REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, February
9, 2022
Regular Council Meeting:
6:30 PM
City Councilmembers
Clint Lorimore, Mayor
Todd Rigby, Mayor Pro Tem
Christian Dinco, Councilmember
Brandon Plott, Councilmember
Jocelyn Yow, Councilmember
Bryan Jones, City Manager
Erica Vega, City Attorney (Contract Legal Services)
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip*on of each item to be considered. Except as otherwise provided by law, no ac*on or direc*on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor*ng documents, including staff reports, and any wri*ngs or documents provided to a majority of the City Council a0er the pos*ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
In accordance with AB 361 (Government Code sec*on 54953(e)), members of the City Council, the public, and others may aBend and par*cipate in this mee*ng remotely via GoToWebinar. If you wish to view the mee*ng and/or make public comment through GoToWebinar you may do so by logging on to GoToWebinar at the above stated date and *me via the following link:
https://bit.ly/3IjMS2l
. Members of the public may provide public comment by sending comments to the City Clerk’s Office by email at
[email protected]
or u*lize the “raise your hand” func*on in GoToWebinar to provide oral public comment during the designated public comment periods. Staff will monitor emails to the extent possible during the mee*ng. Email comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Council’s discre*on to reduce the amount of *me for public comments. Email comments received a0er the agenda item is heard will not be read into the record.
In the event of a disrup*on to the GoToWebinar broadcast of the mee*ng, or the ability to receive public comment through GoToWebinar, the meeting will be recessed until remote public access is restored.
In compliance with the Americans with Disabili*es Act, if you need special assistance to par*cipate in this mee*ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee*ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee*ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. CLOSED SESSION PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Council Members, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
4. CLOSED SESSION ITEM(S)
5. INVOCATION
6. PLEDGE OF ALLEGIANCE
7. ADDITIONS/REVISIONS
The City Council may only add an item to the Agenda a2er making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Council. If there is less than 2/3 of the Council members present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted.
8. PRESENTATIONS/ANNOUNCEMENTS
8.1. Recognition of Jacob Kern
8.2. Black History Month Proclamation
9. AGENCY PARTNER UPDATES
10. PUBLIC COMMENT
Any member of the public may address the Council on items within the Council’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Council and do not engaged in dialogue with individual Councilmembers, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers.
11. CONSENT CALENDAR
2 Consent Calendar items are normally enacted in one moon. The Mayor or City Council may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item.
11.1. City Council Meeting Minutes
Submitted by: Marc A. Donohue, City Clerk/Communications Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the City Council meeting minutes from the special and regular meeting on January 26, 2022.
11.2. Purchase of Police Motorcycle
Submitted by: Amanda Wells, Finance Director/City Treasurer
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Approve a purchase order for BMW Motorcycle of Riverside in the amount of $32,500
for one
2022 BMW R 1250
RT-P motorcycle for the Police Department;
and
2 .
Approve and Adopt Resolution 22-XX Amending the 2021-22 Fiscal Year Budget for the Purchase of One Police Motorcycle; and
3 .
Authorize the Acting City Manager to execute any agreements and purchase orders;
11.3. Second Reading of an Ordinance for Specific Regulations for Organics Waste Disposal Reduction, Recycling, and Solid Waste Collection
Submitted by: Stephanie Vasquez, Management Analyst
RECOMMENDED ACTION(S):
Staff recommends that the City Council adopt Ordinance 2022-XX, relating to solid waste handling, organics recycling, and edible food recovery.
11.4. Release and Settlement Agreements for CalPERS Arrears Contributions
Submitted by: Erica Vega, City Attorney
RECOMMENDED ACTION(S):
Staff recommends that the City Council approve the Release and Settlement Agreements with SAFEbuilt, LLC (d/b/a Interwest Consulting Group) and Michael Baker International, Inc. and authorize the Acting City Manager to execute the agreements.
12. PUBLIC HEARINGS
The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium
3 at the appropriate me, give your name and address and make your statement. A2er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Mayor or a Councilmember. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.)
12.1. Redrawing of Councilmember District Boundaries
Submitted by: Marc A. Donohue, City Clerk/Communications Director
RECOMMENDED ACTION(S):
Staff recommends that the City Council:
1 .
Conduct the continued public hearing to receive input from the community regarding proposed maps for the redrawing of election district boundaries; 2 .
Selected a proposed map for adoption; and
3 .
Direct staff to bring back an ordinance adopting new Council district boundaries.
13. CITY COUNCIL BUSINESS
14. CITY MANAGER/CITY STAFF REPORT
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
16. ADJOURNMENT
The next regular mee*ng of the Eastvale City Council is scheduled for Wednesday, February 23, 2022, at 6:30 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752.
We
champion
experiences that
engage, excite,
and
elevate
our comm
UNITY
!
With our…
Kindness – selfless concern for all
Grit – passion and resilience in everything we do
Solutions-Driven – courageous, creative, and collaborative results Marc A. Donohue, MMC
City Clerk
AFFIDAVIT OF POSTING
I hereby cer*fy under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following loca*ons: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (
www.eastvaleca.gov
,) not less than 72 hours prior to the meeting.
4 AGENDA STAFF REPORT
City Council Meeting
PRESENTATIONS/ANNOUNCEMENTS
Agenda Item No. 8.1
February
9, 2022
Recognition of Jacob Kern
Prepared By:
Recommended Action(s)
Not Applicable.
Summary
Not Applicable.
Background
Not Applicable.
Environmental
Not Applicable.
Strategic Plan Action - Priority Level:
N/A
| Target #:
N/A
| Goal #:
N/A
Not Applicable.
Fiscal Impact
Not Applicable.
Prior City Council/Commission Action
Not Applicable.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
5 AGENDA STAFF REPORT
City Council Meeting
PRESENTATIONS/ANNOUNCEMENTS
Agenda Item No. 8.2
February
9, 2022
Black History Month Proclamation
Prepared By:
Recommended Action(s)
Not Applicable.
Summary
Not Applicable.
Background
Not Applicable.
Environmental
Not Applicable.
Strategic Plan Action - Priority Level:
N/A
| Target #:
N/A
| Goal #:
N/A
Not Applicable.
Fiscal Impact
Not Applicable.
Prior City Council/Commission Action
Not Applicable.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
6 MINUTES
CITY OF EASTVALE
City Council Regular Meeting
Wednesday, January 26, 2022
Regular Meeting: 6:30 P.M.
Eastvale City Council Chambers
12363 Limonite Avenue, Suite 900
Eastvale, CA 91752
1. CALL TO ORDER
The regular meeting of the Eastvale City Council was called to order at 6:30 p.m. by Mayor Lorimore.
2. ROLL CALL
Present: Councilmembers Dinco, Plott, Yow, Mayor Pro Tem Rigby, and Mayor Lorimore
Absent:
City Staff
Present: Acting City Manager Garcia, City Attorney Vega, and City Clerk/Communications Director Donohue were present at Roll Call. Other staff members were present.
3. CLOSED SESSION PUBLIC COMMENT – None
4. CLOSED SESSION ITEM(S) – None
5. INVOCATION
Pastor Mark Lee from Vantage Point Church offered the invocation.
6. PLEDGE OF ALLEGIANCE
Councilmember Yow led the Pledge of Allegiance.
7. ADDITIONS/REVISIONS
City staff requested to pull Item 11.9 from the Consent Calendar for a staff presentation.
There was a consensus to pull Item 11.9 from the Consent Calendar for a staff presentation. 7 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 2
8. PRESENTATIONS/ANNOUNCEMENTS
8.1 Proclamation for Health for Humanity Yogathon 2022
Mayor Lorimore read a summary of the Proclamation.
9. AGENCY PARTNER UPDATES
9.1 Eastvale Library Update
Felicia Chien, Branch Manager at Eastvale Public Library, provided an update.
10. PUBLIC COMMENT
The following individual(s) provided public comment:
Herb Cirilo, Eastvale Resident
Daphne Zhang, Eastvale Resident
11. CONSENT CALENDAR
On motion of Councilmember Plott and second by Councilmember Dinco, the City Council voted unanimously to approve Consent Calendar Items 11.1 – 11.8 and 11.10 – 11.16.
11.1 City Council Meeting Minutes
The City Council approved the City Council meeting minutes from the regular meeting on January 12, 2022.
11.2 Warrant Register: December 2021
The City Council approved the payment of warrants as submitted by the Finance Department.
11.3 Treasurer’s Report: December 2021
The City Council received and filed the City Treasurer’s Report.
11.4 Planning Department Update
The City Council received and filed the Planning Department Update.
11.5 Public Works Department Update
The City Council received and filed the Public Works Department Update. 8 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 3
11.6 City of Eastvale Crime Statistics – October & November 2021 The City Council received and filed the Eastvale Crime Statistics for October & November 2021.
11.7 Operating and Capital Improvement Budgeting Software Professional Services Agreement
The City Council approved a Five-Year Software Services Agreement with OpenGov, Inc. for budgeting software and related professional services in an amount not-to-exceed $210,775, and authorize the City Manager to execute the agreement.
11.8 Approve the Acknowledgment and Disclaimer of Interests between the City, Banc of America Leasing & Capital, LLC, and Southern California Gas Company for Installation of Data Collection Units (DCU’s) on City Streetlight Poles The City Council:
1. Approved the Acknowledgment and Disclaimer of Interests between the City, Banc of America Leasing & Capital, LLC, and Southern California Gas Company for Installation of Data Collection Units (DCU’s) on City Streetlight Poles; and
2. Authorized the City Manager or his designee to execute all necessary documents including the Agreement and take any actions necessary to implement the Agreement.
11.9 Approve Task Order A-5 in the Amount of $114,000.00 with Conceptual Design & Planning Company for Schleisman Road Multi-use Trail Landscape Conceptual Plan Services
City Engineer Chung presented a PowerPoint presentation and answered related questions.
The City Council discussed the item and there was a consensus to continue the item to a later date.
11.10 First Amendment for Professional Services Agreement with Infinity Technologies for Information Technology Services
The City Council:
1. Approved the first amendment to the professional services agreement with Infinity Technologies; and
2. Authorized the City Manager to execute all necessary documents. 9 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 4
11.11 Approve Task Order A6, A7, and A8 in the Amount of $59,000 with JPW Communications for Safety and Connectivity Project Public Outreach and Economic Development Support
The City Council:
1. Approved Task Order A6 in the amount of $30,200 for Safety and Connectivity Project Public Outreach; and
2. Approved Task Order A7 in the amount of $9,800 with JPW Communications for Safety and Connectivity Project Videography; and
3. Approved Task Order A8 in the amount of $19,000 for Economic Development Communications Support.
11.12 Second Reading of an Ordinance Amend Chapter 10.02 of Title 10 to the Eastvale Municipal Code Establishing the Speed Limits on Certain Streets The City Council approved the second reading and adopted an Ordinance amending Chapter 10.02 of Title 10 to the Eastvale Municipal Code Establishing the Speed Limits on Certain Streets.
11.13 Installation and Purchase of Surveillance Systems at City Hall Facilities The City Council:
1. Approved the purchase of surveillance systems at City Facilities with Infinity Technologies for a not to exceed cost of $100,000; and
2. Waived formal bidding procedures set forth in Municipal Code Section
4.06.070.
11.14 Purchase of Police Motorcycles
The City Council approved a purchase order for BMW Motorcycle of Riverside in the amount of $60,830.24 for two 2022 BMW R 1250 RT-P motorcycles for the Police Department and authorize the Acting City Manager to execute any agreements and purchase orders.
11.15 Conducting Council and Commission Meeting Utilizing Teleconferencing The City Council adopted Resolution 22-08 authorizing City Council and Commission meetings to be conducted utilizing teleconferencing, while also allowing in person attendance, under AB 361.
11.16 Communications Monthly Summary
The City Council received and filed the Communications Monthly Summary. 10 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 5
12. PUBLIC HEARINGS
12.1 Redrawing of City Councilmember District Boundaries Mal Richardson, Best Best & Krieger LLP, presented a PowerPoint presentation and answered related questions.
The following individual(s) provided public comment:
Raul Gutierrez, Eastvale Resident
Michael O’Connor, Eastvale Resident
Jacque Corrigan, Eastvale Resident
Gail Paulsen, Eastvale Resident
Sally Cano, Eastvale Resident
Turhan Hunt, Eastvale Resident
Tami Trakh, Eastvale Resident
Jessica Cino, Eastvale Resident
Ninoska Ramirez, Eastvale Resident
Mindy Hyman-Mansaray, Eastvale Resident
Joseph Mansaray, Eastvale Resident
The City Council continued the public hearing, received public input on district boundaries, and provided feedback regarding the proposed map options.
