La Mesa City Council
March 8, 2022

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting via Teleconference

Date: March 8, 2022, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Jack Shu
Councilmember Bill Baber
Councilmember Laura Lothian
Councilmember Colin Parent
City Treasurer Eldon Vogt
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures. The City Council meeting may be viewed live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region),the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/85187102903
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 851 8710 2903 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
Live Public Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the City’s Americans with Disabilities Act (ADA) Coordinator, Rida Freeman, Director of Administrative Services, 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1. INVOCATION - MAYOR ARAPOSTATHIS

1.2. PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

6. CONFLICT DISCLOSURES

7. CONSENT CALENDAR
(Items 7.1 through 7.4)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.

Recommended Motion:

Approve Consent Calendar Items 7.1 through 7.4.

7.1. APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING

7.2. APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JANUARY 25, 2022
5 Recommended Motion:

Approve.

7.3. APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JANUARY 25, 2022
8 Recommended Motion:

Approve.

7.4. RESOLUTION ACCEPTING BID NO. 22-08, CITYWIDE PEDESTRIAN

SIGNAL AND PUSHBUTTON UPGRADE PROJECT, AND AWARDING

A CONSTRUCTION CONTRACT TO YUNEX LLC
18 Staff Reference: Mr. Hashemian
Recommended Motion:

Adopt Resolution.

8. ORDINANCE: FIRST READING

8.1. SENATE BILL 1383 SHORT-LIVED CLIMATE POLLUTANTS:

ORGANIC WASTE RECOVERY ORDINANCE
26 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LA MESA ADDING A NEW LA MESA MUNICIPAL CODE CHAPTER 7.30 MANDATORY ORGANICS RECYCLING AND EDIBLE
FOOD RECOVERY; AND, AMENDING CHAPTER 7.20 REFUSE
COLLECTION AND CHAPTER 7.22 MANDATORY RECYCLING TO
COMPLY WITH SENATE BILL NO. 1383
Staff Reference: Ms. Ego
Recommended Motion:

Approve the introduction and first reading of the Ordinance.

9. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

10. AB 1234 REPORTS (GC 53232.3 (d))

11. CITY ATTORNEY REMARKS

12. ADJOURNMENT

1 La Mesa City Council
Minutes of a Special Meeting
Date:

Location:

January 25, 2022, 5:00 p.m.

Council Chambers and City Manager's Conference Room
City Hall, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Shu
Councilmember Baber
Councilmember Lothian
Councilmember Parent
Staff: City Manager Humora
Assistant City Manager Tomaino
City Attorney Sabine
City Clerk Wiegelman
Police Chief Sweeney
This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures. _____________________________________________________________________

1. CALL TO ORDER
Mayor Arapostathis called the meeting to order at 5:06 p.m.

2. PUBLIC COMMENTS
Deborah submitted a comment regarding the City's Communications Manager and in support of Matthew Dages.

Mayor Arapostathis adjourned the meeting to Closed Session at 5:08 p.m.

2 3. CLOSED SESSION

3.1 EXISTING LITIGATION – CLOSED SESSION CONFERENCE WITH

LEGAL COUNSEL RELATING TO EXISTING LITIGATION PURSUANT
TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9 OF

THE CALIFORNIA GOVERNMENT CODE
a. Matthew Dages, Petitioner v. Personnel Appeals Board of the City of La Mesa; City of La Mesa, Respondents
Case No.: 37-2021-00009387-CU-WM-CTL
The following members of the public submitted a comment in support of Matthew Dages:

Walter P.

Thomas Paul
Elan
Julio
Francios
Esteban
Mariane
Sayed
Roger
Ximena
Jorge
Virginia Knop
Robert
Anthony
Paul J.

Serena
Cathy
Victor
Adelaide
Joran
Ana
Kevin
Charles
Monica
Anonymous
Carlos
Mark Norman
Shante
Bridget
Barbara Bright
Jaime
Lois

3 Stu B.

Deb Patt
Ariana Fernandez
Carlos Desantos
The following members of the public submitted a comment in opposition to Matthew Dages:

Cheri Robertson
Matthew Tupper
Brian Pedersen
Rev. Marcus C. Lohrmann
Rebecca Littlejohn
Mikaela
Gina Vattuone
Vickie White
Mark W. submitted a comment regarding the cost of the Matthew Dages litigation.

Patricia Green submitted a comment regarding the City's handling of the Matthew Dages case.

The meeting reconvened at 5:54 p.m. with all members present.

4. REPORT FROM CLOSED SESSION - CITY ATTORNEY
City Attorney Sabine announced there were no reportable actions.

5. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 5:54 p.m.
_________________________
City Clerk

1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

January 25, 2022, 6:00 p.m.

City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Shu
Councilmember Baber
Councilmember Lothian
Councilmember Parent
Staff: City Manager Humora
Assistant City Manager Tomaino
City Attorney Sabine
City Clerk Wiegelman
This meeting was conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as amended by Assembly Bill 361, in relation to the COVID-19 State of Emergency and recommended social distancing measures. _____________________________________________________________________

1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:03 p.m.

1.1 INVOCATION - VICE MAYOR SHU

1.2 PLEDGE OF ALLEGIANCE

2. REPORT FROM CLOSED SESSION
City Attorney Sabine announced there were no reportable actions.

2 3. CITY MANAGER COMMENTS
There were no comments.

4. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

5. PRESENTATIONS

5.1 LA MESA TRANSIT ORIENTED DEVELOPMENT FEASIBILITY STUDY

FOR THE SPRING STREET AND AMAYA DRIVE TRANSIT STATIONS
Community Development Director Kusiak explained that Measure T-4 in the City's Climate Action Plan encourages transit oriented development ("TOD") as a means of greenhouse gas reductions, and the City applied for and was awarded a Caltrans Sustainable Communities grant in 2019 for a feasibility study for potential TOD at the Amaya Drive and Spring Street trolley stations. Community Development Director Kusiak said the City engaged AECOM to conduct the feasibility study which commenced in Spring 2020 and introduced Lorena Cordova of AECOM who presented the findings of the feasibility study.

Lorena Cordova, AECOM, provided a PowerPoint presentation on the La Mesa TOD feasibility study for the Spring Street and Amaya Drive transit stations, highlighting the station locations, the study timeline, the existing conditions of the stations, the site and massing studies for each site, and the public outreach efforts. Lorena Cordova, AECOM, reviewed the key findings of the study and summarized the recommendations for parking and access, regulatory tools, and financial feasibility and funding opportunities.

Karlene Akers submitted a comment regarding concerns with TOD at the Amaya Drive and Spring Street trolley stations.

Following Council questions and comments, no action was taken.

5.2 UPDATE ON SENATE BILL 1383 SHORT-LIVED CLIMATE
POLLUTANTS: ORGANIC WASTE RECOVERY
Environment Program Manager Ego provided a PowerPoint presentation on Senate Bill 1383 ("SB 1383"), highlighting the requirements of SB 1383, the City's responsibility under SB 1383, organics service collection, the Edible Food Recovery Program, the City's efforts to meet the education and outreach requirements of SB 1383, the sustainable

3 procurement target, and how the City will monitor compliance and conduct enforcement.

Following Council questions and comments, no action was taken.

6. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Dianne Osterling spoke regarding government representation and the shaping of governmental policies.

Constance Lee Sandvick spoke regarding the draft MacArthur Park Master Plan.

Susan Wayne submitted a comment regarding City leadership violating the mask mandate.

8. CONFLICT DISCLOSURES
There were no conflict of interest disclosures.

9. BOARD AND COMMISSION APPOINTMENTS

9.1 RESOLUTION APPOINTING MEMBERS TO THE CITY'S ARTS AND

CULTURE COMMISSION
Mayor Arapostathis nominated the following individuals for appointment to the City’s Arts and Culture Commission:

Alison Lindsay, Art Educator (Kindergarten through 8th Grade) Representative
Stephen Reaves, Art Educator (9th Grade through College) Representative
Melissa Walter, Visual Arts Representative
Mickey Mounarath, Performing Arts Representative
Dr. Karen Childress-Evans, Musical Arts Representative
Rodney Elliot, At-Large Representative
Jenny Bourbiel, At-Large Representative
The Mayor and Council expressed their appreciation for all of the residents who submitted an application to serve on the City’s Arts and Culture Commission.

4 Resolution No. 2022-005
Moved by Mayor Arapostathis
Seconded by Councilmember Baber
Approve the appointment of Alison Lindsay, Stephen Reaves, Melissa Walter, Mickey Mounarath, Dr. Karen Childress-Evans, Rodney Elliot, and Jenny Bourbiel to the Arts and Culture Commission and adopt the Resolution confirming the appointments.

Yes (5): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Lothian, and Councilmember Parent
Approved (5 to 0)

10. CONSENT CALENDAR
(Items 10.1 through 10.8)
Councilmember Lothian requested Item 10.8 be pulled for separate consideration.

Moved by Mayor Arapostathis
Seconded by Councilmember Parent
Approve Consent Calendar Items 10.1 through 10.7.

Yes (5): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Lothian, Councilmember Parent
Approved (5 to 0)

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, DECEMBER 14, 2021
Approve.

10.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR

MEETING AND CITY OF LA MESA SUCCESSOR AGENCY SPECIAL
MEETING HELD TUESDAY, DECEMBER 14, 2021
Approve.

5 10.4 RESOLUTION MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, AND

RE-AUTHORIZING THE CONTINUED USE OF VIRTUAL MEETINGS
FOR THE 30-DAY PERIOD BEGINNING FEBRUARY 1, 2022
THROUGH FEBRUARY 28, 2022
Resolution No. 2022-006
Adopt Resolution.

10.5 RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE

OF FUNDING FOR ALL CALIFORNIA DEPARTMENT OF RESOURCES

RECYCLING AND RECOVERY (CALRECYCLE) GRANT AND

PAYMENT PROGRAMS FOR WHICH THE CITY OF LA MESA IS

ELIGIBLE FOR THE NEXT FIVE YEARS
Resolution No. 2022-007
Adopt Resolution.

10.6 RESOLUTION AUTHORIZING A TASK ORDER TO NV5 FOR THE

ENVIRONMENTAL PLANNING AND ENGINEERING DESIGN OF

WASTEWATER INFLOW AND INFILTRATION MITIGATION PROJECT,
PHASE 7
Resolution No. 2022-008
Adopt Resolution.

