentionally removes and reinstalls their water meter backwards with the intent of defrauding the City of water revenue.

4. The addition of Subsection 13.040.130(K), which references California Green Building Code standards for the addition of submeters.

Potential Impacts of Proposed Changes to Chapter 12.08 – Urban Stormwater Quality Management and Discharge Control
The proposed modifications to Chapter 12.08 are in alignment with the conditions and program requirements detailed in the City’s MS4 stormwater permit. The inclusion of the definition of “property owner” clarifies maintenance responsibilities for private drainage systems and includes language for joint property ownership and common interest developments, including homeowner’s associations. Items two through four memorialize existing practices for consistent application, which are defined and required by the City’s MS4 permit.

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5. The addition of language to Subsection 13.04.150(E) that authorizes staff to trim or remove plants and other materials to access water meter boxes in case of emergency or if the customer neglects to provide reasonable access.

6. The addition of language to Subsection 13.04.150(F) that authorizes individuals to install remote flow monitoring devices on City-owned water meters with Utilities Department Director approval.

7. The addition of Subsections 13.04.160(B-D), which authorize the City to require backflow prevention device installation on sites adjacent to those utilizing recycled water, require that parcel owners maintain backflow devices in accordance with local, state, and federal law, and that the City has the right to discontinue water service to any property that does not comply with backflow device maintenance and/or inspection requirements.

8. The addition of language to Subsection 13.04.200(A), and the addition of Subsection 13.04.200(B), which regulate the use of City owned and privately owned fire hydrants that are connected to the City’s water distribution system, with the intent of reducing water theft and the potential for damage to City infrastructure resulting from unauthorized use of this infrastructure.

9. The addition of Subsection 13.04.240(D), which, in alignment with the State’s Executive Order N-7-22, ensures that prior to the installation of a new groundwater well, or the alteration of an existing well, that a property owner receive written permission from the City, ensuring that the action is not inconsistent with the adopted Groundwater Sustainability Plan.

10.The addition of language to Section 13.04.250 that increases the penalty for unauthorized operation of City-owned, water conveying infrastructure to an amount not to exceed $1,000. This section is also being amended to allow an employee and employer to be held jointly and severally liable for such action.

Revision Summary: Chapter 13.06 – Mandatory Indoor Plumbing Retrofit Standards Requested modifications and additions to Chapter 13.06 include the following:

1. Defining “low-water-use plumbing fixtures”, included in Section 13.06.010, to comply with the California Green Building Code.

Potential Impacts of Proposed Changes to Chapter 13.04 – Water Service The majority of impacts associated with the proposed changes to the above-stated water-related sections of the municipal code would be to those individuals or parties involved in illegal activities related to water theft or the illegal operation of City-owned infrastructure.

There may also be impacts to parties that intend to install new groundwater wells or alter existing groundwater wells within the San Luis Obispo Valley Groundwater Basin.

This code section, in alignment with State law, would ensure that the addition of new groundwater wells, or expansion of an existing well, would not impact local groundwater supplies.

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2. The addition of language to Section 13.06.050 that allows home inspectors, in addition to plumbers and contractors, to inspect and verify the use of low-flow fixtures to meet compliance with program requirements.

3. The addition of Subsection 13.06.080(C), which clarifies that if non-compliance with code requirements is appealed, the decision of the appeals board shall be considered final, and the party aggrieved by the decision may seek judicial review with the San Luis Obispo Superior Court.

4. Modifications to Section 13.06.090 that clarifies enforcement, citation, and fines due to non-compliance with code requirements will be subject to enforcement provisions outlined in Chapter 1.12 and Chapter 1.24.

Revision Summary: Chapter 13.07 – Water Conservation
Requested modifications and additions to Section 13.07 include the following:

1. Modification of Section 13.07.020 to reduce the allowable time for repairs due to “water waste runoff” from ten days to 72 hours in alignment with State stormwater runoff requirements.

2. The modification of Section 13.07.050 regarding enforcement due to noncompliance with code requirements, allowing the City to utilize the standard enforcement mechanisms outlined in Chapter 1.12 and Chapter 1.24 of the municipal code.

3. The addition of Subsection 13.07.060(D), Subsection 13.07.060(F), and

13.07.070(C)(6), which restrict the use of potable water for the irrigation of “non-functional turf” located on specifical classifications of properties. In compliance with California state law, restrictions are proposed to become effective as follows:
a. January 1, 2027, for all properties owned by the California State Department of General Services.
b. January 1, 2028, for all institutional, commercial, and industrial properties.
c. January 1, 2029, for all common areas of properties of homeowners’ associations, common interest developments, and community service organizations.
d. January 1, 2031, for call properties owned by local governments, local public agencies, and public water systems within a disadvantaged community.

Potential Impacts of Proposed Changes to Chapter 13.06 – Mandatory Indoor Plumbing Retrofit Standards
Proposed changes to the indoor plumbing section of the municipal code would serve to clarify terms, allow for broader qualifications of accepted plumbing fixture inspectors, and clarify the appeals process and enforcement and penalties, if required, due to noncompliance.

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Revision Summary: Chapter 13.08 – Sewers
Requested modifications and additions to Chapter 13.08 include the following:

1. Modifications to Section 13.08.040 would provide additional language allowing mass-based pollutant discharge limits as an alternative method at the discretion of the Utilities Director. This section would also require notifications for draining pools with a volume of 500,000 or greater to the city’s sanitary sewer.

2. Modifications and additional requirements relating to Fats, Oils, and Grease (FOG) control (13.08.090) would apply to food service establishments in the areas of used cooking oil handling, inspection and training requirements, and best management practices (BMPs).

13.08.090 also proposes code updates for Grease Control Devices (GCD) in food establishments. These are specifically related to sizing requirements, replacement requirements, and the ability of the City to require upgrading of improperly functioning devices. The section also proposes clarity on maintenance and reporting requirements.

3. Modifications to Section 13.08.390 would require backwater devices to be compliant with the California Plumbing Code and would restate that the property owner is responsible and liable for any damage resulting from improper device installation and maintenance.

4. Proposed language modifications in Section 13.08.395 would clarify that private sewer lateral inspections are required for properties in common interest developments that have systems owned and maintained by the City. Changes also remove the deadline of January 1, 2030, for common interest development private sewer lateral system inspections.

Changes in this section also serve to clarify conditions requiring private sewer lateral replacement. Specifically, if an inspection of a non-compliant sewer lateral was conditioned due to a sanitary sewer overflow, from findings of infiltration and intrusion, or from a lateral with defects having not met pipe material requirements, the lateral must be completely replaced rather than Potential Impacts of Proposed Changes to Chapter 13.07 – Water Conservation The proposed modifications in the water conservation section align the City’s municipal code to be consistent with existing State law related to the conservation of potable water supplies. Staff will provide ongoing updates to the City Council and impacted community members related to new Statewide regulations restricting the irrigation of non-functional turf. Non-functional turf restrictions are scheduled to become effective over a five-year period, beginning in January 2027, and only apply to specific property classifications.

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repaired. The proposed modifications would require conditioned replacements of the entire lateral to be completed within 180 days.

5. Proposed language modifications to Section 13.08.396 are related to the wastewater flow offset program, which resulted from a 2016 legal settlement between the City and California River Watch, and the health and safety findings presented to council in subsequent years leading up to the adoption of the program in 2019. Changes in this section would expand discretion for wastewater flow offsets to include “in-lieu” offsets at the Utility Director’s discretion, allow for “on-site” offset credits for same parcel single-family residence intensification projects (including ADUs), and allow single-family ADU projects to submit and apply for offset in different capacity constrained basins provided an equivalent reduction in infiltration and intrusion is achieved.

6. Lastly, section 13.08.480 is proposed to modify the appeals process to be consistent with the terms defined in Section 1.24.090, allowing director review and appeals of administration citations to a hearing board, pursuant to Section

1.24.100.

Potential Impacts of Proposed Changes to Chapter 13.08 – Sewers The significant proposed changes in this section of the municipal code would allow for possible alternative discharge limits to be considered for industrial dischargers. The proposed changes would provide additional requirements for grease control devices.

The intent of these changes is to ensure adequate sizing and maintenance of these devices to ensure continued public and environmental health. This section also clarifies the need for proper installation and maintenance of backwater devices, which serve to protect against sewage backup.

After hearing from stakeholders, proposed modifications to the current sewer lateral replacement program are included in this recommendation. The proposed changes to this section provide additional discretion to staff that allow alternative paths for offset requirements that serve to support development while still meeting the intent of the private sewer lateral program, which aims to protect public and environmental health by ensuring sufficient capacity to convey sewage. Additional updates to the lateral offset program may be considered after a system-wide flow study is completed and delivered in the fall of 2024. The Utilities Department is also evaluating increasing rebate amounts for private sewer lateral replacements to keep pace with inflationary trends as part of future budget processes.

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Revision Summary: Chapter 13.24 – Recycled Water Service Requested modifications and additions to Chapter 13.24 include the following:

1. The addition of Subsections 13.24.020(B-G), which clarify existing restrictions on the use of recycled water, in alignment with State law and the City’s Procedures for Recycled Water Use policies.

D. Revisions to Title 15 – Buildings and Construction
Title 15 includes code requirements related to building, construction, and safety, which are enforced by the Community Development Department.

Revision Summary: Chapter 15.02 – Building Codes Adopted Requested additions to Chapter 15.02 include the following:

1. A minor addition to the code section that describes plumbing standards,15.02.050, making reference to the new language in section

13.08.090 that includes updated sizing calculations for grease control devices.

Previous Council or Advisory Body Action
On City Council approved Ordinance No 1665 (2019 Series), amending Chapter 13.08 of the San Luis Obispo Municipal Code Creating a Sewer Lateral Inspection and Offset Program.

Public Engagement
Staff have conducted outreach to individual stakeholders through a series of nearly three dozen meetings with developers, realtors, residential and commercial property owners, the Integrated Waste Management Authority (IWMA), San Luis Garbage, the Downtown San Luis Obispo Association, and the San Luis Obispo Chamber of Commerce to solicit feedback and generate recommendations on refining the existing and proposed drafted language in the ordinances discussed in this report. Larger group stakeholder events were also conducted, which are summarized below.

Potential Impacts of Proposed Changes to Chapter 13.24 Recycled Water The changes to the municipal code in this section would ensure consistency with State law and previously adopted City policies and allow the City more clarity when enforcement action is necessary for non-compliance with recycled water regulations.

Potential Impacts of Proposed Changes to Chapter 15.02 - Building Codes Adopted
Proposed changes to this section of the municipal code would ensure that grease control devices are properly sized and protective of the sanitary sewer system.

Potential Impacts of Proposed Changes to Chapter 15.02 - Building Codes Adopted
Proposed changes to this section of the municipal code would ensure that the requirements in Title 13 for grease control devices are being properly sized and protective of the sanitary sewer system are also addressed through Title 15 and the building permit process.

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Staff presented and discussed private sewer lateral program elements with the Association of Realtors on April 25, 2022, August 22, 2022, August 30, 2022, November 15, 2022, August 16, 2023, and on January 19, 2024. Feedback from the Realtors will be crucial in focusing outreach and education efforts to maximize the effectiveness of the programs.

On February 15, 2024, staff presented draft changes to the City’s private sewer lateral offset program to 30 attendees at the Developers Round Table (DRT). Developer stakeholders from the public provided feedback similar to individual feedback that staff has received since the adoption of the program in December 2019. Stakeholders were interested in potential exemptions, assistance with finding offsets, and learning more about program offramps and about the progress made to date. Staff informed DRT participants of the current sewer system flow study, which is expected to be completed in the summer of 2024 and will provide updated sewer system capacity modeling, among other things. The prior flow study was conducted in 2012 and provides the basis for the current private sewer lateral offset program. Staff will use the results of the study to determine future capital improvement projects and the boundaries of capacity constrained sewer basins.

On February 20, 2024, staff presented to a stakeholder group consisting of restaurant operators and commercial property owners. Over 300 stakeholders were invited to the event through direct email outreach. The “Restaurant Forum” was held to present and solicit feedback from the business community on draft changes relating to single use foodware, locking dumpsters, and Fats, Oils, and Grease (FOG) control requirements.

Attendees were receptive to the concepts presented and provided valuable feedback that will assist staff focus outreach and education efforts on grease control device servicing and sizing, the use of compostable single use foodware, and voluntary locking dumpster retrofits.

On February 22, 2024, the Construction Board of Appeals received a presentation by staff on the proposed changes to Municipal Code section 13.08.090 (FOG Discharge Control Program Requirements) and Chapter 15.02 as it pertains to the California Plumbing Code. Although the Board did not provide a formal recommendation, the presentation and following discussion generated practical feedback on sizing calculations and considerations for business turnover, which staff have reflected in the final version of the proposed updated ordinance.

In February 2024, staff constructed a webpage to present potential ordinance changes described in this report, and have encouraged the community to reach out with questions and feedback. As new questions are received, they are published on the website as Frequently Asked Questions (FAQs). Notification of the public hearing will be circulated as a legally required advertisement in New Times San Luis Obispo.

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CONCURRENCE
The City Attorney’s Office, Public Works Department, and Community Development Department have provided input on, and concur with the proposed municipal code revisions.

ENVIRONMENTAL REVIEW
The proposed ordinance revisions are exempt from environmental review per California Environmental Quality Act (CEQA) Statute (Public Resources Code Section 21000, et seq.) and State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because the ordinance revisions are within certain classes of projects that have been determined not to have a significant effect on the environment.

The proposed ordinance revisions and additions qualify for exemptions as follows:

Section 15301 (Existing Facilities) because the operation, repair, maintenance, and minor alteration of existing water and sewer infrastructure and accessory equipment would involve negligible or no expansion of existing use; Section 15303 (New Construction or Conversion of Small Structures) because the new structures and accessory equipment (such as sewer laterals, manholes, backflow devices, pre-treatment devices, flow monitoring devices, and sub-meters) are small and would only require minor modifications; Sections 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the solid waste, recycled water, irrigation, water conservation, and groundwater management-related ordinance revisions are proposed consistent with State laws to assure the maintenance, restoration, or enhancement of a natural resource (including, but not limited to surface and groundwater resources and land resources related to reductions in landfill waste) and the ordinance revisions are proposed to assure the maintenance, restoration, enhancement, and protection of the environment and include procedures for the protection of the environment, including but not limited to the protection of water quality, the avoidance and minimization of sewage overflows and spills, the avoidance and reduction of litter adversely impacting water quality and surrounding land, and reductions in landfill solid waste; and Section 15309 (Inspections) and 15321 (Enforcement Actions by Regulatory Agencies) because the ordinance revisions include clarified procedures and requirements for inspections and enforcement procedures and actions.

FISCAL IMPACT
Budgeted: NA Budget Year: NA
Funding Identified: NA

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Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:

Total $0 $0 $0 $0
The proposed ordinance revisions would result in minimal or no noticeable impacts to the City’s finances. Should impacts requiring adjustment to the budget be identified, staff will return to Council at a later date to describe the need and recommend adjustments as necessary.