On motion of Councilmember Dinco and seconded by Councilmember Plott, the City Council voted unanimously to continue the public hearing to the City Council meeting on February 9, 2022.
13. CITY COUNCIL BUSINESS
13.1 Annual Comprehensive Financial Report (ACFR) and Related Letters and Reports for the Fiscal Year Ended June 30, 2021
Finance Manager Hernandez provided a PowerPoint presentation and answered related questions.
Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.
There was a consensus to accept the Annual Comprehensive Financial Report and accompanying letters and reports for fiscal year ended June 30, 2021.
13.2 Introduction of an Ordinance for Specific Regulations for Organics Waste Disposal Reduction, Recycling, and Solid Waste Collection
Management Analyst Vasquez a PowerPoint presentation and answered related questions.
11 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 6
Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.
The City Council discussed the item and provided feedback.
On motion of Councilmember Yow and second by Mayor Lorimore, the City Council voted unanimously to introduce, read by title and waive further reading of Ordinance 22-02, relating to solid waste handling, organics recycling, and edible food recovery, and adopt a Resolution setting a self-haul permit fee.
13.3 Strategic Plan Update
Management Analyst Vasquez a PowerPoint presentation and answered related questions.
Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.
The City Council discussed the item and provided feedback.
There was a consensus to receive and file the Strategic Plan Update.
13.4 Approval of Professional Services Agreement with Contech Engineered Solutions, LLC for the Limonite Gap Closure Pedestrian Bridge Design City Engineer Chung provided a verbal presentation and answered related questions.
Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.
The City Council discussed the item and provided feedback.
On motion of Councilmember Plott and second by Mayor Pro Tem Rigby, the City Council voted unanimously to approve the Professional Services Agreement with Contech Engineering Services, LLC for the Limonite Gap Closure Pedestrian Bridge Design in amount of $46,000 and authorize the City Manager to execute the agreement.
13.5 Resolution to Transfer Jurupa Community Services District Lighting Maintenance District Zones Located in the City of Eastvale
Finance Director/City Treasurer Wells provided a verbal presentation and answered related questions.
12 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 7
Mayor Lorimore opened the public comment period. With no one desiring to speak on this item, Mayor Lorimore closed the public comment period.
On motion of Councilmember Yow and second by Councilmember Dinco, the City Council voted unanimously to approve and adopt a Joint Resolution of the Board of Directors of Jurupa Community Services District and the City Council of the City of Eastvale to Transfer Lighting Maintenance Districts Situated within the Territorial Boundaries of the City Eastvale from Jurupa Community Services District to the City of Eastvale.
14. CITY MANAGER REPORT/CITY STAFF REPORT
Acting City Manager Garcia provided an update on upcoming City events.
There was discussion regarding possible meeting dates for a joint meeting with JCSD, including March 21, March 24, and March 25, 2022.
15. CITY COUNCIL COMMUNICATIONS/COMMITTEE REPORTS
15.1 League of California Cities
No report was provided.
15.2 Southern California Association of Governments
Mayor Lorimore provided a report.
15.3 Western Riverside Council of Governments
No report was provided.
15.4 Riverside Transit Agency
Councilmember Yow provided a report.
15.5 Northwest Mosquito and Vector Control District
Mayor Lorimore provided a report.
15.6 Riverside County Transportation Commission
No report was provided.
15.7 Western Riverside County Regional Conservation Authority No report was provided.
15.8 JCSD Parks Commission
No report was provided.
13 Eastvale City Council Meeting Minutes
January 26, 2022 Page - 8
15.9 Western Community Energy
Mayor Pro Tem Rigby provided a report.
15.10 Finance Committee
No report was provided.
15.11 California Contract Cities Association
No report was provided.
15.12 Eastvale Schools Committee
No report was provided.
15.13 City Council Communications
The City Council provided comments.
ADJOURNMENT – Mayor Lorimore adjourned the regular meeting at 9:08 p.m. The next regular meeting of the Eastvale City Council is scheduled for Wednesday, February 9, 2022, at 6:30 p.m. _____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
14 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.2
February
9, 2022
Purchase of Police Motorcycle
Prepared By:
Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve a purchase order for BMW Motorcycle of Riverside in the amount of $32,500
for one
2022 BMW R 1250
RT-P motorcycle for the Police Department; and
2 .
Approve and Adopt Resolu+on 22-XX Amending the 2021-22 Fiscal Year Budget for the Purchase of One Police Motorcycle; and
3 .
Authorize the Acting City Manager to execute any agreements and purchase orders; Summary
The purchase of one new 2022 BMW R1250 RT-P police motorcycle will provide a replacement motorcycle for a unit that was recently totaled in a traffic collision. Per sec+on 4.06.080(d) of the City's Municipal Code, the City may u+lize exis+ng agreements with any federal, state, county or other public agency. Riverside County Sheriff has an agreement with BMW Riverside for the purchase, installa+on of equipment, and maintenance for police motorcycles and as a result the purchase of this motorcycle is exempt from the City's bidding requirement. The purchase of this motorcycles will bring the city's total motorcycle unit count to six, four units in ac+ve use by the city's four motor deputies and two older units used as backup and training purposes.
Background
On January 12, 2022 the City Council approved the addi+on of two new Motor Depu+es, bringing the city's total Motor Deputy staff to four. Council approved the purchase of two addi+onal 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
15 motorcycles on January 12, 2022. Prior to the addi+on of the new motor depu+es and motorcycles, the city operated two motorcycles and one backup. In December one of the two exis+ng motorcycles was totaled in a traffic accident and the backup motorcycle was placed into service.
The city needs to replace the totaled motorcycle. Subsequent to being placed into service, the backup motorcycle failed. An addi+onal backup motorcycle was purchased from Lake Elsinore in late January 2022. The city will now operate a total of six motorcycles; four main units and two older units are in service as backups.
Motorcycle Type
Status
Council Action
Existing: Main
In Service
None
Existing: Main
Totaled, needs
replacement
Purchase
Approval
Existing: Backup
Out of service, waiting
on parts
None
New: Main
In process of acquiring
None
New: Main
In process of acquiring
None
New: Backup
In Service
None
The motorcycle is a 2022 BMW R1250 RT-P models. The motorcycles will be ouFiGed with required equipment including, but not limited to, lidar, lights, radios, and shotgun racks. Approval of this item authorizes the City Manager to purchase the motorcycles from BMW of Riverside.
In total, the
equipment costs for the motorcycles will total $4,700. A Budget Appropria+on resolu+on accompanies this report.
Category
Amount
Motorcycles
32,500
Equipment
4,700
Total
37,200
Environmental
Not applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
In total, the new purchase will require $37,200 in budget appropria+ons. The Capital Project Fund is funded through transfers from the General Fund. Budget appropria+ons are listed below. Ongoing vehicle maintenance costs are currently budgeted in the General Fund and appropriate budget is available; this was addressed at the Mid-Year Budget. Annual maintenance costs are approximately $5,000 per motorcycle. Addi+onally, the city should receive an es+mated $10,000 from the city's insurance carrier for the totaled unit.
Account
Fund
Account Name
Amount
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
16 100-290-
6960
General Fund
Expenditure:
Transfer Out
32,500
600-000-
4910
Capital Project
Fund
Revenue: Transfer In
32,500
600-400-
6610
Capital Project
Fund
Expenditure:
Vehicles
32,500
100-400-
6590
General Fund
Expenditure:
Miscellaneous
Equipment
4,700
Prior City Council/Commission Action
City Council unanimously approved the purchase of two new BMW motorcycles on January 12, 2022. The two motorcycles will be used by the city's two new motor deputies.
Attachment(s)
Attachment 1 - BMW of Riverside Quote
Attachment 2 - Resolution
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
17 18
19 20
21 RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2021-22 FISCAL BUDGET FOR THE PURCHASE OF ONE POLICE MOTORCYLE.
WHEREAS the budget for fiscal year 2021-22 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations, between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, TRANSFER OUT EXPENDITURE ACCOUNT NO. 100-290-6960 IN THE AMOUNT OF $32,500 AND AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, TRANSFER IN REVENUE ACCOUNT NO. 600- 000-4910 IN THE AMOUNT OF $32,500 TO PROVIDE ADEQUATE FUND BALANCE IN THE CAPITAL PROJECTS FUND FOR THE PURCHASE OF ONE BMW POLICE MOTORCYCLE.
SECTION 2. AUTHORIZE AN APPROPRIATION IN THE CAPITAL PROJECTS FUND, VEHICLES EXPENDITURE ACCOUNT NO. 600-400-6610 IN THE AMOUNT OF $32,500 FOR THE PURCHASE OF ONE BMW POLICE MOTORCYCLE.
SECTION 3. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, MISCELLANEOUS EQUIPMENT EXPENDITURE ACCOUNT NO. 100-400-6590 IN THE AMOUNT OF $4,700 FOR EQUIPMENT RELATED TO THE PURCHASE OF ONE BMW POLICE MOTORCYCLE.
PASSED, APPROVED AND ADOPTED this 9th day of February 2022. __________________________________________
Clint Lorimore
Mayor
22 APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
23 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 9th day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
24 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.3
February
9, 2022
Second Reading of an Ordinance for Specific Regula*ons for Organics Waste Disposal Reduc*on, Recycling, and Solid Waste Collection
Prepared By:
Stephanie Vasquez, Management Analyst
Recommended Action(s)
Staff recommends that the City Council adopt Ordinance 2022-XX, rela!ng to solid waste handling, organics recycling, and edible food recovery.
Summary
The California Integrated Waste Management Act of 1989 (the “Act”) established a solid waste management process that requires ci!es and other local jurisdic!ons to adopt and implement plans to divert the amount of solid waste generated by maximizing reuse and recycling. Over the past decade, the California Legislature has amended and added provisions to the Act to reinforce the ambi!ous statewide diversion goals. For example, Assembly Bill No. 341 (“AB 341”) amended the Act to, among other things, require commercial waste generators to arrange for recycling services.
Assembly Bill No. 1826 (“AB 1826”) amended the Act to include provisions regarding organic waste recycling for commercial waste generators. Senate Bill No. 1383 (“SB 1383”) builds upon AB 1826 and expands mandatory organic waste recycling requirements to all governmental, commercial, and residen!al en!!es to support achievement of the statewide organic waste disposal reduc!on by diverting 75 percent, from 2014 levels, of organic waste from landfills by 2025.
The ordinance provides waste and recycling requirements for all residents, commercial businesses and establishes administra!ve and enforcement policies for the City’s franchise waste hauler and for City staff to manage the program. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
25 The City's exis!ng solid waste regula!ons were comprehensively reviewed as a part of this effort and the proposed ordinance includes changes to the regula!ons to improve clarity and consistency, to maximize the defensibility of waste rates against a Proposi!on 218 challenge, and to incorporate changes required to make the City's ordinance consistent with the new Franchise Agreement with Waste Management that goes into effect on July 1, 2022.
Background
The ordinance addresses SB 1383 requirements, which went into effect on January 1, 2022, and creates an enforceable mechanism for collection and recycling of organic waste and food recovery:
Residen!al and Commercial waste generators must subscribe to mandatory organic waste recycling collec!on services and source separate their organic waste in the appropriate container provided by the waste hauler.
Allow for commercial waste generators to receive a waiver from organic recycling requirements when evidence of the amount of organic waste generated is below a minimum threshold or there is a lack of physical adequate space for the collec!on containers is provided.
Standardiza!on of container colors across the state (to be fully implemented by January 1, 2036), and require a jurisdic!on to place a label on each new container or lid provided to generators consistent with the container collec!on requirement. Edible food recovery provisions for Tier I and Tier II commercial edible food generators which requires these generators to arrange to recover the maximum amount of edible food that would otherwise be disposed and to contract with a food recovery organiza!on for food recovery services and keep records of their donated food.
Tier I generators include:
Supermarket
Grocery store with a total facility size equal to or greater than 10,000 square feet Food service provider
Food distributor
Wholesale food vendor
Tier II generators include:
Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet
Hotel with an on-site food facility and 200 or more rooms Health facility with an on-site food facility and 100 or more beds Large venue
Large event
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
A school, college, university, or other educa!onal facility with an on-site food facility
Establishing the requirements for the City to procure recycled organic waste products such as compost, mulch, renewable natural gas, electricity and recycled content paper and paper products.
