HomeMy WebLinkAbout04/06/2010, PH 1 - INTRODUCTION OF THE URBAN STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCE COuncit hl"k'Dw, 4/6/10
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C ITY O F SAN LUI S O B I S P 0
FROM: Jay D. Walter, Director of Public Works j(DW
Prepared By: Barbara Lynch, Deputy Director of Public Works
SUBJECT: INTRODUCTION OF THE URBAN STORM WATER QUALITY
MANAGEMENT AND DISCHARGE CONTROL ORDINANCE
RECOMMENDATION
1. Introduce an ordinance repealing Chapter 12.08 Rain Water Drains of the Municipal Code
and adopting a new Chapter 12.08 entitled Urban Storm Water Quality Management and
Discharge Control of the Municipal Code.
2. Adopt a resolution establishing a new Creek and Flood Protection fee schedule.
DISCUSSION
Background
In 1987 Congress specifically mandated the Environmental Protection Agency(EPA) to establish
storm water programs that address the introduction of pollutants into water bodies from storm
water runoff. Storm water was identified in the original Clean Water Act of 1972 to be a
significant source of pollution.
Phase I storm water programs began in 1990 and targeted municipalities with populations of
100,000 or greater. In 2003 the State of California adopted a Phase II program to address storm
water from municipalities with populations of 100,000 or less. Unlike the Phase I regulations
which issued an individual National Pollutant Discharge Elimination System (NPDES) permit to
each entity, the Phase II program is a general statewide permit which applies to all municipalities
equally, but requires the development of a Storm Water Management Plan (SWMP) for each
municipality. These programs are generally referred to as Phase II Municipal Storm Water
Programs.
The Environmental Protection Agency, acts through the State Water Quality Control Board and
Regional Water Quality Control Boards (RWQCB) to implement the provisions of the Clean
Water Act. The City is one of several small communities most recently enrolled into this
national effort to improve water quality. The City began implementation of a draft storm water
management plan in June 2008. In June 2009, the City was formally enrolled into the Phase II
Municipal Storm Water program for the Central Coast Region.
The Storm Water Management Plan outlines over 270 individual work items the City must
undertake over the next five years to meet the program requirements. Some of the work items
require the City to adopt ordinances to cover the following:
Storm Water Quality Ordinance Page 2
1. Expand the ability to enforce the regulation of erosion, sediment, construction waste,
construction site practices, and implement sanctions for non-compliance.
2. Prohibit non-storm water discharges and implement appropriate enforcement procedures and
actions.
3. Clearly define storm water, non-storm water, and illicit discharges
4. Reduce/eliminate pet waste and thereby fecal coliform loading from pet waste
5. Require installation and maintenance of animal preclusion devices
As all of these subjects have a common thread in water quality, staff has taken the approach of
developing a single ordinance, rather than several smaller ordinances.
Outreach
The first draft of the ordinance was completed at the end of 2008 and posted on the City's web
site, including a link on the home page. At that time, staff anticipated bringing the ordinance
before the Council in the spring of 2009. During this same time frame, the RWQCB mandated
significant new requirements for the City to include in its Stormwater Management Plan and
there was a reduction in staffing. Remaining staff resources were applied to negotiations with the
Board on the new requirements, and to completion of the Storm Water Management Plan. The
result of the extended delay was an extended posting of the ordinance on the City's home page.
During the year it was posted, staff received one inquiry but no comments.
In early 2010, staff conducted two workshops on the ordinance for the public, one daytime and
one evening event. The workshops included an overview of the key items in the draft ordinance
and an opportunity to give feedback and comments to staff.The workshops drew a total of eleven
attendees, representing residents, engineers, developers, and other public agencies. There were a
number of good comments, several of which were suggestions such as providing checklists on
the new requirements to make compliance easier for project designers. There were also some
general concerns expressed regarding the upcoming initiatives involving low impact
development and hydromodification, which are not expected to come before the Council in final
form for another two years. Concerns regarding the actual requirements of the ordinance were
limited to recordation of maintenance documents with property deeds, and new fees. These
concems are discussed in more detail in the following section on the ordinance provisions.
Ordinance Provisions
Ultimately the City is held responsible by the Regional Water Quality Control Board for the
condition of its waterways. For this reason, staff approached the ordinance writing with a broad
authority to regulate what the community puts into the drainage system, which includes the
creeks. For example, the ordinance requires that property owners have a permit to connect to the
City's storm drain system. In the event a pollutant is observed in the creek, it can likely be traced
up-stream to the public storm drain emptying into the creek. The knowledge that there is a
basement sump pump connected to that public storm drain, and that the material in the creek
appears to be floor wax, could help staff locate and stop the problem much more quickly, and
designate the party responsible for clean up. If unable to track the source, the City would assume
the clean up responsibility. This permit process is intended to benefit both the public and the
City, as the responsible agency.
Storm Water Quality Ordinance Page 3
The ordinance covers broad topics such as construction and development, property owner
responsibilities, and responsibilities of the general public. That is all followed up with language
to enforce the provisions of the code if compliance is not forthcoming. As can be seen from the
list of ordinance requirements outlined in the City's Stormwater Management Plan, and listed in
the Background section of this report, enforcement mechanisms were very much of interest to the
RWQCB.
1. How the ordinance applies to all citizens
There is a general prohibition in the ordinance on disposing of anything, other than rainwater,
where it can enter the storm drain system. This is the basic overarching provision in stormwater
quality management. The ordinance specifies that the City will, over time, adopt and require the
use of Best Management Practices where activities may contribute to polluted stormwater. While
this seems like another layer of regulation, it actually will assist those trying to comply by
specifying effective ways to do things so that pollution is minimized. A good example is the
downtown sidewalk scrubbing activities. Staff has held training for contractors on ways to do the
work so that the dirty water is recovered rather than being allowed to flow into the creek.
The ordinance requires that responsible parties report spills and clean them up. If a property has a
connection to the storm drain system, then reporting will be required; and if problems are
reoccurring, monitoring of the discharge by the permittee may be required.
Animal waste is specifically identified in the plan to be addressed by the new ordinance. The City
currently has a requirement for cat, dog, and equine owners to pick up after their animals in
parks. However, animal waste is a bigger issue and the ordinance tackles it on three fronts. First
of all, cleaning up after animals is required in more areas than just parks. It is not unusual to see
animal waste on sidewalks and parkways. The ordinance requires that owners cleanup after their
animals regardless of where they are. Second, feeding of feral animals, such as ducks at the
parks, is not appropriate. feeding promotes increased populations and increases animal waste in
the water bodies. Feeding the ducks is a long standing past time and favorite activity for many. It
will take an education program, and time, before we are able to shift the priority for community
toward clean water and animal population stability. The last challenge facing the City in regards
to animal populations is currently focused in the Mission Plaza portion of the creek. The City is
under special regulation for this stretch of creek because of pollutant levels in the water. The
RWQCB has asked the City to develop ways to eliminate bird roosting areas in the under-City
culvert. The water quality is different in the creek above and below the culvert and the RWQCB
believes that the roosting birds are a contributing factor. The ordinance would allow the City to
require property owners to install preclusion devices to prevent roosting. A portion of the
roosting sites belong to the City and the City will share in the requirement to discourage roosting.
The enforcement program generally follows the guidelines established by the City for
Administrative Citations. The Council was clear at the adoption of that program that the goal was
to educate first. This is the approach being used by Code Enforcement, but the lack of regulation
has made it difficult to gain compliance to reduce pollutants in the system. The ordinance does
provide for emergency action by the City in the event there is an immediate threat to the health,
safety or well being of the public, and the ability for the City to recoup those costs.