10.7 RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT

APPLICATION TO CALTRANS

RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT

APPLICATION TO THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR A PROPOSED CHANNEL RESTORATION
AND PARKLET PROJECT AT 69TH STREET AND BOULEVARD

DRIVE, ACCEPTING AND APPROPRIATING FUNDS FOR THE

PROJECT, IF AWARDED, AND DELEGATING SIGNATURE

AUTHORITY TO THE CITY MANAGER, OR DESIGNEE
Resolution No. 2022-009
Adopt Resolution.

6 10.8 HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME)
PROGRAM QUARTERLY REPORT (OCTOBER 2021 – DECEMBER
2021)
Councilmember Lothian inquired about the HOME program follow-up process, the services provided to the different types of homeless populations, and the data collected.

Chief Sweeney explained the efforts of the HOME program.

Bonnie Baranoff submitted a comment regarding the progress in services for the homeless and encouraging community members to contact the HOME team directly when they know someone is experiencing homelessness or on the brink of losing their home.

Council questions and comments ensued.

Moved by Mayor Arapostathis
Seconded by Councilmember Parent
Receive and file.

11. STAFF REPORT

11.1 CLIMATE ACTION PLAN SUBCOMMITTEE RECOMMENDATIONS
REGARDING THE 2023 CLIMATE ACTION PLAN UPDATE
Assistant City Manager Tomaino provided opening comments.

Environment Program Manager Ego provided a PowerPoint presentation on the Climate Action Plan ("CAP") Subcommittee's recommendations regarding the 2023 CAP update, highlighting the 2018 CAP, the CAP implementation and progress, the efforts of the CAP Subcommittee, the CAP Subcommittee's recommendations, and the timeline for the implementation of the proposed CAP updates. Environment Program Manager Ego stated the CAP Subcommittee recommended the Council, (1) utilize the adopted 2018 CAP to update the 2023 CAP; (2) request proposals from qualified firms with the necessary technical and professional background to assist in the preparation of a comprehensive amendment to the existing CAP; and (3) appropriate an additional $50,000 from the General Fund for the CAP update.

Council questions and comments ensued.

Dianne Osterling spoke regarding solar power.

7 Joe Britton, San Diego Gas & Electric ("SDG&E"), spoke regarding SDG&E's clean energy efforts.

Councilmember Lothian said she would be voting no on Items 11.1 and

11.1.a as a protest. Councilmember Lothian stated she opposed the extreme language of Item 11.1.a's proposed Resolution and felt the City should not be spending as much time, money, and resources on the CAP since the City has limited staffing, does not have the power to effect the climate, and should focus on local issues rather than global issues.

Moved by Councilmember Baber
Seconded by Vice Mayor Shu
(1) Utilize the adopted CAP to update the 2023 CAP; (2) Request proposals from qualified firms with the necessary technical and professional background to assist in the preparation of a comprehensive amendment to the existing CAP; and (3) Appropriate an additional $50,000 from the General Fund for the CAP update.

Yes (4): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, and Councilmember Parent
No (1): Councilmember Lothian
Approved (4 to 1)
a. CONSIDERATION OF RESOLUTION TAKING ACTION IN

RESPONSE TO THE CLIMATE EMERGENCY AND DIRECTING

THE CITY TO TAKE SPECIFIC AND COMPREHENSIVE ACTION

TO ADDRESS THE CLIMATE CRISIS
Climate Action Plan Subcommittee: Vice Mayor Shu and
Councilmember Baber
Vice Mayor Shu and Councilmember Baber summarized the
proposed Resolution and explained why the City needed to take specific and comprehensive action to address the climate crisis.

Council questions and comments ensued.

Resolution No. 2022-010
Moved by Councilmember Baber
Seconded by Mayor Arapostathis
Adopt Resolution.

8 Yes (4): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, and Councilmember Parent
No (1): Councilmember Lothian
Approved (4 to 1)

12. ORDINANCES: FIRST READING

12.1 ORDINANCE UPDATING THE MEMBERSHIP OF THE YOUTH

ADVISORY COMMISSION AND ENVIRONMENTAL SUSTAINABLITY

COMMISSION

CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA MESA AMENDING SECTIONS 2.71.010 AND 2.85.010

OF THE LA MESA MUNICIPAL CODE TO AUTHORIZE

NONRESIDENTS TO SERVE ON THE YOUTH ADVISORY

COMMISSION AND AS THE YOUTH REPRESENTATIVE ON THE

ENVIRONMENTAL SUSTAINABILITY COMMISSION PROVIDED THEY

ATTEND SCHOOL IN THE CITY OF LA MESA (SUBJECT TO

APPLICABLE RULES)
City Attorney Sabine read the title of the Ordinance.

Moved by Mayor Arapostathis
Seconded by Councilmember Parent
Approve the introduction and first reading of the Ordinance.

Yes (5): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Lothian, and Councilmember Parent
Approved (5 to 0)

12.2 SENATE BILL NO. 9 ORDINANCE

CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LA MESA ADOPTING AMENDMENTS TO LA MESA
MUNICIPAL CODE TITLE 22 (SUBDIVISIONS) AND TITLE 24
(ZONING) TO ESTABLISH STANDARDS FOR THE IMPLEMENTATION

OF THE TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT
SPLIT PROVISIONS OF SENATE BILL NO. 9

9 Community Development Director Kusiak reviewed the standards for the implementation of two-unit residential development and urban lot split provisions of Senate Bill No. 9 ("SB 9"). Community Development Director Kusiak summarized the proposed amendments to La Mesa Municipal Code ("LMMC") Titles 22 and 24 and explained the policy options available for Council consideration. Community Development Director Kusiak stated the Planning Commission and staff recommended the Council approve the introduction and first reading of the Ordinance adopting amendments to LMMC Title 22 (Subdivisions) and Title 24 (Zoning) to establish standards for the implementation of the two-unit residential development and urban split provisions of SB 9.