Under Sec!on 166.05.310-Self-Haul Permit, prior to issuing a self-haul permit, among other things, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
26 city staff will need to review an applica!on and suppor!ng documents, conduct an inspec!on of the vehicle the applicant is proposing to use to haul the waste, confirm ownership of vehicle, verify that the applicant has a valid drivers’ license, inspect the applicant’s proof of insurance, and monitor the applicant’s compliance throughout the year. Staff es!mates that the issuance and administra!on a self-haul permit will require approximately 4.5 hours of staff time per permit, per year.
The administra!on and compliance du!es will fall to the Environmental Compliance Analyst. The fully burdened salary rate of the Environmental Compliance Analyst is over $66 per hour. Given the es!mated 4.5 hours of staff !me, per permit per year, staff is recommending that the self-haul permit fee be set at $265.00.
Environmental
This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regula!ons, Title 14, Chapter 3, Sec!on 15308, which exempts "ac!ons by regulatory agencies for protec!on of the environment." This Ordinance is consistent with the goals of California State Assembly Bills 939, 341, and 1826, and Senate Bill 1383.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
Senate Bill 1383 implementa!on will not impact the City. Fees are collected by the franchised waste hauler Waste Management. Staff es!mates three permits applica!ons per year for a total revenue of $795 annually.
Prior City Council/Commission Action
City Council adopted ordinance 2020-04 relating to SB 341.
City Council introduced the ordinance at the January 26, 2022 City Council Meeting.
Attachment(s)
Attachment 1 - Ordinance
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
27 -1-
ORDINANCE NO. 22-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA AMENDING AND RESTATING CHAPTER 16.05 (SOLID
WASTE COLLECTION AND DISPOSAL) OF THE CITY OF EASTVALE
MUNICIPAL CODE
WHEREAS, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 amended the California Integrated Waste Management Act of 1989 to place requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and require the City to implement a Mandatory Commercial Recycling program; and WHEREAS, Assembly Bill 1826 of 2014 amended the California Integrated Waste Management Act of 1989 to require businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, require the City to implement a recycling program to divert Organic Waste from businesses subject to the law, and require the City to implement a Mandatory Commercial Organics Recycling program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, amended the California Integrated Waste Management Act of 1989 to require CalRecycle to develop regulations to reduce organic materials in landfills as a source of methane. The regulations place requirements on multiple entities including the City, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, on October 28, 2020 the City Council approved a “Collection Services Agreement for the Provision of Residential and Commercial Garbage, Recyclable Materials and Organic Waste Collection, Recycling, and Disposal Services” with USA Waste of California, Inc., the term of which commences on July 1, 2022. This ordinance amends Chapter 16.05 to ensure consistency with the terms and conditions of the new franchise agreement. 28 -2-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
SECTION 1: CEQA ENVIRONMENTAL DETERMINATION.
The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15308, which exempts "actions by regulatory agencies for protection of the environment." This Ordinance is consistent with the goals of California State Assembly Bills 939, 341, and 1826, and Senate Bill 1383.
SECTION 2. AMENDMENT TO CHAPTER 16.05, “SOLID WASTE COLLECTION AND DISPOSAL”
Chapter 16.05, Solid Waste Collection and Disposal, is hereby amended in restated in its entirety as set forth in Exhibit A.
SECTION 3. MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS The following Section 14.25.120 is hereby added to Chapter 17.276 (Water-Efficient Landscapes):
“14.24.120 Landscape Design Plan
As applicable, all persons and/or entities subject to the State Model Water Efficient Landscape Ordinance (23 CCR, Division 2, Chapter 2.7) shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G), of the State Model Water Efficient Landscape Ordinance, as amended September 15, 2015, and as it may be amended in the future.”
SECTION 4. AMENDMENTS TO CHAPTER 4.06 (PURCHASING OF GOODS AND SERVICES; DISPOSITION OF SURPLUS SUPPLIES AND EQUIPMENT) The following Section 4.06.130 is hereby added to Chapter 4.06 (Purchasing of Goods and Services; Disposition of Surplus Supplies and Equipment) “4.06.130 Recovered Organic Material Product Procurement and Recycled-Content Paper Procurement
A. All City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Material Produce and Recycled-Content Paper Procurement Policy, as amended.
B. All vendors providing paper products and printing and writing paper shall:
29 -3-
1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than one percent (1%) of the total cost for non-recycled items.
2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
5. Provide records to the City’s recordkeeping designee, of all paper products and printing and writing paper purchases (both recycled-content and non-recycled content, if any is purchased). Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in this Section, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.” SECTION 5. 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 6. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its final passage by the City Council. 30 -4-
SECTION 7. 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 Section 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, APPROVED AND ORDAINED this ____ day of _____, 2022. _____________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Erica Vega Marc A. Donohue
City Attorney City Clerk/Communications Director
31 -5-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 2022-XX was duly introduced at a meeting of the City Council of the City of Eastvale, California, on the 26th day of January, 2022, and was passed by the City Council of the City of Eastvale, California, at a regular meeting held on the __ day of ________, 2022, by the City Council of the City of Eastvale, California, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marc A. Donohue, MMC
City Clerk/Communications Director
32 -6-
EXHIBIT A
“Chapter 16.05 SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. SOLID WASTE MANAGEMENT
ARTICLE III. FRANCHISES
ARTICLE IV. SELF-HAULING
ARTICLE V. NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D MATERIALS ARTICLE VI. ORGANIC WASTE
ARTICLE VII. PROHIBITED ACTS
ARTICLE VIII. ENFORCEMENT
ARTICLE I. – GENERAL PROVISIONS
Sec. 16.05.010. – Purpose; Findings.
Sec. 16.05.020. – Definitions.
Sec. 16.05.010. – Purpose; Findings.
A. Purpose. The management and proper disposal of Solid Waste is a matter of great importance to the City, its citizens, visitors, property owners and businesses. The City finds that the public health, safety, and well-being require the generation, accumulation, handling, collection, transportation, conversion and disposal of Solid Waste be controlled and regulated by the City through the comprehensive system provided in this Chapter. This Chapter is intended to ensure Solid Waste Handling Services are readily available, adhere to uniform standards, and are reliable, clean, and efficient. The City has a strong interest in reducing the harboring and breeding of rodents and insects, reducing the spread of disease, and preventing pollution and other unsightly degradation of the environment, which can occur with the improper handling of Solid Waste and the excess accumulation of Solid Waste.
B. Findings. The City finds and declares:
1. Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
33 -7-
2. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (“AB 939” or the “Act”) (codified at Public Resources Code §§ 4000 et seq.) established a solid waste management process that requires cities and other local jurisdictions to adopt and implement plans to reduce the amount of solid waste generated within their jurisdiction and to maximize reuse and recycling.
3. AB 939 states that the frequency of solid waste collection, the means of solid waste collection and transportation, levels of services, charges and fees for services, and the nature, location and extent of providing solid waste services, are matters of local concern.
4. AB 939 expressly allows cities to provide solid waste services to its residents by its own forces or by authorizing a private entity to provide those services.
5. This Chapter implements Article XI, § 7 of the California Constitution and AB 939 in the City of Eastvale and protects public health and safety by authorizing the City Council to provide solid waste handling service itself or to award one or more franchises to private entities.
Sec. 16.05.120. - Definitions.
“AB 939” or “Act” means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code, §§ 40000 et seq. as it may be amended, and as implemented by the regulations of CalRecycle or its successor agency.
“Account Holder” means the persons or entities whose name(s) are on a Solid Waste Franchisee’s account for a Premises.
“Authorized Collector” means a private contractor authorized to provide collection services on behalf of the City through contract, exclusive franchise agreement, or non-exclusive franchise agreement.
“Bin” means a receptacle, typically between one and six cubic yards, provided by a Solid Waste Franchisee for the collection of Solid Waste.
“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 Materials or Source Separated Blue Container Organic Waste.
“Bulky Waste” means Solid Waste that would not typically fit within a Container, including, but not limited to, furniture, carpets, mattresses, and oversized green material such as tree trunks and large branches if no larger than two feet in diameter and four feet in length, and similar large items discarded from a single family dwelling. “Bulky Waste” does not include Covered Electronic 34 -8-
Devices, such as televisions, radios, computers, monitors, and the like, which are regarded as Universal Waste, the disposal of which is governed by regulation of the Department of Toxic Substances Control.
“CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others).
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“City” means the City of Eastvale, California, a municipal corporation, and all of the territory lying within the municipal boundaries of the City as presently existing and all geographic areas which may be added or annexed to the City.
“City Manager” means a person having that title in the employ of the City of Eastvale, or the City Manager’s designated representative.
“City Premises” means City-owned or operated Premises where Solid Waste is generated or accumulated.
“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 as defined in 14 CCR Section 18982(a)(6). A Multi- Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
“Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
“Compliance Review” means a review of records by the City to determine compliance with this Chapter.
“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).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
35 -9-
“Compost Facility” means a Solid Waste facility that processes Organic Waste to produce Compost or mulch.
“Compostable Plastic” 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. “Construction and Demolition Material” or “C&D Material” means discarded building materials, “inert wastes” as defined in Public Resources Code § 41821.3(a)(1) (e.g. rock, concrete, brick, sand, soil ceramics and cured asphalt), recyclable construction and demolition materials, packaging, plaster, drywall, rubble resulting from construction, remodeling, repair and demolition operations, but does not include asbestos-containing materials or Hazardous Waste. “Container” means any container, regardless of color.
“Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, as defined in 14 CCR Section 18982(a)(55). “Debris Box” means a Container, typically ten to forty cubic yards, provided by a Solid Waste Franchisee for the collection of Solid Waste that is normally tipped loaded onto a motor vehicle and transported to an appropriate facility.
“Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. “Edible Food” means food intended for human consumption, as defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter as defined in 14 CCR Section 18982(a)(18), “Edible Food” is not 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. “Enforcement Action" means an action by the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
“Enforcement Official” means the city manager or their authorized designee(s) who is/are partially or wholly responsible for enforcing this Chapter. “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic 36 -10-
substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the City, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single- Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, as defined in 14 CCR Section 18982(a)(22). “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, as defined in 14 CCR Section 18982(a)(24). “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 as 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).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
“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 37 -11-
Recovery, as 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). “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, as defined in 14 CCR Section 18982(a)(27). “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. “Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), as defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-Compostable Paper and textiles. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. “Green Material” and “Yard Waste” means leaves, grass clippings, brush, branches and other forms of organic materials generated from maintenance or alteration of landscapes or gardens including, but not limited to, tree trimmings, prunings, brush and weeds and incidental pieces of untreated scrap lumber. “Green Material” includes holiday trees (except such trees which are frosted, flocked or which contain tinsel or metal), but does not include stumps or branches exceeding four inches (4”) in diameter or four feet (4’) in length, or palm fronds, or yucca, which are not suitable for composting.
“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, as defined in 14 CCR Section 18982(a)(30). “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, as defined in 14 CCR Section 18982(a)(31.5). “Hazardous Waste” means any waste materials or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., the Carpenter-Presley-Tanner Hazardous Substance Account Act (“HSAA”), codified at California Health & Safety Code §§ 25300 et seq.; the Electronic Waste Recycling Act of 2003, codified at California Health & Safety Code §§ 25214.9et seq. and California Public Resources Code §§ 41516 et seq., laws governing Universal Waste, all future amendments to any of them, or as defined by CalRecycle or the Department of Toxic Substances Control, or by their respective successor agencies. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, 38 -12-
the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition.
“High Diversion Organic Waste Processing Facility” has the same meaning as defined in 14 CCR Section 18982(a)(33).
“Household Hazardous Waste” means Hazardous Waste, including Universal Waste or Covered Electronic Devices, generated at a Single-Family or Multifamily Residential Premises, including but not limited to dry cell household batteries; cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; cleaning products; pesticides; herbicides; insecticides; painting supplies; automotive products; solvents; stripes; and adhesives; auto batteries; and Universal Waste generated at a Single-Family or Multifamily Residential Premises. “Inspection” means a site visit where the City 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, as defined in 14 CCR Section 18982(a)(35).
“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.
“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.
“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, as defined in 14 CCR Section 18982(a)(40).
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“Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
“MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
“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, as defined in 14 CCR Section 18982(a)(41).
“Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, as defined in 14 CCR Section 18982(a)(43).
