Fountain Valley City Council
March 15, 2022

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 5:00 p.m.

Study Session Immediately Following Closed Session
Regular Meeting 6:00 p.m.

Tuesday, March 15, 2022
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org

MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address th e Cit y Counci lor othe r government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor. Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

ZOOM LINK INFORMATION
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• All public comments are allowed up to 3 minutes to speak.

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Time: Mar 15, 2022 05:00 PM Pacific Time (US and Canada) Join Zoom Meeting
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CLOSED SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
• CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Randall Auster v. City of Fountain Valley, et al. OCSC # 30-2020-01158809

STUDY SESSION
CALL TO ORDER Immediately Following Closed Session
PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. The City Clerk will call upon those that wish to speak. • Employee Attraction Marketing and Branding update – Presentation by Maggie Le, Deputy City Manager

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Council Member Michael Vo

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER/MAYOR UPDATE

PRESENTATIONS
• Certificate of Kindness presented to Tom Vo Jr. and Shaun Jennings • Arbor Day Proclamation and video – Introduction by HyeJin Lee, Public Works Director • Update on the Orange County Housing Finance Trust – Presentation by Grant Henniger

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 4 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the February 23, 2022 Special City Council Meeting

2. Receive and File the Draft Minutes of the March 1, 2022 Regular City Council Meeting

3. Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383

Staff recommends that the City Council approve Alternative No. 1, which is to conduct a second reading to adopt the ordinance to amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

4. Approval of a Resolution of the City of Fountain Valley Implementing Preferential Permit Parking for Easter, Cinco De Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2022 Page 51
Approve the Preferential Permit Parking Resolution

ADMINISTRATIVE ITEMS

5. Approve an Employment Contract for the Interim City Manager, Raul Godinez II, as a Retired Annuitant – Presentation by Carrie Hanes, Human Resources Director Page 61 Approve the employment contract for the Interim City Manager Raul Godinez II, as a Retired Annuitant.

6. Approve the Proposed 2022 Legislative Platform – Presentation by Maggie Le, Deputy City Manager Page 67
Approve the proposed 2022 Legislative Platform

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is April 5, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL
Special Meeting 4:30 p.m.

Closed Session Immediately Following Open Session
Tuesday, February 15, 2022
Council Chambers

OPEN SESSION
CALL TO ORDER 4:30 p.m.

CITY COUNCIL ROLL CALL
Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present
PUBLIC COMMENTS (Scheduled Matters Only)
There were no requests to speak.

ADMINISTRATIVE ITEMS

1. Waive Bidding Requirements Per FVMC 2.36.070(2) and Approve a Contract with City Net for Fountain Valley Street Outreach and Engagement
ACTION: Move to Waive Bidding Requirements Per FVMC 2.36.070(2) and Approve a Contract with City Net for Fountain Valley Street Outreach and Engagement MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

CLOSED SESSION
CALL TO ORDER 5:03 p.m.

PUBLIC COMMENTS (Closed Session matters only)
There were no public comments

 PUBLIC EMPLOYEE APPOINTMENT
Title: Interim City Manager and City Manager
No Reportable Action

ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL
Mayor Harper adjourned the special meeting at 7:46 pm to the next Meeting of the Fountain Valley City Council on March 1, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:30 p.m.

Study Session Immediately Following Closed Session
Regular Meeting 6:00 p.m.

Tuesday, March 1, 2022
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:30 p.m.

PUBLIC COMMENTS (Closed Session matters only)
 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6.

Agency Designated Representatives: City Manager, Rob Houston; Finance Director, Jennifer Lampman; Budget Manager, Shannon Espinoza; Human Resources Director, Carrie Hanes; Principal Human Resources Analyst, Tania Knauerhaze; Attorney for the City, Colin Burns.

Employee Organizations: Police Officers' Association (POA), Police Officers' Management Unit (POMU), Fountain Valley Firefighters Association (FVFA), Individually Represented Battalion Chiefs (BCs)
No reportable action
 PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
No reportable action

STUDY SESSION
CALL TO ORDER 5:05 p.m.

PUBLIC COMMENTS (Study Session matters only)
None
 Presentation on Unfunded Actuarial Liabilities – Presentation by Jennifer Lampman, Finance Director

Finance Director Jennifer Lampman and the city consultant presented the status of the city’s current position on unfunded actuarial liabilities.
 Presentation of FV Crossing Branding and Signage Concepts – Presentation by Maggie Le, Deputy City Manager
Deputy City Manager Maggie Le presented FV Crossing Branding and Signage Concepts to the City Council for their consideration.

OPEN SESSION
CALL TO ORDER 6:01 p.m.

INVOCATION Mayor Patrick Harper
SALUTE TO THE FLAG Council member Glenn Grandis

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Grandis, Vo, Mayor Pro Tem/Vice Chair Constantine, Mayor/Chair Harper All members were present

CITY MANAGER / MAYOR UPDATES
City Manager Rob Houston informed the public and the City Council that the new ERP system was up and being tested by staff and that the contract with City Net had just started for their community outreach and engagement.

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
There were no announcements

PRESENTATIONS
Certificate of Appreciation presentation to Rob Houston, City Manager. Mayor Harper presented City Manager Rob Houston with a Certificate of Appreciation for all of his hard work. Each council member thanked Rob for his work and dedication to the city and wished him luck as the new City Manager for the City of Orange.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Larry Crandall

CONSENT CALENDAR
Consent Calendar Items 1 – 2 were approved simultaneously.

1. Receive and File the Draft Minutes of the February 15, 2022 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the February 15, 2022 Regular City Council Meeting
MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

2. 2021 Annual State Housing Element Progress Report
ACTION: Move to approve the 2021 Annual State Housing Element Progress Report MOTION: Grandis SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

3. Item 3 pulled by Council member Ted Bui
Accept a Fee Proposal from Interwest not to exceed $80,000 for Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount.

ACTION: Move to Accept a Fee Proposal from Interwest not to exceed $80,000 for Engineering Plan Check and Encroachment Permit Review Services and Direct Staff to Issue a Purchase Order for the Amount.

MOTION: Bui SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS

4. Determination of Public Convenience or Necessity for the Issuance of a Type 20 OffSale Beer and Wine Liquor License for Thanh Long Supermarket located at 16112 Harbor Boulevard
Public hearing Opened: 6:57 p.m.

No Public Comments
Public Hearing Closed at 6:57 p.m.

ACTION: Move to approve as amended the Determination of Public Convenience or Necessity for the Issuance of a Type 20 Off-Sale Beer and Wine Liquor License for Thanh Long Supermarket located at 16112 Harbor Boulevard MOTION: Constantine SECOND: Bui
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

5. Approve the Introduction and First Reading of an Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383
Public hearing Opened: 7:07p.m.

William, Amy Middlebrooks
Public Hearing Closed at 7:10 p.m.

ACTION: Move to approve the Introduction and First Reading of an Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383
MOTION: Vo SECOND: Grandis
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

6. Discussion of Enhanced Noticing of Development Projects The City Council provided direction to have additional noticing provided through PCTA and maintain the 500 foot radius for mailing notices.

7. Item 7 was heard out of order, before the consent calendar Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures
ACTION: Move to approve the Report from the Measure HH Essential City Services Advisory Oversight Committee on FY2020/21 Audited Measure HH Revenues and Expenditures
MOTION: Vo SECOND: Constantine
AYES: Bui, Grandis, Vo, Constantine, Harper
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Grandis requested that the city look into the Orange County Power Authority and how it is working for other cities. The request was seconded by Mayor Pro Tem Constantine.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
February 16 Attended the Recreation Center Ribbon Cutting February 18 Attended the City update with Chief Matt Sheppard February 24 Attended the Mayors Breakfast
February 26 Attended the Garden Grove Pony Baseball Opening Day Council Member Vo
February 16 Attended the Recreation Center Ribbon Cutting February 23 Attended the Special City Council Meeting
February 24 Attended the Mayors Breakfast

Council Member Grandis
February 16 Attended the Recreation Center Ribbon Cutting February 17 Attended the Community Foundation Board Meeting and the Elected Officials roundtable
February 18 Attended the Fountain Valley Connect Breakfast and the Orange County Realtors redistricting meeting
February 22 Attended the Boys and Girls Club of Huntington Valley Board of Directors meeting.

February 23 Attended the Special City Council Meeting
February 24 Attended the Mayor’s Breakfast and the FVRH Board Meeting March 1 Attended the Legislative Committee Meeting
Mayor Pro Tem Constantine
February 16 Participated in the OC Vector Control SIT (Sterile Insect Technique) Workshop for new trustees via Zoom, then attended the Recreation Center Ribbon Cutting / Grand Opening.

