1 AGENDA
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
REGULAR MEETING
TUESDAY SEPTEMBER 24, 2024
REGULAR MEETING @ 5:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the Acting City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility (28 CFR 35.102-35.104 American Disabilities Act Title II).
______________________________________________________________________________________ Zoom instructions and notes:
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2.Comments
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b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
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The public is urged to listen to the meeting in a quiet place to avoid background noise. We also request the public to MUTE your audio device when not commenting to avoid disruption during meeting. ** At this time, please take a moment to turn off your cell phones ** 3:00 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff.
APPROVAL OF AGENDA
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
CLOSED SESSION
CS1. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Manager
CS2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
3 Potential Case Significant exposure to potential litigation CS3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (2)
Number of Cases: One Matter Significant exposure to potential litigation CS4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APNs 205-330-35-0, 205-330-03-8
(Specify street address or, if no street address, the parcel number, or other unique reference of the real property under negotiation.)
City Negotiators: Victor Ponto, City Attorney, Eric Phillips, Special Counsel, Leila MoshrefDanesh, Deputy City Attorney Party With Whom City Is Negotiating:
Hal Aaron Companies
REPORT OUT OF CLOSED SESSION
CITY COUNCIL CONVENES TO REGULAR MEETING
3 5:00 PM REGULAR MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff.
DEPARTMENTAL REPORTS
a. Treasurer’s Report
b. Finance
c. Fire
d. Public Works
e. Police
f. Planning
g. Building
CITY CLERK REPORTS/RECEIVED COMMUNICATIONS
a. September 13, 2024 – $360,000 in Water Revenue Unaccounted for During 3-Months of FY 2023/24. b. September 14, 2024 – $175,000 om Sewer Revenue Unaccounted for During 3-Months of FY 2023/24. c. September 15, 2024 – The Cost of Prison Vacancy on Water & Sewer Enterprises Funds.
CIVIC/COMMUNITY/ORGANIZATION ANNOUNCEMENTS
PRESENTATIONS
Civic Plus Technical Infrastructure Improvements
PUBLIC COMMENT
This portion of the meeting is reserved for the public to address the City Council on any matter NOT on the agenda and over which the City Council has jurisdiction. Comments are to be limited to three (3) minutes. The City Council will receive the comments but cannot engage in back-and-forth discussion with the public or make any decision. The City Council can direct staff to bring the item back to a future agenda for discussion.
CONSENT CALENDAR
WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES
Consideration to waive full-text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.
All items on the consent calendar are considered routine, and non-controversial and will be approved by (1) one motion if no member of the council, staff, or public wishes to comment or ask questions. Public comments are to be limited to (3) three minutes. Roll call vote required.
CC1. Approve City Check Register dated 9/6/2024 through 9/19/2024. 4 CC2. Approve minutes of Special Closed Session meeting of September 9, 2024, at 10:00 a.m.; Special City Council Budget Workshop Meeting of September 9, 2024, at 1:00 p.m.; Special City Council Budget Workshop Meeting of September 17, 2024, at 7 p.m.
CC3. Waive Further Reading and Adopt Ordinance No. 24-818, An Ordinance of the City Council of the City of California City, Amending Title 6, Chapter 2, and Chapter 10 of the California City Municipal Code Approving said amendments. (Second Reading & Adoption).
CC4. SB 1383 Recovered Organic Waste Product Procurement for 2024.
CC5. Notice of Completion – TDA Art 3 Hacienda Blvd Pedestrian Improvements Project – From South Loop Blvd to Manzanita Avenue.
CITY MANAGER REPORT
Oral report
CONTINUED BUSINESS
CB1. Fund Nation Contract.
Staff Report by: Latisha Lamberth, Acting City Manager
Recommendation: Staff Recommends that the City Council Approves this Contract.
CB2. ARPA Funds Allocation.
Staff Report: Latisha Lambert, Acting City Manager
Recommended Action: Staff recommends the City Council Approves Suggestions to Reallocate ARPA Funds.
CB3. Skate Park Design Concept Provided by American Ramp Company.
Staff Report: Leanndra Weible, Parks Coordinator
Recommended Action: Staff Recommends that the City Council Approve the Presented Design Concept with the Minor Changes Requested by the Non-profit “Skate For Something”.
NEW BUSINESS
NB1. Select Delegate and Alternate to the General Assembly Meeting of the League of California Cities from October 16 through October 18.
Staff Report: Daryl A. Betancur, City Clerk
Recommended Action: Staff Recommends that the City Council Selects Among its Members a Representative and Two Alternate Representatives to the League’s General Assembly Meeting.
NB2. Execution of Program Supplement Agreement No. F025 to Master Agreement No. 09-5399F15 for Roadway Rehabilitation – California City Boulevard, Shoulder Paving from Baron Boulevard to Maverick Street – CML -5399 (034) of the Federally Funded Congestion Mitigation and Air Quality (CMAQ) Project Funding.
Staff Report: Joe Barragan, Public Works Director
Recommended Action: Staff Recommends that the City Council Approves and Adopts Resolution No. 24-3059, A Resolution of the City Council of the City of California City, Approving 5 Program Supplement Agreement No. F025 for Project CML – 5399 (034) and Authorize the Acting City Manager and/or Public Works Director to Sign and Execute the Agreement.
NB3. Bulletproof Vests Through Patrick Leahy Bulletproof Vest Partnership.
Staff Report: Shannon Hayes, Acting Chief of Police
Recommended Action: Staff recommends that the City Council Approve the Purchase of bullet proof vests from ProForce.
.
NB4. Amend the California City Municipal Code Article 24.5- Residential Tiny and Small Homes Overlay zone.
Staff Report: Karin A. Schambeck, Deputy City Attorney
Recommended Action: Staff Recommends that the City Council Waives Further Reading and Introduce Ordinance No. 24-819, An Ordinance of the City Council of the City of California City, Amending Article 24.5 – Residential Tiny and Small Homes Overlay Zone and Increasing the Garage Size Limitation to 800 Square Feet and Include O/RA Parcels of 10 Acres or Greater in the R-THO Overlay Zone District. (First Reading & Introduction).
NB5. Approve and Adopt a Resolution Adopting a Preliminary Budget for Fiscal Year 2024-2025.
Staff Report: Latisha Lambert, Acting City Manager
Recommended Action: Staff recommends the City Council Adopt Resolution No. 24-3060, A Resolution of the City Council of the City of California City, Adopting a Preliminary Budget for Fiscal Year 2024-2025.
COUNCILMEMBER COMMENTS, AGENDA REQUESTS, AND AB1234 REPORTS This portion of the meeting is reserved for council members to present information, announcements, and items that have come to their attention. The Brown Act precludes Council, staff, or public discussion. Short staff responses are appropriate. The Council will take no formal action. A Council member may request the City Clerk to calendar an item for consideration at a future meeting or refer an item to staff.
ADJOURNMENT
AFFIDAVIT OF POSTING
6 I, Daryl A. Betancur, City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City’s website at least 72 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards.
Dated: September 20, 2024
_____________________________
Daryl A. Betancur, MPA, MMC
City Clerk
Balance on Net Balance on Percent
7/31/2024 Transactions 8/31/2024 of Total
Bank of the Sierra -- General Checking $ 950,097 $ 3,207,755 $ 4,157,852 25.13% Bank of the Sierra -- Cannibas Checking $ 631,474 $ 118,021 $ 749,495 4.53% Sub-Total Operating Accounts $ 1,581,571 $ 3,325,776 $ 4,907,347 Balance on Net Balance on Percent
7/31/2024 Transactions 8/31/2024 of Total
Local Agency Investment Fund (122) $ 6,005,832 $ - $ 6,005,832 36.30% Kern County Investment Fund (20202) $ 4,591,925 $ 16,640 $ 4,608,565 27.86% Multi-Bank Securities (CD Manager) $ 1,016,530 $ 5,992 $ 1,022,522 6.18% Sub-Total Investment Accounts $ 11,614,288 $ 22,632 $ 11,636,919 Total City Operating Funds $ 13,195,859 $ 3,348,407 $ 16,544,266 100.00% Checking & CD Accounts 7/31/2024 Net Transactions 8/31/2024 Housing Corp. -- Bank of the Sierra, Checking $ 1,866,779 $ 22,627 $ 1,889,406 71.55% Housing Corp. -- Bank of the Sierra, CD 7653 $ 109,461 $ 440 $ 109,900 4.16% Housing Corp. -- Bank of the Sierra, CD 7654 $ 136,915 $ 549 $ 137,465 5.21% Housing Corp. -- Bank of the Sierra, CD 6574 $ 250,971 $ 1,007 $ 251,977 9.54% Housing Corp. -- Bank of the Sierra, CD 6582 $ 250,971 $ 1,007 $ 251,977 9.54% Total Housing Corporation Funds $ 2,615,097 $ 25,629 $ 2,640,726 100.00% Checking & CD Investment Accounts 7/31/2024 Net Transactions 8/31/2024 SDI -- Bank of the Sierra, Checking $ 518,735 $ (63) $ 518,672 0.58% SDI -- Bank of the Sierra CD $ 255,946 $ 1,027 $ 256,973 0.29% SDI -- US Bank Investments *$ 87,133,059 $ 950,556 $ 88,083,614 99.13% Total SDI Agency Funds $ 87,907,740 $ 951,519 $ 88,859,260 100.00% Checking & Investment Accounts 7/31/2024 Net Transactions 8/31/2024 Successor -- Bank of the Sierra, Checking $ 179,555 $ 7,500 $ 187,055 13.20% RDA/Successor -- US Bank Investments $ 1,229,764 $ 1 $ 1,229,764 86.80% Total Successor Agency Funds $ 1,409,318 $ 7,501 $ 1,416,819 100.00% California City, California 93505
TREASURER'S MONTHLY REPORT OF INVESTMENT
August 2024
The values presented in this report are as of the last bank day of the month and are only a snapshot in time.
The General Funds investment portfolio consists of funds for operations, Capital Improvement Projects (CIP), water rate stabilization, administration replacements and reserves.
General Operating Accounts
General Investment Accounts
Restricted Housing Corporation Accounts
Restricted SDI Accounts
Note: Interest earned from the SDI CD is directly deposited into the SDI checking account monthly.
Restricted RDA/Successor Agency Accounts
1 of 2
INVESTMENT POLICY
* Contact City Finance Manager for US Bank investment breakdown. 7/31/2024 8/31/2024
Beginning Market Value 85,669,617 87,133,059
Ending Market Value 87,133,059 88,083,614
1,463,442 950,556
7/31/2024 8/31/2024
Beginning Market Value - -
Ending Market Value - -
- -
7/31/2024 8/31/2024
Beginning Market Value 1 107,681
Ending Market Value 107,681 107,681
107,681 0
7/31/2024 8/31/2024
Beginning Market Value 1 260,000
Ending Market Value 260,000 260,000
259,999 0
7/31/2024 8/31/2024
Beginning Market Value 862,082 862,082
Ending Market Value 862,082 862,082
- -
Total RDA/Successor Investment Assets 1,229,764 1,229,764 Total "US Bank" Investment Assets 88,362,822 89,313,378 California City, California 93505
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX INTEREST
TREASURER'S MONTHLY REPORT OF INVESTMENT
August 2024
The Treasurer shall invest the City's monies as permitted in the Citie's approved investment policy and approval of both the City Manager and Finance Director. The Treasurer shall consider current and projected cash needs in making such investments.
US Bank
SDI Account
Market Value Summary - CUSTODIAN ACCOUNT
Investment Results (Acct. Number 104388-010)
US Bank
RDA/Successor Agency Accounts
Market Value Summary - REDEVELOPEMENT AGENCY PROJ AREA TAX Investment Results (Acct. Number 211146000)
Investment Results (Acct. Number 211146001)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX PRINCIPAL Investment Results (Acct. Number 211146002)
Market Value Summary - SUCCESSOR AGENCY Proj Area TAX RESERVE Investment Results (Acct. Number 211146003)
2 of 2
California City California City
Fund Balance @ 8/31/2024 Fund Investment @ 8/31/2024
Row Labels Fund Bal Row Labels Fund Bal
Airport -$1,216,506.25 * All -$16,962,246.92
Aspen $178,983.69 Cash Allocated to Other Funds -$16,962,246.92 DAR -$1,385,452.78 * All2 $16,962,246.92
GF $9,498,051.02 * Accounts Rec Cash Clearing -$155.95
GF-OHV G -$1,242,946.46 * Business License Cash Clearing -$12,052.53 GF-OHV P $134,330.20 * Cannabis - Bank of the Sierra $767,205.75 GF-PS FD $2,086,577.77 * Checking - Bank of the Sierra $3,434,824.55 GF-PS FD Prop 64 -$303,310.66 * Kern County Investment Pool $4,382,993.32 GF-PS PD -$1,474,498.85 * Local Agency Investment Fund $7,383,445.21 GF-Str -$3,218,356.67 * Multi-Bank Securities $988,280.38 GF-TDS -$3,131,413.85 * Utilities Cash Clearing $17,706.19 Housing -$677,417.14 Grand Total $0.00
Reserves FD $400,000.00
Reserves GF $3,000,000.00
Reserves PD $356,526.12
Restricted Funds $4,282,221.40
SDI -$113,642.65
Sewer $3,934,432.05
Successor -$182,320.58
Water $6,036,990.56
Grand Total $16,962,246.92
-$253,526.53 * Represents available general fund related cash balances as of report date M:\Monthly Financials\02-Aug 2024\Fund Balance Recon 8.31.24 To preserve the quality of life, property, and the environment within our community, state, and nation through education and the professional delivery of emergency medical fire and rescue service.
Aug 2024 Monthly Report
Current Notable Events:
• The California City Fire Department has been very busy in August. The department has been very active in cannabis enforcement and the department has seen an increase of violations and citations. The fire department has also been very active in fire prevention, with multiple meetings with developers occurring throughout the month. The Fire Chief was able to secure some additional funding to replace and upgrade the fire department fleet through developer funding. This should have a positive effect on efficiency, reliability, and overall safety for the department and community for many years to come.
PROJECTS STATUS
Carl Moyer AQMD Engine
Replacement Grant:
Approved $153,211.00 awarded towards the
purchase of a new Fire Engine
FEMA SAFER Grant
Staffing Retention
Applied- 4/12/24 Awaiting decision in the fall
Kern County OES- EOC Mobile
Comm Equip.
Awarded Awaiting Fulfillment
Specialty Programs:
• Ultrasound Scans
o The program trial study has ended and is now being approved for inclusion as an optional statewide skill for all paramedics.
• Pet Chip Reader Scans
o Aug: 0 scans
o Annual 2024: 14
Fire Prevention, Inspections, and Education:
• Regular business inspections are underway.
• SB1205 State Mandated Inspections- still underway.
• Plan Review, Construction Inspection, and acceptance testing requests are steady. • Prop 64 inspections- increasing frequency.
Fleet Maintenance
Unit Status
Incident Command Vehicle Replacement Vehicle Ordered- Due to arrive November 1, 2024.
Brush Patrol In-service
Four-wheel drive repaired
Arson Unit Need of replacement- end of life
Fire Prevention Unit Replacement Vehicle Ordered- Due to arrive December 1, 2024.
Code Enforcement Vehicle- Escape Out of service
2 years in repair-unknown ETA due to no parts.
Code Enforcement Vehicle- F150 Marginally in-service
Numerous issues.
Seagrave Reserve Type-I Engine
(Reserve)
Out of service
Too costly to repair
American La France Type-I Engine
(Reserve)
marginally in-service
Several DOT issues require heavy maintenance and
repair (waiting for budget).
Pierce Type- I Engine (Front-line) In Service.
Type-III Engine (Wildland) In Service
Rescue Squad In-service- Assigned as the Command
Vehicle
Two tires replaced due to dangerous blowout
General Fleet Comments:
• Small vehicles are experiencing increasing and consistent mechanical issues and component failures due to age. Vehicle values do not match the necessary costly repairs. • Small equipment is receiving regular maintenance.
• Searching for grants and other alternatives for vehicle replacement. The Fire Department has received dedicated funds from Solar developers to begin replacing much of the fleet at no cost to the taxpayers.
Incident Statistics
2024 Aug 2023 Aug
• Fires: 16
o Structure: 5
o Vehicle: 2
o Outside vegetation: 6
o Dumpster: 1
o Fire, Other:2
• EMS: 138
• Hazardous Condition (no fire): 5
• Service/Assist Calls: 16
• Good Intent Calls: 74
• False Alarms: 18
Aug 2024 Simultaneous Calls:10
Aug 2024 Total Call Volume: 267
• Fires: 12 o Vehicle/Other: 2
o Building: 3
o Natural Vegetation Fire:4
o Outside/Rubbish: 1
o Other/Fireworks: 2
• EMS:139
• Hazardous Conditions: 13
• Service/Assist calls: 11
• Good Intent: 53
• False Alarms: 8
Aug 2023 Simultaneous Calls:165
Aug 2023 Total Call Volume: 236
Code Enforcement Aug 2024 Stats
Location Type Location Field Date From To
All All 08/01/2024 08/31/2024
Case Activity:
Total
New Cases 52
Closed Cases 50
Open Cases at start of period 280
Open Cases at end of period 282
Violation Activity
New Violations Cited Total
ABANDONED REFRIG/APPLIANCE 2
ABANDONED/INOPERATIVE VEHICLES 14
ACCUM OF TRASH/RUBBISH-PRIVATE PROPERTY 10
BUILDING WITHOUT PERMIT 2
Cannabis Odor Citations 12
Cannabis Business Permit Required 2
Cargo Container 3
CCMC 5-1.501 DANGEROUS BUILDING 1
CFC ACCUM OF COMBUSTIBLE MATERIAL 10
CFC ACCUMULATION OF COMBUSTIBLE VEGETATION 10
CFC Extraction not CBC compliant/ Construction 1
CFC Extraction Permit Required 1
CFC Extraction, 20-B Extinguisher Required 1
CFC Extraction must use Approved Equipment 1
CFC Fire Extinguisher Requirements 1
CFC Fire Protection Water Supply Insufficient 1
CFC Fire blocking/Penetrations 1
CFC Hazardous Materials Management Plans 1
CFC Knox Box Keys Changed/ Not Current 1
CFC PREMISES IDENTIFICATION 6
CFC Rescue opening blocked, residential 1
CFC Secure Compressed Gas Cylinders 1
CFC UNSECURED VACANT BUILDING 4
DANGEROUS POOL 1
DOG LICENSE REQUIRED 1
ENCROACHMENT 6
FAIL TO MAINTAIN VACANT PROPERTY 5
FENCING VIOLATION 15
Fire Inspection 4
garage sale signs 2
Health & Safety 1
Illegal Dumping 8
ILLEGAL SIGNS 2
IPMC 302.5 Rodent harborage 1
IPMC 304.1 Exterior structure issues 1
LANLORD/ TENANT ISSUE 1
LIVING IN RECREATIONAL VEHICLE 10
MOBILE VENDING 1
NO BUSINESS LICENSE 2
NO YARD SALE SIGN PERMIT 2
Open Pit or Excavation 2
PUBLIC NUISANCE (Building safety) 1
Red Tagged 1
Squatting/ Illegal Camping w/o Owner's Permission 7
SUBSTANDARD HOUSING 2
Substandard Housing Water Issues 1
TRAILER NOT ATTACHED TO VEHICLE CAPABLE OF TOWING SAME 1 Trash Can Lids 3
TRASH CANS LEFT OUT 2
UNLAWFUL STORAGE IN YARDS 23
Unlawful temporary property use. (Activity or business on a vacant lot) 7 UNPERMITTED YARD SALE 3
VEHICLE (S) (CHOPPED) 1
Yard Sale Permit Issued 15
Totals 220
Public Works Monthly Council Report
August 31, 2024
Desert Clean Up Crew FY Total August Total
Total Work Orders: 94 94
Closed Work Orders: 94 94
Open Work Orders: 0 0
Dial-A-Ride FY Total August Total
Regular Fares $ 1,566.00 $ 850.00
Seniors/Disabled/Children $ 716.00 $ 716.00
Desert Jade $ 76.00 $ 76.00
Total Fares $ 1,642.00 $ 1,642.00
Number of Riders 1,217 1217
Number of Operating Days 19 19
Street Department FY Total August Total
Total Work Orders: 121 121
Closed Work Orders: 121 121
Open Work Orders: 0 0
Asphalt Patch(s) sq.ft.: 1,210 1,210
Pot Hole Repair(s) p.h.: 628 628
Water Department FY Total August Total
Total Work Orders: 74 74
Closed Work Orders: 74 74
Open Work Orders: 0 0
Meter Replacement(s): 0 0
New Meter Installments (Service): 0 0
New Main Water Line Extension (linear feet): 0 0
Main Water Line Replacement(linear feet): 0 0
Main Sewer Line (linear feet): 0 0
Water Service Line (linear feet): 14 14
Standby Callouts: 328.5
Citizen Complaints: 14 14
*Information found in this report is based on the following dates:
*Monthly* August 1, 2024 through August 31, 2024.
* Fiscal Year* August 1, 2024 through August 30, 2025
BHT Engineering, Inc.
UPDATED: 9/10/2024
FEDERAL / STATE FUNDED PROJECTS
1 20407 3/18/2021 Mendiburu Rd
Reconstruction. 5399-(031)
CMAQ paving of existing dirt road from
Hacienda to Neuralia.
City approved program supplement 02/23/2021. Environmental completed. Design In Progress. Invoices sent to Caltrans.
Construction plans ready, project specifications in progress, staff report for council approval of bidding phase January 17th 2023.
Bids opened March 16, 2023. 6 bids received; apparent low bidder is Granite Conts. Project Underfunded. Requested more CMAQ funds to Kern COG. 4/5/23 TTAC committee
recommended additional CMAQ funds. 4/20/23 Kern County
Board voted to authorize additional funds $993,669. 06/13/23 - Council awarded project to Granite Const. Construction
COMPLETED. 4/23/24 - City Accepted project, City Clerk to file NOC w County. 08/06/24 – Caltrans conducted post-construction review - all in order. 08/19/24 – Received Bridge ID 50C0419 from Caltrans. 08/28/24 – Received Contractor executed Exh 17-F and 17-O, reviewed and emailed a copy to Peter Mututwa @ Caltrans. --Caltrans Close-out in progress
2 21420 7/13/2021 HSIP Cycle 10 - Pedestrian
improvements On CCB from Yerba to Neuralia
3/26/21: Caltrans approved project. Caltrans approved PE funds on 08/02/21. Preliminary engineering Completed. 03/16/23 – Received Construction allocation letter from Caltrans. Bid Opening 6/22/23 - awarded to Cen-Cal Construction. Const.
Completed. 4/23/24 - City Accepted project, City Clerk to file NOC w County. Caltrans Close-out in progress
3 22405 4/18/2022 TDA ARTICLE 3 Pedestrian
Improvements
Hacienda Ave sidewalk curb and gutter
between So. Loop Blvd and Manzanita Ave.
Kern COG selected project for $170,538 in TDA grant funds on 03/24/2022. Project awarded to Cen-Cal Construction. First day of construction 06/10/24, project physically completed, as of July 9, 2024. Project close-out and acceptance in progress.
4 22408 7/25/2022
CDBG # 13.21.1 Balsitis Park
Playground and basketball
court
Prepare construction plans and Specs for new
construction of playground equipment and
basketball court
Council to authorized project advertisement on 6/13/23. Project awarded to ANM Construction. Construction in progress,
estimated completion day October, 2024
5 23401 1/4/2023 Hacienda Blvd Rehabilitation
5399-(033)
RSTP On Hacienda Blvd from Manzanita Ave
to Redwood Blvd - Prepare construction plans
and Specs for new Hacienda Blvd pavements
rehabilitation.
Received Caltrans E-76 on 02/08/2023 Authorization to Proceed with Preliminary Engineering. Project will designed together with TDA Art 3 project. 05/03/23 – Received fully executed program supplement agreement – and forwarded to City Staff. - Design Completed. 02/04/24 – Received and filed Const. E-76 from Caltrans. Bid opening July 11, 2024. 08/15/24 – City Council did not approve award of the project. 09/10/24 – Council approved award of project. 09/11/24 – Completed Award & Contract docs and emailed to Contractor & CC’D City Staff.
