City Council Special Meeting

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL

SPECIAL MEETING

TUESDAY, OCTOBER 3, 2023

ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CONVENE SPECIAL MEETING

Mayor Penrose called the meeting to order at 6:02 p.m. and led the Pledge of Allegiance.

ROLL CALL

PRESENT: Councilmembers Brownstone, Rarback, and Ruddock, and Mayor Penrose

ABSENT: Vice Mayor Jimenez

1.A WORKSHOP – FATS, OILS, GREAST (FOG) AND SAND DRAFT ORDINANCE

Public Works Director Bozorginia and Associate Engineer Hutten presented the staff report.

The Council asked questions of staff and discussed the item.

ADJOURNMENT

Mayor Penrose adjourned the meeting at 6:51 p.m.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Deborah Penrose, MayorDocusign Envelope ID: 123CEF3C-620E-4F61-B1BF-67E1938447B0

CITY COUNCIL AGENDA SPECIAL MEETING CITY OF HALF MOON BAY TUESDAY, OCTOBER 3, 2023 ADCOCK COMMUNITY CENTER 535 KELLY AVENUE HALF MOON BAY, CA 94019 Deborah Penrose, Mayor Joaquin Jimenez, Vice Mayor Robert Brownstone, Councilmember Harvey Rarback, Councilmember Debbie Ruddock, Councilmember 6:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the agenda and will have a maximum of three minutes to discuss their item. Comments on Consent Calendar items should be made during the Public Forum section of the agenda. Those wishing to speak on a Business or Public Hearing matter will be called forward at the appropriate time during that item’s consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the agenda are on file in the Office of the City Clerk at City Hall where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726-8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/ Wi-Fi: HMB Public Password: Recreation1

HYBRID MEETING PARTICIPATION PROTOCOLS This meeting will be held in-person and via Zoom for public participation. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation. Public comments may be made in-person or remotely via Zoom, and interpretation will be available. All Councilmembers and staff will participate in person. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. The meeting will also be streamed on Channel 27, on pacificcoast.tv, and on Facebook at www.facebook.com/cityofhalfmoonbay. Please click to join the webinar: https://us06web.zoom.us/j/87674804231 or join by phone at 669-900-9128, using Webinar ID 876-7480-4231. If joining by phone, use *9 to raise your hand, *6 to mute and unmute. CONVENE SPECIAL MEETING ROLL CALL 1.A WORKSHOP — FATS, OIL, GREASE (FOG) AND SAND DRAFT ORDINANCE Staff Recommendation: Conduct a workshop regarding a Draft Ordinance amending Chapter 13.22 of the Half Moon Bay Municipal Code, addressing discharge of fats, oil, grease (FOG) and sand into the City’s Sewer Collection System and provide feedback to staff. (STAFF REPORT ATTACHED) ADJOURN SPECIAL MEETING

Page 1 of 3 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: October 3, 2023 TO: Honorable City Council VIA: Matthew Chidester, City Manager FROM: Maz Bozorginia, Public Works Director/City Engineer Denice Hutten, Associate Engineer TITLE: WORKSHOP — FATS, OIL, GREASE (FOG) AND SAND DRAFT ORDINANCE ______________________________________________________________________________ RECOMMENDATION: Conduct a workshop regarding Draft Ordinance 13.22, addressing discharge of fats, oil, grease (FOG) and sand into the City’s Sewer Collection System and provide feedback to staff. STRATEGIC ELEMENT: This recommendation supports the Healthy Communities and Public Safety Element of the Strategic Plan. FISCAL IMPACT: There is no fiscal impact associated with conducting this workshop. Currently, costs to perform facility inspections of potential FOG dischargers are through the sewer enterprise funds. This Ordinance provides for FOG inspection fees to be paid by the discharger as set by the Master Fee Schedule.. The existing FY 23-24 Master Fee Schedule specifies an annual fifty-five dollar ($55) FOG Certification fee. Once the Ordinance is effective, FOG dischargers would pay that fee to certify their operation annually. The Master Fee Schedule is reviewed and updated annually. An analysis for cost recovery of this program will be considered prior to the next update to cover the cost of this program per the Master Fee Schedule. BACKGROUND: Build-up of fats, oils and grease (FOG) in wastewater collection systems is one of the leading causes of sewer overflows and blockages in the United States. When washed down the drain, grease sticks to the insides of pipes--both private laterals and public main lines. Over time, grease buildup can clog an entire pipeline causing street overflows in homes and neighborhoods. These spills create a safety hazard that endangers public health and impacts the health of our environment. Removal of FOG blockages in private drain lines are expensive and messy, and FOG in public sewer lines increases City maintenance costs, raising sewer rates for all customers. The damage from FOG-related sewer overflows can cost thousands of dollars to repair.

