Cathedral City Page 1 of 4 Printed on 1/10/2022
Staff Report
City Council
Item No. 6.C
Meeting Date: January 12, 2022
From: Deanna Pressgrove, Environmental Conservation & Public Works Manager
Title: An Ordinance of the City Council of the City of Cathedral City, California Removing Chapter 6.04 (Refuse Disposal) of the City of Cathedral City Municipal Code and Adding Chapter 6.04 (Solid Waste Collection and Disposal) to the City of Cathedral City Municipal Code and Adding Section 8.57.025 to Chapter
8.57 (Water Efficient Landscape) of the City of Cathedral City Municipal Code.
City Council
RECOMMENDATION:
Introduce and provide first reading of an Ordinance, by title only and waive further reading, removing Chapter 6.04 (Refuse Disposal) of the City of Cathedral City Municipal Code and adding Chapter 6.04 (Solid Waste Collection and Disposal) to the City of Cathedral City Municipal Code and Adding Section 8.57.025 to Chapter 8.57 (Water Efficient Landscape) of the City of Cathedral City Municipal Code.
BACKGROUND:
The Legislature of the Stat e of California, by enactment of the California Integrated Waste Management Act of 1989, (“AB 939” or the “Act”) (codified a s Public Resources Code §§ 4000 et seq.) established a solid waste management process which requires cities and other local jurisdic tions to implement plans for source reduction, reuse and recycling as integrated waste management practices for solid waste attributed to sources within their respective jurisdictions.
The Act provides that aspects of solid waste handling of local concern include, but are not limited to , frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste services. The Act encompasses mandates including Assembly Bill (AB) 341 and AB 1826, as well as the newly adopted Short-Lived Climate Pollutants mandate, Senate Bill (SB) 1383.
DISCUSSION:
Cathedral City Page 2 of 4 Printed on 1/10/2022
Senate Bill 1383 builds on the existing legislation of AB 341 and AB 1826. The stated purpose of SB 1383 is to reduce organic waste disposal, recover edible food waste from the waste stream and reduce methane emissions. The goal of SB 1383 is to reduce greenhouse gas emissions to 40% below 1990 levels by the year 2030.
To achieve this, the target is to reduce organic waste that ends up in the landfill by 50% by the year 2020 (statistics of having achieved this goal are not available yet) and 75% by the year 2025. In addition to reducing landfilled organics by 75%, the State will also be required to recover edible food that is cu rrently placed in the waste stream by 20% by establishing edible food recovery programs.
To achieve the reduction of landfilled waste and to increase recovery, the State has mandated the following:
1. Provide organics collection services to all residents, multi-family complexes and businesses.
2. Establish edible food recovery programs.
3. Conduct education and outreach to the Community.
4. Procure recyclable and recovered organics products.
5. Monitor compliance and conduct enforcement.
In addition to addres sing landfilled waste, SB 1383 also requires jurisdictions to adopt an ordinance that requires compliance with Sections 492.6(a),(3),(B),(C),(D) and (G) of the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California C ode of Regulations. To accomplish this, Cathedral City will add Section
8.57.025 to Chapter 8.57 (Water Efficient Landscape) to the Cathedral City Municipal Code.
JURISDICTION RESPONSIBILITY
While the franchise hauler will undertake much of the wo rk to assist the City with SB 1383 compliance, the State has placed ultimate responsibility for compliance on local governments. Cathedral City will need to retain control of the organics waste stream data to verify that the City is successfully fulfilli ng its obligations. Ultimately, each jurisdiction is accountable for compliance and CalRecycle, the State Agency responsible for SB 1383 compliance, may fine or penalize the jurisdiction for non - compliant programs beginning in 2022.
MODEL ORDINANCE
CalRecycle created a Model Mandatory Organic Waste Disposal Reduction Ordinance , which Staff used as a guideline to update Cathedral City Ordinance 6.04. The neighboring Coachella Valley jurisdictions are currently using the CalRecycle Model Ordinance to update their municipal codes.
Cathedral City Page 3 of 4 Printed on 1/10/2022
The proposed ordinance 6.04 (Solid Waste Collections and Disposal) maintains the same structure as the existing Code, but adds and addresses the required elements of SB 1383, including:
Collection Services: Trash, recyclable and organic collection services for all commercial, multi-family and residential accounts are required unless a commercial waiver is granted.
Commercial Edible Food Generator : These edible food generators are required to recover the maximum amount of edible food that would otherwise be disposed in the waste stream and implement related programs. These edible food generators shall maintain and provide record access to City staff.
Food Recovery Organizations : The food recovery organizations s hall main tain and provide record access to City Staff.
Inspections and Investigations : City representative s are authorized to conduct inspections and investigations to confirm compliance. Regulated entities shall provide access and cooperate with City Staff during the process.
Enforcement: Violation of any provision(s) of the ordinance shall be a misdemeanor that may be enforced by the City in any manner authorized by law, including but not limited to, an administrative citation, criminal citation, nuisance abatement action, or civil action.
If the Ordinance Amendment is approved by the City Council at this meeting, the second reading of Ordinance 6.04 will be at presented for City Council approval at the January 26, 2022, City Council meeting.
NEXT STEPS
Updating the existing 6.04 Ordinance is an important first step in the City’s SB 1383 compliance. Staff will continue working with the SB 1383 Subcommittee, City Attorney and Burrtec (City’s franchise waste hauler), on the implementation of additional policie s and programs required by SB 1383. Below is a summary:
January 12, 2022, City Council Meeting:
• First reading of 6.04 Ordinance.
• Request approval of the proposed Commercial Organics Recycling Campaign.
January 26, 2022, City Council Meeting:
• Second Reading of 6.04 Ordinance.
• Present Procurement Policy for consideration and adoption as required by CalRecycle.
February 9, 2022, City Council Meeting:
Cathedral City Page 4 of 4 Printed on 1/10/2022
• Present proposed amendment to the Franchise Agreement between the City and Burrtec Waste & Re cycling Services for Council consideration that reflects the proposed Ordinance changes. The Franchise Agreement will address Burrtec’ s responsibilities regarding SB 1383 education and outreach to the community.
Spring 2022 City Council Meeting:
• Staff will present to Council the changes that will need to be implemented to the Residential Curbside Collection Program as required by SB 1383.
CEQA
Staff determined that proposed ordinance is exempt from California Environmental Quality Act (Cal. P ub. Resources Code, § 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs., § 15000 et seq., the “CEQA Guidelines”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certa inty that the enhanced solid waste regulations, as provided for in the proposed ordinance will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.
FISCAL IMPACT:
The costs of the solid waste program are recovered through fees paid by residential and commercial customers. Full implementation of programs mandated by SB1383 may result in rate increases in future years.
The funding for the Commercial and Residential Organics Recycling Campaigns that are mandated as a result of SB 1383, and supported by the City’s FY 2021-22 budget, will be reviewed for City Council consideration separately.
ATTACHMENTS:
Organic Waste Ordinance Cathedral City v.3