“Notice of Violation (NOV)” means a notice that a violation of this Chapter has occurred that includes a compliance date to avoid an action to seek penalties, as defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges as defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
Notwithstanding the foregoing definition, Paper Products, Printing and Writing Paper, organic textiles, and carpets shall not be placed in the Green Container as Source Separated Green Container Organic Waste (SSGCOW).
“Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, as defined in 14 CCR Section 18982(a)(48). “Owner” means the persons or entities listed on the last equalized assessment roll as the owner of a lot or parcel of real property within the City. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, as defined in 14 CCR Section 18982(a)(51). Paper Products, when source separated, shall be considered Source Separated Recyclable Materials.
“Person in Charge” means an Owner, tenant, occupant or other person or persons responsible for the day to day operation of a Premises.
“Premises” means place where any person resides, or any business is carried on or conducted, or any other place upon which Solid Waste is generated or accumulated. 40 -14-
“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, as defined in 14 CCR Section 18982(a)(54). Printing and Writing Papers, when source separated, shall be considered Source Separated Recyclable Materials.
“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 Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in the City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
“Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, as defined in 14 CCR Section 18982(a)(60).
“Recovery” means any activity or process described in 14 CCR Section 18983.1(b), as defined in 14 CCR Section 18982(a)(49).
“Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, as defined in 14 CCR Section 18982(a)(61).
“Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
“Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, as defined in 14 CCR Section 18982(a)(64). “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, as defined in 14 CCR Section 18982(a)(65). “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.
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“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Self-Hauler” means a person, who, in compliance with all applicable requirements of the City Code, hauls Solid Waste, Organic Waste or recyclable material he or she has generated directly to the appropriate facility, as required by this Chapter. “Self Haul Permit” means a permit issued by the City to Self Hauler under this Chapter. “Self Haul Permitee” means a person who has received a Self Haul Permit. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191.
Solid Waste includes, but is not limited to, Gray Container Waste, Non-Organic Recyclables, and Organic Waste.
“Solid Waste Enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing Solid Waste Handling Services.
“Solid Waste Franchisee” means a Solid Waste Enterprise that has been granted the right and privilege by the City in accordance with a franchise agreement by and between the Solid Waste Enterprise and the City, or by operation of law, to perform one or more Solid Waste Handling Services within the City or a portion thereof.
“Solid Waste Handling Services” means the collection, transportation, processing, recycling, composting, conversion, retention and disposal of solid waste, construction and demolition materials, bulky waste, Household Hazardous Waste, and/or Universal Waste. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, as defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. 42 -16-
“Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), as defined by Section 17402(a)(18.7).
“Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
“Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste.
“Spilled” means deposited, released, spilled, leaked, pumped, poured, emitted, emptied, discharged, injected, dumped or disposed into the environment, or which otherwise has come to be located outside an authorized container. The term “disposed into the environment” shall include, but is not limited to, the abandonment or discarding of barrels, bags, cans and other closed receptacles containing solid waste.
“State” means the State of California.
“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, as defined in 14 CCR Section 18982(a)(71). “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
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(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply.
“Universal Waste” means and includes, but is not limited to, Universal Waste Electronic Devices” or “UWEDs,” (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 23 CCR §§ 66273.1, et seq.), and other Universal Wastes, including, but not limited to non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries [burglar alarm and emergency light batteries] alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers, and mercury-containing switches. “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, as defined in 14 CCR Section 189852(a)(76). 44 -18-
ARTICLE II. – SOLID WASTE MANAGEMENT
Sec. 16.05.100. – Collection Arrangements or Self-Haul Permit Required.
Sec. 16.05.110. – Containers – Use, Placement for Collection, Storage.
Sec. 16.05.120. – Clean-Up.
Sec. 16.05.130. – Disposal Frequency
Sec. 16.05.100. – Collection Arrangements or Self-Haul Permit Required.
In order to protect the public health, safety, and well-being, and to prevent the spread of vectors, the Person in Charge of a Premises in the City shall either:
A. Make arrangements with a Solid Waste Franchisee for Solid Waste Handling services, and keep such arrangement in good standing; or
B. Obtain a Self-Haul permit from the City and abide by the operational standards and all applicable provisions of this Chapter.
A violation of this Section is a misdemeanor and punishable as provided in Article VII of this Chapter.
Sec. 16.05.110. – Containers – Use, Placement for Collection, Storage.
A. Use. Every Person in Charge of a Premises shall:
1. Keep on the Premises a sufficient number of Containers to hold all Solid Waste, including Gray Container Waste, Non-Organic Recyclables, and Organic Waste that accumulate on the Premises each week without spilling, leaking, or emitting odors.
2. Deposit or cause to be deposited all Solid Waste, including Gray Container Waste, Non-Organic Recyclables, and Organic Waste generated or accumulated on the Premises into the proper Containers in accordance with the provisions of this Chapter.
B. Placement for Collection. To minimize interference with public rights-of-way, no person shall place a Container in a public right-of-way for collection by the appropriate Solid Waste Franchisee more than 24 hours prior to the normal collection time. Containers placed in a public right-of-way for collection shall be removed from the right-of-way within 24 hours after collection.
C. Storage. Except during the time a Container is placed for collection, no Container shall be visible from the public right of way. No container or item scheduled for bulky item pickup shall be placed adjacent to a street or public right-of-way for collection more than twelve hours before the scheduled collection time and shall be removed from the street or right-of-way location and stored out of public view within twelve hours after the scheduled collection time. 45 -19-
Sec. 16.05.120. – Clean-Up.
A. Until Solid Waste has been picked up by the appropriate Solid Waste Franchisee, or is Self-Hauled in accordance with a valid Self Haul Permit, each Person in Charge of a Premises shall be responsible for the cleanup of any and all Solid Waste generated, accumulated, or Spilled on the Premises. This cleanup responsibility includes the cleanup of Solid Waste Spilled for any reason, including but not limited to human or animal interference with a Container, wind or other natural forces, at any time during storage, collection, removal, or transfer of the materials.
B. The City’s Solid Waste Franchisee(s) shall clean up any Solid Waste Spilled during its collection, removal, or transfer, as soon as the Spill occurs.
Sec. 16.05.130. – Disposal Frequency.
All Solid Waste accumulating upon a Premises must be disposed of as frequently as required to avoid an accumulation of Solid Waste in violation of this Chapter, but in no case shall disposal occur less frequently than one (1) time per week, except that less than weekly disposal may be permitted during any period of time the Premises is temporarily unoccupied and Solid Waste is not accumulating on the Premises due to out-of-town travel or other similar situations. 46 -20-
ARTICLE III. – FRANCHISES
Sec. 16.05.200. – Provision of Solid Waste Handling Service.
Sec. 16.05.210. – Solid Waste Franchises.
Sec. 16.05.220. – Manner, Time and Frequency of Collection Sec. 16.05.230. – Liability for Solid Waste Collection Fees.
Sec. 16.05.240. – AB 939 Fees.
Sec. 16.05.200. – Provision of Solid Waste Handling Service.
A. The City Council may grant franchises to one or more Solid Waste Enterprises to make arrangements with the Persons in Charge of Premises within the City for Solid Waste Handling Services. It shall be a violation of this Chapter for any person to collect Solid Waste or provide any services related thereto unless such person is an Authorized Collector.
B. The City Council may determine Solid Waste collection services approach and categories, (e.g., single-family, commercial, construction & demolition materials, household hazardous waste, Universal Waste, Covered Electronic Devices, recyclable materials, and others) and may make or impose franchise, license, contract or permit requirements which may vary for such categories.
Sec. 16.05.210. – Solid Waste Franchises.
The City Council may award exclusive, partially exclusive, or non-exclusive franchises for one or more types of Solid Waste Handling Services for all or a portion of the Premises in the City. Any such franchise shall be in the form of a written agreement and shall be subject to all of the continuation rights, if any, held by any other Solid Waste Enterprise pursuant to Public Resources Code § 49520 et seq. A franchise may be granted through direct negotiation or a competitive process, on such terms and conditions as may be agreed to by the city and by the party or parties receiving the franchise or franchises. Where a franchise agreement is silent on an issue, the provisions of this Chapter shall govern. To the extent permitted by law, where a franchise agreement predates the effective date of this Chapter, the provisions of the franchise agreement shall govern over any inconsistent provisions contained in this Chapter.
Sec. 16.05.220. – Manner, Time and Frequency of Collection.
A. Regular Collection. The City’s Solid Waste Franchisee(s) shall make arrangements with its Account Holders specifying the manner in which Solid Waste Handling Services are to be regularly provided, subject to the terms of its franchise. 47 -21-
B. Special Collections. The City’s Solid Waste Franchisee(s) may provide on-call collection of Bulky Waste and Household Hazardous Waste to its Account Holders, and shall provide its Account Holders with Debris Boxes when requested and collect the Debris Box when the Account Holder no longer requires the Debris Box. The terms and conditions upon which such special collections are provided to Account Holders shall be arranged between the Solid Waste Franchisee and the Account Holder, subject to the terms of the Solid Waste Franchisee’s franchise from the City.
Sec. 16.05.230. – Liability for Solid Waste Collection Fees.
A. Joint and Several Liability. The Owner of a Premises and the Account Holder for a Premises are jointly and severally liable for Solid Waste Handling Services provided to the Premises by a Solid Waste Franchisee, including any related fees, charges, and penalties.
B. Delinquencies - Single Family Residential Premises. An Account Holder for a Single Family Premises who has not remitted required payment for Solid Waste Handling Services within ninety (90) days after the date of billing shall be notified by the Solid Waste Franchisee servicing the Premises on forms that contain a statement that if payment is not received within thirty (30) days from the date of the notice the City will be informed of the delinquency in an annual report. The Solid Waste Franchisee will deliver a report of the delinquencies by May 1 of each year with a request that the City place the delinquencies on the tax roll.
The City may collect delinquent fees or charges for Solid Waste Handling Services on the property tax roll for the Premises pursuant to Sections 38790.1 and 25831 of the Government Code or Health and Safety Code section 5473a. The City may charge a Solid Waste Franchisee for any and all costs and expenses it incurs in connection with placing delinquencies on the tax roll. If the City decides to collect delinquent Solid Waste Handling fees or charges on the property tax roll, it shall adhere to the statutory procedures set forth in Government Code section 25831 or Health and Safety Code section 5473.1-5473.11.
C. Delinquencies - Commercial Premises and Multi-Family Premises. Solid Waste Franchisee(s) may discontinue service to a Commercial Premises and Multi-Family Premises, if the Account Holder of the Commercial Premises or Multi-Family Premises has not remitted required payment for Solid Waste Handling Services within thirty (30) days after the date of billing. If a Solid Waste Franchisee terminates service to any non-paying Commercial or Multi- Family Premises, the Solid Waste Franchisee may require as a condition precedent to re- establishment of such service, that the Owner of the Premises and the Account Holder must comply fully with all of the billing policies and practices of the Solid Waste Franchisee, including, but not limited to, requirement of payment by cash or cash equivalent, prepayment of one full billing cycle, a security deposit, payment of all costs of collection of monies owed to the Solid Waste Franchisee, and payment of a reinstatement fee. If a Solid Waste Franchisee discontinues service for non-payment, the Solid Waste Franchisee shall, upon City request, give 48 -22-
written notice to the City Manager of any discontinuance of service for nonpayment, giving the name and address of the Account Holders.
Sec. 16.05.240. – AB 939 Fees.
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may impose fees on Solid Waste Franchisees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the City’s required Source Reduction and Recycling Element, Household Hazardous Waste Element, and Nondisposal Facility Element, and the costs of setting and collecting the fees. Any new or increased AB 939 fees imposed on a Solid Waste Franchisee shall be cause for a corresponding rate adjustment to the franchisee’s then current rate structure.
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ARTICLE IV. – SELF-HAULING
Sec. 16.05.300 – Applicability.
Sec. 16.05.310. – Self-Haul Permit
Sec. 16.05.320. – AB 939 Fees
Sec. 16.05.300. – Applicability
Self-Haul Permits are available only to Single-family Premises because Commercial and Multi- family Residential Premises generate larger volumes of Solid Waste. It would pose an unwarranted threat to the public health, safety and welfare if the Person in Charge of a Commercial or Multi-family Premises attempted to Self-Haul the Solid Waste on their Premises because it is more difficult to transport large volumes of Solid Waste in a manner that is safe and sanitary. The difficultly posed by Self-Hauling larger volumes of Solid Waste could lead to increased illegal dumping and burning, failure to segregate Gray Container Waste, Non-Organic Recyclables, and Organic Waste, and the accumulation of Solid Waste at a Premises for more than one (1) week.
