Agenda — Anderson City Council, December 2, 2025

CITY COUNCIL AGENDA
December 2, 2025
REGULAR SESSION - 5;30 P.M.

CLOSED SESSION FOLLOWING

ANDERSON CITY HALL
1887 Howard Street

PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.

If the subject is not on tonight's Agenda, please complete an AJienda Request Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.

The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.

The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.

In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.

Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
1 City Council Meeting
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1.0 ROLL CALL - COUNCIL:

REGULAR SESSION - 5:30 P.M.

Council member Simmons
Council member Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh

2.0 INVOCATION -Anderson Fire District Chaplin Tommy Fields.

3.0 PLEDGE OF ALLEGIANCE - Councilmember Darin Hale.

4.1 RECOGNITION - Public Works Director Adam Whelen will recognize Building Inspector/Code Enforcement Officer Brad Hawkins and Building Inspector Alec White for their excellent work over the last year.

5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?

CONSENT AGENDA

6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?

6.1 MINUTES- Approve the minutes of the regular meeting of November 18, 2025.

6.2 WARRANTS - Receive and file warrant 36038 to 36106 in the amount of $236,064.61; Receive and file ACH in the amount of $51,606.87; Receive and file warrant 36107 to 36155 in the amount of $247,525.18; Receive and file ACH in the amount of $50,861.40.

6.6 FINANCE DIRECTOR - Adopt a Resolution establishing the City's Investment Policy.

END OF CONSENT CALENDAR

6.11 ITEMS (IF ANX) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less. 2 City Council Meeting
December 2, 2025
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REGULAR AGENDA

8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.

Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.

CITY COUNCIL

8.la CONSIDERATION OF AN ORDINANCE (FIRST READING), AMENDING CHAPTER 8.65 TO THE ANDERSON MUNICIPAL CODE REGULATING SOLID WASTE. RECYCLING AND

ORGANIC WASTE WITHIN THE CITY OF ANDERSON
RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment

3. Introduce an Ordinance (First Reading), Amending Chapter 8.65 to the Anderson Municipal Code regulating solid waste, recycling and organic waste, and set it for enactment on December 16, 2025 (Second Reading); and

4. Direct the City Clerk to read the Ordinance by Title Only.

8.lb CHAPTER 8.65 OF THE ANDERSON MUNICIPAL CODE AD HOC COMMITTEE RECOMMENDED ACTION;
Discuss and select two members of the Council to form an Ad Hoc Committee.

8.lc LOCAL YOUTH ENGAGEMENT IN CITY GOVERNMENT
RECOMMENDED ACTION;
Discuss how to get local high school students involved in City government.

8.ld SUPPORT OF ASSEMBLY BILL 762- BANNING SINGLE USE VAPES RECOMMENDED ACTION:

Discuss Assembly Bill 762 and sending a letter of support.

POLICE

8.8 TOBACCO GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE (DOI) IN THE AMOUNT OF $37,412 FOR FY25/26
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RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Approve the requested resolution to accept the grant award funding from the California Department of Justice (DOJ), in the amount of $37,412.

PUBLIC WORKS

8.9 ANDERSON PARK VILLAGE CONSOLIDATION PROJECT - AMENDMENT 2 RECOMMENDED ACTION:

1. Receive a Staff Report;

2. Receive Public Comment;

11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bi/11234.)

12.0 Public Comment on Closed Session Item(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.

The City Council will convene to Closed Session.

CLOSED SESSION
C.S.1 CONFERENCE WITH LABOR NEGOTIATORS (§54957.6) - Agency designated representatives: City Manager Joey Forseth-Deshais - Employee organization: Anderson Police Officers Association C.S.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (SECTION 54956,8) - Property: 2800 Douglas Street, Anderson, CA 96007
- Agency Negotiation: City Manager Joey Forseth-Deshais - Negotiating Parties: Michael and Judy Hubert
- Under Negotiation: Value of Property
The City council will reconvene to Q.pen session,

13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.

14.0 ADJOURN - The City Council willa(Uourn to December 16. 202s. 4 ANDERSON CITY COUNCIL MINUTES
Regular Meeting
November 18, 2025

REGULAR SESSION
The regular session was called to order at 5:30 p.m.

ROLL CALL
Councilmembers present: Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Oliver Collins, Public Works Director Adam Whelen, Finance Director Cindy Wheeler and City Clerk Christy White.

INVOCATION
Doug Deese, Neighborhood Church of Anderson/Cottonwood, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Mike Gallagher led the Pledge of Allegiance.

STUDENT REPORTS
Teen Centers Youth Initiative Coordinator Chris Richardson gave an update on current activities.

Council recognized Anderson Heights student Dominic Salvatore for being a hardworking, respectful, and impactful student who is a true role model within our school community Council presented certificates to the Anderson High School Girls Tennis Team for being the 2025 Northern Athletic League Team Champions and the 2025 NSCIF Team Finalists Runner-Up.

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - None
ITEM hl 12/2/2025
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December 2, 2025

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CONSENT AGENDA
By motion made, second (Simmons/Gallier) and carried by a 5-0 vote, Council took the following action.

Approved the minutes of the regular meeting of regular meeting of November 4, 2025.

Received and filed warrant 35943 to 35985 in the amount of $273,168.03; Received and filed ACH in the amount of $53,698.66; Received and filed warrant 35986 to 36037 in the amount of $423,443.92
Amended the City of Anderson GASB 87 & GASB 96 Accounting Policies.

Received and filed the quarterly treasurer's report for the fiscal quarter ended September 30, 2025.

Approved Letter of Support for Shasta Regional Transportation Agency (SRTA) AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Simmons, Gallier, Gallagher, Hale and Mayor Baugh.

None.

ALL NOTICES WERE GIVEN ACCORDING TO LAW

PUBLIC HEARING

PUBLIC HEARING-WASTE MANAGEMENT RATE ADJUSTMENTS
City Manager Joey Forseth-Deshais gave a staff report and Mayor Baugh opened the public hearing.

5.54 pm public hearing opened
Ken Scheler spoke to Council regarding rising costs of living.

Ron Schlichtenmyer made comments regarding rising costs.

Ron Barnett spoke regarding seniors that are struggling with costs.

Jamie Smith spoke for her father regarding difficulties with Waste Management. 6:12 pm public hearing closed
By motion made, seconded (Gallagher/Simmons) and carried by a 4-1 vote Council voted to adopt Resolution No 25-46 to increase Waste Management, Inc. rates for garbage, recycling, and organic waste collection services, effective January 1, 2026. 6 City Council Meeting
December 2, 2025

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AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Gallagher, Simmons, Gallier and Mayor Baugh.

Hale.

None.

REGULAR AGENDA

CITY COUNCIL

LEAGUE OF CALIFORNIA CITIES PARTICIPATION
Councilmember Gallagher discussed whether the City's has interest in continuing to participate in the League of California Cities as a member for 2026.

Motion made, seconded (Gallagher/Hale) to withdrawal from Calcites and revisit the discussion in two years.

A second motion was made, seconded (Simmons/Baugh) to continue the City's membership with Calcites did not pass.

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmember Simmons, Mayor Baugh.

Hale, Gallagher, Gallier
None.

None.

First motion made, seconded (Gallagher/Hale) and carried by a 3-2 vote Council voted to withdrawal from Calcites.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Gallagher, Hale and Vice Mayor Gallier.

Simmons and Mayor Baugh.

None.

CITY ATTORNEY
AMENDING CHAPTER 8.65 TO THE ANDERSON MUNICIPAL CODE REGULATING SOLID WASTE. RECYCLING AND ORGANIC WASTE WITHIN THE CITY OF ANDERSON City Attorney Collin Bogener gave a staff report and answered questions from Council.

Motion made, seconded (Hale/Simmons) and carried by a 4-1 vote to table the amendment to the next meeting.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hale, Simmons, Gallagher and Vice Mayor Gallier.

Baugh.

None.

None.
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COUNCIL REPORTS /COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.

Councilmember Hale would like to agendize an ad hoc committee/workshop to review Ordinance 8.65.

By motion made, seconded (Hale/Gallagher) and carried by a 5-0 vote Council voted to agendize at the next meeting the discussion on a workshop to amend Ordinance 8.65.

Vote: AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hale, Gallagher, Simmons, Gallier and Mayor Baugh.

None.

Councilmember Hale would like to agendize the topic of youth getting involved in government.

By motion made, seconded (Hale/Gallagher) and carried by a 5-0 vote Council voted to agendize at the next meeting the topic of youth involvement in the City.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hale, Gallagher, Simmons, Gallier and Mayor Baugh.

None.

Mayor Baugh requested AB 762 be agendized at the next meeting.

By motion made, seconded (Baugh/Gallier) and carried by a 5-0 vote Council voted to agendize AB 762 at the next meeting.

VQ.tf.: AYES:

NOES:

ABSTAIN:

ABSENT:

Council members Baugh, Gallier, Simmons, Gallagher and Hale.

None.

Mayor Baugh discussed agendizing the procedure for Mayor /Vice Mayor selection to Council for discussion, no second was received.

ADJOURNMENT
7:58 p.m.: The City Council adiourned to December 2, 2025. 8 City Council Meeting
December 2, 2025

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ATTEST:

Christy White, City Clerk
Susie Baugh, Mayor
9 AGENDA ITEM
I December 2, 2025 City Council Meeting
r Submittal By:

Cindy Wheeler, Finance Director/ Treasurer
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director/Treasurer
Date: December 2, 2025

I SUBJECT
Receive and File Weekly Warrant Registers.

I RECOMMENDATION
Receive and file warrant 36038 to 36106 in the amount of $236,064.61; Receive and file ACH in the amount of $51,606.87; Receive and file warrant 36107 to 36155 in the amount of $247,525.18; Receive and file ACH in the amount of $50,861.40

I ATTACHMENT
Warrant Registers.

ITEM 6.2 PAGE1 12/2/2025
10 CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 11/13/2025 ACH 975.00
004592 HAVEN HUMANE SOCIETY
ANIMAL REGULATION SERVICES 11/13/2025 ACI-I 9,576.71
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 10/10/25 11/14/2025 036038 516.40
000609 AT&T
PHONE CHARGES 11/14/2025 036039 31.54
000615 AT&T CALNET
PHONE CHARGES 11/14/2025 036040 125.64
000700 BADGER METER I INC.

EQUIPMENT 11/14/2025 036041 291.20
000945 BEACON FIRE ALARM & SECURITY I
PROFESSIONAL SERVICES 11/14/2025 036042 195.00
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 11/14/2025 036043 718.75
001750 CALIFORNIA SAFETY CO.

PROFESSIONAL SERVICES 11/14/2025 036044 135.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 11/14/2025 036045 275.54
011846 HEATHER CHOATE
CLEANING DEPOSIT REFUND 11/14/2025 036046 350.00
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 11/14/2025 036047 685.15
002392 CONSOLIDATED ELECTRICAL DIST.

SUPPLIES 11/14/2025 036048 227.39

Page 1 ends

11 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
002592 CRESCO EQUIPMENT RENTALS
EQUIPMENT RENTAL 11/14/2025 036049 228.82
012538 D & H WATER SYSTEMS INC.

EQUIPMENT 11/14/2025 036050 5,855.14
012537 SUZANNE DAVIS
PARK RENTAL REFUND 11/14/2025 036051 47.50
002983 DEPT. OF TRANSPORTATION
TRAFFIC SIGNAL MTNC #02-0041 11/14/2025 036052 2,178.43 011937 OMV
REGISTRATION FEES 11/14/2025 036053 77.00
011828 CHRISTOPHER DOWDS
REIMBURSEMENT-D1 RENEWAL CLASS 11/14/2025 036054 70.00
012264 ELEVATOR TECHNOLOGY INC
PROFESSIONAL SERVICES 11/14/2025 036055 990.00
011998 EMMIE FARRARE
KEY DEPOSIT REFUND 11/14/2025 036056 10.00
003590 FASTENERS INC.

SUPPLIES 11/14/2025 036057 258.64
011697 FASTRAK INVOICE PROCESSING DEP
BRIDGE TOLL-TRAINING 11/14/2025 036058 8.00
003618 FERGUSON WATERWORKS #1423
SUPPLIES 11/14/2025 036059 15,653.23
008380 FREIGHTLINER NORTHWEST
PARTS 11/14/2025 036060 289.16
004028 GAYNOR TELESYSTEMS, INC.

SU BSC RI PTION 11/14/2025 036061 50.79
004067 GHD, INC.

PROFESSIONAL SERVICES 11/14/2025 036062 4,645.75
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12 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVS & PARTS 11/14/2025 036063 1,133.30
004248 GRAINGER
SUPPLIES 11/14/2025 036064 267.23
004811 Hill YARD, INC.