Pel 1-3
Storm Water Quality Ordinance Page 4
2. How the ordinance applies to construction and development
Regulations regarding construction are already in place for any large disturbance and for work
within the City's right-of-way. The ordinance also provides for adoption of Best Management
Practices in the future to be added to the City's existing documents guiding construction.
Large grading projects are required by State law to prepare and submit a Storm Water Pollution
Prevention Plan (SWPPP.) The ordinance requires a construction security deposit to ensure the
control devices are maintained. It is not uncommon for sites to implement their SWPPP at the
start of construction, but not perform routine maintenance on the devices. The purpose of the
deposit is to provide the City the financial means to implement the necessary devices on behalf of
the owner if they fail to do so. A deposit like this would have proved very helpful to the City in
the recent construction down turn when property developers did not have any money to continue
work on their projects and lost control of the project. Staff was very challenged to get contractors
to do anything to monitor projects for sediment control. One suggestion from a workshop
attendee was the concept of assuming that compliance will occur and only institute a deposit after
the first failure to maintain. Staff has not presented the ordinance this way because it appeared
that it is actually easier for everyone involved to collect everything at one time, but this is
certainly an option if the Council feels that is a fairer approach. As with other construction
related deposits required by ordinance, the dollar amount is set by the Director of Public Works.
Staff anticipates that the deposit will be a small percentage of the cost of the work. If compliance
is generally good, that percentage can be adjusted down in future years. The greater concern
about this provision, expressed by the attendee, is that it not delay project approval. Staff does
not anticipate this will be an issue, as a number of costs are documented and bonds and deposits
collected prior to start of construction on projects.
3. How the ordinance applies to property owners
General property maintenance is needed to assist the City in maintaining and improving water
quality. For those owning property along creeks, this includes removing trash and other debris
from the creek area. It also includes language to discourage removal of all vegetation, which can
lead to erosion. Owners will be expected to perform a reasonable level of maintenance to
stabilize banks.
If specialized devices, such as a grease separator, are installed as part of property development,
the owner must assume ongoing maintenance responsibilities. Devices can quickly become
useless if not properly cleaned and maintained. The ordinance requires the submission of a
maintenance plan and ongoing documentation of maintenance, along with a recordation of those
responsibilities for purposes of informing new property owners at the time of sale. A concern
expressed at the workshops was that of requiring maintenance responsibilities to be recorded to
the property title. There was a suggestion made to have the title company include a generic insert
that such devices might be present. This does not comply with the conditions set forth in the
State's general permit and staff does not agree that it would provide the same level of assurance
that the information is being passed along over the long term.
There are places in the storm drain system where connections are made from a private to a public
system. In order to have a proper record of these connections, the ordinance will require the
property owner to obtain a permit. This will establish the mechanism for tracking and mapping
44+ �-�
Storm Water Quality Ordinance Page 5
these connections, and, when appropriate, inspecting those connections to ensure there are no
pollutants being drained to the creek inadvertently. These types of connections for individual
private properties are generally located when pipelines are replaced. Staff is only aware of one at
this time. Larger development connections are generally mapped when the development plans are
processed through the City. There are approximately ten such large connections.
CONCURRENCES
The ordinance repealing Chapter 12.08 Rain Water Drains of the Municipal Code and replacing
it with Chapter 12.08 Urban Storm Water Quality Management and Discharge Control of the
Municipal Code has been reviewed an approved by the RWQCB and the members of the City's
Storm Water Management team.
FISCAL IMPACT
The ordinance, in and of itself, does not directly result in any fiscal impact to the City or General
fund. Enforcement of the ordinance will be undertaken by the existing Storm Water Code
Enforcement staff person in the Community Development Department assisted by Water
Conservation, Industrial Waste, Capital Improvement Plan Construction Management, Natural
Resources, Building Inspection and general Code Enforcement staff.
Proposed Fees
The ordinance specifies one new fee for costs associated with connection to the City's storm
drain system. It is not anticipated that there will be a significant number of connections; however,
connections will need to be mapped in the City's Geographical Information System (GIS) and
inspected periodically. Based on the City's policy for cost recovery, the single property
connection fee is $60 and for larger developments connecting private systems, such as detention
facilities or multiple pipe collection systems where mapping and inspections will require more
time, the annual fee is calculated as $150. The annual fee covers permit issuance, initial mapping,
routine inspections, and report review. This fee does not cover all the work required each year;
however; staff assumes that annual inspections will not be needed and the fee will cover the
average annual costs. (Attachment 4) Based on the estimated connections, the annual revenue is
anticipated to be about $1500. Staff believes in this case, the most important thing is knowledge
of these systems and maintenance, and would be supportive of a lower fee.
ALTERNATIVES
Deny adoption of storm water quality ordinance. Staff does not believe this would be a viable
alternative due to the extensive laws and regulations that currently exist to mandate storm water
quality. However, the language used, the level of enforcement, and the cost burden to private
citizens can be altered by Council to some degree within the confines of the approved
Stormwater Management Plan.
ATTACHMENTS
1. Ordinance Highlights 1 f
i
Storm Water Quality Ordinance Page 6
2. Ordinance
3. Legislative Draft
4. Fee Analysis
5. Fee Resolution
T:\Council Agenda Reports\Public Works CAR\2010\Admin\Stormwater Ordinance\SW Ord Intro Rpt.doc
ATTACHMENT
Storm Water Ordinance Highlights
12.08.090
No pollutants allowed into the storm system
12.08.130
A. Property owners may be required to install animal preclusion systems
B. No feeding of feral animals near water bodies
12.08.150
A. &D. Best Management Practices and development standards will be adopted as needed.
E. Deposit required for projects with Stormwater Pollution Prevention Plans to ensure
implementation and ongoing maintenance.
12.60.160
A. Maintenance of property is required to prevent pollutants entering the storm drains.
C. Post Construction devices must be maintained, reported on, and have a recorded maintenance
agreement.
12.08.170
Maintenance of creek required by property owner including trash removal and bank stabilization.
12.08.180
A. Direct connections to the storm drains must be permitted.
B. There will be an inspection fee sufficient to cover the cost of inspection and sampling.
D. Certifications of compliance required.
E. Permit agreements recorded
12.08.200
The City may require monitoring, analysis, and reporting were pollution potential exists.
12.08.210
A. &B. Anyone who releases pollutant is responsible to clean up and notify.
12.08.220
The City has the authority to inspect and take samples of discharge.
12.08.250& 12.08.260 & 12.08.270
The City has the authority to do abatement of discharges if the work is not done by the property
owner after notice, or where there is an immediate threat to health, safety,or well being of the
public, and to charge the property owner for its work.
- ATTACHMENT 2-1
Ordinance No. (2 010 Series)
Page I
ORDINANCE NO. 2010 Series
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REGULATING
URBAN STORMWATER QUALITY AND DISCHARGE CONTROL
WHEREAS, the City is obligated under the federal Clean Water Act and the State
Porter-Cologne Act to take steps to reduce pollution in its streams; and
WHEREAS, the City is part of a group of agencies identified by the Clean Water Act
required to implement a Storm Water Management Plan; and
WHEREAS, the City has prepared a Storm Water Management Plan for approval that
includes a commitment to prepare a storm water ordinance to regulate stormwater discharge,
animal waste, construction related erosion and sediment control, and post construction devices;
and
WHEREAS, the Storm Water Quality Ordinance is statutorily exempt from CEQA under
Discharge Requirements, Section 15263 of the CEQA Regulations;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo, as follows:
SECTION 1: Chapter 12.08 of the City's Municipal Code entitled Rainwater Drains is
hereby repealed in its entirety.