Sec. 16.05.310. – Self-Haul Permit
A. Permit required. The Person in Charge of a Single-family Premises may apply for and obtain a permit to Self-Haul, and shall not Self-Haul without a valid Self-Haul Permit issued pursuant to this section. Every Person in Charge of a Single-family Premises who desires to Self- Haul in lieu of making arrangements with the appropriate Solid Waste Franchisee for Solid Waste Handling Services shall obtain a Self-Haul permit from the City's Community Safety Director or his or her designee prior to commencing Self-Hauling.
B. Term. A permit to Self-Haul shall be good for one calendar year, or such part of the calendar year that is remaining after the issuance of the permit. All Self-Haul permits shall expire on December 31, and may be renewed annually. Application for a renewal permit must be filed at least sixty (60) days prior to the expiration date of the permit to allow adequate time for processing, inspection and verifications required to issue the permit.
C. Issuance of permit. An applicant for a Self-Haul Permit shall submit a completed application, on a form approved by the City’s Community Safety Director, to the Community Safety Department. The Community Safety Director or his or her designee shall determine whether the application is complete within five (5) working days of the receipt of the application. If the director or his or her designee finds the application incomplete, the applicant shall be given a list of further information needed to complete the application.
After it is determined that an application for a Self-Haul Permit is complete, the applicant shall produce the items listed in numbers 1 through 7 below. The Community Safety 50 -24-
Director or his or her designee shall issue a Self-Haul Permit within five (5) working days of the production of all of the required items.
1. The applicant produces for inspection the vehicle the applicant intends to use for Self-Hauling, and the vehicle meets the following standards:
a. The vehicle is capable of safely hauling a minimum of 32 gallons (4.3 cubic feet) of Gray Container Waste, Non-Organic Recyclables, and Organic Waste in a safe and sanitary manner so that such matter will not Spill; b. If the vehicle is not fully enclosed, the applicant produces a tarp or other material that is demonstrated to completely secure the materials being Self Hauled.
2. The applicant produces evidence that he or she owns or leases the vehicle produced for inspection or has a written agreement to use the vehicle for Self-Hauling with the vehicle’s owner or lessor;
3. The applicant produces evidence that he or she has a valid California driver's license to operate the vehicle produced for inspection and that the vehicle is registered in the State of California;
4. The applicant provides the City with a certificate of automobile insurance for the vehicle;
5. The vehicle is operational and meets all applicable Vehicle Code standards;
6. The applicant provides the City with proof that the applicant has Containers for the storage of Gray Container Waste, Non-Organic Recyclables, and Organic Waste on the applicant's Premises before the materials are hauled to a disposal facility; and
7. The applicant pays the fee for a Self-Haul Permit authorized by resolution of the City Council. The fee shall reflect the City’s reasonable costs of issuing and monitoring compliance with the permit.
D. Appeal of denial. An applicant whose application for a Self-Haul permit has been denied may appeal that decision. An appeal may be filed within five (5) days of the date the applicant was notified of the denial. Appeals shall be heard by the City Manager. The decision of the City Manager is final.
E. Operational standards.
1. Self-Haul Permittees must dispose of Solid Waste weekly at a licensed or permitted landfill or disposal facility and shall procure and retain weekly receipts from such landfill or other disposal facility. Receipts shall be submitted to the City monthly.
Failure to show proof of Solid Waste disposal for each week that a person is permitted 51 -25-
to Self-Haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittees' Self Haul Permit.
2. Authorized Self-Haulers shall source separate all non-organic recyclable materials and Organic Waste generated on-site from other Solid Waste 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.
3. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
4. Self-Haul Permittees must notify the City of any change in the vehicle being used to haul Solid Waste by the permittee. Permittees must bring the new vehicle in for an inspection and demonstrate compliance with items 1 through 5 of paragraph B of this section before the new vehicle is used to haul any Solid Waste under the permit.
5. Self-Haul Permittee must keep on file with the City copies of the current automobile insurance and registration for the vehicle used to Self-Haul and the permittee's current California driver's license. Permittee must provide proof to City of renewed automobile insurance, vehicle registration, and California driver's license within five days of expiration of respective document.
6. Failure to show proof of disposal for each week that a person is permitted to Self-Haul shall constitute a public health and safety nuisance sufficient to permit City to revoke the permittees' Self Haul Permit.
5. Self-Haul Permittees are liable for any damages and clean-up costs resulting from any Solid Waste Spills during the course of the permittees' Self Hauling activity.
F. Revocation of permit. The Self-Haul Permit shall be subject to revocation if the permittee violates any provision of this Chapter. A notice of revocation shall be mailed to the permittee informing them that their Self-Haul Permit is being revoked, identifying the violations of this Chapter that have occurred, and informing the permittee that he or she has the right to dispute the revocation by an appeal to the City Manager. An appeal of a revocation must be filed within five (5) calendar days of the mailing of notice of the revocation. A revocation appeal hearing will be scheduled within five (5) days of the date the City receives the request for an appeal. The City Manager will issue a decision on the appeal within five (5) days of the hearing and provide the permittee written notice of the decision. The decision of the City Manager on the appeal shall be final. A person whose Self-Haul Permit has been revoked pursuant to this Section may not obtain another Self-Haul Permit for one (1) year from the date of the revocation.
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Sec. 16.05.320. – AB 939 Fees
Pursuant to Division 30, Part 2, Chapter 8 of the Public Resources Code, Section 41900 et seq., the City may impose fees on persons with a Self-Haul permit in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan, including the costs of preparing, adopting and implementing the City’s required Source Reduction and Recycling Element, Household Hazardous Waste Element, and Nondisposal Facility Element, and the costs of setting and collecting the fees. 53 -27-
ARTICLE V. – NON-ORGANIC RECYCLABLES, GREEN WASTE, AND C&D MATERIALS Sec. 16.05.400. – Non-Organic Recyclables – Ownership, Right to Dispose.
Sec. 16.05.410. – Landscapers – Disposal of Green Waste.
Sec. 16.05.420. – Licensed Contractors – Disposal of C&D Materials.
Sec. 16.05.430. – Mandatory Commercial/Multifamily Recycling.
Sec. 16.05.400. – Recyclable Materials – Ownership, Right to Dispose.
A. Upon placement by the owner of Non-Organic Recyclables at a designated recycling collection location, or placement of Non-Organic Recyclables in a Container provided by the appropriate Solid Waste Franchisee, the Non-Organic Recyclables becomes the property of the recycler or Solid Waste Franchisee, by operation of state law.
B. Nothing in this Chapter shall limit the right of any person, organization or other entity to donate, sell or otherwise dispose of any Non-Organic Recyclables segregated from the Solid Waste stream owned by that person, organization or other entity, provided that the person, organization or other entity does not pay the buyer or donee any consideration for collecting, processing or transporting such Non-Organic Recyclables, or a consulting or broker’s fee for recycling services.
Sec. 16.05.410. – Landscapers – Disposal of Green Waste.
Landscapers may collect, transport and compost or dispose of Green Waste without obtaining a Self-Haul Permit, provided that any such Green Waste is generated by their own specific work site and transported to a site permitted by CalRecycle or exempt from permitting.
Landscapers shall not contract with a Solid Waste Enterprise to collect, transport and compost or dispose of Green Waste unless that Solid Waste Enterprise has a franchise from the City to perform said services.
Sec. 16.05.420. – Licensed Contractors – Disposal of C&D Materials.
Licensed contractors performing work within the scope of their licenses/permits within the City may collect, transport and dispose or recycle of Construction and Demolition Materials generated within their own specific work sites, without obtaining a Self-Haul Permit, provided that the licensed contractor adheres to the standards for disposal of Construction and Demolition Material provided in the California Green Building Standards Code (California Code of Regulations Title 24, Part 11). Construction and Demolition Materials must be transported to 54 -28-
a recycling facility permitted by CalRecycle whenever possible. Landfilling of Construction and Demolition Materials shall be a last resort.
Licensed contractors shall not contract with a Solid Waste Enterprise or Construction and Demolition Clean-Up Enterprise to collect, transport and dispose or recycle of Construction and Demolition Materials unless that Solid Waste Enterprise has a franchise from the City to perform said services.
Sec. 16.05.430. Mandatory Commercial/Multifamily Recycling.
A. A Commercial Premises that generates four cubic yards or more of Solid Waste per week shall arrange for recycling services for Non-Organic Recyclables by subscribing to a Solid Waste Franchisee for the pick-up of Non-Organic Recyclables.
B. A business subject to subsection (a) and that provides customers with access to the Premises shall provide customers with a Non-Organic Recyclables Container to collect material purchased on the premises and that fulfills all of the following requirements:
1. Is adjacent to Gray Container Waste container, except in restrooms.
2. Is visible and easily accessible.
3. Is clearly marked with educational signage indicating what is appropriate to place in the Non-Organic Recyclables Container in accordance with state law and the City’s solid waste ordinances and practices.
Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant, provides its employees a Non-Organic Recyclables Container to collect material purchased on the premises and implements a program to collect Non-Organic Recyclables. 55 -29-
ARTICLE VI. – ORGANIC WASTE
Sec. 16.05.500. – Compliance with AB 1826 and SB 1383
Sec. 16.05.510. – Requirements for Single-Family Generators.
Sec. 16.05.520. – Requirements for Commercial Businesses and Multi-Family Dwellings.
Sec. 16.05.530. – Waivers for Generators.
Sec. 16.05.540. – Requirements for Commercial Edible Food Generators.
Sec. 16.05.550. – Requirements for Food Recovery Organizations and Services.
Sec. 16.05.560. – Requirements for Haulers, Facility Operators and Community Composting Operations.
Sec. 16.05.570. – Compliance with CALGreen Recycling Requirements.
Sec. 16.05.500. Compliance with AB 1826 and SB 1383
Single-Family Premises and Commercial Premises shall comply with the Organic Waste recycling provisions of AB 1826 and SB 1383, and all regulations associated therewith.
Sec. 16.05.510. Requirements for Single-Family Generators.
Single-Family Organic Waste Generators, except Single-Family generators that meet all applicable Self-Hauler requirements in this Chapter:
A. Shall subscribe to the City’s three-container Organic Waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, generator shall adjust its service level for its collection services as requested by the City.
B. Shall participate in the City’s three-container system for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Gray Container Waste collection services. Generator participation in the collection programs requires that generators place only approved materials in the appropriate colored containers:
1. The Gray Container is provided solely for the placement and collection of non- organic Solid Waste. No Organic Material or Recyclable Material is permitted in the Gray Container.
56 -30-
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 is permitted in the Blue Container.
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 is permitted in the Green Container.
It shall be unlawful and a violation of this Chapter to place Prohibited Container Contaminants in a collection container, and may subject the generator of Organic Material to a contamination processing fee or enforcement action as set forth in this Chapter.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (Blue Container, Green Container, and Gray Container), Single-Family Waste Generators shall comply with the container label requirements.
C. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
Sec. 16.05.520. Requirements for Commercial Businesses and Multi-Family Dwellings.
Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to the City’s three-container Organic Waste collection services. The City shall have the right to review the number, size, and location of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Business shall adjust its service level for its collection services as requested by the City.
B. Participate in and comply with the City’s three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers. Generator shall place only approved materials in the appropriate colored containers:
1. The Gray Container is provided solely for the placement and collection of non- organic Solid Waste. No Organic Material or Recyclable Material is permitted in the Gray Container.
57 -31-
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 is permitted in the Blue Container.
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 is permitted in the Green Container.
It shall be unlawful and a violation of this Chapter to place Prohibited Container Contaminants in a collection container, and may subject the generator of Organic Material to a contamination processing fee or enforcement action as set forth in this Chapter.
Notwithstanding the above, and in accordance with the SB 1383 Regulations, the City is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Chapter and the Regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on new containers indicating the primary materials accepted and the primary materials prohibited in the containers. Until SB 1383 compliant colored containers are provided (Blue Container, Green Container, and Gray Container), Commercial Businesses shall comply with the container label requirements.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City’s Blue Container, Green Container, and Gray Container collection service.
D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by the City, 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 58 -32-
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 labels are required on new containers commencing January 1, 2022.
E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement set forth in 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service.
G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Container, Green Container, 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).