SUPPLIES 11/14/2025 036065 505.60
012536 HILARY HOLT
PARK RENTAL REFUND 11/14/2025 036066 37.50
005076 IBM CORPORATION
PROFESSIONAL SERVICES 11/14/2025 036067 99.00
005633 KISER CPR & FIRST AID
PROFESSIONAL SERVICES 11/14/2025 036068 2,480.00
005640 KIWANIS CLUB OF ANDERSON
VENDOR FEE REFUND 11/14/2025 036069 50.00
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 11/14/2025 036070 3,281.15
006059 LITHIA MOTORS, INC.

PARTS 11/14/2025 036071 31.57
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 11/14/2025 036072 246.68
006413 MARGORITA MARTINEZ
PARK RENTAL REFUND 11/14/2025 036073 47.50
011792 MISSlONSQUARE-302204
PLAN #302204 PE 11/07 /25 11/14/2025 036074 2,965.00
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 11/14/2025 036075 9,727.00
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-NOV 25 11/14/2025 036076 2,040.55
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13 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
012277 NAPA AUTO PARTS
PARTS 11/14/2025 036077 2,709.73
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 11/14/2025 036078 938.18
007361 NORTHSTATE DRUG TESTING
PROFESSIONAL SERVICES 11/14/2025 036079 265.00
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 11/14/2025 036080 5,166.87
007617 PACE ENGINEERING, INC.

PROFESSIONAL SERVICES 11/14/2025 036081 53,190.75
007618 PACE SUPPLY CORP.

SUPPLIES 11/14/2025 036082 1,125.77
007609 PACIFIC GAS & ELECTRIC
PROFESSIONAL SERVICES 11/14/2025 036083 52,308.49
007630 PACIFIC GAS & ELECTRIC
UTILITIES 11/14/2025 036084 14,081.33
007669 PAPE MACHINERY
PARTS 11/14/2025 036085 156.01
007957 PLACER TITLE COMPANY
TITLE REPORT 11/14/2025 036086 500.00
012245 POINT & PAY LLC
PROFESSIONAL SERVICES 11/14/2025 036087 10.00
008076 PREFERRED PUMP
PARTS 11/14/2025 036088 2,448.57
012414 PRIMO BRANDS
DRINKING WATER 11/14/2025 036089 348.14
012273 REDDING HEAT SOFTBALL
FIELD DEPOSIT REFUND 11/14/2025 036090 100.00
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14 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
008571 RICHARD'S UPHOLSTERY
PROFESSIONAL SERVICES 11/14/2025 036091 529.24
012083 MOU NG SAEPHAN
CLEANING DEPOSIT REFUND 11/14/2025 036092 350.00
009081 SAN DIEGO POLICE EQUIPMENT,INC
EQUIPMENT 11/14/2025 036093 4,942.71
012326 SENTIO LLC
PROFESSIONAL SERVICES 11/14/2025 036094 28.10
009564 SHN CONSULTING ENGINEERS AND G
PROFESSIONAL SERVICES 11/14/2025 036095 11,013.75
012016 SISKIYOU OPPORTUNITY CENTER
JANITORIAL SERVICES 11/14/2025 036096 1,871.44
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 11/14/2025 036097 314.34
010187 SUNRISE EXCAVATING, INC.

MATERIALS 11/14/2025 036098 605.73
010237 SWRCB/DWOCP
CERT RENEWAL-MEDERIOS 11/14/2025 036099 201.00
010354 TERRILL'S TRUCK ALIGNMENT
PROFESSIONAL SVCS & PARTS 11/14/2025 036100 819.68
010518 TOMASINI BLACKSMITHING & WELDI
PROFESSIONAL SVCS & PARTS 11/14/2025 036101 345.91
011790 TRAFFIC AND PARKING CONTROL CO
EQUIPMENT 11/14/2025 036102 8,508.19
010688 ULINE
SUPPLIES 11/14/2025 036103 1,981.07
010696 UNDERGROUND SERVICE ALERT OF N
2025 MEMBERSHIP FEE 11/14/2025 036104 1,067.43
Pages
15 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
010756 USA BLUEBOOK
SUPPLIES 11/14/2025 036105 1,509.32
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 11/14/2025 036106 1,250.00
11/13/25 ACH PERS $51,606.87 236,064.61
FOR PAYROLL ENDING 10/24/25
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16 CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 11/21/2025 036107 1,100.00
000083 ACE HARDWARE
SUPPLIES-JOB#5 11/21/2025 036108 762.81
011929 ACME ANALYTICAL SOLUTIONS, INC
SUPPLIES 11/21/2025 036109 1,057.21
012540 MAYCHELL ANAYA
BASKETBALL REGISTRATION REFUND 11/21/2025 036110 40.00
000404 ANDERSON FARM & YARD SUP.

SUPPLIES 11/21/2025 036111 22.63
000615 AT&T CALNET
PHONE CHARGES 11/21/2025 036112 252.46
000909 BATTERIES PLUS - 450
SUPPLIES 11/21/2025 036113 137.09
012534 C R FENCE COMPANY
BUS LICENSE OVRPYMT REFUND 11/21/2025 036114 30.00
001664 CA. DEPT OF FISH & GAME
2025-2030 LSA PERMIT RENEWAL 11/21/2025 036115 4,522.25 001712 CALEPA
ASSET FORFEITURES 11/21/2025 036116 416.47
001750 CALIFORNIA SAFETY CO.

PROFESSIONAL SERVICES 11/21/2025 036117 1,810.00
012541 ALMA CEJA
CLEANING DEPOSIT REFUND 11/21/2025 036118 350.00
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 11/21/2025 036119 2,460.08

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17 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
002157 CITY OF ANDERSON
PETTY CASH-ICE RINK 11/21/2025 036120 225.00
002634 CROWN MOTORS
VEHICLE PURCHASE 11/21/2025 036121 77,177.00
003452 ENTERPRISE FM TRUST
VEHICLE LEASES 11/21/2025 036122 23,126.82
003590 FASTENERS INC.

SUPPLIES 11/21/2025 036123 1,447.89
003618 FERGUSON WATERWORKS #1423
SUPPLIES 11/21/2025 036124 1,075.71
012542 AIMEE GAGNER
BASKETBALL REGISTRATION REFUND 11/21/2025 036125 40.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 11/21/2025 036126 884.18
004248 GRAINGER
SUPPLIES 11/21/2025 036127 3,025.63
004318 PETER GRIGGS
PROFESSIONAL SERVICES 11/21/2025 036128 157.50
004623 ERIC HAYNES
PER DIEM-TRAINING 11/21/2025 036129 299.00
005026 HUNTER ROOFING
BUS LICENSE OVRPYMT REFUND 11/21/2025 036130 25.00
005101 INDUSTRIAL ELECTRIC MOTORS INC
PROFESSIONAL SVCS & PARTS 11/21/2025 036131 2,788.30
005139 INTOXIMETERS
PROFESSIONAL SERVICES 11/21/2025 036132 83.81
005631 KIRVIN INVESTIGATIONS
PROFESSIONAL SERVICES 11/21/2025 036133 2,086.80
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18 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
005647 AUSTIN KLEIN
PER DIEM-TRAINING 11/21/2025 036134 86.00
005839 LANGUAGE LINE SERVICES
PROFESSIONAL SERVICES 11/21/2025 036135 35.72
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 11/21/2025 036136 729.28
006229 LYRO PRINTING
PROFESSIONAL SVCS & SUPPLIES 11/21/2025 036137 712.78
012543 NDTTANKNICIANS LLC
PROFESSIONAL SERVICES 11/21/2025 036138 14,934.00
007617 PACE ENGINEERING, INC.

PROFESSIONAL SERVICES 11/21/2025 036139 76,169.25
007630 PACIFIC GAS & ELECTRIC
UTILITIES 11/21/2025 036140 2,089.16
012017 PRESYNCED PRODUCTIONS
PROFESSIONAL SERVICES 11/21/2025 036141 1,055.00
012414 PRIMO BRANDS
DRINKING WATER 11/21/2025 036142 439.84
011940 QUICK QUACK CAR WASH
CAR WASHES 11/21/2025 036143 650.66
012143 R3 CONSULTING GROUP INC.

PROFESSIONAL SERVICES 11/21/2025 036144 3,102.50
012176 RING CENTRAL INC
PHONE CHARGES 11/21/2025 036145 1,844.04
009037 NAISAETERN
CLEANING DEPOSIT REFUND 11/21/2025 036146 350.00
009395 SHASTA CO. DISTRICT ATTORNEY
ASSET FORFEITURES 11/21/2025 036147 4,550.41
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19 NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
009423 SHASTA COUNTY AUDITOR CONT.
#00941-007443 ASSET FORFEITURE 11/21/2025 036148 9,995.31 009447 SHASTA COUNTY SHERIFF'S OFFICE
ASSET FORFEITURE-GANG FUND 11/21/2025 036149 4,060.59
012533 SYSTEMS PLUS TRUCKING CO INC
BUS LICENSE OVRPYMT REFUND 11/21/2025 036150 50.00
012535 TANDS FARMS
BUS LICENSE REFUND 11/21/2025 036151 14.00
010579 TRANSUNION RISK AND ALTERNATIV
PROFESSIONAL SERVICES 11/21/2025 036152 75.00
012539 KARA YOWELL
CLEANING DEPOSIT REFUND 11/21/2025 036153 350.00
002101 CHRIS CHIMENTI
PER DIEM-TRAINING 11/21/2025 036154 294.00
011857 JOSEPH GRADY
PER DIEM-TRAINING 11/21/2025 036155 534.00
11/19/25 ACH PERS $50,861.40 247,525.18
FOR PAYROLL ENDING 11/07/25
Page4
20 AGENDA ITEM
December 2, 2025 City Council Meeting
C---- CiMywheeler, Finance Director
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: December 2, 2025
!SUBJECT
Annual adoption of City Investment Policy

I RECOMMENDATION
The Finance Director recommends that the City Council, by motion:

Adopt a Resolution establishing the City's Investment Policy. ·1 FISCAL IMPACT
Adoption of the City Investment Policy will not have an effect on city expenses. Because the City takes a conservative approach to investing public funds, the Investment Policy has the impact of keeping investment income relatively low. However, this is necessary to ensure the safety of public funds.
!DISCUSSION and BACKGROUND
Sections 53600 and 53609 of the California Government Code place several requirements on the investments of city funds and impose requirements for reporting to the City Council about investment activities.

ITEM 6.6 PAGE1 12/2/2025
21 One of the requirements is that the City Council must review and adopt the City's investment policy annually.

Each year, staff reviews the City Investment Policy for changes and presents the policy to Council for review and adoption. The investment policy remains unchanged from the prior year and consistently emphasizes the following order of criteria for investment of city funds: safety1 liquidity1 and yield.

The Finance Director recommends that the City Council consider and adopt the attached investment policy.

I ATTACHMENTS

1. Resolution adopting the City Investment Policy
ITEM 6.6 PAGE2 12/2/2025
22 RESOLUTION NO. 25-

RESOLUTION ADOPTING AN INVESTMENT POLICY
WHEREAS, in accordance with the Government Code, the Treasurer has delivered to the City Council a proposed statement of investment policy; and WHEREAS, the City Council of the City of Anderson has reviewed the policy and determined it will provide sound guidance for the investment of city funds toward the investment goals of safety, liquidity and return; and WHEREAS, the City Council of the City of Anderson now wishes to adopt this investment policy.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Anderson hereby adopts the investment policy attached as Exhibit A to this resolution.

PASSED AND ADOPTED by the City Council of the City of Anderson on this 2nd day of December 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Susie Baugh, Mayor
Christy White, City Clerk
23 24
cases, the funds will be held separately when required by law, contract, or other authority.

4.0 Objectives. Section 53600.5 of the California Government Code outlines the primary objectives of a trustee investing public money. The primary objectives, in order of priority, of the city's investment activities shall be:

4.1 Safety. Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the overall portfolio and reduce both credit and market risk.

4.2 Liquidity. The city's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements, which might be reasonably anticipated.

4.3 Return on Investment. Investment return becomes a consideration only after the basic requirements of safety and liquidity have been met. The City shall attempt to obtain an acceptable return provided that the requirements of safety and liquidity are first met.

The City Finance Director /Treasurer shall strive to maintain the level of investment of all contingency reserves and inactive funds as close to 100% as possible. While the objectives of safety and liquidity must first be met, it is recognized that portfolio assets represent a potential source of significant revenues. It is to the benefit of the City that these assets be managed to produce optimum revenues, consistent with state statutes and local ordinances.