SECTION 2: A new Chapter 12.08, entitled Urban Storm Water Quality Management
and Discharge Control is hereby added to the San Luis Obispo Municipal Code to read as
follows:
12.08.010 Title. This Ordinance may also be cited as the "Storm Water Quality Ordinance" of
the City of San Luis Obispo.
12.08.020 Purpose and intent.The purpose and intent of this Ordinance 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 water discharges to the maximum extent practicable, by prohibiting non-
storm water discharges to the storm drain system, and improving stormwater management.
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 ordinance.
a. Storm Drain Map
ATTACHMENT 2-2
Ordinance No. (2010 Series)
Page 2
b. Waterway Management Plan
c. Waterway Management Plan Appendix
d. Waterway Management Plan Drainage Design Manual
e. Waterway Management Plan Stream Management and Maintenance Program
f. Waterway Management Plan Stream Management and Maintenance Program
Appendix A
g. Waterway Management Plan Environmental Impact Statement / Report for Public
Hearing
h. Creek and Flood Protection Fee Schedule
i. City Engineering Standards
j. City Engineering Standard Specifications
k. City of San Luis Obispo Stormwater Management Plan
1. Community Design Guidelines
B. "Authorized Representative" means that person, designated in writing to the Director by the
property owner, to act on behalf of the property owner.
C. '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 System
and waters of the United States. BMPs include but are not limited to, treatment facilities to
remove pollutants from storm water; operating and maintenance procedures; facility
management practices to control runoff, spillage or leaks of non-storm water, 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.
D. "City" shall mean the City of San Luis Obispo
E. "Clean Water Act" means the federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.,
and any subsequent amendments thereto.
F. "Construction activity" means any of the following activities, including but not limited to
clearing and grubbing, grading, excavating, demolition and construction.
G. "Director" means the Community Development Director or Public Works Director of the
City, acting either directly or through an authorized designee.
H. "Groundwater" means any naturally occurring subsurface water, including springs.
I. "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,
J �
ATTACHMENT 2-3
Ordinance No. (2010 Series)
Page 3
stored, transported; disposed of, or otherwise managed, as defined in section 25501 of the
Health and Safety Code.
J. "Illegal discharge" means any direct or indirect non-storm water discharge to the storm drain
system, except as exempted by this ordinance.
K. "Illicit connection" means any of the following:
a. 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.
b. 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.
c. Any drain or conveyance connected from any land use to the storm drain system
which has not been documented and approved by the City.
d. Any unpermitted connection of a stormwater system to the publicly owned treatment
works as defined in Chapter 13.08 of the Municipal Code.
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 water discharge permits which regulate facilities defined in federal
NPDES regulations pursuant to the Clean Water Act.
O. 'Non-Storm water discharge" means any discharge to the storm drain system that is not
composed entirely of storm water.
P. "Pollutant" means anything which causes or contributes to pollution including, but are not
limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous
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.
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
P[41-1L)
ATTACHMENT 2-4
Ordinance No. (2010 Series)
Page 4
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, Sections 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. "Storm drain system" means any public or private facilities by which storm water 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.
U. "Storm water'' means any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
V. "Stormwater 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.
W. "Waters of the United States" means surface watercourses and water bodies as defined at 40
CFR 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 water at and during all times and seasons.
12.08.040 Applicability. This Ordinance shall apply to all water entering the storm drain system
generated on any developed and undeveloped lands within the City.
12.08.050 Responsibility for Administration. The.Director shall administer, implement, and
enforce the provisions of this Chapter.
12.08.060 Severability. The provisions of this Ordinance are hereby declared to be severable. If
any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any
person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or application of this Ordinance.
I I
ATTACHMENT 2-5
Ordinance No. (2010 Series)
Page 5
12.08.070 Regulatory Consistency. This Ordinance shall be construed to assure consistency
with the requirements of the Clean Water Act and Porter-Cologne Act and acts amended thereto
or supplementary thereto, or any applicable implementing regulations.
12.08.080 Ultimate Responsibility of Discharger. The standards set forth herein and
promulgated pursuant to this Ordinance are minimum standards; therefore this Ordinance does
not intend nor imply that a person's compliance will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants into waters of the United States. This
Ordinance shall not create liability on the part of the City, or any of its employees or agents for
any damages that result from any person's reliance on this Ordinance or any administrative
decision lawfully made there under.
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 water, including water runoff as defined in Chapter 13.07 of
the Municipal Code.
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 is can be conveyed
by storm water.
12.08.100 Exceptions to 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 Ordinance.
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.
B. Non-storm water 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 for any discharge to the storm drain system.
C. With written concurrence of the Central Coast Regional Water Quality Control Board, the
City may exempt in writing other non-storm water discharges, which are not a source of
pollutants to the storm drain system nor waters of the United States.
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
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ATTACHMENT 2-6
Ordinance No. (2010 Series)
Page 6
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.
12.08.120 Waste Disposal 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 Ordinance 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 of the
Municipal Code.
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 of the Municipal
Code.
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 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 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, pickup 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 or is covered under separate
regulation.
12.08.140 Compliance with Industrial or Construction Activity NPDES Storm Water
P1 l -0
CATTACHMENT 2-7
Ordinance No. (2010 Series)
Page 7
Discharge Permit. Any person subject to an industrial or construction activity NPDES storm
water 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.
12.08.150 Requirement to Prevent, Control, and Reduce Storm Water 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 municipal
activities. In addition to the requirements of these general permits, the City may adopt
additional requirements identifying BMP for any activity, operation, or facility which may
cause or contribute to degradation, pollution, or contamination of storm water, 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 water pollution or contamination, illicit discharges, and/or
discharge of non-storm water or pollutants, or degradation to the storm drain system or water
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. 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
must submit a SWPPP. 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 affect. The Director will approve the SWPPP once the Director is satisfied that the
SWPPP meets the requirements of this Ordinance. 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 Ordinance.
D. New development and redevelopment design standards. The City will adopt design standards-
requiring
tandardsrequiring appropriate BMPs to control the volume, rate, and potential pollutant load of storm
water 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
pp I - 11
ATTACHMENT 2-8
Ordinance No. (2 010 Series)
Page 8
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 Ordinance, 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 Ordinance.
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.
G. Responsibility to identify and post. For the purposes of implementing Section 374 of the
California Penal Code and the requirements of this Ordinance, property 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:
a. Signs. Property owners of an apartment complex consisting of four or more 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:
DRAINS TO CREEK—DUMP NO WASTE
SLO MC SEC 12.08.150
PENAL CODE SECTION 374
Signs specifications shall be available from the Community Development
Department.
b. Placard. Property owners shall be responsible for causing a placard, conforming to
City engineering standards, to be installed at each drainage inlet.
c. Maintenance. Property owners shall be responsible for maintaining signs and
placards, insuring they remain legible.
TA l -IS
�J
ATTACHMENT 2-9
Ordinance No. (2010 Series)
Page 9
12.08.160 Maintenance.
A. General. Property owners are responsible to maintain their premises in such a way as to
comply with this Ordinance and prevent migration of pollutants into the storm drain system.
B. Construction storm water devices. BMPs installed during construction or as measures for
post construction storm water shall be maintained as required to ensure proper operation.
Failure to maintain construction BMPs will result in a stop work order being issued until the
site is in conformance with the requirements of this Ordinance.
C. Post construction storm water devices. Property owners of development or re-development
projects which require installation of post construction storm water 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 Ordinance.