ALTERNATIVES

1. The City Council could decide to not approve any sections of the proposed updates. This action is not recommended by staff because all proposed municipal code revisions or additions will help the City to ensure the protection of public health and safety, protection of the environment, and ensure compliance with state and federal regulations.

2. The City Council could decide only to approve specific sections of the proposed updates. This action is not recommended by staff because all proposed municipal code revisions or additions will help the City to ensure the protection of public health and safety, protection of the environment, and ensure compliance with state and federal regulations. If Council decided to only approve certain sections, Council would need to approve the introduction of the modified ordinance and the modified ordinance would require a second reading. Substantive modifications would require reintroduction and another second reading.

ATTACHMENTS
A - Draft Ordinance Amending Title 8 (Solid Waste), Title 12 (Stormwater, Title 13 (Water and Sewer), and Title 15 (Plumbing code) of the San Luis Obispo Municipal Code.

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O ______
ORDINANCE NO. _____ (2024 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TITLE 8 (SOLID WASTE), TITLE 12 (STORMWATER), TITLE 13 (WATER AND SEWER), AND TITLE 15
(PLUMBING CODE) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, trash, recycling and organics bins must be maintained to prevent public nuisance and environmental health impacts; and
WHEREAS, California Assembly Bill 1276 requires all food facilities and delivery platforms to provide single-use foodware accessories and condiments upon request; and WHEREAS, the City’s Municipal Separate Sanitary Sewer System permit has specific requirements that must be adopted; and
WHEREAS, the City’s General Plan supports development and redevelopment of sites that will accommodate the community’s future growth in areas with capacity constraints in the wastewater collection system; and
WHEREAS, the City must provide capacity assurance consistent with its adopted Sewer System Management Plan and Statewide General Waste Discharge Requirements; and
WHEREAS, private sewer laterals contribute significant inflow and infiltration contributing to capacity constraints, surcharging, and overflows in the wastewater collection system during peak wet weather events; and
WHEREAS, fats, oils and grease discharge control from commercial properties is necessary to prevent blockages that may result in sanitary sewer overflows; and WHEREAS, disconnection of water service is necessary in specific scenarios in order to protect public health and safety; and
WHEREAS, the implementation of cross-connection control program, in alignment with the California State Cross-Connection Control Policy Handbook, is essential to the protection of water quality and public health; and
WHEREAS, California State Executive Order N-7-22 requires the protection of groundwater resources and the regulation of groundwater well installation in basins subject to the Sustainable Groundwater Management Act; and WHEREAS, effective water waste prohibitions ensure compliance with state law and ensure the conservation of potable water supplies; and

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Ordinance No. _____ (2024 Series) Page 2
O ______
WHEREAS, the California Green Building Code defines low water use fixtures in alignment with California State law; and
WHEREAS, California Assembly Bill 1572 restricts the irrigation of non-functional turf.

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

SECTION 1. Environmental Review. The proposed ordinance revisions are exempt from environmental review per California Environmental Quality Act (CEQA) Statute (Public Resources Code Section 21000, et seq.) and State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because the ordinance revisions are within certain classes of projects that have been determined not to have a significant effect on the environment. The proposed ordinance revisions and additions qualify for exemptions as follows: Section 15301 (Existing Facilities) because the operation, repair, maintenance, and minor alteration of existing water and sewer infrastructure and accessory equipment would involve negligible or no expansion of existing use; Section 15303 (New Construction or Conversion of Small Structures) because the new structures and accessory equipment (such as sewer laterals, manholes, backflow devices, pre-treatment devices, flow monitoring devices, and sub-meters) are small and would only require minor modifications; Sections 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the solid waste, recycled water, irrigation, water conservation, and groundwater management-related ordinance revisions are proposed consistent with State laws to assure the maintenance, restoration, or enhancement of a natural resource (including, but not limited to surface and groundwater resources and land resources related to reductions in landfill waste) and the ordinance revisions are proposed to assure the maintenance, restoration, enhancement, and protection of the environment and include procedures for the protection of the environment, including but not limited to the protection of water quality, the avoidance and minimization of sewage overflows and spills, the avoidance and reduction of litter adversely impacting water quality and surrounding land, and reductions in landfill solid waste; and Section 15309 (Inspections) and 15321 (Enforcement Actions by Regulatory Agencies) because the ordinance revisions include clarified procedures and requirements for inspections and enforcement procedures and actions.

SECTION 2. Chapter 8.04 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 8.04 - SOLID WASTE, RECYCLING, AND ORGANIC WASTE Sections:

8.04.210 Clearing of waste matter and, debris and vehicles from private property.

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Ordinance No. _____ (2024 Series) Page 3
O ______

8.04.070 Use of disposal service mandatory—Collection of charges.

A. The city has determined that periodic collection and disposal of waste from all developed properties in the city benefits all occupants of developed properties in the city.

B. The city will provide waste collection and disposal service through its franchisee; and all developed properties in the city must use the city’s waste collection and disposal service, except that there may be joint or multiple use of waste containers, subject to conditions established by the city.

C. The franchisee shall collect all fees for waste collection and disposal.

D. The owner of developed property shall be responsible and liable for paying the waste collection and disposal fees for that property, although the franchisee will bill a tenant if requested by the owner.

E. The owner of developed property shall be responsible for modifying frequency and volume of waste collection and disposal service to remain compliant with this chapter.

F. Once each year, prior to a date established by the city, the franchisee may take the following actions to collect delinquent waste collection and disposal accounts:

1. Present to the city a list of property owners (with corresponding parcel numbers) within the city whose accounts are more than one hundred twenty days past due;

2. Send a certified letter requesting payment to each property owner with a delinquent account;

3. At least thirty days after receiving delivery certification for payment requests, present to the city a list of property owners (with corresponding parcel numbers) whose accounts are still past due.

G. After the franchisee has completed all of the actions listed in subsection F of this section, the Ccity Ccouncil will adopt a resolution in accordance with applicable law authorizingdirecting the San Luis Obispo Ccounty assessor Auditor to assess place the amounts due on delinquent accounts as liens against the properties. The franchisee shall bear the full cost of any delinquent fees charged by the San Luis Obispo county assessor to lien affected properties. (Ord. 1706 § 9, 2021; Ord. 1176 § 3, 1990: prior code § 5200.6)

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8.04.180 Owner’s responsibility to maintain premises free of debris and waste matter.

The owner or person in control of any private property shall, at all times, maintain the premises free of waste, debris, or any other waste material, except pursuant to a permit approved by the Ccity Eengineer for fill and compaction work; and provided, that this section and Section 8.04.170 shall not prohibit the temporary storage of such waste materials in private receptacles for collection. (Ord. 1706 § 19, 2021; prior code § 5200.17)
The owner, the customer of the franchisee, or person in control of any private premises shall, at all times, except when accessing the affected container, keep any locking mechanism required pursuant to Section 8.04.210 engaged such that the container is locked and access to the container is restricted. The owner, the customer, or person in control of the premises shall also maintain any locking mechanism required pursuant to Section 8.04.210 in good working order at all times.

8.04.210 Clearing of waste matter and , debris and vehicles from private property.

A. Notice to Remove. The city engineer is Those persons so authorized and empowered by Section 8.04.220 to enforce the provisions of this Chapter may to notify the owner, his or her agent, the customer, or person in control of any private premises within the ccity, to dispose of waste matter prohibited by Sections 8.04.170 through 8.04.190. and/or impose preventative measures to stop the continued accumulation of prohibited waste matter on the premises. Such notice shall be given by posting upon the private premises and by certified mail addressed to the owner, his or her agent, the customer or such other person at his or her last known address, or by personal service on the owner, agent, the customer, or person in control or occupant of the property.

B. Content of Notice; locking mechanism. . The notice shall describe the work to be done and shall state that if the work is not completed within five days after receipt of noticecommenced within five days after receipt of notice and diligently prosecuted to completion without interruption, City staff may the city engineer shall dispose of the prohibited waste matter and may, at the City’s discretion, impose preventative measures to stop continued accumulation of prohibited waste matter, including but not limited to, installation of a locking mechanism on any container at the premises. litter The notice

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shall state that any required locking mechanism will be installed by the franchisee and that the customer shall reimburse the franchisee for the and the cost of the locking mechanism and associated installation. The notice shall further state that the cost incurred by the City to remove and dispose of prohibited waste matter and any incidental expenses thereof shall be a lien on the property. The notice shall be substantially in the following form:

NOTICE TO REMOVE WASTE MATTER AND IMPOSITION OF

PREVENATIVE MEASURES
The owner, his or her agent, the customer, or person in control of the property premises described as
follows:_________________________________________________________ ________________________ commonly known as
_______________________________________________________________ _________________ is hereby ordered to properly dispose of the waste matter located on the propertypremises, to wit, within five days from the date thereofof this notice. If the disposal of the waste matter herein indicated is not commenced and diligently prosecuted to completioncompleted within five days, the time fixed herein, the city engineerstaff of the City of San Luis Obispo shall cause such disposal to be done, and may impose preventive measures to stop the continued accumulation of prohibited waste matter, including ordering installation of a locking mechanism on any container at the premises. Tthe cost thereofincurred by the City to remove and dispose of prohibited waste matter, including any incidental expenses, will be made a lien upon said property, pursuant to the provisions of Municipal Code Section 8.04.210 Ordinance No. 250 of the City of San Luis Obispo. Any locking mechanisms required by the City as a preventative measure shall be installed by [FRANCHISEE] and the cost of the locking mechanism and associated installation shall be assessed by [FRANCHISEE] directly to the customer for reimbursement to [FRANCHISEE].

Estimated Cost of Disposal $____________
Estimated Cost of Locking Mechanism Installation $____________ (to be assessed by [FRANCHISEE] directly to the customer)

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The estimates provided above may not be the full or actual costs that will be assessed against the customer upon abatement by the City.

Date__________
City Engineer[CITY ENGINEER] of the City
of San Luis Obispo
C.C. City Engineer to Keep Record. The city engineer shall cause to be kept in his or her office a permanent record containing: (1) a description of each pared of property for which notice to dispose of waste matter has been given; (2) the name of the owner, if known; (3) the date on which such notice was mailed and posted; (4) the charges incurred by the city in disposing of waste matter, and all incidental expenses in connection therewith; and (5) a brief summary of the work performed. Each such entry shall be made as soon as practicable after completion of such act.

D. Action Upon Noncompliance. Upon the failure, neglect or refusal of any the owner, the customer, or agent or person in control of the premises so notified to fully and properly dispose of the waste matter within five days after notice has been given as provided in this section, or within ten days after the date of mailing such notice in the event the post office department is unable to make delivery thereof, provided the same was properly addressed to the last known address of such owner, the customer, or agent, or person in control of the premises, the Ccity Eengineer may order disposal of the waste by city forces and impose preventative measures to stop continued accumulation of prohibited waste matter on the premises, including but not limited to, requiring installation of a locking mechanism on any container at the premises at the customer’s expense. In determining whether to impose preventative measures, is authorized and empowered to pay for the disposal of such waste matter out of the city funds or to order its disposal by city forces.

Tthe cCity Eengineer shall consider any information and/or evidence obtained from the City Engineer’s and his (or her their authorized representative’s) own observations, the franchisee, code enforcement officers, police department employees, other City staff, or in substantiated written complaints by any person, that the premises have not been maintained free of waste matter., including any contractor with whom he or she contracts hereunder, and assistants, employees or agents of such contractor, are authorized to enter upon the property for the purpose of disposing of the waste matter described in the notice. Before the Ccity Eengineer, or an authorized representative described above,

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arrives to implement a preventative measure, any property owner may dispose of the waste matter at his or herdo so at their own expense. If the City or its agents is refused entry for the purposes of disposing waste matter or implementing preventative measures as discussed herein, the City shall seek the assistance of any court of competent jurisdiction to authorize entry by City staff or franchisee acting on behalf of the City. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or its agents to enter upon the premises for the purposes set forth above. The City Engineer, or their authorized representative, may order immediate abatement of any violation of this section that constitutes an immediate and significant threat to the health, safety, or well-being of the public.

ED. Charge Statement of Coststo Owner. When the cCity or franchisee has effected theremoved, paid for removal of such prohibited waste matter, installed, or has paid for the installation of any preventative measures, its removal, the actual cost thereof, plus accrued interest at the rate of six percent per year from the date of the completion of the work, shall be charged to the owner of such the premisesproperty and the owner, or his or her agent, shall be billed therefor by mail, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill will result in a lien, accrual of interest, and imposition of a delinquent penalty.

FE. Recorded Statement Constitutes a Lien. Where the full amount due the Ccity is not paid by such owner within thirty days after date of the billing by the city engineer, the City Engineer, or their authorized representative, he or she shall cause to be recorded filed with the city clerk a sworn or certified statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property premises on which the waste disposal work was done. The City Council shall confirm the costs of abatement under this section at a public hearing prior to recordation of the lien with the appropriate offices of the County of San Luis Obispo. The recordation of such sworn or certified statement shall constitute a lien on the propertypremises, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. The costs and expenses shall be subject to a delinquent penalty of ten percent in the event same is not paid in full on or before the date the amount due becomes a lien. Sworn or certified statements recorded in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the

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statement, plus interest and costs, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

The city clerk shall record the lien. The remedy provided in this section is cumulative to other remedies available to shall notthe City and shall not constitute an election of remedies by the Ccity. (Prior code § 5200.20)
SECTION 3. Chapter 8.09 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 8.09 - SINGLE-USE STRAWSFOODWARE ACCESSORIES AND STANDARD

CONDIMENTS
Sections:

8.09.020 Beverage straws upon requestSingle-use foodware accessories and standard condiments.

8.09.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale, or as otherwise defined in Section 42270(a) of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.

A. “Dine-in customer” means a customer that consumes a food or beverage order on the same premises it was ordered.
“Self-service dispenser” means a container or equipment that is used to hold disposable foodware accessories for consumers to obtain at their discretion.

B. “Single-use” means a product that is designed to be only used one time in its same form by the customerconsumer, food vendor, or entity.
“Single-use foodware accessory” means all the following single-use items provided alongside ready-to-eat food: utensils, which includes forks, knives, spoons, sporks;

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chopsticks; standard condiment cups and packets; straws; stirrers; splash sticks; and cocktail sticks, or, as otherwise defined in Section 42270(e) of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time. “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes, or, as otherwise defined in Section 42270(f) of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time.

C. “Take-out food orders” means prepared meals or other food or beverage items that a customer consumer purchases at a Vendor, but not through a third-party food delivery platform, n establishment and are intended for consumption elsewhere. “Third-party food delivery platform” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer or as otherwise defined in Section 42270(g) of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time. For the purposes of this definition, a food facility includes a restaurant, but not a grocery store or other similar establishment used primarily to sell the customer fresh produce, meat, poultry, fish, deli products, dairy products, perishable beverages, baked foods, and prepared foods.