6 24411 8/2/2024 CMAQ - California City Blvd -
Shoulder Paving
On CCB from Baron Blvd to Maverick St. -
Request Preliminary Engineering Phase
08/13/24 – Completed PE RFA and emailed to Caltrans for execution. Kern COG emailed EPSP to City and to Caltrans. 08/29/24 – Received PE E-76 and FN from Caltrans. 09/04/24 – Received program supplement from Caltrans at 9/24/24 CC meeting for acceptance. 09/09/24 – Received City executed Task order for PE. - Design/Environmental Phase In Progress SB1 FUNDED PROJECTS
1 23406 5/24/2023 SB1- 2023 Call for Projects Redwood Blvd. - Frontage Rd Rehab - South side from Graham St. to 85th St.
Caltrans reviewed and accepted project on June 28, 2023. Design to begin April 2024. Project out to bid. Bid opening September 17, 2024
2 24407 5/7/2024 SB1- 2024 Call for Projects Kenniston St pavement rehabilitation from CCB to Walpole SB1 2024 submittal completed uploaded to CalSMART
LOCAL FUNDED PROJECTS
1 19410 8/19/2019
CMAQ Redwood Blvd. Rehab.
5933-(029) - Preliminary
Engineering
500-ft East of Hacienda Blvd. to 98th Street
12/02/19: Environmental Completed. 2/01/21: Email & Phone comm with Raquel Pacheco from Kern COG. City applied for 2021 CMAQ Call for projects. Kern COG Recommended
Construction funds for funding 2021 CMAQ Call for Projects. 03/07/24 – Const RFA submitted to Caltrans for processing. 04/24/24 - Receive Caltrans Const E-76 and Finance Letter. 04/30/24 – Received PSA from Caltrans - City to accept PSA at 5/14/24 CC meeting. 06/17/24: Spectrum and Frontier to adjust utilities. Project Bid Out expected end of September 2024.
Task Order
Executed
/Received
CITY OF CALIFORNIA CITY
BHT PROJECT # PROJECT NAME / Limits PROJECT DESCRIPTION STATUS
PUBLIC WORKS DEPARTMENT ACTIVE PROJECTS LIST
BHT Engineering, Inc.
2 22403 3/14/2022 Striping Plan at Redwood
Blvd. & 98th Street
Prepare Striping Plan for Installation of STOP
Sign and markings at the intersection of
Redwood Blvd. & 98th Street.
03/29/22 - Finalized DRAFT Striping Plan and emailed to City Manager (Anne Ambrose) for her to verify with consultant Engineer and City Attorneys if this is what they recommend. 08/06/22: Forwarded email from former City Manager (Anne) to City Manager (Doug) . 10/21/22 & 12/01/22: Forwarded email to Interim City Manager Dr. Jim Hart - regarding approval of striping plan by City Council. 10/23/23 - Sent email dated 10/4/22 to Joe Barragan regarding approval of striping plan by City Council.
Also sent copy of Draft Striping Plan.
3 22411 3/7/2023 Indian Wells VGA Project
IWVGA (Indian Wells Valley Groundwater
Authority) Pipeline Project from Cal-City to
Ridgecrest
Began communications with Provost and Prichard Engineers for initial project planning and impacts on Cal-City's right of way.
Indian Wells to reimburse for all plan checking and project coordination process within City's right of way. Ok to continue per PW email 03/07/2023. 10/04/23 City received $30K initial fee from Indian Wells Valley Groundwater Authority. Project coordination continues
4 23404 5/24/2023 2023 RSTP Call for Projects Cal City Blvd. Rehab- from Hacienda Blvd. to 94th Street
Application submitted to Kern COG on 07/12/23 - Project Approved in 2023 FTIP Amendment 11 - PE fund available FY 24-25, Const in FY 25-26
5 23409 6/11/2021
Isabella Blvd new water main
construction from CCB to
Moss
Prepare construction plans and Specs for new
construction of 12" water main on Isabella
Blvd from CCB to Moss Ave (Approximately
9,000 ft). Formal bidding process.
Design completed, currently waiting construction grant funds allocation
6 23410 6/11/2021
CCB new water main
construction from Yerba to
Neuralia
Prepare construction plans and Specs for new
construction of 12" water main on CCB from
Yerba to Neuralia (Approximately 10,000 ft).
Formal bidding process.
Project on hold until funds are available
7 23411 8/9/2023 Well 3 Motor upgrade
Prepare One-Line Diagram for Well #3 for
new 200 HP well motor, plans and
specifications. Formal bid process
Currently seeking natural gas powered motor with Waukesha contractor. Quote preparation is in progress.
8 23412 7/27/2023 Splash Pad Skating Park
project
Prepare construction plans and specifications
for the construction of new splash pad and
skate park including onsite and offsite
improvements
Bid opening March 27, 2024. No bids received. Waiting for Council direction. Seeking contractors using Source well.
Project re-bid flat work only Sep 16.
9 TBD TBD New 8 in Sewer Main
Lahontan application
Prepare application for new 8 in sewer main
on Cal-City frontage rd. from So. Loop to 88th
St. then, on Aspen to Corwin, the along
Corwin to Catalpa approx. 2,520 feet
Lahontan Sewer main construction application. Waiting City's direction
11 23415 n/a Rancho Tracts Grants Rancho Tracts water replacement project Grant for project funding was prepared and sent State. Application submitted March 2024. One million awarded to project,
implementation steps in progress. Received email from
awarding agency.
12 24403 2/29/2024 Golf Course Backflows Backflows' Replacement Project Survey completed. Expected project award August 27, 2024 13 24405 6/13/2024 Well 10 Rehabilitation Well 10 Rehabilitation Layne preparing a quote for rehabilitation expected end of Augus.
After analysis of Layen proposal, project will put out to bid. 14 24409 6/13/2024 Wonder Acres Water Tank Install a 90,000 gal water storage and pumping equipment
Currently preparing land Record of Survey and set property corners. Record of Survey completed, property corners in the ground. Topographic survey in progress.
15 24412 8/12/2024 HSIP Call for Projects Install traffic light at Isabella and CCB intersection
Application submitted Sep 9-2024. This program in very
competitive
UPDATED: 9/10/2024
There was a check request for BHT Engineering Services at the last council meeting. Here is a breakdown of how it is paid:
Total Check $ 151,990.66
The Developers Paid $ 65,864.66
The State Grants Paid $ 15,758.95
The Federal Grants Paid $ 45,107.10
The County Grants Paid $ 2630.00
The City Paid $ 22,629.95
It's important to note that the City imposes an additional 10% charge on BHT fees for developers. This means that the City will receive an extra $6,586.47 from developers for the BHT costs.
If we include those savings, the Net cost to the CITY for BHT services for the $151,990.66 was only $16,043.48.
California City Police Department
0 0 0 0 0
2020 2021 2022 2023 2024
MURDER-JULY
0 0 1 5 5
14 5 4 0
JULY 2024 PART 1 CRIMES
BY AREA
12 17 20
4 7
2020 2021 2022 2023 2024
TOTAL VIOLENT
CRIMES - AUGUST 24
11 13
22 16
2020 2021 2022 2023 2024
TOTAL PROPERTY
CRIMES - AUGUST
0 1 1 1 4 4 4
8 0
AUGUST 2024 PART 1 CRIMES
BY AREA
AUGUST 2024 Stats
JULY 2024 vs AUGUST 2024 Down by 32%
Part 1 Crimes July 2024 – 34
Part 1 Crimes August 2024 – 23
36 32 28
26 23
0 10
20 30
40 2020 2021 2022 2023 2024
TOTAL PART 1 CRIMES
Total Violent and Property Crimes Reported 2020 - 2024
August Part 1 Crimes - as of 09/16/2024
California City Police Department
AUGUST 2024 – PATROL STATISTICS
Total Incidents (August): 1,582 Total Arrests (August): 28 Felony Arrests: 17 Misd. Arrests: 11 Total Incidents (2024): 13,424 Total Arrests (2024): 242 Felony Arrests: 116 Misd. Arrests: 126 Calls for Service (August): 1,231 Calls for Service (2024): 9,767 Citations Issued (August): 22 Citations Issued (2024): 264 • The department continues to promote opportunities to hire new officers. Currently accepting applications for laterals.
0 50 100 150 200 250
Total Animals In
Adoptions
To Rescues
Canvassed
Warnings Issued
Returned to Owner
Put to Sleep
Licenses Issued
Citations
Dog Bites
Owner Surrender
Calls to PD/Shelter
DOA
California City Animal Shelter Stats
August, 2023 August, 2024
California City Animal Shelter
August 2024 Totals
California City
Animal Shelter Stats
Criteria August, 2024 August, 2023
Total Animals In 26 60
Adoptions 10 31
To Rescues 2 7
Canvassed 39 82
Warnings Issued 31 34
Returned to Owner 1 9
Put to Sleep 0 0
Licenses Issued 14 23
Citations 1 2
Dog Bites 4 2
Owner Surrender 0 0
Calls to PD/Shelter 219 89
DOA 4 12
DEPARTMENT REPORT
CITY COUNCIL MEETING
SEPTEMBER 24, 2024
FROM: PLANNING DEPERTMENT
SUBJECT: MONTHLY PLANNING DEPARTMENTAL REPORT
Staff
• Consultant Planner: Anu Doravari
• Planning Admin: Lilia Garcia
Projects and Applications
This report includes the following items:
A. Active Planning Projects under Review
B. Director’s Hearings
C. Financial Report for August 2024
A. Active Projects
Project Code Project
Name/Description Status Remarks
SPR 22-44 KUDU Solar SPR Approved; PC and CC
Approved
Grading permit
review
SPR 22-45 Bellfield Solar Decommissioning Bond re-draft by applicant
SPR 24-10 Coastal Service Corp
(Cannabis) DH Scheduled
SPR 21-48 Willow Wellness
(Cannabis) Application resubmitted
CUP Church Site Plan Revisions
CUP Concrete Factory Missing docs advised
CUP Mobile Home Park Staff review complete
B. Director’s Hearings
Project Code Project Name DH Date
SPR 24-10 Coastal Service Corporation 23 Sept 2024
C. Financial Report - August 2024
Details of the financial report for August 2024 highlighting revenue, expenses, and any notable financial activities or changes.
California City Building Departmental
Report FY 2024 - 2025
August 2024
August Total Fiscal Year Total to Date
168 367
46 120
6 11
2 2
95 204
66 117
66 117
10 21
0 0
0 0
Total Permits Issued 79 150
Building
Inspections
Projects Finaled
Commercial Inspections
Commercial Inspection Finaled
Permit Applications Received
Plan Checks Received (Solar, Construction, BHT)
Plan Check Completed
New Residential Home Permits
New Commercial Building Permits
New Cannabis Building Permits
BLOCK WALL 1
CANNABIS APPROACH
CANNABIS FINAL
CARPORT
CODE ENFORCEMENT (RED TAG)
COMMERCIAL FINAL
DRAINIAGE
DRYWALL NAILING 8
ELECTRICAL PANEL
ELECTRICAL RELEASE 9
ELECTRICAL ROUGH 11
FIRE SEPERATION WALL
FOOTING AND SLAB 5
FOUNDATION
FRAMING FLOOR
FRAMING ROOF SHEATHING 14 1-COMM PATIO FOOTINGS
FRAMING ROUGH (Walls/Shear Panels) 10
GARAGE/SHED
GAS PRESSURE TEST
HVAC 3
HOT MOP/SHOWER PAN 2
INSULATION 7
LATHING 6
LEACH FIELD
MECHANICAL ROUGH 10
N-SFD FINAL 13
PANEL UPGRADE 2
PATIO FINAL
PATIO COVER 2
POOL
PLUMBING ROUGH 10
RE-ROOF 3
SEEPAGE PIT 2
SEPTIC TANK 2
SET BACKS 9
SEWERLINE
SIDING
SOLAR 25
SPECIAL INSPECTION
SPECIAL TRENCH
TEMP ELECTRICAL
UFER FOR ELECTRICAL SERVICE
UNDERGROUND ELECTRICAL
UNDERGROUND PLUMBING 8
WATER HEATER 1
WINDOWS 4
MISCELLANEOUS 2
168
RESIDENTIAL INSPECTION DETAILS AUG 2024 RES TOTAL INSPECTIONS AUG 2024 RES COMPLETE/FINAL INSPECTIONS 46 168
RESEDENTIAL CORRECTIONS AUG 24
35 6
3-COMM CHURCH,
ELECTRICAL,FRAMING, PLUMING
COMM INSPECTIONS AUG 2024 COMM FINAL INSPECTIONS
1-FINAL CARPORT HYUNDAI
2 COMM CORRECTIONS AUG 2024
1-BELLFIELD SOLAR FENCE ZONE 15
3 Permit Date Permit Type Site Address Parcel # Description 8/7/2024 R- NEW SFD 8133 Glade
Ave
204-171-21 New SFD 1731 sqft, 4
bed, 2 bath, 459 sqft
attached garage, 129
sqft patio
***SEWER/SEPTIC
CONNECTION REQUIRE
SEPARATE PERMIT***
MAIN PANEL SERGE
PROTECTORS, AND
24" FOOTINGS OR
SOILS TESTS
REQUIRED ON ALL
NEW BUILDS
8/7/2024 R- NEW SFD 7236 Bay Ave 211-203-01 New SFD 1731 sqft, 4 bed, 2 bath, 459 sqft
attached garage, 129
sqft patio
***SEWER/SEPTIC
CONNECTION REQUIRE
SEPARATE PERMIT***
MAIN PANEL SERGE
PROTECTORS, AND
24" FOOTINGS OR
SOILS TESTS
REQUIRED ON ALL
NEW BUILDS
August '24 Building Permit Report
08/01/2024 - 08/31/2024
20681
California
City Permit
20680
Page: 1 of 3
8/7/2024 R- NEW SFD 8218 Karen
Ave
213-296-01 New SFD 1731 sqft, 4
bed, 2 bath, 459 sqft
attached garage, 129
sqft patio
***SEWER/SEPTIC
CONNECTION REQUIRE
SEPARATE PERMIT***
MAIN PANEL SERGE
PROTECTORS, AND
24" FOOTINGS OR
SOILS TESTS
REQUIRED ON ALL
NEW BUILDS
8/6/2024 R- NEW SFD 8541
Jacaranda Ave
203-213-06 New SFD 1731 sqft, 4
bed, 2 bath, 459 sqft
attached garage, 129
sqft patio
***SEWER/SEPTIC
CONNECTION REQUIRE
SEPARATE PERMIT***
MAIN PANEL SERGE
PROTECTORS, AND
24" FOOTINGS OR
SOILS TESTS
REQUIRED ON ALL
NEW BUILDS
8/6/2024 R- NEW SFD 8173 Kalmia
Ave
203-252-15 New SFD 1731 sqft, 4
bed, 2 bath, 459 sqft
attached garage, 129
sqft patio
***SEWER/SEPTIC
CONNECTION REQUIRE
SEPARATE PERMIT***
MAIN PANEL SERGE
PROTECTORS, AND
24" FOOTINGS OR
SOILS TESTS
REQUIRED ON ALL
NEW BUILDS
20682
20677
20678
Page: 2 of 3
8/5/2024 R- NEW SFD 8636 Peach
Ave
203-384-09 New SFD single story
1571 sqft 3 bed 2 bath,
578 sqft attached
garage, 268 sqft patio,
roof mount solar 2.83
kw, 7 modules.
***SEWER/SEPTIC
CONNECTION
REQUIRES SEPARATE
PERMIT***
8/5/2024 R- NEW SFD 21142 72nd St 299-161-17 New SFD single story 4 bed 2 bath 1871 sqft,
500 sqft attached
garage, 650 sqft patio
***SEPTIC/SEWER
CONNECTION
REQUIRES SEPARATE
PERMIT ***
7/8/2024 R- NEW
MULTI FAMILY
8125 Jimson
Ave
213-162-02 New Duplex - Unit (1)
1217 sqft, 3 bed 2 bath
Unit (2) 1087 sqft, 3
bed 2 bath, 400 sqft
detached garage.
***SEPTIC/SEWER
CONNECTION
REQUIRES SEPARATE
PERMIT***
3/24/2024 R- NEW SFD 7333 Jimson
Ave
299-221-33 New SFD - Single story
3 bed, 2 bath 1513 sqft,
400 sqft covered
carport***
SEWER/SEPTIC
CONNECTION
REQUIRES SEPARATE
PERMIT
3/21/2024 R- NEW SFD 7433 Jimson
Ave
299-221-39 New SFD - Single story
3 bed, 2 bath 1513 sqft,
400 sqft covered
carport***
SEWER/SEPTIC
CONNECTION
REQUIRES SEPARATE
PERMIT
20690
20665
20675
20674
20688
Page: 3 of 3
Total Records: 10
California City Building Departmental Sign In Sheet To Date FY 2024 - 2025
August 2024
Powering and Empowering Government
civicplus.com Page 9
Municipal Website
civicplus.com Page 10
civicplus.com Page 11
civicplus.com Page 12
- Unlimited storage
- Unlimited back-end users
- Stream one meeting up to 3 locations
- (EX: YouTube, Zoom, Website)
Agenda & Meeting Management
civicplus.com Page 13
civicplus.com Page 14
All-In-One public records
request solution:
- Automating tracking of
request
- Centralizing
communications
- Empowering you to
perform redactions in
efficient and secure
manner.
civicplus.com Page 15
Social Media Archiving:
- captures and preserves
your social media
- ensures California City
is in compliance
- access to all of your
social media records in
one secure location.
ITEM CC1
1 MINUTES
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING
MONDAY, SEPTEMBER 9, 2024
SPECIAL MEETING @ 1:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
1:00PM SPECIAL BUDGET MEETING
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 1:00 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff
APPROVAL OF AGENDA
Mayor Pro Tem Smith moved to approve agenda as presented. Motion seconded by Councilmember Kulikoff.
Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
ITEM CC2
2 AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the agenda.
Each member of the public will be given (3) three minutes to speak.
Public comments were offered by Shawn Bradley, Al Hutson, and J. M. Powers.
Special Budget Meeting 9/9/24 - Public Safety (Police and Fire Only) Acting City Manager, Latisha Lamberth introduced the item and passed it over to Kenny Cooper, Finance Manager for a more detailed presentation.
Mr. Cooper stated that the budget for discussion is the budget for Police and Fire only. Mr. Cooper answered specific questions from Council and members of the public.
ADJOURNMENT
Councilmember Kulikoff moved to adjourn the meeting. Motion seconded by Councilmember Cooper. Motion carried 5-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 2:25 p.m. _____________________________
Daryl A. Betancur, MPA, MMC
City Clerk
1 MINUTES
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING
MONDAY, SEPTEMBER 9, 2024
SPECIAL MEETING @ 10:00 AM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
10:00 AM SPECIAL MEETING CLOSED SESSION
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 10:01 a.m.
ROLL CALL
Councilmembers: Cooper, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff
Absent: Councilmember Creighton
APPROVAL OF AGENDA
Councilmember Cooper moved to approve agenda as presented. Motion seconded by Mayor Pro Tem Smith.
Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: Councilmember Creighton
MOTION CARRIES 4-1
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
There were no public comments.
CLOSED SESSION
CS 1. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Manager
REPORT OUT OF CLOSED SESSION
The City Council recess to closed session at 10:01am.
The City Council reconvened from closed session at 12:39 am.
Mayor Kulikoff reported that direction was given with no final reportable action.
ADJOURNMENT
Mayor Pro Tem Smith moved to adjourn the meeting. Motion seconded by Councilmember Cooper. Motion carried 4-1.
Seeing no further business to come before the City Council, the meeting was adjourned at 12:40 p.m. 3 AFFIDAVIT OF POSTING
I, Leanndrea Weible, Deputy City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City’s website at least 24 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards Dated: September 6, 2024
_____________________________
Leanndrea Weible
Deputy City Clerk
1 MINUTES
CITY OF CALIFORNIA CITY
CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING BUDGET WORKSHOP
TUESDAY, SEPTEMBER 17, 2024
SPECIAL MEETING @ 7:00 PM
COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the city to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
7:00 PM SPECIAL MEETING BUDGET WORKSHOP
CALL TO ORDER: Mayor Kulikoff called the meeting to order at 7:10 p.m.
ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff
APPROVAL OF AGENDA
City Attorney Ponto informed the City Council that staff was requesting item CB3 to be pulled from the agenda.
Councilmember Cooper moved to approve agenda with the exception of items CB2 and CB3 respectively.
Motion seconded by Mayor Pro Tem Smith.
Kelly Kulikoff – Mayor
Ronald Smith – Mayor Pro Tem
Jim Creighton – Councilmember
Michael Kulikoff – Councilmember
LaShelle Cooper – Councilmember
2 AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: Councilmember Creighton
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 4-1
PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.
There were no public comments.
CONTINUED BUSINESS
CB1. Schedule General Fund Departments.
Staff Report by: Latisha Lamberth, Acting City Manager & Kenny Cooper, Finance Manager
Recommendation: Staff Recommends that the City Council takes Appropriate Action.
Latisha Lamberth, Acting City Manager introduced the topic and asked Kenny Cooper, Finance Manager to engage in the General Fund presentation and discussion.
Mr. Cooper presented the report and answered questions from Council and audience. No formal motion was entertained. Item was received and filed.
CB2. Fund Nation Contract. (Continued to next City Council meeting).
Staff Report by: Latisha Lamberth, Acting City Manager
Recommendation: Staff Recommends that the City Council Approves this Contract.
CB3. Airport Management Contract. (Continued to next City Council meeting).
Staff Report by: Latisha Lamberth, Acting City Manager
Recommendation: Staff Recommends that the City Council Approves this Contract.
NEW BUSINESS
NB1. Agreement for Special On-Call Legal with the Hensley Law Group.
Staff Report by: Latisha Lamberth, Acting City Manager & Kenny Cooper, Finance Manager Recommendation: Staff Recommends that the City Council Authorize the Acting City Manager to Execute the Proposed Engagement Letter of Agreement for Special On-Call Legal Services with the Hensley Law Group.
City Attorney Ponto presented the staff report, articulating that these services are needed to avoid conflict of interest with the City Attorney’s Office enforcing cannabis regulations and at the same time engaging in the appeal process. Mr. Ponto mentioned case law pertaining to these specific cases. Therefore, he urged the Council to approve agreement as presented.
Public comments were offered by Shawn Bradley, Al Hutson, and John Fisher.
Mayor Pro Tem Smith moved to approve agreement as presented. Motion seconded by Councilmember Kulikoff.
3 AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
NB2. The acquisition of a new all-wheel and four-wheel drive fleet of apparatus and vehicles for the fire department, along with five patrol vehicles and a utility terrain vehicle for the California City Police Department, funded solely by dedicated funds from local solar developers as a condition of approval for their projects, grant money from the Air Pollution Control District, and insurance payout funds from the police department.
Staff Report: Justin Vincent, Interim Fire Chief
Recommendation: Staff Recommends that the City Council Adopt and Approve the following Resolutions to Provide consent for the Acting City Manager to Purchase the AllWheel-Drive and Four-Wheel-Drive Fire and Police Apparatus and Vehicles Identified in Each of the Following Resolutions, to be Paid for with Dedicated Developer Funding, the Carl Moyer Grant Funding, and the Insurance Payouts for Totaled Police Vehicles, Bringing No additional Burden from Taxpayer Funding from the General Fund for the Acquisitions.
1. Resolution No. 24-3050, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of Fire Apparatus from South Coast Fire Equipment;
2. Resolution No. 24-3051, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of Two Fire Medic Squad Trucks from GTA Fleet Solutions, Inc.;
3. Resolution No. 24-3052, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of a Dodge Durango Arson/Fire Investigation Unit from Utilitac Equipment and Upfitting;
4. Resolution No. 24-3053, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of An All-Wheel-Drive Administration Vehicle for the Fire Department;
5. Resolution No. 24-3054, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of an All-Wheel-Drive Chaplain Vehicle for the Fire Department;
6. Resolution No. 24-3055, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of Two Utility Terrain Vehicles (UTV) for the Fire Department; and
7. Resolution No. 24-3056, A Resolution of the City Council of the City of California City, California, Authorizing the Purchase of Five All-Wheel-Drive Patrol Vehicles for the Police Department.
Acting Fire Chief Vincent presented the staff report explaining in detail that there was no taxpayer money associates with these purchase requests; that the had negotiated these concessions with developers; obtained discounts and concessions from vendors to ensure the best possible outcome for the city and the Fire Department.
4 A lengthy discussion took place relative to costs; benefits; reserves, insurance, and maintenance of these vehicles moving forward. Chief Vincent answered questions from Council and the audience accordingly.