Page 2 of 3 In 2006, the State Water Resources Control Board approved Board Order 2006-0003-DWQ requiring all public wastewater systems greater than one (1) mile in length to develop a Sanitary Sewer Master Plan and report Sanitary Sewer Overflows. The order also requires owners of public wastewater systems experiencing FOG build-ups to prepare and implement a FOG “source control” program to reduce the amount of FOG discharged into the Sanitary Sewer System. FOG enters the sanitary sewer system through sinks, dishwashers, and other equipment connected to the sanitary sewer plumbing. To provide for FOG “source control,” the new ordinance applies to food service establishments (FSEs), commercial and industrial businesses, and other entities with potential to introduce FOG and insoluble waste into the City’s sewer collection system. Prior to 2018, staff from Sewer Authority Mid-Coast (SAM) performed random FOG inspections at restaurants and auto repair shops to ensure businesses were complying with Best Management Practices (BMPs) to prevent FOG from entering the City’s sewer collection system. In 2018, the City assumed responsibility to perform the FOG inspections annually, as it was outside of SAM’s general scope and many businesses were missing from the inspection list. Currently, the costs of the FOG inspections are paid through sewer enterprise funds. This Ordinance provides for the costs of FOG inspections to be paid for by the FOG discharger. Per the Ordinance, FOG inspection fees are to be set annually with approval of the Master Fee Schedule by the City Council. Staff labor costs for administration of the FOG Control Program— collecting fees, issuing FOG Waste Discharge Permits, contract management—will be borne by the enterprise funds and ultimately by the FOG dischargers. DISCUSSION: The Ordinance specifies FOG and insoluble waste discharge requirements and prohibitions, provides for City inspections and enforcement, and requires FOG and insoluble waste dischargers to participate in the Program and obtain a FOG Waste Discharge Permit as a condition of waste discharge into the City’s sewer collection system. It was developed and modeled after similar FOG programs from local agencies and is consistent with current industry standards. The Ordinance provides the City the ability to oversee the FOG program including: - Formalize legal authority to oversee compliance - FOG plan review, permitting and design standards - Inspection and enforcement of businesses - Overview of performance measures - Collection of Fees to administer the FOG Control Program On September 12, 2023, City staff held a public outreach meeting to present information and answer questions about the new Ordinance. Notice of the informational meeting was mailed to over 90 food service establishments and auto repair shops in the City’s Collection Service Area. While the notice was mailed two weeks in advance of the meeting--in English and in Spanish-- and also noticed in the local Chamber newsletter and Community e-news, there was minimal

