CITY COUNCIL AGENDA
December 16, 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 Agenda 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.
City Council Meeting
December 16, 2025
REGULAR SESSION - 5:30 P.M.
1.0 ROLL CALL - COUNCIL:
Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
2.0 INVOCATION - Pastor Perry Peterson, Crossroads Church, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Council member Bonnie Simmons.
4.0 STUDENT REPORTS
4.3 5.2
a. A representative from the teen center will give an update on current activities. b. Council will recognize Anderson Middle School student Jack Dixon for his outstanding dedication and excellence in mathematics.
PRESENTATIONS - SBDC Director Quintin Gaddy will give a presentation about the Shasta-Cascade SBDC.
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 December 2, 2025.
6.2 WARRANTS - Receive and file warrant 36156 to 36193 in the amount of $620,857.10; Receive and file warrant 36194 to 36232 in the amount of $238,761.07; Receive and file ACH in the amount of $50,610.32
City Council Meeting
December 16, 2025
Page3
6.4 CITY CLERK
6.6 a. Receive and file the 2025 Annual Maddy Act Appointments List. b. Adopt a Resolution establishing annual City holidays and City Hall closure hours for the 2026 calendar year.
c. Adopt a Resolution approving a pay increase effective January 1, 2026, for part-time unrepresented employees to comply with State mandated minimum wage increases and maintain the current difference between positions.
FINANCE DIRECTOR - Annual Report on Development Impact Fees.
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANY) 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.
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 January 6, 2026 (Second Reading); and
4. Direct the City Clerk to read the Ordinance by Title Only.
8.lb ANDERSON MUNICIPAL CODE REVIEW COMMITTEE
RECOMMENDED ACTION:
Discuss and provide potential action to form a permanent Ordinance Review Committee.
City Council Meeting
December 16, 2025
Page4
8.3 CITY MANAGER
SELECTION OF MAYOR AND VICE-MAYOR
RECOMMENDED ACTION:
1. Direct the City Clerk to conduct the Mayor and Vice-Mayor Selection procedures, and
2. Adopt a Resolution confirming the results of the Mayor and Vice-Mayor Selection Process for 2026.
10.0 STAFF REPORTS - City Manager Joey Forseth-Deshais will give an update and seek direction regarding HCD's required changes to Title 17 of the Anderson Municipal Code.
11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetin9s reimbursed at City expense (Requirement of Assembly Bill 1234.)
12.0 Public Comment on Closed Session ltem(s); Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session a9enda 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 LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to§ 54956.9( c): One case C.S.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (§ 54956.8) - Property: 20853 Corner Way, Anderson - Agency Negotiation: City Manager, Joey Forseth-Deshais - Negotiating Parties: City and Owner of Property
- Under Negotiation: Value of Property
The City Council will reconvene to Open Session.
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN· The City Council will a<ljourn to [anua,;y 6, 2026.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
December 2, 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, Finance Director Cindy Wheeler, Public Works Director Adam Whelen and City Clerk Christy White.
INVOCATION
Anderson Fire District Chaplin Tommy Fields gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Darin Hale led the Pledge of Allegiance.
RECOGNITION
Public Works Director Adam Whelen recognized Building Inspector/Code Enforcement Officer Brad Hawkins and Building Inspector Alec White for their excellent work over the last year.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - None.
CONSENT AGENDA
By motion made, second (Hale/Simmons) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the November 18, 2025 regular meeting.
ITEM 6.1 12/16/2025
City Council Meeting
December 16, 2025
Received and filed warrant 36038 to 36106 in the amount of $236,064.61; Received and filed ACH in the amount of $51,606.87; Received and filed warrant 36107 to 36155 in the amount of $247,525.18; Received and filed ACH in the amount of$50,861.40.
Adopted Resolution No 25-47 establishing the City's Investment Policy.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Hale, Simmons, Gallagher, Gallier and Mayor Baugh.
None.
None.
None.
REGULAR AGENDA
CITY COUNCIL
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
City Attorney Collin Bogener gave a staff report and answered questions from Council.
One public comment was received with questions regarding the containers that will be required to use.
Councilmember Hale requested discussing 8.lb before discussion of 8.la.
Mayor Baugh made a motion to 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). No second was received.
Councilmember Simmons requested a discussion regarding questions she had regarding the Ordinance.
Mayor Baugh made a motion to approve, no second was received.
Councilmember Hale made a motion, seconded (Hale/Gallagher) and carried by a 3-2 vote Council voted to amend the Ordinance regarding jurisdictional responsibility and bring it back at the next meeting for a first reading.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Gallagher, Simmons.
Gallier, Baugh.
None.
None.
City Council Meeting
December 16, 2025
CHAPTER 8.65 OF THE ANDERSON MUNICIPAL CODE AD HOC COMMITTEE Councilmember Hale requested the creation of an ad hoc committee to workshop Chapter
8.65 of the Anderson Municipal Code.
By motion made, seconded (Gallagher/Gallier) and carried by a 4-1 vote Council voted not to form an ad hoc committee.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Gallier, Simmons and Mayor Baugh.
Hale.
None.
None.
LOCAL YOUTH ENGAGEMENT IN CITY GOVERNMENT
Council member Hale discussed involving students in the government process.
Councilmember Hale and Simmons to gather more information from schools and bring back the information at a later date.
SUPPORT OF ASSEMBLY BILL 762 - BANNING SINGLE USE VAPES Mayor Baugh discussed AB 762 and sending a letter of support.
By motion made, seconded (Gallagher/Gallier) and carried by a 5-0 vote Council voted to send a letter of support for AB 762.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Gallier, Simmons, Hale and Mayor Baugh.
None.
None.
None.
POLICE
TOBACCO GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE (DOI) IN THE AMOUNT OF $37,412 FOR FYZS/26
Police Chief Oliver Collins gave a staff report and answered questions from Council.
By motion made, seconded (Simmons/Gallier) and carried by a 5-0 vote Council voted to approve Resolution No 25-48 to accept the grant award funding from the California Department of Justice (DOJ), in the amount of $37,412.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Simmons, Gallier, Gallagher, Hale and Mayor Baugh.
None.
None.
None.
City Council Meeting
December 16, 2025
PUBLIC WORKS
ANDERSON PARK VILLAGE CONSOLIDATION PROIECT-AMENDMENT 2 Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Gallagher/Hale) and carried by a 5-0 vote Council voted to adopt Resolution No 25-49 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.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallagher, Hale, Simmons, Gallier and Mayor Baugh.
None.
None.
None.
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 a permanent Ordinance review committee/workshop to review City Ordinance.
By motion made, seconded (Hale/Gallagher) and carried by a 5-0 vote Council voted to bring the discussion of creating an ad hoc committee at the next meeting.
AYES:
NOES:
ABSTAIN:
ABSENT:
Council members Hale, Gallagher, Simmons, Gallier and Mayor Baugh.
None.
None.
None.
ADJOURNMENT
7;40 p,m,; The City Council adjourned to December 16, 2025.