February 17 I viewed the California League of Cities OC Division General Membership Meeting on Zoom, the participated in the OC Vector Control Meeting via Zoom, the Green Valley Community Annual Meeting of Members in the Green Valley Family Clubhouse, then participated in the Responding to Hate Roundtable Discussion with Elected Officials on Zoom.

February 18 Attended the FV Chamber of Commerce Breakfast at the Ayres Hotel.

February 19 Participated in the FVPD Catalytic Converter Etching event at FV Tire and Auto.

February 22 Attended the Green Valley Community Ballot Count for the Board of Directors in the Family Clubhouse.

February 23 Participated in the Special City Council Meeting at City Hall (Closed Session).

February 24 Attended the FV Mayor’s Breakfast at the Recreation Center, then the FV Republican Assembly Meeting at IHOP in Huntington Beach.

February 25 Attended the FV Girls Fastpitch Softball League Opening Ceremony at Mile Square Park.

February 26 Watched part 2 of the Brookhurst Street Bridge demolition.

March 1 Watched the OC Board of Supervisors Meeting live on their website, the viewed the County of Orange Press Conference on Facebook Live regarding Be Well OC and a Covid-19 update.

Mayor Harper
February 16 Attended the Recreation Center Ribbon Cutting February 18 Attended the Fountain Valley Connect Breakfast February 22 Attended the OCTA Board Meeting
February 23 Attended the OCTA Finance Committee Meeting February 24 Attended the Mayor’s Breakfast
February 28 Attended the OCTA Board Meeting

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Mayor Harper adjourned the meeting at 7:43 pm to the next Meeting of the Fountain Valley City Council on March 15, 2022 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Patrick Harper, Mayor
Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 15, 2022
Members of the City Council
SUBJECT: Second Reading and Adoption of an Ordinance of the City Council of the City of Fountain Valley Amending Chapter 6.08 of the Fountain Valley Municipal Code to Include Organic Waste Reduction and Recycling Requirements of Senate Bill (SB) 1383
EXECUTIVE SUMMARY:

At the Council meeting on March 1, 2022, the City Council approved the motion to introduce the ordinance to amend the Solid Waste municipal code Chapter 6.08 to include the organic waste recycling requirements of Senate Bill 1383 (SB 1383).

The ordinance is now presented to the City Council for a second reading and adoption.

DISCUSSION:

On September 15, 2020 and April 6, 2021 presentations were provided to City Council on Senate Bill 1383 (SB 1383). SB 1383 was signed into law to reduce landfill-generated greenhouse gases by reducing the disposal of organic waste, increasing edible food recovery, and requiring businesses and residents to recycle food waste. This new organic waste diversion and recycling program is required to be implemented by an enforceable ordinance. The amendment to Chapter 6.08 (attached) will allow the City to administer the following program components to be in compliance with the law:
 Provide organic waste recycling service to all residents and businesses  Administer a waiver program for exempt businesses
 Ensure regulated businesses have an edible food recovery program  Ability to conduct inspections and investigations at businesses and residents  Have an enforcement mechanism for non-compliant businesses and residents

Council Action Request
Amendment to Solid Waste Municipal Code Chapter 6.08
March 15, 2022

The new language in proposed municipal code is in red text and adds the following sections:
 6.08.200 Single-Family Organic Waste Generators
 6.08.210 Commercial Organic Waste Generators
 6.08.220 Waivers for Generators
 6.08.230 Requirements for Commercial Edible Food Generators  6.08.240 Requirements for Food Recovery Organizations and Services, Jurisdictions and Regional Agencies
 6.08.250 Requirements for Haulers and Facility Operators  6.08.260 Self-Hauler Requirements
 6.08.270 Inspections and Investigations by Jurisdiction  6.08.280 Enforcement
Implementation Efforts
City Staff and Michael Balliet Consulting regularly met with Republic Services to negotiate contract items, rates, and franchise agreement language. We continue to work toward amicable solutions that will maintain compliance and will be a benefit to our residential and commercial customers.

FINANCIAL ANALYSIS:

There is no fiscal impact to the City from the recommended action. City Staff is currently negotiating rates and program components for SB 1383 with Republic Services. At a future council meeting, there will be a Proposition 218 notice presented to City Council to consider a rate increase in compliance with the provisions of the law.

ATTORNEY REVIEW:

The Attorney for the City has reviewed and approved the amendment to Chapter 6.08.

ALTERNATIVES:

Alternative No. 1: Conduct a second reading and adopt the ordinance to amend Chapter 6.08 – Solid Waste Management to include the
requirements of SB 1383.

This is the recommended alternative as it will align the City’s municipal code with SB 1383.

Alternative No. 2: Do not conduct a second reading to adopt the ordinance to amend Chapter 6.08 – Solid Waste Management to include the

Council Action Request
Amendment to Solid Waste Municipal Code Chapter 6.08
March 15, 2022

requirements of SB 1383 and direct staff to return with revised language to be presented at a future City Council meeting.

Alternative No. 3: Do not conduct a second reading to adopt the ordinance to amend Chapter 6.08 – Solid Waste Management to include the
requirements of SB 1383.

This is not recommended as the City’s municipal code would not align with the SB 1383 and will place the City in non-compliance with state required organic waste diversion and recycling requirements.

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1, which is to conduct a second reading to adopt the ordinance to amend Chapter 6.08 – Solid Waste Management to include the requirements of SB 1383.

Prepared by: Loriana Hornik, Environmental Services Administrator Approved by: Hye Jin Lee, Director of Public Works
Fiscal Review by: Jennifer Lampman, Finance Director/Treasurer Approved by: Rob Houston, City Manager
Attachments:

1. Amended Municipal Code

2. Notice of Public Hearing

3. Affidavit of Publication (published on February 16, 2022 on Orange County Register)

ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY

AMENDING THE FOUNTAIN VALLEY MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF THE SENATE BILL 1383 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION).

WHEREAS, the City Council has adopted a Municipal Code that sets forth its regulations for solid waste collection; and
WHEREAS, SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, required Cal Recycle to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, SB 1383 requires jurisdictions to adopt an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and WHEREAS, the City Council does hereby desire to amend its Municipal Code to make changes in that Code to make it consistent with the new state law and regulations.

NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:

Section 1. That Chapter 6.08 of the Fountain Valley Municipal Code is repealed and reenacted as follows:

Chapter 6.08 SOLID WASTE

6.08.010 Purpose.

The purpose of this chapter is to provide for the collection and disposition of solid waste within the city in compliance with all laws and to facilitate the recycling of materials and otherwise reduce waste going to the landfills. (Ord. 1397 § 1, 2007)

6.08.020 Definitions.

The following definitions shall apply to this chapter:
(a) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (b) “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). (c) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (d) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multifamily Residential Dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance.
(e) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 6.08.020(rrr) and

6.08.020(sss) of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(f) “Compliance Review” means a review of records by the Jurisdiction to determine compliance with this ordinance.
(g) “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). (h) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which states, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

(i) “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(j) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(k) “C&D” means construction and demolition debris.
(l) “Designated Source Separated Organic Waste Facility”, as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a) (26.6) and complies with one of the following:
(1) The facility is a “transfer/processor,” as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream. (A) If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility”.
(2) The facility is a “composting operation” or “composting facility” as defined in 14 CCR Section 18815.2(a)(13), that pursuant to the reports submitted under 14 CCR Section 18815.7 demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5. (A) If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a “Designated Source Separated Organic Waste Facility.” For the purposes of this ordinance, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49).

(m) “Designee” means an entity the Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(n) “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Enforcement Action" means an action of the Jurisdiction to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(p) “Excluded Waste” means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the Jurisdiction and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdiction’s, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (q) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(s) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(t) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other

entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

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

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
(u) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (v) “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(w) “Food Service Provider” means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(x) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(y) “Food Waste” means Food Scraps, Food-Soiled Paper, and Compostable Plastics. (z) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (aa) “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR

Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a) (6.5).
(bb) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(cc) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(dd) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a) (31.5).
(ee) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed Waste Organic Collection Stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(ff) “Inspection” means a site visit where a Jurisdiction reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
(gg) “Jurisdiction” means the City of Fountain Valley.
(hh) “Jurisdiction Enforcement Official” means the city manager, or his/her authorized Designee(s) who is/are partially or wholly responsible for enforcing this Chapter. (ii) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
(jj) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of

operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
(kk) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (ll) “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a) (11.5).
(mm) “Multi-Family Commercial 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. This definition is a subset of “Commercial Business”.
(mm) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with two (2) to four (4) dwelling units. Such Multi-Family premises are not considered Commercial Businesses with respect to SB 1383 compliance.
(nn) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(oo) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(pp) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the Jurisdiction, including the Orange County Water District, Orange County Sanitation District, and Municipal Water District of Orange County.