Public comment on this item was offered by Shawn Bradley.
Mayor Kulikoff moved to approve with the following provisions on each presented Resolution. Motion seconded by Councilmember Cooper.
On Resolutions 24-3050; 24-3051; 24-3052 and Resolution No. 24-3056, the vote was as follows:
AYES: Councilmembers Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 5-0
On Resolutions 24-3053 and 24-3055, the vote was as follows:
AYES: Councilmembers Cooper, Kulikoff, Mayor Pro Tem Smith, & Mayor Kulikoff NOES: Creighton
ABSTAIN: None
ABSENT: None
MOTION CARRIES: 4-1
The City Council entertained a separate motion for Resolution No. 24-3054, as follows:
Mayor Kulikoff moved to approve Resolution No. 24-3054. Motion seconded by Councilmember Cooper.
On Resolutions 24-3054, the vote was as follows:
AYES: Councilmembers Cooper, Kulikoff, & Mayor Kulikoff NOES: Creighton
ABSTAIN: Mayor Pro Tem Smith
ABSENT: None
MOTION CARRIES: 3-1-1
The City Council convened again to finish the closed session items at 9:24 p.m.
The City Council reconvened to open session at 9:40 p.m.
City Attorney Ponto reported that with respect to closed session item CS1 the Council was still deliberating; and that there were no further reportable actions.
ADJOURNMENT
5 Councilmember Cooper moved to adjourn the meeting. Motion seconded by Councilmember Kulikoff. Motion carried 5-0.
Seeing no further business to come before the City Council, the meeting was adjourned at 9:43 p.m. _____________________________
Daryl A. Betancur, MPA, MMC
City Clerk
1 ITEM NO. CC3
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: California City Title 6 Chapter 2 and Chapter 10 Ordinance Updates BACKGROUND/ DISCUSSION:
Senate Bill 1383 (SB 1383), which was signed in 2016, adopted with changes in 2020 and went into effect on January 1, 2022, established statewide targets to reduce the disposal of organic waste and edible food from landfills and increase the recovery of currently disposed edible food for human consumption.
SB 1383 requires jurisdictions to adopt mandatory, enforceable ordinances requiring generators of organic waste, including residents and commercial properties, to take actions to prevent the disposal of organic waste and edible food in the landfill as an important methane reduction strategy.
The City Council approved an SB 1383 ordinance on November 23, 2021, to incorporate the new regulations. The Public Works Department is amending the ordinance to include more clarification about the requirements of organic waste generators, the franchisee, operators, and the City. The updated ordinance additionally includes language relating to waivers, the City process for inspections and investigations, and the State of California Model Water Efficient Landscape Ordinance (MWELO) standards.
City staff in the Public Works Department, in conjunction with City Code Enforcement Officer(s), will enforce the SB 1383 ordinance with the assistance of approved delegees, including the franchisee and potential third-party contractors.
Also, Chapter 10’s Construction and Demolition (C&D) Ordinance was updated to coincide with Green Building Standards in the California Code of Regulations Title 24.
FISCAL IMPACT:
No direct fiscal impact is anticipated.
RECOMMENDATION: Staff recommends the City Council waive further reading and approve Ordinance No. 24-818 with updates to Title 6, Chapter 2. No resolution is required. This action was presented to the City Council on September 10, 2024 for first reading and introduction. Today, staff is presenting this ordinance for second reading and adoption.
2 ATTACHMENTS:
1. Clean Version SB 1383 Text Amendment Title 6, Chapter 2 Ordinance Update
2. Redline Version SB 1383 Text Amendment Title 6, Chapter 2 Ordinance Update
3. Clean Version of Chapter 10 C&D Recycling
4. Redline Version of Chapter 10 C&D Recycling
- Code of Ordinances
TITLE 6 SANITATION AND HEALTH
4892-5298-1965 v1
California City, California, Code of Ordinances Created: 2022-05-13 14:23:19 [EST] (Supp. No. 10)
TITLE 6 SANITATION AND HEALTH
CHAPTER 2. WASTE MANAGEMENT
ARTICLE 1. GENERAL1
Sec. 6-2.101. Definitions.
The following terms are defined for the purposes of this Chapter. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the SB 1383 Regulations (14 California Code of Regulations § 17402 et seq). In the event of a conflict between a definition set forth in the SB 1383 Regulations and a definition set forth herein, the definition set forth in the SB 1383 Regulations shall control. (a) “AB 341" or “Recycling Act means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011, as amended from time-to-time.
(b) "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Material and Source Separated Blue Container Organic Waste.
(c) "CalRecycle" means the California 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). digestion operations or other facility that recovers Source Separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City.
(d) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter 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) “City” means the City of California City, a municipal corporation acting through its City Council, and all the territory lying within the municipal boundaries of the City. (f) "Collection Container" means a collection receptacle provided by the City's Franchisee and approved by the City for the collection of Source Separated Solid Waste, Recyclable Material and/or Organic Waste.
Containers include the various sizes of carts, bins, roll-off boxes, and compactors described in the Franchise Agreement.
(g) “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 is a Commercial Business for the purposes of this Chapter. (h) “Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 6-2.101(bbbb) and 6-2.101(cccc) of this Section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this Chapter, Food Recovery 1Editor's note(s)—Ord. No. 21-792, § 2, adopted November 23, 2021, added title Article 1 to Chapter 2 to read as set out herein.
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Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(i) “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). (j) “Compliance Review” means a review of records by the City to determine compliance with this Chapter. (k) “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. (l) "Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are accepted at Kern County facilities and that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for threecontainer systems, and 18984.2(a)(1)(C) for two container systems. (m) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). (n) “C&D” means construction and demolition debris.
(o) “Delegee” means an entity that City contracts with or otherwise arranges to carry out any of City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Delegee may be a government entity, the Franchisee, a private entity, or a combination of those entities. (p) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Organic Waste or Solid Waste if it is recovered and not discarded. Nothing in this Chapter 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. (q) "Electronic Waste" or "E-Waste" means discarded electronic equipment, including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste may be Hazardous Waste and require special handling, processing, or disposal.
(r) “Enforcement Action” means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (s) “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). (t) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (u) “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). (v) “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 4892-5298-1965 v1
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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 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (w) “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 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (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" means 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, and pizza boxes provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers Source Separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City. (z) "Food Waste" means food scraps and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling. Food Waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste, grain waste, and may include Food Soiled Paper and Compostable Plastics meeting the definitions provided herein. (aa) "Franchise Agreement" means the Solid Waste Franchise Agreement for Waste Hauling Services granted by the City to a provider of Refuse, Recyclable Material and Organic Waste collection services within the City.
(bb) “Franchisee" means the party to which the City has granted a Franchise Agreement. (cc) "Gray/Black 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/Black Container Waste. (dd) "Gray/Black Container Waste" means Solid Waste that is collected in a Gray and/or Black Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5).
(ee) "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 Source Separated Organic Waste. (ff) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other than construction activities. (gg) “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 4892-5298-1965 v1
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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). (hh) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (ii) "Hazardous Waste" means waste materials determined by CalRecycle, the Department of Toxic Substances Control, the State Water Resources Control Board, or the Air Resources Board to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; or
(3) Carcinogenic/mutagenic/teratogenic.
(jj) “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 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). (kk) "Household Hazardous Waste" means those hazardous waste materials generated at and discarded from Residential premises.
(ll) "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments identified in Health and Safety Code Section 25117.5 as may be amended from time-to-time.
(mm) “Inspection” means a site visit where a City representative such as an Enforcement Officer, or a Delegee 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 Chapter or as otherwise defined in 14 CCR Section 18982(a)(35). Inspections may be conducted as part of a Route Review of other contamination monitoring mechanism. (nn) “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 Chapter. (oo) “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 Chapter 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 Chapter 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 Chapter. (pp) "Liquid Waste" means watered or dewatered sewage or sludge. 4892-5298-1965 v1
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(qq) "Litter" means garbage, Refuse, rubbish, and other Solid Waste, Recyclable Material or Organic Waste, if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a blight or danger to the public health, safety, and welfare.
(rr) “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).
(ss) "Medical Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs, and waste which includes animal wastes or parts from slaughterhouses or rendering facilities.
(tt) "Multiple-Unit Dwelling" means any building in the City, other than a Single-Unit Dwelling, lawfully occupied for human shelter.
(uu) "Multi-Family Residential Dwelling" or "Multi-Family" means a residential premises with five (5) or more dwelling units. Multi-Family does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(vv) “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). (ww) “Non-Local Entity” means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the boundaries of the City.
2. Federal facilities, including military installations, located within the boundaries of the Jurisdiction.
3. Prison(s) located within the boundaries of the City.
4. Facilities operated by the State park system located within the boundaries of the City.
5. Public universities (including community colleges) located within the boundaries of the City.
6. County fairgrounds located within the boundaries of the City.
7. State agencies located within the boundaries of the City. (xx) “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).
(yy) “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.
(zz) “Organic Waste" means waste 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, untreated lumber, untreated wood, Paper Products, Printing and Writing Papers, manure, biosolids, digestate, and sludges. A listing of materials considered as Organic Waste shall be provided by the Franchisee and may be revised from time to time by agreement of the City. (aaa) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, including those entities that serve food or beverages on its premises for immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(48). 4892-5298-1965 v1
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(bbb) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(ccc) "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).
(ddd) "Prohibited Container Contaminants" means the following:
1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Material for the City's Blue Container collection program;
2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Organic Waste for the City's Green Container collection program;
3. Discarded materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Material and/or Source Separated Organic Waste to be placed in City’s Blue Container and/or Green Container collection program; and
4. Any material prohibited to be placed in any container pursuant to Section 6-2.104 and Section 6-2.204(e).
(eee) "Public Place" means streets, sidewalks, boulevards, alleys, or other public ways, public parks, squares, spaces, grounds, and buildings, and the portions of private premises held open to the public. (fff) “Public Receptacles” means containers that are for usage in Public Places for the collection of Source Separated Solid Waste, Recyclable Material and/or Organic Waste. (ggg) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(hhh) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(iii) "Recyclable Material" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. A listing of materials considered as Recyclable Material shall be provided by the Franchisee and may be revised from time to time by agreement of the City. (jjj) “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).
(kkk) “Refuse” means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from a Premises, including garbage, rubbish, trash, refuse, ashes, industrial wastes, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. Refuse does not include Recyclable Material, Organic Waste, Construction and Demolition Debris, Bulky Waste, or Excluded Waste.
(lll) "Residential" shall mean of, from, or pertaining to a Single-Unit Dwelling premises or Multi-Unit Dwelling premises including single-family homes, apartments, condominiums, townhouse complexes, 4892-5298-1965 v1
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mobile home parks, and cooperative apartments with (4) or less dwelling units. For the purposes of this Chapter, the definition of Residential does not include Multi-Family Residential Dwellings. (mmm) “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). For the purposes of Edible Food Recovery, Restaurant shall mean 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(nnn) “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). (ooo) “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. (ppp) "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted on November 3, 2020 that added Chapter 12 to Division 7 of Title 14 of the California Code of Regulations (CCR) and amended CCR Title 14, Division 7, Chapters 3, 3.1, 3.2, 5, 9 and 12, commencing with Section 17402, and CCR Title 27, Division 2, Chapters 2, 3, and 4, commencing with Section 20164.
(qqq) “Self-Hauler” means a person who hauls Refuse, Recyclable Material and/or Organic Waste 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). Back-haul means generating and transporting Solid 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). (rrr) "Sharps" means any needles, syringes and lancets used for application, removal, or testing needed for medication, fluid sampling, or any other application.
(sss)"Single-Unit Dwelling" means a dwelling designed for or occupied exclusively for human shelter by one (1) family.
(ttt) “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: Electronic Waste, Hazardous Waste, Medical Waste, Infectious Waste, Liquid Waste, construction and demolition debris, Excluded Waste, or Universal Waste. Solid Waste includes only those materials which were originally discarded by the first Solid Waste Generator thereof, prior to any processing at any premises within the City.
Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time (also known as HHW). Solid Waste includes salvageable 4892-5298-1965 v1
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materials only when such materials are included for collection in a Solid Waste Collection Container, not Source Separated from Solid Waste at the site of generation. (uuu) "Solid Waste Generator" means a person or entity that is responsible for the initial creation of Solid Waste.
(vvv) "Source Separating" or "Source Separated" means the process of removing or separating Recyclable Material or Organic Waste from Solid Waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for such materials for the purpose of recycling, composting, processing or reuse.
(www) “Source Separated Blue Container Organic Waste” means Organic Waste that can be placed in a Blue Container that is limited to the collection of those Source Separated Organic Wastes and NonOrganic Recyclables as identified by the Franchisee and defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(xxx) "Source Separated Organic Waste” means Organic Waste that has been Source Separated that are accepted in the Green Container. 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, Recyclable Material, carpets, NonCompostable Paper, and textiles. (yyy) “Source Separated Recyclable Material” means Source Separated Non-Organic Recyclable and Source Separated Blue Container Organic Waste that are accepted in the Blue Container that have been Source Separated by the Solid Waste Generator.
(zzz) “ State” means State of California.
(aaaa) “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). (bbbb) “Tier One Commercial Edible Food Generator” or “Tier One” means a Commercial Edible Food Generator that is one of the following:
Supermarket with gross annual sales greater than or equal to $2 million Grocery Store with a total facility size equal to or greater than or equal to 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
(cccc) “Tier Two Commercial Edible Food Generator” or “Tier Two” 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.
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(7) A Local Education Agency facility with an on-site Food Facility. (dddd) "Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations, including, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste. (eeee) "Waste Management Act" or "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended from time-to-time. (ffff) “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 189852(a)(76).
( Ord. No. 21-792 , § 3, 11-23-2021)( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.A, 11-28-2017 ) Sec. 6-2.102. Accumulation of Waste.
(a) No person shall throw or deposit Solid Waste in or upon a Public Place except in Public Receptacles, in Collection Containers, or at a permitted transfer station or landfill. (b) Persons placing Litter in Public Receptacles or in Collection Containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon a Public Place that result in it becoming Litter.
(c) Every person in possession, charge, or control of any property shall keep such property free and clean of any accumulation of Solid Waste.
(d) Except as otherwise provided in this Chapter, no person shall deposit, keep or accumulate or permit or cause to be deposited or to remain on property, any Solid Waste. (e) No person shall place, deposit, or dump Solid Waste or cause Solid Waste to be placed, deposited, or dumped upon private property.
(f) No person shall sweep into or deposit in a Public Place, the accumulation of Solid Waste from a building or lot or public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of Solid Waste. (g) If a person within the City has not complied with an order of the Enforcement Officer to remove accumulation of Solid Waste deemed dangerous to the public health to delay its removal, the Enforcement Officer may enter the premises and remove the offensive accumulation. The person responsible for such accumulation shall be liable to the City for the costs of collection, in addition to other penalties.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.103. Burying and Burning Prohibited.
The placement or burial of Solid Waste upon private property or a Public Place or burning of Solid Waste within the City is prohibited and is a misdemeanor.
( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.B, 11-28-2017 ) 4892-5298-1965 v1
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Sec. 6-2.104. Materials Prohibited From Containers.
The placement of Electronic Waste, Universal Waste, Household Hazardous Waste, Infectious Waste, Liquid Waste, or Medical Waste, material, fluids, equipment, retainers, or medical Sharps in a Collection Container or Public Receptable covered by this Chapter is prohibited and is a misdemeanor. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.105. Storage.
(a) No person shall store Solid Waste in any boxes, bags, or barrels of any type within a Public Place or between any front lot line and the main building on a Residential or Commercial property, or within that portion of the street side of a corner lot equal to the depth of the required street side yard.
This Section shall not preclude:
(b) The storage of Solid Waste in a Collection Container of a Commercial Business, in front of a main building if such Collection Container is within a solid wall enclosure lawfully erected and maintained in such a manner to allow access to the Collection Container for collection of waste by the Franchisee. (c) The storage of Solid Waste from renovations of Residential or Commercial Business or major landscaping work in temporary Collection Containers and such Collection Container may be placed in view from a Public Place if such placement is for the convenience of the collection by the Franchisee and is not in violation of any other Municipal Code, and any such temporary use shall be limited to the reasonable time needed to complete such renovations or work not to exceed six months. (d) The storage of Solid Waste in a Collection Container for collection and removal by the Franchisee. (e) A person, whose waste is collected or removed by the Franchisee, from placing or maintaining a Collection Container in the manner set forth in this Chapter within the Public Place in front of the premises from which such waste emanated; provided, however, no such Collection Container shall be placed within any Public Place earlier than 6:00 a.m. on the day preceding the day for the collection of waste, nor be allowed to remain within the Public Place later than 6:00 a.m. on the day following such collection.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.106. Receptacles: Containers.
Every person in possession, charge, or control of a Residential or Commercial property shall utilize Collection Containers of adequate size and collected at an adequate frequency to contain the amount of Solid Waste ordinarily accumulating at such place during the intervals between collections. The Collection Containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed, except when depositing waste, to prevent the loss of any waste material. ( Ord. No. 12-713, § 2, 11-6-2012 ); Ord. No. 17-756, § 1.C, 11-28-2017 ) Sec. 6-2.107. Receptacles: Placement for Collection.
(a) Collection Containers shall be placed, as required by the Franchisee, within five (5) feet of the Public Place on collection days and shall be readily accessible for collection. (b) Notwithstanding the provisions of this Chapter, persons storing Solid Waste in Collection Containers may request the Franchisee to enter upon their premises to collect such Collection Containers. 4892-5298-1965 v1
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(c) Solid Waste shall be enclosed in Collection Containers in such a manner so that no portion of the enclosed material shall be blown by the wind, leak, or spill out during the period of storage, prior to, or during its collection.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.108. Collection: Franchise.
(a) The City may grant an exclusive Franchise Agreement for the collection, transportation, and proper disposal or processing for recovery of Solid Waste and the operation of other programs required by the Recycling Act within all or any portion of the City. The City may grant an exclusive Franchise Agreement upon a determination that the public health, safety and well-being are thereby served and in order to comply with the requirements of the Recycling Act, Waste Management Act and SB 1383 Regulations. The Franchise Agreement shall be granted by resolution pursuant to the process set forth in this Chapter. (b) The City may regulate, by ordinance or resolution and through the Franchise Agreement, all aspects of Solid Waste collection, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services. (c) When a Franchise Agreement for the collection of Solid Waste is in effect, no person, other than employees of the Franchisee, may collect, haul or transport waste within the City, except as set forth in Section 6-2.109 below.
(d) Any grantee of a Franchise Agreement shall pay to the City a Franchise Fee and a Contract Administration Fee, the amounts of each shall be set forth in the Franchise Agreement approved by Council. Council shall have the right to adjust the amount or calculation of the fees from time-to-time at any point during the term of the Franchise Agreement, subject to the procedures for adjustment described in the Franchise Agreement.
(e) No person shall interfere with the collection or disposal of waste by Franchise to collect and dispose of same.
(f) No person other than the Franchisee, or an agent or employee thereof, shall tamper or meddle with, or remove items from, a Collection Container or Public Receptables placed for collection by Franchisee. (g) It shall be unlawful for any person to solicit, accept, engage, or otherwise utilize collection, transportation and/or handling service of Solid Waste for paid consideration by a person not authorized to provide such service.
(h) No person other than the Franchisee shall offer to handle Solid Waste or handle waste on behalf of another in exchange for compensation in any form or amount. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.109. Collection: Limitations.
The exclusive right of any Franchisee to collect Solid Waste is subject to the following exclusions:
(a) Self-Haul. Solid Waste may be removed and personally transported from a premises by the owner or occupant for the purpose of lawfully delivering to a solid waste facility authorized and permitted to receive and handle Solid Waste and recover Recyclable Material and/or Organic Waste. Owners or occupants may delegate the responsibility of delivering such materials to a solid waste facility to a third party if it is done on a voluntary basis and no compensation is tendered in exchange for the service or rental of containers and in accordance with Section 6-2.206 and 6-2.212(b) of this Chapter. 4892-5298-1965 v1
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(b) Gardeners and Landscapers. A gardener or landscaper may collect, transport, and dispose of Green Waste generated as an incidental part of providing gardening, landscape maintenance service, provided the gardener or landscaper shall not be a hauling service or solid waste enterprise, and shall not separately or additionally charge for the incidental service of removing, transporting, or disposing of the Green Waste, and shall use only employees and equipment to collect, transport, and dispose of same. (c) Contractors and Remodelers. A construction contractor, holding a contractor's license issued by the State of California, may collect, transport, and dispose of inert materials or demolition waste from remodeling or construction jobs generated as an incidental part of providing such remodeling or construction services, if the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting, or disposing of the inert materials or demolition waste, and use only employees and equipment to collect, transport, and dispose of same.
(d) Other. Additional limitations and exclusions as may be set forth in the Franchise Agreement. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.110. Collection: Service Required to Occupied Premises. (a) Every person who owns, and every person who occupies, developed and occupied real property shall receive and pay for Solid Waste collection with the Franchisee, unless otherwise subject to a waiver under this Section or Section 6-2.212, at rates not to exceed those approved by the Council. (b) Every person requiring collection service shall apply for such service and the City shall be held harmless for loss occasioned by entry upon the property for collection service. (c) Owners of Commercial properties shall comply with mandatory recycling requirements of the Recycling Act and SB 1383. The City Manager or designee may permit exemptions from the requirements on the basis: (i) the subject Property does not generate Recyclable Material or Organic Waste; (ii) the subject Property does not have adequate space to accommodate a Collection Container for Recyclable Material or Organic Waste; or (iii) the Property owner can demonstrate that they recycle their waste material through other methods acceptable under State law.
(d) Failure to comply with this Chapter may be subject to administrative citations of $25.00 for each day, of non-compliance.
( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.D, 11-28-2017 ) Sec. 6-2.111. Collection: Frequency.
The Franchisee shall collect Solid Waste located at or resulting from the lawful use of occupied property.
Collection days shall be Monday through Friday of each week and collection hours shall be from 6:00 a.m. until 6:00 p.m., unless otherwise determined by the Council, whereupon notice in writing specifying the days of collection shall be given by the City to all persons within the City of whom the service is rendered. Collection Containers shall not be placed for service or be serviced by the Franchisee less frequently than once each seven (7) days for Refuse and Organic Waste and fourteen (14) days for Recyclable Material.
The City Manager or designee may authorize the collection of Solid Waste at times or from places otherwise prohibited by this Chapter if such collection is necessary for the protection of the property or health of the general public.
( Ord. No. 12-713, § 2, 11-6-2012 )
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Sec. 6-2.112. Collection: Rates.
(a) The maximum rates for the collection of Solid Waste within the City charged by the Franchisee shall be approved by the Council in the Franchise Agreement.
(b) The rates established by the Council shall apply to the collection, at the regular intervals set forth in this Chapter, normally resulting from the lawful use of Residential and Commercial premises. (c) The owner of each property receiving collection service shall be ultimately liable for payment of rates charged by the Franchisee.
(d) The Franchisee shall not charge any rate, service fee, penalty, or request any other payment from a Solid Waste Generator in the City that has not been authorized in the Franchise Agreement. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.113. Collection: Complaints and Adjustments.
The City Manager or designee shall resolve complaints between the person receiving service and the Franchisee, and the aggrieved party may appeal in accordance with Title 1, Chapter 4. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.114. Scavenging.
It shall be a misdemeanor for any person to remove any Solid Waste from a Collection Container placed for collection by the Franchisee, other than the Franchisee or account holder responsible for the subject Collection Container.
( Ord. No. 12-713, § 2, 11-6-2012 )
- Code of Ordinances
TITLE 6 - SANITATION AND HEALTH
CHAPTER 2. - WASTE MANAGEMENT
ARTICLE 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
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ARTICLE 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sec. 6-2.201. Authorization.
The City Manager, or their designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement and enforce the SB 1383 Regulations. The SB 1383 Regulations are hereby incorporated into this Chapter in their entirety as if fully set forth herein. ( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.202. City Manager Non-Delegable Authority and Responsibilities.
In undertaking his or her obligations herein, the City Manager, or his or her designee, shall have sole authority and responsibility to perform the following non-delegable determinations, programs or activities, but in so doing may utilize City personnel:
(a) Granting waivers from certain AB 341 and/or SB 1383 Regulations to a Solid Waste Generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11 and Section 6-2.212 of this Chapter.