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I December 16, 2025 City Council Meeting I
d for Submittal By:
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey ForsethTDeshais, City Manager
From: Cindy Wheeler, Finance Director/Treasurer
Date: December 16, 2025
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 36156 to 36193 in the amount of $620,857.10; Receive and file warrant 36194 to 36232 in the amount of $238,761.07; Receive and file ACH in the amount of $50,610.32
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 12/16/2025
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
1 ANDERSON, GARY & PHY
US REFUND 11/26/2025 036156 26.54
1 BRADY. GREG & DANIEL
US REFUND 11/26/2025 036157 8.27
1 GLASS, KIM
US REFUND 11/26/2025 036158 127.75
l LAMONTE, KIM
US REFUND 11/26/2025 036159 13.27
1 LEVINGS, ANN
US REFUND 11/26/2025 036160 13.27
1 MOJICA, JEANNETTE &
US REFUND 11/26/2025 036161 13.27
1 RICARDO, ALYSSA
US REFUND 11/26/2025 036162 13.27
1 RIDGELINE BUILDERS
US REFUND 11/26/2025 036163 3V33
1 TARANGO, TANYA & NIC
US REFUND 11/26/2025 036164 13.27
1 ULBERG, KIRASTANE
US REFUND 11/26/2025 036165 13.27
1 VARGAS, MICHAEL
US REFUND 11/26/2025 036166 13.27
1 WARNER, MATTHEW
US REFUND 11/26/2025 036167 13.27
1 WIMMER, GWENDOLYN
US REFUND 11/26/2025 036168 13.27
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-NOV 25 11/26/2025 036169 2,635.43
000609 AT&T
PHONE CHARGES 11/26/2025 036170 95 58
000974 BEELER TRACTOR COMPANY
PARTS 11/26/2025 036171 396.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 11/26/2025 036172 283.27
002158 CITY OF ANDERSON
UTILITIES 11/26/2025 036173 3,215 97
002165 CITY OF REDDING
LIBRARY CONTRIBUTION 11/26/2025 036174 4,069.81
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 11/26/2025 036175 739.00
003590 FASTENERS INC.
SUPPLIES 11/26/2025 036176 54.91
004040 GENERALTEAMSTERS#137
DUES FOR MONTH OF NOV-25 11/26/2025 036177 2,494.00
005169 J & T CONSULTING, INC.
PROFESSIONAL SERVICES 11/26/2025 036178 810.00
012545 MAYRA JOHNSON
KEY DEPOSIT REFUND 11/26/2025 036179 10.00
005517 KEN GRADY COMPANY INC.
SUPPLIES 11/26/2025 036180 590.02
006140 LORI J. SCOTT, TREASURER/TAX C
PROPERTY TAXES 25/26 11/26/2025 036181 4,503.80
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 11/26/2025 036182 381.80
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006166 LOWE'S
SUPPLIES 11/26/2025 036183 183.34
011792 MISSIONSQUARE-302204
PLAN #302204 PE 11/21/25 11/26/2025 036184 2,940.00
007678 PARCEL QUEST
SUBSCRIPTION RENEWAL 11/26/2025 036185 2,399.00
011940 QUICK QUACK CAR WASH
CAR WASHES 11/26/2025 036186 650.66
012325 RTA CONSTRUCTION INC/ESCROW NO
RETENTION 11/26/2025 036187 29,630.56
008855 RTA CONSTRUCTION, INC.
PROFESSIONAL SERVICES 11/26/2025 036188 562,980.65
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 11/26/2025 036189 190.65
012318 DAVID SPANGLE
KEY DEPOSIT REFUND 11/26/2025 036190 10.00
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-NOV 25 11/26/2025 036191 820.38
010579 TRANSUNION RISK AND AL TERNA TIV
PROFESSIONAL SERVICES 11/26/2025 036192 100.00
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 11/26/2025 036193 357.45
620,857.10
~ <
Date
Page3
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
004592 HAVEN HUMANE SOCIETY
ANIMAL SHELTER SERVICES 12/5/2025 ACH 681.23
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 12/5/2025 036194 2,412.00
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 10/24/25 12/5/2025 036195 516.40
000974 BEELER TRACTOR COMPANY
PARTS 12/5/2025 036196 16.46
001115 BRIAN BEVERS
SENIOR SEWER REBATE PROGRAM 12/5/2025 036197 225.00
012550 MEGAN CHANDLER
BASKETBALL REGISTRATION REFUND 12/5/2025 036198 40.00
012066 CLA-VAL
PARTS 12/5/2025 036199 5,169.77
012237 OLIVER COLLINS
CELLPHONE REIMBURSEMENT 12/5/2025 036200 75.00
012544 DANIELLE DAVIS
BASKETBALL REGISTRATION REFUND 12/5/2025 036201 40.00
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATIONS 12/5/2025 036202 181.00
011982 ED STAUB & SONS PETROLEUM
FUEL CHARGES 12/5/2025 036203 1,850.07
003590 FASTENERS INC.
SUPPLIES 12/5/2025 036204 10.81
003618 FERGUSON WATERWORKS #1423
SUPPLIES 12/5/2025 036205 64.39
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011976 JOEY FORSETH-DESHAIS
CELLPHONE REIMBURSEMENT 12/5/2025 036206 75.00
003816 FRANCISCO & ASSOCIATES, INC.
PROFESSIONAL SERVICES 12/5/2025 036207 1,837.43
011883 ADAM FRO EBER
CELLPHONE REIMBURSEMENT 12/5/2025 036208 75.00
012552 CYNTHIA HARRIS
SENIOR SEWER REBATE PROGRAM 12/5/2025 036209 225.00
005096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SERVICES 12/5/2025 036210 2,053.61
005401 NICHOLAS JONES
CELLPHONE REIMBURSEMENT 12/5/2025 036211 75.00
012547 JANET MARIE LEEDS
SENIOR SEWER REBATE PROGRAM 12/5/2025 036212 225.00
011946 ERIN LUEVANO
ART CLASS REGISTRATION REFUND 12/5/2025 036213 141.00
012549 TAMILA ME DINN US
CLEANING DEPOSIT REFUND 12/5/2025 036214 350.00
012546 DEREK MOSS
SENIOR SEWER REBATE PROGRAM 12/5/2025 036215 225.00
007134 N.C.G.T. TRUST FUND
HEALTH INSURANCE PREMIUM 12/5/2025 036216 108,294.00
007202 NCCSIF
INSURANCE PREMIUM 12/5/2025 036217 11,463.50
007238 NETSOUND INC
PROFESSIONAL SERVICES 12/5/2025 036218 4,860.00
007630 PACIFIC GAS & ELECTRIC
UTILITIES 12/5/2025 036219 62,483.98
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008267 KATHY RAMIREZ
SENIOR SEWER REBATE PROGRAM 12/5/2025 036220 225.00
012548 ASHLEY SIMMONS
BASKETBALL REGISTRATION REFUND 12/5/2025 036221 40.00
012410 MARJORIE TRUMAN
CELLPHONE REIMBURSEMENT 12/5/2025 036222 75.00
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES,TRV,TRAINING & EQPMNT 12/5/2025 036223 14,531.20 VOID CHECK 12/5/2025 036224
VOID CHECK 12/5/2025 036225
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 12/5/2025 036226 16,244.05
010874 VERIZON WIRELESS
PHONE CHARGES 12/5/2025 036227 3,670.17
011245 CINDY WHEELER
CELLPHONE REIMBURSEMENT 12/5/2025 036228 75.00
011858 ADAM WHELEN
CELLPHONE REIMBURSEMENT 12/5/2025 036229 75.00
011260 CHRISTY WHITE
CELLPHONE REIMBURSEMENT 12/5/2025 036230 75.00
011305 PETER WICKENHEISER
CELLPHONE REIMBURSEMENT 12/5/2025 036231 75.00
012551 GWYN WILLIAMS
KEY DEPOSIT REFUND 12/5/2025 036232 10.00
12/05/25 ACH PERS $50,610.32 238,761.07
FOR PAYROLL ENDING 11/21/2025
&r $]JS Date
AGENDA ITEM
!December 16, 2025, City Council Meetin~
oved for Submittal By:
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Christy White, City Clerk
Date: December 16, 2025
I SUBJECT
Annual Maddy Act Appointments List
I RECOMMENDATION
The City Clerk recommends that the City Council:
Receive and file the Year 2025 appointments.
I FISCAL IMPACT
The recommended actions have no fiscal impacts.
I DISCUSSION and BACKGROUND
State law (The Maddy Act) requires the annual preparation of an appointment list of all boards, commissions and committees, which are appointed by the City Council.
Specifically, Government Code Section 54972 requires the following:
ITEM 6.4a PAGE1 12/16/2025
CITY OF ANDERSON
LOCAL APPOINTMENT LIST FOR 2025
In compliance with the requirements of the Maddy Act, Government Code 54970, the following appointment list is posted on an annual basis by December 31st. It shows all current members of the City Boards and Commissions and the dates of their terms of office as of the time of this posting. Board and Commission members shall be qualified electors of the city, of voting age or older, and reside in The City of Anderson.