(2) Public universities (including community colleges) located within the boundaries of the Jurisdiction, including Coastline Community College. (3) Local school district(s) located within the boundaries of the Jurisdiction, including the Huntington Beach Union High School District, Fountain Valley Unified School District, Ocean View School District and Garden Grove Unified School District.
(qq) “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(rr) “Notice of Violation (NOV)” means a notice that a violation has occurred, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(ss) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (tt) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(uu) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (x) “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(ww) “Prohibited Container Contaminants”
(1) Three-container or three-plus-container collection service (Blue Container, Green Container, and Gray Containers): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that

are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(2) Two-container (green/gray) collection service for Source Separated Green Container Organic Waste and mixed materials): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Green Container Organic Waste, which are to be separately collected in Jurisdiction’s Green Container; and, (iii) Excluded Waste placed in any container.
(3) Two-container (blue/gray) collection service for Source Separated Recyclable Materials and mixed materials): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for Jurisdiction’s Blue Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in Jurisdiction’s Blue Container; and, (iii) Excluded Waste placed in any container.
(xx) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (yy) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (zz) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(aaa) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
(bbb) “Regional or County Agency Enforcement Official” means a regional or county agency enforcement official, with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official. (ccc) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

(ddd) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(eee) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(fff) “Route Review” means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(ggg) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(hhh) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(iii) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(jjj) “Single-Family” means of, from, or pertaining to residential premises consisting of a single unit.
(kkk) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and

semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(lll) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. (mmm) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a) (18.7). (nnn) “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.
(ooo) “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. (ppp) “State” means the State of California.

(qqq) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(rrr) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.

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

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
(ttt) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front

of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(uuu) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

6.08.030 Franchise or agreement.
(a) The city may award a contract or a partial or full franchise to a collection company to provide waste collection services within the city.
(b) Any person desiring to obtain a franchise or contract to remove or convey any garbage or rubbish from a container within the city to a waste disposal or transfer station in the county utilizing any public street, alley or highway or other public place within the city shall first file an application with the city clerk stating his or her name and address and the conditions under which he or she intends to perform said services under a contract or franchise for the city.
(c) If the city has exercised its option to award an exclusive franchise for solid waste collection pursuant to Public Resources Code Section 40059, no person other than the franchisee or its officers, agents, and employees, shall engage in such activity within the city limits during the term of that exclusive franchise. (Ord. 1397 § 1, 2007)

6.08.040 Waste diversion.

The city and the city’s contractor or franchisee shall ensure that the city meets all state requirements for diversion of waste from landfill disposal. The city shall encourage source reduction and recycling and other ways to divert waste from the landfills in ways that benefit the environment. This includes revised organic processing to reduce pollutants. (Ord. 1397 § 1, 2007)

6.08.050 Flow control.

The city shall maintain waste flow control and shall retain the authority to direct the disposition of refuse. The conditions under which such power is exercised may be set forth in the city’s contract or franchise agreement for collection services. (Ord. 1397 § 1, 2007)

6.08.060 Ownership of material.

The city and its duly authorized contractor or franchisee shall own all material once it is deposited into receptacles for collection. Before such materials are deposited in those

receptacles for collection, the owner may dispose of those materials in any lawful manner, including self-hauling waste to an appropriate landfill or other appropriate facility, or selling or donating recyclable material. Once the material is placed in a residential refuse or recycling container at curbside or in a commercial dumpster, title to the material passes to the city or its duly authorized contractor or franchisee. (Ord. 1496 § 1, 2014)

6.08.070 Scavenging prohibited.
(a) Prohibition. Scavenging is prohibited. No person shall remove any item, including, but not limited to, newsprint, cardboard, bottles, cans, or metal, that has been placed in any recycling or refuse bin, container, cart, trashcan, or dumpster. (b) Affirmative Defense. This section shall not apply to:
(1) City’s duly authorized trash contractor or franchisee; or (2) Persons removing items from a bin, container, cart, trashcan, or dumpster that is located at their residence, place of business, or place of employment. (Ord. 1496 § 2, 2014; Ord. 1397 § 1, 2007)

6.08.080 Responsibility for providing containers.

The authorized contractor or franchisee shall provide every single-family dwelling unit or units with one ninety-five-gallon cart for collection of non-organic waste, one ninetyfive-gallon cart for the collection of organic material, and one ninety-five-gallon cart for collection of recyclable material. The authorized contractor or franchisee may provide one sixty-five-gallon cart for collection of non-organic waste and one sixty-five-gallon cart for the collection of organic waste material and one sixty-five-gallon cart for collection of recyclable waste, or one sixty-five-gallon cart for collection of no-organic waste for customers with inadequate storage for the standard three ninety-five-gallon carts allocation. The authorized contractor or franchisee shall repair or replace damaged carts within three days of notification of such damage by resident or city. Carts damaged through misuse by the resident will be repaired or replaced by the contractor or franchisee and the resident charged the cost for the repair or replacement of the cart. (Ord. 1397 § 1, 2007)

6.08.090 Non- Organic, organic and recyclable material cart requirements. (a) All non-organic waste, organic and recyclable material set out for collection at curbside shall be placed in containers that satisfy the following requirements:
(1) Carts shall not exceed ninety-five gallons in capacity; (2) Carts shall be constructed of plastic or similar watertight material; (3) Carts shall be equipped with fixed handles located below the top edge of the cart that are large enough to accommodate a gloved hand;
(4) Carts shall have a watertight cover that is attached to the cart; (5) Carts shall have two wheels at their base;

(6) Carts shall be supplied by the city’s franchisee and shall be standardized as approved by the city;
(7) Lids of containers shall be closed for sanitary and odor purposes and to prevent varmint, vermin and bird access and insect and pest breeding. (b) No person shall place any container or cart with non-organic waste, organic, or recyclable material on public property for collection unless the cart fully complies with subsection (a) of this section. No refuse will be collected from the curbside unless the refuse is placed in carts that comply with subsection (a) of this section. (Ord. 1397 § 1, 2007)

6.08.100 Commercial refuse bin requirements.

Any multi-family commercial or multi-family residential property, which utilizes commercial refuse bins for the storage of garbage or refuse, shall utilize a bin with a lid or cover sufficient to prevent: (1) odor from escaping the container; (2) flies and other insects from coming into contact with the contents of the container; (3) the contents from leaving the interior of the container; and (4) rain or water from entering the interior of the container. It shall be the responsibility of the owner of the premises to ensure that lids are completely closed, and bins are not overfilled. Further, any multi-residential complex or business utilizing any commercial refuse bins shall ensure that the garbage and refuse accumulated in the bins is picked up and disposed of at least once per week and shall maintain each bin and bin enclosure in a clean and sanitary manner. (Ord. 1397 § 1, 2007)

6.08.110 Contents of carts.

Persons disposing of their solid waste shall place the same as follows:
(1) Recyclable materials shall only be deposited in the blue recyclable container. (2) Organic and other organic waste shall only be placed in the organic container. (3) Solid waste that is not recyclable material or green waste, and that is not prohibited material, shall be placed in the non-organic gray container. (4) Persons shall not place their solid waste in containers except as provided herein. (Ord. 1397 § 1, 2007)

6.08.120 Prohibited materials.
(a) No person shall set out for collection any of the following materials:
(1) Ammunition or explosives;
(2) Industrial wastes, caustic or hazardous chemicals or acids; (3) Pathological, biomedical, toxic or radioactive waste; (4) Drugs or medicines;
(5) Human feces, unwrapped animal feces or dead animals;

(6) Liquids, paints, or any substance the disposal of which is regulated by the Hazardous Substances Act, or regulations adopted pursuant thereto; (7) Any material, the disposal of which is prohibited within county landfills, including, but not limited to, items longer than four feet in length or items more than eighteen inches in diameter;
(8) Lube oils;
(9) Items which are too large for, or which may damage, the collection equipment or machinery such as large pieces of metal, machine parts, logs and tree stumps; (10) Hypodermic needles unless broken and placed within a plastic container which cannot be pierced by the needle.
(b) Sod, building scraps, bricks, concrete and other building or construction material may be refused at the discretion of the collector. (Ord. 1397 § 1, 2007)