(b) Conducting Inspections and investigations of complaints in accordance with Section 18995.3 of alleged violations of Chapter 12 of the SB 1383 Regulations, and preparation and maintenance of records regarding such activities.
(c) Applying for waivers or exemptions from certain SB 1383 Regulations granted by CalRecycle and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12. (d) Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.
(e) Regulating Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services for their compliance with applicable SB 1383 Regulations. (f) Regulating Organic Waste Generators for their compliance with applicable SB 1383 Regulations. (g) Initiating, inspecting, and prosecuting Enforcement Actions against Franchisee, Food Recovery Organizations, Food Recovery Services and Organic Waste Generators for violation of this Chapter, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 189955.4, 18997.1 and 18997.2.
(h) Receipt and investigation of written complaints of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.
(i) Undertaking Organic Waste capacity planning, as set forth in 14 CCR Section 18992.1, and Edible Food Recovery capacity planning, as set forth in 14 CCR Section 18992.2. (j) Maintaining and submitting records and reports required by the SB 1383 Regulations. ( Ord. No. 21-792 , § 3, 11-23-2021)
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Sec. 6-2.203. Delegable Responsibilities.
Except for those determinates, programs, or activities that are non-delegable as set forth under Section 6-
2.202, in undertaking his or her obligations under Section 6-2.201, the City Manager, or his or her designee, may undertake programs or activities implementing applicable provisions of the SB 1383 Regulations, and in so doing may utilize City personnel, or may make arrangements for these delegable programs or activities as set forth in the SB 1383 Regulations with a Franchisee, Food Recovery Organization, Food Recovery Service, other private or nonprofit entities, or through agreements with other jurisdictions. ( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.204. Solid Waste Generator Requirements.
(a) Owners of Residential or Commercial properties and other persons utilizing such properties that are Solid Waste Generators must:
(1) Subscribe and pay for collection service for all Solid Waste unless a waiver has been granted by the City, or the Solid Waste Generator self-hauls such materials. (2) Participate in collection service by placing designated materials in designated containers as described in Section 6-2.204(e) and shall not place Prohibited Container Contaminants in Collection Containers.
(b) All Residential and Commercial properties, unless otherwise authorized to self-haul in accordance with Section 6-2.109(a) and 6-2.206 of this Municipal Code, shall be automatically enrolled in the City’s three-container collection service with a Gray/Black, Blue and/or Green Container for Source Separated Refuse, Source Separated Recyclable Material, and Source Separated Organic Waste. The City shall have the authority to change the minimum required service levels at any given time. The Generator’s Source Separated Recyclable Material service level and Source Separated Organic Waste service level must be sufficient for the amount of Source Separated Recyclable Material and Source Separated 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) Owners of Residential and Commercial properties and other persons utilizing such properties that are Solid Waste Generators are responsible to adjust their level of service to ensure compliance with this Chapter and are responsible for failure to subscribe and pay for such service, or to undertake other allowable methods of diversion. Self-hauling may be undertaken in accordance with Section 6-2.109(a) and 6-2.206 of this Municipal Code and 14 CCR 18988.3.
(d) The City reserves the right to make the final determination as to the type, number, and size of containers to be provided to all Residential and Commercial properties to ensure adequate service and proper separation of materials and containment of materials for expected collection volumes. (e) The City has implemented a standard organic waste collection service using three Collection Containers in accordance with Chapter 12, Article 3 of the SB 1383 Regulations. (1) The Gray/Black Container is provided solely for the placement and collection of non-organic Refuse. No Organic Waste or Recyclable Material are permitted in the Gray/Black Container. (2) The Blue Container is provided solely for the placement and collection of Recyclable Material. No Source Separated Organic Waste or non-Recyclable Material are permitted in the Blue Container. (3) The Green Container is provided solely for the placement and collection of Source Separated Organic Waste. No Recyclable Material or non-organic Refuse are permitted in the Green Container.
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(f) It shall be unlawful and a violation of this Chapter to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 6-2.213 of this Municipal Code. (g) Organic Waste Generators shall comply with this Chapter relating to collection and recovery of Organic Waste or the applicable SB 1383 Regulations and failure to comply may result in an Enforcement Action as set forth in Section 6-2.213 of this Municipal Code. ( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.205. Commercial Generator Requirements.
(a) Excluding Multi-Family Residential Dwellings, a Commercial Solid Waste Generator shall provide containers for the collection of Source Separated Solid Waste generated by that property in all indoor and outdoor areas, except for restrooms, where the Commercial Business provides disposal containers for customers and shall comply with the requirements of 14 CCR Section 18984.9(b). If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of container, then the business does not have to provide that particular type of container in all areas where containers are provided for customers.
(b) Excluding Multi-Family Residential Dwellings, a Commercial Solid Waste Generator shall provide containers for the collection of Source Separated Solid Waste according to the following:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City or its Franchisee, 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 the 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. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (c) A Commercial Organic Waste Generator shall at least annually provide information to employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Organic Waste, and for new tenants within fourteen (14) days of occupation of premises. (d) Excluding Multi-Family Residential Dwellings, a Commercial Generator shall, to the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program.
(e) Excluding Multi-Family Residential Dwellings, a Commercial Generator shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(f) A Commercial Generator shall provide or arrange for access to their property for Inspections or Compliance Reviews conducted by CalRecycle or the City or its Delegee pursuant to Article 14 of the SB 4892-5298-1965 v1
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1383 Regulations, provided, however, that nothing is intended to permit an inspector to enter the interior of a private residential property, as set forth in 14 CCR Section 18984.10(c). (g) A Commercial Generator may apply for a waiver of some or all of the Organic Waste requirements of the applicable SB 1383 Regulations to the City, in accordance with procedures established by the City as set forth in 14 CCR 18984.11 and Section 6-2.212 of this Municipal Code. Any waiver may be granted and issued only by the City in writing. Nothing in the foregoing shall exempt a Commercial Business from compliance with Section 42649.81 of the Public Resources Code. ( Ord. No. 21-792 , § 3, 11-23-2021)Sec.
Sec. 6-2.206. Self-Hauler Requirements.
(a) Self-Haulers shall Source Separate all Refuse, Recyclable Material and/or Organic Waste generated onsite in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Material to a facility that processes or otherwise recovers those materials; and haul their Source Separated Organic Waste to a solid waste facility, operation, activity, or property that processes or otherwise recovers Organic Waste.
Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall apply for an alternative service waiver in accordance with Section 6-2.212. (d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall keep a record of the amount of Recyclable Material or Organic Waste delivered to each solid waste facility, operation, activity, or property that processes or otherwise recovers such material; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Material or Organic Waste. (e) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in this Chapter to the City, if requested. (f) A Residential Self-Hauler is not required to record or report information referenced in this Chapter or apply for a waiver.
6-2.207. Haulers and Facility Operator Requirements.
(a) Requirements for the Franchisee.
(1) The Franchisee shall provide Residential, Commercial, and/or industrial collection services to Organic Waste Generators within the City's boundaries and shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
i. Through written notice to the City annually identify the facilities to which they will transport waste including facilities for Source Separated Solid Waste, Source 4892-5298-1965 v1
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Separated Recyclable Materials, Source Separated Organic Waste, and/or Mixed Waste, if applicable.
ii. Transport Source Separated Recyclable Material, Source Separated Organic Waste, and Mixed Waste (if applicable) to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. iii. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site. (2) Franchisee 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, or other agreement entered into with the City.
(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 City 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 City shall respond within 60 days.
(2) Community Composting operators, upon City request, shall provide information to the City 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, if applicable. Entities contacted by the City shall respond within 60 days. (NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.208. Construction and Demolition Recycling Requirements. (a) Persons applying for a permit from the City 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 than the requirements of this Section, the CalGreen requirements shall apply.
(b) Project applicants shall refer to Article 6, Chapter 10 of this Municipal Code for complete CALGreen requirements.
(c) Commercial properties shall provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Source Separated Recyclable Material and Source Separated Organic Waste, or comply with provision of adequate space for Commercial premises. (d) 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 Source Separated Recyclable Material and Source Separated Organic Waste, consistent with the three-container collection program, or shall comply with provision of adequate space for Recyclable Material and/or Organic Waste for Commercial premises.
(e) Projects covered under this section and Article 6, Chapter 10 must comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal, and comply with Article 6, Chapter 10 of this Municipal Code and all written and published City 4892-5298-1965 v1
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policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.209. Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators shall comply with the requirements of this Chapter 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 Chapter.
(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 the City’s designated enforcement entity or designated third party 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:
i. 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).
ii. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
iv. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
v. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
vi. The established frequency that food will be collected or self-hauled. vii. The quantity of food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this Chapter 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 4892-5298-1965 v1
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114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.210. Requirements for Food Recovery Services and Organizations. (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 City 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 City it is located in 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).
(d) Food Recovery Capacity Planning
(1) In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides Solid Waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(Ord. No. 21-792 , § 3, 11-23-2021)
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Sec. 6-2.211. Inspections and Investigations.
(a) City representatives and/or its designated entity, including Delegees that 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 Section by Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. (b) Regulated entities shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City’s employee or its designated entity/Delegee 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 Chapter 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 Chapter and may result in penalties described.
(c) Any records obtained by a City 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) City representatives, its designated entity, and/or Delegee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.212 Waivers.
(a) A Commercial Solid Waste Generator or property owner may request a waiver for Recyclable Material and/or Organic Waste collection service by completing a waiver request application for the following reasons:
(b) Alternative Service Waiver. A Commercial Solid Waste Generator or property owner may request an alternative service waiver specifying the services that they are requesting a waiver from if the Generator uses, at no cost, a third-party vendor, self-hauls, backhauls or utilizes an onsite recycling and/or composting facility for the processing or otherwise recovery of all Recyclable Material and/or Organic Waste in accordance with Section 6-2.206. Self-Haulers (including back-haulers) will submit a waiver to be reviewed by the City every twelve (12) months. (c) De Minimis Waiver. A Commercial Solid Waste Generator or property owner may request a de minimis waiver specifying the services that they are requesting a waiver from and provide documentation that either:
(1) The Solid Waste Generator’s total 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 (2) The Solid Waste Generator’s total 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. 4892-5298-1965 v1
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(3) The Solid Waste Generator must notify the City if circumstances change that such Solid Waste Generator’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(d) Physical Space Waiver. A Commercial Business or property owner may request a physical space waiver specifying the services that they are requesting a waiver from and provide the following (1) 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. (e) Collection Frequency Waiver. A Commercial Business or property manager may arrange to have the collection of their Blue Container serviced once every fourteen days, rather than once per week. A waiver application is not required for a collection frequency waiver and may be automatically granted through a request with the Franchisee.
All Residential and Commercial Solid Waste Generators will be automatically enrolled in the City’s three-container collection program with the Franchisee.
Commercial Solid Waste Generators must provide written verification of eligibility for a de minimis waiver and/or physical space waiver no less than every five years, if the City has approved such waiver.
Waivers will be reviewed and approved as needed by the Public Works Department and will not be reassigned to the City’s Designee or Franchisee. Applicants may need to resubmit waivers periodically to verify ongoing program implementation. The City reserves the right to rescind approved waivers. (NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.213. Enforcement.
(a) Violation of any provision of this Chapter may constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer. Enforcement actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’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 Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City 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 City staff and resources.
(c) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Officer, which may be the City Manager or their designated entity, legal counsel, or combination thereof. (d) Process for Enforcement
(1) Enforcement Officer and/or its Delegee will monitor compliance with the Chapter randomly and through Compliance Reviews and/or Route Reviews, investigation of complaints, and an Inspection program. Section 6-2.211 establishes the City’s right to conduct Inspections and investigations. (2) City may issue an official notification to notify regulated entities of its obligations under this Chapter.
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(3) With the exception of violations of Generator contamination of container contents addressed in this Chapter, City may issue a Notice of 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, City may commence an action to impose penalties, via an administrative citation and fine, pursuant to this Municipal Code.
(5) Notices shall be sent to Generator at the official address of the Generator maintained by the tax collector for the City or if no such address is available, to the Generator at the address of the Residential 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 $100 per violation. (2) For a second violation, the amount of the base penalty shall be $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation. (f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued 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 City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing in accordance with Section 1-5.08 of this Municipal Code.
(i) Education Period for Non-Compliance
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The City or its Designee will conduct Inspections, Route Reviews, waste evaluations, and/or Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required and that violations may be subject to administrative civil penalties. (j) Civil Penalties for Non-Compliance
If the City determines that an Organic Waste Generator, Self-Hauler, Franchisee, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed. ( Ord. No. 21-792 , § 3, 11-23-2021
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Article 3. California Water Efficient Landscape
Sec. 6-2.301 Adoption of the California Model Water Efficient Landscape Ordinance.
The most recent version of the Model Water Efficient Landscape Ordinance contained in 23 California Code of Regulations Sections 490 through 495 inclusive is hereby adopted by reference in its entirety.
Sec. 6-2.302 Reporting to CalRecycle.
The building official or his or her designee shall report the number of landscape projects subject to the minimum application of Compost and mulch as set forth in Sections 492.6(a)(3)(B), (C), (D) and (G) of 23 CCR Division 2, Chapter 2.7 in compliance with 14 CCR Section 18994.2. Reports are due August 1 for the year prior. (NEW ADD – NEEDS ORDINANCE #)
- Code of Ordinances
TITLE 6 SANITATION AND HEALTH
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TITLE 6 SANITATION AND HEALTH
CHAPTER 2. WASTE MANAGEMENT
ARTICLE 1. GENERAL1
Sec. 6-2.101. Definitions.
The following terms are defined for the purposes of this Chapter. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the SB 1383 Regulations (14 California Code of Regulations § 17402 et seq). In the event of a conflict between a definition set forth in the SB 1383 Regulations and a definition set forth herein, the definition set forth in the SB 1383 Regulations shall control. :
(a) (a) "“AB 341" or “Recycling Act" or "AB 341" means the California Jobs and Recycling Act of 2011 (Chapter 476, Statutes of 2011, as amended from time-to-time. (b) "Blue Container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Material and Source Separated Blue Container Organic Waste.
"CalRecycle" means the California 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). (b) "Waste Management Act" or "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended from time-to-time.
(c) "AB 1826" means Chapter 12.0 of Part 3 of Division 30 of the Public Resources Code (Sections 42649.8 through 42649.86), as it may be amended from time to time. (d) "Commercial" means from or pertaining to non-residential premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon residential property, which are permitted under applicable zoning regulations and are not the primary use of the property.
Commercial also includes Multiple-Unit Dwellings with five (5) or more units. (c) (e) "digestion operations or other facility that recovers Source Separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City. (d) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Chapter 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) “City” means the City of California City, a municipal corporation acting through its City Council, and all the territory lying within the municipal boundaries of the City. 1Editor's note(s)—Ord. No. 21-792, § 2, adopted November 23, 2021, added title Article 1 to Chapter 2 to read as set out herein.
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(e)(f) "Collection Container" means a solid waste or recycling storage and collection receptacle provided by the City's Franchisee and approved by the City. for the collection of Source Separated Solid Waste, Recyclable Material and/or Organic Waste. Containers include the various sizes of carts, bins, roll-off boxes, and compactors described in the Franchise Agreement. (g) (f) “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 is a Commercial Business for the purposes of this Chapter. (h) “Commercial Edible Food Generator” includes a Tier One, or a Tier Two Commercial Edible Food Generator as defined in Sections 6-2.101(bbbb) and 6-2.101(cccc) of this Section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this Chapter, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(i) “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). (j) “Compliance Review” means a review of records by the City to determine compliance with this Chapter. (k) “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. (l) "Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are accepted at Kern County facilities and that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for threecontainer systems, and 18984.2(a)(1)(C) for two container systems. (m) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). (n) “C&D” means construction and demolition debris.
(o) “Delegee” means an entity that City contracts with or otherwise arranges to carry out any of City’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Delegee may be a government entity, the Franchisee, a private entity, or a combination of those entities. (p) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Organic Waste or Solid Waste if it is recovered and not discarded. Nothing in this Chapter 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. (f)(q) "Electronic Waste" or "E-Waste" means discarded electronic equipment, including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile 4892-5298-1965 v1
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machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices. Some E-Waste may be Hazardous Waste and require special handling, processing, or disposal.
(r) “Enforcement Action” means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (s) “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). (t) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. (u) “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). (v) “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 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (w) “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 Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (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" means 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, and pizza boxes provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers Source Separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City. (z) "Food Waste" means food scraps and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling. (g) Food Waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste, grain waste, and may include Food Soiled Paper and Compostable Plastics meeting the definitions provided herein. (g)(aa) "Franchise Agreement" means the solid waste and recycling franchise agreementSolid Waste Franchise Agreement for Waste Hauling Services granted by the City to a provider of solid waste and recyclingRefuse, Recyclable Material and Organic Waste collection services within the City. 4892-5298-1965 v1
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(h)(bb) (h) "“Franchisee" means the party to which the City has granted a Franchise Agreement. (cc) "Gray/Black 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/Black Container Waste. (dd) "Gray/Black Container Waste" means Solid Waste that is collected in a Gray and/or Black Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5).
(ee) "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 Source Separated Organic Waste. (ff) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other than construction activities. (i) "Generator" means any person that generates, produces, or discards solid waste and recyclable materials.
(gg) (j) “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). (hh) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). (j)(ii) "Hazardous Waste" means waste materials determined by CalRecycle, the Department of Toxic Substances Control, the State Water Resources Control Board, or the Air Resources Board to be:
(1) (i) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) (ii) Toxic/ignitable/corrosive/reactive; or
(3) (iii) Carcinogenic/mutagenic/teratogenic.
(jj) (k) “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 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). (k)(kk) "Household Hazardous Waste" means those hazardous waste materials generated at and discarded from residentialResidential premises.
(l)(ll) (l) "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments identified in Health and Safety Code Section 25117.5 as may be amended from time-to-time.
(mm) “Inspection” means a site visit where a City representative such as an Enforcement Officer, or a Delegee 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 Chapter or as otherwise defined in 14 CCR Section 18982(a)(35). Inspections may be conducted as part of a Route Review of other contamination monitoring mechanism. 4892-5298-1965 v1
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(nn) “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 Chapter. (oo) “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 Chapter 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 Chapter 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 Chapter. (pp) "Liquid Waste" means watered or dewatered sewage or sludge. (m)(qq) (m) "Litter" means garbage, refuseRefuse, rubbish, and other solid waste material whichSolid Waste, Recyclable Material or Organic Waste, if thrown, distributed by the elements, or deposited as hereinafter prohibited tends to create a blight or danger to the public health, safety, and welfare.
(rr) (n) “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).
(n)(a) "Liquid Waste" means watered or dewatered sewage or sludge. (o)(ss) (o) "Medical Waste" means waste capable of producing an infection or pertaining to or characterized by the presence of pathogens, including without limitation, certain wastes generated by medical practitioners, hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians, veterinary hospitals and medical testing labs, and waste which includes animal wastes or parts from slaughterhouses or rendering facilities.
(p)(tt) (p) "Multiple-Unit Dwelling" means any building in the City, other than a Single-Unit Dwelling, lawfully occupied for human shelter.
(uu)(q) "Multi-Family Residential Dwelling" or "Multi-Family" means any Multiple-Unit Dwellinga residential premises with five (5) or more dwelling units and/or refers. Multi-Family does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. (q)(vv) “Non-Compostable Paper” includes but is not limited to programs serving paper that is coated in a plastic material that will not breakdown in the people living in such properties.composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(ww) (r) "Organic Waste" shall have“Non-Local Entity” means the same definitionfollowing entities that are not subject to the City’s enforcement authority, or as is describedotherwise defined in 14 CCR Section 18982(a)(42):
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2. Federal facilities, including military installations, located within the boundaries of the Jurisdiction.
3. Prison(s) located within the boundaries of the City.
4. Facilities operated by the State park system located within the boundaries of the City.
5. Public Resources Code § 42649.8universities (including community colleges) located within the boundaries of the City.
6. County fairgrounds located within the boundaries of the City.
7. State agencies located within the boundaries of the City. (xx) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as itotherwise defined in 14 CCR Section 18982(a)(43).
(yy) “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.
(r)(zz) “Organic Waste" means waste 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, untreated lumber, untreated wood, Paper Products, Printing and Writing Papers, manure, biosolids, digestate, and sludges. A listing of materials considered as Organic Waste shall be provided by the Franchisee and may be amendedrevised from time to time. by agreement of the City.
(aaa) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, including those entities that serve food or beverages on its premises for immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(48). (bbb) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
(ccc) "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).
(ddd) "Prohibited Container Contaminants" means the following: (s)
1. Discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Material for the City's Blue Container collection program;
2. Discarded materials placed in the Green Container that are not identified as acceptable Source Separated Organic Waste for the City's Green Container collection program;
3. Discarded materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Material and/or Source Separated Organic Waste to be placed in City’s Blue Container and/or Green Container collection program; and 4892-5298-1965 v1
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4. Any material prohibited to be placed in any container pursuant to Section 6-2.104 and Section 6-2.204(e).
(s)(eee) "Public Place" means streets, sidewalks, boulevards, alleys, or other public ways, public parks, squares, spaces, grounds, and buildings, and the portions of private premises held open to the public. (t) "Recyclable Materials" means newspaper, cardboard, mixed color paper, white paper, junk mail, magazines, telephone books, paper bags, cereal and food boxes, egg cartons, plastic bottles, and containers labeled #1-7, plastic milk containers, plastic bags, detergent containers, clear, brown, and green food and beverage container glass, cans of aluminum, steel, tin, food cans, empty aerosol cans, pie tins, or other materials having economic value contained within a load of recyclable materials. (fff) (u) “Public Receptacles” means containers that are for usage in Public Places for the collection of Source Separated Solid Waste, Recyclable Material and/or Organic Waste. (ggg) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(hhh) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(iii) "Recyclable Material" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. A listing of materials considered as Recyclable Material shall be provided by the Franchisee and may be revised from time to time by agreement of the City. (jjj) “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).
(kkk) “Refuse” means all putrescible and nonputrescible solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanating from a Premises, including garbage, rubbish, trash, refuse, ashes, industrial wastes, vegetable or animal solid or semisolid wastes, and other solid and semisolid wastes. Refuse does not include Recyclable Material, Organic Waste, Construction and Demolition Debris, Bulky Waste, or Excluded Waste.
(u)(lll) "Residential" shall mean of, from, or pertaining to a Single-Unit Dwelling premises or Multi-Unit Dwelling premises including Single-Familysingle-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments with (4) or less dwelling units. For the purposes of this Chapter, the definition of Residential does not include Multi-Family Residential Dwellings.
(mmm) (v) “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). For the purposes of Edible Food Recovery, Restaurant shall mean 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (nnn) “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). 4892-5298-1965 v1
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(ooo) “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. (ppp) "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted on November 3, 2020 that added Chapter 12 to Division 7 of Title 14 of the California Code of Regulations (CCR) and amended CCR Title 14, Division 7, Chapters 3, 3.1, 3.2, 5, 9 and 12, commencing with Section 17402, and CCR Title 27, Division 2, Chapters 2, 3, and 4, commencing with Section 20164.
(qqq) “Self-Hauler” means a person who hauls Refuse, Recyclable Material and/or Organic Waste 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). Back-haul means generating and transporting Solid 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). (v)(rrr) "Sharps" means any needles, syringes and lancets used for application, removal, or testing needed for medication, fluid sampling, or any other application. (w)(sss) (w) "Single-Unit Dwelling" means a dwelling designed for or occupied exclusively for human shelter by one (1) family.
(ttt) (x) "“Solid Waste" means ” 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, and other materials and substancesashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded or rejected as being spent, useless, worthless, or in excess to the Generator thereof at the time of such discard or rejection and which are normally 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 by or collected from residential premises, commercial premises and institutional establishments, which are acceptable at Class III landfills under applicable law, and which are originally discarded by the first Generator thereof and have not been previously processed.
Solid wastesolid and semisolid wastes, with the exception that Solid Waste does not include electronic waste, hazardous waste, medical waste, infectious waste, liquid wasteany of the following wastes:
Electronic Waste, Hazardous Waste, Medical Waste, Infectious Waste, Liquid Waste, construction and demolition debris, Excluded Waste, or universal waste.Universal Waste. Solid wasteWaste includes only those materials which were originally discarded by the first Solid Waste Generator thereof, prior to any processing at any premises within the City. Organic waste is a type of solid waste unless context requires
Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time (also known as HHW). Solid Waste includes salvageable materials only when such materials are included for collection in a Solid Waste Collection Container, not Source Separated from Solid Waste at the site of generation. 4892-5298-1965 v1
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(uuu) "Solid Waste Generator" means a person or entity that is responsible for the initial creation of Solid Waste.