All property owners with post construction storm water devices on their property shall
submit to the Director annual inspection / maintenance reports to confirm continued
compliance with this Ordinance. Reports shall be signed and certified by the property owner
or the authorized representative.
All property owners with post construction storm water 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.
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 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 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 comply 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.
12.08.180 Connections to public storm drain system. .
I
ATTACHMENT 2-10
Ordinance No. (2010 Series)
Page 10
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.
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 Ordinance
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
this Ordinance, 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. Person owning the connection to
the public storm drain system must submit to the Director self-monitoring reports to assess
and assure continued compliance with this Ordinance. Reports shall be signed by the
property owner or the authorized representative. Sampling and reporting shall conform to the
provisions of the permit. i
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 30 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.
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 water 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/date, 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.
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 water pollution, illegal discharges, and/or non-
storm water 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 Ordinance.
ATTACHMENT 2-11
Ordinance No. (2010 Series)
Page 11
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, by phone, or by facsimile no later
than 5:00 p.m. of the same business day or, if on a weekend or holiday, by 10:00 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.
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 water 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 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.
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 Ordinance, investigate potential violations of this Ordinance, or to make an inspection
to enforce any provision of this Ordinance, or whenever the Director has reasonable cause to
believe that there exists, a condition which constitutes a violation of this Ordinance, 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 to inspect and copy
records related to storm water 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.
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.
ATTACHMENT 2-12
Ordinance No. (2010 Series)
Page 12
12.08.230 Notice of violation.
A. Violation Conditions. Whenever the Director finds that a person has violated this Ordinance,
the Director may issue to the person a notice of violation and order compliance. Such notice
may require without limitation:
a. Monitoring, providing analyses, and reporting;
b. Eliminating illicit connections or discharges;
c. Cease and desist of discharges, practices, or operations;
d. Abating or remediating storm water pollution or contamination hazards, and restoring
the affected property;
e. Implementing source control or treatment BMPs; and
f. 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.
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 of the City
Municipal Code.
12.08.250 Abatement by City. If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation, and 10 days have passed or, if an appeal of the
notice of violation was filed and 10 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.
12.08.260 Urgency abatement.
A. Immediate Abatement. The Director may require immediate abatement of any violation of
this Ordinance 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.
RAI A
ATTACHMENT 2-13
Ordinance No. (2010 Series)
Page 13
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 City from seeking other and further relief authorized under this Ordinance.
12.08.270 Charging cost of abatement/liens.
A. Notice of Cost. If the City has incurred costs to abate a violation, the Director shall notify
the property owner within 30 days of the cost, including administrative costs.
B. Appeal. Within 15 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 10 days. If the costs are not paid in full within 10 days, the costs shall become a
special assessment against the property, 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.
12.08.280 Violations.
A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this Ordinance. Any condition caused or permitted to exist in
violation of any of the provisions of this Ordinance 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
Ordinance shall constitute a misdemeanor and may be punished as set forth in Chapter 1.12
of the Municipal Code. Violators are also subject to fines provided for in the Administrative
Code provisions of the Municipal Code, Chapter 1.24, revocation of their Business License,
and/or for persons seeking to work in the right of way, a prohibition from working within the
right-of-way for a period of two years.
C. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized
by this Ordinance, the Director may impose upon a violator alternative compensatory actions,
such as storm drain marking, attendance at compliance workshops, creek cleanup, etc.
12.08.290 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 Ordinance or any provision
?u (—ao
ATTACHMENT 2-14
Ordinance No. (2010 Series)
Page 14
of any requirement issued pursuant to this Ordinance, 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 Ordinance
shall also include written notice to the violator of such potential liability.
SECTION 3. Section 5.01.101 of the Municipal Code shall be amended to reference the
new Stormwater Ordinance, to read as follows:
5.01.101 Purpose.
The purpose of the city's business license regulations is to provide for necessary regulation of
lawful businesses being conducted within the city in the interest of the public health, safety and
welfare of the people of the city. While due diligence will be exercised in reasonably assuring
compliance with all city policies, regulations and ordinances before issuing a business license,
the primary focus of the city's business license regulations is to provide reasonable assurance that
businesses operating in the city are doing so in compliance with the city's planning and building
policies, regulations and ordinances; in compliance with the city's business tax provisions as set
forth in Chapter 3.01 of the municipal code; and in compliance with the city's storm water
quality ordinance set forth in Chapter 12.08 of the municipal code.
SECTION 4. Section 8.05.020 of the Municipal Code shall be amended to add new
section 8.05.020 E. as follows:
8.05.020 Threshold for covered projects.
E. Control of Waste
Regardless of the project size and requirement for a formal recycling plan, all projects shall
implement control of waste to prevent the release of pollutants to the storm drain system in
accordance with the city's storm water quality ordinance set forth in Chapter 12.08 of the
municipal code and city construction standards.
SECTION 5. Section 12.20.040 D. of the Municipal Code is repealed and the existing
subsections E and F shall be re-lettered as follows:
Section 12.20.040 Rules and regulations applicable to city parks.
D. Amplified Sound in City Parks.
1. Purpose. The council enacts this legislation for the sole purpose of securing and promoting the
public health, comfort, safety and welfare of its citizenry. While recognizing that certain uses of
sound amplifying equipment are protected by the constitutional rights of freedom of speech and
assembly, the council nevertheless feels obligated to reasonably regulate the use of sound
amplifying equipment in order to protect the correlative constitutional rights of the citizens of
this community to privacy and freedom from the public nuisance of loud and unnecessary sound.
2. Permit Required for Amplifiers. It is unlawful for any person to install, use and operate within
a park a loudspeaker or any sound amplifying equipment for the purposes of giving instructions,
directions, talks, addresses and lectures, or of transmitting music to any persons or assemblages
T� ��
ATTACHMENT 2-15
Ordinance No. (2010 Series)
Page 15
of persons in the park, or in the vicinity thereof, except when installed, used or operated in
compliance with one of the following provisions:
a. By authorized law enforcement, fire department or park and recreational personnel;
b. Under a reservation or a permit issued by the director, and when operated in accordance with
the terms of the reservation or permit.
3. Power Source for Amplifiers. Amplifiers permitted in parks shall be operated only through a
power source provided by the park department.
4. Regulation of Amplified Volume. If, at any time, the police department determines that the
sound produced by an amplifier in the park is unreasonably interfering with other persons using
the park or with nearby residents in the comfortable and reasonable enjoyment of their premises,
an officer shall request the person in charge of the assembly, or any other person appearing to be
involved in the production of the sound, to immediately reduce the level thereof.
If the sound is not reduced within five minutes to a level satisfactory to the officer, he or she
shall immediately disconnect all amplifiers from the power source provided by the park
department. If the sound is reduced to a level satisfactory to the officer, and he or she thereafter
finds that the sound level appears to have again been increased, he or she shall then disconnect
all amplifiers from the power source provided by the park department.
5. The council shall by resolution adopt standards prescribing staffs discretion in issuing permits
for sound amplifiers, such standards as recommended by the city attorney.
E. Presence in Parks During Certain Hours Prohibited. It shall be unlawful to enter, remain, or
stay in any public park between the hours of ten p.m. and five a.m. of the following day without
approval from the Director. (Ord. 1001 § 1, 1983; Ord. 976 § 1, 1983: prior code § 4226.3; Ord.
1309 §§ 4- 6, 1996)
SECTION 6. Section 12.40.010 (Storm drains—posting signs warning persons not to
litter or dump waste materials) of the Municipal Code is repealed.