6.08.130 Accumulation limitation.

No person who owns, controls, or occupies any premises shall permit solid waste to accumulate for a period in excess of one calendar week, or refuse or cuttings to accumulate for a period of fifteen days, or fail, refuse or neglect to place such solid waste and such refuse and cuttings for collection in accordance with schedules established therefor, the provisions of this chapter, and rules and regulations established pursuant thereto. (Ord. 1397 § 1, 2007)

6.08.140 Storage and placement of carts for collection. (a) Carts shall be stored in a garage, trash enclosure, or in the side yard and away from public view except when the containers are placed out for collection. (b) Placement for Collection.
(1) Carts shall be placed for collection in a location easily accessible to the refuse collector in the street adjacent to the curb.
(2) If refuse is collected from an alley abutting the premises, carts shall be placed for collection as close to the alley property line as feasible and on private property. (3) Carts shall not be considered placed for collection and garbage, refuse and cuttings will not be collected unless containers are removed from any enclosure, structure, cabinet, or shelf.
(4) Carts shall be placed for collection before six a.m. on collection days, but not earlier than six p.m. the day preceding the collection day, and containers shall be relocated to their required storage place as soon as possible after collection, but no later than nine p.m. of the day of collection.
(c) The owner and tenant are each responsible for the placement of carts provided. (d) No person shall store or place carts in violation of this section. (Ord. 1397 § 1, 2007)

6.08.150 Standards for collections.
(a) Equipment used by the contractor for collection and hauling of garbage and trash shall be such as to assure, in the opinion of the city manager, that adequate standards of collection will be maintained. It is the declared interest of the city that the contractor be able to provide a wide variety of containers to meet the capacity requirements of commercial, industrial and multiple residential users. Equipment used shall be watertight.

Complete metal operating covers must be a part of the design of equipment employed.

No material shall be permitted to leak, fall or be spilled onto city streets, alleys or highways. Any such leakage or spills occurring shall be immediately corrected and the area cleaned. Equipment used must employ adequate safety conditions for operating personnel and the public and must be maintained in good mechanical condition. (b) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the contractor who are unnecessarily noisy or who violate the provisions of the California Vehicle Code and/or any applicable city ordinance in the collection of such materials shall be barred from the performance of any duties on city streets and rights-of-way upon demand of the city manager. (c) Collections shall only be made between the hours of six-thirty a.m. and six-thirty p.m. unless the permission of the city manager is obtained. (Ord. 1397 § 1, 2007)

6.08.160 Burial prohibited.

No person shall bury refuse. (Ord. 1397 § 1, 2007)

6.08.170 Burning prohibited.

No person shall burn refuse. (Ord. 1397 § 1, 2007)

6.08.180 Residential charges.

The city may impose charges for refuse collection for residential properties by resolution or ordinance. The city may collect such charges with the water bill or in any other manner that the city council may determine and thereafter pay to the city’s contract or franchisee collector such amounts as may be due. (Ord. 1397 § 1, 2007)

6.08.190 Violations.

Violations of this chapter shall be punishable as provided in Chapter 1.16. (Ord. 1397 § 1, 2007)

6.08.200 Single-Family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 6.08.260 of this Chapter:
(a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic Waste generated as described below. Jurisdiction shall have the right to review the number and size 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, Single-Family generators shall adjust their service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the Jurisdiction’s Organic Waste collection service(s) by placing designated materials in designated containers as described below and shall not place Prohibited Container Contaminants in collection containers. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

6.08.210 Commercial Organic Waste Generators
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction’s three container collection services and comply with requirements of those services as described below, except Commercial Businesses that meet the Self-Hauler
requirements in Section 6.08.260 of this ordinance. Jurisdiction shall have the right to review the number and size 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 Businesses shall adjust their service level for their collection services as requested by the Jurisdiction.

(b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 6.08.260 of this ordinance, participate in the Jurisdiction’s Organic Waste collection service(s) by placing designated materials in designated containers as described below. (c) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container.
(d) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 6.08.210(d)(1) and 6.08.210(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260.
(e) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(f) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 6.08.210(d) pursuant to 14 CCR Section 18984.9(b).

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 Jurisdiction’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 6.08.260. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green 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 Jurisdiction or its agent to their properties during all Inspections conducted in accordance with Section 6.08.270 of this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section 6.08.210. The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.
(l) At Commercial Business’s option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee.

(m) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 6.08.260 of this ordinance.
(n) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section

6.08.230.

6.08.220 WAIVERS FOR GENERATORS
(a) The City may grant waivers to the requirements as may be authorized by SB 1383 Regulations.
(b) De Minimis Waivers. A Jurisdiction may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 6.08.220(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 6.08.220(b)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
(B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
(3) Notify Jurisdiction if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every 5 years if Jurisdiction has approved de minimis waiver.
(c) Physical Space Waivers Jurisdiction may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6.08.210.

A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.

6.08.230 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow Jurisdiction’s designated enforcement entity 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).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or selfhauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than March 1st of each year commencing no later than March 1, 2023 for Tier One Commercial Edible Food Generators and March 1, 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Jurisdiction that includes the following information:
(a) Proof that contracts or written agreements are in place. (b) Amount of edible food donated in pounds.
(c) Facilities and/or organizations that received donated edible food. (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on

September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

6.08.240 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service Transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
(d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14

CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1st of each year, commencing in 2023.
(e) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction.

6.08.250 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (a) Requirements for Haulers
(1) The exclusive franchise hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before December 1st of the preceding year, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that

complies with 14 CCR Section 18989.1 and municipal code Section

21.20.050
(2) The exclusive franchise hauler with authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Jurisdiction. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon Jurisdiction request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the Jurisdiction shall respond within 60 days. (2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.

6.08.260 SELF-HAULER REQUIREMENTS
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from 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. (b) 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, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each

Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 6.08.260(c) to Jurisdiction if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 6.08.260(c) and (d).

6.08.270 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION (a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 6.08.210 (b) of this ordinance, Jurisdiction may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 6.08.210 (k)of this ordinance.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and

operation of Remote Monitoring equipment (optional); or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction during its Inspections, 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) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

6.08.280 ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and shall be punishable as provided in Chapter 1.16..

Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the city manager or his/her designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official.

(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Jurisdiction Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 6.08.270 establishes Jurisdiction’s right to conduct Inspections and investigations.
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For Jurisdictions assessing contamination processing fees/penalties. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ten (10) days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the Jurisdiction may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 6.08.280(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of Violations

The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter.
(5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator.
(g) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6.08.280 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction determines that Organic Waste Generator, SelfHauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024
(j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 6.08.280, as needed.

SECTION 2:

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

SECTION 3:

The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this day of , 2022.

ATTEST
City Clerk, Rick Miller Mayor, Patrick Harper
APPROVED AS TO FORM:

HARPER & BURNS LLP
Attorneys for the City

NOTICE OF PUBLIC HEARING BEFORE THE

FOUNTAIN VALLEY CITY COUNCIL
NOTICE IS HEARBY GIVENthat on Tuesday March 1, 2022 at 6:00 p.m. in the City Council Chamber Building, 10200 Slater Ave. Fountain Valley, California, the Fountain Valley City Council will consider the following item:

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY AMENDING CHAPTER

6.08 OF THE FOUNTAIN VALLEY MUNICIPAL CODE TO INCLUDE ORGANIC WASTE REDUCTION AND RECYCLING REQUIREMENTS OF SENATE BILL (SB) 1383.

All interested persons are invited to attend the City Council Meeting and be heard at the time and place specified above. Please call the City Clerk at 714-593-4445 for information.

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 15, 2022
Members of the City Council
SUBJECT: APPROVAL OF A RESOLUTION OF THE CITY OF FOUNTAIN VALLEY IMPLEMENTING PREFERENTIAL PERMIT PARKING FOR EASTER.

CINCO DE MAYO, MOTHER’S DAY, MEMORIAL DAY, INDEPENDENCE DAY AND LABOR DAY FOR 2022
EXECUTIVE SUMMARY:

The County of Orange Mile Square Park in Fountain Valley and Centennial Park in Santa Ana have the potential of large crowds for the following holidays:

April 17 Easter
May 5 Cinco de Mayo
May 8 Mother’s Day
May 30 Memorial Day
July 4 Independence Day
September 5 Labor Day
Staff has been working with the County regarding parking and traffic issues. Due to the potential parking impact to the surrounding neighborhoods, Staff recommends that Council authorize a Preferential Permit Parking Resolution for neighborhoods adjacent to Mile Square Park and Fountain Valley residences within close proximity to Centennial Park (map attachments A1-A6) for the dates listed above.