(vvv) "Source Separating" or "Source Separated" means the process of removing or separating Recyclable Material or Organic Waste from Solid Waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for such materials for the purpose of recycling, composting, processing or reuse.
(x)(www) “Source Separated Blue Container Organic Waste” means Organic Waste that can be placed in a Blue Container that is limited to the collection of those Source Separated Organic Wastes and NonOrganic Recyclables as identified by the Franchisee and defined in Section 18982(a)(43), or as otherwise. defined by Section 17402(a)(18.7).
(xxx) (y) "Source Separated Organic Waste” means Organic Waste that has been Source Separated that are accepted in the Green Container. 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, Recyclable Material, carpets, Non-Compostable Paper, and textiles.
(yyy) “Source Separated Recyclable Material” means Source Separated Non-Organic Recyclable and Source Separated Blue Container Organic Waste that are accepted in the Blue Container that have been Source Separated by the Solid Waste Generator.
(zzz) “ State” means State of California.
(aaaa) “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). (bbbb) “Tier One Commercial Edible Food Generator” or “Tier One” means a Commercial Edible Food Generator that is one of the following:
Supermarket with gross annual sales greater than or equal to $2 million Grocery Store with a total facility size equal to or greater than or equal to 10,000 square feet.
Food Service Provider.
Food Distributor.
Wholesale Food Vendor.
(cccc) “Tier Two Commercial Edible Food Generator” or “Tier Two” 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. 4892-5298-1965 v1
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(y)(dddd) "Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations, including, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and E-Waste. (eeee) "Waste Management Act" or "AB 939" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended from time-to-time. (ffff) “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 189852(a)(76).
( Ord. No. 21-792 , § 3, 11-23-2021)( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.A, 11-28-2017 ) Sec. 6-2.102. Accumulation of Waste.
(a) (a) No person shall throw or deposit wasteSolid Waste in or upon a public placePublic Place except in public receptaclesPublic Receptacles, in containers for collectionCollection Containers, or at a permitted transfer stationsstation or landfillslandfill. (b) (b) Persons placing litterLitter in public receptaclesPublic Receptacles or in containersCollection Containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon a public place.Public Place that result in it becoming Litter. (c) (c) Every person in possession, charge, or control of any property shall keep such property free and clean of any accumulation of solid wasteSolid Waste.
(d) (d) Except as otherwise provided in this Chapter, no person shall deposit, keep or accumulate or permit or cause to be deposited or to remain on property, any solid wasteSolid Waste. (e) (e) No person shall place, deposit, or dump solid wasteSolid Waste or cause solid wasteSolid Waste to be placed, deposited, or dumped upon private property. (f) (f) No person shall sweep into or deposit in a public placePublic Place, the accumulation of solid wasteSolid Waste from a building or lot or public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises or business free of wasteSolid Waste.
(g) (g) If a person within the City has not complied with an order of the Code Enforcement Officer to remove accumulation of solid wasteSolid Waste deemed dangerous to the public health to delay its removal, the Code Enforcement Officer may enter the premises and remove the offensive accumulation. The person responsible for such accumulation shall be liable to the City for the costs of collection, in addition to other penalties.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.103. Burying and Burning Prohibited.
The placement or burial of solid waste (excluding organic waste)Solid Waste upon private property or a public placePublic Place or burning of solid wasteSolid Waste within the City is prohibited and is a misdemeanor. ( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.B, 11-28-2017 ) 4892-5298-1965 v1
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Sec. 6-2.104. Materials Prohibited From Containers.
The placement of electronic, universal, household hazardous, infectious, liquidElectronic Waste, Universal Waste, Household Hazardous Waste, Infectious Waste, Liquid Waste, or medical wasteMedical Waste, material, fluids, equipment, retainers, or medical sharpsSharps in a residentialCollection Container or commercial containerPublic Receptable covered by this Chapter is prohibited and is a misdemeanor. ( Ord. No. 12-713, § 2, 11-6-2012 )( Ord. No. 12-713, § 2, 11-6-2012 ) Sec. 6-2.105. Storage.
(a) (a) No person shall store solid wasteSolid Waste in any boxes, bags, or barrels of any type within a public placePublic Place or between any front lot line and the main building on a residentialResidential or commercial lotCommercial property, or within that portion of the street side of a corner lot equal to the depth of the required street side yard.
(b) This Section shall not preclude:
(b) (1) The storage of solid wasteSolid Waste in a containerCollection Container of a commercial establishmentCommercial Business, in front of a main building if such bin or containerCollection Container is within a solid wall enclosure lawfully erected and maintained in such a manner to allow access to the bin or containerCollection Container for collection of waste by the franchiseeFranchisee. (c) (2) The storage of solid wasteSolid Waste from renovations of residentialResidential or commercial buildingsCommercial Business or major landscaping work in temporary use covered containersCollection Containers and such containerCollection Container may be placed in view from a public placePublic Place if such placement is for the convenience of the collection by the franchiseeFranchisee and is not in violation of any other municipalMunicipal Code, and any such temporary use shall be limited to the reasonable time needed to complete such renovations or work not to exceed six months. (d) (3) The storage of solid wasteSolid Waste in a covered containerCollection Container for collection and removal by the franchiseeFranchisee.
(e) (4) A person, whose waste is collected or removed by the franchiseeFranchisee, from placing or maintaining a containerCollection Container in the manner set forth in this chapterChapter within the public placePublic Place in front of the premises from which such solid waste emanated; provided, however, no such containerCollection Container shall be placed within any public placePublic Place earlier than 6:00 a.m. on the day preceding the day for the collection of waste, nor be allowed to remain within the public placePublic Place later than 6:00 a.m. on the day following such collection. ( Ord. No. 12-713, § 2, 11-6-2012 )( Ord. No. 12-713, § 2, 11-6-2012 ) Sec. 6-2.106. Receptacles: Containers.
Every person in possession, charge, or control of residentiala Residential or commercial premisesCommercial property shall utilize containersCollection Containers of adequate size and collected at an adequate frequency to contain the amount of solid waste and recyclable materialsSolid Waste ordinarily accumulating at such place during the intervals between collections. Notwithstanding the foregoing, multifamily residential dwellings that consist of fewer than five (5) units are not required to collect organic waste, unless required to do so by AB 1826 or other applicable law. Such receptacle shall be provided by the franchisee and approved by the City. The containersThe Collection Containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed and locked, except when depositing waste, to prevent the loss of any waste material. 4892-5298-1965 v1
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( Ord. No. 12-713, § 2, 11-6-2012 ); Ord. No. 17-756, § 1.C, 11-28-2017 ) Sec. 6-2.107. Receptacles: Placement for Collection.
(a) (a) Solid Waste and Recyclable Materials containersCollection Containers shall be placed, as required by the franchiseeFranchisee, within five (5) feet of the public placePublic Place on collection days and shall be readily accessible for collection.
(b) (b) Notwithstanding the provisions of this Chapter, persons storing solid waste and/or recyclable materials Solid Waste in containersCollection Containers may request the franchiseeFranchisee to enter upon their residential premises to collect such containersCollection Containers. (c) (c) Solid Waste and Recyclable Materials shall be enclosed in containersCollection Containers in such a manner so that no portion of the enclosed material shall be blown by the wind, leak, or spill out during the period of storage, prior to, or during its collection. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.108. Collection: Franchise.
(a) (a) The City may grant an exclusive franchise agreementFranchise Agreement for solid waste and recyclable materialsthe collection service, transportation, and proper disposal or processing for recovery of Solid Waste and the operation of other programs required by the Recycling Act within all or any portion of the City. The City may grant an exclusive franchise agreementFranchise Agreement upon a determination that the public health, safety and well-being are thereby served and in order to comply with the requirements of the Recycling Act and the, Waste Management Act. and SB 1383 Regulations.
The franchise agreementFranchise Agreement shall be granted by resolution pursuant to the process set forth in this divisionChapter.
(b) Under no circumstances shall a person be permitted to be the franchisee for a period exceeding fifteen (15) years without the award of a subsequent franchise agreement being the subject of a competitive request for proposals process to ensure that such party continues to provide the best overall value to the City, its residents, and businesses. The request for proposals shall be distributed to no less than five companies providing solid waste collection services under municipal franchises in the greater southern California area.
The request for proposals process shall consider numerous factors affecting the value of services including, but not necessarily limited to: the experience and/or reputation of the provider, the quality or level of service provided, the recycling services offered, and the cost of the service. There is no obligation placed on the City to select the lowest priced provider of services identified through such process if such provider does not represent the best value.
(c)(b) (c) The City may regulate, by ordinance or resolution and through the franchise agreementFranchise Agreement, all aspects of wasteSolid Waste collection and recycling service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services. (d)(c) (d) When a franchise agreementFranchise Agreement for the collection of solid wasteSolid Waste is in effect, no person, other than employees of the franchiseeFranchisee, may collect, haul or transport waste or recyclable materials within the City, except as set forth in Section 6-2.109 below. (e)(d) (e) Any grantee of a franchise agreementFranchise Agreement shall pay to the City a Franchise Fee and a Contract Administration Fee, the amounts of each shall be set forth in the Franchise Agreement approved by the City Council. The City Council shall have the right to adjust the amount or 4892-5298-1965 v1
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calculation of the fees from time-to-time at any point during the term of the Franchise Agreement, subject to the procedures for adjustment described in the Franchise Agreement. (f)(e) (f) No person shall interfere with the collection or disposal of solid waste, by a person authorized by license, franchise, or contractFranchise to collect and dispose of same. (g)(f) (g) No person other than the franchiseeFranchisee, or an agent or employee thereof, shall tamper or meddle with, or remove items from, a container or receptacleCollection Container or Public Receptables placed for collection by the City or the franchiseeFranchisee. (h)(g) (h) It shall be unlawful for any person to solicit, accept, engage, or otherwise utilize solid waste collection, transportation and/or handling service of Solid Waste for paid consideration by a person not authorized to provide such service.
(i)(h) (i) No person other than the franchiseeFranchisee shall offer to handle solid wasteSolid Waste or handle solid waste on behalf of another in exchange for compensation in any form or amount. ( Ord. No. 12-713, § 2, 11-6-2012 )( Ord. No. 12-713, § 2, 11-6-2012 ) Sec. 6-2.109. Collection: Limitations.
The exclusive right of any franchiseeFranchisee to collect waste and recyclable materialsSolid Waste is subject to the following exclusions:
(a) (a) Self -Haul. Solid waste or recyclable materialWaste may be removed and personally transported from a premises by the owner or occupant for the purpose of lawfully delivering same to a solid waste facility authorized and permitted to receive and handle solid waste Solid Waste and recover Recyclable Material and/or recyclable materialsOrganic Waste. Owners or occupants may delegate the responsibility of delivering such materials to a solid waste facility to a third party if it is done on a voluntary basis and no compensation is tendered in exchange for the service or rental of containers and in accordance with Section 6-2.206 and 6-2.212(b) of this Chapter.
(b) (b) Gardeners and Landscapers. A gardener or landscaper may collect, transport, and dispose of yard wastesGreen Waste generated as an incidental part of providing gardening, landscape maintenance service, provided the gardener or landscaper shall not be a hauling service or solid waste enterprise, and shall not separately or additionally charge for the incidental service of removing, transporting, or disposing of the yard wasteGreen Waste, and shall use only employees and equipment to collect, transport, and dispose of same.
(c) (c) Contractors and Remodelers. A construction contractor, holding a contractor's license issued by the State of California, may collect, transport, and dispose of inert materials or demolition waste from remodeling or construction jobs generated as an incidental part of providing such remodeling or construction services, if the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting, or disposing of the inert materials or demolition waste, and use only employees and equipment to collect, transport, and dispose of same.
(d) (d) Other. Additional limitations and exclusions as may be set forth in the Franchise Agreement. ( Ord. No. 12-713, § 2, 11-6-2012 )
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Sec. 6-2.110. Collection: Service Required to Occupied Premises. (a) (a) Every person who owns, and every person who occupies, developed and occupied real property shall receive and pay for solid waste and recyclable materialsSolid Waste collection with the franchiseeFranchisee, unless otherwise subject to a waiver under this Section or Section 6-2.212, at rates not to exceed those approved by the City Council. However, only those properties subject to AB 1826, as it may be amended from time to time, must receive and pay for organic waste collection. (b) (b) Every person requiring collection service shall apply for such service and the City shall be held harmless for loss occasioned by entry upon the property for collection service. (c) (c) Owners of multi-family and commercial premisesCommercial properties shall comply with mandatory recycling requirements of the Recycling Act and SB 1383. The City Manager or designee may permit exemptions from the requirements on the basis: (i) the subject propertyProperty does not generate recyclable materialsRecyclable Material or Organic Waste; (ii) the subject propertyProperty does not have adequate space to accommodate a containerCollection Container for recyclable materialsRecyclable Material or Organic Waste; or (iii) the propertyProperty owner can demonstrate that they recycle their waste material through other methods acceptable under State law. (d) (d) Failure to comply with this sectionChapter may be subject to administrative citations of $25.00 for each day, of non-compliance.
( Ord. No. 12-713, § 2, 11-6-2012 ; Ord. No. 17-756, § 1.D, 11-28-2017 ) Sec. 6-2.111. Collection: Frequency.
The franchiseeFranchisee shall collect solid waste and recyclable materialsSolid Waste located at or resulting from the lawful use of occupied property. Collection days shall be Monday through Friday of each week and collection hours shall be from 6:00 a.m. until 6:00 p.m., unless otherwise determined by the Council, whereupon notice in writing specifying the days of collection shall be given by the City to all persons within the City of whom the service is rendered. Solid waste containersCollection Containers shall not be placed for service or be serviced by the franchiseeFranchisee less frequently than once each seven (7) days for Refuse and Organic Waste and fourteen (14) days for Recyclable Material.
The City Manager or designee may authorize the collection of wasteSolid Waste at times or from places otherwise prohibited by this chapterChapter if such collection is necessary for the protection of the property or health of the general public.
( Ord. No. 12-713, § 2, 11-6-2012 )
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.112. Collection: Rates.
(a) (a) The maximum rates for the collection of solid waste and recyclable materialsSolid Waste within the City charged by the franchiseeFranchisee shall be approved by the Council in the Franchise Agreement.
(b) (b) The rates established by the Council shall apply to the collection, at the regular intervals set forth in this Chapter, normally resulting from the lawful use of residentialResidential and businessCommercial premises.
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(c) (c) The owner of each property receiving waste and recyclable materials collection service shall be ultimately liable for payment of rates charged by the franchiseeFranchisee. (d) (d) The franchiseeFranchisee shall not charge any rate, service fee, penalty, or request any other payment from a customerSolid Waste Generator in the City that has not been authorized in the Franchise Agreement.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.113. Collection: Complaints and Adjustments.
The City Manager or designee shall resolve complaints between the person receiving service and the franchiseeFranchisee, and the aggrieved party may appeal in accordance with Title 1, Chapter 4. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.114. Scavenging.
It shall be a misdemeanor for any person to remove any solid waste or recyclable materials from a container placed for collection by the franchisee, other than the franchisee or account holder responsible for the subject container.
( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.115. Enforcement.
The Code Enforcement Officer shall enforce this Chapter. ( Ord. No. 12-713, § 2, 11-6-2012 )
Sec. 6-2.114. Scavenging.
It shall be a misdemeanor for any person to remove any Solid Waste from a Collection Container placed for collection by the Franchisee, other than the Franchisee or account holder responsible for the subject Collection Container.
( Ord. No. 12-713, § 2, 11-6-2012 )
- Code of Ordinances
TITLE 6 - SANITATION AND HEALTH
CHAPTER 2. - WASTE MANAGEMENT
ARTICLE 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
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ARTICLE 2. MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
Sec. 6-2.201. Definitions.
The following definitions shall be utilized for purposes of implementation of this Article 2. Capitalized terms used herein but not defined shall have the meaning ascribed to them in the SB 1383 Regulations. In the event of a conflict between a definition set forth in the SB 1383 Regulations and a definition set forth herein, the definition set forth in the SB 1383 Regulations shall control. In the event of a conflict between the definitions set forth in Article 1 of Chapter 2 (Waste Management) and the definition set forth herein, the definition set forth herein shall control.
(a) "Authorized Collector" means a private contractor authorized to provide collection services on behalf of the City through permit, contract, exclusive franchise agreement, or otherwise. (b) "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. (c) "CalRecycle" means the California 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). digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City.
(d) "Commercial Business" 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 with five or more units.
(e) "Compostable Plastics" means food-service and food-packaging plastic materials or plastic bags used for collecting organics material that are placed in the Green Container and transported to a compostable material handling operations or facilities, in-vessel digestion operations or other facility provided the organic waste processing facility accepts the material and has provided written notification annually to the City stating that the facility can process and recover that material for composability, as defined in 14 CCR Section 18984.1(a)(1)(A) for three container systems, and 18984.2(a)(1)(C) for two container systems.
(f) "Commercial Edible Food Generator" or "Edible Food Generator" means a person or entity that is responsible for the initial creation of Edible Food and includes Tier One and Tier Two Commercial Edible Food Generator as more specifically defined herein. (g) "Compostable Food Soiled Paper" means compostable Paper Products that are mixed in with Food Waste including but not limited to, compostable paper plates, napkins and pizza boxes, provided the approved compostable material handling operations or facilities, in-vessel digestion operations or other facility that recovers source separated Organic Waste accepts such material for processing and provides annual written notice thereof to the City.
(h) "Food Waste" means food scraps and trimmings and other putrescible waste that readily decomposes and results from food production, preparation, storage, consumption, or handling. Food Waste includes but is not limited to meat, fish and dairy waste, fruit and vegetable waste, grain waste, and Created: 2022-05-13 14:23:17 [EST]
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may include Compostable Food Soiled Paper and Compostable Plastics meeting the definitions provided herein.
(z)(a) (i) "Gray/Black 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/Black Container Waste. (aa)(a) (j) "Gray/Black Container Waste" means Solid Waste that is collected in a Gray and/or Black Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5).
(k) "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 Source Separated Green Container Organic Waste. (bb)(a) (l) "Green Waste" means tree trimmings, grass cuttings, dead plants, leaves, branches, and similar materials generated through landscaping activities other than construction activities. (m) ""Multi-family Residential Dwelling" or "Multi-Family" means residential premises with 5 or more dwelling units. Multi-family does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(n) 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, untreated lumber, untreated wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. (o) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, including those entities that serve food or beverages on its premises for immediate consumption.
(p) "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 City'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 City's Green Container; (iii) discarded materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Materials and/or Source Separate Green Container Organic Wastes to be placed in Cities Green Container and/or Blue Container; and (iv) any material prohibited to be placed in any container pursuant to Section 6-2.104 or any other section of this Municipal Code. (q) "Recyclable Material" means materials source-separated by the generator for the purpose of sorting, processing and being returned to the economic mainstream for use the altered form for manufacture of new, reused or reconstituted products through available processes and markets. A listing of materials considered as Recyclable Material shall be provided by the Authorized Collector and may be revised from time to time by agreement of the City and the Authorized Collector. (r) "Residential" means properties utilized for full-time human habitation, including single-family properties and multi-family properties with four (4) or less dwelling units. (s) "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. (t) "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted on November 3, 2020 that added Chapter 12 to Division 7 of Title 14 of the California Code of Regulations (CCR) and amended CCR Title 14, Division 7, Chapters 3,
3.1, 3.2, 5, 9 and 12, commencing with section 17402, and CCR Title 27, Division 2, Chapters 2, 3, and 4, commencing with section 20164.
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(u) "Solid Waste" means and includes all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, Construction and Demolition Debris, and any other discarded solid, semisolid, and liquid waste permitted to be disposed of at a Class III landfill and which are included within the definition of "Nonhazardous Solid Waste" set forth in 27 CCR Section 20220(a).
In addition, for purposes of this Ordinance, Solid Waste does not include source separated Recyclable Material, source separated Organic Waste, construction and demolition debris, manure and/or salvageable materials if such materials have been source separated by the generator for the purpose of recycling, composting, processing or reuse.
(v) "Solid Waste Generator" means a person or entity that is responsible for the initial creation of Solid Waste.
(w) "Source separating" or "source separated" means the process of removing or separating Recyclable Materials or Organic Waste from Solid Waste at the place of generation, prior to collection, and placing them into separate containers that are separately designated for such materials for the purpose of recycling, composting, processing or reuse.
(x) "Source Separated Green Container Organic Waste (or SSGCOW) 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 Recyclable Material, carpets, paper products, printing and writing paper, and textiles. SSGCOW is a subset of Organic Waste. (y) "Tier One Commercial Food Generator" shall have the meaning set forth in 14 CCR Sections 189852(a)(73).
(z) "Tier Two Commercial Food Generator" shall have the meaning set forth in 14 CCR Sections 189852(a)(74).
( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.202. Authorization.
The City Manager, or their designee, is hereby authorized to make any determinations, or undertake or arrange for any programs or activities required to implement and enforce the SB 1383 Regulations. The SB 1383 Regulations are hereby incorporated into this ArticleChapter in their entirety as if fully set forth herein. ( Ord. No. 21-792 , § 3, 11-23-2021)( Ord. No. 21-792 , § 3, 11-23-2021) Sec. 6-2.203202. City Manager Non-delegableDelegable Authority and Responsibilities.
In undertaking his or her obligations herein, the City Manager, or his or her designee, shall have sole authority and responsibility to perform the following non-delegable determinations, programs or activities, but in so doing may utilize City personnel:
(a) (a) Granting waivers from certain AB 341 and/or SB 1383 Regulations to an Organica Solid Waste Generator, and preparation and maintenance of records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.11 and Section 6-2.212 of this Chapter. (b) Conducting inspections and investigations in accordance with Section 18995.1 of Organic Waste Generators for compliance with applicable SB 1383 Regulations and the Municipal Code, and preparation and maintenance of records regarding such activities. 4892-5298-1965 v1
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(c)(b) (c) Conducting inspectionsConducting Inspections and investigations of complaints in accordance with Section 18995.3 of alleged violations of Chapter 12 of the SB 1383 Regulations, and preparation and maintenance of records regarding such activities. (d)(c) (d) Applying for waivers or exemptions from certain SB 1383 Regulations granted by CalRecycle and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.12.
(e)(d) (e) Applying for waivers from SB 1383 requirements granted by CalRecycle in the event of emergencies or disasters and maintaining records regarding such waivers and exemptions as set forth in 14 CCR Section 18984.13.
(f)(e) (f) Regulating Commercial Edible Food Generators, Food Recovery Organizations and Food Recovery Services for their compliance with applicable SB 1383 Regulations. (g)(f) (g) Regulating Organic Waste generatorsGenerators for their compliance with applicable SB 1383 Regulations.
(h)(g) (h) Initiating, inspecting, and prosecuting enforcement actionsEnforcement Actions against Authorized CollectorsFranchisee, Food Recovery Organizations, Food Recovery Services and Organic Waste Generators for violation of this ordinanceChapter, including the determination and assessment of penalties as set forth in 14 CCR Sections 18995.1, 189955.4, 18997.1 and 18997.2. (i)(h) (i) Receipt and investigation of written complaints of alleged violations of Chapter 12 of Title 14 as set forth in 14 CCR Section 18995.3.
(j)(i)(j) Undertaking Organic Waste capacity planning, as set forth in 14 CCR Section 18992.1, and Edible Food Recovery capacity planning, as set forth in 14 CCR Section 18992.2. (k)(j) (k) Maintaining and submitting records and reports required by the SB 1383 Regulations. ( Ord. No. 21-792 , § 3, 11-23-2021)( Ord. No. 21-792 , § 3, 11-23-2021) Sec. 6-2.204203. Delegable Responsibilities.
Except for those determinates, programs, or activities that are non-delegable as set forth under Section 6-
2.203202, in undertaking his or her obligations under Section 6-2.202201, the City Manager, or his or her designee, may undertake programs or activities implementing applicable provisions of the SB 1383 Regulations, and in so doing may utilize City personnel, or may make arrangements for these delegable programs or activities as set forth in the SB 1383 Regulations with an Authorized Collectora Franchisee, Food Recovery Organization, Food Recovery Service, other private or non-profit entities, or through agreements with other jurisdictions. ( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.205. 204. Solid Waste Generator Requirements.