Dianne Osterling spoke regarding concerns with the proposed amendments to LMMC Titles 22 and 24.

William Best spoke regarding concerns with the proposed amendments to LMMC Titles 22 and 24.

Council questions and comments ensued.

Mayor Arapostathis read the title of the Ordinance.

Moved by Councilmember Parent
Seconded by Councilmember Baber
(1) Approve the introduction and first reading of the Ordinance; (2) Direct staff to submit the proposed Ordinance to the California Department of Housing and Community Development ("HCD") for feedback and bring back any feedback from the HCD to Council for consideration; and (3) Direct staff to submit a letter to the HCD requesting the HCD promulgate more formal guidance in the form of a guidebook.

Yes (5): Mayor Arapostathis, Vice Mayor Shu, Councilmember Baber, Councilmember Lothian, and Councilmember Parent
Approved (5 to 0)

13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

14. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

10 15. CITY ATTORNEY REMARKS
There were no remarks.

16. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 8:10 p.m.
_________________________
City Clerk

---...,..._ _/ 11
-,>~ CITY OF
11~~'.7 LA MESA ------- 1 '- ) ) JEWEL of the HILLS "~ STAFF REPORT :-,- REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: March 8, 2022
SUBJECT: Resolution Accepting Bid 22-08, Citywide Pedestrian Signal and Pushbutton Upgrade Project and Awarding a Construction Contract to Yunex LLC
ISSUING DEPT: Public Works
SUMMARY:

Issue:

Should the City of La Mesa accept Bid 22-08, Citywide Pedestrian Signal and Pushbutton Upgrade Project and award a construction contract to Yunex LLC. for $121,035.

Recommendation:

Adopt the attached resolutions accepting Bid 22-08, Citywide Pedestrian Signal and Pushbutton Upgrade Project and awarding a construction contract to Yunex LLC. for $121,035.

Fiscal Impact:

Funds for the project are available in Capital Improvement Project account 30220AOT. No general fund money will be used for this project.

City's Strategic Goals:
• Continue to improve high quality municipal services
• Revitalize neighborhoods and corridors
Environmental Review:

The project was issued a Categorical Exemption-Exclusion determination according to the requirements of the California Environmental Quality Act and National Environmental Policy Act.

Report to Mayor and Councilmembers
March 8, 2022
Page: 2 of 3
BACKGROUND:

On September 25, 2018, the City of La Mesa approved a resolution adopting a Vision Zero Plan. The Plan's goal is to reduce traffic fatalities to zero by prioritizing safety within infrastructure projects and combining education and enforcement practices to achieve this goal. Implementation of certain tools including safe and complete streets design criteria advance this plan. This project is consistent with the goals of the Vision Zero Plan.

City staff was successful in obtaining grant funding in an amount of $189,000 through the Highway Safety Improvement Program (HSIP). The grant is intended to serve as a comprehensive framework for reducing fatalities and serious injuries on public roads.

This grant aligns with the City's Vision Zero Plan.

In alignment with the grant program goals, the Citywide Pedestrian Signal and Pushbutton Upgrade Project involves the installation of ADA compliant no-touch pedestrian pushbuttons, and upgraded traffic signal controllers at multiple locations in the City (see Appendix C for list of locations, and specific crossing approaches). This project also includes the installation of pedestrian countdown signal heads that will increase the safety of pedestrians and further support the implementation of the City's Vision Zero Plan. Locations were selected based on areas of high pedestrian activity or where existing infrastructure was dated and needed replacement.

DISCUSSION:

On January 31st, 2022, a notice inviting bids was advertised and bid documents were distributed to 13 plan holders. On February 24th, eight (8) bids were received electronically. The apparent responsive, responsible low bidder was identified as Yunex LLC. with a total base bid price of $111,535. There was also an additive of $9,500, which included the installation of two wireless radios, providing signal communications with the intersection of Lemon and Bancroft. The total bid award includes the base bid plus the additive bid, for a total amount of $121,035. A bid results summary is shown in Attachment B.

The engineer's estimate for the project was $160,000.

Contract time for completion of the project is 25 working days. The work is expected to begin in April of 2022 and be completed by June of 2022.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution accepting Bid 22- 08, Citywide Pedestrian Signal and Pushbutton Upgrade Project and awarding a construction contract to Yunex LLC. for $121,035.

Report to Mayor and Councilmembers
March 8, 2022
Page: 3 of 3
Reviewed by:

Greg Humora
City Manager
Respectfully Submitted by:

Hamed Hashemian
~ c~:tg/0
Michael Kinnard
Associate Engineer
Attachments: A - Resolution - Bid Award to Yunex LLC.