5.0 Duties and Responsibilities. By the annual adoption of this policy, the management of inactive cash and the investment of funds identified in paragraph

3.1 is the responsibility of the City Finance Director/Treasurer as directed by the City Council. Under the authority granted by the City Council, no person may engage in an investment transaction covered by the terms of this policy unless directed by the Finance Director/Treasurer.

In the execution of this delegated authority, the Finance Director /Treasurer may establish accounts with qualified financial institutions and brokers/dealers for the purpose of effecting investment transactions in accordance with this policy. The criteria used to select qualified financial institutions and brokers/dealers are identified in paragraph 14 of this policy.

6.0 Prudence. Section 53600.3 of the California Government Code identifies as trustees those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. Investments shall be made with judgment and care-under circumstances 25 then prevailing which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

7.0 Ethics and Conflicts of Interest. All participants in the city's investment process shall seek to act responsibly as custodians of the public trust. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment recommendations and decisions. Investment officials and employees shall make all disclosures appropriate under the Fair Political Practices Act and may seek the advice of the City Attorney and the Fair Political Practices Commission whenever there is a question of personal financial or investment positions that could represent potential conflicts of interest.

8.0 Authorized Investments.

8.1 Pooled Investments. The City Finance Director/Treasurer may invest City funds in the following instruments as specified in the California Government Code, Section 53601, and as further limited in this policy.

8.1.1 Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage-backed securities with a fixed coupon issued by an agency of the U.S. Government.

8.1.2 Bankers Acceptances that are eligible for purchase by the Federal Reserve System. Purchases may not exceed 180 days of maturity or 15% of the portfolio.

8.1.3 Certificates of Deposit. Deposits should not exceed one-year maturity.

Deposits will be collateralized as specified in paragraph 9.0 of this investment policy. Deposits must be issued by nationally or state-chartered banks and cannot exceed 30% of the portfolio.

8.1.4 Prime Commercial Paper of the highest numerical rating of Moody's Investment Services, Inc. or Standard & Poors Corporation. Further, eligible paper is limited to issuing corporations that are organized and operating within the United States and having total assets in excess of $500 million and having a "AA" or higher rating for other debt of the issuer. Purchases may 26 not exceed 270 days of maturity or 15% of the portfolio, and may not represent more than 5% of the outstanding paper of an issuing corporation.

8.1.5 Medium-term Corporate Notes of a maximum of five years until maturity issued by corporations organized and operating within the United States and rated in the "AAA" or "AA" categories of Moody's Investment Services, Inc. and Standard and Poors Corporation. Purchases may not exceed 15% of the portfolio.

8.1.6 Money market funds (whose portfolio consists of one or more of the foregoing legal investments).

8.1.7 Sweep accounts for the investment of overnight funds when the funds are swept into investments allowed by this policy.

8.1.8 Local Agency Investment Fund (LAIF) of the State of California.

Investments will be made in accordance with the laws and regulations governing those Funds.

8.1.9 Passbook accounts maintained solely to provide for ongoing operational needs shall be subject to the requirements of this policy.

8.2 Investments Held Separately. Investments of bond funds will be made in conformance with the trust indenture for each issue. Such investments will be held separately when required.

9.0 Collateralization. Investments in time certificates of deposit shall be fully insured up to $100,000 by the Federal Deposit Insurance Corporation or the Federal Savings & Loan Insurance Corporation, as appropriate. Investments in time certificates of deposit in excess of $100,000 shall be properly collateralized as required by law.

10.0 Unauthorized Investments/Investment Activities. Investments not specifically included under paragraph 8 of this policy are disallowed. Additionally, Section 53601.6 of the California Government Code disallows the following: inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages. Futures, options, or any leveraged purchases are not allowed.

11.0 Investment Strategy.

11.1 Pooled Investments. A buy and hold strategy will generally be followed; that is, investments once made will usually be held until maturity. A buy and hold strategy requires that the portfolio be kept sufficiently liquid to preclude the undesirable sale of investments prior to maturity. Occasionally, the City Finance Director /Treasurer may find it advantageous to sell an investment prior to maturity, but this should only be on an exception basis and only when it is 27 clearly favorable to do so. To further provide for liquidity, investments will be made only in readily marketable securities actively traded in the secondary market.

11.2 Investments Held Separately. Investments held separately for bond proceeds will follow the trust indenture for each issue.

12.0 Diversification. The portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. In addition to the limitations on specific security types indicated in paragraph 8.0 if this investment policy, and with the exception of U.S.

Treasury /Federal agency securities and authorized pools, no more than 5% of the city's portfolio will be placed with any single issuer.

13.0 Maximum Maturities.

13.1 Pooled Investments. A policy of laddered maturities will be followed for pooled investments. At least 50% of the portfolio will be invested in instruments maturing within one year from the current date. No more than 25% of the entire portfolio may have a maturity date between 3 and 5 years from the current date.

Investments having a maturity greater than 5 years will not be made. The average portfolio investment maturity shall be 3 years or less. A dollar-weighted average will be used in computing the average maturity of the portfolio.

13.2 Investments Held Separately. Maturities for investments held separately will conform with the trust indenture for each issue.

14.0 Selection of Financial Institutions and Brokers/Dealers. Investments shall be purchased only through well-established, financially sound institutions. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the city's investment policy, and a return cover letter which must be signed indicating that the investment policy has been read and understood. Qualified financial institutions must provide a copy of current audited financial statements and verification of federal charter.

Broker/dealers must provide current audited financial statements and verification that the firm is in good standing with a national securities exchange.

15.0 Purchase, Payment, Delivery, Safekeeping and Custody. A competitive bid process, when practical, will be used to place all investment transactions. All security transactions entered into by the City shall be conducted on a delivery-vs.- payment basis. All securities owned by the City will be held by a third-party custodian designated by the City Finance Director /Treasurer and evidenced by a periodic statement from the custodian. All securities will be held in the nominee name of the custodian.
28 16.0 Performance Standard for Pooled Investments. Laddered maturities and a buy-and-hold strategy for pooled investments will cause the investment portfolio to attain a market-average rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow needs. Since at least 50% of the portfolio must mature within 1 year, the rate of return will be more closely related to, but lag behind, changes in short-term market rates. The rate of return of the investment portfolio will be based on the maturity value of the investments. A dollar-weighted average of yields to maturity will be used in calculating the rate of return of the entire portfolio.

17.0 Reporting. Section 53646 of the California Government Code require specific reports of investments and transactions to the City Council and City Manager.

17.1 Pooled Investments. The investment report shall be submitted quarterly by the City Finance Director/Treasurer within 30 days following the end of the quarter covered by the report. The quarterly report shall include the following elements:

Itemized listing of portfolio investments by type, date of maturity, yield to maturity, and issuer.

Par value, dollar amount invested, book value, and current market value if applicable. The source of the market values will be cited.

Credit ratings of corporate notes
Weighted average yield and days to maturity of the portfolio Percent of portfolio maturing within one year, one to three years, and three to five years
Percent that each type of investment represents in the portfolio Investment transactions for the reporting period
Statement that the investment portfolio has the ability to meet the city's cash flow demands for the next six (6) months.

Statement of compliance of the portfolio with the city's investment policy.

An annual report for pooled investments will also be made to the City Council following the close of the fiscal year. The annual report will include a review of the composition of the portfolio, a discussion of trends impacting the portfolio, and a statement regarding anticipated fund activity in the next fiscal year.

17.2 Investments held Separately. A report of investments held separately, including deferred compensation balances, shall be made quarterly within 30 days following the end of the quarter and submitted as an exhibit in the City Finance Director/Treasurer's quarterly report.

18.0 Exceptions. Occasionally, exceptions to some of the requirements specified in this investment policy may occur for pooled investments because of events subsequent to the purchase of investment instruments. State law is silent as to how exceptions should be corrected. Exceptions may be temporary or more lasting; they 29 may be self-correcting or require specific action. If specific action is required, the City Finance Director /Treasurer should determine the course of action that would correct exceptions to move the portfolio into compliance with state and city requirements. Decisions to correct exceptions should not expose the assets of the portfolio to undue risk, and should not impair the meeting of financial obligations as they fall due. Any subsequent investments should not extend existing exceptions.

19.0 Internal control. The Finance Director /Treasurer shall establish and maintain a system of appropriate internal controls to ensure compliance with policies and procedures. The controls are designated to prevent losses of public funds arising from fraud, error or imprudent actions by employees and officers of the City.

20.0 Investment Policy Adoption. Section 53646(a) of the California Government Code requires the City Finance Director /Treasurer to render to the City Council a statement of investment policy no less frequently than once each year. The city's investment policy and any modifications thereto shall be considered at a public meeting. Adoption shall be made by resolution of the City Council. 30 City of Anderson
Investment Policy- Glossary
Bankers Acceptance: Investment vehicle created to facilitate international commercial trade transactions. The bank accepts responsibility to repay a loan to the holder of the investment vehicle created in a commercial transaction. The creditworthiness of Bankers Acceptances are enhanced because they are secured by the issuing bank, the goods themselves, and the importer. Bankers Acceptance are sold on a discounted basis.

Bond Indenture ( or Trust Indenture): Written agreement specifying the terms and conditions for issuing bonds, stating the form of the bond being offered for sale, interest to be paid, the maturity date, call provisions and protective covenants, if any, collateral pledged, the repayment schedule, and other terms. It describes the legal obligations of a bond issuer and the powers of the bond trustee, who has the responsibility for ensuring that interest payments are made to registered bondholders.

Buy and Hold Strategy: Investments in which management has the positive intent and ability to hold each issue until maturity.
"Certificates of Deposit: Large denomination ($100,000 or more) interest-bearing time deposits, paying the holder a fixed amount of interest at maturity. Funds cannot be withdrawn before maturity without giving advance notice and without a penalty.

Collateralization: To secure a debt in part or in full by pledge of collateral, asset pledged as security to ensure payment or performance of an obligation.

Commercial Paper: Short-term IOU, or unsecured money market obligation, issued by prime-rated commercial firms and financial companies, with maturities from 2 days up to 270 days. A promissory note of the issuer used to finance current obligations and is a negotiable instrument.

Delivery Versus Payment: Securities industry term indicating payment is due when the buyer has securities in hand or a book entry receipt.

Diversification: Dividing investment funds among a variety of securities offering independent returns.

Laddered Portfolio: Bond investment portfolio with securities in each maturity range (e.g. monthly) over a specified period of time (e.g. five years).

Leverage: Investing with borrowed money with the expectation that the interest earned on the investment will exceed the interest paid on the borrowed money. 31 Local Agency Investment Fund (LAIF): A voluntary investment program offering participating agencies the opportunity to participate in a major portfolio which daily invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. Investment in LAIF, considered a short-term investment, is readily available for cash withdrawal on a daily basis.

Nominee: Registered owner of a stock or bond if different from the beneficial owner, who acts as holder of record for securities and other assets. Typically, this arrangement is done to facilitate the transfer of securities when it is inconvenient to obtain the signature of the real owner, or the actual owner may not wish to be identified. Nominee ownership simplifies the registration and transfer of securities.

Pooled Investment: Grouping of resources for the common advantage of the participants.

Sweep Account: Short-term income fund into which all uninvested cash balances from the non-interest-bearing checking account are automatically transferred on a daily basis.

Third-Party Custodian: Corporate agent, usually a commercial bank, who, acting as trustee, holds securities under a written agreement for a corporate client and buys and sells securities when instructed. Custody services include securities safekeeping, and collection of dividends and interest. The bank acts only as a transfer agent and makes no buy-sell recommendations.

U.S. Government Securities: Securities issued by the U.S. Government and its agencies which are either directly or indirectly backed by the full faith and credit of the United States. U.S. Government securities include Treasury Bills, Notes, and Bonds. Agency securities include those issued by the Federal National Mortgage Association, Federal Home Loan Bank, and similar agencies.

Yield to Maturity: The rate of annual income returns on an investment expressed as a percentage, adjusted for any discounts, and spread over the period from the date of purchase to the date of maturity.
32 AGENDA ITEM
I December 2, 2025, City Council Meeting
ved for Submittal By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth·Deshais, City Manager
From: Collin Bogener, City Attorney
Date: December 2, 2025
!SUBJECT
Consideration of an Ordinance (First Reading), Amending Chapter 8.65 to the Anderson Municipal Code regulating solid waste, recycling and organic waste within the City of Anderson

I RECOMMENDATION
The City Attorney recommends that the City Council:

1. Receive a Staff Report;

2. Receive Public Comment

4. Direct the City Clerk to read the Ordinance by Title Only. !FISCAL IMPACT
There is no impact on the General Fund related to the consideration and adoption of Ordinance No. _ . However, there will be compliance and implementation costs required because of SB 1383 that will likely be passed on to customers and the City.