SECTION 7. Section 13.08.130 (Stormwater and unpolluted drainage) of the Municipal
Code is deleted in its entirety.
SECTION 8. Section 17.18.050 A. of the Municipal Code is repealed and replaced with
new section 17.18.050 as follows.
17.18.050 Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether direct or indirect, shall comply with
the requirements of the city's storm water quality ordinance set forth in Chapter 12.08 of
the municipal code and city standards, as well as requirements of the State and Regional
Water Quality Control Boards, the California Department of Fish and Game and any
other regulatory agency with jurisdiction over the activity.
SECTION 9. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage in the
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty(30) days after its final passage.
Pk az
I
ATTACHMENT 2-16
Ordinance No. (2 010 Series)
Page 16
INTRODUCED on the day of 2010, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2010 on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
C C
AT7ACHMENT3-1
Legislative Drafts
SECTION 1
pipes eeneone
12.08.120 B. Sidewalk Cross Drainage. No person shall1p ace, erect or maintain any rainwater
leader, drain, pipe, of conduit, or swale as to so that the safn e conveys; e-afries-caor
discharges any water exon or to any sidewalk in the city, dueugh ef by meafts Wlany!Lut all
leaders, drains, pipes, of-conduits, and swales conveying' carrying; or discharging water exempt
under this ordinance, to or beyond the exterior boundary of the lot or pemises on which the same
is erected, placed or maintained, must be led under the sidewalk to theug tter.,-placed or a ifrg
ofsxehpersen. (See also 12.08 all)
SECTION 2
5.01.101 Purpose.
The purpose of the city's business license regulations is to provide for necessary regulation of
lawful businesses being conducted within the city in the interest of the public health, safety and
welfare of the people of the city. While due diligence will be exercised in reasonably assuring
compliance with all city policies, regulations and ordinances before issuing a business license,
the primary focus of the city's business license regulations is to provide reasonable assurance that
businesses operating in the city ate doing so in compliance with the city's planning and building
policies, regulations and ordinances; in compliance with the city's business tax provisions asset
forth in Chapter 3.01 of the municipal code; and in compliance with the city's stormwater
ordinance set forth in Chapter 12.08 of the municipal code.
SECTION 3
8.05.020 E. Control of Waste
Regardless of the project size and requirement for a formal recycling_plan, all projects shall
implement control of waste to prevent the release of pollutants to the storm drain system in
accordance with the city's stormwater ordinance set forth in Chapter 12.08 of the municipal code
and city construction standards.
SECTION 4
equinepossessffig, in eewfol oP, of other-wise fespeasible for- a dog, a eat, eF an animal in A Ri.
ty
par4E w Yr vraaYLay YV1rYY L, 1.srYraup and aerravvY all rnY
al Hiattef loft by the ., ....,1or- Upen the
ATTACHMENT 3-2
Legislative Drafts
trade:two '&,isien,. o fsubseetions nl n� and n7 erthi eet: _ to guide ae fer- 1J:na
Y 1./1 J3V 11J VL JLL VJYY L1V 11J l�Z, a~, e
disabled pensens: (See 12.08.130 C.)
SECTION 5
12.40.010 &emidmins Posting signs -,--,-g persefts net te litter er dump waste fnater-ials.
Ee_ the pufpes er: nle neat:Fig Beet:en 3:74 er the Gall fi....:.e Penal Code, eae1 owner of an
YrYteV m1L a V 4+JleA a VJ1Jt3nLVr fi3u f al e nits shall be . .able f. to be
posted d _dj t t 1, t .1 1 r .7 th w 1,' h a direedy t. Tl.
Ye'....... �......... .e. ........ .,.e........»Y. .Y YYLYY Y.. YL YaVYY L� �.aue.al drains
•off _h al— a _ all Y-'-"'s __et to litter- er &HY waste ..etefi..s . . ebe.»..Y. .r Penal n V4
ia-
Seet:ven 34 7rM
i
accnT
A, Sp _ifi_t_e ns f_ Signs Spee:r:e,et:en.. F Sigffi shall be available f.e.n the eemmunit-Y
development depaftmenl�
B. Wording en Signs. The felle she4l.beplaeedenthesigfis�
i'—.-- ll — T- POUUTE 1 7TE THE GMUK.
7T>S NOT NICE TO POLLUTE i 1TE A 1-M !T-29
TT i CinAL.
M.C. SEC. limo
GITY OF SAN r r ne OBISPO
POLICE DEPARTMENT
CAST
Ste£3e}15 933 Pavement. In ad:ditien to signs at eaeh 4det,gale prepeAy- ewner shall
=espensible fer-plaeing and maiiled message reading, �NQT FOR »
:�_� vOI rn adjaee33t
(See 12.08.150 G)
SECTION 6
A.Ne—person shall diseharge—er- eause—te be diseharsed an)stefmwater-, suFfaeewa4er
pfeeess waters ether- than FV aL_V Je sewers designated as s�efffl&aifist n—asiffir--a-1 t
b
by the vire.and ..hall be ebtained by the ., p9eai#
V� LLLY Y1L� µl14 J11Y11 W�Jp[AIlIV .
(See Chapter 12.08 all)
SECTION 7
17.18.050A Discharges to water or public sewer system.
A. Discharges to groundwater or waterways, whether direct or indirect, shall comply with the
requirements of the city's stormwater ordinance set forth in Chapter 12.08 of the municipal code
and city standards, as well as requirements of the State and Regional Water Quality Control
Boards, the California Department of Fish and Game and any other re ug latoryagency with
jurisdiction over the activity.
I �
ATTACHMENT 4
Creek and Flood Protection
Fee Analysis for Stormdrain System Connections
Single Property
Activity Staff Hours Ho urly Rate* Fee
Encroachment Permit Permit Technician 0.25 $71.69 $17.92
Mapping** GIS Specialist 0.50 $81.43 $40.72
Report Review Stormwater Code Enforcement 0.25 $91.67 $22.92
Site Review*** Stormwater Code Enforcement 0.50 $91.67 $45.84
* Hourly Rate Based from Revenue Manual Section 500 Labor Rates
**Mapping required only with initial encroachment permit
***Site Review anticipated to be only every other year
First Year Cost: $58.64
Annual Cost w/Site Review: $86.68
Annual Cost w/o Site Review: $40.84
Average Annual Cost: $63.76
Recommended Annual Fee: $60.00
Multi-Property
Activity Staff Hours Hourly Rate* Fee
Encroachment Permit Permit Technician 0.25 $71.69 $17.92
Mapping'* GIS Specialist 2.00 $81.43 $162.86
Report Review Stormwater Code Enforcement 0.50 $91.67 $45.84
Site Review*** Stormwater Code Enforcement 2.00 $91.67 $183.34
'Hourly Rate Based from Revenue Manual Section 500 Labor Rates
*'Mapping required only with initial encroachment permit
***Site Review anticipated to be only every other year
First Year Cost: $180.78
Annual Cost w/Site Review: $247.10
Annual Cost w/o Site Review: $63.76
Average Annual Cost: $155.43
Recommended Annual Fee: $150.00
April 2010
J � '
ATTACHMENT 5-1
RESOLUTION NO. (2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE
CREATING THE CREEK AND FLOOD PROTECTION FEE SCHEDULE
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on
an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve
adopted cost recovery goals; and
WHEREAS, in accordance with this policy the Council adopted Resolution No. 10098 on
June 16, 2009 updating the City's updated master fee schedule on a comprehensive basis; and
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on April 6, 2010 based on an analysis of costs to meet adopted cost recovery goals; and
WHEREAS, the City is required under conditions of its adopted Stormwater
Management Plan to adopt ordinances for the regulation and management of stormwater; and
WHEREAS, connection to the public storm drain system as defined in Chapter 12.08 of
the City's Municipal Code, must be recorded for purposes of verifying compliance with the
ordinance and to assist in locating pollutant sources; and
WHEREAS, there will be some cost associated with issuing a permit, reviewing
reporting, completing inspections, and mapping the connection;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City's master fee schedule is hereby amended, adopting a new Creek and Flood
Protection fee schedule, with rates established as set forth in the Exhibit A attached hereto, with
an effective date of July 1, 2010:
Upon motion of , seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2010.