(a) (a) Owners of Residential or Commercial properties and other persons utilizing such properties that are Solid Waste Generators must:
(1) (1) Subscribe and pay for collection service for all Solid Waste, Recyclable Material and Organic Waste, unless a waiver has been granted by the City, or the Solid Waste Generator selfhauls such materials; and . 4892-5298-1965 v1
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(2) (2) Participate in the city's Organic Waste collection service by placing designated materials in designated containers as described in Section 6-2.205(b204(e) and shall not place Prohibited Container Contaminants in collection containersCollection Containers. (b) (b) All Residential and Commercial properties, unless otherwise authorized to self-haul in accordance with Section 6-2.109(a) and 6-2.206 of this Municipal Code, shall be automatically enrolled in the City’s three-container collection service with a Gray/Black, Blue and/or Green Container for Source Separated Refuse, Source Separated Recyclable Material, and Source Separated Organic Waste.
The City shall have the authority to change the minimum required service levels at any given time. The Generator’s Source Separated Recyclable Material service level and Source Separated Organic Waste service level must be sufficient for the amount of Source Separated Recyclable Material and Source Separated 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) Owners of Residential and Commercial properties and other persons utilizing such properties that are Solid Waste Generators are responsible to adjust their level of service to ensure compliance with this Chapter and are responsible for failure to subscribe and pay for such service, or to undertake other allowable methods of diversion. Self-hauling may be undertaken in accordance with Section 6-2.109(a) and 6-2.206 of this Municipal Code and 14 CCR 18988.3.
(b)(d) The City reserves the right to make the final determination as to the type, number, and size of containers to be provided to the residence orall Residential and Commercial Businessproperties to ensure adequate service and proper separation of materials and containment of materials for expected collection volumes.
(c) Owners of Residential or Commercial properties and other persons utilizing such properties that are Solid Waste Generators are responsible to adjust their level of service to ensure compliance with this Article and are responsible for failure to subscribe and pay for such service, or to undertake other allowable methods of diversion. Self-hauling may be undertaken in accordance with Section 6-2.109(a) of the California City Municipal Code and 14 CCR 18988.3.
Organic Waste Generators shall comply with the applicable requirements of the City Code relating to collection and recovery of organic waste or the applicable SB 1383 Regulations and failure to comply may result in an enforcement action as set forth in Section 6-2.209 of this Municipal Code. (e) (d) The City has implemented a standard organic waste collection servicesservice using threecontainers Collection Containers in accordance with Chapter 12, Article 3 of the SB 1383 Regulations. (1) (1) The Gray/Black Container is provided solely for the placement and collection of nonorganic Solid WasteRefuse. No Organic Waste or Recyclable Material isare permitted in the Gray/Black Container.
(2) (2) The Blue Container is provided solely for the placement and collection of Recyclable Material. No Source Separated Green Container Organic Waste or non-Recyclable Material isare permitted in the Blue Container.
(3) (3) The Green Container is provided solely for the placement and collection of Source Separated Green Container Organic Waste. No Recyclable Material or non-organic Solid Waste isRefuse are permitted in the Green Container.
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(f) It shall be unlawful and a violation of this ArticleChapter to place Prohibited Container Contaminants in a collection container, and may subject the Generator to a contamination processing fee or Enforcement Action as set forth in Section 6-2.209213 of this Municipal Code. (g) Organic Waste Generators shall comply with this Chapter relating to collection and recovery of Organic Waste or the applicable SB 1383 Regulations and failure to comply may result in an Enforcement Action as set forth in Section 6-2.213 of this Municipal Code. ( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.206205. Commercial BusinessGenerator Requirements. (a) Commercial Businesses shall subscribe to and comply with organic waste collection services or self-haul in accordance with the California City Municipal] Code Section 6-2.109(a) and in compliance with 14 CCR Sections 18984.9(a) and 18984.10(a).
(b)(a) (b) Excluding Multi-Family Residential dwellingsDwellings, a Commercial Business that generates OrganicSolid Waste Generator shall provide containers for the collection of Source Separated OrganicSolid Waste generated by that businessproperty in all indoor and outdoor areas, except for restrooms, where the Commercial Business provides disposal containers for customers and shall comply with the requirements of 14 CCR Section 18984.9(b). If a Commercial Business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of container, then the business does not have to provide that particular type of container in all areas where containers are provided for customers.
(b) (c) Excluding Multi-Family Residential Dwellings, a Commercial Solid Waste Generator shall provide containers for the collection of Source Separated Solid Waste according to the following:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City or its Franchisee, 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 articlethe subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first, as set forth in 14 CCR 18984.9(d).. (2) (d) 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. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (c) A Commercial BusinessesOrganic Waste Generator shall at least annually provide information to employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Organic Waste, and for new tenants within fourteen (14) days of occupation of premises.
(d) (e) Excluding Multi-Family Residential Dwellings, a Commercial BusinessesGenerator shall, to the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program.
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(e) Excluding Multi-Family Residential Dwellings, a Commercial Generator shall periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(d)(f) A Commercial Generator shall provide or arrange for access to their propertiesproperty for Inspections or Compliance Reviews conducted by CalRecycle or the City or its Delegee pursuant to Article 14 of the SB 1383 Regulations, provided, however, that nothing is intended to permit an inspector to enter the interior of a private residential property, as set forth in 14 CCR Section 18984.10(c).
(e)(g) (f) A Commercial BusinessGenerator may apply for a waiver of some or all of the Organic Waste requirements of the applicable SB 1383 Regulations to the City, in accordance with procedures established by the City as set forth in 14 CCR 18984.11. and Section 6-2.212 of this Municipal Code. Any waiver may be granted and issued only by the City in writing. Nothing in the foregoing shall exempt a Commercial Business from compliance with Section 42649.81 of the Public Resources Code. ( Ord. No. 21-792 , § 3, 11-23-2021)Sec.
Sec. 6-2.207. Commercial Edible Food Generator 6-2.206. Self-Hauler Requirements. (a) Commercial Edible Food Generators shall comply with the following in accordance with 14 CCR Sections 18991.3 and 18991.4:
(a) (1) Self-Haulers shall Source Separate all Refuse, Recyclable Material and/or Organic Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Material to a facility that processes or otherwise recovers those materials; and haul their Source Separated Organic Waste to a solid waste facility, operation, activity, or property that processes or otherwise recovers Organic Waste.
Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall apply for an alternative service waiver in accordance with Section 6-2.212. (d) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall keep a record of the amount of Recyclable Material or Organic Waste delivered to each solid waste facility, operation, activity, or property that processes or otherwise recovers such material; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Recyclable Material or Organic Waste. (e) Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in this Chapter to the City, if requested. 4892-5298-1965 v1
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(f) A Residential Self-Hauler is not required to record or report information referenced in this Chapter or apply for a waiver.
6-2.207. Haulers and Facility Operator Requirements.
(a) Requirements for the Franchisee.
(1) The Franchisee shall provide Residential, Commercial, and/or industrial collection services to Organic Waste Generators within the City's boundaries and shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
i. Through written notice to the City annually identify the facilities to which they will transport waste including facilities for Source Separated Solid Waste, Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Mixed Waste, if applicable.
ii. Transport Source Separated Recyclable Material, Source Separated Organic Waste, and Mixed Waste (if applicable) to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. iii. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site. (2) Franchisee 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, or other agreement entered into with the City.
(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 City 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 City shall respond within 60 days.
(2) Community Composting operators, upon City request, shall provide information to the City 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, if applicable. Entities contacted by the City shall respond within 60 days. (NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.208. Construction and Demolition Recycling Requirements. (a) Persons applying for a permit from the City 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 than the requirements of this Section, the CalGreen requirements shall apply.
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(b) Project applicants shall refer to Article 6, Chapter 10 of this Municipal Code for complete CALGreen requirements.
(c) Commercial properties shall provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Source Separated Recyclable Material and Source Separated Organic Waste, or comply with provision of adequate space for Commercial premises. (d) 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 Source Separated Recyclable Material and Source Separated Organic Waste, consistent with the three-container collection program, or shall comply with provision of adequate space for Recyclable Material and/or Organic Waste for Commercial premises.
(e) Projects covered under this section and Article 6, Chapter 10 must comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal, and comply with Article 6, Chapter 10 of this Municipal Code and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
(NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.209. Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators shall comply with the requirements of the SB 1383 Regulations commencing January 1, 2022this Chapter pursuant to 14 CCR Section 18991.3. (2) Tier Two Commercial Edible Food Generators shall comply with the requirements of the SB 1383 Regulations commencing January 1, 2024.
(c)(b) (3) A Large Venue or Large Event operator that doesoperators not provideproviding food services, but allowsallowing for food to be provided by others, shall require food facilities Food Facilities operating at the Large Venue or Large Event to comply with the requirements of the SB 1383 Regulations. this Chapter.
(c) (b) A Commercial Edible Food Generator shallCommercial 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.
(1)(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 the City’s designated enforcement entity or designated third party 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:
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i. 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).
ii. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
iv. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
v. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
vi. The established frequency that food will be collected or self-hauled. vii. The quantity of food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this Chapter 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).
( Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.208. 210. Requirements for Food Recovery Services and Organizations. (a) A Food Recovery OrganizationServices collecting or Food Recovery Service that has established a contract or written agreement to collect or receive 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 in the SB 1383 Regulations. 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):
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(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 City 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 City it is located in 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).
(d) Food Recovery Capacity Planning
(1) In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides Solid Waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
(Ord. No. 21-792 , § 3, 11-23-2021)
Sec. 6-2.
Sec. 6-2.209211. Inspections and Investigations.
(a) City representatives and/or its designated entity, including Delegees that 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 Section by Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. (b) Regulated entities shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City’s employee or its designated entity/Delegee 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 Chapter 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 Chapter and may result in penalties described.
(c) Any records obtained by a City 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) City representatives, its designated entity, and/or Delegee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
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(e) City shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints. (NEW ADD – NEEDS ORDINANCE #)
Sec. 6-2.212 Waivers.
(a) A Commercial Solid Waste Generator or property owner may request a waiver for Recyclable Material and/or Organic Waste collection service by completing a waiver request application for the following reasons:
(b) Alternative Service Waiver. A Commercial Solid Waste Generator or property owner may request an alternative service waiver specifying the services that they are requesting a waiver from if the Generator uses, at no cost, a third-party vendor, self-hauls, backhauls or utilizes an onsite recycling and/or composting facility for the processing or otherwise recovery of all Recyclable Material and/or Organic Waste in accordance with Section 6-2.206. Self-Haulers (including back-haulers) will submit a waiver to be reviewed by the City every twelve (12) months. (c) De Minimis Waiver. A Commercial Solid Waste Generator or property owner may request a de minimis waiver specifying the services that they are requesting a waiver from and provide documentation that either:
(1) The Solid Waste Generator’s total 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 (2) The Solid Waste Generator’s total 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) The Solid Waste Generator must notify the City if circumstances change that such Solid Waste Generator’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(d) Physical Space Waiver. A Commercial Business or property owner may request a physical space waiver specifying the services that they are requesting a waiver from and provide the following (1) 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. (e) Collection Frequency Waiver. A Commercial Business or property manager may arrange to have the collection of their Blue Container serviced once every fourteen days, rather than once per week. A waiver application is not required for a collection frequency waiver and may be automatically granted through a request with the Franchisee.
All Residential and Commercial Solid Waste Generators will be automatically enrolled in the City’s three-container collection program with the Franchisee.
Commercial Solid Waste Generators must provide written verification of eligibility for a de minimis waiver and/or physical space waiver no less than every five years, if the City has approved such waiver.
Waivers will be reviewed and approved as needed by the Public Works Department and will not be reassigned to the City’s Designee or Franchisee. Applicants may need to resubmit waivers periodically to verify ongoing program implementation. The City reserves the right to rescind approved waivers.
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Sec. 6-2.213. Enforcement.
Failure to comply with the provisions of this Article may result in an enforcement action or penalty under the California City Municipal Code Sections 1-3.01 and 1-5.04, 14 CCR Section 18997.1, and 14 CCR Section 18997.2. (a) Violation of any provision of this Chapter may constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer. Enforcement actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City’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 Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City 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 City staff and resources.
(c) Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Officer, which may be the City Manager or their designated entity, legal counsel, or combination thereof. (d) Process for Enforcement
(1) Enforcement Officer and/or its Delegee will monitor compliance with the Chapter randomly and through Compliance Reviews and/or Route Reviews, investigation of complaints, and an Inspection program. Section 6-2.211 establishes the City’s right to conduct Inspections and investigations. (2) City may issue an official notification to notify regulated entities of its obligations under this Chapter.
(3) With the exception of violations of Generator contamination of container contents addressed in this Chapter, City may issue a Notice of 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, City may commence an action to impose penalties, via an administrative citation and fine, pursuant to this Municipal Code.
(5) Notices shall be sent to Generator at the official address of the Generator maintained by the tax collector for the City or if no such address is available, to the Generator at the address of the Residential 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 $100 per violation. (2) For a second violation, the amount of the base penalty shall be $200 per violation. (3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation. (f) Factors Considered in Determining Penalty Amount
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The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this Chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued 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 City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing in accordance with Section 1-5.08 of this Municipal Code.
(i) Education Period for Non-Compliance
The City or its Designee will conduct Inspections, Route Reviews, waste evaluations, and/or Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required and that violations may be subject to administrative civil penalties. (j) Civil Penalties for Non-Compliance
If the City determines that an Organic Waste Generator, Self-Hauler, Franchisee, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section, as needed. ( Ord. No. 21-792 , § 3, 11-23-2021)
4892-5298-1965 v1
Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
Article 3. California Water Efficient Landscape
Sec. 6-2.301 Adoption of the California Model Water Efficient Landscape Ordinance.
The most recent version of the Model Water Efficient Landscape Ordinance contained in 23 California Code of Regulations Sections 490 through 495 inclusive is hereby adopted by reference in its entirety.
Sec. 6-2.302 Reporting to CalRecycle.
The building official or his or her designee shall report the number of landscape projects subject to the minimum application of Compost and mulch as set forth in Sections 492.6(a)(3)(B), (C), (D) and (G) of 23 CCR Division 2, Chapter 2.7 in compliance with 14 CCR Section 18994.2. Reports are due August 1 for the year prior. (NEW ADD – NEEDS ORDINANCE #)
- Code of Ordinances
TITLE 6 - SANITATION AND HEALTH
CHAPTER 10. CONSTRUCTION AND DEMOLITION RECYCLING
California City, California, Code of Ordinances Created: 2022-05-13 14:23:19 [EST] (Supp. No. 10)
CHAPTER 10. CONSTRUCTION AND DEMOLITION RECYCLING
Sec. 6-10.101. General.
This chapter regulates recycling of debris from demolition and construction within the City. This chapter provides for inventory of recyclable materials and accounting for the recycling of such materials. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.102 Definitions.
The following definitions apply for purposes of this chapter:
(a) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.
(b) “California Green Building Standards Code” or "CALGreen" means the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, also known as the CALGreen Building Codes.
(c) "Contractor" means any type under the laws of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling or landscaping service relating to buildings or accessory structures in the City. (d) "Construction" means building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined herein. (e) "Construction and Demolition Debris" or "C&D Debris" means:
(1) Discarded materials generally considered to be not water soluble and non hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project. (2) Clean cardboard, paper, plastic, wood, and metal scraps from construction or landscape project. (3) Non-construction and demolition debris wood scraps. (4) Insignificant amounts of other non-hazardous wastes generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry. (5) Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. (f) “Covered Projects” means all construction and demolition projects by non-City applicants and all Citysponsored demolition and renovation projects. Compliance with this chapter shall be included as a condition of approval on any construction or demolition permit issued for a covered project.
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(Supp. No. 10)
(g) “Deconstruction” means the process of systematically dismantling a structure, or a portion thereof, to maximize the potential to reclaim reusable C&D Debris and minimize the amount of C&D Debris that is disposed. Deconstruction includes adherence to the City’s health and safety protocols for such activities. (h) “Demolition” means decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior. Demolition refers to SIC Code 1795.
(i) "Designated Recyclable and Reusable Materials" means:
(1) Masonry building materials including products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick.
(2) Wood materials including any and dimensional lumber, fencing or construction wood that 'is not creosoted, preservative pressure treated, contaminated or painted. (3) Vegetative materials including trees: tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. (4) Metals including metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
(5) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material.
(6) Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. (j) “Disposal” means the final disposition of C&D Debris to a landfill. (k) “Landfill” means a facility for Disposal of non-recoverable waste defined in CCR Title 27. (l) “Permit” means a Deconstruction or Demolition and/or Construction permit issued by the City’s Building Department.
(m) "Project" means a demolition or construction activity for which a city permit is required, and, in the case of associated activities such as a housing development consisting of numerous single-family homes, an apartment complex consisting of several detached buildings, or a commercial development consisting of' several detached building, the "overall project" shall be defined as the entire development for purposes of determining exemption or non-exemption from the waste reduction requirements of this chapter. (n) “Recycling” means the process of collecting, delivering, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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.
(o) “Reuse” means further or repeated use of C&D Debris. (p) "Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations, including, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.
(q) “Waste Management Plan” means a document that outlines how a project will comply with local, state, and federal regulations for waste diversion.
(Ord. No. 08-09-670, 1-6-2009)
Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
Sec. 6-10.103. Diversion Requirements.
Covered Projects shall be required to recycle, salvage for reuse and/or otherwise divert the minimum amount required by the most current California Green Building Standards Code of Regulations, Title 24. Applicants must comply with CALGreen requirements and any future changes to that Code.
C&D Debris generated from every demolition, remodeling and construction project shall be diverted from going to landfill by using recycling, reuse, and diversion programs according the following requirements:
(a) Demolition: the current minimum CALGreen percentage of waste tonnage, including concrete and asphalt;
(b) Reroofing of structures as a separate project: the current minimum CALGreen percentage of wood, slate or stone waste, asphalt, and shingles when the Building Department certifies that a reasonable recycling option for this material is available; and
(c) Construction and remodeling: the current minimum CALGreen percentage of waste tonnage. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.
The combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the current minimum CALGreen percentage requirement as approved by the enforcing agency. [CalGREEN 5.408.1.3]
(Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.104. Covered Projects.
The following projects shall comply with requirements for a Waste Management Plan and deposit:
(a) Demolition of buildings five hundred (500) square feet or larger; (b) New construction projects for buildings larger than five hundred (500) square feet, and smaller buildings which are part of an overall project which totals five hundred (500) square feet or more; (c) Work requiring more than a permit for plumbing, electrical, or mechanical work; (d) Installation of pre-fabricated patio enclosures and covers if foundation or other structural building modifications are required:
(1) Installation of pre-fabricated accessories such as signs or antennas where structural building modifications are required.
(2) New roofs with significant removal of existing roofing materials (tear-off). (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.105 Exemption from Diversion Requirement.
(a) Application: If an Applicant believes it is infeasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this Section, the Applicant may apply for an exemption at the time the initial Waste Management Plan is submitted. Exemptions may be granted based on the following considerations:
(1) Lack of storage space onsite;
(2) Contamination by hazardous substances;
(3) Low recyclability of specific materials; and
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(4) Seismic tie-down projects.
(a) The Applicant shall indicate on the Waste Management Plan the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it infeasible to comply with the Diversion Requirement. (b) Determination by Compliance Official: The Building Department or the City's authorized agent shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. The Building Department shall determine whether the exemption will be granted, and may substitute an alternative lesser diversion requirement upon determination that it may reasonably be achieved by the Applicant using locally available diversion opportunities.
(Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.106. Waste Management Plan.
Every applicant shall submit a Waste Management Plan that:
Identifies the C&D Debris to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale.
Determines if C&D Debris will be sorted on-site (source-separated) or bulk mixed (single stream).
Identifies diversion facilities where C&D Debris collected will be taken.
Specifies that the amount of C&D Debris diverted shall be calculated by weight or volume, but not by both. (a) Every Applicant shall submit a properly completed initial Waste Management Plan, on a form as prescribed by the City, to the Building Department as a portion of the building or demolition permit process. The Plan will show how the applicant will satisfy the diversion requirement of Section 6-10.103 by diverting specific materials from disposal. The applicant will be encouraged to consult with the City's authorized agent in preparation of the Plan. Approval of the Plan as complete and adequate shall be a condition precedent to issuance of any building or demolition permit. The applicant shall submit an amended Waste Management Plan for review and approval prior to any deviation from the procedures set forth in the initial Plan. (b) The City Manager may designate the City's franchised solid waste hauler or another qualified entity as the City's authorized agent to review initial Waste Management Plans of permit applicants; to consult with permit Applicants on waste diversion options; and to review completed Waste Management Plans and accompanying documentation to certify to the Building Department whether the requirements of this chapter have been fulfilled by the Applicant. Any finding of the City's authorized agent may be appealed to the Building Department. In fulfilling this role, the City's authorized agent will not discriminate in any way against diversion services or alternatives that are available from other entities besides itself. (c) As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall post a deposit in a form acceptable to the Building Department in the amount of $0.35 per square foot of buildings to be built or demolished. The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official, that no less than the required percentages or proven proportion of those percentages of the tons of C&D Debris generated by the demolition or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent there is a failure to comply with the requirements of this chapter. (Ord. No. 08-09-670, 1-6-2009)
Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
Sec. 6-10.107. Onsite Practices.
Applicants shall ensure, for the life of the Project, that all C&D Debris recovered or disposed are measured, recorded, and documented by weight or volume using the most accurate method of measurement available. To the extent practicable, all C&D Debris shall be weighed using only scales that are compliant with all regulatory requirements for accuracy and maintenance. For C&D Debris for which weighing is not possible due to lack of scales or not practical due to Deconstruction and/or Reuse methods or other considerations, a volumetric measurement may be used, or approximate weights may be applied to detailed inventories. Applicants shall keep all documentation of all Recovery and/or Disposal of all C&D Debris generated by the Project.
The City or its authorized agent will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the C&D Debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.108. Notice of Recycling Contractors.
The Building Department shall maintain a list of contractors which have stated they are available for deconstruction of structures and recovery of salvageable materials. Notice shall be given by the Department to each such contractor through procedures established by the Department of every demolition permit application that is subject to the provisions of this chapter. Every nonexempt demolition project shall be made available by the applicant for proposals and bids for deconstruction and salvage, including allowing inspection of the premises by qualified deconstruction contractors. Consideration of such proposals and bids shall not obligate the permit applicant to accept any proposal or bid. It shall be the responsibility of the owner, the general contractor, and all subcontractors to recover the maximum feasible amount of salvageable, designated recyclable and reusable materials prior to demolition. Recovered and salvaged, designated, recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Title to recyclable materials forwarded to the operator of recycling facilities or of a landfill will transfer to the service provider upon departure of materials from the site. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.109. Reporting.
Within sixty (60) days following the completion of any demolition project or construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the Building Department or the City's authorized agent which proves compliance with the requirements of this chapter. The documentation shall consist of a completed Waste Management Plan showing actual data of tonnage of materials recycled and diverted, supported by receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors or landfill and disposal companies.
A list of prohibited Universal Waste materials shall be included in the construction documents. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. In the alternative, the permittee may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the Building Department or the City's authorized agent. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Building Department or the City's authorized agent before issuance of a building permit for the construction project. Any deposit shall be forfeited if the permittee does not meet the reporting requirements of this section. (Ord. No. 08-09-670, 1-6-2009)
Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
Sec. 6-10.110. Violation of a Public Nuisance.
Each violation of this chapter is a public nuisance and will be subject to abatement as such. The costs of abatement of such nuisance shall be a lien upon the [property in violation.] (Ord. No. 08-09-670, 1-6-2009)
- Code of Ordinances
TITLE 6 - SANITATION AND HEALTH
CHAPTER 10. CONSTRUCTION AND DEMOLITION RECYCLING
California City, California, Code of Ordinances Created: 2022-05-13 14:23:19 [EST] (Supp. No. 10)
Formatted: Font: 9 pt, Font color: Black
CHAPTER 10. CONSTRUCTION AND DEMOLITION RECYCLING
Sec. 6-10.101. General.
This chapter regulates recycling of debris from demolition and construction within the City. This chapter provides for inventory of recyclable materials and accounting for the recycling of such materials. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.102 Definitions.