B - Bid Results Tabulation
C - Location List of Pedestrian Upgrades

RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
ACCEPTING BID NO. 22-08, CITYWIDE PEDESTRIAN SIGNAL AND

PUSHBUTTON UPGRADE PROJECT, AND AWARDING A CONSTRUCTION

CONTRACT TO YUNEX LLC
WHEREAS, the City of La Mesa continues to improve high quality municipal services and revitalize neighborhoods and corridors;
WHEREAS, on September 25, 2018, the City adopted a Vision Zero Plan to reduce traffic fatalities to zero and prioritize safety within infrastructure projects and combine education and enforcement practices to achieve this goal;
WHEREAS, on December 19, 2018 the City of La Mesa secured Highway Safety Improvement Program (HSIP) Grant Funding in the amount of $189,900 dollars for the installation of ADA compliant pushbuttons, pedestrian countdown signal heads, and traffic signal controllers at various locations in the City;
WHEREAS, the project under consideration is consistent with the City's Vision Zero Plan;
WHEREAS, on January 31, 2022, Bid No. 22-08 was advertised and low bid selection was based on the lowest responsive, responsible base bid; WHEREAS, on February 24, 2022, the City received eight bids and Yunex LLC, was the lowest, responsive, responsible bidder with a total base bid amount of $111,535; and WHEREAS, the total bid is below the engineer's estimate and within the City's budget.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:

Yunex LLC. base bid in the amount of $111,535 for Bid No. 22-08, Citywide Pedestrian Signal and Pushbutton Upgrade Project, was determined to be the lowest, responsive, responsible bid. Said bid is on file in the office of the City Clerk.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to accept and execute a construction contract with Yunex LLC, to perform items of work at the prices set forth in said bid, including an additive of $9,500, for a total bid award amount of $121,035.

BE IT FURTHER RESOLVED that the Director of Public Works/City Engineer is authorized to approve the substitution of subcontractors.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of March 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ATTACHMENT A

CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2022- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

-----------------------------------
Bid Results Tabulation
BID 22-08 Citywide Pedestrian Signal and Pushbutton Upgrade Project Bidders
Yunex LLC
2 Lekas Electric, Inc.
3 Crosstown Electrical & Data, Inc.
4 Baker Electric, Inc.
5 Bear Electrical Solutions, Inc.
6 Pelagic Engineering
7 Alfaro Communications Inc.
8 Tri-Group Construction & Development Inc.

Engineer's Estimate
All bids will be compared on the basis of the BASE BID.

Base Bid
$111,535.00
$119,927.04
$131,783.00
$137,529.00
$144,850.00
$154,959.00
$171,777.00
$179,000.00
Additive
$9,500.00
$8,365.60
$8,200.00
$6,976.00
$6,000.00
$4,000.00
$6,000.00
$36,000.00
Total
$121,035.00
$128,292.64
$139,983.00
$144,505.00
$150,850.00
$158,959.00
$177,777.00
$215,000.00
$160,000.00

1 Lake Murray Bl
2 Lake Murray Bl
3 Fletcher Pkwy
4 Murray Dr
5 Univsersity Av
6 El Cajon Bl
7 Spring St
8 La Mesa Bl
9 Lemon Av
Bid 22-08 Citywide Pedestrian Signal and Pushbutton Updgrade Project Location List
Intersection Pedstrian Upgrade Crossing Directions
(E-W: East-West) (N-S: North-South)
Cowles Mountain Bl/Aztec Dr E-W (2 crossings) N-S (1 crossing) Dallas St E-W (2 crossings) N-S (1 crossing)
Trolley Ct E-W (1 crossing) N-S (1 crossing)
Health Care Circle All (4) crossings
70th St E-W (2 crossings) N-S (1 crossing)
Parks Av All (4) crossings
La Mesa Bl E-W (2 crossings) N-S (1 crossing)
Glen St All (4) crossings
Bancroft Dr All (4) crossings
Attachment C

CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Reserves
I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose as docketed is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated.

Amount$
Purpose
Date
Fund __________________ _
Director of Finance
City of La Mesa
By
Unappropriated Reserves Available Balance $
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation as docketed can be incurred; that sufficient monies to meet the obligations are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn; and that said monies now actually in the treasury, together with the monies anticipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered.

Fund:
30220
AOT
Purpose:

Amount Not to Exceed $121,035.00
Date:

Dept./ Activity:
6830
6-ciofFifjdL
City of La Mesa
03/02/2022 By: Hamed Hashemian
$121,035.00 from Account 30220AOT-6830 (amount available $189,900.00) Resolution Accepting Bid 22-08, Citywide Pedestrian Signal and Push Button Upgrade Project and Awarding a Construction Contract to Yunex LLC.

CERTIFICATE NO. 1779

DATE:

CITY OF
LAMESA
JEWEL of the HILLS STAFF RE PORT
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
March 8, 2022
SUBJECT: Introduction and First Reading of an Ordinance adding a New La Mesa Municipal Code Chapter 7.30 Mandatory
Organics Recycling and Edible Food Recovery
Ordinance; and, Amending Chapter 7.20 Refuse
Collection and Chapter 7.22 Mandatory Recycling to
comply with Senate Bill No. 1383
ISSUING DEPARTMENT: City Manager's Office
SUMMARY:

Issue:

Should the City Council approve the Introduction and First Reading of an Ordinance adding a new La Mesa Municipal Code Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery; . and, amending Chapter 7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to comply with Senate Bill No. 1383?
Recommendation:

Staff recommends the City Council approve:

The Introduction and First Reading of an Ordinance adding a new La Mesa Municipal Code Ordinance Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery; and, amending Chapter 7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to comply with Senate Bill No. 1383.