H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
I. Provide education information before or within fourteen (14) days of new tenants entering into an Agreement for or requesting collection services from the City’s Authorized Collector, whichever occurs later, that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City or its agent to their properties during all Inspections conducted in accordance with this Chapter to confirm compliance with the requirements of this Chapter.
K. If implemented, accommodate and cooperate with the City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, to evaluate generator’s compliance with this Chapter.
L. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements of this Chapter.
Sec. 16.05.530. Waivers for Generators.
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A. De Minimis Waivers: The City may, at its discretion or in concert with its Solid Waste Franchisee, waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business:
(1) Submits an application specifying the services that they are requesting a waiver from; and
(2) Provides documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste; and
(3) Notifies the City if circumstances change such that Commercial Business’s Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded; and
(4) Provides written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.
B. Physical Space Waivers: The City may, at its discretion or in concert with its Solid Waste Franchisee, waive a Commercial Business’ or property owner’s obligations (including Multi- Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lack adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this Chapter.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer.
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(3) Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.
C. Collection Frequency Waiver: The City, at its discretion or in concert with its Solid Waste Franchisee, and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.
Sec. 16.05.540. Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the below requirements commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow 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:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
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(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self- hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) Commencing no later than January 1, 2022, for Tier One Commercial Edible Food Generators and January 1, 2024, for Tier Two Commercial Edible Food Generators, Commercial Edible Food Generators shall provide a quarterly Food Recovery report to the City which includes the information required in 14 CCR Section 18991.4 “Record Keeping Requirements for Commercial Edible Food Generators.”
D. Nothing in this Section 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).
Sec. 16.05.550. Requirements for Food Recovery Organizations and Services.
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.
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(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. Commencing January 1, 2022, 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 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), as applicable.
D. Food Recovery Capacity Planning
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.
E. Commencing no later than January 1, 2022, Food Recovery Services and Organization shall provide a quarterly report to the City which includes the information required in 14 CCR Section 18991.5 “Food Recovery Services and Organizations.” Sec. 16.05.560. Requirements for Solid Waste Franchisee, Facility Operators and Community Composting Operations.
A. Requirements for Haulers.
(1) Solid Waste Franchisee providing residential, Commercial or Organic Waste collection services to generators within the City’s boundaries shall meet the following 63 -37-
requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
A. Through written notice to the City annually on or before June 1, identify the facilities to which they will transport Organic Waste including the facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste, as applicable.
B. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
D. Solid Waste Franchisee shall comply with education, equipment, signage, container labelling, container color, contamination monitoring, reporting, and other requirements contained within its Franchise Agreement, as may be amended from time to time.
E. Notwithstanding any the foregoing, nothing in this Chapter shall restrict or otherwise prohibit Solid Waste Franchisee from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.
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 the City’s 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. Entities contacted by the City shall respond within 60 days.
Sec. 16.05.570. Compliance with CALGreen Recycling Requirements. 64 -38-
As applicable, all persons and/or entities subject to California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, shall comply with the following provisions of CALGreen, as amended July 1, 2019 and effective January 1, 2020:
(1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 Recycling by Occupants Non-residential.
(2) For organic waste commingled with construction and demolition debris, Section
4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction Waste Management non-residential.
If, after the adoption of this Chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of Sections 4.408.1, 4.410.2, 5.408.1, and
5.410.1 of CALGreen shall be enforced.
65 -39-
ARTICLE VI. – PROHIBITED ACTS
Sec. 16.05.600. – Removal of Solid Waste.
Sec. 16.05.610. – Bulky Waste.
Sec. 16.05.620. – Hazardous Waste.
Sec. 16.05.630. – Solid Waste Burning.
Sec. 16.05.640. – Franchise Required.
Sec. 16.05.650. – Public Nuisance.
Sec. 16.05.660. – Unauthorized Disposal.
Sec. 16.05.670. – Spills.
Sec. 16.05.680. – Unlawful Dumping.
Sec. 16.05.690. – Solid Waste Facilities
Sec. 16.05.600. – Removal of Solid Waste.
No person other than the Person in Charge of any Premises or a City Solid Waste Franchisee shall:
1. Provide or place any Container for the collection of Solid Waste at any location in the City; or
2. Remove any Container from the location where the Container was placed for storage or collection by the Person in Charge of the Premises; or
3. Remove any Solid Waste from any Container; or
4. Move a Container from the location in which it was placed for storage or collection without the prior written approval of the Person in Charge of the Premises.
Sec. 16.05.610. – Bulky Waste.
No person shall place Bulky Waste adjacent to or in a street or public right-of-way for collection or removal purposes without first making arrangements with the appropriate Solid Waste Franchisee for the collection or removal of such Bulky Waste. 66 -40-
Sec. 16.05.620. – Hazardous Waste.
No person shall place or deposit Hazardous Waste, Household Hazardous Waste, or Universal Waste in any Container provided by a Solid Waste Franchisee, or deposit, release, spill, leak, pump, pour, emit, empty, discharge, inject, dump or dispose into the environment any Hazardous Waste, Household Hazardous Waste or Universal Waste.
Sec. 16.05.630. – Solid Waste Burning.
No person shall burn any Solid Waste within the City, except in an approved incinerator or transformation facility or other device for which a permit has been issued, and which complies with all applicable permit and other regulations of air pollution control authorities, and provided any such act of burning in all respects complies with all other laws, rules and regulations.
Sec. 16.05.640. – Franchise Required.
No person except a Solid Waste Franchisee, a person with a Self-Haul Permit, a landscaper hauling green waste, or a licensed contractor performing work within the scope of that license, shall collect or remove any Solid Waste from any Premises within the City.
Sec. 16.05.650. – Public Nuisance.
It is unlawful and a public nuisance if any one of the following conditions exists at a Premises:
1. The Person in Charge of the Premises has not made arrangements with the appropriate Solid Waste Franchisee for Solid Waste Handling Services, and the Person in Charge of the Premises does not have a valid Self Haul Permit;
2. The Person in Charge of the Premises has made arrangements with the appropriate Solid Waste Franchisee for Solid Waste Handling Services, but the Solid Waste Franchisee has terminated services to the Premises due to the Account Holder’s failure to pay for such services; and
3. The Person in Charge of the Premises has obtained a Self-Haul Permit from the City, but the permittee has violated one or more of the operational standards contained in Section
16.05.310(E).
Sec. 16.05.660. – Unauthorized Disposal.
No person shall place anything in another person’s Containers without the permission of such other person.
Sec. 16.05.670. – Spills.
It is unlawful for any person transporting Solid Waste not to clean up, or arrange for the cleanup, of any Solid Waste during removal or transport within the City by such person. If any 67 -41-
person transporting Solid Waste Spills any such materials and does not clean up or arrange for the cleanup of the Spill, the City may clean up the Spill and charge the person responsible for the Spill 100 percent of the costs the City incurred in cleaning up the Spill.
Sec. 16.05.680. – Unlawful Dumping.
It is unlawful for any person to negligently or intentionally Spill upon any property within the City any Solid Waste, or to cause, suffer, or permit Solid Waste to be located upon any property in the City, except as authorized by law.
Sec. 16.05.690. – Solid Waste Facilities.
No person shall construct or operate a Solid Waste management facility, including but not limited to a materials recovery facility, Solid Waste transfer or processing station, composting facility, a buy-back or drop-off center, disposal facility or a recycling center without first satisfying all City requirements for land use, environmental and other approvals. 68 -42-
ARTICLE VII. – ENFORCEMENT
Sec. 16.05.700. – Inspections and Investigations by the City.
Sec. 16.05.710. – Enforcement.
Sec. 16.05.720. – Violation.
Sec. 16.05.730. – Misdemeanor.
Sec. 16.05.740. – Attorneys’ fees.
Sec. 16.05.700. – Inspections and Investigations by the City.
A. City employees, Designee, and/or its Solid Waste Franchisee 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 Chapter, subject to applicable laws. This Section does not allow the City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with this Chapter, the City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring, where applicable.
B. Persons in charge shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees, Designee, and/or its Solid Waste Franchisee 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; (ii) installation and operation of Remote Monitoring equipment, where required; 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, Remote Monitoring, 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 employees, Designee, and/or its Solid Waste Franchisee are authorized to conduct any Inspections, Remote Monitoring or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
E. The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this Chapter, including receipt of anonymous complaints.
Sec. 16.05.710. – Enforcement.
69 -43-
A. Pursuant to California Penal Code Section 836.5, any City code enforcement officer is authorized to enforce the provisions of this Chapter and as well as those of California Penal Code Sections 374, 374a, 374.2, 374.3, 374.4, 374d, 374.7, and 375; California Government Code Section 68055 et seq.; and California Vehicle Code Sections 23111 and 23112.
B. Any violation of this Chapter may be enforced in any manner authorized by law, including but not limited to an administrative citation, criminal citation, nuisance abatement action, or civil action.
Sec. 16.05.720. – Violation.
Except as otherwise provided in this Chapter, violations of this Chapter are punishable as set out in Chapters 1.01 and 8.17 of this Code.
Sec. 16.05.730. – Misdemeanor.
Violation of this Chapter shall be a misdemeanor.
Sec. 16.05.740. – Attorneys’ Fees.
In any action or proceeding brought to enforce a violation of this Chapter, including but not limited to a nuisance abatement action and an action to foreclose on a special assessment, the prevailing party shall recover its reasonable attorney’s fees and costs. 70 AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.4
February
9, 2022
Release and Se(lement Agreements for CalPERS Arrears
Contributions
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council approve the Release and Se lement Agreements with
SAFEbuilt, LLC (d/b/a Interwest Consul$ng Group) and Michael Baker Interna$onal, Inc. and authorize the Acting City Manager to execute the agreements.
Summary
The proposed Release and Se
lement Agreements will result in Interwest Consul$ng Group and Michael Baker Interna$onal reimbursing the City for 50% of the employer share contribu$ons to CalPERS the City has or will be making on behalf of three individuals who provided services to the City through contracts with the aforementioned companies.
CalPERS conducted a compliance review of the City's use of independent contractors and determined that several individuals were misclassified as independent contractors and were actually common law employees of the City. As a result, arrears contribu$ons needed to be made to CalPERS for the $me those individuals provided services to the City. CalPERS contribu$ons are typically split into an employee share (paid by the employee) and the employer share (paid by the employer), but for arrears contribu$ons CalPERS has the ability to require the employer to pay both shares. For Eastvale, CalPERS determined that the City would be responsible for paying the employer share and not the employee share.
Background
On January 25, 2018, CalPERS no$fied the City that it would be conduc$ng a compliance review of 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
71 the City's prac$ces with respect to the use of independent contractors. The compliance review covered the period of time commencing January 1, 2012 through January 25, 2018.
The Employer Compliance Review Report was issued on May 8, 2020. The report contains findings that the City misclassified certain individuals hired as independent contractors or through third- party vendors. CalPERS determined that these individuals were common law employees of the City and the misclassifica$on resulted in those persons not being enrolled in CalPERS. Addi$onally, some of the individuals who CalPERS determined were misclassified are CalPERS re$red annuitants and CalPERS determined those individuals were not employed in accordance with working aAer retirement laws.
On February 1, 2021, CalPERS issued final Determina$on Le ers to nine individuals that were
determined by CalPERS to have been misclassified through the Compliance Review. Two of the individuals were provided through contracts with Michael Baker Interna$onal, and five through Interwest Consul$ng Group. The final two individuals were not affiliated with either of these vendors. Each individual had un$l March 3, 2021 to appeal CalPERS' determina$on. Six of the individuals filed appeals and three did not. The appeals are s$ll pending; hearing dates are scheduled for March and June of this year.
The proposed agreement with Michael Baker Interna$onal will result in the City being reimbursed for 50% of the employer share arrears contribu$ons for the two individuals who provided services under the City's agreements with Michael Baker that CalPERS determined were common law employees of the City.
The proposed agreement with Interwest Consul$ng Group will result in the City being reimbursed for 50% of the employer share arrears contribu$ons for one individual who provided services under the City's agreements with Interwest that CalPERS determined were common law employees of the City. The four other individuals who provided services under the City's agreements with Interwest that CalPERS determined were common law employees of the City all have appeals pending. Any release and se
lement with respect to those individuals will require a separate future agreement with Interwest.