DISCUSSION:

Depending on the event location, the City historically implements a Preferential Permit Parking system in neighborhoods closest to the Recreation Center and/or Mile Square Park. In recent years, it has also become necessary to provide Preferential Permit Parking for the Fountain Valley neighborhood closest to Centennial Park. The City has implemented Preferential Permit Parking on major holidays due to large crowds at both parks at the request of the residents in these neighborhoods. Such large crowds would overwhelm available residential parking if not restricted. Staff recommends Council approve a Resolution and direct Staff to implement Preferential Permit Parking for the above dates.

Council Action Request

PREFERENTIAL PARKING PERMIT
March 15, 2022

The Police Department will distribute Preferential Permit Parking decals that are valid indefinitely. Residents are instructed to apply the decals in the lower left rear window of their vehicle. Additional parking decals are available at the Police Department upon request and proof of residency. Guest passes, which can also be obtained from the Police Department upon request by a resident, are to be clearly displayed on the dash of the guest’s vehicle.

FINANCIAL ANALYSIS:

There is a minimal financial impact estimated to be less than $500. The implementation of the Preferential Parking Resolution involves two Public Works personnel posting “Parking by Permit Only” signs and placing barricades in advance in the affected areas.

The Public Works personnel will be performing their duties during normal duty hours.

Police Services Officers and Police Cadets will distribute flyers and parking permits to the residential areas in advance. The Police Department will provide parking decals to those residents who have not already received them in previous years. The cost for each decal is $3, and the Police Department has a sufficient supply in stock for the coming year.

Additional visitor parking permits will be available at the Police Department by those residents who need them, free of charge.

LEGAL REVIEW:

The Attorney for the City has reviewed this report and resolution and concurs.

PUBLIC NOTIFICATION:

This item was noticed publicly as an agenda item for action in accordance with the rules and regulations regarding noticing of public meetings and agendized items and topics for discussion and/or action by the City Council.

Police Services Officers and Police Cadets will distribute a notification letter to the affected residents the week prior to the first holiday.

ALTERNATIVES:

Alternative No. 1: Approve the Preferential Permit Parking Resolution and direct Staff to implement Preferential Permit Parking for April 17, May 5, May 8, May 30, July 4, and September 5, 2022.

Alternative No. 2: Do not approve the Preferential Permit Parking Resolution and direct Staff not to implement Preferential Permit Parking for April 17, May 5, May 8, May 30, July 4, and September 5, 2022.

Council Action Request

PREFERENTIAL PARKING PERMIT
March 15, 2022

RECOMMENDATION:

Staff recommends Alternative No. 1: Approve the Preferential Permit Parking Resolution and direct Staff to implement Preferential Permit Parking for April 17, May 5, May 8, May 30, July 4, and September 5, 2022.

Prepared by: Kham Vang, Lieutenant
Approved by: Matthew L. Sheppard, Chief of Police
Fiscal Review by: Jennifer Lampman, Finance Director
Legal Review by: Alexandra Halfman, Attorneys for the City Approved by: Rob Houston, City Manager/Executive Director

RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY IMPLEMENTING THE CITY’S DESIGNATED

PARKING SYSTEM DESIGNATING THE AREA SUBJECT TO

THOSE RESTRICTIONS AND SPECIFYING THE DATES AND
TIMES IT WILL BE IN EFFECT.

WHEREAS, the City Council has, pursuant to Section 10.44.079 of the Fountain Valley Municipal Code, established a codified Preferential Permit Parking system that authorizes it to designate the area and dates subject to those restrictions by Resolution; and WHEREAS, Easter (April 17), Cinco de Mayo (May 5), Mother’s Day (May 8), Memorial Day (May 30), Independence Day (July 4) and Labor Day (September 5) holidays in the year 2022, are upcoming events that will require the implementation of Preferential Permit Parking for the public’s health, safety, convenience and welfare.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the Preferential Permit Parking system set forth in Fountain Valley Municipal Code Section 10.44.079 shall be in effect on April 17, May 5, May 8, May 30, July 4, and September 5, in the areas outlined in Exhibits A1-A6.

2. That the Chief of Police shall issue permits to those merchants and residents requiring Preferential Permit Parking, and the Chief of Police or City Traffic Engineer shall post the areas specified in the attached exhibits to allow adequate notice of the restrictions.

Passed and adopted by the City Council of the City of Fountain Valley this 15th day of March, 2022.

ATTEST: __________________________
MAYOR
_________________________________
City Clerk
APPROVED AS TO FORM:
__________________________________
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 15, 2022
Members of the City Council
SUBJECT: Approve an Employment Contract for the Interim City Manager, Raul Godinez II, as a Retired Annuitant
EXECUTIVE SUMMARY:

City Council to approve an employment agreement with Raul Godinez II, as the Interim City Manager. Mr. Godinez is a retired City Manager for the City of Santa Ana and previously, the City Manager for the City of El Monte, Public Works Director for City of Lynwood, City of Santa Ana, and City of Oakland. Mr. Godinez, II will serve as the Interim City Manager through the duration of the vacancy while the City completes recruitment and selection of a permanent City Manager. The appointment will not exceed 960 hours within a fiscal year, compensated at an hourly rate of $121.95, which is within the pay range for the full-time classification of City Manager. The salary range for this classification listed on the City’s Salary Schedule and made publically available on the City’s website. The interim appointment is not eligible for any other forms of pay, benefits or leave accruals while serving in a retired annuitant appointment.

Due to the Public Employees’ Pension Reform Act of 2013 (PEPRA, Assembly Bill 340), Senate Bill 1021 & Senate Bill 13 established new requirements for post-retirement employment of CalPERS retirees. Effective January 1, 2013, eligible retirees hired into retired annuitant interim positions approved by the governing body of the employer, as authorized by Government Code sections 7522.56 and 21221(h) during an active recruitment for a permanent replacement for the vacant position. Mr. Godinez has met the requirements under the above government codes and has bona fide separation in service of 180-day wait period or more.

DISCUSSION:

The City’s former City Manager, Rob Houston vacated the position on March 10, 2022 to become the City Manager for the City of Orange. The City currently has an active recruitment open to find a permanent replacement to fill the City Manager role. The City Council has a desire to maintain continuity in the City by appointing an Interim City Manager necessary to fill a critically needed position until a permanent replacement is appointed. The term of the agreement is effective as of March 16, 2022 and shall remain

City Council Request
Approve Employment Contract for the Interim City Manager Raul Godinez II, as a Retired Annuitant
March 15, 2022

and continue in effect until and including March 16, 2023, or until the successful hiring of a permanent City Manager, whichever occurs first.

FINANCIAL ANALYSIS:

The Retired Annuitant Interim City Manager can work up to a maximum of 960 hours per fiscal year. Mr. Godinez II has 960 hours remaining this fiscal year that he is able to work for the remainder of this fiscal year and next fiscal year should the City need, or until a permanent replacement is appointed. Funds allocated in Fiscal Year 2021-2022 to the salary and benefits of the full-time City Manager position can be applied to the Interim City Manager position.

ATTORNEY REVIEW:

Attorney for the City has reviewed and approved the agreement (Attachment 1) to form.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Approve the employment contract for the Interim City Manager Raul Godinez II, as a Retired Annuitant.

Do not approve the amended employment contract for Interim City Manager Raul Godinez II, as a Retired Annuitant.

RECOMMENDATION:

City staff is requesting City Council approval of Alternative No.1.

Prepared by: Carrie Hanes, Human Resources Director
Fiscal Review: Jennifer Lampman, Finance Director/Treasurer Approved by: Colin Burns, City Attorney
Attachment 1: Raul Godinez II, Interim City Manager Agreement

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 15, 2022
Members of the City Council
SUBJECT: Approve the Proposed 2022 Legislative Platform EXECUTIVE SUMMARY:

The City Council adopted a revised Legislative Monitoring Program Policy on May 6, 2014, which was originally adopted on May 24, 1999. This policy has served to establish a Legislative Committee to provide a general policy framework for the Committee to analyze and take positions on active legislation, and set forth a general communication guide for ensuring the City Council is informed. To proactively enable City staff to respond to fast moving and quickly changing legislation, the policy also incorporated an annual Legislative Platform. Staff is proposing the adoption of the proposed 2022 Legislative Platform to be responsive on legislation that may impact the City. The Legislative Committee met on March 1, 2022 and is recommending the approval of the proposed 2022 Legislative Platform.