Mayor David F. Romero
ATTEST:
R
ATTACHMENTS-2
Resolution No. (200x Series)
Page 2
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
I
ATTACHMENTS-3
Exhibit A
CREEK AND FLOOD PROTECTION
Effective July 1, 2010
Fee
Public storm drain system annual connection fee
Single property $60
Multiple property watershed $150
R
council memoRAnoum
April 6,2010 C`fGOUNCILQ'CDD DIR
1:feACCtJ///G2 G�FIN DIR
TO: City Councils «/i�- [5C FIRE CHIEF
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FROM: Jay Walter,Public Works Director " 5CLERK/ORG C3"POLIOE CHF
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Prepared By: Barbara Lynch,City Engineer I ;0-P/6 01UTIL DIR
migu 310 DIR
SUBJECT: Stormwater Ordinance �✓�41.nnt ." � � ,� _
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Staff has received a couple of inquiries regarding the stormwater ordinance and wishes to provide the
information to the City Council.
Questions from Councilmember Carter:
Question 1)As you might imagine,you should expect some close questioning as to how we plan to deal with the
issue of grandparents/parents/kids feeding the ducks/geese/other birds at Laguna Lake, SLO Creek, and
elsewhere--signage,tickets, fines,etc. Please be able to provide us at the meetings with specifics.
Answer 1) As alluded to in the staff report (3rd paragraph under 1. How the ordinance applies to all citizens),
"feeding the ducks" should really start as an education program because it is such a long standing practice. Staff
would hope, if the Council is concerned about this, that they leave the language in the ordinance and provide
direction to staff to take an education only approach for at least the first year. That is the staff goal out of this. If
the City can get the community to begin to make changes in a variety of ways, then the likelihood of the City
ending up with more regulatory requirements to meet(generally a very expensive proposition) will be reduced.
Question 2) Re. 12.08.70 Watercourse Protection -- How does this impact the City's responsibility and/or
property owners responsibility to clear out the outflow creek of Laguna Lake? How does this tie in with Fish &
Game/Army Corps permitting?
Answer 2) Regarding section 12.08.170 on watercourse protection, the trash and vegetation management
referenced in this section is not a regulated activity. It does not include major vegetation removal, silt removal,
grading, or bank revetment.The stabilization portion is where it gets trickier and why the ordinance includes the
language "reasonable standard." A major creek bank stabilization project requires regulatory permitting and
could be beyond the means of the average property owner. However, careful vegetation management and not
purposefully cutting into banks can be expected. The City does routine pruning and vegetation removal through
the Natural Resources program. The outflow of Laguna Lake is currently slated for silt removal to re-grade it
which the City is planning to do. We are not the property owners of this stretch of creek.
Regarding the letter from Richard Schmidt and the article in the weekend paper, Section 12.08.130B. The
ordinance does not prohibit the use of trash cans, but rather excludes that from the prohibition, so the paper had
a misprint. Section 12.08.130C. covers pets and does not prohibit feeding of pets near a waterbody, rather it
requires pickup of the waste.
RECEIVE® RED FILE
APR 0 6 1010 MEETING AGENDA
SLO CITY CLERK IDA `� 610 ITEM # L*-
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Name: Kelly L. Williams �{' ���'t�^- 2--FIN DIR
Address: 145 South St. #Al2 � crgnrc¢� FIRE CHIEF
City: San Luis Obispo 4ITATTORNEY CDD
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State: CA y ITCLERK/ORIG Z'POLICECHF
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Zip: 93401 g _ �jUTILDIR
Phone: (805)782-9224 172_1 ZIHRDIR
Fax: -_.�.�_N._. _.,�._._
email—from: 5kw@sbcglobal.net NLw' TrntEs iGCU1U&L-
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Message:
I would request that it NOT become an ordinance that feeding ducks at
Laguna Lake is illegal. For many generations families and many
visitors to our beautiful town I call home, have fed the ducks at
Laguna Lake and that is one of the many points of interest that San
Luis is famous for. If this priviledge is taken away, I am afraid it
will take away one of the things San Luis such a unique place to live.
Thank you for your time and consideration.
Kelly L. Williams
San Luis Obispo resident for 44 years
RECEIVE® RED FILE
APR 0 6 2010 MEETING AGENDA
SLO CITY CLERK DA �C' ITEM #,EL,
.' RED FILE
From: Lynch, Barbara MEETING AGENDA
Sent: Friday, April 02, 2010 10:58 AM DATE 6 I to ITEM # ? I
To: 'alif.cardmon@yahoo.com'
Cc: Lichtig, Katie; Richardson, April; Stanwyck, Shelly
Subject: FW: Storm Water Ordinance
Alif.
I have attached a couple of items that I hope you will find infonnative, along with a
section of the California Code of Regulations that currently addresses feeding. There are
other studies available on line, as well as books that discuss this issue.
Please let me know if you have any trouble with the transmission of these documents, and
thank you for taking the time to participate in the ordinance adoption process.
Barbara Lynch
From: Alif Cardmon [mailto:alif.cardmon@yahoo.com]
Sent:Thursday, April 01, 2010 6:24 PM
To: Walter, Jay; Walter, Jay
Cc: Council, SloCity; Council, SloCity
Subject: Storm Water Ordinance
Mr. Walter;
In your letter to the Council regarding the introduction of the Storm
Water Ordinance on Tuesday, April 6th, 2010, you state:
"Second, feeding of feral animals, such as ducks at the parks, is not
appropriate. feeding promotes increased populations and increases
animal waste in the water bodies."
Would you please provide me with the information your department
used to determine this activity was not "appropriate" and also inform
me as to what studies you relied upon to determine that feeding
promotes increased populations and increases animal waste in the
water bodies.
I would like this information before the meeting when the Ordinance
will be open for public input.
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U.S. Fish&Wildlife Service
Caution:
Feeding Waterfowl
May Be Harniful I
ReguularFeeding
Can Cause Dependency
on People for Food
Conflicts with People,
and Spread of Disease
Th ♦ huma foto e
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Over the centuries waterfowl have
developed patterns of seeking out
and feeding on highly nutritious
marsh and grassland plants.These
preservation patterns are passed on
to each succeeding generation.
Survival of waterfowl ultimately
depends upon their ability to make
use of food and habitat sufficient to
maintain healthy populations.
In northern regions of the United
States the extreme cold and
blanketing snow of the autumn and
winter months severely reduce the
quality and quantity of marsh and
grassland plants.Thus,each year
most waterfowl,like many other
birds,migrate tremendous distances
south in search of food and habitat to
carry them through the winter
months.In the spring they again
migrate,this time returning to their
northern breeding grounds.
Not all waterfowl,however,complete
the entire migration cycle.Many are
sidetracked when they stop to feed
and rest in the lakes and marshes
found in suburban environments.
There they are observed by city
3
a'P
dwellers who enjoy the beauty of
these magnificent wild birds.