Environmental
No environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
Approval of these agreements will have a posi$ve impact on the City's finances, as they will result in the City being reimbursed for 50% of the employer's share arrears contribu$ons paid by the City to CalPERS for three individuals. The arrears contribu$ons were paid in the prior fiscal year for the three individuals who did not file appeals. CalPERS has not yet invoiced the city for contribu$ons relating to the remaining six individuals.
Prior City Council/Commission Action
There has been no prior Council action with respect to these Release and Settlement Agreements. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
72 Attachment(s)
Attachment 1 - Michael Baker Settlement and Release
Attachment 2 - Interwest Settlement and Release
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
73 RIV #4859-2918-9126 v1
RELEASE AND SETTLEMENT AGREEMENT
In consideration of the mutual promises contained in this Release and Settlement Agreement (“Agreement”), and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City of Eastvale (“ City”) and Michael Baker International, Inc. (“MBI”) (collectively, the “Parties”, or each, a “Party”) agree as follows:
1. Purpose/Recitals. The purpose of this Agreement is to resolve any claims or disputes that have arisen between the Parties as of the Effective Date, related to City’s contention that MBI has an obligation to indemnify City under several professional services agreements between the City and MBI and the City and PMC, Inc. (a MBI predecessor) from 2011 to 2018 as it pertains to a determination by CalPERS that certain individuals who provided services to the City under these agreements were common law employees of the City, including but not limited to Eric Norris and Kanika Kith, and that the City owes arrears contributions to CalPERS for Mr. Norris and Ms. Kith (“Dispute”).
2. Settlement Amount. MBI agrees to pay, and City agrees to accept, payment in a total amount not to exceed $35,252.52 calculated as follows Settlement Payment”):
2.1. MBI agrees to pay, and the City agrees to accept, $15,252.52, which the City represents is equal to 50% of the final arrears contributions determined to be owed by the City for Eric Norris; and
2.2. MBI agrees to pay, and the City agrees to accept, 50% of the final arrears contribution determined to be owed by the City for Kanika Kith up to a maximum payment of $20,000.
3. The Settlement Payment shall be paid by check, made payable to City of Eastvale and mailed to 12363 Limonite Ave., suite 910, Eastvale, CA 91752. The Settlement Payment check shall be mailed no later than 30 calendar days after MBI receives satisfactory evidence of the final arrears contribution determination for Kanika Kith, along with a properly completed IRS form W-9.
4. No Admission of Liability or Fault. This Agreement pertains to disputed claims and is the result of compromise. No Party admits any fault or liability with respect to the Dispute, and this Agreement does not constitute, and will not in any circumstance be deemed to constitute, an admission of fault or liability by any Party. Indeed, MBI specifically disclaims and denies any liability to City regarding the Dispute or any similar allegations.
5. City Release. City, on behalf of itself, its predecessors, successors, affiliates, assigns, officers, officials, departments, boards, commissions, agents, insurers, sureties, employees, representatives, attorneys, and persons acting by, through, under, or in concert with them (collectively “ Indemnitors”), hereby fully release(s) and forever discharge(s) MBI, its predecessors, successor, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest members, subcontractors, officials, employees, successors, assigns, agents, representatives and attorneys (collectively “ Indemnitees”), from and against any and all known or unknown charges, complaints, claims, grievances, rights, demands, actions, causes of action, liens, judgments, losses, debts, liabilities, damages, costs, expenses, penalties, fees, wages, contributions, and attorneys’ fees, of whatever nature, past or present or future, whether in law or in equity, whether under local, state or federal law, and whether known or unknown, 74 RIV #4859-2918-9126 v1
that any of the Indemnitors have and/or may have had against any of the Indemnitees, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions arising from or related to the Dispute or any other allegation that Indemnitees are responsible for indemnifying any of the Indemnitors for contributions City must make to CalPERS. However, nothing in this Agreement releases either Party from liability for the failure to perform any term or condition as set forth within this Agreement.
6. Waiver of Civil Code §1542. Each Party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
7. Taxes. City shall be solely responsible for, and is legally bound to make payment of, any taxes determined to be due and owing (including penalties and interest related thereto) by it to any federal, state, local, or regional taxing authority as a result of the Settlement Payment.
City understands that MBI has not made, and it does not rely upon, any representations regarding the tax treatment of the sums paid pursuant to this Agreement. Moreover, City agrees to indemnify and hold MBI harmless in the event that any governmental taxing authority asserts against one or more of the Indemnitees any claim for unpaid taxes, failure to withhold taxes, penalties, or interest based upon the payment of the Settlement Payment.
8. No Outstanding or Known Future Claims/Causes of Action. City affirms that it has not filed with any governmental agency or court any type of action or report against MBI, and other than the Dispute, currently knows of no existing act or omission by MBI that may constitute a claim or liability excluded from the release in paragraph 4 above.
9. Acknowledgment of Settlement. City acknowledges that, by signing this Agreement, and accepting the consideration provided herein and the benefits of it, including but not limited to the Settlement Payment, City is giving up forever any right to seek further monetary or other relief from the Indemnitees, as broadly described in paragraph 4 above, for any acts or omissions as set forth in paragraph 4 above, through the Effective Date.
10. Legal Representation; Interpretation. Each Party has had a reasonable opportunity to receive independent legal advice from its attorneys regarding the advisability of making the settlement provided for in this Agreement, the advisability of executing this Agreement, and the meaning of California Civil Code section 1542. No Party has made any statement or representation to any other Party regarding any fact relied upon in entering into this Agreement, and each Party does not rely upon any statement, representation or promise of any other Party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement. Each Party further warrants that it has entered into this Agreement freely, voluntarily, and of its own volition without fraud, duress, or undue influence. Moreover, the terms of this Agreement have been drawn by mutual cooperation between the Parties; therefore, this Agreement will not be construed for or against any of the Parties by reason of its participation, or lack of participation, in the drafting of this Agreement.
11. Authority to Execute. Each Party executing this Agreement represents that it has the legal authority to do so and the person or persons executing the Agreement on behalf of such 75 RIV #4859-2918-9126 v1
Party warrant and represent that they have the legal authority to bind the entity on behalf of whom they sign.
12. Execution of Agreement and Related Documents. This Agreement may be executed in counterparts with the same force and effect as if executed in one complete, original document.
Signatures delivered by facsimile or electronic transmission will be accepted as though originals.
13. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement will continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intention of the Parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
14. Governing Law; Venue. This Agreement will be interpreted, construed, governed, and enforced under the laws of the State of California. Any action to enforce any term or condition of this Agreement must be brought in the Riverside County Superior Court or the U.S. District Court for the Central District of California. In the event of any litigation to enforce any of the provisions of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and other costs of collection.
15. Successors; Assigns. The Parties intend this Agreement to be legally binding upon and shall inure to the benefit of each of them and their respective successors, assigns, executors, administrators, heirs, and estates. Moreover, the other person and entities referred to in paragraph 4 above, but not a Party, are third-party beneficiaries of this Agreement.
16. Entire Agreement. This Agreement, including any attachments incorporated by reference, constitutes the entire agreement between the Parties and supersedes any oral or written representations or agreements that may have been made by either Party.
17. New or Different Facts; No Effect. Except as provided herein, this Agreement shall be, and remain, in effect despite any alleged breach of this Agreement or the discovery or existence of any new or additional fact, or any fact different from that which either Party now knows or believes to be true. Notwithstanding the foregoing, nothing in this Agreement shall be construed as, or constitute, a release of any Party’s rights to enforce the terms of this Agreement.
18. Effective Date. The terms of this Agreement will be effective when a fully executed copy of this Agreement, along with a properly completed IRS form W-9, is received by MBI as set forth in paragraph 2 above (the “Effective Date”).
READ THE FOREGOING DOCUMENT CAREFULLY. IT INCLUDES A RELEASE OF KNOWN AND UNKNOWN CLAIMS.
[Signatures on Following Page]
76 RIV #4859-2918-9126 v1
Michael Baker International, Inc.
Date:______________________________
By :_______________________________
Curtis Schaffner, Associate Vice
President and Assistant General
Counsel
City of Eastvale
Date:______________________________
By :_______________________________
Henry Garcia, Acting City Manager
77 RIV #4875-1583-3092 v1
RELEASE AND SETTLEMENT AGREEMENT
In consideration of the mutual promises contained in this Release and Settlement Agreement (“Agreement”), and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City of Eastvale (“ City”) and SAFEbuilt, LLC, dba Interwest Consulting Group (“Interwest”) (collectively, the “Parties”, or each, a “Party”) agree as follows:
1. Purpose/Recitals. The purpose of this Agreement is to resolve any claims or disputes that have arisen between the Parties as of December 8, 2021, related to Interwest’s obligation to indemnify City under the various agreements between the Parties as it pertains to a determination by CalPERS that an employee of Interwest, Gonzalo Murillo, who performed services for the City pursuant to those agreements was a common law employee of the City and the City owed arrears contributions to CalPERS for Mr. Murillo in the amount of $46,353.52 (“Dispute”).
2. Settlement Amount. Interwest agrees to pay, and City agrees to accept, payment of $23,176.76 as full settlement of the Dispute.
3. No Admission of Liability or Fault. This Agreement pertains to disputed claims and is the result of compromise. No Party admits any fault or liability with respect to the Dispute, and this Agreement does not constitute, and will not in any circumstance be deemed to constitute, an admission of fault or liability by any Party.
4. Mutual Release.
4.1. City, its successors, assigns, agents, representatives and attorneys, fully releases and discharges the City, its directors, officials, employees, departments, boards, commissions, successors, assigns, agents, representatives and attorneys, all claims, demands, actions, causes of action, liens, judgments, losses, liabilities, costs, expenses, and attorneys’ fees, of whatever nature, past or present or future, whether in law or in equity, whether under state or federal law, and whether known or unknown, arising from or related to the Dispute. However, nothing in this Agreement releases either Party from liability for the failure to perform any term or condition as set forth within this Agreement.
4.2. Interwest, its successors, assigns, agents, representatives and attorneys, fully releases and discharges the City, its directors, officials, employees, departments, boards, commissions, successors, assigns, agents, representatives and attorneys, all claims, demands, actions, causes of action, liens, judgments, losses, liabilities, costs, expenses, and attorneys’ fees, of whatever nature, past or present or future, whether in law or in equity, whether under state or federal law, and whether known or unknown, arising from or related to the Dispute. However, nothing in this Agreement releases either Party from liability for the failure to perform any term or condition as set forth within this Agreement.
5. Waiver of Civil Code §1542. Each Party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
78 RIV #4875-1583-3092 v1
6. Legal Representation; Interpretation. Each Party has had a reasonable opportunity to receive independent legal advice from its attorneys regarding the advisability of making the settlement provided for in this Agreement, the advisability of executing this Agreement, and the meaning of California Civil Code section 1542. No Party has made any statement or representation to any other Party regarding any fact relied upon in entering into this Agreement, and each Party does not rely upon any statement, representation or promise of any other Party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement. Each Party further warrants that it has entered into this Agreement freely, voluntarily, and of its own volition without fraud, duress, or undue influence. Moreover, the terms of this Agreement have been drawn by mutual cooperation between the Parties; therefore, this Agreement will not be construed for or against any of the Parties by reason of its participation, or lack of participation, in the drafting of this Agreement.
7. Authority to Execute. Each Party executing this Agreement represents that it has the legal authority to do so and the person or persons executing the Agreement on behalf of such Party warrant and represent that they have the legal authority to bind the entity on behalf of whom they sign.
8. Execution of Agreement and Related Documents. This Agreement may be executed in counterparts with the same force and effect as if executed in one complete, original document.
Signatures delivered by facsimile or electronic transmission will be accepted as though originals.
9. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portion of the Agreement will continue to be valid and will be performed, construed, and fully enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intention of the Parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.
10. Governing Law; Venue. This Agreement will be interpreted, construed, governed, and enforced under the laws of the State of California. Any action to enforce any term or condition of this Agreement must be brought in the Riverside County Superior Court.
11. Entire Agreement. This Agreement, including any attachments incorporated by reference, constitutes the entire agreement between the Parties and supersedes any oral or written representations or agreements that may have been made by either Party.
Interwest Consulting Group
Date:______________________________
By :_______________________________
Gary Amato, Chief Administrative Officer
City of Eastvale
Date:______________________________
By :_______________________________
Henry Garcia, Acting City Manager
79 AGENDA STAFF REPORT
City Council Meeting
PUBLIC HEARINGS
Agenda Item No. 12.1
February
9, 2022
Redrawing of Councilmember District Boundaries
Prepared By:
Marc A. Donohue, City Clerk/Communications Director
Recommended Action(s)
Staff recommends that the City Council:
1 .