PLANNING COMMISSION
The Planning Commission is designated as the official planning agency of the City and is governed by the regulations in Title 7 of the Government Code, "Planning and Land Use", and the Anderson Municipal Code. The Commission is designated to file statements of economic interest. Membership is 5 members for 4-year terms. The Commission meets the last Monday of the month at 5:30 p.m. in Council Chambers. Must be 18 years or older.
Members:
Ron Barnett
Mark Juarez
Maddy Eason
Andrew Anderson
Rebecca Joyner
Appointed
01/2021
01/2025
01/2025
01/2025
11/2025
Term Expires
12/31/2026
12/31/2028
12/31/2026
12/31/2028
12/31/2028
SHASTA COUNTY COMMISSION ON AGING
Serving as the official advisory commission to the Shasta County Board of Supervisors and the Area Agency on Aging, Planning and Service Area 2, on matters related to the older adult population of Shasta County. Helping to ensure the safety and well-being of older adults in Shasta County by studying, reviewing, evaluating and making recommendations to the Board of Supervisors about the issues affecting Shasta County older adults. Reviewing and evaluating the performance of organizations who receive public funds in order to offer constructive advice to the Board of Supervisors. Being available to the public to provide information, receive suggestions, and hear concerns on matters affecting Shasta County older adults or from the organizations who serve them. Member shall be a resident of the City of Anderson, be employed within the City, or own a business located within the City. All members of the Commission shall be residents of Shasta County, be at least 55 years of age, and shall serve without compensation. Direct providers of services to seniors, and their employees, representatives, or advocates, may not sit on the Commission.
Members:
Bonnie Simmons
Appointed
02/21/2023
Term Expires
01/2027
SHASTA MOSQUITO /VECTOR CONTROL DISTRICT (SMVCD)
The powers and duties of this board include: Establish policies for the operation of the SMVC district; and Provide for the faithful implementation of those policies. Member shall be a resident of the City of Anderson, be employed within the City, or own a business located within the City and have experience, training, and education in a field that will assist in the governance of the district.
Members:
Katie Rickon
Appointed
05/2025
AUDIT COMMITTEE
Term Expires
12/31/2027
Reviewing and approving the Finance Director's recommendation to the City Council for engaging the external independent auditor that performs the annual financial audit.
Reviewing and approving the Finance Director's proposed scope of work for the annual financial audit. Meeting with the external independent auditor that performs the annual financial audit to review and to conclude on the appropriateness of audit work products and management responses that are presented to the City Council.
Members:
Susie Baugh
Dan Gallier
Nolda Short, Shasta
Appointed
1/2025
1/2025
6/2021
Term Expires
12/31/2025
12/31/2025
ANDERSON PUBLIC FINANCE AUTHORITY - (APFA)
Finance and refinance, through the issuance of bonds or other instruments of indebtedness, Public Capital Improvements and Working Capital and other costs as permitted by the JPA Law and the Bond Pooling Act. Purchase Obligations. Incur debts, liabilities, and obligations.
Acquire, hold or dispose of real and personal property by lease, purchase, sale, and other appropriate means.
Receive contributions and donations of property, funds, services, and other forms of assistance from any source. Sue and be sued in its' own name. Employ agents and employees.
Acquire, construct, rehabilitate, remodel, install, manage, or operate buildings, works, or improvements.
Lease real and personal property (including that of a Member or Local Agency) as lessor and as lessee. Receive, collect, and disburse monies. Invest money in the treasury of the Authority in the same manner and on the same conditions as Local Agencies pursuant to Government Code Section 53601. Exercise all other powers necessary and proper to carry out the provisions of this Agreement.
Members:
Dan Gallier
Mike Gallagher
Susie Baugh
Darin Hale
Bonnie Simmons
Appointed
1/2023
1/2023
1/2025
1/2025
1/2025
Term Expires
12/2026
12/2026
12/2028
12/2028
12/2028
ENTERPRISE ANDERSON GROUNDWATER SUSTAINABILITY AGENCY (EAGSA) This was created with the purpose and intent of jointly forming a separate entity through a legal agreement to fulfill the role of a GSA as provided in SGMA for the development and adoption of a Groundwater Sustainability Plan (GSP) and implementation and management of the GSP. It is not the intent of this Agency to assume any authorities impacting local planning and land use. This is a six-member board with representatives from the City of Anderson, Bella Vista Water District, Clear Creek Community Services District, Anderson Cottonwood Irrigation District, the City of Redding and Shasta County. Each member agency appoints one regular member and one alternate member to the board.
APPOINTING
AGENCY
City of Anderson
NAME
Darin Hale
Dan Gallier -
Alternate
DATE APPOINTED
1/2025
1/2025
HEAL THY SHASTA PARTNER LEADERSHIP TEAM
TERM EXPIRES
When replaced
Provide strategic direction and vision by determining long-term goals and priority outcomes for annual scope of work (SOW). Identify and advocate for local policies that support a healthier community that encompass healthy eating and active lifestyles. Identify financial resources to support the movement. Bring contracts and clout to the partnership.
Assist with partner recruitment and engagement. Participate on workgroups per areas of interest. Recognize community members and organizations through the Action Hero Campaign. Serve as a Healthy Shasta Ambassador/ Advocate in the community. Commit their organization to "Walk the Talk" (WTT).
Members:
Bonnie Simmons
Agpointed
1/2025
Term Exgires
12/2028
REDDING AREA WATER COUNCIL- POLICY ADVISORY COMMITTEE (RAWC-PAC) Serve as an advisory committee to the Redding Area Water Council.
Members:
Susie Baugh
Appointed
1/2025
Term Expires
12/2028
SHASTA COUNTY COMMUNITY ACTION BOARD (CAB)
The Community Action Board serves in an advisory capacity to the Shasta County Community Action Agency and to the Shasta County Board of Directors.
Members:
Susie Baugh
Appointed
1/2025
Term Expires
12/2028
REDDING AREA BUS AUTHORITY (RABA)
The Redding Area Bus Authority is charged with the responsibility of establishing policies to guide the various functions of RABA and, where necessary, to establish procedures by which functions are performed.
Members:
Bonnie Simmons
Mike Gallagher
Appointed
1/2025
1/2025
BUILDING BOARD OF APPEALS
Term Expires
12/2028
12/2026
The Building Board of Appeals shall preside over and resolve disputes regarding building construction requirements as prescribed by the California Building Standards Code. Appeals may be made from any decision or determination or requirement of the city building official by any person aggrieved by filing a notice thereof in writing with the City Clerk within five days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and grounds upon which such person deems himself aggrieved. The Building Board of Appeals shall hear the appeal as soon as reasonably possible and in no event more than ninety days from the date of the appeal or this resolution, whichever is later.
The appellant may agree to extend this deadline. An application for appeal shall be based on a claim that the true intent of the Building Code or rule legally adopted thereunder have been incorrectly interpreted, the provisions of the Building Codes do not fully apply or an equally good or better form of construction is proposed. The application for appeal shall fully and completely explain the basis for the appeal and any requested relief. The Building Board of Appeals shall have no authority to waive requirements of the Building Codes. The Building Board of Appeals shall meet as necessary. Meetings, when held, shall be held in the City Council Chambers at Anderson City Hall or other location permitted by law. The Building Board of Appeals may consider and may recommend such new ordinances as are consistent with the California Building and Uniform Housing Codes. The Building Official shall be an ex officio member and shall act as the Secretary of the Board. The Building Board of Appeals shall operate pursuant to Part I and Part II of the rules and regulations stated in the Building Board of Appeals Procedures in exhibit A, which is incorporated by reference into this resolution. The Building Board of Appeals may amend these procedures as it deems reasonably necessary. The Building Board of Appeals shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. Each member shall be a licensed contractor, architect, engineer in good standing with the State of California, or other qualified person based on training and experience within building construction industry and who has, in the past five years, conducted business within the City of Anderson.
Each member shall hold office from the date of appointment until the end of the term for which he is appointed.