And there they are fed by people
who unknowingly are enticing the
birds into delaying their migration or
foregoing migration altogether.
Many urban environments can
provide sufficient space and food for
small populations of waterfowl.
However,as thousands of
waterfowl concentrate in areas
because handouts are easily
attainable,the once wild birds can
soon become tame,lose their fear of
people and pick up habits that
conflict with the human population
and the birds'natural patterns of
migration.Lack of fear of cars or
planes can cause traffic and safety
problems as birds stroll across
roadways or fly across airport
runways.Of increasing public
concern is the damage waterfowl
cause to parks,golf courses and
residential lawns where large
\ , numbers of birds graze and
y defecate on the grass.Excess
nutrients in ponds,caused by
\ , waterfowl droppings,may also
�1 result in water quality problems
such as noxious algal blooms in the
summertime.
Food handouts often result in large
numbers of birds competing for
very limited food supplies in small,
concentrated areas.Such crowding
and competition for food,combined
with the stress of less nutritious food
and harsh weather,increases their
susceptibility to life threatening
diseases like avian cholera,duck
plague and avian botulism.These
diseases have the potential to kill off
large numbers of waterfowl.
The end result of this seemingly
kind and generous act of feeding
waterfowl can be a continuing cycle
I
Transmission of disease through,
a flock of geese,
,i.
I.
• F
I
�.1. 1
e
s —
of the birds becoming injurious to
people and being subjected to
diseases that can spread as easily as
humans spread the common cold.
An infected bird may spread the
disease to many other birds by
infecting the water supply.When the
birds are scattered over a large area
this does not pose a serious problem.
However,when the birds are bunched
close together,their chances of
contracting disease increase and the
result may be disastrous.
If you care for waterfowl,here is
what you can do to help them
retain their"wildness"and maintain
their well-being.
Stop feeding them!They don't
understand the problem—you do.
Purchase a Federal Duck Stamp at
post offices,many sporting goods
stores,or National Wildlife Refuges
or call 1-888-534-0400 to order by
mail.Proceeds from the sale of these
stamps are used to purchase wetland
habitats that become a part of the
National Wildlife Refuge System
which provides habitat for the
conservation of our Nation's
waterfowl and other wildlife.
Learn more about waterfowl by
visiting a library,nature center,
museum,state wildlife management
area or a National Wildlife Refuge.
Or visit the Fish and Wildlife
Service's Internet homepage at
http://wwwfws.gov/.Then teach
others what you know.
Painting by
Robert Hautman Preserve the spirit of America by
for use on the allowing waterfowl to stay wild.
1997 Federal Observe and appreciate them from
Duck Stamp a distance.
r� I
4'I
fy, '
U.S.Fish&Wildlife Service
Office of Migratory Bind Management
4401 N.Fairfax Drive
Arlington,VA 22203
httpl/birds.fws.gov
April 2000
.moo.
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y
WCVC - Eight Reasons Why",)u Shouldn't Feed Wildlife Page 1 of 2
1EIlght Good Reasons
...why you shouldn't feed wildlife
By Anne Muraski reprinted from the "Quarterly
Release,"
Friends of Monterey County Wildlife's newsletter
Wildlife Care of Ventura County volunteers see the ill effects of feeding wild animals
every day. Experts agree that this misplaced kindness is a major threat to wildlife. Here are a
few reasons why you should not feed wild animals:
1. Providing an artificial food source causes adults to produce large families which
the natural food supply can't support.
Overpopulation leads to starvation and
epidemics of disease. Many of these diseases ,
are dangerous to humans: bubonic plague,
salmonella, psittacosis, and rabies, to name a
few.
Feeding caused the overpopulation of Norway
rats that colonized in Pacific Grove's Lover's
Point Park in recent years. The rats were �.
attracted and sustained by the abundant snacks
left for ground squirrels by tourists. The
potential public health hazard prompted the county environmental health director to
order that the city actively enforce its nonfeeding ordinance.
2. It is illegal to feed wildlife.
Ventura County animal control ordinance prohibits feeding wild animals except for the
use of bird feeders. The Marine Mammal Protection Act imposes hefty fines for
persons who harass, disturb or interfere with the natural behaviors of marine mammals
such as whales, sea lions, harbor seals, pelicans, etc. - this would include providing
food to attract the animals or encourage domesticity. It is also illegal to possess any
native wildlife without a permit: if you find an injured animal, you should call a
licensed rehabititator in your area immediately.
3. Wild animals have specialized diets and can die from the wrong foods.
Many people feed wildlife as a form of entertainment; but bread, popcorn, French fries
and picnic leftovers can cause disease, death, mouth injuries and throat obstructions in
animals adapted to eat other foods.
Feeding the wrong diet to a baby animal even for a day or two can permanently
damage developing muscles, bones and tissues, making survival impossible. Even
feeding supposedly "healthy" food is harmful because it alters the animal's foraging
patterns and can cause overpopulation which ultimately leads to starvation.
4. Feeding causes wildlife to lose their natural fear of humans.
http://www.wi ldl ifecareofventura.org/Animal%20Help%20Infonnation%20Pages/Feeding... 4/2/2010
WCVC - Eight Reasons Why.",)u Shouldn't Feed Wildlife Page 2 of 2
These animals become easy targets for people who do not respect wildlife and would
hurt them intentionally. Also, there are many people who are afraid of wildlife and
may injure an animal in an attempt to defend themselves against a mistaken "attack."
5. You always risk injury when you do not keep a respectful distance from wild
animals who may misinterpret your actions.
Wild animals defend themselves with teeth, beaks, claws, talons, spines, venom, and
toxins to name a few adaptions. There is no guarantee that a wild animal knows where
the food stops and your fingers begin. Sadly, it is usually the animal which loses when
the person feeding complains of being "attacked." For some reason, many people who
would never consider petting a stray dog will readily approach a wild animal.
6. Providing food in residential areas often leads to property damage and
unwelcome wild "houseguests."
Wildlife Care of Ventura County receives hundreds of calls each year from people
complaining of damage and disruption to their homes and landscaping from deer,
raccoons and other wildlife. Often this is because someone is attracting the animal with
food either on purpose or inadvertently by leaving out pet food or not securing
garbage.
7. Feeding changes behavior patterns, sometimes with catastrophic results.
Such was the case in 1988 when vendors in Monterey were selling fish to feed to the
brown pelicans and sea lions. As a result, many of the birds did not migrate and the
reduced winter food supply couldn't support them. The Monterey Wildlife Center
received hundreds of pelicans sick from erysphelatrix, a disease the birds contracted
from eating the spoiled fish they learned to scavenge from the wharf garbage bins. The
starving pelicans also were snatching at people's food with their sharp beaks.
8. Feeding causes injuries and harmful interactions between wildlife species.
For instance, when fishing operations discard leftover offal into the ocean after fish
cleaning, it forces confrontations between species who otherwise would not interact.
Suddenly, pelicans, who dive for fish near the surface of the water, and harbor seals,
who forage for food in the water column and near the ocean floor, are forced to
compete for food in the same area, causing injuries which otherwise would not occur.
Also, while many marine mammals and birds eat whole fish, the skin and bones of fish
by itself is not easily digestible, has little caloric value, and can cause choking and
injuries. Fish bones can be very sharp, and Wildlife Care volunteers have had to
remove many fish skeletons from the delicate pouches and throats of pelicans whose
mouths are adapted to swallow whole fish, not crunch bones. Punctures and lacerations
are easily infected, causing a slow death when animals cannot forage or swallow.