D. “Vendor” means any business providing food or beverages within the cCity of San Luis Obispo, including a food facility as defined in Section 42270(b) of the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time. (Ord. 1640 § 3 (part), 2017)

8.09.020 Beverage straws upon request.Single-use foodware accessories and standard condiments.

A. On or after March 1, 2018, any vendor shall ask each dine-in customer if the customer wants a single-use beverage straw before providing a single-use beverage straw to the customer. (Ord. 1640 § 3 (part), 2017)Vendors, for onpremises dining or when using a third-party food delivery platform, shall only

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distribute single-use foodware accessories and standard condiments upon the request of the consumer or from self-service dispensers for consumers to obtain as needed. This paragraph does not apply to take-out food orders.

1. Vendors using third-party food delivery platforms shall customize its menu with a list of available single-use foodware accessories and standard condiments and shall provide only those single-use foodware accessories or standard condiments selected by the consumer. If a consumer does not select any single-use foodware accessories or standard condiments, the vendor shall not provide any single-use foodware accessories or standard condiments.

2. Third-party food delivery platforms shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility.

B. Vendors shall not package or bundle single-use foodware accessories and standard condiments in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment. This paragraph applies to take-out food orders.

C. Vendors are encouraged, but not required, to use bulk dispensers for condiments rather than condiments packaged for single-use and to take other actions in addition to the requirements of this chapter that support the goal of reducing the use of and waste generated by all single-use food service products.

A.D. It is otherwise unlawful for any food provider to violate California Public Resources Section 42270 through 42273 concerning single-use foodware accessories and standard condiments.

8.09.030 Exceptions.

This section shall not apply to the following institutions or facilities:

A. Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.

B. Health care facilities licensed pursuant to Article 1 (commencing with Section

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1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1240) of Division 2 of the Health and Safety Code.

C. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

A. D. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.Take-out food orders are exempt from this chapter. (Ord. 1640 § 3 (part), 2017)

8.09.040 Implementation and enforcement.

A. In addition to any other remedy authorized by this code, any violation of the provisions of this chapter by any person or restaurant is subject to administrative fines as provided in Chapter 1.24. (Ord. 1640 § 3 (part), 2017) The City, or its designee, is authorized to enforce the provisions of this chapter, and at its discretion, pursue any of the following legal actions to enforce the provisions of this chapter:

1. Criminal Actions and Penalties. Any person, vendor, or third-party food delivery platform violating or causing a violation of this chapter may be issued a notice of violation for the first and second violation and for each subsequent violation, shall be guilty of an infraction, which upon conviction shall be punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

2. Administrative Citation and Penalties. Any person, vendor, or third-party food delivery platform violating or causing a violation of this chapter may be issued an administrative notice of noncompliance and provided a reasonable opportunity to correct, subject to administrative fines as provided in Chapter 1.24.

B. Remedies are Cumulative. All remedies contained in this chapter for violations of this chapter or enforcement of the provisions of this chapter shall be cumulative

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and not exclusive of any other applicable provisions of city, county, or State law.

SECTION 4. Chapter 12.08 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 12.08 - URBAN STORM WATERSTORMWATER QUALITY MANAGEMENT

AND DISCHARGE CONTROL
Sections:

12.08.100 Exceptions to illegal discharge.

12.08.120 Waste disposal and drainage prohibitions.

12.08.140 Compliance with industrial or construction activity NPDES storm waterstormwater discharge permit.

12.08.150 Requirement to prevent, control, and reduce storm waterstormwater and pollutants.

12.08.210 Reporting and remediating discharges—Retention of records.

12.08.240 Appeal.

12.08.2450 Abatement by city; City’s remedies.

12.08.2560 Urgency abatement.

12.08.2670 Charging cost of abatement/liensNuisance abatement lien.

12.08.2780 Violations - penalties.

12.08.2890 Acts potentially resulting in a violation of the Clean Water Act and/or the Porter-Cologne Act.

12.08.010 Title.

This chapter may also be cited as the “storm waterstormwater quality ordinance” of the city of San Luis Obispo. (Ord. 1543 § 2 (part), 2010)

12.08.020 Purpose and intent.

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the quality of watercourses and water bodies in a manner pursuant to and consistent with the Clean Water Act by reducing pollutants in storm waterstormwater discharges to the maximum extent practicable, by prohibiting nonPage 518 of 658 Ordinance No. _____ (2024 Series) Page 13
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storm waterstormwater discharges to the storm drain system, and improving storm waterstormwater management. (Ord. 1543 § 2 (part), 2010)

12.08.030 Definitions.

The terms used in this chapter shall have the following meanings:

A. “Administrative technical documents” or “ATD” means the following documents adopted by the city. The most current versions of these documents shall be considered in use for purposes of interpreting this chapter.

1. Storm drain map;

2. Waterway management plan;

3. Waterway management plan appendix;

4. Waterway management plan drainage design manual;

5. Waterway management plan stream management and maintenance program;

6. Waterway management plan stream management and maintenance program Appendix A;

7. Waterway management plan environmental impact statement/report for public hearing;

8. Creek and flood protection fee schedule;

9. City engineering standards;

10. City engineering standard specifications;

11. City of San Luis Obispo storm water management plan;

12. Community design guidelines.

AB. “Authorized representative” means that person designated in writing to the director by the property owner to act on behalf of the property owner.

BC. “Best management practice” or “BMP” means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the storm drain

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system and waters of the United States. BMPs include but are not limited to treatment facilities to remove pollutants from storm waterstormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm waterstormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants.

CD. “City” shall mean the city of San Luis Obispo.

DE. “Clean Water Act” means the federal Water Pollution Control Act, 33 USC 1251 et seq., and any subsequent amendments thereto.

EF. “Construction activity” means any of the following activities: including but not limited to clearing and grubbing, grading, excavating, demolition and construction.

FG. “Director” means the community development director or public works director or utilities director of the city, acting either directly or through an authorized designee. When this chapter refers to “director,” it shall refer to each, all, or any combination of these persons.

GH. “Groundwater” means any naturally occurring subsurface water, including springs.

HI. “Hazardous material” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, as defined in Section 25501 of the Health and Safety Code.

IJ. “Illegal discharge” means any direct or indirect non-storm waterstormwater discharge to the storm drain system, except as exempted by this chapter.

JK. “Illicit connection” means any of the following:

1. Any conveyance system, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, sewage, process wastewater, wash water, pool or spa water.

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2. Any connections to the storm drain system from indoor drains and sinks not currently exempted or permitted, regardless of whether the drain or connection has been previously allowed, permitted, or approved by a government agency.

3. Any drain or conveyance connected from any land use to the storm drain system which has not been documented and approved by the city.

4. Any unpermitted connection of a storm waterstormwater system to the publicly owned treatment works as defined in this chapter.

K. “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal over-spray from sprinklers that escapes the area of intended use. Water leaving an intended use area is not considered incidental if it is part of the facility design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

L. “Industrial activity” means any activity subject to a NPDES industrial permit as defined in 40 CFR Section 122.26(b)(14).

M. “Municipal separate storm sewer system” or “MS4” means the public portion of the storm drain system.

N. “National Pollutant Discharge Elimination System” or “NPDES” means the general, group, and individual storm waterstormwater discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act.

O. “Non-storm waterstormwater discharge” means any discharge to the storm drain system that is not composed entirely of storm waterstormwater.

P. “Pollutant” means anything which causes or contributes to pollution including, but not limited to, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes, either from domestic or wild animals or birds; wastes and residues that result from constructing a building or structure, including but not limited to dirt, sediment, slurry, and concrete residuals; and noxious or offensive matter of any kind.

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Q. “Pollution” means the human-made or human-induced alteration of the quality of waters by waste or pollutants, or the presence of a substance in the environment that, because of its chemical composition or quantity, prevents the functioning of natural processes and produces undesirable environmental and health effects or alters the quality of the water to a degree that unreasonably affects the waters for beneficial uses or the facilities which serve these beneficial uses.

R. “Porter-Cologne Act” means the Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.) as amended.

S. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

T. “Property owner(s)”, means the person, firm, partnership, association, corporation, company or organization of any kind that has ownership rights to property regulated under this Chapter, including but not limited to, land and any improvements thereon, including structure or portions of a structure. For property owned jointly or in common, including property within a common area of a common interest development (as such terms are respectively defined in Civil Code Sections 4095 and 4100), the “property owner” for the purposes of this Chapter includes the homeowners association, association (as that term is defined in Civil Code Section 4080) or any other similar organization with the obligation to maintain the property on behalf of the common owners.

UT. “Storm drain system” means any public or private facilities by which storm waterstormwater is collected and/or conveyed, including but not limited to roads, sidewalks, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels and swales, reservoirs, lakes, creeks, waters of the United States and other drainage structures which are within the city and are not part of a publicly owned treatment works as defined at 40 CFR Section 122.2.

1. Public facilities are those owned, maintained and operated by the city and other public agencies including the enclosed system of pipelines, catch basins, manholes and junction structures.

2. Private facilities are those on private property or under the control of persons other than the city or other public agencies.

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VU. “Storm waterStormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

WV. “Storm waterStormwater pollution prevention plan” or “SWPPP” means a plan that identifies sources of pollution and provides direction during construction to the contractor and owner, using BMPs to prevent pollution from occurring.

X. “Watercourse” means any well-defined channel with a distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including but not limited to creeks. Watercourses also includes manmade watercourses.

YW. “Waters of the United States” means surface watercourses and water bodies as defined at 40 CFR Section 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm waterstormwater at and during all times and seasons.

Z. “Uncontaminated ground water infiltration” means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes.

Infiltration does not include, and is distinguished from, inflow. (Ord. 1543 § 2 (part), 2010)

12.08.040 Applicability.

This chapter shall apply to all water sources and potential sources of discharge entering the storm drain system generated on any developed and undeveloped lands within the city. (Ord. 1543 § 2 (part), 2010)

12.08.090 Prohibition of illegal discharges.

No person shall discharge or cause to be discharged into the storm drain system any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm waterstormwater, including water waste runoff as defined in Chapter 13.07Section

13.07.020.B.

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An illegal discharge is assumed to have occurred if prohibited material is placed, blown, washed, tracked or in any way allowed to accumulate in any part of the MS4 so that it can be conveyed by storm waterstormwater. (Ord. 1543 § 2 (part), 2010)

12.08.100 Exceptions to illegal discharge.

No person shall commence, conduct, or continue any illegal discharge to the storm drain system except as follows. Discharges from the following will not be considered a source of pollutants to the storm drain system and to waters of the United States when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Porter-Cologne Act, Clean Water Act, or this chapter:Discharges through the storm drain system of material other than stormwater to Waters of the U.S. shall be effectively prohibited, except as allowed under this section 12.08.100 or as otherwise authorized by a separate NPDES permit. The following non-stormwater discharges are not prohibited, provided any pollutant discharges are identified and appropriate control measures to minimize the impacts of such discharges, are developed and implemented. This provision does not obviate the need to obtain any other appropriate permits for such discharges.

B. A. Uncontaminated groundwater, air conditioning condensation, uncontaminated roof, foundation, footing, or French drains (not including active groundwater dewatering systems), flows from riparian habitats and wetlands, residential car washing and fire fighting flows.Water line flushing;
B. Individual residential car washing;
C. Diverted stream flows;
D. Rising ground waters;
E. Uncontaminated ground water infiltration to separate storm sewers; F. Uncontaminated pumped ground water;
G. Discharges from potable water sources;
H. Foundation drains;
I. Air conditioning condensation;

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J. Springs;
K. Water from crawl space pumps;
L. Footing drains;
M. Flows from riparian habitats and wetlands;
N. Dechlorinated swimming pool discharges;
O. Incidental runoff from landscaped areas;
BP. Non-storm waterstormwater discharge permitted under an NPDES permit, waiver, low-threat discharge permit or waste discharge order issued to the discharger and administered by the state of California under the authority of the federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted by the city Director for any discharge to the storm drain system;.

Q. Runoff in excess of incidental runoff from landscaped areas shall be control as outlined in Chapter 13.07;
Q.R. Discharges or flows from firefighting activities are excluded from the effective prohibition against non-stormwater and need only be addressed where they are identified as significant sources of pollutants to water of the U.S.; and SC. With written concurrence of the Central Coast Regional Water Quality Control Board, the city may exempt in writing other non-storm waterstormwater discharges, which are not a source of pollutants to the storm drain system nor waters of the United States.

If the Utilities director determines that any individual or class of non-stormwater discharge(s) listed above may be a significant source of pollutants to waters of the U.S. or storm drain system, or poses a threat to water quality standards, the director may require the appropriate discharger(s) to monitor and submit a report and to implement best management practices on the discharge. (Ord. 1543 § 2 (part), 2010)

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12.08.110 Prohibition of illicit connections.

The construction, use, maintenance or continued existence of illicit connections to the storm drain system or to a POTW is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A connection shall be considered illicit if it does not comply with the requirements of section 12.08.180. (Ord. 1543 § 2 (part), 2010)

12.08.120 Waste disposal and drainage prohibitions.

A. Waste. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of the United States, any pollutant, so that the same may cause or contribute to pollution.

B. Sidewalk Cross Drainage. No person shall place, erect or maintain any rainwater leader drain, pipe, conduit or swale as to convey, carry or discharge any water on or to any sidewalk in the city, but all leaders, drains, pipes, conduits, and swales conveying, carrying or discharging water exempt under this chapter to or beyond the exterior boundary of the lot or premises on which the same is erected, placed or maintained, must be led under the sidewalk to the gutter. Facilities not in compliance with this section shall be considered a public nuisance and abated in accordance with the provisions in Chapter

8.24. C. Drainage to Public Facilities. No person shall cause water to be deposited to the public street or other public facility which results in an organic growth of any kind in the public facility, particularly that which creates a slick surface. Such growth shall be considered a public nuisance and abated in accordance with the provisions in Chapter

8.24. (Ord. 1543 § 2 (part), 2010)

12.08.130 Animals.

A. Property Maintenance. Where it is determined by the city or by the Central Coast Regional Water Quality Control Board that an area used by animals is affecting water quality, the city will require the property owner or authorized representative to implement

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measures, which may include installation of preclusionary devices, to eliminate the pollution and prevent the migration of waste components to the storm drain system.

Installation of devices or measures may require permits from the city or other regulatory agency. Installation, maintenance and permitting as well as all associated costs are the responsibility of the property owner.

B. Feeding Near Water Bodies. No person shall feed feral animals or deposit or leave any foodstuff of any kind or nature, except in a trash receptacle provided for that purpose, within one hundred feet of a lake or creek.

C. Domesticated Animal Waste. All persons owning, possessing, in control of, or otherwise responsible for an animal, must promptly collect, pick up and remove all fecal matter left by the animal on public or private lands. Animals in agricultural areas are not covered under this subsection if the area complies with subsection A of this section or is covered under separate regulation. (Ord. 1543 § 2 (part), 2010)

12.08.140 Compliance with industrial or construction activity NPDES storm waterstormwater discharge permit.

Any person subject to an industrial or construction activity NPDES storm waterstormwater discharge permit shall comply with all provisions of such permit. Proof of compliance, in a form acceptable to the director, shall be provided:

A. Prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan;
B. Upon inspection of the facility;
C. During any enforcement proceeding or action; or
D. For any other reasonable cause. (Ord. 1543 § 2 (part), 2010)

12.08.150 Requirement to prevent, control, and reduce storm waterstormwater and pollutants.

A. Authorization to Adopt BMPs. The city recognizes the current requirements of the State Water Resources Control Board for general permits for construction, industrial and

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municipal activities. In addition to the requirements of these general permits, the city may adoptis authorized under state and federal law to determine additional requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to degradation, pollution, or contamination of storm waterstormwater, the storm drain system, or waters of the United States.