Members:
Vacant
Vacant
Vacant
Vacant
Vacant
Appointed Term Expires
YOUTH OPTIONS BOARD OF DIRECTORS
Direct the Youth Violence Prevention Council, a 501 (c) (3) non-profit, whose mission is to prevent youth violence and promote a safe and healthy community.
Members:
Darin Hale
Appointed
1/2025
Term Expires
12/2028
CITY LIAISON/VOTING DELEGATE TO THE LEAGUE OF CALIFORNIA CITIES As a member of the League of California Cities (League) the City of Anderson has the opportunity to vote on various matters concerning the League. At the League's annual conference voting delegates from each member city (one vote per member) vote on those matters. The City Liaison/voting delegate to the League of California Cities represents the Anderson City Council in matters requiring a vote of the League member.
Members:
Dan Gallier
Appointed
1/2025
Term Expires
12/2025
AGENDA ITEM
!December 16, 202 5, City Council Meetin~
for Submittal By:
To Be Presented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Christy White, City Clerk
Date: December 16, 2025
I SUBJECT
2026 Annual City Holidays
I RECOMMENDATION
The City Clerk recommends that the City Council:
Adopt a resolution establishing annual City holidays and City Hall closure hours for the 2026 calendar year.
I FISCAL IMPACT
The fiscal impact of City holidays and City Hall closures has been taken into account in the adopted budget.
ITEM 6.4b PAGE1 12/16/2025
I DISCUSSION and BACKGROUND
The City's Memorandum of Understanding (MOU) with the Anderson Police Officers Association, Anderson Police Management Association and its MOU with Teamsters Local 137, both provide for paid holidays for City employees. The attached resolution shown as "Attachment 1" uses the provisions of these MOUs and establishes an annual schedule of official City holidays.
The proposed Resolution indicates which days and hours City Hall will be closed for the agreed upon paid holidays. (Exception-Juneteenth for APOA and APMA)
I ATTACHMENT
1. Resolution
ITEM 6.4b PAGE2 12/16/2025
RESOLUTION NO. 25-
A Resolution Establishing Annual City Holidays and City Hall Closure Hours WHEREAS, by Resolution No. 22-12 adopted April 19, 2022, the City Council entered into Memoranda of Understanding with the Anderson Police Officers Association; and WHEREAS, by Resolution No. 21-21 adopted May 4, 2021, the City Council entered into Memoranda of Understanding with Teamsters Local 137; and WHEREAS, by Resolution No. 25-07 adopted March 4, 2025, the City Council entered into Memoranda of Understanding with Teamsters Local 137; and WHEREAS, under the terms of these Memoranda, paid holidays are granted City employees; and WHEREAS, it is the desire of the City Council to formally establish annual City holidays consistent with these Memoranda; and
WHEREAS, it is further the desire of the City Council to inform City employees and the public of planned City Hall closure hours.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Anderson that the following days will be official City holidays and days City Hall will be closed:
1. Thursday January 1, 2026 - New Year's Day. City Hall closed.
2. Monday January 19, 2026 - Dr. Martin Luther King Jr.'s Birthday Holiday. City Hall Closed.
3. Thursday February 12, 2026 - Lincoln's Birthday Holiday. City Hall Closed.
4. Monday February 16, 2026 - Washington's Birthday Holiday. City Hall Closed.
5. Monday May 25, 2026 - Memorial Day Holiday. City Hall Closed.
6. Friday June 19, 2026 • Juneteenth Holiday. City Hall Closed
7. Friday July 3, 2026 - Independence Day Holiday. City Hall Closed.
8. Monday September 7, 2026 - Labor Day Holiday. City Hall Closed.
9. Monday October 12, 2026 - Columbus Day Holiday. City Hall Open. (Employees schedule Columbus Day and Employee Birthday Holidays as vacation days are normally scheduled.)
10. Wednesday November 11, 2026 - Veterans Day Holiday. City Hall Closed.
11. Thursday and Friday November 26 and 27, 2026 - Thanksgiving Holidays. City Hall Closed.
12. Thursday December 24 and Friday December 25, 2026 - Christmas Holidays. City Hall Closed.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Anderson this 16th day of December, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!December 16, 2025 City Council Meeting!
To:
Through:
From:
Date:
lsueJECT
eshais. City Manager
ted By:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Christy White, City Clerk
December 16, 2025
Cost of living adjustment for part-time unrepresented employees
I RECOMMENDATION
The City Manager recommends the City Council:
/
Adopt a resolution approving a pay increase effective January 1, 2025, for part-time unrepresented employees to comply with State mandated minimum wage increases and to maintain current differential between positions.
I FISCAL IMPACT
Implementation of the recommended increase is estimated to cost approximately $260.00 in the current fiscal year. Finance will review the changes this increase will create for the budget and include a budget amendment with the mid-year review.
ITEM 6.4c PAGE1 12/16/2025
I DISCUSSION and BACKGROUND
Since 2015, the Council has increased the hourly wage rate for unrepresented employees in order to meet the State minimum wage requirement and maintain the already established differences between job levels.
California minimum wage is set to go up .40 cents per hour on January 1, 2026. This is a
2.39% increase over the current minimum wage rate. Staff is recommending Council approve a 2.39% rate increase for part•time unrepresented personnel to maintain compliance with State minimum wage rates and to maintain the already established differences between job levels.
Attached is a resolution that would approve the recommended cost of living adjustment for unrepresented positions.
I ATTACHMENT
1. Resolution
ITEM 6.4c PAGE2 12/6/2022
ATTACHMENT A
RESOLUTION NO. 25-_
A RESOLUTION OF THE CITY OF ANDERSON
APPROVING PAY INCREASES FOR PART-TIME UNREPRESENTED EMPLOYEES WHEREAS, the State minimum wage rate will increase to $16.90 per hour on January 1, 2026 for all employees; and
WHEREAS, the City Manager recommends, and the Anderson City Council desires to approve, a cost of living pay adjustment for part-time unrepresented employees to comply with the new minimum wage rate.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves pay increases for part-time unrepresented employees effective January 1, 2026, attached hereto as Exhibit A and made a part hereof;
PASSED AND ADOPTED by the City Council of the City of Anderson this 16th day of December, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
December 16, 2025 City Council Meeting
To: Honorable Mayor and Members of the Anderson City Council Through: Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director
Date: December 16, 2025
I SUBJECT
Annual Report on Development Impact Fees
I RECOMMENDATION
The Finance Director recommends that the City Council, by motion:
Accept the Finance Director's annual report on development impact fees.
I FISCAL IMPACT
This action has no direct fiscal impact. The report is for information purposes only. !DISCUSSION and BACKGROUND
The City has established several Development Impact fees that are imposed on new residential, industrial, and commercial construction projects. These development fees are intended to fund the long-term capital costs of expanding city facilities to accommodate population growth. California Government Code sections 66000 to 66006 require the City to annually review these fees. This annual review applies only to development fees, not other fees paid directly for services such as building inspection fees, plan check fees, etc.
ITEM 6.6 PAGE1 12/16/2025
For each type of development fee, the attached report includes the fee amount, annual revenues and expenses for Fiscal Year 2024-2025, and the uses of the fees. For additional information, comparative data for Fiscal Year 2023-2024 are also included. The annually updated Five-Year Capital Improvement Plan, the biannual budget, and the applicable Master Plans provide additional information on the use of these fees, including a long-term list of planned projects and anticipated years of completion.
I ATTACHMENTS
1. Annual Report on Development Impact Fees
ITEM 6.6 PAGE2 12/16/2025
Corporation Yard and Police Facility Improvement Fee
Fee Authority and Amount
The Corporation Yard and Police Facility capital improvement fee is charged for new construction at the time a building permit is issued. Revenues are used to provide additions or improvements to police and corporation yard facilities, made necessary by population growth. The fee is authorized by Anderson Municipal Code section 15.36.010. All revenues are deposited to fund 108, Corporation Yard and Police Facility Improvement Fund.