Page 3 of 3 attendance with only one restaurant represented. Information about the Ordinance is also available on the City’s website: https://www.half-moon-bay.ca.us/942/Fats-Oils-and-Grease- FOG. Copies of the draft Ordinance, FOG Waste Discharge Permit Application, Inspection Reporting forms, educational brochures and more can be found there. The rollout of the FOG program will require more outreach and work with the affected businesses and restaurants, especially during the first year where information gathering on existing plumbing will be collected by City staff. Each Food Service Establishment will be required to complete a FOG Permit Application that describes the nature of their operations and the type and size of equipment used in their kitchen facility. If FSE operations have the potential to discharge grease into the City’s sewer collection system, the FSE will be required to obtain a FOG Waste Discharge permit and provide waste pre-treatment by installing a grease control device (GCD) between their equipment and the City’s collection system. The GCD is inspected annually by the City to ensure the device is being properly operated and maintained and that the FSE is keeping adequate records to demonstrate compliance with cleaning schedules. The FSE must also provide record of proper ultimate disposal of the grease generated by their facility. A limited food preparation establishment is not considered an FSE when engaged only in reheating, hot holding, or assembly of ready to eat food products, provided that there is no wastewater discharge containing FOG. From the FOG Waste Discharge application describing facility operations and equipment, a determination can be made if a facility is a limited food service establishment. Limited food service establishments are not required to install a GCD but are required to operate their facility using kitchen Best Management Practices and to report to the City if the scope of their operations change in a manner that might introduce grease into the City’s collection system. NEXT STEPS: The first reading of the ordinance is tentatively scheduled for October 17, 2023, with the second reading to follow at the next City Council meeting. The ordinance would take effect thirty (30) days after the effective approval date. Implementation of the FOG program could begin as soon as the effective date or another date. ATTACHMENTS: Draft FOG Ordinance Chapter 13.22

Chapter 13.22 FATS, OILS, GREASE AND SAND Sections: ARTICLE I. GENERAL PROVISIONS 13.22.100 Purpose 13.22.110 Applicability 13.22.120 Definitions ARTICLE 2. PROHIBITIONS AND REGULATIONS 13.22.200 Prohibitions 13.22.210 Best Management Practices (BMPs) Required 13.22.220 FOG Wastewater Discharge Permit (FOG WDP) Required 13.22.230 Pre-Treatment Required ARTICLE 3. GREASE AND SAND/GRIT CONTROL DEVICES 13.22.300 Installation of Grease, Oil and Sand Control Devices (Common Areas and Shared Facilities) 13.22.310 Grease, Sand and Grit Control Device Type, Sizing and Location 13.22.320 Maintenance and Operation of Grease and Sand Control Devices 13.22.380 Exception from Grease Interceptor/Trap Requirements 13.22.390 Waiver from Pretreatment Requirements ARTICLE 4. INSPECTIONS AND COMPLIANCE 13.22.400 Inspections and Right-to-Enter 13.22.410 Compliance and Enforcement ARTICLE 5. REMEDIAL REPAIR AND ABATEMENT 13.22.500 Charge for Remedial Repair of City Collection System 13.22.510 Notice of Abatement ARTICLE 6. ADMINISTRATION 13.22.600 General Provisions 13.22.605 Fees 13.22.610 FOG Waste Discharge Permit 13.22.620 FOG Waste Discharge Permit Application and Renewal 13.22.640 FOG WDP Conditions 13.22.650 FOG WDP Modification of Terms and Conditions 13.22.680 FOG Waste Discharge Permit Exceptions 13.22.690 Non-transferability of a FOG WDP 13.22.691 Facilities and drawing submittal requirements

13.22.692 Record Keeping Requirements 13.22.693 Monitoring and Reporting Conditions 13.22.694 Notification of Spill 13.22.695 Falsifying Information or Tampering with Process ADDITIONAL PROGRAM DOCUMENTS 13.22.600 FOG CONTROL PROGRAM BROCHURE 13.22.610 FOG WDP APPLICATION 13.22.620 FOG INSPECTION FORM