ITEM 8.1a PAGE1 12/2/2025
33 I DISCUSSION and BACKGROUND
During the November 18, 2025 City Council meeting it was decided to table this ordinance change to the next meeting to allow Council members further time to familiarize themselves with the existing ordinance section 8.65 of the Anderson Municipal Code and to review the track changed edits provided.

The final regulations of SB 1383 were approved on November 3, 2020. The intent of SB 1383 is to reduce short-lived climate pollutants (SLCP) that contribute to greenhouse gas emissions and air pollution resulting from decomposing organic waste, specifically food scrap waste. As defined by the legislation, the three main goals of SB 1383 are: 1) Reducing organic waste disposal by 50 percent of the 2014 level by 2020; 2) Reducing organic waste disposal by 75 percent of 2014 levels by 2025, which would be more than 20-million tons; and 3) Recovering 20 percent of currently disposed of edible food for human consumption through food banks, and related human services organizations by 2025.

SB 1383 requires the City to adopt an enforceable ordinance to compel businesses and residents to recycle their organic and food waste, and comply with other requirements of the regulation, while putting the responsibility for funding, administrating, and implementing those goals on the City. The City could face penalties of up to $10,000 per day for failing to comply with SB 1383.

In January of 2022, the City adopted Chapter 8.65 to ensure compliance with SB 1383, creating the required enforceable ordinance. Staff informed Council that the ordinance would come back for consideration prior to implementation of 1383, since multiple unknown factors remained at that time. That amended ordinance is now being brought back.

The amended ordinance extends the regulation to not only organic waste, but also recycling and solid waste disposal, resulting in the new title of "Solid Waste, Recycling, and Organic Waste."
SB 1383 Compliance requirements include:

1. Providing Organic Collection Services to All Residents and Businesses - Organic waste consists of, but not limited to, green waste, food waste, fibers, and wood waste.

2. Reporting - Keeping appropriate records and reporting to the State on SB 1383 implementation. This will include information about solid waste container inspections, violators, and food-recovery programs used by businesses that must comply with SB 1383's edible food recovery requirement.

3. Enforcement and Compliance - Container contamination must be monitored, and violators who inappropriately dispose of their organic waste must be cited by the City.

4. Procurement - The City will be required to meet minimum targets for procuring recycled and recovered organic products that will be based on its population size.

Examples of organic products include compost, mulch, biomass derived electricity, or renewable gas.

ITEM 8.1a PAGE2 12/2/2025
34 Additional regulations of the amended ordinance include:

1. Single family, multi~family dwelling or commercial premises owners shall maintain a mandatory subscription for regular waste connection from the city's exclusive franchise hauler.

2. The mandatory hauling provision does not apply to the hauling of hazardous waste, the hauling of waste vegetation derived from landscaping activities, the hauling of construction and demolition debris, the collection and hauling of litter by volunteers, and/or the collection and hauling by city crews to a transfer station.

The proposed amended ordinance is consistent with the terms agreed to with the City's exclusive franchise hauler through the franchise agreement approved by the Council earlier this year.

I ATTACHMENT

1. Proposed Ordinance

2. Existing Ordinance Track Changes
ITEM 8.1a PAGE3 12/2/2025
35 ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING CHAPTER 8.65 OF THE ANDERSON MUNICIPAL CODE TO REGULATE SOLID WASTE,

RECYCLING AND ORGANIC WASTE
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities, counties and districts to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdiction to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on Commercial Businesses and Multi-Family Premises that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a mandatory Commercial recycling program; and WHEREAS, State Organics Materials recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 ( commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires Commercial Businesses and Multi-Family Residential dwelling of 5 units or more that generate a specified threshold amount of Solid Waste, Recyclable Materials, and Organic Materials per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Materials from Commercial Businesses and Multi-Family Premises subject to the law, and requires jurisdictions to implement a mandatory Commercial Organic Materials recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, (approved by the Governor of the State of California on September 19, 2016) requires CalRecycle to develop regulations to reduce Organic Waste in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Multi-Family Premises, Commercial Businesses, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of the SB 1383 statewide Organic Waste disposal reduction targets; and
36 WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and
WHEREAS, In January of 2022, the City of Anderson adopted the required enforcement ordinance under SB 1383, and now seeks to amend that ordinance to clarify the regulations within the City of Anderson, and to broaden the ordinance to also address solid waste and recycling collection and hauling within the City's jurisdiction.

NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:

SECTION 1. Chapter 8.65 ("Mandatory Organic Waste Disposal") of the Anderson Municipal Code is hereby repealed and replaced as follows:

Chapter 8.65 is hereby repealed in its entirety and replaced with the following:

Chapter 8.65- Solid Waste, Recycling, and Organic Waste

8.65.010

8.65.020

8.65.030

8.65.040

8.65.050

8.65.060

8.65.070

8.65.080

8.65.090

8.65.100

8.65.110

8.65.120

8.65.130

8.65.140

8.65.150

8.65.160

8.65.010
Title
Purpose and Findings
Definitions
Requirements for Solid Waste, Recycling, and Organic Waste Disposal Requirements for Single Family Generators
Requirements for Commercial Businesses
Waivers for Generators
Requirements for Commercial Edible Food Generators
Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies
Requirements for Haulers and Facility Operators
Compliance with CalGreen Recycling Requirements
Model Water Efficient Landscaping Ordinance Requirements Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors
Inspections and Investigations by Jurisdiction
Enforcement
Effective Date
TITLE.
37 This Chapter may be cited as Solid Waste, Recycling and Organic Waste Ordinance.

8.65.020 PURPOSE AND FINDINGS
The City of Anderson finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
( d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Cal Recycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum 38 amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

8.65.030 DEFINITIONS
(a) "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(S) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). ( d) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR ( e.g., "14 CCR" refers to Title 14 of CCR). ( e) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(f) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(g) "Compliance Review" means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.
(h) "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
39 0) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C).
(k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) "C&D" means construction and demolition debris.
(m) "Designated Source Separated Organic Waste Facility", as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(t) for Organic Waste received from the Source Separated Organic Waste collection stream. (A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility". (2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
(n) "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(o) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, 40 Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (p) "Enforcement Action" means an action of the Jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de mini mis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and latex paint when such materials are defined as allowable materials for collection through the Jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services
(r) "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(s) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(t) "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(u) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; 41 (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113 842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

OD "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. (kk) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one 43 Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (II) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)( 40). (mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(nn) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(oo) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)( 41).
(pp) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)( 42):
(1) Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
(2) Facilities operated by the State Park system located within the boundaries of the Jurisdiction.
(3) Public universities (including community colleges) located within the boundaries of the Jurisdiction.
(4) County fairgrounds located within the boundaries of the Jurisdiction. (5) State agencies located within the boundaries of the Jurisdiction. (qq) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)( 43).
(rr) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)( 45) or further explained in 14 CCR Section 18995.4. (ss) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, 44 green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(tt) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)( 48). (uu) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (w) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (ww) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(xx) "Recovered Organic Waste Products" means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (yy) "Recovery" means any activity or process described in 14 CCR Section 18983.l(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(zz) "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(aaa) "Regional Agency" means regional agency as defined in Public Resources Code Section 40181.
(bbb) "Regional Enforcement Official" means a regional or county agency enforcement official, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official 45 (ccc) "Remote Monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. ( ddd) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
( eee) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(fff) "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(ggg) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 ( commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (hhh) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (iii) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Backhaul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Uii) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(kkk) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid 46 and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. (Ill) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.S(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
(mmm) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)( 43), or as otherwise defined by Section 17402(a)(18.7). ( ooo) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. (ppp) "Source Separated Recyclable Materials" means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. ( qqq) "State" means the State of California.
(rrr) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 47 canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(sss) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(ttt) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
( 6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
(uuu) "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that 48 recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(75).
(vvv) "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

8.65.040

DISPOSAL

REQUIREMENTS FOR SOLID WASTE, RECYCLING, AND ORGANIC WASTE (a) Every person in possession, charge, or control of any single-family dwelling, multifamily dwelling, or commercial premises shall ensure that arrangements are made to properly dispose of the solid waste, recycling, and organic waste created, produced, or accumulated on the premises through maintaining a mandatory subscription for regular waste collection services from the city's exclusive franchise hauler and, where permissible, self-hauling and/or subcontracting services.
(b) No person except the city or an authorized collector shall collect or transport solid waste or provide solid waste services within the city unless specifically authorized by the city, with the following exceptions:
(1) Collection, transfer, handling and disposal of hazardous waste; (2) The removal and transportation of waste vegetation derived from landscaping activities or construction and demolition debris by the owner or occupant of the property from which the material is derived, or by persons licensed to do landscaping, tree trimming, or C&D business in the city and providing service to the owner or occupant of the property from which the material is derived;
(3) Collection, transport, disposal or recycling of litter by an individual or volunteer group of individuals;
(4) Community or neighborhood clean-up activities operated in cooperation with the city or an authorized person;
(5) City crews collecting, transporting, disposing or recycling and transporting solid waste to a transfer station, processing facility, landfill, or material recovery facility.

8.65.050 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family Waste Generators shall comply with the following requirements:
(a) Shall subscribe to Jurisdiction's three container service and comply with requirements of those services as described below in 8.65.050(b) and (c). 49 (b) Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4(b) Single-Family Organic Waste Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(c) Shall participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. (1)

8.65.060
Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Single-Family Organic Waste Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.

REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction's three container service and comply with requirements of those services as described below in 8.65.0S0(b).
(b) Participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below. (1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container, Green Container, and Gray Container collection service. (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
50 (1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b) inside the dwelling units.
(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees, contractors, tenants, and customers from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, Green Container, and Gray Container collection service.
(g) Excluding Multi-Family Residential Dwellings, quarterly inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees, contractors, tenants, and customers if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Records of inspections shall be made available upon request by the Jurisdiction or Regional Agency.
(h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Material Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.

U) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with 8.65.150 of this ordinance to confirm compliance with the requirements of this ordinance.
51 (k) Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with

8.65.0S0(b).
(I) At Commercial Business's option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee, or the Regional Agency.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
( o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 8.65.070.

8.65.070 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction or Regional Agency may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in 8.65.060( a) (2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.65.060(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or, (B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste. 52 (3) Notify Jurisdiction if circumstances change such that Commercial Business' Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
( 4) Provide written verification of eligibility for de mini mis waiver every 5 years, if Jurisdiction has approved de mini mis waiver.
(b) Physical Space Waivers: A Jurisdiction or Regional Agency may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of 8.65.050 or 8.65.060.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.
(c) Collection Frequency Waiver: Jurisdiction or Regional Agency, at its discretion and in accordance with 14 CCR Section 18984.ll(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Jurisdiction's three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both, once every fourteen days, rather than once per week. A collection frequency waiver may be requested by submitting an application to arrange for collection every fourteen days.

A Commercial Business or property owner may request a collection frequency waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the Blue Container, Gray Container, or both, does not contain putrescible waste.
53 (3)

8.65.080
Provide written verification to Jurisdiction that it is still eligible for collection frequency waiver every five years, if Jurisdiction has approved application for a collection frequency waiver.

REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS
(a) Tier One Commercial Edible Food Generators must comply with the requirements of Section 8.65.070 commencing January 1, 202 2, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. ( 4) Allow Jurisdiction's designated enforcement entity or Regional Agency to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b ).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
54 (i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than March 1 of each year commencing no later than 2023 for Tier One Commercial Edible Food Generators and 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Regional Agency that includes all information listed above in 8.65.070(c)(5). ( d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.65.090 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES,

AND JURISDICTION
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(a)(l):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
55 (b) Food Recovery Organizations collecting or rece1vmg Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3 (b) shall report to the Regional Agency the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1. (d) Food Recovery Capacity Planning
(1)

8.65.100
Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Jurisdiction or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction and Regional Agency, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction or Regional Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction or Regional Agency.

REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS
(a) Requirements for Haulers
(1) Exclusive franchised haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
56 (A) Through written notice to the Jurisdiction annually on or before October 1 for the following calendar year, exclusive franchise haulers must identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste. At its discretion, the Jurisdiction may direct the exclusive franchise haulers to use certain facilities. If the Jurisdiction chooses to exercise this right, the exclusive franchise haulers shall follow the Jurisdiction's direction and provide alternative facilities that may be used in the event the selected facilities are temporarily or permanently rejecting Solid Waste.
(B) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, or as otherwise required by this ordinance.
(2) Exclusive franchise haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Jurisdiction. (b) Requirements for Facility Operators and Community Composting Operations (1)
(2)

8.65.110
Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Jurisdiction shall respond within 60 days.

Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.

COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS
(a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alterations shall comply with the requirements of this Section and all 57 required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. Ifthe requirements ofCALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.

Project applicants shall refer to Jurisdiction's Building Department for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction's permit approval, comply with the following:
(1)
(2)
(3)

8.65.120
Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and

Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/ or reporting of C&D.

MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the 58 MWELO, including sections related to use of Compost and mulch as delineated in Section 8.65.120.
(b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. ( c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.65.120(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(8), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
(8) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 9.65.120(a) shall consult the full MWELO for all requirements. ( d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(8), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2. 7 shall be enforced.
59 8.65.130 PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS,

DIRECT SERVICE PROVIDERS, AND VENDORS
(a) Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction's Recovered Organic Waste Product Procurement Policy adopted on January 18, 2022.

8.65.140 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION AND REGIONAL AGENCY
(a) Jurisdiction, and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Jurisdiction to enter the interior of a private residential property or areas other than those areas accessed during regular collection service for Inspection. (b) Organic Waste Generator shall provide or arrange for access during all Inspections and shall cooperate with the Jurisdiction's or Regional Agency's employee or its designated entity /Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described. (c) Any records obtained by a Jurisdiction or Regional Agency during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Jurisdiction and Regional Agency representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. (e) Jurisdiction or Regional Agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.65.150 ENFORCEMENT
60 (a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance include issuance of an administrative citation(s) and assessment of a fine(s). The Jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, or their designated entity, legal counsel, or combination thereof.
(2) Enforcement recommendations may be made by a Regional Enforcement Official, in consultation with Jurisdiction Enforcement Official. (A) Regional Enforcement Official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; recommend Enforcement Actions; and, determine if compliance standards are met. (8) Jurisdiction Enforcement Official(s) will issue Notices of Violation(s). ( d) Process for Enforcement
(1) Regional Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section

8.65.140 establishes Jurisdiction's and Regional Agency's right to conduct Inspections and investigations.
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) Jurisdiction shall issue a Notice of Violation within 60 days of the violation, requiring compliance within 60 days of issuance of the notice. 61 ( 4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's requirements.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
( e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 for SingleFamily Generators and shall be $100 per violation for Commercial Businesses. (2) For a second violation, the amount of the base penalty shall be $100 for SingleFamily Generators and shall be $200 per violation for Commercial Businesses. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 for Single-Family Generators and shall be $500 per violation for Commercial Businesses.
(fJ Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.65.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction's 62 procedures in the Jurisdiction's codes for appeals of administrative citations.

Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Civil Penalties for Non-Compliance
If the Jurisdiction determines that an Organic Waste Generator, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall issue a Notice of Violation, and take Enforcement Action pursuant to Section

8.65.150, as needed.

SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this ordinance.

SECTION 4. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on December 2, 2025 and enacted at a regular meeting of the City Council of the City of Anderson held on December 16, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Susie Baugh, Mayor
ATTEST:

Christy White, City Clerk
63 ORDINANCE NO. __
City 8f tmdeFS8R Mandatery Organic w-as:te Dis=pesal Re4Y«i9R OnllnaneeSolid Waste. R,ecyd!na,and Qn:anJcWaste
AA ordiuaAse creat ing Ghaf~f,!f' 8.6~ er d-ie l',odei'!"iell nu1:irip.1I Cede-. r!!la1l11 g t e the ~~~+li~~
The City Council of the City of Anderson ordains as follows:

Cbapt;:r s,6S is bereby repealed in !t, entirety and replaced wjth !be:
~ ;Qapte,8,6S is oo~~llaws: Mandat-ory Orga1de 'Naste Dlspesal Reduction.

Chapter 8,65~ Sol kl. W.Utr.Jw:l!s;:I 11111. and Orea n le waste

8.65.010

8.65.020

8.65.030
8,65.040
Title
Purpose and Findings
Definitions
ReQuiremems for Solid Waste Be;cydi ng and Pn:anic Waste Disposal

8.65.04-G0S0 Requirements for Single Family Generators

8.65.%-0QQQ Requirements for Commercial Businesses

8.65.QWUZQ Waivers for Generators

8.65.~Qfill Requirements for Commercial Edible Food Generators

8.65.000Q.2..Q. Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies

8.65.0-90.lfil!. Requirements for Haulers and Facility Operators

8.6§. 101)

8.65.110

8.65.120

8.65.130

8.65.140

8.65.150
Compliance with CalGreen Recycling Requirements
Model Water Efficient Landscaping Ordinance Requirements Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors
Inspections and Investigations by Jurisdiction
Enforcement
( Formatted: Indent: Arst line: O"
64 8.65.160 Effective Date

8.65.010 TITLE.

This Chapter may be cited as :ililld Waste,Recydio:i: an<l Qr;anic Waste;lhe MaF1tlateff-Grga11~c •,.vas1e 01sr,asal ReEl1;1'3tiel'I Ordinance.

8.65.020 PURPOSE AND FINDINGS
The City of Anderson finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 ofDivision 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Cal Recycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, 65 Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

8.65.030 DEFINITIONS
(a) "Blue Containerw has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. ~ "-8ffl"ffl Wfltftfflt'f~ -~r-&wttfllflliliflff ~HJral-1-tJ~~f !MM·~1d,roUtt«-ofSettl'€~tiH!f>~
(c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing. implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). (d) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR ( e.g., "14 CCR" refers to Title 14 of CCR). (e) "Commercial Business• or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(t) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982{a)(73) and {a}(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(g) "Compliance Review" means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.
(h) •community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time 66 does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855{a)( 4); or. as otherwise defined by 14 CCR Section 18982(a)(8). (i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4). which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(j) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C).
(k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(SS).
(1) "C&D" means construction and demolition debris.
(m) "Designated Source Separated Organic Waste Facility", as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one of the following:
(1) The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after fanuary 1, 2025 as calculated pursuant to 14 CCR Section 18815.S(f) for Organic Waste received from the Source Separated Organic Waste collection stream. (A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility". (2) The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.S.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
67 (n) "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(o) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982{a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (p) "Enforcement Action~ means an action of the Jurisdiction to address non-compliance with this ordinance including. but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would. as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions. waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions. waste that in Jurisdictions, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de rninimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing. recycling. treatment. and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and latex paint when such materials are defined as allowable materials for collection through the Jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services
(r) "Food Distributor" means a company that distributes food to entities including. but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(s) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
68 (t) "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(u) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR. Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
(v) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(w) "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(x) "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(y) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid. such as. but not limited to. compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(z) "Food Waste" means Food Scraps and Food-Soiled Paper. 69 (aa) "Gray Containerw has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (bb) "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three or three-plus container Organic Waste collection service that prohibits the placement ofOrganic Waste in the Gray Container as specified in 14 CCR Sections 18984.l(a) and (b),.oras otherwise defined in 14CCRSection 17402(a)(6.S). (cc) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a){29) and shall be used for the purpose of storage and collection of S4nu•€e-4ie~ra.lt'd-{;.,_ ~Kaiftff>Organic Waste.
(dd) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(ee) "Hauler Route'' means the designated itinerary or sequence of stops for each segment of the Jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(ff) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of SO percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.S(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402{a)(ll.5); or, as otherwise defined in 14 CCR Section 18982(a){33).
(gg) "Inspection" means a site visit where a Jurisdiction or Regional Agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
(hh) "Jurisdiction" means City of Anderson.
(ii) "Jurisdiction Enforcement Official" means City Manager or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. (ii) "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for 70 an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. (kk) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a){39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (11) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)( 40). (mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (SJ or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(nn) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(oo) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a){41).
(pp) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a){42):
(1) Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
(2) Facilities operated by the State Park system located within the boundaries of the Jurisdiction.
(3) Public universities (including community colleges) located within the boundaries of the Jurisdiction.
(4) County fairgrounds located within the boundaries of the lurisdiction. 71 (S) State agencies located within the boundaries of the Jurisdiction. (qq) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(rr) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(4S) or further explained in 14 CCR Section 18995.4. (ss) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982{a).
(tt) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (uu) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(Sl). (vv) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a){54). {ww) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(xx) "Recovered Organic Waste Products" means products made from California, landfill· diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (yy) "Recovery" means any activity or process described in 14 CCR Section 18983.l(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
72 (zz) "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982{a)(61).
(aaa) "Regional Agency" means regional agency as defined in Public Resources Code Section 40181.
{bbb) "Regional Enforcement Official" means a regional or county agency enforcement official. designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official { ccc) "Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, 8F0'llR C0RtaiRers1 Green Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
( ddd) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982{a){62).
( eee) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982{a)(64).
(fff) "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982{a)(65).
(ggg) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730. 7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 ( commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (hhh) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (iii) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)( 66 ). Backhaul means generating and transporting Organic Waste to a destination owned and 73 operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66){A). (jjj) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(kkk) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof. discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter B (commencing with Section 114960) of Part 9 ofDivision 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 ( commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. {Ill) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
(mmm) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a){ 43), or as otherwise defined by Section 17402(a)(18.7). 74 ~1n1~ "Seu!'OS&fMIFIUoe 8RJ"\ln Gentait1tff.Ql'@~W...6te• mt1ans Sew«~- Sep;lfoftle& Qrg,an-i€ ~-imited~at-e.a~n C,entaln-peeifi~II~
i1Headea fer ~he seflarate eaUection~fOrganie Waste hy ~he-G!H~ (ooo) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, [email protected]&W-11-~nt.lineF-OrganiH~ carpets, Non-Compostable Paper, and textiles.
(ppp) "Source Separated Recyclable MateriaJsw means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (qqq) "State" means the State of California.
(rrr) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. or as otherwise defined in 14 CCR Section 18982(a)(71).
(sss) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
{l) Supermarket.
{2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) ofTier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(ttt) "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. 75 (4) Large Venue.
(5) Large Event.
( 6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
{7) A Local Education Agency facility with an on-site Food Facility.

If the definition in 14 CCR Section 18982(a){74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982{a)(74) shall apply to this ordinance.
(uuu) "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 18982(a){75).
(vvv) "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).

8.65.040 REQUIREMENTS FOR SOUD WASTE. RECYCLING, AND ORGAt'IIC,WASTE

DISPOSAL
(ii) Every person la possession. chat11e, or control of any slnele-famUy dwellini:, multi· family dwelllng,. or..cwnmen:(al premjses shaH eosm:e that arraoi:eweots ue made to properly dispose or tbe solid was-rn. ruyd in g. and oceanic waitte created, produced. or aCC11mwat.ed on the premises through rnaj ota io ing a mandatocy s III hscription wr ~ mste c:onectlon ~ervlces from the city's ¢Xclusive fr:ancbbse hauler and. where.n,eanlssible, sel(•b,ullioi: and/or suhcont;ractm~.s,ervices
(b) No person except the cUl': oc ao illllbw:i~til wnector shall cone-ct or transport solid waste or provide s,olld waste ser11ices, wu:hLn the cit)' unless specjficaUy ,mthorjzed by the tit>', with the followin~ exceptions:
(1) coHectjon, transfer baodlini: and d ispQ£al of hazardous waste; (Z) Ibe removal arulJ:c,1uSJ}Jlllali.oo ofwa§;te ve~tatjon derived fi9m land sc:api DI! activities or con!:t ruction and demolition debris by the owner or occupant of ihe..ito.AArtx from which the material is decived or by persons; lin;ued to do !a.odscilpiue, tree trtmmlna or C&D bus1ness in the cl!Y and prov!dini: servlce to the owner or occupant of the P£OVU!X fcQm Xibi.l;b the mated itl iuh:ciffik
{ Formatted: Indent: first line: 0.5"
76 (3) Collection. transport, dtsposal or recydioi ofliuer by an individual or voluntw: 11rouJl of individuals:
(4) comrounit;i or oelghlwcbood cJe:an-up ac;tiyllies opgrated in ooopeyatlon wlth the city or an authorlzce<I person:
(S) qzy crews coJlec:ting, iraosporting. disposJ.ng or recyd1ng and m1mPPrt:lDi solid waste to a transfer station. proces;sine facility, land fi II. or material recovery facility.

REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family ~ Waste Generators shall comply with the following requirements:
(a) Shall subsc[lhe to lurtsdiction's three rontainer service and comply wuh requirement~ of thp~e services as described below In 8.6$.0S0(b) and (c). (.bl__Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4(b}J. h11isdielio11 shall h,we the nght f&.~eww-4b@ .. fKtM+Hf'-aB~-si'c-f+geAf'f.tt-6t"'~-t.tllN,ii~ ~~~ ef i;a,pa,~HH!GWll--Jf~ea<;n...Wf>@--{lf'-ffitt@ctjo11 sen•ice KIi' ~roper separation of mate,ials anEl eo,ira1ome11l efmateri<1ls; aoa,Siogle film Uy gei~eratefS shall atlJ~st its r;e.p,•i@e le¥el le, il6 1.mlle~11 6enr.ii;es as reqye,s;tecl ltf tlle-fYf~~ Single-Family Organic Waste Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/ or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (bt.) Shall participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in coll~ tion containers, (1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Se parated Recyclable Materials in the Blue Container; &o¼wee-Seriarated Brow!l CentaiAer Org,aflie \1/a!lte-tfl lhe Brown Centa,,ier. and Gray Container Waste in the Gray Container. Single-Family Organic Waste Generator shall not place materials designated for the 8.-01..,n Contai neri:.