Conduct the con
nued public hearing to receive input from the community regarding proposed maps for the redrawing of election district boundaries; 2 .
Selected a proposed map for adoption; and
3 .
Direct staff to bring back an ordinance adopting new Council district boundaries.
Summary
Pursuant to Elec
on Code sec
on 21601, ci
es with by-district elec
on systems are required to
redraw their district boundary maps to ensure compliance with the California and federal Vo ng
Rights Acts. The process to complete the redistric
ng requires a minimum of four public hearings
and dedicated public outreach to ensure minority popula ons and communi
es of interest are away
of the redistric
ng effort and are provided with op
ons to par
cipate. This is the sixth public
hearing and the third where dra1 and revised maps are presented. A community workshop was held on November 15, 2021, providing basic redistric
ng informa
on for the community and focused on
use of the online mapping tool. A second community workshop was held on December 13, 2021 to further discuss the use of the online mapping tool and to encourage public engagement.
Background
Every 10 years, ci
es with by-district elec
on systems must use new census data to review and, if
needed, redraw district lines to reflect how local popula ons have changed. This process, called 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
80 redistric
ng, ensures all districts have a nearly equal popula
on. The redistric
ng process for the
City of Eastvale must be completed by April 17, 2022.
The City adopted its current district boundaries in 2016, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. One of the key requirements under the Fair Maps Act, and the federal Vo ng Rights Act, is
that districts be popula
on balanced. In addi
on, maps may not inten
onally seek to dilute or
minimize the minority vote and if there is an ability to create majority/minority vo ng districts, the
agency must strive to do so. Currently, the City’s districts vary widely in popula on, a result of the
building boom occurring since the 2010 census, the numbers from which were used to draw the City’s original district boundaries. At present, the popula on devia
on between the least populated
district to the most populated district, as compared to the ideal popula on (1/5 of the total City
popula
on) is 44.5%. One of the goals of redistric
ng is to reduce the total devia
on to as close to
zero as possible, however the courts have ruled that a devia on of 10% or less is generally
acceptable.
The purpose of this public hearing is to share proposed map op ons and receive feedback on the
maps presented. The Council, may, if desired, select a preferred map and direct staff to return at the February 23, 2022 meeting to introduce the ordinance approving the map.
Ini
ally the City’s redistric
ng consultant presented two map op
ons for considera
on, and two
maps were received from the community. At the second and third public hearings, Council requested revisions to certain previously submiFed maps. Specifically, Council requested Map E be reviewed at the January 26, 2022 Public Hearing as submiFed, and that Map Op ons F and H be
revised. At the January 26, 2022 Public Hearing, a member of the public, the author of Map H, submiFed a hand-drawn revision to map H, Version 2. The Council wished the publicly submiFed map be analyzed.
Map H, Version 3, is summarized below. That map, along with maps considered at previous public hearings, are highlighted in an attachment to this report (Attachment).
Map Option Hv3
Map Hv3 (Version 3) is a revision to Map H and Map Hv2, which was originally submiFed by a member of the public. Map Hv3 was also submiFed by the author of the original Map H. It creates five compact districts, keeps the Serafina condominium complex together in District 1, and share similar characteris
cs with the exis
ng boundary map. The map is popula
on balanced, with a total
devia
on of 3.13%. The map creates four majority/minority Hispanic vo ng districts and one
majority/minority Asian voting district, as with the current boundary map.
Complete demographic analysis of Map Hv3 is attached to this report.
Next Steps
At the conclusion of the public hearing at tonight’s mee ng, the Council may select a preferred map
and direct staff to bring back introduc
on of the Ordinance finalizing the selec
on of district
boundaries, or may request revisions to one or more maps for considera on at a future public 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
81 hearing. While the revised Hv3 map presented at the hearing reflects the Council’s direc on to
analyze the publicly submiFed map, Council may consider all previously submiFed maps and adopt any map that has been previously discussed. All map op ons are included in the demographic
analysis attached to this report, and all maps are available online for public review.
The deadline for the Council to adopt the ordinance (hold second reading) is April 17, 2022.
Environmental
No Applicable.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.
Fiscal Impact
Not Applicable.
Prior City Council/Commission Action
Public Hearing #1 was held on September 29, 2021, Public Hearing #2 was held on November 10, 2021, Public Hearing #3 was held on December 8, 2021, Public Hearing #4 was held on January 12, 2022, and Public Hearing #4 was held on January 26, 2022.
Attachment(s)
Attachment - Maps and Demographic Analysis
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
82 Map Option A
83 Map Option A
District
Total_Pop
ulation
Raw
Deviation
%
Deviation
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
NL AIAN
CVAP19
NL ASIAN
CVAP19
Not
Hispanic
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14,284 304 2.17% 6,912 1,774 615 3,389 - 1,018 3,521 14 70 2 14,169 189 1.35% 6,771 1,483 842 1,975 1 2,209 4,782 23 59 3 14,495 515 3.68% 8,354 2,151 1,081 3,027 - 1,765 5,333 27 150 4 13,544 -436 -3.12% 7,870 2,109 692 3,294 17 1,415 4,554 - 31 5 13,409 -571 -4.09% 6,761 1,697 555 2,373 5 1,906 4,424 - 80 Total 69,901
Ideal 13,980
Total Deviation 7.77%
84 Map Option B
85 Map Option B
District
Total_Po
pulation
Raw
Deviatio
n
%
Deviatio
n
VAP19
Total
VAP19
NL White
VAP19
NL Black
VAP
Hispanic
VAP19
NL AIAN
VAP19
NL ASIAN
VAP19
Not
Hispanic
VAP19
NL
Hawaiian
VAP19
NL Other
1 14,093 113 0.81% 10,118 2,020 1,045 4,506 249 2,509 5,612 52 2 14,169 189 1.35% 9,884 2,011 1,159 2,757 198 2,928 7,127 77 - 3 13,968 -12 -0.09% 9,975 1,934 1,167 3,536 232 3,323 6,439 73 4 13,830 -150 -1.07% 9,956 2,199 1,115 3,487 237 3,132 6,469 62 5 13,841 -139 -1.00% 9,596 2,009 828 3,192 237 3,576 6,404 45 Total 69,901
Ideal 13,980
Total Deviation 2.42%
86 Map Option C
87 Map Option C
District
Total_Po
pulation
Raw
Deviatio
n
%
Deviatio
n
VAP19
Total
VAP19
NL White
VAP19
NL Black
VAP
Hispanic
VAP19
NL AIAN
VAP19
NL ASIAN
VAP19
Not
Hispanic
VAP19
NL
Hawaiian
VAP19
NL Other
1 14,055 99 0.71% 10,118 2,020 1,045 4,506 249 2,509 5,612 52 2 14,143 187 1.34% 9,884 2,011 1,159 2,757 198 2,928 7,127 77 - 3 13,948 -8 -0.06% 9,975 1,934 1,167 3,536 232 3,323 6,439 73 4 13,867 -89 -0.64% 9,995 2,201 1,103 3,379 246 3,292 6,616 65 5 13,768 -188 -1.35% 9,557 2,007 840 3,300 228 3,416 6,257 42 Total 69,781
Ideal 13,956
Total Deviation 2.69%
88 Map Option D
89 Map Option D
90 Map Option E
91 Map Option E
District
Total_Pop
ulation
%
Populatio
n
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL AIAN
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14,001 0.15% 6,841 1,773 592 3,389 3,456 - 968 14 79 2 14,169 1.35% 6,771 1,483 842 1,975 4,782 1 2,209 23 59 3 14,159 1.28% 8,128 2,107 1,070 2,895 5,233 - 1,739 27 140 4 13,857 -0.88% 8,083 2,142 666 3,393 4,671 1 1,537 - 40 5 13,715 -1.90% 6,845 1,709 615 2,406 4,472 21 1,860 - 72 Total 69,901 36,668 9,214 3,785 14,058 22,614 23 8,313 64 390 Ideal 13,980
Deviation 3.25%
92 Map Option F
93 Map Option F
District
Total_Pop
ulation
%
Population
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL AIAN
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14,093 0.81% 6,720 1,728 568 3,251 3,457 - 1,055 14 50 2 14,169 1.35% 6,771 1,483 842 1,975 4,782 1 2,209 23 59 3 14,104 0.89% 8,159 2,010 1,113 3,023 5,150 - 1,673 27 170 4 13,632 -2.49% 8,179 2,074 691 3,648 4,536 1 1,433 - 26 5 13,903 -0.55% 6,839 1,919 571 2,161 4,689 21 1,943 - 85 Total 69,901 36,668 9,214 3,785 14,058 22,614 23 8,313 64 390 Ideal 13,980
Deviation 3.84%
94 Map Option G
95 Map Option G
District Total Pop % Deviation
CVAP
Total
CVAP
White
CVAP
Hispanic
CVAP
Black
CVAP
ASIAN
CVAP
AIAN
CVAP
Hawaiian
CVAP
Other
1 14093 0.81% 8563 0.2771 0.455 0.0942 0.1654 0 0.0041
2 14028 0.34% 7349 0.2281 0.2958 0.1259 0.3297 0.0082 0.0027 3 14294 2.25% 8826 0.2471 0.3695 0.1516 0.2089 0.0019 0.0028 4 13368 -4.38% 7597 0.2655 0.4331 0.101 0.1943 0.0088 0 5 14118 0.99% 7024 0.258 0.3435 0.0894 0.2966 0.0094 0
Ideal Population 13980
Deviation 6.62%
96 Map Option H
97 Map Option H
District Total Pop
%Deviati
on
Total
CVAP
CVAP
White
CVAP
Hispanic
CVAP
Black
CVAP
Asian
CVAP
AIAN
CVAP
Hawaiian
CVAP
Other
1 14093 0.81% 8563 0.2771 0.455 0.0942 0.1654 0 0.0041
2 14169 1.35% 6963 0.2225 0.2993 0.1311 0.3266 0.0086 0.0029 3 13968 -0.09% 8749 0.2491 0.3688 0.1502 0.2085 0.0017 0.0029 4 14348 2.63% 8155 0.2571 0.4383 0.1024 0.1968 0.0118 0 5 13323 -4.70% 6929 0.2686 0.3252 0.086 0.3064 0.0056 0 Ideal Population 13980
Deviation 7.33%
98 Map Option Fv2
99 Map Option Fv2
Ideal Population 13,980
Total Deviation: 4.95%
District
Total
Population
%
Population
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL AIAN
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14,115 0.96% 6,793 1,761 593 3,332 3,460 - 1,002 14 70 2 14,169 1.35% 6,771 1,483 842 1,975 4,782 1 2,209 23 59 3 13,661 -2.28% 7,884 1,947 1,080 2,863 5,026 - 1,652 27 150 4 13,632 -2.49% 8,179 2,074 691 3,648 4,536 1 1,433 - 26 5 14,324 2.46% 7,041 1,949 579 2,240 4,810 21 2,017 - 85 100
Map Option Hv2
101
Map Option Hv2
District
Total
Population
%
Population
CVAP19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL AIAN
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14115 0.97% 8673 2403 820 3962 4711 0 1407 35 46 2 14169 1.35% 6963 1549 913 2084 4879 60 2274 20 153 3 13525 -3.25% 8485 2172 1285 3093 5392 15 1823 27 70 4 14348 2.63% 8155 2097 835 3379 4776 96 1605 0 143 5 13744 -1.69% 7083 1891 612 2320 4763 39 2163 0 58 Ideal 13,980
Deviation 5.89%
102
Map Hv3
103
Map Hv3 Demographic Analysis
District
Total
Population
%
Population
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19
NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
1 14,115 0.96% 6,793 1,761 593 3,332 3,460 - 1,002 14 70 2 14,169 1.35% 6,771 1,483 842 1,975 4,782 1 2,209 23 59 3 14,142 1.16% 8,172 2,076 1,093 3,021 5,166 - 1,677 27 150 4 13,731 -1.78% 8,030 2,066 703 3,436 4,576 17 1,432 - 28 5 13,744 -1.69% 6,902 1,828 554 2,294 4,630 5 1,993 - 83 Total 69,901
Ideal 13,980
Deviation 3.13%
*CVAP = Citizen Voting Age Population
**NL = Non Latino
***AIAN = American Indian Alaskan Native
104