DISCUSSION:

The current Legislative Monitoring Program Policy, adopted by the City Council on May 6, 2014, was established to improve the City’s response to active legislation that concerned specific policy areas (see Attachment No. 1). The procedure set forth calls for the annual appointment of two City Council members, by the Mayor, to the Legislative Committee. This Committee consists of Councilmember Glenn Grandis and Michael Vo on an annual basis will recommend a Legislative Platform covering general policies on fiscal, transportation, environmental, liability or risk management, personnel and community development to the City Council for adoption. The adoption of an annual Legislative Platform is a common practice for a legislative body to proactively set forth the policies they wish to support or oppose. Through the adoption of more defined broad policy statements staff would be able to respond faster to quick moving legislation in the Capitol.

The Committee will also meet as needed during the legislative session to discuss active legislation that is not accounted for in the City’s current Legislative Platform. During the meeting staff presents the Committee with the facts and analysis of the active legislation and receives direction from the Committee as to any positions and/or actions to take.

Following that, staff will memorialize the Committee’s direction and if no comments or

City Council Request
Approve the Proposed 2022 Legislative Platform
March 15, 2022

concerns are heard from other City Council Members, appropriate actions such as issuing letters to our legislators will be taken.

The proposed 2022 Legislative Platform (see Attachment No. 2) has been drafted with consideration to legislative policies of the existing Legislative Monitoring Program, the League of California Cities legislative policies, input from all City departments, and input from the City’s Legislative Committee. Any active legislation with policy matter that falls outside of the strict confines of the Legislative Platform will be reviewed on a case by case basis by the Legislative Committee as discussed earlier.

FINANCIAL ANALYSIS
The proposed 2022 Legislative Platform does not contain fiscal impacts. As bills are introduced and the City consider positions, each bill will be analyzed for any fiscal impact it may have. In keeping with the Policy statements of the Legislative Monitoring Program, the City will generally support the protection of our revenues and oppose bills that have potential costs increase.

ATTORNEY REVIEW:

The proposed 2022 Legislative Platform does not contain legal impacts. As bills are introduced and the City consider positions, each bill will be analyzed for their legal impact to the City and the Attorney for the City will be consulted as needed.

ALTERNATIVES:

Alternative No. 1: Approve the proposed 2022 Legislative Platform.

Alternative No. 2: Do not approve the proposed 2022 Legislative Platform and recommend changes to the proposed 2022 Legislative Platform.

Alternative No. 3: Take no action and have the Legislative Committee review all potential legislative items.

RECOMMENDATION:

Staff recommends the City Council approve Alternative No. 1.

Prepared By: Maggie Le, Deputy City Manager
Fiscal Review by: Jennifer Lampman, Finance Director/ Treasurer Approved By: Rob Houston, City Manager
Attachment No. 1: Adopted Legislative Monitoring Program Attachment No. 2: Proposed 2022 Legislative Platform Redline

City Council Request
Approve the Proposed 2022 Legislative Platform
March 15, 2022

Attachment No. 3: Proposed 2022 Legislative Platform Clean

1 CITY OF FOUNTAIN VALLEY
20221 LEGISLATIVE PLATFORM
Administrative and Employment Related
 Support legislation modifying the Fair Labor Standards Act to permit adjustable work schedules to meet the needs of management and labor and to eliminate prospective and retroactive overtime payments.
 Support legislation that strengthens or reinforces management rights to include contracting and contract negotiations.
 Support legislation that reduces the City’s liability exposure.  Support legislation to promoting alternative and electronic posting and noticing of public hearings and meetings, including online posting.  Support legislation that advocates fair and proportionate representation on countywide and regional boards.
 Support legislation to continue the PEPRA system or similar measure. 
 Oppose legislation which would increase employee benefits without system reforms which would offset increased employer costs.
 Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk.  Oppose the imposition of unfunded or inadequately funded state mandates.  Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.

Recreation & Community Services
 Support legislation that provides funding for transportation services especially for senior citizens, local job-training programs especially for youth and young adults.
 Support legislation that promotes health & wellness for children and seniors, when financially feasible.
 Support measures that promote volunteerism.
 Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space at the local, State and Federal levels..
 Support Federal and State funding opportunities that promote health and wellness services and education offered to youth, veterans, low income and senior communities.
 Support Federal and State funding opportunities that promote our ability to provide public access to technology at community facilities.  Support legislation that provides funding for, or otherwise promotes programs to address and increase the level of physical activity among our community’s children.
 Oppose efforts that erode funding for vital regional and community services that negatively impact California’s access to parks, open space, bike lanes, after

2 school programming, senior services, facilities that promote physical activity, protect natural resources and strengthen safety and security.  Oppose legislation limiting Fountain Valley’s ability to address homeless issues.  Oppose all efforts of social service and program realignment where funding has not been fully appropriated.

Environment
 Support measure which increase the water supply or improve water quality within the region.
 Support efforts that encourage the use of energy and water conservation techniques, as long as those measures do not contain unnecessary punitive measures to residents, business owners and local agencies.  Support legislation that would protect consumers and small business owners and end excessive energy and water charges.
 Support Federal and State programs and legislation that encourage the use of commercially viable, new clean energy technology, if such clean technology has proven to be cost efficient.
 Support measures that provide greater local control in meeting the environmental needs of the community (i.e. recycling/reclaiming of natural resources and energy efficiency measures).
 Support efforts designed to reduce or eliminate the spread of graffiti.  Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recycles.
 Support efforts to streamline and improve the California Environmental Quality Act (CEQA) process.
 Support legislation or grant opportunities for local governments that provide funding for development or enhancing alternative fueling stations for vehicles and energy efficiency upgrades to City facilities.
 Oppose legislation that imposes undue hardship on local agencies to implement environmental/air quality regulations.
 Oppose imposition of unreasonable and/or unfunded water testing and treatment requirements.

Housing, Land Use Planning and Community Development
 Support legislation that strengthens the concept of local control with regulatory tools to ensure the City can maintain quality of life over massage establishments, short-term rentals, congregate care facilities or group homes, and medical marijuana dispensaries.
 Support legislation that expands community and economic development tools and funding options for city services.
 Support legislation that supports local businesses and industry, including measures that remove barriers allowing local industries to sell goods and services internationally (i.e., free trade agreements).  Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards.

3  Support legislation that would increase available funding for affordable housing, especially funding for each community to meet the affordability requirement of the RHNA allocation within the eight-year housing element cycle and the express recognition that, absent funding, that the affordable RHNA allocations may be unattainable.
 Support Federal and State financial support for affordable housing for lowincome elderly and disabled individuals.  Support legislation that would eliminate the prevailing wage requirement on affordable housing.
 Support legislation that would eliminate the prevailing wage requirement on affordable housing.
 Support legislation that would provide additional resources, including adequate funding, to local agencies to address regional growth issues such as air quality, water quality, air pollution, ocean water quality, transportation corridors, and homelessness.
 Support efforts the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, the regulatory authority over zoning, subdivisions, annexations, and redevelopment areas.  Support legislation that would give the City increased control over congregate care facilities, such as group homes.
 Oppose any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
 Oppose legislation that preempts local government’s ability to regulate and exercise its enforcement powers.
 Oppose additional housing mandates without necessary funding or legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.
 Oppose legislation that limits or eliminates local discretionary review of the installation of small cell wireless equipment or any wireless technology facilities on public infrastructure or in the public right of way and the ability for cities to charge fair market rental fees.
 Oppose regulatory efforts by Congress or the Federal Communications Commission to erode, limit or eliminate local government authority regarding siting of cellular communications towers, transmission sites or other infrastructure.
 Oppose any legislation mandate that supersedes local development standards or denies local governments the ability to enforce its development standards.  Oppose legislation that mandates increases in density or reduction in parking standards in residential zones.
 Oppose legislation to decrease Federal Community Block Grant funding.  Oppose legislation that would require local governments to compensate property owners for the effects of zoning and ordinary local land use control.