ARTICLE I. GENERAL PROVISIONS 13.22.100 Purpose The purpose of this chapter is to facilitate maximum beneficial use of the City’s sewer services and facilities while preventing blockages and overflows of the sewer lines resulting from discharges of fats, oils, grease (FOG), sand and other insoluble waste into the public sewer. This chapter specifies FOG and insoluble waste discharge requirements and prohibitions for food service establishments (FSEs), commercial and industrial businesses, and other entities with potential to introduce FOG and insoluble waste into the City’s public sewer collection system. The chapter provides for City inspections and enforcement, and requires FOG and insoluble waste dischargers to participate in the City’s FOG Control Program and obtain a FOG Waste Discharge Permit as a condition of waste discharge into the City’s public sewer collection system. The provisions set forth in this chapter allow the City to meet applicable standards designed to ensure compliance with federal, state, and local laws and regulations. The objective is to eliminate FOG and insoluble waste-related sanitary sewer obstructions, blockages and overflows; improve sanitary sewer manhole, pipe and lift station conditions; decrease sewer maintenance and treatment costs; prevent residential and commercial property damage and protect the environment. 13.22.110 Applicability This section applies to all "food service establishments" (FSE), "food manufacturer/processors" (FM/P), commercial and industrial businesses and other entities with potential to discharge wastewater containing fats, oils, grease, sand or other insoluble waste to the city sanitary sewer system including, but not limited to, restaurants, grocery stores, meat markets, hotels, factory and office building cafeterias, public and private schools, hospitals, commercial day care centers, and churches, located within the City’s public sewer collection system. Commercial and Industrial businesses covered by this section include, but are not limited to, oil, sand, grit and insoluble waste dischargers such as automotive repair businesses, car washes, and commercial trash enclosures within the City’s public sewer collection system. This Chapter shall become effective on the effective date of this Chapter and is intended to complement, rather than supersede, the provisions of City building codes and regulations applicable to installation and operation of grease capturing equipment. 13.22.120 Definitions The following definitions shall apply to this chapter. Where terms are not defined, the definitions in Chapter 13.12 shall apply. A. Best Management Practices (BMPs) means operational activities, prohibitions, maintenance procedures, and other management practices to prevent or reduce the direct or indirect introduction of FOG and insoluble waste into the public sewer. BMPs shall implement the regulations and prohibitions of this Chapter, state and federal law, and any authorizations and permits issued by the City of Half Moon Bay to control discharge and disposal of FOG and insoluble waste. B. Change in Operations means any change in the ownership, food types or operational procedures that have the potential to change the amount of FOG discharged

C. D. Collection System means portions of the public sewer consisting of all pipes, sewers and conveyance systems conveying wastewater to the publicly owned treatment works (POTW), excluding privately owned sewer service lateral line connections. E. Commercial and Industrial Businesses means entities engaged in business for profit and entities engaged in manufacture, service and repair. For purposes of this section, Commercial and Industrial businesses that have potential to introduce FOG and insoluble waste into the City’s collection system would include, but not be limited to, car washes. Dental offices and facilities with trash enclosures not associated with a FOG producer will be handled under the NDWSCP facilitated by Sewer Authority Mid-Coast. F. Director means the Public Works Director, or such director’s designee. G. Fats, Oils and Grease (FOG) means grease, oil, fat or other ether soluble matter derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules, and shall include each of the following two types: i. Dispersed grease, which means grease which is not floatable grease; ii. Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats upon dilution of the liquid with water and includes any waste containing quantities or concentrations of dispersed biodegradable fats, oils and greases. H. FOG Control Program (FOGCP) means the City’s program to administer the requirements of this Section and the General Waste Discharge Requirements of the State Water Resources Control Board Order No. 2022-0103-DWQ. I. FOG Wastewater Discharge Permit (FOG WDP) means a permit issued by the City to a person or entity subject to the requirements of this Chapter authorizing the wastewater discharger or permittee to discharge wastewater into the City’s public sewer collection system subject to and in compliance with the terms, conditions, and criteria of the FOG Control Program as set forth in this Chapter. J. Food Manufacturer/Food Processor (FM/P) means any entity utilizing the City’s public sewer collection system for operation in a permanently constructed structure, maintained and used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for consumption by the public or for sale to other entities, its members, or employees. K. Food Service Establishment (FSE) means a non-residential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including, but not limited to, restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption. A limited food preparation establishment is not considered an FSE when engaged only in reheating, hot holding, or assembly of ready to eat food products, provided that there is no wastewater discharge containing FOG. L. Food Grinder or garbage grinder or garbage disposal means any device installed in the plumbing or sanitary sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the City’s public sewer collection system. M. Grease Control Device (GCD) means any Grease Interceptor, Grease Trap, or other mechanism, device, or process, which is attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG-laden wastewater prior to its discharge