B. Authorization to Impose BMP. Where the city or any federal, state of California, or regional agency has adopted BMP requirements for any activity, operation, or facility which may cause or contribute to storm waterstormwater pollution or contamination, illicit discharges, and/or discharge of non-storm waterstormwater or pollutants, or degradation to the storm drain system or waters of the United States, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such requirements within the time limit or under the conditions set forth in the BMP.

C. Responsibility to Implement BMPs. Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater or the storm drain system, is responsible for the implementation and maintenance of BMPs discussed in this Section. The owner or operator of a commercial or industrial establishment shall provide protection from accidental discharge of pollutants into the storm drain system. The owner or operator shall provide and maintain facilities to prevent accidental discharge of prohibited materials or other wastes at the owner’s or operator’s expense. Operators of construction sites, new or redeveloped land; and industrial and commercial facilities shall minimize the discharge of pollutants to the MS4 through the installation, implementation, and maintenance of BMPs consistent with the California Stormwater Quality Association (CASQA) Best Management Practice Handbooks or equivalent.

D. Erosion and Sediment Control Plan Submittal. Prior to issuing a grading or building permit, the operator of the construction activity shall prepare and submit an erosion and sediment control plan to be reviewed by the city. An erosion and sediment control plans shall not be approved unless it contains, to the satisfaction of the City, appropriate sitespecific construction site BMPs and includes the rationale used for selecting BMPs including supporting soil loss calculations, if necessary. The erosion and sediment control plan must also list applicable permits directly associated with the grading activity, including, but not limited to the State Water Board’s Construction General Permit (CGP), State Water Board 401 Water Quality Certification, U.S. Army Corps 404 permit, and California Department of Fish and Wildlife 1600 Agreement. The operator must submit

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evidence to the city that all permits directly associated with the grading activity have been obtained prior to commencing the soil disturbing activities authorized by the grading permit. If the erosion and sediment control plan is revised, the city shall review and approve those revisions. A SWPPP developed pursuant to the CGP may substitute for the erosion and sediment control plan. The City may request all information necessary from the permit applicant and/or operator of the construction activity to assess compliance with this Chapter.

EC. SWPPP Submittal and Maintenance. Prior to the city’s issuing any permit for activities which may contribute to pollution of the storm drain system, the person seeking the permit mustprojects that disturb one acre or more of soil or disturb less than one acre but are part of a larger common plan or development or sale are subject to the Construction General Permit (CGP) and must obtain a Waste Discharger Identification (WDID) number from the Regional Water Quality Control Board (RTWQCB). The WDID is obtained by submitting a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB. The SWPPP shall include detailed information describing the potential sources of pollution that may be created by the project being permitted and the recommended BMPs that will be applied. The information shall be sufficient to be used to direct a contractor to perform the BMPs and to recognize whether the BMP is achieving the required effectcomply with the requirements of the CGP. The director will approve review the SWPPP once the director is satisfied that the SWPPP meetsfor compliance with the requirements of this chapter. The SWPPP is a “living” document, meaning it must be adjusted during the course of the construction activity to adapt to new or unforeseen conditions and changing work to maintain compliance with the requirements of this chapter and any implementation guidelines promulgated by the city.

F. Compliance Assurance Deposit. A person with a project that includes a grading permit or any other permit that is likely to create a source of pollution shall submit a SWPPP compliance assurance construction security deposit in an amount to be fixed by the director to ensure NPDES compliance in accordance with the approved SWPPP. Should a project have inadequate BMPs, resulting in an illegal discharge, and if the SWPPP holder fails immediately to implement or maintain necessary BMPs to comply with this chapter, upon receiving notice from the city, the city or its agent will install the BMPs and deduct payment for this work from the compliance assurance deposit. If that occurs, the compliance assurance deposit must be replenished to the original amount, or to the amount expended by the city for BMP installation, whichever is higher, and the city will

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issue a stop work order on the project until such occurs. When the project has received final clearance, the director will release the compliance assurance deposit. Compliance with this section does not absolve a person from other penalties and fines as provided for in this chapter.

GD. New Development and Redevelopment Design Standards. The city will adopt design standards requiring appropriate BMPs to control the volume, rate, and potential pollutant load of storm waterstormwater runoff from newly developed and redeveloped property. Such requirements are incorporated, unless specifically waived by the director, in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this section.

E. Compliance Assurance Deposit. A person with a project that includes a grading permit or any other permit that is likely to create a source of pollution shall submit a SWPPP compliance assurance construction security deposit in an amount to be fixed by the director to ensure NPDES compliance in accordance with the approved SWPPP. Should a project have inadequate BMPs, resulting in an illegal discharge, and if the SWPPP holder fails immediately to implement or maintain necessary BMPs to comply with this chapter, upon receiving notice from the city, the city or its agent will install the BMPs and deduct payment for this work from the compliance assurance deposit. If that occurs, the compliance assurance deposit must be replenished to the original amount, or to the amount expended by the city for BMP installation, whichever is higher, and the city will issue a stop work order on the project until such occurs. When the project has received final clearance, the director will release the compliance assurance deposit. Compliance with this section does not absolve a person from other penalties and fines as provided for in this chapter.

F. Responsibility to Implement BMPs. Any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water or the storm drain system, shall implement BMPs to prevent and reduce such pollutants.

The owner or operator of a commercial or industrial establishment shall provide protection from accidental discharge of prohibited materials or other wastes into the storm drain system. The owner or operator shall provide and maintain facilities to prevent accidental discharge of prohibited materials or other wastes at the owner’s or operator’s expense.

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HG. Responsibility to Identify and Post. For the purposes of implementing Section 374 of the California Penal Code and the requirements of this chapter, pProperty owners are required to mark and/or post all drainage inlets that have a connection to the creek system, either directly or through a portion of the storm drain system, as follows:

1. Signs. Property owners of an apartment complex consisting of four or moremultifamily residential units shall be responsible for causing a sign to be posted in a conspicuous location as close as possible to each drainage inlet with the following wording in English and Spanish:

DUMP NO WASTE – DRAINS TO CREEK –

DUMP NO WASTE
NO DESCARGUE BASURA – DESAGUE AL
ARROYO
SLOMC SEC 12.08.15012.08.090
PENAL CODE SECTION 374
Sign specifications shall be available from the community development department.

2. Placard. Property owners shall be responsible for causing a placard, conforming to city engineering standards, to be installed at each drainage inlet.

3. Maintenance. Property owners shall be responsible for maintaining signs and placards, ensuring they remain legible. (Ord. 1543 § 2 (part), 2010)

12.08.160 Maintenance.

A. General. Property owners are responsible to maintain their premises in such a way as to comply with this chapter and prevent migration of pollutants into the storm drain system.

B. Construction Storm WaterStormwater Devices. BMPs installed during construction or as measures for postconstruction storm waterstormwater shall be maintained as required to ensure proper operation. Failure to maintain construction BMPs will result in a stop

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work order being issued until the site is in conformance with the requirements of this chapter. Failure to maintain required BMPs may also subject the property owners to administrative fines.

C. Postconstruction Storm WaterStormwater Devices. Property owners of development or redevelopment projects which require installation of postconstruction storm waterstormwater devices shall submit a maintenance plan or manufacturer’s maintenance guide for those devices as part of the project submittal. The plan or guide provided shall be considered the minimum maintenance required, with additional maintenance performed as needed to comply with this chapter.

All property owners with postconstruction storm waterstormwater devices on their property shall submit to the director annual inspection/maintenance reports to confirm continued compliance with this chapter. Reports shall be signed and certified by the property owner or the authorized representative and submitted no later than June 15 each year.

All property owners with postconstruction storm waterstormwater devices on their property shall enter into an agreement with the city, to be recorded, documenting the devices, the required maintenance and the responsibility by the property owners for maintenance and reporting.

All property owners shall adhere to the operation and maintenance plan and maintain, clean, correct, and replace any failing structural stormwater control measures (SCMs) to return to good working order.(Ord. 1543 § 2 (part), 2010)

12.08.170 Watercourse protection.

A. Every person owning, leasing property or otherwise controlling property (“owner”) through which a watercourse originates or passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. The owner shall not remove healthy bank vegetation beyond that what is actually necessary for maintenance, nor perform vegetation management in such a manner as to increase the vulnerability of the watercourse to erosion. The owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within that owner’s property, within regulatory frameworks, to a reasonable standard as determined by the

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director, in order to protect against erosion and degradation of the watercourse originating or passing through the property.

B. Every owner of property through which a watercourse originates or passes shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

C. Every owner is responsible to for obtaining all permits and complying with all laws, rules, and regulations of state or federal agencies that may have jurisdiction over wetlands and waterways. Maintenance must be done in a manner that does not adversely impact waterway species. (Ord. 1543 § 2 (part), 2010)

12.08.180 Connections to public storm drain system.

A. Permit Required. Any person who owns an existing connection or intends to connect directly to a public storm drain system must have a permit issued by the city to do so.

B. Cost of Inspection. Each person owning a connection to a public storm drain system shall pay an annual inspection fee, as set forth in the creek and flood protection fee schedule, to cover the cost of routine inspection, reporting review, and sampling. Each owner shall make the connection available for inspection by the City upon reasonable notice on at least an annual basis and when the City has reason to believe the connection is not operating correctly.

C. Compliance Notice. The director shall require by written notice that a person with an illicit connection to the public storm drain system comply with the requirements of this chapter to eliminate or secure city approval for the connection by a specified date, regardless of whether or not the connection had been established or approved prior to the effective date of the ordinance codified in this chapter, or through prior permit. If the person with an illicit connection can demonstrate to the director that an illegal discharge will not occur, the person may request the director’s approval to maintain the connection and shall obtain the required permit.

D. Sampling and Reporting. Any connection to the public storm drain system must include a sampling port to allow the city to verify discharge quality. The person owning the connection to the public storm drain system must submit to the director self-monitoring

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reports to assess and assure continued compliance with this chapter. Reports shall be signed by the property owner or the authorized representative. Sampling and reporting shall conform to the provisions of the permit.

E. Agreement Concerning Permit. Any person to whom the city has issued a permit under this section shall enter into an agreement with the city, which agreement shall be recorded and shall reflect the provisions of this section.

F. Transfers of Property—New Permit Required. Whenever a person to whom the city has issued a permit under this section transfers the property to which the permit is attached, the transferee has thirty days in which to obtain a new permit in the transferee’s name. If such permit is not obtained, the connection will be deemed illicit. (Ord. 1543 § 2 (part), 2010)

12.08.190 Requirement to eliminate illegal discharges and remediate.

Whenever the director determines that a discharge of pollutants is occurring, or has occurred, and the discharge has caused, or will cause, pollution of storm waterstormwater or the storm drain system, or determines an illegal discharge is occurring or has occurred, the director will require by written notice to the property owner and/or their authorized representative (A) remediation of the pollution and restoration of the affected property within a specified time/date72 hours of notification, or sooner if a high risk spill occurs, and (B) discontinuance of the discharge and, if necessary, implementation of measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. If the city agrees that the necessary clean up activities cannot be completed within 72 hours, the city shall issue a new timeframe for compliance and notify the Central Coast Regional Water Quality Control Board of the new timeframe within five business days of that determination. (Ord. 1543 § 2 (part), 2010)

12.08.200 Requirement to monitor and analyze.

The director may require any person engaged in any activity, and/or owning or operating any facility, which may cause or contribute to storm waterstormwater pollution, illegal discharges, and/or non-storm waterstormwater discharges to the storm drain system, to undertake, at the person’s expense, a monitoring, analysis, and reporting program, as approved by the director, to determine compliance with this chapter.

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Should there exist any condition of uncontrolled sources of pollutants that could post an environmental threat, the director will require by written notice to the property owner and/or operator and/or their authorized representative abatement of the condition within 30 days of notification. If the city agrees that the necessary abatement/clean-up activities cannot be completed within 30 days, the city shall issue a new timeframe for compliance and notify the Central Coast Regional Water Quality Control Board of the new timeframe within five business of that determination. (Ord. 1543 § 2 (part), 2010)

12.08.210 Reporting and remediating discharges—Retention of records.

A. Notification. In the event of a release of a hazardous material, any property owner, authorized person or any other person responsible for property, a facility or an operation, shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911).

In the event of a release of any pollutant such that it enters an enclosed system or waterway, any property owner, authorized person or any other person responsible for a property, a facility or an operation shall notify the director in person or, by phone, or by facsimileat the address and phone number listed below no later than five p.m. of the same business day or, if on a weekend or holiday, by ten a.m. of the next business day.

Notification in person or by phone shall be confirmed by written notice addressed and mailed to the director within two business days of the in-person or phone notice. 879 Morro Street, San Luis Obispo, CA 93401
805-781-7312
B. Remediation. Notwithstanding other requirements of law, as soon as any property owner, authorized person, or any other person responsible for property, a facility or an operation, or the person responsible for emergency response for a facility or operation, has information of any known or suspected release of pollutants which may result or have resulted in illegal discharges or pollutants discharging into storm waterstormwater or the storm drain system from the property, facility or operation, the person shall take all necessary steps to ensure the containment, and remediation of such release.

C. Commercial/Industrial Properties. If the reported discharge emanates from a commercial or industrial property, the owner or operator of the property shall also retain

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an on-site written record of the discharge and the actions taken to prevent its recurrence.

Such records shall be retained for at least three years from the date of the occurrence and be available for inspection by the director. (Ord. 1543 § 2 (part), 2010)

12.08.220 Authority to inspect, sample, establish sampling devices, and test.

Whenever the director determines it is necessary to make an inspection to verify compliance with this chapter, investigate potential violations of this chapter, or to make an inspection to enforce any provision of this chapter, or whenever the director has reasonable cause to believe that there exists a condition which constitutes a violation of this chapter, the director may enter the premises during normal business hours to inspect, take water samples, perform any testing deemed necessary to aid in the inspection, record site activities, and inspect and copy records related to storm waterstormwater compliance. During any inspection, the director may establish on any property such devices as are necessary to conduct sampling or metering operations. If the director is refused entry after a request to enter and inspect has been made, the city may seek assistance from any court of competent jurisdiction in obtaining such entry.

Prior to occupancy of a project subject to the Central Coast Post-Construction Requirements, site access shall be granted to all representatives of the city for the sole purpose of performing operation and maintenance (O&M) inspections of the installed stormwater control measures (SCMs).

If the director has reasonable cause to believe that discharges to the storm drain system are so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard public health or safety or the integrity of the storm drain system, the director shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection. (Ord. 1543 § 2 (part), 2010)

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12.08.230 Notice of violation.

A. Violation Conditions. Whenever the director finds that a person has violated this chapter, the director may issue to the person a notice of violation and order compliance.