4 Public Safety
 Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of human trafficking and crime, including minors and victims of family violence and sexual assault.
 Support legislative efforts to address the negative impacts of AB 109 (Public Safety Realignment), Proposition 47 (Reduced Penalties for Some Crimes) and Proposition 57 (Parole for Non-Violent Criminals) on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.
 Support legislation that provides funding support for disaster preparedness, earthquake preparedness, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, Homeland Security, State COPS program, booking fee reimbursement and other local law enforcement activities.
 Support legislation that provides local law enforcement agencies authority to recover any costs associated with complying with any federal, state or court‐ordered licensing, registration and testing requirements.  Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
 Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
 Support efforts to address the illicit use of opioids and hold accountable those who illegally sell and distribute them.
 Support legislative efforts and additional funding to help address the issue of homelessness.
 Support legislation that prohibits drones from interfering with a firefighting operation or other public safety response.
 Support legislation that enhances the 9-1-1 system integration with technology to trace cell phone callers and their location.
 Support legislation that would provide local jurisdictions with increased authority to regulate the sale of automobiles on public streets.
 Support legislation that establishes greater City Council latitude in setting speed limits.
 Support legislation to vigorously oppose the early release of prisoners, except in cases of extreme health conditions (COVID).
 Support legislation that limits the issuance of alcoholic beverage licenses in areas of high crime or where excessive numbers of licenses exist.  Support legislative efforts to increase the amount of grant funding for local law enforcement operations, including school resource officers, body-worn camera system, and disaster preparedness initiatives.
 Support efforts which strengthen local fire and life safety services, including providing for greater local control over emergency medical and ambulance services to ensure the residents of Fountain Valley receive the highest possible level of emergency care.

5  Support legislation that requires maintenance of defensible space in wildfireprone areas.  Support regional efforts to improve interoperability of voice and data communications equipment.
 Support legislation that would provide local jurisdictions with increased authority regulate the sale of automobiles on public streets.
 Support legislation that provides funding for terrorism response training, with broad interpretations of training curriculums.
 Support legislation that would provide increased funding to public safety agencies to enhance training to address community needs such as mental health and homelessness.
 Oppose legislation to create new financial burdens or erode public safety such as offenders are now being supervised in the community by county probation departments rather than California of Corrections and Rehabilitation parole officers.
 Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party.
 Oppose legislation that would decrease funding for the Assistance to Firefighters Grant Program within the Department of Homeland Security.  Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles.  Oppose legislation that would decrease funding to the various Community Oriented Policing Services (COPS) programs.
 Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles. 
Revenue and Taxation
 Support legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
 Supports any measure that would provide greater local control over how local funds are expended.
 Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
 Support extending sales tax to all E-Commerce as a means of fairness to “main street” retailers.
 Support legislation that would support new financing tools and programs that would encourage local economic development through tax increment financing.  Support efforts which make funds to support public facilities more available to local municipalities including, but not limited to libraries and open space.  Support legislation to stabilize State and local government financing, to increase funding to local agencies in an equitable manner, and to permit the most costefficient management of State-mandated programs.

6  Support Federal legislation which would require states to distribute Federal passthrough funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support legislation and implementation of State programs and policies that promote pedestrian and bicycling safety.
 Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.
 Oppose legislation that removes or limits the municipal bond tax exemption.  Oppose any legislation that diminishes or does not assure local franchise fees for all utilities’ and communication carriers’ use of City right‐of‐way.  Oppose efforts by the state legislature to assess taxes on public goods and services such as water and electricity.
 Oppose legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
 Oppose any attempt or measures that seek to weaken or reverse Proposition 13 or other Constitutional provisions that strengthen taxpayer protections, or whose purpose is to raise tax revenues at the expense of the residential or business community.
 Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e. unfunded mandates).
 Oppose any measure that restricts or limits a public entity’s ability to use taxexempt debt or tax increment financing for the purchase or construction of public purpose improvements.
 Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.
 Oppose any change in tax allocations, which would negatively affect local government.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.

Transportation, Utilities and Public Works
 Support legislation that provides for a more equitable distribution of federal and state highway funds that consider population growth as well as location of sales and gas tax generation.
 Support legislation that provides funding and resources for retrofitting municipal infrastructure to increase energy efficiency.
 Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects.
 Support measures that provide local and regional funding opportunities for local transportation and system projects.

7  Support legislation that encourages the use of design-build methods to facilitate a faster, stream-lined approach to project delivery.
 Support legislation such that funding for stormwater and water quality programs would be treated similarly to water, sewer, and solid waste under Proposition 218.
 Support efforts that encourage energy and water conservation techniques, as long as those measure do not contain unnecessary punitive measures to residents, business owners and local agencies.
 Support measures which provide greater local control in meeting the environmental needs of the community, i.e. recycling/reclaiming of natural resources and energy efficiency measures.
 Oppose measures that attempt to raise federal and/or state revenues for transportation funding through new or increased taxes or fees (i.e. vehicle milestraveled tax/fee).  Oppose legislation that imposes undue hardship on local agencies to implement environmental regulations.

Federal Legislation
 Support efforts to reinstate funding for Safe Routes to Schools programs.  Support streamlined environmental processing for federal regulatory permits.  Support continued funding for the Energy Efficiency Block Grant Program in order to provide resources directly to local governments for programs that improve energy efficiency.
 Support collecting and remitting state and local sales taxes to the state and city in which the purchaser is residing (i.e. purchases made over the Internet; by mail order; by catalog, etc.).
 Support legislation to modify the Federal Fair Labor Standards Act (FLSA) as it relates to regulating public sector employment.
 Support legislation that provides tangible and productive tools and incentives to support job creation and retention.
 Support legislation and grant opportunities that preserve or increase funding for Community Development Block Grant (CDBG), HOME, and Section 8 Housing.  Support legislation to hold the State of California and state agencies to the same transparency and accountability standards as cities.
 Support Federal legislation, which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support any measure that would provide greater local control over how local funds are expended.
 Support legislation that would reform or increase transparency and accountability into the legislative appropriation process.
 Support measures that provide relief to businesses and the City due to impacts of COVID-19.

1 CITY OF FOUNTAIN VALLEY
2022 LEGISLATIVE PLATFORM
Administrative and Employment Related
 Support legislation modifying the Fair Labor Standards Act to permit adjustable work schedules to meet the needs of management and labor and to eliminate prospective and retroactive overtime payments.
 Support legislation that strengthens or reinforces management rights to include contracting and contract negotiations.
 Support legislation that reduces the City’s liability exposure.  Support legislation to promoting alternative and electronic posting and noticing of public hearings and meetings, including online posting.  Support legislation that advocates fair and proportionate representation on countywide and regional boards.
 Support legislation to continue the PEPRA system or similar measure.  Oppose legislation which would increase employee benefits without system reforms which would offset increased employer costs.
 Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk.  Oppose the imposition of unfunded or inadequately funded state mandates.  Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.

Recreation & Community Services
 Support legislation that provides funding for transportation services especially for senior citizens, local job-training programs especially for youth and young adults.
 Support legislation that promotes health & wellness for children and seniors, when financially feasible.
 Support measures that promote volunteerism.
 Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space at the local, State and Federal levels.
 Support Federal and State funding opportunities that promote health and wellness services and education offered to youth, veterans, low income and senior communities.
 Support Federal and State funding opportunities that promote our ability to provide public access to technology at community facilities.  Support legislation that provides funding for, or otherwise promotes programs to address and increase the level of physical activity among our community’s children.
 Oppose efforts that erode funding for vital regional and community services that negatively impact California’s access to parks, open space, bike lanes, after

2 school programming, senior services, facilities that promote physical activity, protect natural resources and strengthen safety and security.  Oppose legislation limiting Fountain Valley’s ability to address homeless issues.  Oppose all efforts of social service and program realignment where funding has not been fully appropriated.

Environment
 Support measure which increase the water supply or improve water quality within the region.
 Support efforts that encourage the use of energy and water conservation techniques, as long as those measures do not contain unnecessary punitive measures to residents, business owners and local agencies.  Support legislation that would protect consumers and small business owners and end excessive energy and water charges.
 Support Federal and State programs and legislation that encourage the use of commercially viable, new clean energy technology, if such clean technology has proven to be cost efficient.
 Support measures that provide greater local control in meeting the environmental needs of the community (i.e. recycling/reclaiming of natural resources and energy efficiency measures).
 Support efforts designed to reduce or eliminate the spread of graffiti.  Support measures that maintain and enhance local authority and economic flexibility to regulate solid waste and recycles.
 Support efforts to streamline and improve the California Environmental Quality Act (CEQA) process.
 Support legislation or grant opportunities for local governments that provide funding for development or enhancing alternative fueling stations for vehicles and energy efficiency upgrades to City facilities.
 Oppose legislation that imposes undue hardship on local agencies to implement environmental/air quality regulations.
 Oppose imposition of unreasonable and/or unfunded water testing and treatment requirements.