Fiscal Impact:

There is no current fiscal impact associated with this project.

Report to Mayor and Councilmembers
Date: March 8, 2022
Page: 2 of 6
City's Strategic Goals:
• Continue to improve high quality municipal services
• Foster community health by reducing greenhouse gas emissions and improving environmental quality
Climate Action Plan Reduction Strategy:

This item supports implementation of Climate Action Plan Solid Waste (SW) Measures in an effort to reduce waste sent to landfills by:

1. SW-1 advancing food scrap and yard waste diversion;

2. SW-2 advancing construction and demolition waste diversion program; and

3. SW-3 advancing the 75% Waste Diversion Goal
BACKGROUND:

Statutory Requirements
In September 2016, Senate Bill 1383 (SB 1383), Short-lived Climate Pollutants: Organic Waste Reductions, established methane emissions reduction targets in a statewide effort to reduce emissions from short-lived climate pollutants in various sectors of California's economy. Methane from decomposing organic waste in landfills is a significant source of greenhouse gas (GHG) emissions, therefore, SB 1383 requires the Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce the disposal of organic waste to 50% below 2014 levels by 2020, and to 75% of 2014 levels by 2025. Additionally, CalRecycle must implement requirements to recover 20% of edible food for human consumption currently landfilled by 2025. Cities and waste haulers are required to have the following in place:
• Organics collection services to all residents and businesses • Edible food recovery programs
• Education and outreach to the community
• Recyclable and recovered organic products
• Access to recycle and edible food recovery capacity
• Compliance monitoring and conduct enforcement
City staff has continued working in partnership with the City's waste hauler, EDCO, and collaboratively with City departments and the County of San Diego to meet SB 1383 requirements. The City and EDCO have engaged in education and outreach efforts and provided technical assistance for organic waste and edible food generators. Most recently, through a joint letter from the City and EDCO, commercial account holders in

Report to Mayor and Councilmembers
Date: March 8, 2022
Page: 3 of 6
La Mesa were notified of the State regulations on mandatory organics recycling and edible food recovery with instructions for enrollment and obtaining collection implementation assistance. In addition, residential customers began organic waste recycling on April 1, 2021, and received educational mailers informing them of the organic waste recycling program and SB 1383 requirements. Staff and EDCO presented to City Council on January 25, 2022, to provide an update on SB 1383 implementation progress.

DISCUSSION:

SB 1383 regulations went into effect on January 1, 2022. This State legislation requires that cities maintain a program to implement SB 1383 and report on the reduction of the disposal of organic waste. One of the initial steps required to ensure the City remains in compliance with the State is to adopt a local ordinance that effectuates the provisions of SB 1383. Staff drafted a new chapter for the Mandatory Organics Recycling and Edible Food Recovery (Chapter 7.30). Additionally, staff recommends amending Chapters 7.20 Refuse Collection and 7.22 Mandatory Recycling (Attachment A) to comply with SB 1383.

Staff worked with the Department Directors and City Attorney to review the new and modified draft chapters to ensure the language is accurate, consistent, and comprehensively addresses SB 1383 requirements. Attachment "A" includes a new ordinance Chapter 7.30 and amendments to Chapter 7.20 and Chapter 7.22. The most notable provisions of each ordinance are summarized below.

Mandatory Organics Recycling and Edible Food Recovery (New) Draft Ordinance Chapter 7.30 - Mandatory Organics Recycling and Edible Food Recovery, establishes new requirements applicable to all generators. State requirements include the following key provisions:
• Enrollment in the City's three-container (landfill, recycling, and organic waste) collection services for all residential and commercial (including multi-family dwellings) customers, currently provided by EDCO.
• Specified commercial edible food generators are required to recover the maximum amount of edible food and establish an agreement with an edible food recovery organization for donations.
• Allowance of community composting operations and participation via self-hauling organic waste.
• Waiver of compliance by the City of some commercial operators if the business provides documentation that it generates below a certain amount of organic waste material with the allowance of "de minimis" waivers for commercial customers (including multi-family dwellings). Waivers would be considered and approved on a

Report to Mayor and Councilmembers
Date: March 8, 2022
Page: 4 of 6
case-by-case basis and monitored by the waste hauler and City Staff. Commercial businesses requesting a "de minimis" waiver would be required to:
o Submit an application specifying the services requesting a waiver and provide documentation that the total solid waste collection service is below a certain amount.
o Notify the City if any circumstances change such that the commercial business' organic waste exceeds thresholds required for a waiver, in which case the waiver would be rescinded.
o Provide written verification of eligibility for de minimis waiver every five years, if the City has approved de minimis waiver.
• Requirements that bring the Water Efficient Landscape Ordinance into consistency with existing City practices for the usage of compost and mulch. • Compliance inspections to be performed by the local waste hauler, municipality, and/or a third-party.

Refuse Collection (Amended)
Chapter 7.20 - Refuse Collection is being amended to include the following:
• Updates to definitions and terminology used throughout the Chapter to accurately reflect the current use of defined terms.
• Updates to language used throughout the Chapter to comply with SB 1383 regulations, such as reference to organic waste recycling program requirements. • Allowance of shared collection services for commercial customers that identify as low generators or have space constraints. Permission to share services would be considered and approved on a case-by-case basis and monitored by the waste hauler and City staff.
• SB 1383 regulations allow for jurisdictions to establish a waiver program for businesses with "de minimis" volume. Shared collection service will address difficulties in scenarios where a business might request a waiver, and moreover, maximize waste diversion and participation in the business community.