Green Containers or Blue Containers in the Gray Containers.

8.65.0W060 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction's threeWUrcontainer service and comply with requirements of those services as described below in 8.65.0S0(b). Jurisd icti011 stull lla11e the right t-0 n.;,/le,,.,. the 1wmbet,md~e ofa gene..ator·s co1ltafners ,:mEI fre(tU~c,· ofcoUectioa • io-ed fel' each ty jie ef eeHetitlo11 ser>1iee fer
77 Bti6tne65H sltall--adju!iot 1tleiT S111"¥i~~e ... el fer &heiHelle(;lle II Geni €es as-n.,q1H<!S"1.l liy the-j-u~fl,
(b) Participate in the furisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below. {1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; ~9UFCe Separated Bnwm Centa!Aer OrgaRic Waste in the Brewn Ceatai-, and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the 8rnWR GeRlaine.-~ Green Containers or Blue Containers in the Gray Containers.
{c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(l) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container. ~ff7-Green Container, and Gray Container collection service.
(d} Excluding Multi-Family Residential Dwellings, provide containers for the collection of Sm1ree Sefl~rateii lfrewA CeAtaiAer Orga1\ie Wa5te, Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms.

If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to fanuary 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1. 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
78 (e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b) inside the dwelling u nits.
(f) To the extent practical through education, training. Inspection, and/ or other measures, excluding Multi-Family Residential Dwellings, prohibit employees, contractors, tenants, and customers from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, D-r-0WA Geil4.l~Container, and Gray Container collection service. (g) Excluding Multi-Family Residential Dwellings, quarterly inspect Blue Containers, IM'ew~.ttfiff~ reen Containers, and Gray Containers for contamination and inform employees, contractors, tenants, and customers if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9{b){3), Records of inspections shall be made available upon request by the Jurisdiction or Regional Agency. {h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of bSeflara1e.,! Bro',IIA. G01Uo1iAer Org;1Ai~le;- Source Separated Green Container Organic waste and Source Separated Recyclable Materials. (i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep S01;1ree Seflarated !Jww~m,ail!H!tcOi-~Source Separated Green Material Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with 8.65.150 of this ordinance to confirm compliance with the requirements of this ordinance.
(k) Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with

8.65.0SO(b ).
(I) At Commercial Business's option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Brawn CantalneFS, Green Containers and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Bl'0•, 1n ~ 1HaiRel"S. Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee, or the Regional Agency.
79 ~I Bwsim1S& selr howls ~oli4 Wa&te-i-n o£ess of lhe sa~asity it has ·~gh the I llrjsaic~c--Wu&t@-rnJk.€tieR '5@P,.,ice, ~ ~l--tft~J:- HalAft'~u1-rements h1 8.€is.1gg eft~is enll»a1u:e.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9( c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 8.65.070.

8.65.~070 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction or Regional Agency may waive a Commercial Business' obligation {including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in 8.65.060(a)(2) below. Commercial Businesses requesting a de minim is waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.65.060(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container. Rre11•n cenla~Per or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or,
(BJ The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container. llr£1'.'JR (01.na~Rl!F or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.
(3) Notify Jurisdiction if circumstances change such that Commercial Business' Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minim is waiver.
(b) Physical Space Waivers: A Jurisdiction or Regional Agency may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic 80 Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of8.65.~0S0 or 8.65.QW060.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers, Bro•.-,,A CeAtainers and/ or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.
( c) Collection Frequency Waiver: Jurisdiction or Regional Agency. at its discretion and in accordance with 14 CCR Section 18984.ll(a)(3). may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Jurisdiction's threefEH¼F-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both, once every fourteen days, rather than once per week. A collection frequency waiver may be requested by submitting an application to arrange for collection every fourteen days.

A Commercial Business or property owner may request a collection frequency waiver through the following process:
(1) Submit an application form specifying the type(sJ of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the Blue Container, Gray Container, or both, does not contain putrescible waste.
(3) Provide written verification to Jurisdiction that it is still eligible for collection frequency waiver every five years, if Jurisdiction has approved application for a collection frequency waiver ..

8.65.070.illill. REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of Section 8.65.070 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
81 (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maxi mum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow Jurisdiction's designated enforcement entity or Regional Agency to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. {iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
82 (6) No later than March 1 of each year commencing no later than 2023 for Tier One Commercial Edible Food Generators and 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Regional Agency that includes all information listed above in 8.65.070(c)(S). (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.65.G8GQ.2.Q. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND SERVICES,

AND JURISDICTION
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(a)(l):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
83 (3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. {c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Regional Agency the total pounds ofEdible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuantto 14 CCR Section 18991.3(b) no laterthan March 1. (d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Ori:anizations In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Jurisdiction or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction and Regional Agency, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction or Regional Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction or Regional Agency.

8.65.0-90100 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (a) Requirements for Haulers
(1) Exclusive franchised haulers providing residential. Commercial. or industrial Organic Waste collection services to generators within the Jurisdiction's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorii ation with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before October 1 for the following calendar year, exclusive franchise haulers must identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, S&itFff ~epill'\ited B~wl'I Gal'llail'lef (lrganir "Na~e-and Source Separated Green Container Organic Waste. At its discretion, the Jurisdiction may direct the exclusive franchise haulers to use certain facilities. If the Jurisdiction chooses to exercise this right, the exclusive franchise haulers shall follow the Jurisdiction's direction and provide alternative facilities that may be used in the event the selected facilities are temporarily or permanently rejecting Solid Waste.
84 (B) Transport Source Separated Recyclable Materials--ifilt Source Separated Green Container Organic Waste ~ource Sepaf;3te(f BMWR ~a~iMt>-G~ ~ to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1. 9.44.1 Hl efor as otherwise required by this ordinance.
(2) Exclusive franchise haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Jurisdiction, (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Jurisdiction shall respond within 60 days. {2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning. including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.

ReijYiN111en~ f&r -4it>lf Haulerstlie!Hw!ltfle:ftff: ~ :Offlbi.!»tffl: ::mtbiD: :!ffld:ttftstlkiifflb Geltewoo b,· the ht-fffiWSioet!i e:filusi11e: fraMbtH::llittt1e:Pi§ man~ {it}- ~,~~ ~ -&e~le--al-1- Se1;1~e Sepantted- Re-eyaable-Mat:erials--aoo ~~\taste-{matet·ia Is that lltriMik~~-t-et:s-t~
far eolle£t'IOl'I In lhe Juris1;Hct101fs eFganies aAd reeyding sallecHoA program) ~i4e,-,w-1M11 So~shmt-w,ifu14 CCR~
~U-l--alHI-IM84,2.-0r sha II ha Ill O1•g,mi~~a-WglH)i-k>11--(wgani~te PR3eessh1g Faahty as spedfied IA 14 GCR Seetlan 18984.3. (b) 'i,@lf }fa-u~-4all-hauhhelr S4'n1.r~e Se~.al'~t'€-)'el~e-ria~~ 1"eeo•Jers these 1'Aatef4al~; and ha11I rheir Sa111=ee Sel'IOll'ateEI 8rown (;a!'lta1ner and 85 &euFCe S@l}aRted Cr~wifii.lF--Gt-~~sle 19 a ~elld-Waste f"aeihty, ape .. ti-oo, ~vi")', Of 11rapeny that proc@§Se5 ar Fl!@m'l!ffi &eur~l!IJtilrn~elt Qftl!IFIK-~ Aftem.llW~lf-1-tlulers may lla\11 Organ It 'fllaste 10 a High f)l ~•@1·slon Orgal'li~ Pfltceossi itg fletitit)',
SelfHaulers t hat are Commerdal lh1sltiesses (inclYding Multi~a-1 Pwalin~h~-Gfd ohhe ,uMnrnt ofOrganlcW:as:te deli•1ered to each Salid Wast@ facili~-&peratioo. ~Mlf,.-Of' 1>rn~ellf-that--v-11sses or i'e~~ \Vast€; Otis re!SoHI shall be s1;1.bjert te IH.~~ertion by the l~r4sdielian.The re€or4s ,;tiaU KlC~d@ t;he renewill~~~
~ d'.fhe 1111,01H1I efmat<lrial in ooekii'tH'6S er h1m-ffilns~erted by--the--geRefa~-W earn entify.

IHIIO Jl'Wil@fial :s lf~l~ thin tloes flOl ha~l&&-(m~,;e.,.t)t' l!Fflfl~s S€iil1!5 ineapable of 'NeighiH~S@H HauleF':. •rehiclt> n il maimer mat-allows h to Elecern1rne ttie welgllt or mateAals recelt,,eEI. the Self Matiier is nat required t~ t'@(lflfil lhe weight @f.-malerill+ eut~H--Me~d-ef-the @Ali ti er. 11\at recei<Jet=I the Org:u1 [c Waste.
{d) hlr Hai.der!i thElt aFt>--w-1t1ffttlF<'.t~es~11s (iflffvdtttg-M-ttltl-f-amlly-~lf Ha,;1le~ sllall 1n·oy~!le iRfom~atloR call@eted in Seet+on it~-~ Ageney ifreques1etl.
{@l /', F@shlential Orgaiti~Vaste GeAerator· that-MlUrnik-Ot=g.ailk-Waste-~~ le recanl er rej:'lort iRf.ermatien hi Sectiel'l 8.6S.HHl(€) aria (El}.

8.65.110 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements ofCALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.

Project applicants shall refer to f urisdiction's Building Department for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction's permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue 86 Container~-and Green Container materials, consistent with the ~feuF-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1. 4.410.2, 5.408.1, and

5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container. lilNWf'I Cer.!aiAer and Green Container materials, consistent with the ~feuF-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2,

5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

8.65.120 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a){3)(B), (C), {D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in Section 8.65.120.
(b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. { c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.65.120(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
87 (A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
{B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
{2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 9.H.12ll8.6S.120(a) shall consult the full MWELO for all requirements.
( d) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

8.65.130 PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS,

8.65.140 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION AND REGIONAL AGENCY
88 (a) Jurisdiction, and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otheiwise, of any collection container, collection vehicle loads, or transfer, processing. or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self Ha11lcrs, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Jurisdiction to enter the interior of a private residential property or areas other than those areas accessed during regular collection service for Inspection. (b) Organic Waste Generator shall provide or arrange for access during all Inspections and shall cooperate with the Jurisdiction's or Regional Agency's employee or its designated entity /Design cc during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described. ( c) Any records obtained by a Jurisdiction or Regional Agency during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 ct seq.
(d) Jurisdiction and Regional Agency representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance. subject to applicable laws. (e) Jurisdiction or Regional Agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.65.150 ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance include issuance of an administrative citation(s) and assessment of a fine(s). The Jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otheiwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in 89 the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
{l) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, or their designated entity, legal counsel. or combination thereof.
{2) Enforcement recommendations may be made by a Regional Enforcement Official, in consultation with Jurisdiction Enforcement Official. (A) Regional Enforcement Official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; recommend Enforcement Actions; and, determine if compliance standards are met. (B) Jurisdiction Enforcement Official(s) will issue Notices ofViolation{s). (d) Process for Enforcement
(1) Regional Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section

8.65.140 establishes Jurisdiction's and Regional Agency's right to conduct Inspections and investigations.
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) Jurisdiction shall issue a Notice of Violation within 60 days of the violation, requiring compliance within 60 days of issuance of the notice. (4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's requirements.

Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations
90 The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 for SingleFamily Generators and shall be $100 per violation for Commercial Businesses. (2) For a second violation, the amount of the base penalty shall be $100 for SingleFamily Generators and shall be $200 per violation for Commercial Businesses. (3) For a third or subsequent violation, the amount of the base penalty shall be $250 for Single-Family Generators and shall be $500 per violation for Commercial Businesses.
(f) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.65.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. {g) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction's procedures in the Jurisdiction's codes for appeals of administrative citations.

Evidence may be presented at the hearing. The Jurisdiction wtll appoint a hearing officer who shall conduct the hearing and issue a final written order.