Such notice may require without limitation:

1. Monitoring, providing analyses, and reporting;

2. Eliminating illicit connections or discharges;

3. Cease and desist of discharges, practices, or operations;

4. Abating or remediating storm waterstormwater pollution or contamination hazards, and restoring the affected property;

5. Implementing source control or treatment BMPs; and

6. Paying a fine and administrative and remediation costs.

B. Abatement. If abatement of a condition and/or restoration of affected property is required, the notice shall set forth a deadline within which such abatement or restoration must be completed. The notice shall further provide that if there is not compliance with the notice within the established deadline, the city may abate the condition and/or restore the property, and the expenses thereof shall be charged to the property owner and/or the person responsible for the violation. (Ord. 1543 § 2 (part), 2010)

12.08.240 Appeal.

Except as provided in Section 12.08.260, Urgency abatement, any person receiving a notice of violation may appeal following the procedures in Chapter 1.20. (Ord. 1543 § 2 (part), 2010)

12.08.2450 Abatement by city; City’s remedies.

Dischargers of pollutants into the MS4 are required to abate and clean up their discharge, spill, or pollutant within 72 hours of notification; high risk spills should be cleaned up as soon as possible (see Section 12.08.190). A condition of uncontrolled sources of pollutants that could pose an environmental threat must be abated within 30 days of

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notification (see Section 12.08.200). If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, and ten days have passed, or if an appeal of the notice of violationadministrative citation was filed and ten days have passed from the date of the decision upholding the decision of the director, then the city or its agents may enter upon the property and take any and all measures necessary to abate the violation and/or restore the property. If the city or its agents is refused entry for this purpose, the city shall seek the assistance of any court of competent jurisdiction to authorize entry. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or its agents to enter upon the premises for the purposes set forth above. The remedies set forth in this Chapter are cumulative to all other remedies available to the City, including but not limited to pursuit of criminal prosecution, institution of appropriate civil actions or proceedings in a court of competent jurisdiction and cost recovery, in which case the city’s costs of abatement would be a lien on the property. (Ord. 1543 § 2 (part), 2010)

12.08.2560 Urgency abatement.

A. Immediate Abatement. The director may require immediate abatement of any violation of this chapter that constitutes an immediate and significant threat to the health, safety or well-being of the public.

B. Construction Sites. The director shall give verbal notice and issue a notice of violation to persons owning or controlling construction sites with inadequate erosion and sediment controls that such controls must be put in place immediately, and the city shall not allow any other site work until the controls are in place.

C. Failure to Abate. If a violation as described in subsection A of this section is not immediately abated, the city is authorized to enter the premises and take any and all measures required to abate the violation. Any expenses incurred by the city related to such abatement shall be charged to the property owner. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter. (Ord. 1543 § 2 (part), 2010)

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12.08.2670 Charging cost of abatement/liens.Nuisance abatement lien.

A. Notice of Cost. If the city has incurred costs to abate a violation, the director shall notify the property owner within thirty days of the cost, including administrative costs.

B. AppealObjections. Within fifteen days of the director’s notice, the property owner may file with the city clerk a written appeal objecting to the amount of the costs. The city clerk shall set the matter for hearing by the city council. The decision of the city council shall be final.

C. Payment Due Date—Failure to Pay. If no appeal has been filed or if an appeal has been filed and the city council has made a decision on the appeal, any cost due shall be paid in full within ten days. If the costs are not paid in full within ten days, the costs shall become a special assessment against the property and shall constitute a lien on the property. The information shall be provided to the county auditor so that the auditor may enter the amount of the assessment against the property, as it appears on the current assessment roll, and the tax collector include the amount of the assessment on the bill for taxes levied against the property. (Ord. 1543 § 2 (part), 2010)

12.08.2780 Violations – Penalties.

A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a code violation and public nuisance, and may be summarily abated or restored by the city at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the city.

B. Penalties and Fines. A violation of, or failure to comply with, any of the requirements of this chapter shall constitute a misdemeanor and may be punished as set forth in Chapter 1.12. Violators are may also be subject to fines provided for in the administrative code provisions of this code,administrative citations and fines pursuant to Chapter 1.24, revocation of their business license, and/or for persons seeking to work in the right-ofway, a prohibition from working within the right-of-way for a period of two years. All remedies and penalties prescribed by this chapter are cumulative.

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C. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the director may, at their sole discretion, impose upon a violator alternative compensatory actions, such as storm drain marking, attendance at compliance workshops, creek cleanup, etc. (Ord. 1543 § 2 (part), 2010)

12.08.2890 Acts potentially resulting in a violation of the Clean Water Act and/or the Porter-Cologne Act.

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the provisions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability. (Ord. 1543 § 2 (part), 2010) SECTION 5. Chapter 13.04 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 13.04 - WATER SERVICE

13.04.010 Definitions.

As used in this chapter, the following terms shall have the meanings specified:

A. “Adequate transmission system” means a water transmission system that is capable of supplying simultaneously, at a specific site under consideration, the required fire flow and the maximum daily rate of consumption.

B. “Applicant” means the person or entity who applies for a new water account with the city of San Luis Obispo.

C. “Cross-connection” means any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution main.

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D. “Curbstop” means the city-owned valve attached to the water meter which can turn water on or off to a parcel.

E. “Customer” means the person or entity under whose name a water account is created and who is ultimately responsible for payment of all charges incurred on the account.

F. “Date of presentation” means the billing date as referenced on the billing statement.

G. “Distribution main” means a water line in a street, alley, or right-of-way used for general distribution of water and from which water service is available to a parcel.

H. “Maximum daily rate of consumption” means the average rate of flow, as estimated by the utilities department from actual city records, which is consumed during a twentyfour-hour period at maximum use.

I. “Parcel” means a tract of land including improvements, to which water service is or will be provided.

J. “Parcel valve”, also referred to as a “customer valve”, means a valve on the parcel side of the water meter which turns water on or off to a parcel. The valve is the parcel owner’s responsibility to maintain in working order.

K. “Private fire protection service” means water service for sprinkler systems, hydrants, hose reels and other facilities used specifically for fire protection on a parcel.

L. “Private pumping equipment” means any equipment attached to a water service and installed on private property for the purpose of increasing water pressure to that parcel.

M. “Private service line” means the water line that connects the city’s water meter to the point of entry to a parcel’s dwelling(s) and/or irrigation system(s).

N. “Regular water service” means water service rendered for normal domestic, commercial, industrial, and irrigation purposes on a permanent basis and for which the city’s general rates and regulations are applicable.

O. “Reliable water distribution system” means a system of public water mains capable of supplying a sufficient quantity of water to satisfy simultaneously the maximum daily rate of consumption and the required fire flow for a given site.

P. “Required fire flow” means the rate of flow required by the fire chief pursuant to the authority of Appendix B of the California Fire Code and determined in conformance with

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the latest edition of the Guide for Determination of Required Fire Flow as published by the Insurance Services Offices, or any subsequent recognized standard adopted by resolution of the city council.

Q. “Service connection” means the point of connection where the city’s water meter meets the parcel’s private service line.

R. “Services” means the service pipeline and appurtenant facilities such as the curbstop, water meter and meter box, all used to extend water service from the distribution main to the curbline. Where services are divided at the curb or parcel line each such branch service shall be termed a separate service.

S. “Utilities” means the utilities department of the city of San Luis Obispo and its duly authorized representatives. (Ord. 1597 § 1, 2014: Ord. 1428 § 2 (part), 2002: prior code § 7410.1. Formerly 13.04.020)

13.04.050 Initiation of water service.

A. Each applicant initiating water service shall be required to provide information according to the procedures established by the director of utilities finance and information technology and to pay a new account setup fee established by resolution of the city council.

B. All applicants for water service may be required to deposit an amount established from time to time by resolution of the city council prior to initiation or restoration of water service.

C. An application for water service may not be honored unless payment in full has been made for water service previously rendered to the applicant by the city.

D. Applications for water service to parcels for which a service connection has already been installed may be made as set forth in this chapter. Such application will signify the applicant’s willingness and intention to comply with these regulations and to all modifications thereof, and to new regulations or rates duly adopted, and to make payment for water service rendered.

E. If application is made for service to a parcel where no water service connection has been installed, but a distribution main is adjacent to the parcel, the applicant, in addition

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to making application for service, shall comply with the regulations governing the installation of water services and pay all applicable fees. (Ord. 1597 § 5, 2014: Ord. 1428 § 2 (part), 2002: Ord. 1204 §§ 1, 2, 1992: prior code §§ 7410.2 and 7410.4. Formerly

13.04.030)
F. Customer’s Request for Service Initiation. A customer may have his or her water service initiated by notifying the utilities department at least one business day in advance of the desired date of initiation. The customer will be required to pay all water charges from the date of such initiation as well as an account setup fee.

13.04.060 Discontinuation of water service.

Each customer discontinuing water service shall be required to provide information according to the procedures established by the director of utilities.

A. Nonpayment of Bills.

1. A customer’s water service may be discontinued if a bill is not paid on or before sixty days from the date the bill becomes delinquent, in accordance with Health & Safety Code §116900 et seq.

2. A customer’s unpaid balance for water service previously rendered by the city may be transferred to that same customer’s current water service and water service may be discontinued if water service furnished at a previous location is not paid on or before sixty days from the date the bill becomes delinquent.

3. If a customer receives water service at more than one location, and the bill for service at any one location is not paid on or before sixty days from the date the bill becomes delinquent, water services at all locations may be discontinued.

B. Unsafe Apparatus. The utilities department may discontinue service to any parcels where apparatus, appliances, or equipment using water is dangerous, unsafe, causing damage or not in conformity with any laws or ordinances.

C. Service Detrimental to Others. The utilities department may discontinue service to any parcels where the demand may be detrimental or injurious to the service furnished to other customers.

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D. Fraud, Theft, and Abuse. The utilities department shall have the right to refuse or to discontinue water service to any parcels to protect itself against fraud, theft, or abuse.

E. Noncompliance. The utilities department may, unless otherwise provided, discontinue water services to a customer for noncompliance with any of these regulations if the customer fails to comply with them within five days after the date of presentation of written notice of the utilities department’s intention to discontinue service. If such noncompliance affects matters of health and safety and/or is causing property damage, and conditions warrant, the utilities department may discontinue water service immediately.

F. Customer’s Request for Service Discontinuance. A customer may have his or her water service discontinued by notifying the utilities department at least one business day reasonably well in advance of the desired date of discontinuance. He or sheThe customer will be required to pay all water charges until the date of such discontinuance.

G. Restoration—Reconnection Charges. The utilities department may charge such amount as may be established from time to time by resolution of the city council (as otherwise authorized by state law) for restoring water service which has been discontinued because of noncompliance with these rules. (Ord. 1677 § 2, 2020: Ord. 1597 § 6, 2014: prior code § 7410.17. Formerly 13.04.180)
H. Disconnection from City Infrastructure – In the instance of repeated theft of City water service where an illegal device also known as a “jumper” has been installed to convey water in lieu of a removed City water meter, the Utilities Director may authorize the physical disconnection of the water service lateral from the City water main to prevent continued theft and to protect the distribution system from contamination. All costs associated with the disconnection of the water service, including excavation, physical exclusion, etc., will be the sole responsibility of the parcel owner and will be subject to cost recovery. Once disconnection has occurred, any subsequent reconnection will be at the cost of the parcel owner and will require the parcel owner to follow City policies and procedures required for a new water service line connection to the City’s water distribution system, including meeting current construction specifications. Reconnection to the system will be at the discretion of the Utilities Director. Disconnection from the City’s water distribution system as a result of an immediate risk to public health will not be subject to 5-day notification requirements outlined in subsection E.

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13.04.070 Illegal consumption.

A. When a meter shows consumption of water after service has been officially discontinued, the owner of the parcel served will be held responsible for payment for the water consumption. In addition, the parcel owner will pay the city a new account setup fee for the water illegally consumed after service was previously discontinued. Water shall not be turned on again for a service connection until the illegal consumption has been fully paid for. (Ord. 1597 § 7, 2014)
B. Tampering with any curbstop, meter, backflow device, hydrant, etc. for the purposes of taking water without paying is a violation of the municipal code and is subject to a penalty of up to $1,000 and cost recovery for any work associated with the theft or repairs to City infrastructure that occurs from the taking of water illegally,. including without limitation damage to City valves, hydrants, mains, service laterals, etc.

13.04.130 Water meters.

A. All meters installed shall be located only in and upon streets, easements or rights-ofway that have been formally dedicated and accepted for public use, and shall be owned by the city.

B. Changes in Size of Water Meter.

1. The cost to change the size of a meter on existing services will be at the parcel owner’s or customer’s expense.

2. A request for a change in size of meter will require approval of the utilities director.

Upon approval, the parcel owner or customer will be responsible for obtaining all necessary permits (plumbing, encroachment, etc.) and payment of any applicable expenses and fees.

3. Parcels with flow rates having an average rate that exceeds the meter manufacturer’s maximum rated operating flow or other reliable benchmark as determined by the utilities department shall be required to upsize the meter at parcel owner or customer’s expense, including payment of any applicable expenses and fees.

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C. Change in Location of Meters. Meters moved for the convenience of the parcel owner or customer shall be approved by the utilities department and will be relocated at the parcel owner or customer’s expense.

D. Meter Errors.

1. Meter Test.
a. On parcel owner or customer request:
i. A parcel owner or customer may, giving not less than one week’s notice, request the utilities department to test the meter serving his or her parcel. ii. To cover the reasonable cost of a meter test, the utilities department will require the parcel owner or customer to deposit such amount as may be established from time to time by resolution of the city council. iii. This deposit will be returned if the meter is found to register more than two percent fast. The parcel owner or customer will be notified not less than five days in advance of the time and place of the test. iv. A written report giving the results of the test will be shown to the parcel owner or customer within ten days after completion of the test.

2. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more than two percent fast under conditions of normal operations, the utilities department will refund to the customer the full amount of the overcharge, based on corrected meter readings for the period, not exceeding one year that the meter was in use.

3. Non-registering Meters. The utilities department may bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.

4. Retirement or Removal of Meter. The cost of retiring or removing a meter service for the convenience of the parcel owner will be at the parcel owner’s expense.

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5. Reverse Flow. If a meter has shown reverse flow and there is evidence a meter has been intentionally removed and reinstalled backwards, in an effort to register reverse flow for the purpose of defrauding the City of revenue, the department may estimate the volume of water consumed for the purposes of accurate billing. Billing estimates may be made based on prior water consumption at the property or estimates based on lot size. Cost recovery for water meter removal and reinstallation will be assessed in addition to any water consumption charges.

E. Size of Water Meter. Water meters shall not be larger in size than the associated water service size. Sizing calculations shall be provided to justify service and meter sizing.

F. Where a nonresidential, multifamily, or mixed-use project has one thousand square feet of landscaping or greater, the project shall provide a separate city-owned landscape water meter.

G. New residential and nonresidential uses within a mixed-use development shall be separately metered.

H. New caretaker units, duplexes, triplex, and fourplex units shall be separately metered.

Dwellings with five or more units shall have privately owned sub-meters.