into the City sewer system. “Grease Control Device” also includes any other City approved method to reduce FOG. Grease Control Devices must be sized in accordance with the California Plumbing Code and this Chapter. N. Grease/Sand Interceptor means a City approved multi-compartment device that is required to be located, as according to the California Plumbing Code, between a wastewater discharger and the discharger’s connection to the City sewer system. These devices primarily use gravity to separate FOG and sands from the wastewater as it moves from one compartment to the next. Grease and sand Interceptors must be cleaned, maintained, and have the FOG and solids removed and disposed of in accordance with the terms and conditions of this section and the City’s FOG Waste Discharge Permit. O. Grease Trap means a City-approved Grease Control Device that is used to serve individual fixtures. Grease Traps must be cleaned, maintained, and have the FOG and solids removed and disposed. P. Limited Food Preparation Establishment A FSE that engages only in reheating, hot holding, or assembly of ready to eat food products. Q. Property Owner means a person or entity owning property where a Grease Interceptor is present that is or has potential to serve one or more FSEs. R. Remodeling means a physical change or operational change that potentially increases the amount of FOG, sand or solid waste discharged to the City’s sewer system by the wastewater discharger Public sewer collectionpublic sewer collection S. Waste Discharger, or Discharger means any owner, tenant, entity, or person receiving public sewer collection service from the City T. Waste Hauler means any person or entity that collects the contents of a Grease Control Device for the purpose of transporting it to a recycling or disposal facility. A Waste Hauler may also provide Grease Control Device maintenance services. U. Yellow Grease means used cooking oil, used vegetable oil, recycled vegetable oil, or waste vegetable oil. In restaurants, it is often the used frying oils from deep fryers and griddles. ARTICLE 2. PROHIBITIONS AND REGULATIONS 13.22.200 Prohibitions Every owner, tenant, entity, or person receiving public sewer collection service from the City shall have a duty to not cause, permit or allow the accumulation of FOG in the City sewer system. Such persons and entities shall use industry best management practices and City-approved methods to reduce FOG accumulation in the City public sewer collection System and shall adhere to the following prohibitions: A. Disposal of Fats, Oils and Grease, or any food waste containing Fats, Oils and Grease, directly into drains leading to the sewer system is prohibited. B. Discharge of Yellow Grease, or any waste or mixed material mixed with Yellow Grease, into the sanitary sewer system from a food service establishment is prohibited. No Yellow Grease from a food service establishment shall be mixed with grease trap or grease interceptor waste. C. Introduction of any additives into the wastewater collection system for the purpose of emulsifying FOG or biologically or chemically treating any substance introduced into any

wastewater system for purpose of treatment or pretreatment of wastewater, unless a specific written authorization by the Public Works Director is obtained, is prohibited. D. Disposal of insoluble waste from a trash or materials enclosure into the sanitary sewer system without an approved oil and sand separator is prohibited. E. Installation of food grinders (or garbage grinders) in any new construction or renovation of a structure designed to house a FSE or FM/P is prohibited. All FSEs that undergo a change in operations or remodeling shall remove any existing food grinders concurrent with such change or remodeling, except as otherwise expressly allowed by the Public Works Director. F. Discharge of wastewater from commercially operated dishwashers or food grinders (or garbage grinders) to sewer pipes conveying wastewater to an interceptor or any other grease capturing equipment is prohibited unless such connections or modifications to existing units are approved and issued a building permit by the City. G. Discharge of wastewater at temperatures in excess of 140 degrees Fahrenheit to or through any grease capturing equipment is prohibited. H. Operation of sand and grease interceptors/traps if the unit has accumulated waste and/or