The following definitions apply for purposes of this chapter:
(a) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the City for the applicable permits to undertake any construction, demolition, or renovation project within the City.
(b) “California Green Building Standards Code” or "CALGreen" means the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, also known as the CALGreen Building Codes.
(a)(c) "Contractor" means any type under the laws of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling or landscaping service relating to buildings or accessory structures in the City. (b)(d) "Construction" means building, landscaping, remodeling, addition, removal or destruction involving the use or disposal of Designated Recyclable and Reusable Materials as defined herein. (a) “Covered Projects” means all construction and demolition projects by non-City applicants and all Citysponsored demolition and renovation projects. Compliance with this chapter shall be included as a condition of approval on any construction or demolition permit issued for a covered project. (c)(e) "Demolition and cConstruction and Demolition Ddebris" or "C&D dDebris" means:
(1) (1) Discarded materials generally considered to be not water soluble and non hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure or landscaping., and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project. (2) (2) Clean cardboard, paper, plastic, wood, and metal scraps from construction or landscape project.
(3) (3) Non-construction and demolition debris wood scraps. (4) (4) Insignificant amounts of other non-hazardous wastes generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.
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(Supp. No. 10)
Formatted: Font: 9 pt, Font color: Black
(5) (5) Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. (f) “Covered Projects” means all construction and demolition projects by non-City applicants and all Citysponsored demolition and renovation projects. Compliance with this chapter shall be included as a condition of approval on any construction or demolition permit issued for a covered project. (g) “Deconstruction” means the process of systematically dismantling a structure, or a portion thereof, to maximize the potential to reclaim reusable C&D Debris and minimize the amount of C&D Debris that is disposed. Deconstruction includes adherence to the City’s health and safety protocols for such activities. (h) “Demolition” means decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior. Demolition refers to SIC Code 1795.
(d)(i) "Designated Recyclablerecyclable and Reusable Materialsreusable materials" means:
(1) (1) Masonry building materials including products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick. (2) (2) Wood materials including any and dimensional lumber, fencing or construction wood that 'is not creosoted, preservative pressure treated, contaminated or painted. (3) (3) Vegetative materials including trees: tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use. (4) (4) Metals including metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
(5) (5) Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material.
(6) (6) Salvageable materials includes all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances. (j) “Disposal” means the final disposition of C&D Debris to a landfill. (k) “Landfill” means a facility for Disposal of non-recoverable waste defined in CCR Title 27. (l) “Permit” means a Deconstruction or Demolition and/or Construction permit issued by the City’s Building Department.
(m) "Project" means a demolition or construction activity for which a city permit is required, and, in the case of associated activities such as a housing development consisting of numerous single-family homes, an apartment complex consisting of several detached buildings, or a commercial development consisting of' several detached building, the "overall project" shall be defined as the entire development for purposes of determining exemption or non-exemption from the waste reduction requirements of this chapter. (n) “Recycling” means the process of collecting, delivering, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning 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.
(e)(o) “Reuse” means further or repeated use of C&D Debris. (p) "Universal Waste" or "U-Waste" means all wastes as defined by Title 22, Subsections 66273.1 through 66273.9 of the California Code of Regulations, including, but are not limited to, batteries, fluorescent light bulbs, mercury switches, and electronic waste.
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(Supp. No. 10)
Formatted: Font: 9 pt, Font color: Black
(q) “Waste Management Plan” means a document that outlines how a project will comply with local, state, and federal regulations for waste diversion.
(Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.103. Diversion Requirements.
Covered Projects shall be required to recycle, salvage for reuse and/or otherwise divert the minimum amount required by the most current California Green Building Standards Code of Regulations, Title 24. from a minimum of 65sixty-five percent (65%) of the nonhazardous construction and demolition wasteC&D Debris in accordance with CALGreen Section 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet the diversion requirements as laid out in this Section, whichever is more stringent. Applicants must comply with CALGreen requirements and any future changes to that Code.
At least the following specified percentages of the waste tonnage of demolition and construction dC&D Debris generated from every demolition, remodeling and construction project shall be diverted from going to landfill by using recycling, reuse, and diversion programs according the following requirements:
(a) (a) Demolition: the current minimum CALGreen percentage of50% of waste tonnage, including concrete and asphalt, and 15% of waste tonnage excluding concrete and asphalt; (b) (b) Reroofing of structures as a separate project: the current minimum CALGreen percentage 50% of wood, slate or stone waste, and 50% of asphalt, and shingles when the Building Department certifies that a reasonable recycling option for this material is available; and (c) (c) Construction and remodeling: the current minimum CALGreen percentage of 6550% of waste tonnage. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction.
The combined weight of new construction disposal that does not exceed two pounds per square foot of building area may be deemed to meet the current minimum CALGreen percentage 65% percent minimum requirement as approved by the enforcing agency. [CalGREEN 5.408.1.3] (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.104. Covered Projects.
The following projects shall comply with requirements for a Waste Management Plan and deposit:
(a) (a) Demolition of buildings five hundred (500) square feet or larger; (a)
(b) (b) New construction projects for buildings larger than five hundred (500) square feet, and smaller buildings which are part of an overall project which totals five hundred (500) square feet or more; (b)
(c) (c) Work requiring more than a permit for plumbing, electrical, or mechanical work; (c)
(d) (d) Installation of pre-fabricated patio enclosures and covers if foundation or other structural building modifications are required:
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(Supp. No. 10)
(1) (1) Installation of pre-fabricated accessories such as signs or antennas where structural building modifications are required.
(2) (2) New roofs with significant removal of existing roofing materials (tear-off). (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.105 Exemption from Diversion Requirement.
(a) (a) Application: If an Applicant believes it is infeasible to comply with the diversion requirements of this chapter due to the circumstances delineated in this Section, the Applicant may apply for an exemption at the time the initial Waste Management Plan is submitted. Exemptions may be granted based on the following considerations:
(1) (1) Lack of storage space onsite;
(2) (2) Contamination by hazardous substances;
(3) (3) Low recyclability of specific materials; and
(4) (4) Seismic tie-down projects.
(a) The Applicant shall indicate on the Waste Management Plan the maximum rate of diversion the applicant believes is feasible for each material and the specific circumstances that the applicant believes make it infeasible to comply with the Diversion Requirement. (b) (b) Determination by Compliance Official: The Building Department or the City's authorized agent shall review the information supplied by the Applicant and may meet with the Applicant to discuss possible ways of meeting the Diversion Requirement. The Building Department shall determine whether the exemption will be granted, and may substitute an alternative lesser diversion requirement upon determination that it may reasonably be achieved by the Applicant using locally available diversion opportunities.
(Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.106. Waste Management Plan.
Every applicant shall submit a Waste Management Plan that:
Identifies the construction and demolition waste materialsC&D Debris to be diverted from disposal by efficient usage, recycling, reuse on the project, or salvage for future use or sale.
Determines if construction and demolition waste materialsC&D Debris will be sorted on-site (sourceseparated) or bulk mixed (single stream).
Identifies diversion facilities where construction and demolition waste materialC&D Debris collected will be taken.
Specifies that the amount of construction and demolition waste materialsC&D Debris diverted shall be calculated by weight or volume, but not by both.
(a) Every applicant Applicant shall submit a properly completed initial Waste Management Plan, on a form as prescribed by the City, to the Building Department as a portion of the building or demolition permit process.
The Plan will show how the applicant will satisfy the diversion requirement of Section 6-10.103 by diverting specific materials from disposal. The applicant will be encouraged to consult with the City's authorized agent Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
in preparation of the Plan. Approval of the Plan as complete and adequate shall be a condition precedent to issuance of any building or demolition permit. The applicant shall submit an amended Waste Management Plan for review and approval prior to any deviation from the procedures set forth in the initial Plan. (b) The City Manager may designate the City's franchised solid waste hauler or another qualified entity as the City's authorized agent to review initial Waste Management Plans of permit applicants; to consult with permit applicants Applicants on waste diversion options; and to review completed Waste Management Plans and accompanying documentation to certify to the Building Department whether the requirements of this chapter have been fulfilled by the applicantApplicant. Any finding of the City's authorized agent may be appealed to the Building Department. In fulfilling this role, the City's authorized agent will not discriminate in any way against diversion services or alternatives that are available from other entities besides itself. (c) As a condition precedent to issuance of any permit for a building or a demolition permit that involves the production of solid waste destined to be delivered to a landfill, the applicant shall post a deposit in a form acceptable to the Building Department in the amount of $0.35 per square foot of buildings to be built or demolished. The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official, that no less than the required percentages or proven proportion of those percentages of the tons of debris C&D Debris generated by the demolition or construction project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely or to the extent there is a failure to comply with the requirements of this chapter. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.107. Onsite Practices.
During the term of the demolition or construction project, the contractor shall recycle or divert the required percentages of materials, and keep records thereof in tonnage or in other measurements approved by the Building Department that can be converted to tonnage. Applicants shall ensure, for the life of the Project, that all C&D Debris recovered or disposed are measured, recorded, and documented by weight or volume using the most accurate method of measurement available. To the extent practicable, all C&D Debris shall be weighed using only scales that are compliant with all regulatory requirements for accuracy and maintenance. For C&D Debris for which weighing is not possible due to lack of scales or not practical due to Deconstruction and/or Reuse methods or other considerations, a volumetric measurement may be used, or approximate weights may be applied to detailed inventories. Applicants shall keep all documentation of all Recovery and/or Disposal of all C&D Debris generated by the Project.
The City or its authorized agent will evaluate and monitor each project to gauge the percentage of materials recycled, salvaged and disposed from the project. The required diversion of a minimum of the required percentages of the demolition and construction debrisC&D Debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved.
(Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.108. Notice of Recycling Contractors.
The Building Department shall maintain a list of contractors which have stated they are available for deconstruction of structures and recovery of salvageable materials. Notice shall be given by the Department to each such contractor through procedures established by the Department of every demolition permit application that is subject to the provisions of this chapter. Every nonexempt demolition project shall be made available by the applicant for proposals and bids for deconstruction and salvage, including allowing inspection of the premises by qualified deconstruction contractors. Consideration of such proposals and bids shall not obligate the permit Created: 2022-05-13 14:23:19 [EST]
(Supp. No. 10)
Formatted: Font: 9 pt, Font color: Black
applicant to accept any proposal or bid. It shall be the responsibility of the owner, the general contractor, and all subcontractors to recover the maximum feasible amount of salvageable, designated recyclable and reusable materials prior to demolition. Recovered and salvaged, designated, recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Title to recyclable materials forwarded to the operator of recycling facilities or of a landfill will transfer to the service provider upon departure of materials from the site. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.109. Reporting.
Within sixty (60) days following the completion of any demolition project or construction project, the contractor shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the Building Department or the City's authorized agent which proves compliance with the requirements of this chapter. The documentation shall consist of a completed Waste Management Plan showing actual data of tonnage of materials recycled and diverted, supported by receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors or landfill and disposal companies.
A list of prohibited Universal Waste materials shall be included in the construction documents. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. In the alternative, the permittee may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the Building Department or the City's authorized agent. If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the Building Department or the City's authorized agent before issuance of a building permit for the construction project. Any deposit shall be forfeited if the permittee does not meet the reporting requirements of this section. (Ord. No. 08-09-670, 1-6-2009)
Sec. 6-10.110. Violation of a Public Nuisance.
Each violation of this chapter is a public nuisance and will be subject to abatement as such. The costs of abatement of such nuisance shall be a lien upon the [property in violation.] (Ord. No. 08-09-670, 1-6-2009)
1 ITEM NO. CC4
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Joe Barragan, Public Works Director
SUBJECT: SB 1383 Recovered Organic Waste Product Procurement for 2024 BACKGROUND/ DISCUSSION:
Senate Bill 1383 (SB 1383), which was signed in 2016, was adopted with changes in 2020, and went into effect on January 1, 2022, requires all jurisdictions in California to purchase specific Recovered Organic Waste Products (ROWP) that are compliant with the legislation, such as compost, mulch, Renewable Natural Gas (RNG), and electricity from approved facilities. The intent is to develop a market for these products and to increase the demand for infrastructure that creates organic waste products. (Radford, Soulard - R3 Memo)
Additionally, SB 1383 requires jurisdictions to meet an annual procurement target, based on population, to purchase these recycled organic materials. The City’s estimated population for 2021, according to the California Department of Finance, was 14,120.
Based on this population, the annual procurement target set by the state for the City is 1,130 tons of recovered organic product. Although a mix of compliant products can be used to meet the annual procurement target, the target remains high and difficult to meet.
Recognizing this difficulty, and due to the lack of organic waste processing infrastructure and market, Assembly Bill 1985 was approved, which creates a two-year phase-in period for jurisdictions to meet their procurement targets: 30% in 2023, 65% in 2024, and 100% in 2025. Based on the phase-in period, the City’s adjusted procurement targets are 339 tons of organic waste (equivalent to mulch tons) for 2023, 735 tons for 2024, and 1,130 tons for 2025 and beyond. However, there is a reduction factor of .58 for procuring compost as the ROWP. This means the City’s annual procurement target for compost would be 426 tons for 2024 and 655 tons for 2025 and every year after. (Radford, Soulard - R3 Memo)
R3, a subcontractor to ReCREATE (the City’s consultant), did extensive research to find solutions for the City to comply with the ROWP part of SB1383. Their recommendation was to use the company Agromin, which is the cheapest of the compost broker options that administer DSP agreements. Agromin currently charges $15/ton for compost broker services and $8/ton for delivery. Delivery costs are only applied if compost is spread at non-ideal times for the farms. The total cost per ton with delivery is $23. Waste Management (WM), our current waste hauler, is also able to procure compost for the City to stratify SB1383 regulations. WM would procure ROWP for the City at a cost of $19 per 2 ton. This price will include delivery and will meet all SB1383 requirements related to ROWP.
FISCAL IMPACT:
FY 2024/25 GL# 10-4155-630, the cost for 2024 would be $8,094.
RECOMMENDATION: Staff recommends that the City Council approve the ROWP expense at $19 per ton with Waste Management for this year (2024).
ATTACHMENTS:
1. WM Proposal
2. R3’s Memo to PW (Radford, Soulard - R3 Memo)
© Waste Management, Inc. (1/11/2024) COMPOST/MULCH PURCHASE ORDER
COMPOST/MULCH PURCHASE ORDER
WM FACILITY SITE ADDRESS
South Valley Compost Facility
24487 Road 140
Tulare, Ca 93274
Contact Phone:
Contact Email:
BUYER BILLING ADDRESS
City of California City
8165 Fernwood Ave
California City, CA 93505
Buyer Phone: (760) 373-7162
Buyer Email: [email protected]
BUYER DELIVERY LOCATION
(If different from Billing Address)
Contact Phone:
Contact Email:
WM Entity (WM): South Valley Compost Term: Procurement Credit Delivery Date: N/A Purchase Order Terms and Conditions
Product (Compost /Mulch): Processing Fee Surcharge (Procurement) Amount Purchased: 426 Tons Price (Valid for 30 Days): $19/ton
Taxes: N/A
Delivery Fee: N/A
Total Due (Net 30 Days): $8,094
Location for Application: N/A
Additional Cost (describe):
General Intended Use: Procurement Credit
Quality: WM warrants that at the time of delivery to BUYER, all Product shall meet the specifications set forth on Exhibit A (“Specifications”). Failure to reject Product upon Delivery shall be deemed acceptance and the Product may not be returned.
WM’s liability for the breach of this warranty shall be a credit to BUYER of any agreed upon price adjustment or the replacement of the Product. Upon acceptance of the Product by BUYER, WM shall have no further liability therefor. OTHER
THAN THE FOREGOING, WM HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT, ITS MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WHICH IS SOLD “AS IS.” WM SHALL NOT BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS OR LOST SALES, OR ANY DUTY TO DEFEND, BY REASON OF ANY DEFECTS IN THE PRODUCT, OR BREACH BY WM OF ITS LIMITED WARRANTY.
Procurement Credit:
COMPANY BUYER
By: By:
Name: Jonathan Caruso Date Name: Joe Barragan Date
Title MRF Manager Title: Public Works Director
© Waste Management, Inc. (1/11/2024) COMPOST/MULCH PURCHASE ORDER EXHIBIT “A”
SPECIFICATIONS:
405 14th Street, Suite 350, Oakland, CA 94612 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com Background
SB 1383 Recovered Organic Waste Product Procurement Requirements Senate Bill 1383 (SB 1383) requires all jurisdictions in California to purchase specific Recovered Organic Waste Products (ROWP) that are compliant with the legislation, such as compost, mulch, Renewable Natural Gas (RNG), and electricity from approved facilities. The intent is to develop a market for these products and to increase the demand for infrastructure which creates the organic waste products.
Additionally, SB 1383 requires jurisdictions to meet an annual procurement target, based on population, to purchase these recycled organic materials. The City of California City’s (City) estimated population for 2021, according to the California Department of Finance, was 14,120. Based on this population, the annual procurement target set by the state for the City is 1,130 tons of recovered organic product.
Although a mix of compliant products can be used to meet the annual procurement target, the target remains high and difficult to meet. Recognizing this difficulty, and due to the lack of organic waste processing infrastructure and market, Assembly Bill 1985 was approved, which creates a two-year phasein period for jurisdictions to meet their procurement targets: 30% in 2023, 65% in 2024, and 100% in 2025. Based on the phase-in period, the City’s adjusted procurement targets are 339 tons of organic waste (equivalent to mulch tons) for 2023, 735 tons for 2024, and 1,130 tons for 2025 and beyond.
Procurement Conversion Factors
The procurement target can be met with procurement of different types of ROWP and each one of those has a different conversion factor based on organic waste inputs. Targets are applied with different tonnage conversion factors depending on the type of ROWP procurement that is being calculated. The conversion factors provided by CalRecycle can be seen in Table 1 below:
Table 1: CalRecycle ROWP Conversion Factors
To: Joe Barragan, Public Works Director
From: Rosemarie Radford, Director
Alex Soulard, Managing Consultant
Date: August 22, 2024
Subject: California City Recovered Organic Waste Product Procurement August 22, 2024
Using the conversion factors provided above, it is important to note that while the procurement target is provided by CalRecycle as one (1) ton of organic waste which is the equivalent of one (1) ton of mulch, the primary ROWP material type in use currently is tons of compost.
Table 2: California City Procurement Target
Target Year % Required Tons of
Compost
Tons of
Mulch
2024 Target 65% 426 735
2025 Target and Beyond 100% 655 1130
Therefore, the City’s total procurement target is the equivalent of 655 tons of compost, adjusted to 426 tons of compost for calendar year 2024 (assuming the City only uses compost to meet its procurement target).
Procurement Options
The City’s ROWP procurement options include:
》 Increase of compost giveaways and compost supplied as part of the City’s current Franchise Agreement with Waste Management
– Waste Management is providing up to 10 tons of compost for giveaways – Additional procurement would still be needed to meet the 100% target. 》 Purchase of SB 1383 compliant compost/mulch
– Application at City-managed locations such as parks and landscaping at City facilities. – Compost hubs at local farms or urban gardens to augment compost giveaway events. – Coupon/voucher subsidy programs for customers to purchase compost/mulch at a lowered price on behalf of the City.
– Potential partnerships with external users of compost/mulch (schools, sheet mulching lawn conversions, etc.).
– Analysis of compost/mulch brokerage programs (availability, locations of compost/mulch applications, process to use, etc.).
– Coordinate with Kern County to procure compost from the County’s facilities (contacts:
Christine Williamson [email protected] and Dave Lee [email protected]). 》 Purchase of SB 1383 compliant renewable natural gas (RNG) or electricity – There are currently extremely limited options for RNG or electricity sources that are compliant with the requirements of SB 1383 procurement and it is not likely to be a viable or costeffective option to explore at this time.
Financial Analysis
Any compost and mulch the City currently purchases and uses for its own landscaping purposes may be SB 1383 compliant or may come from traditional landscaping sources that are not SB 1383 compliant. SB 1383 compliant mulch must also meet contamination standards and be tested to meet the State’s requirements. For this reason, it is important to validate the sources of the compost and mulch to determine if it is applicable to the City’s needs. The City may evaluate its current compost and mulch sources to determine if it might need to adjust the sources of this material to meet the state’s requirements.
The balance of the ROWP target not met through compost giveaways can be most economically met via compost broker services, which facilitate the spreading of compost on agricultural land via agreements with Direct Service Providers (DSP). DSPs are entities that use ROWP materials on behalf of a city or county, such as farms and ranches. Compost brokers handle the administration, contracting, documentation of the DSP agreements, logistics, recordkeeping, and reporting requirements in compliance with SB 1383.
August 22, 2024
The company Agromin, as the cheaper of the compost broker options that administer DSP agreements, is frequently used by other jurisdictions who are interested in the lowest-cost solution. Agromin currently charges $15/ton for compost broker services and $8/ton for delivery (see Table 3). Delivery costs are only applied if compost is spread at non-ideal times for the farms.
The non-profit organization Zero Foodprint, the other compost broker currently operating in the state, has a shared cost model that splits the cost between the jurisdiction, the farmers, and Zero Foodprint’s nonprofit funding sources. Costs for Zero Foodprint’s DSP contracts vary depending on location and other factors but are typically slightly higher than Agromin. The high-end cost includes some additional benefits such as climate benefit reporting, Climate Action Plan integration, City-specific Climate Connector website (with at least 50% high end cost compost), and project photographs. Zero Foodprint also offers a lower cost option that only includes the required State reporting under SB1383, which is very close to Agromin’s quoted rate. Despite the cost variance, some jurisdictions prefer to work with a non-profit organization or prefer the geographical flexibility that Zero Foodprint can provide. Zero Foodprint also provides a free database of facilities in the state that offer SB 1383 qualifying compost1that the City may wish to use for its own purposes.
Table 3: Estimated Costs of Agromin Broker for City of California City Target Year % Required Tons of Compost $15/ ton
(broker only)
$23/ ton
(plus delivery)
2024 Target 65% 426.01 $6,390.15 $9,798.23
2025 Target and
Beyond 100% 655.4 $9,831.00 $15,074.20
Recordkeeping and Reporting Procedures
SB 1383 procurement requirements include keeping records and providing annual reporting to CalRecycle via the Electronic Annual Report (EAR) that’s due annually on August 1. Both brokerage services have a tracking tool available online including the DSP records and the invoices for compost.
Compost giveaway tonnage should be added to any broker applied compost for an annual total for procurement recordkeeping and reporting.
Next Steps
R3 recommends that the City contact both Zero FoodPrint and Agromin to receive quotes to meet the City’s 2024 compost procurement target. Contact information for each organization is listed below:
Agromin Contact: Mike Zwerner Zero FoodPrint Contact: Jami Witek Mike Zwerner
201 Kinetic Drive, Oxnard, CA 93030
805.807-0677
[email protected] | www.agromin.com
1 Zero Foodprint List of SB 1383 Compost Facilities: https://airtable.com/app4VqgrK1yLHwgnP/shryw6SnCQJXP75od/tblFQqonbofbhii2n Jami Witek
Grants Manager
[email protected]
323.677.9564 | She/Her
1 Item No. CC5
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: NOTICE OF COMPLETION - TDA Art 3 Hacienda Blvd Pedestrian Improvements Project- From So. Loop Blvd. to Manzanita Ave Background:
This is a Notice of Completion for the work under contract agreement with Cen-Cal Construction, for the TDA Art 3 Hacienda Blvd Pedestrian Improvements project from So. Loop Blvd. to Manzanita Ave. The work included construction of curb and gutter, sidewalks and ADA curb ramps, installing traffic stripes, and pavement markings.
On May 14, 2024, the City Council awarded the Contract to Cen-Cal Construction in the amount of $204,452.00. The final project construction cost with no quantity adjustments and no change orders is $204,452.00.
The Engineering Department has inspected the work and confirmed to Public Works that the work is in conformance with the plans and specifications as of July 11, 2024.
Recommendation:
Motion to accept the completed work by J.L. Plank, Inc. dba Cen-Cal Construction for the TDA Art 3 Hacienda Blvd Pedestrian Improvements project and authorize the City Clerk to file the Notice of Completion with the Kern County Recorder. Staff further recommends the release of the 5% retention ($10,222.60) to the Contractor after 30 days pending claims or liens filed during this period.