Report to Mayor and Councilmembers
Date: March 8, 2022
Page: 5 of 6
Mandatory Recycling (Amended)
Chapter 7.22 - Mandatory Recycling is being amended to include the following:
• Updates to definitions and terminology used throughout the Chapter to accurately reflect the current use of defined terms.
• Updates to language used throughout the Chapter to comply with SB 1383 regulations, such as reference to organic waste recycling program requirements.

The proposed new and amended ordinances would require organics recycling for single family residential dwellings, commercial businesses, and multi-family dwellings as required by SB 1383. To reduce the economic burden on commercial and multi-family dwellings, the new and amended ordinances would allow eligible generators to apply for a "de minimis" waiver or shared service if these generate under a certain volume. This process would ensure that certain operators that do not generate organic waste above a certain volume may be exempted from the regulations. Permission for a waiver and shared service would be considered on a case-by-case basis and monitored by the waste hauler and City staff.

CalRecycle requires cities to report on implementation progress on April 1, 2022, and again in October 2022. The City is required to maintain records required by SB 1383 regulations in an Implementation Record. The City will be required to provide annual progress reports. SB 1383 requires enforcement to take place beginning January 1, 2024. The City plans to prepare an educational campaign that promotes voluntary compliance.

CONCLUSION:

SB 1383 imposes requirements on cities to adopt an organic waste reduction program.

Staff worked with EDCO to help educate the community about these requirements and also developed a framework to mitigate the impacts to the business community through a waiver program. Staff recommends the City Council approve the introduction and First Reading of the draft Ordinance adding a new La Mesa Municipal Code Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery Ordinance; and, amending Chapter 7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to comply with Senate Bill No. 1383. The proposed code updates also align with goals in the Solid Waste category of the Climate Action Plan.

Report to Mayor and Councilmembers
Date: March 8, 2022
Page: 6 of 6
Reviewed by:

City Manager
Attachments:
aino
·stant City Manager
Manager
A. Draft Ordinance adding a New La Mesa Municipal Code Chapter 7.30 Mandatory Organics Recycling and Edible Food Recovery Ordinance; and, Amending Chapter

7.20 Refuse Collection and Chapter 7.22 Mandatory Recycling to Comply with Senate Bill No. 1383

ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING A NEW LA MESA MUNICIPAL CODE CHAPTER 7.30

MANDATORY ORGANICS RECYCLING AND EDIBLE FOOD
RECOVERY; AND, AMENDING CHAPTER 7.20 REFUSE COLLECTION
AND CHAPTER 7.22 MANDATORY RECYCLING TO COMPLY WITH
SENATE BILL NO. 1383
WHEREAS, State organics recycling law, Assembly Bill No. 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program;
WHEREAS, Senate Bill No. 1383, the Short-lived Climate Pollutant Reduction Act (Lara, Chapter 395, Statutes of 2016), requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets;
WHEREAS, Senate Bill No. 1383, requires cities to adopt and enforce an Ordinance or enforceable mechanism to implement relevant provisions of Senate Bill 1383 regulations. This Ordinance also helps reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; WHEREAS, existing language in La Mesa Municipal Code Chapter 7.20 Refuse Collection and Chapter 7 .22 Mandatory Recycling must be amended to comply with Senate Bill No. 1383;
WHEREAS, this Ordinance implements the requirements of Assembly Bill No. 1826 and Senate Bill No. 1383 Regulations; and
WHEREAS, requirements in this Ordinance comply with the City's adopted Climate Action Plan strategy, Solid Waste, which has a goal of diverting 75 percent of total solid waste generated by 2035.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines the following:

A. That the foregoing recitals are true and correct and an integral part of the City Council's decision, and hereby adopts such recitals as findings.

B. That this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) because the activity is covered by the common sense exemption since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Further, future projects affected by this Ordinance would be individually considered relative the requirement for environmental review under CEQA.

SECTION 2: A new Chapter 7.30 is hereby added to the La Mesa Municipal Code to read as follows:
"Chapter 7.30 - Mandatory Organics Recycling and Edible Food Recovery Sections:

7.30.010 Purpose

7.30.020 Definitions

7.30.030 Single-Family Residential Dwelling Occupants

7.30.040 Commercial Businesses

7.30.050 Waivers for Generators

7.30.060 Commercial Edible Food Generators

7.30.070 Food Recovery Organizations and Food Recovery Services

7.30.080 Facility Operations and Community Composting Operations

7.30.090 Self-Haulers

7.30.100 Model Water Efficient Landscaping Ordinance Requirements

7.30.110 Inspections and Investigations

7.30.120 Enforcement

7. 30. 130 Effective Date

7.30.010 Purpose.

This chapter is intended to comply with Senate Bill No. 1383 (SB 1383), the Short-lived Climate Reduction Act of 2016, and its implementing regulations. SB 1383 Regulations place requirements on Cities, Single-Family Residential Dwellings, Commercial Businesses including Multi-Family Residential Dwellings, Commercial Edible Food Generators, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to achieve statewide Organic Waste disposal reduction targets to reduce organics in landfills as a source of methane. SB 1383 requires Cities to adopt

and enforce an enforceable mechanism, such as an Ordinance, to implement SB 1383 Regulations.