I.Mi~-fflf" ~he re(lui remt-~-&>NiEIHS 8.6GAJ4 0 ami Q, 6 Ii, ~Or~ i+uliDg-1 BR uary-4, U2-l--ao~ugh~1-beF-l-J., -lO~gie-naJ-Ageo ey ,...,1~~~~i~ R~-'M-le11~ ew~~pliut1'4! ReVff!w&, ll e1umdh1g ltfHm Ille tyfl@ ef regulated entity, te deteroiioe eem~liaP.€.e. ,UHi if lh@ J11ri~Elicli0n determine~ that Organie 'l+faste Ge,~eral&f', Self Ha~ler, hattki; :i:ier OH11 <iemtftfft't~~ Ge-n~~d Rece•.'ery Qrgank.-al-ion, F'eoel Reea,..ery Sef\ljee, or ot~er eAtity 15 ne+i n rumt1llant>e, It shal,J..p~~ti~ttooal mateni\Js ~~,tit~ 91 obligatioAs 111:u;l~Ms ordin,[email protected]~e@ lilat rn111pli1mee is r@q11~~ ~2. amt 1hat ·.-iolaii&AYfflil:y~b;eEt--l·&-..ernhiistrcaUve El.Vil peRalt-i~ng Ofl-Jarntary 1, 29l4 ,
(i) Civil Penalties for Non-Compliance
8eghu1lng lanu;1r~• L W24, iAf the Jurisdiction determines that an Organic Waste Generator~~. hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.65.150, as needed. '.R1~fli.1ttH1ff'-Sffilt~ea~ml'lh'ACIAg oA ~~ t 2022 Of' ~O Jays afl:er adol)tion. w1lii'hew!fl is i111e~.

PA&s:~~~ti-Ag-of 1hr Git,- Gom1dl afU,e Cily 6f-At1ilerse11, :iute 0f Ca lif-on:1ia,- this of -----t-9-wil-l
ABSTAl~l:
92 AGENDA ITEM
December 2, 2025, City Council Meeting
To:

From:

Honorable Mayor and Members of the Anderson City Council Darin Hale, Councilmember
Date: December 2, 2025

I SUBJECT
Chapter 8.65 of the Anderson Municipal Code Ad Hoc Committee

I RECOMMENDATION
Discuss and select two members of the Council to form an Ad Hoc Committee. !FISCAL IMPACT
None
I DISCUSSION and BACKGROUND
During Item 11.0 - Council Reports/Comments at the November 18, 2025 meeting, Councilmember Hale raised the topic of having a discussion to form an Ad Hoc Committee to work through the edits of Chapter 8.65 of the Anderson Municipal Code regulating solid waste, recycling, and organic waste within the City of Anderson.

An Ad Hoc Committee must be temporary in nature, has no decision-making authority, and can only consist of two (2) Councilmembers.

ITEM 8.1b PAGE1 12/2/2025
93 AGENDA ITEM
!December 2, 2025, City Council Meeting!
To:

Through:

From:

Date:
!SUBJECT
Members of the Anderson City Council
Joey Forseth-Deshais, City Manager
Darin Hale, Councilmember
December 2, 2025
Local Youth Engagement in City Government
l RECOMMENDATION
d for Submittal By:

Discuss how to get local high school students involved in City government.

I FISCAL IMPACT
The recommended actions have no fiscal impacts.

I DISCUSSION and BACKGROUND
During Item 11.0 - Council Reports/Comments at the November 18, 2025 meeting, Councilmember Hale raised the topic of having a discussion on how to further engage our local high school students in government through the City Council. This included the potential to have students mentored by City Councilmembers in reviewing agendas, discussing the decisions City Council make and during certain times having these students participate in City Council meetings.

ITEM 8.1c PAGE1 12/2/2025
94 AGENDA ITEM
!December 2, 2025, City Council Meetin~
Approved for Submittal By:

To:

Through:

From:

Date:

I SUBJECT
s
Members of the Anderson City Council
Joey Forseth-Deshais, City Manager
Susie Baugh, Mayor
December 2, 2025
Support of Assembly Bill 762 - Banning Single Use Vapes

I RECOMMENDATION
Discuss Assembly Bill 762 and sending a letter of support.

I FISCAL IMPACT
The recommended actions have no fiscal impacts.

I DISCUSSION and BACKGROUND
Manager
During Item 11.0 - Council Reports/Comments at the November 18, 2025 meeting, Mayor Baugh raised the topic of having a discussion to support AB 762, banning the sale of single use vapes. A draft letter of support is attached, if the Council wishes to advocate for AB 762.

I ATTACHMENTS
Draft Letter of Support AB 762
ITEM 8.1d PAGE1 12/2/2025
95 November 25, 2025
The Honorable Damon Connolly, Chair
Assembly Environmental Safety and Toxic Materials
1020 N Street, Room 171 Sacramento, CA 95814
RE: Support for AB 762 (Irwin and Wilson) - Ban on Disposable Vapes- COALITION

SUPPORT
Dear Assemblymember Connolly,
On behalf of the Cit of Anderson, we write in strong support of AB 762 (Irwin and Wilson), which seeks to ban the sale of single•use disposable vaporizer products in California. This critical legislation addresses the alarming environmental, safety, and public health risks posed by these hazardous products, protecting our communities, waste infrastructure, and natural ecosystems from their destructive impact.

Single-use vapes contain embedded lithium-ion batteries, making them not only an unsustainable source of electronic waste but also a significant fire hazard. When improperly discarded-as is often the case-these devices ignite fires in garbage cans, collection trucks, and material recovery facilities (MRFs). These lithium-ion battery fires can reach temperatures of up to 1200°C-equivalent to a welding torch-causing rapid and uncontrollable blazes. The U.K. has already linked disposable vape waste to a staggering 77% increase in waste facility fires over the last year alone. California waste and recycling operators are facing a similar crisis, with escalating fire risks and increased costs in managing this hazardous waste.

Beyond safety concerns, single-use vapes contribute to an egregious waste of valuable resources. The lithium discarded in these devices annually could otherwise power over 2,600 electric vehicles, underscoring the reckless depletion of critical materials. Additionally, the mining and manufacturing of lithium and cobalt-key components of vape batteriesexacerbate environmental degradation and perpetuate environmental justice issues in vulnerable communities.

City Council
1887 Howard Street
Anderson, CA 96007
www .ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
96 Disposable vapes are rapidly becoming a dominant form of electronic litter, contaminating highways, parks, and beaches. The Marine Conservation Society reports that these products are now routinely found along coastlines, where they pose an immediate threat to marine life. Unlike cigarette butts, which take up to ten years to degrade, single-use vapes introduce long-lasting toxic pollutants into ecosystems, including residual nicotine, lead, and mercury, which can leach into soil and waterways.

The vast majority of consumers-72%-are unaware that these devices cannot be disposed of in standard recycling or garbage streams. The absence of a standardized, effective collection and recycling process means that single-use vapes are, in reality, unmanageable toxic waste. The current status quo places the burden on local governments and waste management operators, forcing them to treat these hazardous materials at exorbitant costs.

Disposable vapes have driven a troubling surge in youth nicotine addiction. According to recent CDC data, 14.1 % of high school students and 3.3% of middle school students report using e-cigarettes, with a staggering 57.2% of high school users and 45.8% of middle school users favoring disposable vape products. Over 84.8% of teen users report using flavored vapes, including fruit, candy, and menthol varieties, further entrenching nicotine dependence.

Emerging research reveals that disposable vapes expose users to heightened levels of volatile organic compounds (VOCs) and toxic metals such as nickel, cadmium, mercury, and chromium-compounds linked to increased risks of cancer, cardiopulmonary disease, and neurological disorders. This growing body of evidence underscores the urgent need for intervention to protect public health, particularly among vulnerable youth populations.

California has long been a leader in environmental protection and consumer safety, and this bill aligns with global momentum to eliminate single-use disposable vapes. Countries including the U.K., France, Belgium, New Zealand, and Vietnam have already taken decisive action against these products, recognizing the irreversible harm they cause. California must act now to prevent further environmental degradation, public health crises, and economic burdens associated with their unregulated disposal.

For the sake of our environment, public health, and waste infrastructure, we urge you to support AB 762 and move it forward in the legislative process. We appreciate your leadership in tackling this urgent issue and stand ready to support efforts to pass this critical bill.

Sincerely,
Susie Baugh, Mayor
City of Anderson
City Council
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
97 AGENDA ITEM
!December 2, 2025, City Council Meetin~
d for Submittal By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Oliver Collins, Chief of Police
Date: December 2, 2025

I SUBJECT
Tobacco Grant Award from the California Department of Justice (DOJ), in the amount of $37,412 for FY25/26.

I RECOMMENDATION
The Chief of Police recommends that the City Council:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Approve the requested resolution to accept the grant award funding from the California Department of Justice (DOJ), in the amount of $37,412.

I FISCAL IMPACT
This is a reimbursement-based grant with no net fiscal impact to the City of Anderson. The City will initially cover eligible expenses-such as police department overtime, equipment, training, and educational materials-which will be reimbursed on a quarterly basis by the State.

The grant period runs from July 1, 2025, through June 30, 2026. All initial costs will be funded through the City's FY25/26 budget and are expected to be reimbursed within the same fiscal year. No matching funds are required, as this is a fully funded grant.

Police Department staff will be responsible for grant administration, including oversight of operations, scheduling of overtime, and completion of quarterly reports. These duties will ITEM 8.8 PAGE1 12/2/2025
98 be absorbed within existing staff workload and will not require additional staffing or resources.

I DISCUSSION and BACKGROUND
The Anderson Police Department (APD) serves a diverse community of approximately

11.300 residents, including a youth population at elevated risk for tobacco exposure and access. APD's jurisdiction includes 22 tobacco retailers, with nearly 45.5% located within 1,000 feet of schools, increasing the importance of focused enforcement and retailer engagement.

In response to statewide concerns regarding youth tobacco access-particularly flavored tobacco products and illegal sales to minors-APD applied for the California DOJ Proposition 56 Tobacco Grant Program for FY 2025- 26. The goal of this program is to provide law enforcement agencies with resources to conduct targeted retailer compliance checks, minor decoy and shoulder-tap operations, and retailer training consistent with state law.

APD has been awarded $37,412, reflecting the full amount requested.

The DOJ Summary of Award outlines the specific activities approved for funding, which are incorporated into the scope of work for this staff report.

Grant Application Submission:

In May 2025, the Anderson Police Department submitted a grant application for funding through the State of California, Department of Justice. This grant is specifically designed for enforcement and retailer education activities designed to reduce youth access to tobacco products
As part of the grant process, a formal resolution from the Anderson City Council is required. The resolution will authorize the City to enter into a grant agreement with DOJ and accept the awarded funding, either in full or in part.

Proposed Use of Grant Funds:

If awarded, the grant will provide funding for enforcement and retailer education activities designed to reduce youth access to tobacco products and strengthen proactive enforcement efforts. The Anderson Police Department has identified the listed goals/objectives for this grant:

1. Identify and target problematic retailers, based on proximity to schools, complaints, and past violations.

2. Develop and implement retailer education, including training covering sales laws, flavor restrictions, and youth access prevention. Retailers will receive a compliance toolkit with ID check guides, signage, and other relevant materials. APO will conduct routine site visits to reinforce education and voluntary compliance.

3. Creation of a voluntary pledge program that will recognize retailers who go above legal requirements; efforts will be tracked to improve effectiveness and promote retailer accountability.

ITEM 8.8 PAGE2 12/2/2025
99 4. Conduct at least 5 minor decoy operations, including follow-up inspections.

5. Conduct at least S "Shoulder Tap" operations, including follow-up inspections.

6. 4 officers will attend DOJ-approved officer education for enforcement within the first quarter of the grant. This training will be used to educate our other officers and engage directly with local tobacco retailers.

7. Perform proactive tobacco-related enforcement activities during special events or holidays. (On dates such as: Christmas in Anderson, New Years Eve, Superbowl Sunday, St. Patrick's Day, Spring Break, etc).

8. Schedule and coordinate inspections of 44 retailers to target sales to minors, illegal flavored tobacco sales, license display and signage, and packaging and pricing violations.

9. Inform citizens in our community about this project and give periodic updates on the status and accomplishments of the project.

10. Issue press / social media releases regarding the grant and/or the activities conducted under the grant after every enforcement operation. With DOJ approval we will conduct at least 1 ride along with a member of local media to highlight our efforts during a shoulder tap operation.

11. Conduct additional operations when specific concerns regarding tobacco licensed establishments are identified.

12. Provide youth education opportunities to the community.

All requested equipment and resources align with the following Department core focus areas:
• Retailer Education and Compliance
• Community Engagement
• Community Education
• Proactive Enforcement
• Officer Safety
• Reducing the likelihood of youth accessing tobacco
Conclusion:

The DOJ Tobacco Grant Program provides critical support for the Anderson Police Department's efforts to reduce youth access to tobacco products through enforcement, education, and retailer compliance initiatives. Acceptance of this award will strengthen APD's ability to address violations, improve retailer accountability, and contribute to a safer and healthier community.