Housing, Land Use Planning and Community Development
 Support legislation that strengthens the concept of local control with regulatory tools to ensure the City can maintain quality of life over massage establishments, short-term rentals, congregate care facilities or group homes, and medical marijuana dispensaries.
 Support legislation that expands community and economic development tools and funding options for city services.
 Support legislation that supports local businesses and industry, including measures that remove barriers allowing local industries to sell goods and services internationally (i.e., free trade agreements).  Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards.

3  Support legislation that would increase available funding for affordable housing, especially funding for each community to meet the affordability requirement of the RHNA allocation within the eight-year housing element cycle and the express recognition that, absent funding, that the affordable RHNA allocations may be unattainable.
 Support Federal and State financial support for affordable housing for lowincome elderly and disabled individuals.  Support legislation that would eliminate the prevailing wage requirement on affordable housing.
 Support legislation that would provide additional resources, including adequate funding, to local agencies to address regional growth issues such as air quality, water quality, air pollution, ocean water quality, transportation corridors, and homelessness.
 Support efforts the legal and fiscal capability of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification and conservation of local planning areas, including, but not limited to, the regulatory authority over zoning, subdivisions, annexations, and redevelopment areas.  Support legislation that would give the City increased control over congregate care facilities, such as group homes.
 Oppose any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
 Oppose legislation that preempts local government’s ability to regulate and exercise its enforcement powers.
 Oppose additional housing mandates without necessary funding or legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.
 Oppose legislation that limits or eliminates local discretionary review of the installation of small cell wireless equipment or any wireless technology facilities on public infrastructure or in the public right of way and the ability for cities to charge fair market rental fees.
 Oppose regulatory efforts by Congress or the Federal Communications Commission to erode, limit or eliminate local government authority regarding siting of cellular communications towers, transmission sites or other infrastructure.
 Oppose any legislation mandate that supersedes local development standards or denies local governments the ability to enforce its development standards.  Oppose legislation that mandates increases in density or reduction in parking standards in residential zones.
 Oppose legislation to decrease Federal Community Block Grant funding.  Oppose legislation that would require local governments to compensate property owners for the effects of zoning and ordinary local land use control.

4 Public Safety
 Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of human trafficking and crime, including minors and victims of family violence and sexual assault.
 Support legislative efforts to address the negative impacts of AB 109 (Public Safety Realignment), Proposition 47 (Reduced Penalties for Some Crimes) and Proposition 57 (Parole for Non-Violent Criminals) on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.
 Support legislation that provides funding support for disaster preparedness, earthquake preparedness, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, Homeland Security, State COPS program, booking fee reimbursement and other local law enforcement activities.
 Support legislation that provides local law enforcement agencies authority to recover any costs associated with complying with any federal, state or court‐ordered licensing, registration and testing requirements.  Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds.
 Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs.
 Support efforts to address the illicit use of opioids and hold accountable those who illegally sell and distribute them.
 Support legislative efforts and additional funding to help address the issue of homelessness.
 Support legislation that prohibits drones from interfering with a firefighting operation or other public safety response.
 Support legislation that enhances the 9-1-1 system integration with technology to trace cell phone callers and their location.
 Support legislation that would provide local jurisdictions with increased authority to regulate the sale of automobiles on public streets.
 Support legislation that establishes greater City Council latitude in setting speed limits.
 Support legislation to vigorously oppose the early release of prisoners, except in cases of extreme health conditions (COVID).
 Support legislation that limits the issuance of alcoholic beverage licenses in areas of high crime or where excessive numbers of licenses exist.  Support legislative efforts to increase the amount of grant funding for local law enforcement operations, including school resource officers, body-worn camera system, and disaster preparedness initiatives.
 Support efforts which strengthen local fire and life safety services, including providing for greater local control over emergency medical and ambulance services to ensure the residents of Fountain Valley receive the highest possible level of emergency care.

5  Support legislation that requires maintenance of defensible space in wildfireprone areas.  Support regional efforts to improve interoperability of voice and data communications equipment.
 Support legislation that would provide local jurisdictions with increased authority regulate the sale of automobiles on public streets.
 Support legislation that provides funding for terrorism response training, with broad interpretations of training curriculums.
 Support legislation that would provide increased funding to public safety agencies to enhance training to address community needs such as mental health and homelessness.
 Oppose legislation to create new financial burdens or erode public safety such as offenders are now being supervised in the community by county probation departments rather than California of Corrections and Rehabilitation parole officers.
 Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party.
 Oppose legislation that would decrease funding for the Assistance to Firefighters Grant Program within the Department of Homeland Security.  Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles.  Oppose legislation that would decrease funding to the various Community Oriented Policing Services (COPS) programs.
 Oppose legislation, which would eliminate abandoned vehicle programs and a local government’s ability to immediately remove abandoned vehicles.

Revenue and Taxation
 Support legislation that leads to greater financial independence from federal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
 Supports any measure that would provide greater local control over how local funds are expended.
 Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base.
 Support extending sales tax to all E-Commerce as a means of fairness to “main street” retailers.
 Support legislation that would support new financing tools and programs that would encourage local economic development through tax increment financing.  Support efforts which make funds to support public facilities more available to local municipalities including, but not limited to libraries and open space.  Support legislation to stabilize State and local government financing, to increase funding to local agencies in an equitable manner, and to permit the most costefficient management of State-mandated programs.

6  Support Federal legislation which would require states to distribute Federal passthrough funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support legislation and implementation of State programs and policies that promote pedestrian and bicycling safety.
 Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.
 Oppose legislation that removes or limits the municipal bond tax exemption.  Oppose any legislation that diminishes or does not assure local franchise fees for all utilities’ and communication carriers’ use of City right‐of‐way.  Oppose efforts by the state legislature to assess taxes on public goods and services such as water and electricity.
 Oppose legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
 Oppose any attempt or measures that seek to weaken or reverse Proposition 13 or other Constitutional provisions that strengthen taxpayer protections, or whose purpose is to raise tax revenues at the expense of the residential or business community.
 Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e. unfunded mandates).
 Oppose any measure that restricts or limits a public entity’s ability to use taxexempt debt or tax increment financing for the purchase or construction of public purpose improvements.
 Oppose any measure that would divert local funds to the State, or any other entity, to balance its budget.
 Oppose any change in tax allocations, which would negatively affect local government.
 Oppose legislation which would reduce local discretion over locally-imposed taxes such as transient occupancy tax.

Transportation, Utilities and Public Works
 Support legislation that provides for a more equitable distribution of federal and state highway funds that consider population growth as well as location of sales and gas tax generation.
 Support legislation that provides funding and resources for retrofitting municipal infrastructure to increase energy efficiency.
 Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects.
 Support measures that provide local and regional funding opportunities for local transportation and system projects.

7  Support legislation that encourages the use of design-build methods to facilitate a faster, stream-lined approach to project delivery.
 Support legislation such that funding for stormwater and water quality programs would be treated similarly to water, sewer, and solid waste under Proposition 218.
 Support efforts that encourage energy and water conservation techniques.  Support measures which provide greater local control in meeting the environmental needs of the community, i.e. recycling/reclaiming of natural resources and energy efficiency measures.
 Oppose measures that attempt to raise federal and/or state revenues for transportation funding through new or increased taxes or fees (i.e. vehicle milestraveled tax/fee).  Oppose legislation that imposes undue hardship on local agencies to implement environmental regulations.

Federal Legislation
 Support efforts to reinstate funding for Safe Routes to Schools programs.  Support streamlined environmental processing for federal regulatory permits.  Support continued funding for the Energy Efficiency Block Grant Program in order to provide resources directly to local governments for programs that improve energy efficiency.
 Support collecting and remitting state and local sales taxes to the state and city in which the purchaser is residing (i.e. purchases made over the Internet; by mail order; by catalog, etc.).
 Support legislation to modify the Federal Fair Labor Standards Act (FLSA) as it relates to regulating public sector employment.
 Support legislation that provides tangible and productive tools and incentives to support job creation and retention.
 Support legislation and grant opportunities that preserve or increase funding for Community Development Block Grant (CDBG), HOME, and Section 8 Housing.  Support legislation to hold the State of California and state agencies to the same transparency and accountability standards as cities.
 Support Federal legislation, which would require states to distribute Federal pass-through funds in an equitable manner to local subdivisions of the State.  Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.
 Support any measure that would provide greater local control over how local funds are expended.
 Support legislation that would reform or increase transparency and accountability into the legislative appropriation process.
 Support measures that provide relief to businesses and the City due to impacts of COVID-19.