Rates are as follows:
Single Family or Duplex Unit $1,283 per unit
$450 per unit
108
Multiple Family or Mobile Home Park
Motel or Hotel and Non-Residential $1.72 per square foot of floor area of construction Financial Report 2023/2024 2024/2025
Fees collected during the year 28,892 38,248
Interest earnings in the fund 16,637 6,652
Total Revenues 45,529 44,900
Land Acquisition
Improvements Other than Buildings
Other Expenses 52,822 66,941
Total Expenses 52,822 66,941
Net of Revenues and Expenses, June 30 (7,293) (22,041)
Fund Balance, June 30 583,139 568,795
Cash Balance, June 30 583,139 568,795
Storm Drain Fee
Fee Authority and Amount
Two types of storm drain fees are charged: a storm drain capital fee is charged for all new construction and a Tormey drain fee is charged for construction located in the Tormey drain area. Revenues are used to provide capital improvements to the storm drain system. The fees are authorized by Anderson Municipal Code sections 15.36.020 and 16.14.170. All revenues are deposited to fund 109, Drainage Capital Improvement Fund. Rates are as follows:
Single Family
Duplex
Multiple Family
Mobile Home Park
Non-Residential
Tormey Drain
Financial Report
Fees collected during the year
Interest earnings in the fund
Total Revenues
Drainage Projects
Engineering
Other Expenses
Total Expenses
Net of Revenues and Expenses, June 30
Change in Advances To Other Funds
Fund Balance, June 30
Cash Balance, June 30
2023/2024
16,080
14,566
30,646
15,589
10,324
25,913
4,733
957,011
957,011
$153 per unit plus $0.31 per square foot
$153 per unit plus $0.31 per square foot
$0.31 per square foot of impervious surface
$209 per pad
$0.31 per square foot of impervious surface
$2,184 per acre (if in Tormey Drain)
2024/2025
23,134
11,060
34,193
6,947
9,672
16,619
17,574
974,937
974,937
109
Park Improvement Fee
Fee Authority and Amount
Generally, a park improvement fee is charged on all new residential construction. Revenues are used to acquire and develop City parks. The fee is authorized by Anderson Municipal Code sections 15.36.050 and 15.36.060. All revenues are deposited to fund 110, Park Capital Improvement Fund. Rates are as follows:
All residential
Financial Report
Fees collected during the year
Interest earnings in the fund
Operating Transfer In
Sale of Property
Grants
Total Revenues
Park Refurbishment Projects
Playground Equipment
Trail Improvements
Debt Service *** Teen Center Debt***
Other Expenses
Total Expenses
Net of Revenues and Expenses, June 30
Designation for Parkland
Change in Due from other funds
Fund Balance, June 30
Cash Balance, June 30
$1,897 per unit
2023/2024
15,176
177,952
193,128
259
52,832
27,241
80,333
112,795
831,456
5,752
5,752
2024/2025
15,847
15,847
987
585,986 *
52,715
6,665
646,353
(630,506)
838,232
(617,166) *
(617,166)
110
Sewer Inclusion Fee
Fee Authority and Amount
Generally, a sewer inclusion fee is charged for alt new connections to the city sewer system.
Revenues are used to provide capital improvements to the sewer system to accommodate the increased demand on the system. The fee is authorized by Anderson Municipal Code sections 13.80.200, 13.80.205 and 13.84.030. Atl revenues are deposited to fund 111, Sewer Capital Improvement Fund. Rates are as folfows:
Northwest & Central Areas Southeast Area
Single Family $3,590 per unit $4,565 per unit
Duplex $2,618 per unit $3,453 per unit
111
Multiple Family $3,255 for the first unit & $1,980 each unit thereaftt $4,090 for the first unit & $2,815 per unit thereafter Mobile Home P $3,255 for the first unit & $1,980 each unit thereaftE $4,090 for the first unit & $2,815 per unit thereafter Non-Residentia $3,415 times the first household & $2,140 each $4,565 times the first household equivalent thereafter, as determined household equivalent & $3,290 for each unit thereafter by the Department of Public Works as determined by the
Department of Public Works
Financial Report 2023/2024 2024/2025
Fees collected during the year 31,955 48,107
Interest earnings in the fund 9,410 7,431
loan Interest Income
Operating Transfers In 104,733 106,695
Total Revenues 146,098 162,232
Engineering
South Barney Sewer Project
Debt Service 104,733 796,695
Other Expenses 11,972 14,391
Total Expenses 116,705 811,086
Net of Revenues and Expenses, June 30 29,393 (648,854)
Change in Due from Other Funds 0.00 0.00
Fund Balance, June 30 765,882 69,478
Cash Balance, June 30 696,231 733,111
Water Fee 112
Fee Authority and Amount
Generally, a water capital fee is charged as a condition of connection to the city water system.
Revenues are used to provide capital improvements to the water system. The fee is authorized by Anderson Municipal Code sections 13.68.170 and 13.16.005. All revenues are deposited to fund 112, Water Capital Improvement Fund. Rates are as follows:
Single Family
Duplex
Multiple Family
Motel or Hotel
Mobile Home Park
Non-Residential
Line Fee
Financial Report
Fees collected during the year
Funds Held for Dep-SW Booster
Other Grants -Anderson Park Village Well
Interest earnings in the fund
Total Revenues
Operating Transfer Out
General Water Improvements
Construction in Progress
Engineering
Other Expenses
Total Expenses
Net of Revenues and Expenses, June 30
Change in Due to Other Funds
Fund Balance, June 30
Cash Balance, June 30
2023/2024
107,930
782
108,712
8,695
8,695
100,017
236,490
236,490
$2,185 per unit
$1,403 per unit
$1,820 for the first unit & $605 per unit thereafter
$1,520 for the first unit & $305 per unit thereafter
$1,820 for the first unit & $605 per unit thereafter
rates vary depending on the size of the meter installed 2024/2025
20,129
949,777
3,957
973,862
(687,918)
687,918
26,010
13,526
39,536
934,326
1,181,365
1,181,365
Traffic Impact Fee
Fee Authority and Amount
Generally, a traffic impact fee is charged on all new construction. Revenues are used defray the costs of improving traffic circulation. The fee is authorized by Anderson Municipal Code section 15.40.050. All revenues are deposited to fund 113, Traffic Impact Fund. Rates are as follows:
Single Family
Duplex
Multiple Family
Non-Residential
$3,668 per unit
$3,668 per unit
$2,568 per unit
varies; $8.25 per square foot maximum
Shasta County Southern Region Fee Program (effective 2/1/07) 113
This traffic impact fee was established to mitigate the impacts of development within the unincorporated Shasta County on City of Anderson Streets, including but not limited to the impacts of unincorporated area development on South Street
Zone 1 of Benefit
Zone 2 of Benefit
Financial Report
Fees collected during the year
Investment Earnings
Loan Interest Income
Grants
Other Revenues
Total Revenues
Pavement Improvement Projects
Other Expenses
Total Expenses
Net of Revenues and Expenses, June 30
Change in Due from Other Funds
Fund Balance, June 30
Cash Balance, June 30
2023/2024
60,931
57,295
118,226
10,763
10,763
107,464
2,308,224
2,244,868
$5,229 per equivalent dwelling unit
$2,801 per equivalent dwelling unit
2024/2025
58,783
20,136
78,918
967,585
15,956
983,541
(904,623)
1,426,675
1,426,675
Traffic Impact Fee for 1-5 and Deschutes Road Interchange Fee Authority and Amount
Generally, the I-5/Deschutes Interchange traffic ,mpact fee is charged on all new construction within the Zone of Benefit. Revenues are used to the costs of ,mproving the interchange. The City Council established a 632-acre Zone of Benefit for the area defined in the "I-5/Deschutes Interchange Fee Program - Revised Traffic Nexus Analysis" dated January 26, 2005. The fee is authorized by Anderson Munkipal Code section 15.40.080. All revenues are deposited to fund 115, Traffic Impact Fund -I-5/Deschutes Offramp. Rates are as follows:
$1,599 per EDU (Equivalent Dwelling Unit)
Financial Report 2023/2024 2024/2025
Fees collected during the year 17,619 20,930
Interest earnings in the fund 3,429 2,981
Total Revenues 21,048 23,911
Engineering
Other Expenses 6,997 11,334
Total Expenses 6,997 11,334
Net of Revenues and Expenses, June 30 14,051 12,577
Change in Due From Other Funds
Fund Balance, June 30 253,385 275,770
Cash Balance, June 30 253,385 275,770
115
AGENDA ITEM
I December 16, 2025, City Council Meeting I
d for Submittal By:
To:
Through:
Honorable Mayor and Members o the Anderson City Council Joey Forseth-Deshais, City Manager
From: Collin Bogener, City Attorney
Date: December 16, 2025
lsueJECT
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
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 January 6, 2025 (Second Reading); and
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 12/16/2025
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 Councilmembers 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.