Fiscal impact:
Funding: TDA Art 3- Minute Order #21-05 $ 170,538.00
Local Match: $ 33,914.00
ENVIRONMENTAL IMPACT:
None
2 ATTACHMENTS:
A- Notice of Acceptance
B- Notice of Completion
C- Photos of Before and After
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ___X__
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ______
CITY HALL
21000 Hacienda Blvd.
California City, CA 93505
_______________________________________
760-373-8661
www.californiacity-ca.gov
NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the Public Works Director, City of California City, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.
The information pertinent to this Notice is as follows:
1. Owner: City of California City
2. Contractor: J.L. Plank, Inc. dba Cen-Cal Construction
3. Engineer of Record: Juan M. Pantoja, P.E.
4. Surety of Faithful Performance
and Labor and Material Bond: Developers Surety and Indemnity Company
5. Contract For: Hacienda Blvd. Pedestrian Improvements From: S. Loop Blvd. to Manzanita Ave.
6. Date of Contract: May 14, 2024
7. Date of Completion: July 11, 2024.
I, Joe D. Barragan, hereby declare under penalty of perjury that the foregoing is true, and the provisions of the contract have been met and are accepted on July 11, 2024
Joe D. Barragan, MBA, CBO
Public Works Director
CITY OF CALIFORNIA CITY
Project Name: Hacienda Blvd. Pedestrian Improvements
TDA Article 3 -MO#21-05
Construction of new sidewalk, curb, and gutter, ADA curb ramps, and related pedestrian improvements on Hacienda Blvd. between S. Loop Blvd and Manzanita Ave.
BEFORE looking South AFTER looking North
AFTER looking South AFTER looking North
BEFORE looking North BEFORE looking South
AFTER looking North
Recording Requested By:
FBO
CITY OF CALIFORNIA CITY
When Recorded Mail to:
City of California City
21000 Hacienda Blvd.
California City, CA 93505
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of California City
3. The FULL ADDRESS of the OWNER is 21000 Hacienda Blvd. California City, CA 93505
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED July 11, 2024
8. The work of improvement completed is described as follows: TDA Art 3 Hacienda Blvd Pedestrian Improvements – From S. Loop Blvd to Mazanita Ave
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: J.L. Plank, Inc. dba Cen-Cal Construction
10. The street address of said property is: Hacienda Blvd. – various locations
11. The property on which said work of improvement was completed is in the City of California City, County of Kern, State of California, and is described as follows:
Construction of curb and gutter, sidewalks and ADA curb ramps; installing traffic stripes, pavement markings. (Mayor)
Date Kelly Kulikoff – City Mayor
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct. - City of California City (Mayor)
Date and Place Kelly Kulikoff – City Mayor
SUBSCRIBED AND SWORN TO before me on
Daryl Betancur, City Clerk
City of California City Revised 9/22/2007
COUNCIL AGENDA ITEM
September 24, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: Fund Nation Contract
BACKGROUND/ DISCUSSION
Council requested staff bring a contract back for fund nation to partner with CAP. As you are aware, the CAP program has been instrumental in providing essential support and resources to our community, especially during these challenging times. In line with the city council's vision to enhance the impact of CAP, we are pleased to propose a contract for collaboration between CAP and Fund-Nation.
The proposed contract includes a detailed outline of the scope and objectives of FundNation partnership, along with the roles and responsibilities of each party. We respectfully request the city council to kindly review the proposed contract and provide any feedback or suggestions for modification, if needed.
FISCAL IMPACT
o A one-time, non-refundable sign-on fee of $3,500, payable upon execution of this Agreement and required to be received by the Consultant in order to commence services.
o A success fee of 6% of the total amount of grants secured by the Consultant for California City during the first year of this Agreement. o The success fee shall be calculated based on the gross amount of funds awarded and shall be payable to the Consultant within 15 days of California City's receipt of the award letter or confirmation of a successful grant application.
1 ITEM CB1
1 COUNCIL AGENDA ITEM
September 24, 2024
PREPARED BY: Acting City Manager, Latisha Lamberth
SUBJECT: ARPA Funds Allocation
BACKGROUND/ DISCUSSION
After thorough discussions and brainstorming sessions, our staff has come up with some ideas that we believe will have a positive impact on our community. I am pleased to submit these ideas for your consideration.
In response to the request made by the council to propose ideas for utilizing the American Rescue Plan Act (ARPA) funds. As requested, our staff has come up with some ideas that we believe will effectively utilize these funds for the betterment of our city.
One of the proposals that we would like to bring forth is the utilization of Civic Plus, which would provide an upgrade to our city's website. This upgrade will not only bring modernization to our online platform but also improve the efficiency of our services.
Additionally, it will provide much-needed support for handling Public Records Request, making the process smoother and faster for both the public and our staff.
Moreover, we are requesting funds to replace the needs of our fire department. As you are aware, our fire department is an essential service provider in the city, and we believe that providing them with upgraded equipment and facilities will help them serve the community better. We have provided an itemized list of the needs that require immediate attention, and we hope that the council will consider this request.
Another area that needs attention is the security system at the OVH, Public Works and Parks and Recreation facilities. In light of recent events, we believe that an upgrade to the security system is crucial to ensure the safety of our citizens and staff. We have identified the necessary upgrades and seek approval from the council to allocate funds for this project.
Lastly, we would also like to request funds for upgrades to City Hall. Our municipal building is the heart of our city, and it is imperative that it is well-maintained and ITEM CB2
2 functional. With this in mind, we are requesting funds to address any necessary repairs and upgrades to ensure that it continues to serve as a safe and efficient hub for our city's operations.
We understand that there may be several other proposals for utilizing the ARPA funds, but we firmly believe that these ideas will have a lasting impact on our city and its residents. We hope that the council will carefully consider our proposals and approve them for the betterment of our community.
FISCAL IMPACT
Adoption of the reallocation of the ARPA funds will enable the City to continue to provide reliable, safe, and effective services from the city by replacing equipment and other needs for the city. This will have immediate and future impacts on the general fund, as these capital expenses will no longer need to be funded with local property tax revenue or dedicated special tax revenue. Additionally, the city will be able to reduce its annual budget for much needed equipment and maintenance, positively impacting the general fund in the upcoming fiscal year.
COUNCIL OPTIONS
City Council approve part or all the suggestion
City Council continues discussion on ARPA Funds
City Council takes no further action
RECOMMENDATION
Staff recommends the City Council approves suggestions to reallocate ARPA Funds PW Ideas:
Utilizing ARPA fund:
• $50,000 - Remove the old carpet at City Hall and replace the flooring with vinyl planks.
o This would significantly improve the air quality at City Hall to reduce employees' allergies.
o Also, it would save costs on vacuums and vacuum bags. • $120,000 - Replace the ceiling at City Hall, which is literally falling, with a new suspended T-Bar Ceiling. This would include new LED T-Bar Lights and extending the HVAC registers.
o This would save electrical costs with energy-saving LED Lights o We would have better access to the HVAC Duct Work and cabling.
Items in our budget that can be reallocated to ARPA funds:
• Training/CEUs
• Code Books
ARPA FD Requests
FD ARPA NEEDS
Priority Item Descrip�on Cost
1 Thermal Imaging Camera Replacement $ 10,001.06
2 SCBA Air Fill sta�on $ 58,698.47
3 Replacement Extractor Machine $ 11,537.26
4 Fire Hose Replacement $ 30,000.00
5 (2) Code Enforcement Vehicles $ 90,000.00
6 FD Training tower (open to using some FD reserves to offset costs) $ 480,872.74 7 Air Condi�oning in the Fire Sta�on Apparatus Bay $ 80,000.00 8 Covered Vehicle Parking behind fire sta�on $ 40,000.00 FD ARPA Budget Offset
Priority Item Descrip�on Cost
1 Fire Department turnouts x 8 sets plus PPE (GL-19-4222-451) 50,000.00 (28K) 2 Fire Academy training costs x 3 (GL-19-4222-330) 24,000.00 (new) 3 Medical supplies (GL- 19-4222-480) 35,000.00 (35K)
4 Uniforms (GL-19-4222-140) 24,000.00 (21K)
5 Fire Preven�on Materials (GL-19-4222-351) 2,000.00 (2K) 6 Subscrip�ons/ books/ due (19-4216-210) 100.00 (100.00) 7 Fuel (GL-19-4222-255 40,000.00 (40K)
Budget Offset Savings to GF- $175,100 (offset from planned 24/25 Budget: $126,100) Addi�onal request for the PD
Priority Item Descrip�on Cost
1 3 addi�onal PD vehicles $ 222,000.00
2 PD Housing op�on 1: 4 ADU’s by Boxable $ 550,000.00
3 PD Housing op�on 2: 5 bedroom trailer $ 140,000.00
Estimate
Date
9/13/2024
Estimate #
2453
Name / Address
Borax Bill Park & Station
21000 Hacienda Blvd.
California City CA 93505
Digitech
42263 50th Street West # 422
Quartz Hill, CA 93536
Phone:661-722-3344
License # ACO-7248
Project
Lic# ACO-7248
Total
Description Qty Rate Total
CCTV Estimate (add on)
These tracking PTZ TIOC cameras are top of the line cameras with lights, siren and tracking.
There are less expensive cameras WITHOUT lights, and siren . The price of these cameras are $ 875. each
Cameras: 2- 4 Megapixel TIOC tracking PTZ with gooseneck 2 1,050.00 2,100.00 Cameras: 3- 8 megapixel Turet cameras 3 235.00 705.00
2- 4 channel POES 2 95.00 190.00
1- Trendnet network bridge 1 275.00 275.00
1- Box CAT5E data cable 1 150.00 150.00
Labor
1- Year warranty on parts
30-day warranty on labor
50% deposit upon approval
Balance due at project completion
1 1,000.00 1,000.00
Estimate is valid for 90 days.
Authorizing Signature:______________________________ Date:______________ $4,420.00
COUNCIL AGENDA ITEM Item CB3
September 24, 2024
TO: Mayor and City Council
FROM: Leanndrea Weible, Park Coordinator
SUBJECT: Skate Park Design Concept Provided by American Ramp Company BACKGROUND/ DISCUSSION:
During the July 23, 2024, Regular City Council Meeting, council gave direction to the Acting City Manager to enter a contract with American Ramp Company (ARC) to design and build the future skatepark not to exceed $800,000.00. Additionally, a concept design by ARC was requested for review by council to be presented in the second meeting in September.
On August 8th, ARC hosted an official kickoff meeting with the city to discuss project goals and tasks that were to be completed over the next several months. A second meeting was held on August 12th, 2024, with city staff and the nonprofit organization Skate For Something to discuss design ideas. ARC received feedback from that meeting and on August 14, 2024, the city entered and finalized a contract.
The city was given a design concept on September 16th as agreed in the contract to present to the council for review at the September 24, 2024, meeting. Based on the review and response from Skate For Something and council, ARC will either finalize the design or make revisions accordingly.
Skate For Something would like to see the “sun” feature turned into a desert tortoise and the artificial turf changed to concrete that is painted green to mimic grass. There wasn’t time to provide an updated design with the requested changes before this meeting however, ARC is working on it. If there are no further delays due to design revisions, ARC is on schedule to break ground on the skatepark by December 1, 2024, with a final completion date no later than May 31, 2025.
FISCAL IMPACT:
Not to exceed $800,000.00 from ARPA funds as outlined in the previously executed contract.
RECOMMENDATION:
Staff Recommends that the City Council Approve the Presented Design Concept with the Minor Changes Requested by the Non-Profit Organization Known as “Skate For Something”.
ENVIRONMENTAL IMPACT:
None
ATTACHMENTS:
6-page Concept design as provided by ARC.
AMERICANRAMPCOMPANY.COM
8946 - CA, CALIFORNIA CITY
Phase 2
8946 - CA, CALIFORNIA CITY
AMERICANRAMPCOMPANY.COM
8946 - CA, CALIFORNIA CITY
AMERICANRAMPCOMPANY.COM
8946 - CA, CALIFORNIA CITY
AMERICANRAMPCOMPANY.COM
8946 - CA, CALIFORNIA CITY
AMERICANRAMPCOMPANY.COM
AMERICANRAMPCOMPANY.COM
8946 - CA, CALIFORNIA CITY
Phase 2
1 Item: NB1
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Daryl A. Betancur, City Clerk
SUBJECT: DESIGNATION OF VOTING DELEGATES AND ALTERNATES RECOMMENDATION:
1. Staff recommends that the City Council consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternatives must be designated by the City Council.
DISCUSSION:
Every year, the League of California Cities convenes a member-driven general assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on October 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate an up to two voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected of appointed official. The voting delegate selection names must be submitted through the online submission portal by Wednesday, September 25.
FISCAL IMPACT:
There is no fiscal impact associated with the City Council’s action on this item.
ATTACHMENTS:
Council Action Advisement Letter
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 1 Item No. NB2
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Joe D. Barragan, Public Works Director
SUBJECT: Execution of Program Supplement Agreement No. F025 to Master Agreement No. 09-5399F15 for roadway rehabilitation – California City Blvd.
Shoulder Paving from Baron Blvd. to maverick St. – CML – 5399 (034) of the Federally Funded Congestion Mitigation and Air Quality (CMAQ) project funding.
BACKGROUND/ DISCUSSION:
Through the Kern COG, the City of California City was allocated $2,741,242 in Federal funds, $289,493 for Preliminary Engineering and $2,451,749 for Construction. These funds are being used for the construct of new 8-ft wide paved shoulders on both sides of California City Blvd. from Baron Blvd. to Maverick St., approximately 3.5‐miles each way. See attached site map.
Caltrans is responsible for administering the funds and overseeing project delivery. The City entered into a Master Agreement 09-5399F15 for federally funded local transportation projects with Caltrans effective April 7, 2017. A Program Supplement Agreement has been sent by Caltrans to the City for the preliminary engineering phase of the aforementioned project. City Council authorization is required to authorize the City Manager and/or Public Works Director to sign and execute program supplement agreement No. F025 to Administering Agency-State Agreement for Federal-Aid Project No. 09-5399F15 before the City can be reimbursed for preliminary engineering work. Construction for this project is scheduled for the 2025/2026 federal fiscal year.
The Preliminary Engineering phase will include, but is not limited to, preliminary design and other activities and analyses, such as environmental assessments, topographic survey, geotechnical investigation, hydrologic and hydraulic analyses, utility coordination, general estimates of the types and quantities of materials, and other work needed to establish parameters for the final design.
FISCAL IMPACT:
The estimated cost for Preliminary Engineering is $327,000.00. The Federal match is $289,493.00 and the local match is $37,507.00 for this project. 2 Finance Director to identify local funding source.
RECOMMENDATION:
Staff recommends that the City Council pass a resolution approving Program Supplement Agreement No. F025 for Project No. CML – 5399 (034) and authorize the City Manager and/or Public Works Director to sign and execute the agreement.
ENVIRONMENTAL IMPACT:
It is anticipated that the Project qualifies for a Class 1 CEQA Categorical Exemption (CE) for operation, repair, maintenance, or minor alteration of existing public or private structures, facilities if measures such as Desert Tortoise fencing, and biological monitoring are included in the project to reduce the potential for impacts to less than significant. For NEPA, the project may qualify under the Caltrans Categorical Exclusion Assignment.
The project requires NEPA/CEQA clearance and coordination with Caltrans. Our environmental consultant will complete CEQA Exemption/NEPA Categorical Exclusion (CE/CE) Form, Notice of Exemption, and Categorical Exclusion Checklist, which will be supported by biological and cultural resources surveys and reports. It is anticipated that environmental work efforts will be completed by December 2025.
ATTACHMENTS:
A- Resolution
B- Program Supplement Agreement No. F025
C- Site Map
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___X___
1 RESOLUTION NO. 24-3057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIFORNIA CITY APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO. F025 TO ADMINISTERING AGENCY-STATE
AGREEMENT FOR FEDERAL AID PROJECTS NO. 09-5399F15,
FOR THE CALIFORNIA CITY BLVD. SHOULDER PAVING FROM
BARON BLVD. TO MAVERICK ST. – CML – 5399 (034) PROJECT
AND AUTHORIZING THE CITY MANAGER AND/OR PUBLIC
WORKS DIRECTOR TO SIGN AND EXECUTE THE AGREEMENT
WHEREAS, The City of California City entered into a Master Agreement for Federally Funded Projects with the State effective 04/07/17 under agreement No. 09-5399F15; and WHEREAS, Program Supplement Agreement No. F025 dated 08/30/2024 provides federal funds for the preliminary engineering of the California City Blvd. Shoulder Paving from Baron Blvd. to Maverick St. – CML – 5399 (034) Project; and WHEREAS, the estimated cost for preliminary engineering is $327,000.00 and the federally fund match for this phase per the agreement is $289,493.00 and the local match is $37,507.00; and
WHEREAS, the City Council of the City of California City agrees to the terms and conditions of the proposed supplemental agreement; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA AS FOLLOWS: THAT: the City Council of the City of California City, California does hereby approve Program Supplement Agreement No. F025 for Project No. CML - 5399 (034) and authorizes the City Manager and/or Public Works Director to sign and execute the agreement.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 24th day of September 2024 by the following roll call vote:
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Daryl A. Betancur, MPA, MMC Victor M. Ponto,
City Clerk City Attorney
2 CERTIFICATION
I, Daryl Betancur, City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 24th of September 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 24th day of September 2024.
__________________________
Daryl A. Betancur, MPA, MMC
City Clerk
1 Item No. _NB 3__
COUNCIL AGENDA ITEM
September 23, 2024
TO: Mayor and City Council
FROM: Shannon Hayes, Acting Chief of Police
SUBJECT: Bulletproof Vests through Patrick Leahy Bulletproof Vest Partnership BACKGROUND/ DISCUSSION:
The Bureau of Justice Assistance will reimburse up to $11,700 to purchase Bulletproof vests through the Patrick Leahy Bulletproof Vest Partnership, a grant administered by the Department of Justice. This grant reimburses up to 50 percent of the cost of body armor vests purchased for law enforcement officers. First and foremost, a bulletproof vest offers unparalleled protection against firearm threats, significantly reducing the risk of fatal injuries in the event of an attack.
The average life expectancy of these bulletproof vests is five (5) years, eleven (11) of our officers, including our newest officer, require a new vest.
FISCAL IMPACT: The requested amount of $18,500.60 from GL 18-4212-451, FY 24/25 budget once approved by Council, of this cost, $9,250.30 will be reimbursed by grant.
RECOMMENDATION:
Staff recommends the City Council approve the purchase of bulletproof vests from ProForce.
ENVIRONMENTAL IMPACT:
None
ATTACHMENTS:
A. ProForce LE, quote
B. LC Action Police Supply, quote
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___x___
1 Item: NB4
COUNCIL AGENDA ITEM
September 24, 2024
TO: Mayor and City Council
FROM: Karin A. Schambeck, Deputy City Attorney
SUBJECT: AMEND MUNICIPAL CODE ARTICLE 24.5 – RESIDENTIAL TINY AND
SMALL HOMES OVERLAY ZONE
RECOMMENDATION:
1. Staff recommends that the City Council discuss and consider the potential benefits of amending Article 24.5 – Residential Tiny and Small Homes Overlay Zone and adopt Ordinance No. 24-819 Amending Article 24.5. Specifically, the amendment would increase the garage size limitation to 800 square feet and include O/RA parcels of 10 acres or greater in the R-THO Overlay Zone District. (First Reading and Introduction).
DISCUSSION:
Ordinance No. 20-779, adopted on August 11, 2020, established an overlay zone for tiny and small homes (the “R-THO Overlay Zone District”) within specified tracts in California City. This ordinance is codified as Article 24.5 of the Municipal Code.
However, the restriction of tiny homes to the R-THO Overlay Zone District and the limitation on garage size to 400 square feet have hindered development. To promote new home starts and larger housing projects, it is proposed that the R-THO overlay zone, currently limited to specific tracts identified in the Municipal Code, be expanded to include all parcels of Open Space/Residential Agricultural (“O/RA”) zoned property that are 10 acres or larger. This expansion would encourage infill development and prevent tiny homes from being built adjacent to standard-sized homes, where owners may prefer to avoid higher-density areas. It is also proposed that garage size be increased to a maximum size of 800 square feet in the R-THO Overlay Zone.
It is important that the benefits of tiny and small homes not be limited to tracts currently subject to the R-THO Overlay, especially given the need for more affordable housing in California City and the ample space available to meet these needs.
2 Comparison Chart: Current vs. Proposed Amendments to Article 24.5 Aspect Current Proposed
Garage Size Limitation Maximum 400 square feet Maximum 800 square feet Eligible Parcel Size for RTHO Overlay Zone Specific tracts only Expanded to include parcels ≥ 10 acres in O/RA zones
Potential Impacts
- Limited new home starts
- Restricted larger housing
projects
- Potential exclusion of some
landowners from benefits
- Promotes infill development
- Increases new home starts
- Allows for larger housing
projects
- Broader access to affordable
housing options
This chart provides a clear comparison of the current regulations versus the proposed amendments, highlighting the key changes and their potential impacts.
RECOMMENDATION:
Staff recommends that the City Council discuss and consider the potential benefits of amending Article 24.5 – Residential Tiny and Small Homes Overlay Zone and accordingly adopt Ordinance No. 24-819 Amending Article 24.5 along with attached amendments to Article 24.5 of the Municipal Code. Specifically, the amendment would increase the garage size limitation to 800 square feet and include O/RA parcels of 10 acres or greater in the R-THO Overlay Zone District.
FISCAL IMPACT:
There is no fiscal impact to the General Fund associated with the approval and adoption of this resolution.
ATTACHMENTS:
1. Ordinance No. 24-819
2. Redline Municipal Code Article 24.5 – “Residential Tiny and Small Homes Overlay Zone”
3. Clean Copy Municipal Code Article 24.5 – “Residential Tiny and Small Homes Overlay Zone”
1 ORDINANCE NO. 24-819
AN ORDINANCE OF THE CITY OF CALIFORNIA CITY,
CALIFORNIA AMENDING ARTICLE 24.5 (RESIDENTIAL
TINY AND SMALL HOMES OVERLAY ZONE) OF
CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND
DEVELOPMENT) OF THE CITY OF CALIFORNIA CITY
MUNICIPAL CODE
WHEREAS, Ordinance No. 20-779, adopted on August 11, 2020, established an overlay zone for tiny and small homes (the “R-THO Overlay Zone District”) within specified tracts in California City (“City”) which was codified as Article 24.5 of the California City Municipal Code (“CCMC”); and
WHEREAS, the restriction of tiny homes to the R-THO Overlay Zone District and the limitation on garage size to 400 square feet have hindered development within the City; and WHEREAS, to promote new home starts and larger housing projects, the City desires to amend Article 24.5 to expand the R-THO Overlay Zone to include all parcels of Open Space/Residential Agricultural (“O/RA”) property which are 10 acres or larger and to increase the garage size in the R-THO Overlay Zone to 800 square feet.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIFORNIA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council of the City of California City finds and declares that the Recitals set forth above are true and correct and are incorporated herein by this reference.
SECTION 2. AMENDMENT OF ARTICLE 24.5 (RESIDENTIAL TINY AND SMALL HOMES OVERLAY ZONE) OF CHAPTER 2 (ZONING) OF TITLE 9 (LAND USE AND
DEVELOPMENT) OF THE CALIFORNIA CITY MUNICIPAL CODE
Article 24.5 of the City of California City Municipal Code is hereby amended to read as follows in Exhibit A with deletions marked in strikethrough and additions in underline.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3) as the adoption of the ordinance will have no reasonable possibility that the project will have a significant effect on the environment. No further environmental review is necessary.
2 SECTION 4. SEVERABILITY.
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 6. CITY CLERK ACTION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).
PASSED AND ADOPTED by the City Council of the City of California City on the 24th day of September 2024.
_____________________________
Kelly Kulikoff,
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Victor M. Ponto, Daryl A. Betancur, MPA,MMC
City Attorney City Clerk
3 STATE OF CALIFORNIA)
COUNTY OF KERN )
CITY OF CALIFORNIA CITY)
I, Daryl Betancur, City Clerk of the City of California City, California, do hereby certify that the foregoing Ordinance No. 24-819, was introduced at a regular meeting of the City Council of the City of California City held on the 24th day of September, 2024, and was passed and adopted by the City Council of the City of California at a regular meeting held on the 8th day of October 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Daryl A. Betancur, MPA, MMC
City Clerk
California City, California, Code of Ordinances Created: 2022-05-13 14:23:29 [EST] (Supp. No. 10)