I. All new residential and commercial condominiums shall be separately metered.

Privately owned sub-meters may be provided by the property owner upon approval of the utilities director or her/his designee. The CC&Rs for the property/homeowner association (P/HOA) shall require that the sub-meters be read monthly by the association (or P/HOA contracted service) and each condominium billed according to water use. Records of meter reading and associated billing shall be provided to the city upon request.

J. New attached or detached accessory dwelling unit may connect to the property’s primary residential meter if maximum flow velocities through the water meter meet California Plumbing Code requirements. (Ord. 1704 § 3, 2021; Ord. 1597 § 13, 2014: prior code §§ 7410.12 and 7410.16. Formerly 13.04.170)
K. Separate submeters shall be installed in accordance with Division 5.3 of the California Green Building Code.

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13.04.140 Installation of control valves required.

A. The parcel owner shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the meter.

B. The operation by the parcel owner or customer of the City-owned curbstop in the meter box is not permitted. (Ord. 1597 § 14, 2014: prior code § 7410.19. Formerly

13.04.200)

13.04.150 Responsibility for equipment.

A. Parcel Equipment. The parcel owner or customer shall, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the parcel owner or customer or of any of his or her tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment.

The city shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally, or when turned on after a temporary shutdown.

B. City Property. The parcel owner or customer shall be liable for any damage to a meter, curbstop, water meter box or other equipment or property owned by the city which is caused by an act of the parcel owner or customer or his or her tenants, agents, employees, contractors, licensees, or permittees, including the breaking or destruction of locks, seals, controls, devices, radios, or tags by the parcel owner or customer or others on or near a meter. The city shall be reimbursed by the parcel owner or customer for any damage promptly on presentation of a bill.

C. Private Pumping Equipment. The utilities department must approve the installation and operation of all private pumping equipment before city water service will be provided.

Any pumping facility that does not incorporate an automatic shutoff control that will positively prevent motor burnout during periods of low or negative pressure will not be approved.

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This section shall not be construed to excuse the obtaining of appropriate city council, and other, approvals necessary to permit (1) city water service, and (2) installation and operation of private pumping equipment.

D. Parcel owner or customer is responsible for maintaining plumbing connection on the parcel side of the meter. Parcel owner or customer equipment must be able to withstand meter change-outs and shutoffs. Parcel owner or customer shall repair their equipment if determined necessary by the city.

E. Parcel owner or customer is responsible for maintaining acceptable access to the water meter as determined by the city. At a minimum a two-foot clearance must be provided around meter. City staff have a right to make the area accessible without notice to access the meter, which may include trimming or removal of plants or other landscaping materials. All costs associated with gaining access will be charged to the customer. City staff will give at least 48-hours of notice of the need for access, if possible, in nonemergency situations.

F. No additions can be made in the meter box other than primary city water service or an approved remote flow monitoring device. Approval of the addition of flow monitoring devices will be made by the Utilities Director or his/her designee. Replacement or repair of a city owned water meter will not be delayed due to a parcel owner’s use of a privately owned flow monitoring device.

G. Ground Wire Attachments. All individuals or business organizations are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city; the utilities department will hold the parcel owner or customer liable for any damage to its property occasioned by such ground wire attachments.

H. The utilities department does not assume liability for inspecting apparatus on the parcel owner or customer’s property. The utilities department does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use. (Ord. 1597 § 15, 2014: prior code § 7410.18. Formerly 13.04.190)

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13.04.160 Parcel owner’s duty to protect against danger of cross-connections.

A. The parcel owner must comply with state, county, and federal laws governing the separation of dual water systems or installation of backflow protection devices to protect the public water supply from the danger of cross-connections. (Ord. 1597 § 16, 2014:
prior code § 7410.20. Formerly 13.04.210)
B. Any residential parcel adjacent to a parcel receiving recycled water may be required to install a backflow prevention device on the potable water system. A parcel owner may be eligible for a rebate for device installation if the property is not a direct recipient of recycled water.

C. Parcel owner must maintain backflow prevention devices per applicable state, county, and federal laws and policies.

D. The City has the right and responsibility to discontinue any water service to a parcel with a cross-connection prevention device that has not shown proof of good working order to the authority having jurisdiction on at least an annual basis pursuant to the crossconnection inspection program.

13.04.170 Interruption in service.

A. The city shall not be liable for damage or claims which may result from an interruption in service. Temporary shutdowns may be made by the utilities department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns.

B. Master metered properties Residential properties with a single water meter serving more than three residential units, such as mobile home parks and large apartment complexes must notify the utilities department and police department a minimum of twenty-four hours prior to any planned interruptions in water service for repairs, maintenance, or other reason. (Ord. 1597 § 17, 2014: prior code § 7410.21. Formerly

13.04.220)

13.04.180 Main extensions other than subdivisions.

A. Water mains may be extended by developers or other interested parties that would benefit by their extension, at their cost, provided the improvements are designed to

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current city standards and policies and are approved by both the public works and utilities directors.

B. The owner or developer who is required to installs improvements which abut property other than that being developed or in a greater size or capacity than that required for the development of the property under consideration may be reimbursed as provided in Section 16.20.110.

C. Where an extension of the distribution main is necessary or a substantial investment is required to furnish service, the applicant will be informed by the utilities department as to whether or not the service can be extended under these regulations as set forth in this chapter. (Ord. 1597 § 18, 2014: Ord. 1501 § 4, 2007. Formerly 13.04.100)

13.04.200 Fire hydrants.

A. Use of and Damage to City-Owned Fire Hydrants. No person, other than those designated and authorized by the proper authority, or by the utilities department, shall open any fire hydrant, attempt to draw water from it, or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law.Operation of a City hydrant without approval of the Utilities Department will result in a $1,000 penalty. In addition to this penalty, any and all costs associated with the inspection, repair, or replacement of any part or parts of the city water distribution system damaged, or potentially damaged, as a result of the unapproved use will be assessed to the responsible party. This includes but is not limited to damage to water mains, charges for water use, expenses incurred for water quality sampling, or other repair costs to ensure public health and safety. Any devices used to illegally remove water from City distribution systems shall be confiscated. The rights of the City under this section to pursue cost recovery and impose a monetary penalty are cumulative to the City’s right to pursue criminal prosecution pursuant to California Penal Code section 148.4 and California Penal Code Section 498. The choice of remedy or remedies is at the sole discretion of the City.

B. Unapproved Use of Privately-Owned Fire Hydrants. The use of unmetered privatelyowned fire hydrants that are connected to the City’s water system, for any purposes other than those that related to fire services, with the intent of defrauding the City of fees or other revenue for water use will result in a mandatory $1,000 penalty. Any costs associated with the inspection, repair, or replacement of the City water distribution system damaged, or potentially damaged, as a result of the unapproved use will be assessed to the responsible party. This includes but is not limited to damage to water mains, charges for water use, expenses incurred for water quality sampling, and other repair costs to ensure public health and safety. Any devices used to illegally remove water from City distribution systems shall be confiscated. The rights of the City under this section to

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pursue cost recovery and impose a monetary penalty are cumulative to the City’s right to pursue criminal prosecution pursuant to California Penal Code section 148.4 and California Penal Code Section 498. The choice of remedy or remedies is at the sole discretion of the City.

CB. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the utilities department has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he or she shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority. (Ord. 1597 § 20, 2014: prior code § 7410.25. Formerly 13.04.260)

13.04.220 Private fire protection service connections—Charges—Ownership.

A. Purpose. A private fire protection service connection in three- to ten-inch size will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.

B. Quantitative Charges.

1. Water for Fires. No charge will be made for water used to extinguish accidental fires.

2. Water for Fire Storage Tanks. Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the utilities department in advance and an approved means of measurement is available. The rates for general use will be applied.

C. Violation of Agreement. If water is used from a fire service in violation of the agreement or of these regulations, the utilities department may, at its option, discontinue and remove the service.

D. Ownership of the Fire Service. All appurtenant equipment from the shut-off valve closest to the water main, including the fire service mainline, connections, pumps, tanks, chlorinators installed at any point in the line to the parcel’s water outlets shall be the sole responsibility of the parcel owner, both as to the original installation and as to the maintenance and upkeep. Such installations must be approved by the utilities department.

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E. Pressure and Supply. The utilities department assumes no responsibility for loss or damage because of lack of water or pressure and agrees only to furnish such quantities and pressures as are available in its general water distribution system. (Ord. 1597 § 22, 2014: prior code § 7410.27. Formerly 13.04.280)

13.04.240 Privately owned water wells.

A. Appropriate use of privately owned wells is allowed on individual parcels. The use of the water from a well shall only be utilized within the boundaries of the parcel on which it is situated or at the discretion of the utilities director.

B. Installation of Water Meters on Private Wells. Within twelve months of the adoption of the city’s groundwater sustainability plan, a well meter shall be installed at the private owner’s expense at all properties where private well water is used for any of the following:

1. Nonresidential purposes in any quantity;

2. Irrigation of greater than one-half acre of landscaping;

3. Two acre-feet or greater of usage annually.

The water meter shall be public and property owners shall enter into a private well metering agreement with the city for meter reading.

C. Existing well service that crosses property lines shall be corrected in conformance with this section with any new development or subdivision. (Ord. 1704 § 4, 2021; Ord. 1597 § 24, 2014)
D. Prior to installation of a new groundwater well or the alteration of an existing well, a property owner must first obtain written verification from The City of San Luis Obispo Groundwater Sustainability Agency, ensuring that groundwater extraction by the proposed well would not be inconsistent with the San Luis Obispo Valley Groundwater Sustainability Plan and would not decrease the likelihood of achieving a sustainability goal identified within the Groundwater Sustainability Plan; and that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage basin capacity or nearby infrastructure.

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This Paragraph shall not apply to wells (i) that will provide less than two acre-feet per year of groundwater for individual domestic users, (ii) that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code, or (iii) that are replacing existing, currently permitted wells with new wells that will produce an equivalent quantity of water as the well being replaced when the existing well is being replaced because it has been acquired by eminent domain or acquired while under threat of condemnation.

13.04.250 Violations deemed misdemeanor.

Other than authorized water distribution staff, any person who operates or attempts to open or close any water system valve, curbstop, hydrant, or other City-owned infrastructure that regulates and controls the flow of water in the City’s water distribution system shall be issued a penalty of up to $1,000, be guilty of a misdemeanor punishable under Chapter 1.12, and shall also be held liable for any damage that may result from such action. An employer may also be held liable for their employee’s illegal operation of any City-owned water infrastructure and subject to the punishment(s) state herein. At the City’s discretion, the employer and employee may be held jointly and severally liable for any damage and staff costs resulting from the employee’s actions. Nothing in this section impairs the City’s right to also seek criminal prosecution for any violations of this section which are also violations of the California Penal Code (Ord. 1597 § 25, 2014: Ord. 1484 § 11, 2005: prior code § 7410.29. Formerly 13.04.300)
SECTION 6. Chapter 13.06 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 13.06 - MANDATORY INDOOR PLUMBING RETROFIT STANDARDS Sections:

13.06.090 EnforcementPenalties–Infraction.

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13.06.010 Definitions.

A. “Change of ownership” means a transfer of a present interest in real property. Every transfer of property shall qualify as a “change of ownership,” except transfer of title from one spouse to another, whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition or deletion of an owner, property settlement, or any other means. “Change of ownership” effected other than by a contract of sale shall be deemed to occur at the time of actual transfer of title. A “change of ownership” resulting from a contract of sale or similar instrument shall be so regarded only if escrow is opened or a contract of sale is executed, whichever occurs last, on or after the effective date of this chapter.

B. “Change of use” means change of the occupancy classification as defined in the Uniform Building Code.

C. “Existing residential building” means any structure built and intended primarily for the shelter or housing of any person.

D. “Low water-use plumbing fixtures” means any toilet using a maximum of one and sixtenths gallons per flush, shower heads designed to emit a maximum of two and one-half gallons per minute (gpm) of water, any interior faucet that uses a maximum of two and two-tenths gpm, and a urinal manufactured to use a maximum of one gallon per flush. are those that comply with Sections 4.303.1.1, 4.303.1.2, 4.303.1.3, 4.303.1.4, 5.303.3.1,

5.303.3.2, 5.303.3.3, and 5.303.4.1 of the 2022 California Green Building Code. Where Sections 1601 et seq. of Title 20 of the California Code of Regulations applying to waterusing appliances sold or offered for sale within the state specifies a lower maximum flow rate than specified in the aforementioned sections of the California Green Building Code, the lower maximum flow rate shall be required.

E. “Retrofit” means the replacement of a conventional plumbing fixture with low-waterusing plumbing fixtures.

F. “Water conservation certificate” means a certificate acknowledging that installation of water-conserving plumbing fixtures has been completed. (Ord. 1704 § 7, 2021; Ord. 1224 § 1, 1992)

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13.06.050 Verification.

A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to the change of ownership, shall obtain from the utilities department a “water conservation certificate,” in accordance with administrative procedures established by the department, verifying that water-conserving plumbing fixtures have been installed. The seller shall have the plumbing fixtures inspected by a qualified home inspector, California licensed plumber, or licensed general contractor.

B. “Water conservation certificates” shall also be available to those who voluntarily install water-conserving plumbing fixtures or have installed water-conserving plumbing fixtures prior to the effective date of this chapter.

C. The seller may transfer responsibility of retrofit upon sale to the buyer with approval from the utilities director or designee. (Ord. 1704 § 8, 2021; Ord. 1224 § 1, 1992)

13.06.060 Notice of correction.

Whenever the utilities director determines that there is a property where low-water-use plumbing fixtures have not been installed as required by this chapter or where such fixtures have been removed since initial installation and replaced with other than lowwater-use fixtures, the utilities director or authorized designee may serve a notice of correction on the owner(s) of the property on which the violation is situated and any other person responsible for the violation. The owner of record shall have ninety days to take corrective action. Failure to take corrective action within ninety days shall constitute a violation of this chapter. (Ord. 1224 § 1, 1992)

13.06.070 Exemptions.

The utilities director may, at their sole discretion, exempt facilities from the provisions of this chapter, and impose reasonable conditions in lieu of full compliance herewith, if the director determines that there are practical difficulties involved in carrying out the provisions of this chapter. The director may exempt facilities from the provisions of this chapter when low-water-using fixtures are not available to match a historic architectural style. The director shall require that sufficient evidence or proof be submitted to substantiate any exemption or acceptance of alternatives. (Ord. 1224 § 1, 1992)

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13.06.080 Appeals.

A. Content of Appeals. An appeal may be made to an appeals board, consisting of representatives from the community development department, finance department, and utilities department, by any person aggrieved by a decision of the utilities director pursuant to this chapter. The appellant must specifically state in the notice of appeal:

1. The name and address of the appellant and the appellant’s interest in the decision.

2. The nature of the decision appealed from and/or the conditions appealed from.

3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate.