During the December 2, 2025 City Council meeting the Council discussed changes and edits to the municipal code section. After much discussion the Council gave direction to remove the definitions of Regional Agency and Regional Enforcement Official and their references throughout the ordinance.
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 SO 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.
ITEM 8.1a PAGE2 12/16/2025
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.
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 12/16/2025
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
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
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, and Jurisdictions,
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
8.65.010 TITLE.
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 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)(5) 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 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.
U) "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).
(I) "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.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.
(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 minimis 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; (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. (aa) "Gray Container" 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 of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.l(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). (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 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).
(ft) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5( 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)(l 1.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(gg) "Inspection" means a site visit where a Jurisdiction 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. (jj) "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 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, 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)(S4). (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).
( ccc) "Remote Monitoring" means the use of the internet of things (loT) 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).
Qjj) "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 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, 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 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 SOLID WASTE, RECYCLING, AND ORGANIC WASTE
DISPOSAL
(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). (b) Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 8.65.0S0(c). 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 8.65.060(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 8.65.060(d)(1) and (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:
(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 8.65.060( d) pursuant to 14 CCR Section 18984. 9(b) inside the dwelling units.
(t) 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.
(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.
(j) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with 8.65.140 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
8.65.060(b ).
(1) 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.
(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 8.65.080.
8.65.070 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction 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 8.65.070(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 8.65.070(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. (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 minimis waiver.
(b) Physical Space Waivers: A Jurisdiction 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, at its discretion and in accordance with 14 CCR Section 18984.11(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)
(2)
(3)
8.65.080
Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
Provide documentation that the Blue Container, Gray Container, or both, does not contain putrescible waste.
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 8.65.080 commencing January 1, 2022, 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 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.
(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 Jurisdiction that includes all information listed above in 8.65.080( 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 18991.5(a)(1):
(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 18991.5(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 Jurisdiction 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 Oq~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, 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 shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction.
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:
(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 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 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) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all (2)
(3)
8.65.120
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
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.
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 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:
(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 8.65.120(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.
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 (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 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 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 7920.000 et seq. (d) Jurisdiction 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 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 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 the Jurisdiction Enforcement Official.
(A) Jurisdictional 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 of Violation(s). (d) Process for Enforcement
(1) Jurisdictional 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 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
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 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 16, 2025 and enacted at a regular meeting of the City Council of the City of Anderson held on January 6, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
ORDINANCE NO.
City ef."'.nderson Mandateey Organjc 11/aste Disposa:1:-R~&a OrdinanceSolid Waste. Recyclin~. and Ora=anic Waste
AR o Ni ilan1ae Pf Patl ll g Gh.ip ~er 8, ~o~•e-r~~-the ~C111enlti io.-lhe re1h1ctie1H1fepgi.1tli€-wesre dispes11I.
The City Council of the City of Anderson ordains as follows:
Chapter 8,65 b be:reby repealed io its entirety and u:plawl with 1be following:~.S~~~~~gonic-Waste-Dispo5al
Reduction.
chaptec,8,65-Soljd Waste;. B«:rcliu&:, stnd Qrpoic Wuu:
8.65.010
8.65.020
8.65.030
8.65.040
Title
Purpose and Findings
Definitions
Reg u 1nm1e n 1s for Solid waste. RecycU ng. and orgaoie was~ Disposal
8.65.040050 Requirements for Single Family Generators
8.65.~Qfil! Requirements for Commercial Businesses
8.65.~QZQ Waivers for Generators
8.65.0+aillll!. Requirements for Commercial Edible Food Generators
8.65.GOO!rN Requirements for Food Recovery Organizations and Services, iW,d Jurisdictions, aR!I Reg10Ral AgeRcies
8.65.G%10..0. Requirements for Haulers and Facility Operators ~f-Hat1l&F-Re1111,re11lOAk
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
{ Fonnatted: Indent: Arst line: o·
8.65.160 Effective Date
8.65.010 TITLE.
This Chapter may be cited as Solid Waste. RecydinLt and Ori:anlc Wastet-1\e MaA!ilatary Organ It: 1,w1ste 91spas.aJ Redu~t,en 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 of2011 (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 CalRecycle 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 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)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. fbt- • -Browl!-('..9atai.ner" -~--~~l'-l-lla~l-l~Gr~~
st0ra11e Md 1i0lle~l1.1A 0fse~1~e Sep,nati>d Bn:w,•n Cema,11eit Orgi11He W~te-r (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 Residentia1 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 er Regif'l11al 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 178SS(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.
U) "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM 06400 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).
(I) "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 SO percent between fanuary 1, 2022 and December 31, 2024 and 75 percent on and after January 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 l 7409.5.8(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)(l8). 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 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 minimis 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; (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. (aa) "Gray Container" 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 seivice that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.l{a) and (b), or as otherwise defined in 14 CCR Section 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 MI-\Hce -Seramtoo--Groc4! Container Organic Waste.
(dd) "Grocery Storew 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 seived, 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 lurisdiction's collection seivice area, or as otherwise defined in 14 CCR Section 18982(a)(31.S).
(ff) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5( d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of SO percent between fanuary 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 furisdiction er Re-g10Ral ~.ge1icy 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) "JurisdictionM 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 seives 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 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 t8982(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, 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 ofOrganic 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){S l). {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, 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).
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kH'&1tJ1.rne~ion er--amstilt:itlon with f11fis~h1;t i90 !iftfeflicCl!leHt Of#i•~ill (ccc) "Remote Monitoring" means the use of the internet of things {loT) and/or wireless electronic devices to visualize the contents of Blue Containers, BrewR CeRtaiRers, 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). (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 8 {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 17 402 ( a)( 18.7). (nAl'I) sau 'ce Seflara,eEI 8rowl'I Cen~a[Aer Org,a,,1ieWastit·· means Sa11ree Se~arateEI Organk Was-t~~iffltlf'Et ro- Mtld--Wasl~,t-Mlfat)--beiJl,Jct-d iR a.-Br0Wfl ~ffff ~ally tf!-~~-e-c4llew1M1-Af'-Org,mk--l/lt.1ste- by-th~n@l'iltm·. { 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, S&+IFC+&>pilfiltffi -8-Fitw+t-,&ffi;'lfflef GFg.tttic ~. 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, 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 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
DISPOSAi.
,fiEQlHREMENIS FOR soup wasre Rl;CVCUNG, AND ORGANIC WASTE (a) Evecy person in l,)osm,s,ion chari!etor c.oorrol,of.any,sloi!le•famUy,Aw,elljna, ruulU· family c~DiDil, onommer-cjal w;emjses shall ensure that arran11ement;; a[e Ql,'llde LR propedy.dispw;e or ibe solidwast,e. cecycllnt:, and on:aoic waste-created. produced. or accumulated on the premis-e:s tluQu.i:h 11Wintajnjn~ a mand.aton• subscriplion for r:egu!ar waste coltection se1:vires from the c;tty's exdus1wraachlse hauler and.wheat uermissjble. :u:l f~haulina and /or subron I rac1 lo~ services.