City staff recommends approval of the attached resolution authorizing acceptance of the $37,412 grant award and authorize the City Manager to approve/sign the memorandum of understanding with DOJ for the grant.

I ATTACHMENT

1. Resolution

2. DOJ Summary of Award
ITEM 8.8 PAGE3 12/2/2025
100
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON

ALLOCATION AND USE OF CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT FUNDING FOR FY25/26
WHEREAS, in May 2025, the Police Department applied for a grant through the California Department of Justice Tobacco Grant Program, funded by Proposition 56, for enforcement and retailer education designed to reduce youth access to tobacco products, in the amount of $37,412; and
WHEREAS, On November 19, 2025, the Department was notified that the grant was funded for $37,412 and that the funding supports essential resources aimed at conducting ·retailer compliance inspections, minor decoy and shoulder tap operations, retailer education, officer training, and proactive enforcement efforts; and WHEREAS, This is a reimbursement-based grant with no net fiscal impact to the City of Anderson where the City will initially cover eligible expenses-such as enforcement operations, mileage/fuel, training, and approved equipment- which will be reimbursed quarterly by the State consistent with DOJ grant requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anderson hereby approve the requested resolution authorizing the City Manager to sign the memorandum of understanding agreement and accept the grant funding of $37,412 from the California Department of Justice Tobacco Grant Program.

PASSED AND ADOPTED by the City Council of the City of Anderson this 2nd day of December 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Susie Baugh, Mayor
ATTEST:

Christy White, City Clerk
101
Tobacco Grant Program

GRANT SERVICES BRANCH - LOCAL ASSISTANCE

DIVISION OF OPERATIONS

TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2025-26-1-006
ANDERSON, CITY Of
This Summary of Award document will be used by the Tobacco Grant Program when determining whether an activity or expense claimed was approved for funding and is reimbursable. Activities other than those presented here may not be reimbursable. A Grant Modification may be necessary for material deviations. Please consult with your Grant Program Officer before engaging in any activity beyond this scope or if you have questions about the scope of the activities and budget allowability.

By signing the Memorandum of Understanding, your agency agrees to the commitments outlined below and this document becomes part of the Grant Agreement.

AWARD SUMMARY
Award Amount: $37,412
Removed from Award: None
Other Changes or Stipulations:

Requested Amount: $37,412
Reduced Line Items: None

IMPORTANT PROVISIONS FOR ALL GRANTEES
f. Enforcement Activities
a. Authorized - If enforcement activities were proposed, only activities that target retailers for illegal sales/marketing of tobacco products were approved. It is expected that the flavor ban will be enforced within one or more enforcement activities. b. Unauthorized - Community or school patrols, or other enforcement actions related to tobacco use and possession, are not permitted.

II. Educational Activities
a. Authorized - Retailer and/or officer educational activities on tobacco laws and ordinances, if included, are authorized as noted below. b. Unauthorized - School or community education efforts, including media campaigns, are not permitted as part of this award. All educational efforts should be directed to retailers and/or officers.

Ill. Removed Personnel or Other Items
11/19/2025 Page 1 of 4
102
a. If specific personnel or other items were removed and not funded, they cannot be reinstated during the grant term.

IV. Reduced Line Items
a. If a specific line item was reduced, the intention was to not fully fund it or the activities it represents.

V, Mileage/Fuel
a. Budgets that include mileage or fuel were amended to include both together in one line item for flexibility and the type of backup documentation available. Mileage is limited to the state rate in effect at the time of travel.

VI. Equipment
a. All equipment items must be purchased during the first year of the project as noted on the Budget Detail. Their awarding is intended to support project goals and be used to support grant activities throughout the grant term.

Please reference the Tobacco Grant Program Grantee Handbook for more information regarding allowable costs.

GOALS AND ACTIVITIES
Retail Inspections
• Per year, 44 retailers will be inspected.
• Additional details regarding these inspections:
o The Anderson Police Department (APD), along with the city code compliance officer, will conduct targeted tobacco retailer inspections to reduce youth access and enforce compliance with all state tobacco laws. Inspections will prioritize the 10 retailers near schools. Inspections will target: Sales to minors, Illegal flavored tobacco sates, License display and signage, and Packaging and pricing violations. Trained officers, a compliance staff member, will conduct operations with a sergeant. Repeat violations will lead to citations and potential prosecution. All results will be tracked in a compliance database, along with follow up.

Minor Decoy Operations
• Per year, 5 minor decoy operations will be conducted. • Per year, 25 retailers will be targeted through these operations. • Additional details regarding these operations:
11/19/2025
o The Anderson Police Department will conduct 5 minor decoy operations annually, inspecting at least 5 retailers per operation. Retailers will be selected based on proximity to schools, complaints, and past violations. DOJ-compliant youth decoys will be trained and supervised by sworn officers. Safety protocols include close officer monitoring and pre-operation briefings. Violations will result in eiltations, with first-time offenders referred to education/diversion and repeat violators subject to enforcement.

All outcomes will be tracked, with follow-up inspections conducted within 30-60 days.

Page 2 of 4 ends

103
Shoulder Tap Operations
• Per year, 5 shoulder tap operations will be conducted. • Per year, 25 retailers will be targeted through these operations. • Additional details regarding these operations:
o The Anderson Police Department will conduct 5 shoulder tap operations per year, targeting at least S retailers per operation. DOJ-compliant youth decoys under age 20 will be recruited and trained in legal procedures. Each operation will be staffed by trained officers with a supervisor present. Safety protocols include close monitoring, pre-operation briefings, and immediate officer support. Violations will result in citations, education/diversion for first-time offenders, and prosecution for repeat violators.

Follow-up inspections will occur within 30-60 days.

Undercover Buys - Not Applicable
Retailer Education
• Per year, 20 retailers will receive educational materials. • Per year, 20 retailers will receive on-site education. • Classes ARE NOT part of a diversion program.
• Additional details regarding these retailer education activities:
o The Anderson Police Department in partnership with our City Code Compliance Officer, will implement a proactive retailer education plan to reduce youth access to tobacco.

With 22 retailers - "45.5% within 1,000 feet of schools,"we will visit retailers in the city and provide training covering sales laws, flavor restrictions, and youth access prevention. Each retailer will receive a compliance toolkit with ID check guides, signage, and culturally relevant materials reflecting our diverse population. We'll conduct routine site visits, prioritizing those near schools, to reinforce education and voluntary compliance. Partnering with schools and youth organizations, we'll highlight the realworld impact of youth tobacco exposure. A voluntary pledge program will recognize retailers who go above legal requirements. All efforts will be tracked to improve effectiveness and promote retailer accountability. Our goal is to build awareness, encourage compliance, and reduce youth tobacco access through education and partnership.

Enforcement Officer Education
• Per year, 4 enforcement officers will receive education about tobacco laws and ordinances. • Additional details regarding these officer education activities:
o Our officers, supervisors, and code compliance officer will complete DOJ-approved tobacco awareness and enforcement training within the first quarter of the grant. They will then use this training to educate the rest of the police department and engage directly with local tobacco retailers to promote compliance and awareness of tobacco laws.

Prosecution , - Not Applicable
11/19/2025 Page 3 of 4
104
Task Force - Not Applicable
Other Activities - Not Applicable
PARTNERING AGENCIES - Section Not Applicable
Please notify your Grant Program Officer of any proposed changes to partnering agencies, particularly if they are included within your budget.
11/19/2025 Page 4 of 4
105

AGENDA ITEM
I December 2, 2025, City Council Meeting I
To:

Through:

Honorable Mayor and Members of the Anderson City Council Joey ForsethMDeshais, City Manager
From: Adam Whelen, Public Works Director
Date: December 2, 2025

I SUBJECT
Anderson Park Village Consolidation Project - Amendment 2

I RECOMMENDATION
The Public Works Director recommends that the City Council:

1. Receive a Staff Report;

2. Receive Public Comment;

3. Adopt a resolution authorizing the City Manager to sign a Financial Assistance Application for a financing amendment from the State Water Resources Control Board for construction of the Anderson Park Village Consolidation Project.
!FISCAL IMPACT
The Anderson Park Village Consolidation Project. The Engineer's Estimate was $1,238,000.00 and will be reimbursed by the Drinking Water State Revolving Fund (DWSRF) loan. To obtain approval for construction costs, the City must submit a Final Budget Approval (FBA) Package to the SWRCB. The proposed FBA to be submitted is $3,240,500.00; this includes $1,877,500.00 for construction, $375,500.00 for contingency, and $987,500.00 for soft costs.

The total fiscal impact is estimated to be $3,240,500.00.

ITEM 8.9 PAGE1 12/2/2025
106
I DISCUSSION and BACKGROUND
Pace Engineering and Sacramento State University approached the City of Anderson regarding partnering with Anderson Park Village Apartments to apply for a grant through the Drinking Water State Revolving Fund. Anderson Park Village is the apartment complex at the southwest quadrant of the Bruce Street/Emily Drive intersection. They are on a private well but want to be on municipal water.

The master meter consolidation project includes improvements to a small community public water system on the Anderson Park Village apartment complex property and improvements to the City's Volonte Well. The existing, deteriorating well used by the apartment complex would be abandoned, and the apartment complex would be connected to the City's public water system by installing a +/ -SO-foot waterline from the apartment complex to the City's existing water main on Bruce Street.

The Volonte Well was constructed in 1974 and needs repairs. Improvements to the Volonte Well include removing the existing fence and all above-ground structures on the well site.

The 45-year-old pump will be removed, and the well will be redeveloped. A new +/-300- square foot concrete masonry building and concrete slab will be constructed, a new well pump will be installed, and miscellaneous electrical improvements will be completed. In addition, a new backup emergency generator and perimeter fencing would be installed.

This amendment will focus on extending the amended agreement, D2102061, Amendment 1, with a construction completion date of February 1, 2026, and the final disbursement date of March 1, 2026. This Amendment 2 will extend the construction completion date to June 31, 2027, and the final disbursement date to December 31, 2027.

I ATTACHMENT

1. Resolution

2. Designee Authorization Letter
ITEM 8.9 PAGE2 12/2/2025
107
RESOLUTION NO. 25-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON AUTHORIZING ENTERING

INTO A FUNDING AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD AND

AUTHORIZING AND DESIGNATING A REPRESENTATIVE FOR THE ANDERSON PARK VILLAGE CONSOLIDATION PROJECT.

Whereas, the City of Anderson has submitted an application to the State Water Resources Control Board for funding for the Anderson Park Village Consolidation Project, to consolidate the Anderson Park Village apartment complex and the City of Anderson water system; and Whereas, prior to the State Water Resources Control Board's executing a funding agreement, the City of Anderson is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of Anderson, and to carry out other necessary Project-related activities; Now, therefore, be it resolved and ordered, that the City of Anderson is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project; and
Be it further resolved and ordered, that the City Manager, or designee, is hereby authorized and designated to sign, for and on behalf of the City of Anderson, the funding agreement for the Project and any amendments thereto; and
Be it further resolved and ordered, that the City Manager, or designee, is hereby authorized and designated to represent the City of Anderson in carrying out the City of Anderson's responsibilities under the funding agreement, including certifying invoices and disbursement requests for Project costs on behalf of the City of Anderson and compliance with applicable state and federal laws.

Be it further resolved and ordered, that any and all actions, whether previously or subsequently taken by the City of Anderson, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed.

PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Anderson this 2nd day of December 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Susie Baugh, Mayor
ATTEST:

Christy White, City Clerk
108
December 2, 2025
State Water Resources Control Board
Division of Financial Assistance
Agreement Servicing Section
10011 Street
Sacramento, CA 95814
Re: City of Anderson - Letter of Authorization/Designation for Project No 451001-002C (Project), Agreement No. D2102061 (Agreement)
Ladies and Gentlemen:

Pursuant to Resolution No. 25-xx (the Resolution) of the City of Anderson, I, Joey Forseth-Deshais, City Manager, [email protected], am the authorized individual to execute agreements and amendments, sign claims, etc. I am also authorized to designate additional individuals to exercise the authorities granted to me under the Resolution.

I hereby designate the following individuals by name and title as additional authorized representatives for the purposes of this Project and Agreement as specified below. 181 The following individuals may execute the funding agreement and any amendments:
• Adam Whelen, Public Works Director, [email protected] and 530-378- 6640.
181 The following individuals may certify invoices and disbursement requests:
• Peter Wickenheiser, Deputy Public Works Director,
[email protected] and 530-378-6641.
•
Sincerely,
Joey Forseth-Deshais
City Manager
City Manager's Office
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
109

Anderson City CouncilDecember 2, 2025

Anderson City Council
December 2, 2025