4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

B. Acceptance of Appeal. An appeal shall not be accepted by the board unless it is complete.

C. Judicial Review. The decision of the appeals board shall be considered final administrative action for purposes of judicial review. A party aggrieved by the decision of the appeals board may seek judicial review by filing a complaint with the San Luis Obispo Superior Court within sixty (60) calendar days.
(Ord. 1224 § 1, 1992)

13.06.090 Penalties–InfractionEnforcement.

It is unlawful to fail to comply with the retrofit requirements of this chapter or to alter or replace low-water-use plumbing fixtures required by this chapter with fixtures other than low-water-use plumbing fixtures. Violation of the provisions of this chapter shall constitute an infraction. Each day any violation of this chapter continues shall be considered a new and separate offense. Any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided in Chapter 1.12 or may be cited and fined pursuant to the administrative citation provisions of Chapter 1.24. (Ord. 1224 § 1, 1992)

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13.06.110 Remedies cumulative.

The decision of the city to pursue either a civil, or criminal, administrative or abatement action against a person violating any provision of this chapter shall not preclude further relief by use of any other remedy provided herein, or by common law, statute, or ordinance. (Ord. 1224 § 1, 1992)
SECTION 7. Chapter 13.07 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 13.07 - WATER CONSERVATION
Sections:

13.07.050 EnforcementViolations.

13.07.020 Substandard runoff prohibited.

A. No person shall cause any water delivered by the city water system to flow away from property owned, occupied, or controlled by such person in any gutter, ditch or in any other manner over the surface of the ground, so as to constitute water waste runoff.

B. “Water waste runoff” is water flowing away from property and which is caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application, or due to faulty systems that have not been repaired within ten days72-hours of written notice from the city. (Ord. 1704 § 9, 2021; Ord. 1089 § 1 (part), 1987)

13.07.030 Council water conservation powers.

A. When deemed necessary in the judgment of the city council to conserve water during water shortage periods, as defined by the city’s water shortage contingency plan, the city council may by resolution declare an emergency condition and enact any or all of the following which in its judgment is deemed advisable after publication of notice thereof in

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a newspaper of general circulation distributed in the city or after reasonable notice thereof is otherwise given by the city to users:

1. Limit irrigation within the city water service area to specified hours, a parcelspecific allocation, or prohibit irrigation entirely within the service area or any portion or portions thereof;

2. Limit all customers inside the city water service area to specified maximum usages of water for each customer classification category.

B. In order to comply with any mandatory actions required by the State Water Board or any other agency having jurisdiction over the waters of the state, the city council may by resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to four, three or two days a week in accordance with the following schedules:

Four-Day a Week Schedule
Even numbered
addresses:

Mondays,
Tuesdays,
Thursdays, and
Saturdays
Odd numbered
addresses:

Mondays,
Wednesdays,
Fridays, and
Sundays
Three-Day a Week Schedule
Even numbered
addresses:

Sundays, Tuesdays
and Thursdays
Odd numbered
addresses:

Mondays,
Wednesdays and
Fridays

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Two-Day a Week Schedule
Even numbered
addresses:

Tuesdays and
Fridays
Odd numbered
addresses:

Mondays and
Thursdays
C. In order to comply with any mandatory actions required by the State Water Board or any other agency having jurisdiction over the waters of the state, the city council may by resolution limit outdoor irrigation of ornamental landscapes or turf with potable water between the hours of 7:00 p.m. and 7:00 a.m.

Nothing in this subsection C shall limit the use of non-potable water for outdoor irrigation of ornamental landscape or turf with the exception of a non-potable water shortage due to the use of non-potable water as a supplemental water supply during a water shortage emergency.

D. Public facilities that are used in a manner similar to city parks and recreation areas may be exempt from irrigation restrictions, allowed a modified irrigation schedule, or allowed turf renovation during a water shortage emergency due to community health benefits and long-term environmental impacts. These facilities include, but are not limited to, the following:

1. Emerson Field;

2. Meadow Park Field;

3. Mission Plaza Turf;

4. Santa Rosa Center Field;

5. Santa Rosa Softball Field;

6. Sinsheimer Stadium;

7. Stockton Field;

8. Throop Field;

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9. Damon Garcia Sports Fields;

10. French Park;

11. Islay Hill Park;

12. Laguna Lake Park;

13. DeVaul Park;

14. Laguna Lake Golf Course; and

15. Local schools.

E. Annual turf renovation, allowed under subsection D of this section, shall include an initial germination period during which daily watering at these, and similar, facilities is allowed for a period of up to six weeks. Following renovation, these facilities will be allowed to be watered up to three days a week in order to sustain them.

F. The use of a hose equipped with a shutoff nozzle for hand watering of established trees will be exempt from irrigation restrictions.

G. Hospitals, healthcare facilities, and other businesses requiring water for the health and safety of at-risk people may apply for an exemption on a case-by-case basis. This exemption may be granted at the discretion of the utilities director or their designee. (Ord. 1704 § 10, 2021; Ord. 1631 § 2, 2016; Ord. 1619 § 2, 2015: Ord. 1607 § 3, 2014: Ord. 1116 § 2 (part), 1988)
H. Nothing in this Chapter shall be deemed to allow the use of potable water for the irrigation of non-functional turf where prohibited by state law.

13.07.050 EnforcementViolations.

A violation of this chapter shall constitute an infraction and may be punishable Any person who violates any provision of this chapter is guilty of an infraction and subject to punishment as provided in Chapter 1.12 or may be cited and fined pursuant to the administrative citation provisions of Chapter 1.24. Violations may also subject the property owner or user to by this code and/or result in discontinuance of water service as provided in Sections 13.04.060 13.04.180 (Discontinuance of service) and 13.04.050

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(Initiation of Water Service) 4.20.080 (Restoration-reconnection charge). (Ord. 1116 § 2 (part), 1988)

13.07.060 Definitions.

The following words or phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined within individual sections of this chapter:

A. “Base period” means that period of time over which the base water use is computed.

B. “Customer classification” refers to three categories of water users as shown in the water shortage contingency plan: single-family residential or multifamily residential, commercial and institutional, and landscape meters.

C. “Non-potable water” refers to recycled water, groundwater, gray water, or harvested rainwater as used for irrigation or other non-potable approved purposes. (Ord. 1704 § 12, 2021; Ord. 1168 § 2 (part), 1990: Ord. 1143 § 2 (part), 1989) D. “Functional turf” means a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.

E. “Non-functional turf” means any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots. Non-functional turf is solely ornamental and not regularly used for human recreational purposes or for civic or community events.

13.07.070 Water use reduction.

No customer of the city shall make, cause, use or permit the use of potable water from the city for residential, commercial, industrial, agricultural, governmental or any other purpose in a manner contrary to any provision of this chapter.

A. Mandatory Water Conservation. The city will establish by resolution a mandatory water conservation program.

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B. Residential Lifeline Allowance. No customer shall be surcharged or otherwise be penalized for failure to reduce water consumption below a lifeline rate as established by the city.

C. Prohibited Water Uses. In addition to any other requirements of this code, all consumers are deemed to have under their control at all times any and all water distribution lines and facilities serving the property benefited by the water service and to know the manner and extent of their water use and any runoff. The following specific uses of water are prohibited and constitute a violation of this code:

1. Use of water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of San Luis Obispo.

2. Restaurants may not serve water to their customers except on specific request.

3. Potable city water shall not be used for major construction activities, such as grading and dust control, and shall not be used to wash down sidewalks, driveways, or parking areas except to alleviate immediate fire or sanitation hazards.

4. New landscaping may be restricted or prohibited during mandatory water conservation. The council shall adopt by resolution procedures to implement this section. (Ord. 1395 § 1, 2001: Ord. 1168 § 2 (part), 1990: Ord. 1143 § 2 (part), 1989)

5. Irrigating outdoors during and within 48 hours following measurable rainfall.

6. The use of potable water for the irrigation of non-functional turf located on commercial, industrial, and institutional properties, other than a cemetery, and on properties of homeowners’ associations, common interest developments, and community service organizations or similar entities is prohibited as of the following dates:
a. All properties owned by the Department of General Services, beginning January 1, 2027.
b. All properties owned by local governments, local or regional public agencies, and public water systems, except those specified in paragraph (5), beginning January 1, 2027.
c. All other institutional properties and all commercial and industrial properties, beginning January 1, 2028.
d. All common areas of properties of homeowners’ associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029.

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e. All properties owned by local governments, local public agencies, and public water systems in a disadvantaged community, beginning January 1, 2031, or the date upon which a state funding source is made available to fund conversion of nonfunctional turf on these properties to climate-appropriate landscapes, whichever is later.

Notwithstanding subdivision (a), the use of potable water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need.

SECTION 8. Chapter 13.08 of the San Luis Obispo Municipal Code is hereby amended to read as follows:

Chapter 13.08 - SEWERS
Sections:

13.08.090 Grease, oil and sand interceptors.Fats, oils, and grease discharge control program

13.08.091 Food service establishment requirements

13.08.092 Grease control device requirements

13.08.093 Maintenance and operation of grease control devices

13.08.094 Maintenance reporting requirements for grease control devices

13.08.095 Fats, oils and grease discharge control retrofit requirements

13.08.096 Fats, oils and grease control program violations

13.08.020 Definitions and abbreviations.

A. The following abbreviations, when used in this chapter, shall have the designated meanings:

1. BOD—Biochemical oxygen demand.

2. BMP—Best management practice.

3. BMR—Baseline monitoring report.

4. CFR—Code of Federal Regulations.

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5. CIU—Categorical industrial user.

6. COD—Chemical oxygen demand.

7. CPC—California Plumbing Code

8. DFA—Department of Food and Agriculture

9. FOG—Fats, Oils and Grease

10. FSE – Food Service Establishment
711. EPA—U.S. Environmental Protection Agency.

12. GCD—Grease Control Device

13. GCI—Gravity Grease Interceptor
814. gpd—gallons per day.

15. GRD—Grease Removal Device

16. HGI—Hydromechanical Grease Interceptor
179. IU—Industrial user.
1810. mg/L—milligrams per liter.
1911. NPDES—National Pollutant Discharge Elimination System. 2012. POTW—Publicly owned treatment works.
2113. RCRA—Resource Conservation and Recovery Act.
2214. SIU—Significant industrial user.
2315. SNC—Significant noncompliance.

24. SSO – Sanitary Sewer Overflow
2516. TSS—Total suspended solids.
2617. USC—United States Code.

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The following terms, when used in this chapter, shall have the following meanings, unless otherwise specified:

B. “Accredited Laboratory” means a laboratory that has been evaluated and accredited by the Environmental Accreditation Program (ELAP). ELAP-accredited laboratories have demonstrated capability to analyze environmental samples using approved methods.

CB. “Act” or “the Act” means the Federal Water Pollution Control Act Amendments of 1972 (33 USC § 1251, et seq.) and any amendments thereto including the Clean Water Act of 1977, as well as any regulations, guidelines, limitations and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.

C. “Approval authority” means State Water Resources Control Board.

D. “Authorized or duly authorized representative of the user” means any of the following:

1. If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or b. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including the explicit or implicit duty to make major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; has the ability to ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.

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4. The individuals described in subsections (D)(1) through (3) of this section may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for either the overall operation of the facility from which the discharge originates or the overall environmental matters of the company, and the written authorization is submitted to the city.

E. “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade and expressed in milligrams per liter (mg/L).

F. “Best management practices” (or “BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this article and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or sewage disposal, or drainage from raw materials storage.

G. “Blockage” means a stoppage, restriction, or reduction in flow capacity of the sewer system caused or exacerbated by pollutants and/or the accumulation of FOG.

H. California Plumbing Code (CPC)” means California Plumbing Code (Cal. Code Regs.

Title 24, Part 5) as adopted in SLOMC 15.02.050.

IG. “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

JH. “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the Act (33 USC § 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Part 405s-471.

KI. “City” means the city of San Luis Obispo.

LJ. “Class I industrial user” means any industrial user that has materials and/or wastes on site that if discharged to the sewer may impact the POTW in a negative manner. These materials and wastes include, but are not limited to, any and all prohibited discharges described in Section 13.08.040.

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MK. “Class II industrial user” means any industrial user that may discharge conventional pollutants to the POTW which may cause interference or pass-through. These wastes include but are not limited to laundry discharges, nonhazardous solids and oil and grease of animal or vegetable origin.

NL. “Control authority” means the city of San Luis Obispo.

OM. “Conventional pollutants” means pollutants which are usually found in domestic and/or commercial wastes such as suspended solids, biological oxygen demand, pathogenic organisms, and oil and grease of animal or vegetable origin.

PN. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

QO. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

R. “Density” shall be defined pursuant to City of San Luis Obispo Municipal Code Title 17 Zoning Regulations.

SP. “Director” means the utilities director of the city of San Luis Obispo or his or her duly authorized representative. Any notice required to be given to the director shall be delivered to the director at 879 Morro Street, San Luis Obispo, or as otherwise directed.

TQ. “Domestic wastewater” means water bearing only those wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal to, and treatment in, the POTW.

UR. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

VS. “Existing source” means any source of discharge that is not a “new source.” W. “Fats, Oils, or Grease (FOG)” means any substance, such as vegetable or animal product, that is used in, or is a byproduct of, the cooking or food preparation process, and

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that turns or may turn viscous or solidifies with a change in temperature or other conditions.

X. “FOG Discharge Control Program” means the Program adopted by the City setting forth, among other things, Best Management Practices for FSEs or Industrial Users and establishing appropriate standards and specifications for Grease Control Devices.

Y. “Food Waste Disposer” or food grinder or garbage grinder shall mean any device installed in the plumbing or sanitary sewer system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the sanitary sewer system. Food Waste Disposers are not allowed.

Z. “Food service establishment (FSE)” includes, but is not limited to, any facility preparing and/or serving food for commercial use or sale. This includes restaurants, cafes, lunch counters, cafeterias, hotels, hospitals, convalescent homes, factory or school kitchens, coffee houses/shops, sandwich shops, mobile food facilities, catering kitchens, bakeries, grocery stores with food preparation, meat cutting and preparation, and other commercial food handling facilities not listed above where fats, oils, and grease may be introduced into the sanitary sewers.

AA. “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen minutes.

BB. “Gravity Grease Interceptor (GGI)” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and greases (FOG) from a wastewater discharge and is identified by volume, 30-minute retention time, baffle(s), not less than two compartments, a total volume of not less than 300 gallons, and gravity separation. Approved GGIs shall be certified in accordance with IAPMO/ANSI Z1001.

CCU. “Grease” means all fat, grease, oil, wax or other trichlorotrifluoroethane-soluble matter of animal, vegetable, petroleum or mineral origin.

DD. “Grease Control Device (GCD)” means a device used to remove FOG from kitchen wastes discharged to the sanitary sewer such as a gravity grease interceptor (GGI), hydromechanical grease interceptor (HGI), or grease removal device (GRD).

EE. “Grease Removal Device (GRD)” means a hydromechanical grease interceptor that automatically, mechanically removes non-petroleum fats, oils, and greases (FOG) from

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the interceptor, the control of which are either automatic or manually initiated. Approved GRDs shall be third-party tested and certified in accordance with ASME A112.14.4 or CSA B481.5.