(b) No person except the city or an authorlzed ro)lectorshan collect or transport sohd wm or provide soljd wastewrvkes within the city unless wuifica!ly authorized by the city. with Jhe foHowin& exceptions:
(H Colleqjon, transfer handling and disposal of hazardous waste; m Ibe cem21ru11i! 1ra11~port;ujo,IlJ)ooSle.Yw:;ta1100 dedrnUfom landscaping activitit::> or constructlon and demolition debris by the owner or occupant of the prop;erty h:2m mlitb the material ;s derived, orby persons Hq:nsed to do !andscapine, ta::e tdmmine: or C&D bus)ow In the city and providint: serYice to the owner or occupant of the prope;dy from whlch the material is dedverl:
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(3) conectlon n:answct disposal or recycnn11 ofUtter by an jndividual or yolqow:c 11roup of iodiyidllals;
(4) Community or neighborhood dean-up activities o"erated in cooperution wjth the city or an authorize;dpe,r;;;o.n;
(5L_ Cit)( ~~Q}lectiu11:, traas12ortia1: disposioe or recycling and lransportiae solid waste to a traosw station prorusioi facility landfill or rnaterJal recoyeey facility 86S050 REQUIREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family Ot:ganie Waste Generators shall comply with the following requirements:
(a) Sball subscribe to luriglictfon's three .:ontaioer s1wirn ;rnd comply wjth reguiremeauwC 1hose,gryjces ¥ described below in a 6S,oSO(b) and (c1 {bL_Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4(b}~~holl-ha•Je me-right, to-re • r·~ £91l.talilers ta e•,alttate ade4'111aey 0f
£apa<1~ JWEl¥Kk,J Jet· each ~ @f a£@11Mtit'm· ~-iw fer f)F&~F &epar,ahe-,.. of ma-t~l!:-3,ld~mt'Af--9Hltat@l!lal!.: ,uMI, MRgle-+am¼l~·aw5 s-baU-,cld-i11~~ sef"vu:e le·,iel reF hs «1lle~'t10A sei·•JirPs as re4'11;1ested hy the l~risalc-tien. 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). (bi;) 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) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Sau "'e Setlaf' ate~l¼fait1e,:--(wg.mie-Waste-i-1Hhe-&0Wf'I-Cotit.li-ne,,, and Gray Container Waste in the Gray Container. Single -Family Organic Waste Generator shall not place materials designated for the ~taiffl.'1'6.
Green Containers or Blue Containers in the Gray Containers.
8.65.QW060 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses. including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction"s ~fmw, container service and comply with requirements of those services as described below in 8.65.060(b). Jliftsdirt1en--shmUK1¥e•d1e rig1rt to rr•dew ~turn,uuher a111i1 s,.ie ora @!e11~r,Uor·~ eon~ai11e,s a Ad f'.fequeAE.t eftelh~.~1011 Wl-eVa+Ha~~ .oi:~ ~idN-fM ~~-.»-~t-fe.A -&e,P,1-½€e kM' PFOf>el'--Set),ll'atien of Rl a le ri al5 a Rd eo-ntammeJ-1~1atN'¼als;-aad.--Comm@~ 8ueSIR@sses shall adj-.ist theh· Sl!r11iee le'l@I kir th@iHell@etieR s@ri1ie@!i a .. ~ r@i;iu@st@d b)' ~he-fffl"mlkt-lfffl.
(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; M)fffft' ~~tlr.<+Wfl ~H\t'f-4)~ff' ~~--Gwwo-w~.
and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Brawn Ce1Ha;rteFs, 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, Bro~tai-nff;-Green Container, and Gray Container collection service.
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of S4HH:{'e ~Rlttid .iMwn .Cef\laitH'F ~ Wosle, 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 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.
(I) 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, 8fawfl C..&nt.:l+Det'",~llifilContainer, and Gray Container collection service. (g) Excluding Multi-Family Residential Dwellings, quarterly inspect Blue Containers, ~-~-aiflff!r. 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 er R~gt01'1;1I :',gMfJ'. (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of ~ Se-jtufawtl Bt-ewn- Gefttvt!lff ~i€ -Was-~-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 ~Milted Brawn C01H<lillerOrgani!;W-a:;u,. 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 8.65.140 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
8.65.060(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, 8Rlwtt-,(;e~5;-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, [email protected] Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee,-~ioMl--;\gt'ney.
(m.J If a Gammere,al BuslM~ selfh<Htb Solki W~tl:! in ei/~&f-Oi~elty it has lhRtttgh 4ht'--J,llmi&~-Of'ga,nit: ~,~let:tien-6411'Ykei-it tmffi .-t>t ~UWaweH'@~iFE.'mellts iR 8.6~~~1s-81'dkla.i1~ (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.
8.65.060070 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction ~al ~,-y.-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 8.65.070(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 8.65.070(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, ilrnwn €EH1laine1· 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, 8r9w1\ ca,HaiRer 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, ifJurisdiction has approved de minimis 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 of8.65.040-050 or 8.65.GW060.
A Commercial Business or property owner may request a physical space waiver through the following process:
{l) 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~-n CatnaiAffS and/or Green Containers including documentation from its hauler, licensed architect, or licensed engin* r. {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-er~1tal-AgeftEy, 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 threerouf•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.
{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.G+Gill!Q REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS (a) Tier One Commercial Edible Food Generators must comply with the requirements of Section 8.65.080 commencing January 1, 2022, 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 ofEdible 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 Of-R@gie1ml-Agem:y-to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the foUowing 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.
(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 AegieRol Agency~.ictio.o that includes all information listed above in 8,65.080( 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.GW~ 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 18991.5(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 ofEdible 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 ~1.w:i,sd~ioo 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 pursuant to 14 CCR Section 18991.3(b) no later than March
1. (d) Food Recovery Capacity Planning
{l) Food Recovery Services and Food Recovery Oreanizations. 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 md-Aegi1nial Agirncy, 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 0r Regi0Aal .<'.geRey shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction~~€-}'.
8.65.W-0.l.Q.Q 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:
(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, Sol!F-Ee S,evaR1~ed---81own--te+ttal~-Gl'ga~ki ~te 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.
{BJ Transport Source Separated Recyclable Materials JUlli, Source Separated Green Container Organic Waste a~si~
s~-~Mitine.- (lrgvnk Wa.¥.ae- 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, ~il.44,HQ 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.
U iUOO ~1.~U!.fiR.R&QUIR.&M!;NTSs.fil,E~~
R~eftt.,...fOf ~f-Hauttt~ h,[t~ .:j}i~H ~L!llitffliM :Wtffltlt: -the-:hwsdifltruh eel I MU on W½hdufis4iffi91l§:1!;lf£1ttSi:Y.eJrsiwltte:lt,l\WW;;W;\WWNlftfY (,a.), &4f..l.Jaule-r,-, 5hiJn-5ffllff~ St'f!vfit~-all .SOul'ff--Se~ed Recyclable AH'rla.ls aud ~K--1/11.a~atemk..that I t1 risdKt.~l'Wise. ~s~r~pai:ate w~ iR IR@ ltifisdMia,fs org,mi€5 aAa reEy~ling ~ulleetiel'I fJrawani) ge11~.eft-'.iKe ~-'eh-d W&sw 4-.m,mff(>f" ~.fi~lff. 14 CCR MlCA+Em.S ~-1--a~. 81'-Shalt-ha.\ll--Ql'ganie.-W.ast.u~g.ll--Dive!'&i-Organie•J,~ Prat:esso~g hnltty as si:,eeiliei:l 11'1 11 CCR SPelian 18984.a . {e) Self Hat1lers shall lu-.11 the-ir Sa1~m! S@far,·[email protected][email protected] t~cilit~ lhat l'ff-O~~d-ha~d tl\ell' SttllFCe Sepal'ateJ 8F9'1.'R GoHiainer afld &o~epa~tetl GFeen~t'IAt·--Ol'g.,iM&-W..~t~l}w.ast~~~tffm, anwily, - -p~ ,IJlat-pr•eeef,se!HH" -&>1-t>-~.SOU1.-ce ~~..Org..H1i€--Wast& [email protected], Self Ha11lers may ha1-;l Orga!'li-e-Waste H1a l!lgh l)i,;ersi9A OrgilRiE VJaste P-rocessl.il~~
ElweUiJigs) sh:\11 keep a reoor<l-oklle-amool't~e-4elwere-d ~"&lid W&~ fut:#i.W.~a4ieR-. iK'~. er f)~~ ~---,rac-~=& 0Fgame Wat.te; this rernr(l s l1all be s1;1 bjer.t ta h1 spe-t:ti1.1n by !he I 1~ risEI kt ien. The re rn FEis sllall ~re-ttttll'IWtttg-ifff&ffln!Mftf
f-1. l l)eUYery re1oei1Jt~ a11d ~,eiglH tld~ets fra~ the e11tity ae1oefHiF1g ~he was~e. fli -lhe <tll'HHffl't e.f !M~ffll-K' 1'-at~ t0t1s ffan!l1)f)f'Wcit,y ~er-awr-t.e each e11lity,
(.ij- -U:I.J1t'-fflL~~ftSp&l"ted te i'l~•foat 1.foes Ret ll~.-0r employs 5rales i11rapable et ,..,,ei.ghing the Self Ha1iler'!i vehide Ii; a maAR!'f ~k,ws-t~e-the-~~~wetl. the·S~l++la._i,lt'f' 45
R8-I: f'eqli~t'eti ~41ffl--the weight4mutfl'ial~ !.h~a-.-,ec~tlle entities that r@Hl,..~I the O~aA•c !t'laste,
f4t- Selr ~1-tllat ;1w Gem-tilt. Businesses fim:lttdifl~~4w.lti Ntmily S@lf M~) !;h;i!I
~~
pro•,ide tnten,:iatien rnllecled iR Seeti00 l"l ~!i. JOOfEJ te !1,1ri~dieH0A OI' R~ienal ~ A-4:~»ie-WMl~Fat-Or-tl~~~Fgill-l~~tt~
u, r;.•t-eFd er Fel)uR rnf.oFilla\1efl m SecH011 8.65.lGO{c) a11d-{-(ij,
8.65.110 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS (a) Persons applying for a permit from the lurisdic:tion 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 of CALGreen 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) Where five (S) 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 {2)
(3)
8.65.120
Container,-Br-CeRlaiRer and Green Container materials, consistent with the ~fettf"-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;-Browfl-~ff and Green Container materials, consistent with the ~fettf"-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for MultHamily 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.