Remember: when people and wildlife interact, wildlife often ends up losing. Always enjoy
wildlife from a distance!
http://www.wi ldlifecareofventura.org/Animal°/`20Help%201nformation%20Pages/Feeding... 4/2/2010
California Code of Regulatior- Page 1 of 2
a \
California Office of Home Most Recent Updates Search Help
Administrative Law
elcome to the online source for the
California Code of Regulations
14 CA ADC § 251.1
Term
14 CCR § 251.1
Cal. Admin. Code tit. 14, § 251.1
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 14. NATURAL RESOURCES
DIVISION 1. FISH AND GAME COMMISSION-DEPARTMENT OF FISH AND GAME
SUBDIVISION 2. GAME AND FURBEARERS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
This database is current through 3/19/10 Register 2010, No. 12
§ 251.1. Harassment of Animals.
Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass,
\ herd or drive any game or nongame bird or mammal orfurbearing mammal. For the purposes of this
\ , section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which
includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner
or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or
public property, including aquaculture and agriculture crops.
<General Materials (GM) - References, Annotations, or Tables>
Note: Authority cited: Sections 200, 202, 203, 355, 3800 and 4150, Fish and Game Code. Reference:
Sections 200, 202, 203, 203.1, 207, 215, 220,2000, 3800 and 4150, Fish and Game Code.
HISTORY
1. New section filed 6-4-70; designated effective 7-1-70 (Register 70, No.
23) .
2. Amendment filed 5-28-71; designated effective 7-1-71 (Register 71, No.
22) .
3. Repealer filed 6-5-72; effective thirtieth day thereafter (Register 72,
No. 24) .
4. New section filed 11-14-90; operative 11-14-90 pursuant to
GovernmentCode section 11346.2(d) (Register 90, No. 50) .
14 CCR § 251.1, 14 CA ADC § 251 .1
ICAC
14 CA ADC § 251 .1
END OF DOCUMENT
http://weblinks.westlaw.conVresult/default.aspx?action=Search&cfid=1&cnt=DOC&db=C... 4/2/2010
r
From: Christine Mulholland[SMTP:CDEV@THEGRID.NET]
Sent: Sunday, April 04, 2010 2:22:33 PM
To: Council, S1oCity
Cc: Richard Schmidt
Subject: Re: Tuesday: Feeding Ducks Illegal
Auto forwarded by a Rule
Mr. Mayor and Council Members,
I, too, saw the Trib article this AM. I am in agreement with most of
what Richard has written.
My concern about feeding is that most folks bring huge bags of white
bread to feed the
ducks and geese at Laguna. This is lousy for children and other
living things, lacking in
fiber and nutrients needed for a healthy body. And the feeding
contributes to a lazy lifestyle
of freeloading and sloth. And then the migratory Canada geese forget
to leave and interbreed
with the home grown geese and continue to eliminate themselves from
the natural gene
pool.
If the city put up feed stations, or those little gum ball machines
full of healthy feed
pellets which people could buy, like in some zoos, then I might be in
favor of ticketing those
with sacks of 3-day old white bread.
One can have plenty of interaction with ducks and geese at Laguna
without feeding them.
And some educational kiosks about the birds, their natural foods and
habits would be the
best money spent.
Sincerely,
Christine Mulholland
544-6618
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SLO CITY CLERK
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From: rschmidt@rain.org[SMTP:RSCHMIDT@RAIN.ORG] Ll'eArectri M6'e' SIN DIR
'
Sent: Sunday, April 04, 2010 1:02:17 PM 12AGA9yq5fr1;xi116x OTIRE CHIEFp��TTORNEY LVPW Dip
To: Council, S1oCity I3CLERK/ORIQ O�POLICECHF
Subject: Tuesday: Feeding Ducks Illegal ❑ DEpTHEADS G�['FiECDIR
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This is an e-copy of a letter also faxed to council.
RICHARD SCHMIDT
-----------------------------------------------------------------------
112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247
e-mail: rschmidt@rain.org
The City Council -- RED FILE
City of San Luis Obispo
- MEETING AGENDA
Re: Tuesday Agenda: "Feeding Ducks to be illegal^ DATE �' ° ITEM #2_11L_
Dear Council Members,
I am assuming that the Tribune knows what it is talking about with its
story "Feeding ducks in SLO" is about to become illegal.
This is the stupidest thing your staff have ever come up with, and you
need to say NO!
The overall pollution impact of ducks on our riparian systems is so
insignificant it's astounding your city hall intellectuals could even
come
up with such a hypocritical proposal. All the ducks in all the creeks,
yards, and lake of SLO produce nowhere near as much pollution, nor the
public health menace, of one simple 9, 000 gallon spill of raw sewage by
the city into Old Garden Creek last year (fatal hepatitis and fatal
bacterial infections from sewage, not ducks) ! And that wasn't the
city's
only sewage spill last year. For shame the staff would try to impose
this
draconian and stupid regulation on trivial duck fecal contamination
while
not accepting responsibility for its own very serious misdeeds.
The feral ducks of SLO are one of its important amenities -- are you
unaware of that? They are one of the things that makes downtown and
Laguna
Park special. What are your staff thinking of? These feral ducks 'lack
the
means to fend for themselves -- thus feeding is necessary for them, and
a
joy for adults and children who do it. It is one of the few contacts
urban
people can have with the simple joys of animal contact. This is the
sort
of activity the city should nurture, not destroy. For what it's worth,
my
own childhood feeding of feral ducks in a nearby pary,,re 6 ff;nat•yv.
�H.1l1Lt�APR 0LL5II2\\001110EE
SLO CITY CLERK
experience in my life.
Fruthermore, you have no idea the firestorm this will cook up in the
neighborhoods, where I am far from alone in keeping ducks. I've had pet
ducks since 1972 -- they are a part of our family, and 100% of my
property
is within 100 feet of a creek -- therefore, your ordinance would
apparently prohibit me from feeding my pets. Why? It would also outlaw
MY
neighbors' feeding their cats on their deck. I suspect it would also
outlaw putting up a bird feeder -- think of all the poop that simple
act
of kindness focuses in one spot! The Trib synopsis suggests you would
also
prohibit our having garbage cans since storing food waste in one within
100 feet of a creek would also be a crime. (Why?) Would it also be a
crime
to deposit cat litter in such a garbage can? If not, why not -- isn't
poop
poop?
This is an outrageous proposal. How does something this stupid even get
to
the council?
Your staff seems to have no sense of proportionality of risks. Our
creeks
are loaded with fecal coliform bacteria, not from ducks, but from
mammalian sources. What are you going to do about the cows and deer who
produce this harmful pollution? What are you going to do about the
endemic
giardia from the same sources? Nothing, because you can't. I wonder if
your staff has any clue about other greater fecal contamination sources
of
the creeks? Are they familiar with the huge raccoon latrines to be
found
along them, with huge piles of poop that get washed away when the
creeks
flow after a rain? I have a raccoon latrine in my back yard -- I can't
seem to discourage or disrupt it -- year after year the poop piles up,
only to be washed into the stream. (This stuff is highly hazardous --
nobody in their right mind would try to clean it up. Duck poop is
basically harmless by comparison. ) What are they going to do about
toxic
raccoon poop? Trap and kill all the raccoons? What about possums? What
about mountain lion poop? What about pig poop, and coyote poop, and fox
poop, and squirrel poop, and buzzard poop, and egret poop, and heron
poop? .
This is a really stupidly disproportionate proposal.
Hopefully you have more commonsense than your staff, and scotch this
really stupid idea for yet another city-sponsored degradation of the
quality of life in SLO.
Richard Schmidt