FF. “Hydromechanical Grease Interceptor (HGI)” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oil, and grease (FOG) from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, or barriers in combination or separately, and one of the following:

Type A: external flow control, with an air intake (vent), directly connected Type B: external flow control, without an air intake (vent), directly connected Type C: without external flow control, directly connected Type D: without external flow control, indirectly connected Approved HGIs shall be third party tested and certified in accordance with ASME A112.14.3, CSA B481, or PDI G101.

GGV. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic non-permitted source.

HHW. “Industrial user” or “user” means a source of indirect discharge.

IIX. “Industrial user’s survey” means a questionnaire (and related process) used by the city to identify and categorize industrial users and the characteristics of their wastewater discharge.

JJY. “Infectious waste” means any waste material or article which harbors or may reasonably be considered to harbor any type of microorganism, helminth or virus which causes or significantly contributes to increased morbidity or mortality in human beings.

KKZ. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

LL. “Intensified development” means the development of a property, site or area through development, redevelopment, infill or expansion or conversion of existing buildings resulting in any of the following conditions: development results in a higher residential density than currently exists; development results in an increase in habitable residential or non-residential building area of 450 square feet or greater than currently exists

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(excluding garages, gazebos and sheds without plumbing fixtures); or development would increase the plumbing fixture count by ten percent or more.

MMAA. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act.

NN.“Kitchen remodel” means an FSE kitchen remodel that involves significant changes to the kitchen, as determined by the city, such as removal or addition of walls or changes to drain lines that involve invasive work to walls or floors, expanding or adding seating to the dining area, expanding or adding fixtures to the kitchen area, or other such changes that have the potential to increase customer volume.

OOBB. “Lateral” or “sewer lateral” means that part of the piping of a drainage system that extends from a public or private building, structure or facility and conveys wastewater to the point at which it enters the public sewer, private sewer, private sewer disposal system, or other point of disposal. This may extend beyond the boundaries of the property being served.

PPCC. “Local limit” means the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

QQ. “Major operational change” means a physical change or operational change causing generation of an amount of FOG that exceeds the current amount of FOG discharged to the sewer system by an FSE or User in an amount that alone or collectively causes or creates a potential for SSOs to occur.

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RR. “Manifest” means that receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the city.

SSDD. “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, or dialysis wastes.

EE. “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

FF. “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

TTGG. “Natural outlet” means any outlet into a watercourse, pond, lake or other body of surface water or ground water.

UU. “New food service establishment” means:

1. a new building which will contain a food service establishment (FSE); or

2. the installation of an FSE in an existing building which has not previously contained an FSE requiring a restaurant plan check from the city of San Luis Obispo.

VVHH. “New source” means:

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located; or
b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

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c. The production of wastewater-generating processes of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (TTHH)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this subsection has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-site construction program;
i. Any placement, assembly, or installation of facilities or equipment; or ii. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

WWII. Noncontact Cooling Water. Water used for cooling that does not come into direct contact with any raw material, immediate product, or finished product.

XXJJ. “Pass-through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.

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YYKK. “Person” means any individual, firm, company, association, society, corporation, group, governmental agency or educational institution.

ZZLL. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units.

AAAMM. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, or certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

BBBNN. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

CCCOO. “Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

PP. “Pretreatment standards” or “standards” shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.

DDDQQ. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.08.040.

EEERR. “Publicly owned treatment works (POTW)” means the city-owned treatment works, as defined by Section 212 of the Act. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

FFF. “Sanitary sewer overflow (SSO)” means untreated or partially treated sewage overflows from a sanitary sewer collection system.

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GGG. “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, or septic tanks.

HHHTT. “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

IIIUU. “Significant industrial user (SIU)” means any industrial discharger subject to federal categorical pretreatment standards or any industrial discharger that:

1. Discharges ten thousand gallons per day or more of process wastewater;

2. Contributes five percent or more of the average dry weather hydraulic capacity of the treatment plant;

3. Discharges either continuously or intermittently to the POTW, process wastewaters containing priority pollutants as determined through analytical procedures or reasonable technical judgment; or

4. Has a reasonable potential, in the opinion of the director, to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.

JJJVV. “Significant noncompliance” means any one of the following:

1. Chronic violations of wastewater discharge limits, as defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.8(f)(2)(vii);

2. Technical review criteria (TRC) violations, defined here as those in which thirtythree percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

3. Any violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

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4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority as stated in this chapter to halt or prevent such a discharge;

5. Failure to meet, within ninety days after schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic selfmonitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance;

8. Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program.

KKKWW. “Slug load” or “slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 13.08.040. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

LLLXX. “Stormdrain” means a sewer which is designed to carry storm and surface waters and drainage rather than sewage or industrial wastes.

MMMYY. “Stormwater” or “storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

NNNZZ. “Total suspended solids” (TSS) or “suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

OOOAAA. “Toxic” or “poisonous” means any solid, liquid or gas in such quantity that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere with sewage treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system.

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PPP. “Used cooking oil” means recyclable fats and oils originating from commercial or industrial food processing operations, including restaurants, that have been used for cooking or frying.

QQQBBB. “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

RRRCCC. “Wastewater treatment plant (WWTP)” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 1598 § 1 (part), 2014)

13.08.040 Prohibited discharges.

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

B. Specific Prohibitions. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any sewers:

1. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (sixty-six degrees Celsius), or which will inhibit biological activity in the treatment plant, resulting in interference, but in no case higher than one hundred four degrees Fahrenheit (forty degrees Celsius) at introduction into the wastewater treatment plant.

2. Any waters or wastes containing non-petroleum-based fats, oils, or grease (FOG), and/or petroleum-based oil and grease such that the discharge results in a stoppage, plugging, breakage, significant obstruction to flow or any other damage to or increased maintenance of sewers or sewerage facilities. No person shall discharge oil and grease which results in pass-through and/or interference.

3. Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or

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explosion or be injurious in any other way to the POTW and/or cause acute worker health and safety problems to its personnel or to the operation of the system.

4. Any waters or wastes that have a closed cup flashpoint of less than one hundred forty degrees Fahrenheit (sixty degrees Celsius), using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene or xylene.

5. Any solid or viscous substance, including but not limited to unground garbage, feathers, ashes, cinders, sand, polishing compounds, resin beads, metal, glass, straw, rags, spent grains or hops, wood, plastic, mud, shavings or manure which may cause obstruction to the flow in sewers or other interference with the proper operation of the POTW.

6. Any waters or wastes having pH lower than 5.0 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the POTW.

7. Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard or local discharge limit.

8. Any waters or wastes including oxygen demanding pollutants (BOD, etc.) at a flow rate and/or concentration which, either singly or by interaction with other pollutants, will cause interference or pass-through.

9. Any average daily flow greater than two percent of the WWTP average daily sewage flow.

10. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass-through.

11. Any trucked or hauled pollutants, except at discharge points designated by the director.

12. Any waters or wastes containing any radioactive materials or wastes of such half-life or concentration that they do not comply with regulations issued by appropriate authorities (Sections 30285 and 30287 of the California Code of Regulations).

13. Any infectious wastes.

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14. Any medical wastes, except as specifically authorized by the director in an individual wastewater discharge permit or a general permit.

15. Any waters or wastes containing color which is not removed in the ordinary WWTP treatment process.

16. Any noxious or malodorous liquids, gases, solids, or other wastewater which either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

17. Any stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

E. Local Limits.

1. The director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

2. The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following:

CONSTITUENT

UNIFORM
LIMIT (mg/L)
(daily average)

CONTRIBUTORY
LIMIT A (mg/L)
(daily average)

CONTRIBUTORY
LIMIT B (mg/L)
(daily average)
Ammonia 32 50
Biochemical Oxygen
Demand (BOD)
226 400 250

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CONSTITUENT

UNIFORM
LIMIT (mg/L)
(daily average)

CONTRIBUTORY
LIMIT A (mg/L)
(daily average)

CONTRIBUTORY
LIMIT B (mg/L)
(daily average)
Chloride 1523
Sodium 1200
Total Dissolved Solids
(TDS)
2215
Total Suspended Solids
(TSS)
2346
Copper 0.14 0.20
Zinc 0.17 1.00 0.50

3. Unless otherwise stated in individual discharge permit, the uniform limits shall apply to all dischargers. Application for contributory Limit A or B may be made to the director. The director’s decision shall be the city’s final decision.

4. The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The director may impose mass limitations in addition or alternative to the concentration based limitations above.

F. Limitations on wastewater strength in this chapter may be supplemented with more stringent limitations if:

1. The director determines that the limitations listed in this chapter may not be sufficient to protect the operation of the city’s treatment works; or

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2. The director determines that the limitations listed in this chapter may not be sufficient to enable the city’s treatment works to comply with water quality standards or effluent limitations specified in the city’s NPDES permit.

G. When the director determines that a user is contributing any of the substances mentioned in subsection A of this section in such amounts as to interfere with the operation of the POTW, the director may:

1. Advise the user of the impact of the contribution on the POTW;

2. Develop effluent limitations for the user to correct;

3. Place limits on rate and time of discharge or requirements for flow regulations and equalization;

4. Require pretreatment of discharge prior to discharge to POTW; and/ or

5. Take any other action necessary to eliminate the interference.

H. Where an industrial user utilizes all or a portion of their domestic water supply from a source other than city of San Luis Obispo potable water, the city may require additional laboratory testing of any potential constituents of concern which may be discharged to the POTW. This testing will be performed by a state of California certified accredited laboratory, at a frequency and length of time determined by the city, at solely the industrial user’s expense.

I. The director may develop best management practices (BMPs), in individual wastewater discharge permits, to implement local limits and the requirements of this chapter.

J. The contents of swimming pools and/or spas (including filter backwash from swimming pools and/or spas) shall only be discharged into the sanitary sewer in the manner specified herein.

1. The water is discharged by pumping and shall not exceed the capacity of the sewer lateral and/or public main.

2. Each swimming pool discharging to a sewer system shall be equipped with an indirect waste connection to preclude any possibility of a backflow of sewage into the swimming pool or piping system. (Ord. 1598 § 1 (part), 2014)

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3. Draining, pools, reservoirs, or tanks with a capacity of 500,00 gallons or greater require an approved drainage schedule. This drainage schedule shall be submitted to and approved by the director or designee at least fourteen days prior to starting drainage, to reduce the likelihood of a sanitary sewer overflow or POTW upset.

13.08.050 Federal categorical pretreatment standards—Applicability.

Industrial Uusers must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471. (Ord. 1598 § 1 (part), 2014)

13.08.090 Fats, oils and grease discharge control program purpose and policyGrease, oil and sand interceptors.

A. Sanitary sewer overflows (SSOs) are a major concern to wastewater agencies throughout the State of California. The Statewide General Waste Discharge Requirements for Sanitary Sewer Systems requires the city to have a FOG Discharge Control Program. A frequent cause of SSOs is the blockage of sewer lines due to discharge of fats, oils, and grease (FOG) into the sanitary sewer systems from food preparation and clean-up operations. To prevent SSOs in its sanitary sewer system, the City of San Luis Obispo has developed and implemented a program, as set forth herein, to reduce the discharge of FOG from restaurants and other food service establishments (FSEs) to mitigate blockages in sewer lines. This program enables the City of San Luis Obispo to comply with requirements of the California State Water Resources Control Board.

B. This program helps to protect public health and safety through:

1. Reducing the potential for blockages of and sewage releases from the city’s sewer systems due to accumulation of fats, oils, or grease;

2. Reducing the city’s costs of operating the sewer system;

3. Promoting proper handling and disposal of fats, oils, and grease through educational and regulatory programs.

C. Upon adoption of the ordinance codified in this chapter, all food service establishments (FSEs) shall be subject to this chapter to the extent permitted by law. Any facility with a permanently plumbed connection to the city sewer system that has the potential to generate discharges of fats, oils, or grease (FOG) must comply with these ordinances.

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D. Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director may be delegated by the director to a duly authorized City of San Luis Obispo employee.

A. Grease, oil and sand interceptors shall be installed for the proper handling of liquid wastes containing grease, flammable wastes, sand or other harmful constituents; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director in accordance with the Uniform Plumbing Code, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

B. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times. Those interceptors found to be inadequately sized or insufficiently removing fats, oils, and grease, for any reason, will be required to be repaired or replaced, at owner’s expense.

Failure to properly maintain interceptors in continuously efficient operation may be considered sufficient cause for disconnection of premises from the POTW or punitive actions as provided for in this chapter.

C. Where installed, all grease, oil, and sand interceptors must be serviced on a routine basis, determined by usage patterns, and have the wastes properly disposed of in accordance to all applicable rules and regulations.

D. Where installed, all grease, oil, and sand interceptors must have all related maintenance documented. All interceptor cleaning and service records for the previous three years must be kept on site and made immediately available during inspection. (Ord. 1598 § 1 (part), 2014)

13.08.091 Food service establishment requirements.

A. Permit required
All new FSEs and all existing FSEs shall have a current Class II industrial user permit issued by the director and at least one Grease Control Device (GCD).

B. Permit fees

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Section 13.08.140 of the SLOMC specifies that the city shall have the authority to assess and collect fees from users of the sanitary sewer system to recover costs incurred by the city when regulating discharges into the system. The fees specified therein are applicable to all FSEs. For a current cost of the annual permit fee, refer to the current city fee schedule.

C. Re-inspection fee
If an inspection by city staff determines that a permittee is in violation of one or more requirements of this chapter, the permittee shall be charged a re-inspection fee to reimburse the city for the cost of a re-inspection to determine that the violation has been corrected. Additional fees may be assessed if an Administrative Citation is issued to the permittee, as discussed in the SLOMC Chapter 1.24.

D. Used cooking oil container
All FSEs shall have a container or drum for collecting waste kitchen grease and used cooking oil unless deemed unnecessary by the director. FOG removed from GCDs shall not be placed in this container, as it is more difficult to recycle. The container shall be used and maintained appropriately so as to prevent spills or leaking. The container shall be serviced (emptied or exchanged) and recycled by a waste hauler at an appropriate frequency as defined by Section 13.08.093 (Maintenance and Operation of Grease Control Devices). Receipts or other documentation of such service shall be retained at the FSE and presented to the city on request. The FSE shall maintain adequate employee training and/or signage to assure that the container is used and maintained in an appropriate manner, as discussed below in §§13.08.091(G) (Kitchen Best Management Practices.) Any oil on or around collection container or drum shall be cleaned up immediately. Failure to maintain this area may constitute a violation of SLOMC Section 13.08.096.

E. Storm water pollution
All FSEs shall operate in a manner which prevents any discharge of FOG or other wastes to the storm water drain system. Any outdoor spills or washing activities may constitute a violation of SLOMC Chapter 12.08.

F. Inspections

1. To the extent permitted by law, city representatives may enter upon a facility’s premises to determine compliance with this chapter. The city shall attempt to perform inspections in a manner so as to minimize the impact on the operation of the food service establishment. However, the FSE shall provide the city, at all times that the FSE is open to the public and/or in operation, with access to the premises, specifically the GCDs, used cooking oil containers and maintenance records.. If the GCD or used cooking oil container is inaccessible to city representatives due

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San Luis Obispo City CouncilApril 2, 2024

San Luis Obispo City Council
April 2, 2024