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 guide lines regarding the collection, recycling, dive rsion, 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 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:
(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 ~ 8.65.120(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)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires Juris dictions 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,
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 Pffember 21. 202l-!am1a1y 18. 2022.
8.65.140 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION l,NEl ~~GIO~J.A.1,,
AGHNGI/
t m 1 •~d{<.Bl
(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, Se~r l~ aulers. 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 et' R@gienal t'.f:1!11£3/'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-Regio~f'f-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 arul-~-ietHtJ..~,-..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 QI· -Re-gion..ll -AgMKi'-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 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 tru:...a RegioAal Enforcement Official, in c9nSttltilttetrwit-tl Jurisdiction Enforcement Official. (A) lurjsdictwna!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
{l) lurisdictionalReg10nal 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 a,HJ.~~ Agett<--f'-!l 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 ofViolation,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 ifno 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 Single• Family 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 Single• Family 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 Cal Recycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) Appeals Process
(h)
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 will appoint a hearing officer who shall conduct the hearing and issue a final written order.
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(I) Civil Penalties for Non-Compliance
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AGENDA ITEM
December 16, 2025, City Council Meeting I
To:
From:
Date:
lsueJECT
Honorable Mayor and Members o
Darin Hale, Councilmember
December 16, 2025
Anderson Municipal Code Review Committee
I RECOMMENDATION
th-Deshais, City Manager
Discuss and provide potential action to form a permanent Ordinance Review Committee.
!FISCAL IMPACT
None
I DISCUSSION and BACKGROUND
During Item 11.0 - Council Reports/Comments at the December 2, 2025 meeting, Councilmember Hale raised the topic of having a discussion to form a permanent Ordinance Review Committee to work through recommendations and changes of the Anderson Municipal Code.
Standing committees of a legislative body, irrespective of their composition, which have either: (1) a continuing subject matter jurisdiction, or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. (California Government Code section 54952(b).) Even if comprised of less than a quorum of the governing body, a standing committee is subject to the Brown Act.
ITEM 8.1b PAGE1 12/16/2025
AGENDA ITEM
!December 16, 2025, City Council Meeting!
for Submittal By:
To Be Presented By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Through: Christy White, City Clerk
Date: December 16, 2025
jSUBJECT
Selection of Mayor and Vice-Mayor
I RECOMMENDATION
The City Manager recommends that the City Council:
1. Direct the City Clerk to conduct the Mayor and Vice-Mayor Selection procedures, and
2. Adopt a Resolution confirming the results of the Mayor and Vice-Mayor Selection Process for the year 2026.
I FISCAL IMPACT
There is no fiscal impact of this action.
ITEM 8.3 PAGEi 12/16/2025
...
I DISCUSSION and BACKGROUND
"Mayor and Vice-Mayor: Selection.
The Council shall select a Mayor and Vice-Mayor from its membership for a one-year term by majority vote of a quorum of the entire Council (at least 3 votes). The election shall be held at the second Council meeting in December of each year. Vacancies in such positions shall be filled by the Council in the same manner for the unexpired portion of the term.
Per direction from the Council on December 17, 2013, Staff created a process for the City Clerk to conduct the Mayor/Vice-Mayor Selection (Attachment 1) which has been successfully used for Mayor/Vice•Mayor Selections since that time.
Staff is recommending the City Council direct the City Clerk to conduct Mayor /Vice-Mayor Selection procedures and, once selections are made, adopt a Resolution certifying the selection.
I ATTACHMENT
1. Mayor/Vice-Mayor Selection Procedures
2. Resolution
ITEM 8.3 PAGE2 12/16/2025
CITY OF ANDERSON
CITY COUNCIL REORGANIZATION
MAYQR/VICE-MAYOR SELECTION PROCEDURES
ATTACHMENT 1
To assist in the procedure of nominating and selecting a Mayor and Vice-Mayor, the City Clerk shall conduct nominations and ask for a vote as follows:
1. Election of Mayor:
The City Clerk shall open nominations for the position of Mayor:
A. The City Clerk will ask for nominations by roll call. (Nominations cannot be accepted from members of the public.)
B. The City Clerk will ask the City Council if there are any other nominations, hearing none, the City Clerk will close the nominations.
C. Each member of the City Council nominated for Mayor will be allowed to comment briefly.
D. The City Clerk will conduct a roll call vote in the order in which nominations are received until a Mayor is elected by majority vote
E. The City Clerk will announce the results of the vote.
F. Once the next Mayor has been elected by the City Council, the City Clerk shall repeat the procedure for the selection of the Vice-Mayor.
2. Election of Vice Mayor:
The City Clerk shall open nominations for the position of Vice-Mayor:
A. The City Clerk will ask for nominations by roll call. (Nominations cannot be accepted from members of the public.)
B. The City Clerk will ask the City Council if there are any other nominations, hearing none, the City Clerk will close the nominations.
C. Each member of the City Council nominated for Vice-Mayor will be allowed to comment briefly.
D. The City Clerk will conduct a roll call vote in the order in which nominations are received until a Vice-Mayor is elected by majority vote.
E. The City Clerk will announce the results of the vote.
F. Once the next Mayor and Vice-Mayor have been selected by the City Council, the City Clerk shall ask for a motion/second to adopt a resolution confirming the result of the vote.
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
APPOINTING MAYOR AND VICE-MAYOR
WHEREAS, the positions of Mayor and Vice-Mayor for the City of Anderson are rotated on an annual basis; and
WHEREAS, according to the City Council's Rules of Procedure the position of Mayor and Vice-Mayor shall be determined by a majority vote of a quorum of the entire Council (at least three votes); and
WHEREAS, the City Clerk has conducted nominations and taken a vote by roll call for the Mayor (and the Vice•Mayor).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDERSON that _______ is hereby appointed to serve as Mayor (and ____ is hereby appointed to serve as Vice-Mayor) for the City of Anderson for the term expiring on December 31, 2026.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Anderson this 16th day of December 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susie Baugh, Mayor of the City of Anderson
ATTEST:
Christy White, City Clerk