The City finds and declares:

A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730,41731,41734,41735,41736,41800,42926,44004, and50001 o~ and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 ( commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

E. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an Ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

F. This Ordinance complies with other adopted goals and policies of the City.

7.30.020 Definitions.

The following terms when used in this chapter shall have the meaning assigned below unless the context clearly indicates that a different meaning was intended:
(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 Cities (and other jurisdictions).
(c) 'CCR' means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., '14 CCR' refers to Title 14 of CCR). California Code of Regulations or CCR references include the statutory language as it exists on the effective date of this Chapter and as amended from time to time. (d) 'Commercial' or 'Commercial Business' means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forprofit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (e) 'Commercial Edible Food Generator' means a Tier One or a Tier Two Commercial Edible Food Generator. Commercial Edible Food Generator does not include Food Recovery Organizations and Food Recovery Services.
(f) 'Compliance Review' means a review of records by the City to determine compliance with this Chapter.

(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 stated, as of the effective date of this Chapter, 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) 'Contaminated Container' means a container, regardless of color, that contains Prohibited Container Contaminants. Contaminated Container has the same meaning as in 14 CCR Section 18982(a)(55) if otherwise defined in that section.
(j) 'C&D' means construction and demolition debris.
(k) 'Designee' means an entity that the City contracts with, or otherwise arranges with, to carry out any of the City's responsibilities 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.
(I) 'Edible Food' means food intended for human consumption. For purposes of this Chapter, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. Edible Food has the same meaning as in 14 CCR Section 18982(a)(18) if otherwise defined in that section. (m) 'Enforcement Action' means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies including Civil and Criminal Courts. (n) 'Enforcement Official' means the City Manager, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the Ordinance.
(o) '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 City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,

regulation, or Ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the City'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 the City, or its Designee, to potential liability.
(p) 'Food Distributor' means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores. Food Distributor has the same meaning as in 14 CCR Section 18982(a)(22) if otherwise defined in that section.
(q) 'Food Facility' has the same meaning as in Section 113789 of the Health and Safety Code.
(r) 'Food Recovery' means actions to collect and distribute food for human consumption that otherwise would be disposed. Food Recovery has the same meaning as in 14 CCR Section 18982(a)(24) if otherwise defined in that section.
(s) '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 including, but not limited to: (i) a food bank as defined in Section 113783 of the Health and Safety Code; (ii) a nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; or (iii) a nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. Food Recovery Organization has the same meaning as in Section 14 CCR Section 18982(a)(24) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Organization does not include a Commercial Edible Food Generator.
(t) '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. Food Recovery Service has the same meaning as in 14 CCR Section 18982(a)(26) if otherwise defined in that section. Pursuant to 14 CCR Section 18982(a)(7), Food Recovery Service does not include a Commercial Edible Food Generator.
(u) '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.

(v) '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 organizations. Food Service Provider has the same meaning as in 14 CCR Section 18982(a)(27) if otherwise defined in that section.
(w) '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 towels, napkins, and pizza boxes.
(x) 'Franchisee' means any solid waste collector or recycling agent authorized by the City Council, pursuant to the provisions of this code, to collect and dispose of solid waste.
(y) '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.
(z) '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).
(aa) 'Green Container' has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(bb) '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. Grocery Store has the same meaning as in 14 CCR Section 18982(a)(30) if otherwise defined in that section.
(cc) 'Hauler Route' means the waste hauler's designated itinerary or sequence of stops for each segment of City's collection service area. Hauler Route has the same meaning as in 14 CCR Section 18982(a)(31.5) if otherwise defined in that section.
(dd) '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 that 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).

High Diversion Organic Waste Processing Facility has the same meaning as in 14 CCR Section 18982(a)(33) if otherwise defined in that section. (ee) 'Inspection' means a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982( a)(35).
(ff) 'Large Event' means an event, that serves an average of more than 5,000 individuals per day of operation of the event, or is operated by a local agency, 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.
(gg) '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. A permanent 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. 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. Large Venue has the same meaning as in 14 CCR Section 18982(a)(39) if otherwise defined in that section.
(hh) '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. Local Education Agency has the same meaning as in 14 CCR Section 18982(a)(40) if otherwise defined in that section.
(ii) 'Metal' means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items.

OD 'Multi-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units. MultiFamily Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.

(kk) 'MWELO' refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(II) 'Newspaper' means materials printed on newsprint.
(mm) '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).
(nn) '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 CCRSection 18982(a)(43). (oo) 'Notice of Violation (NOV)' means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(pp) 'Office paper' means waste paper grades of white and colored ledgers.

Examples include forms, copy paper, stationery, and other papers that are generally associated with desk activity.
(qq) '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).
(rr) '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).
(ss) '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 ).
(tt) 'Plastic beverage bottles' means plastic containers with narrow necks, or mouth openings smaller than the diameter of the container bottles used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those for containing motor oil, detergent, or other household products.

(uu) 'Printing and Writing Papers' include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, office 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).
(vv) 'Prohibited Container Contaminants' means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials or Source Separated Green Container Organic Wastes; (iv) Excluded Waste placed in any container; and (v) Plastic, biodegradable and compostable bags are not identified as acceptable in the Blue Container for Source Separated Recyclable Materials and the Green Container for Source Separated Organics Materials.
(ww) 'Recovery' means any activity or process described in 14 CCR Section 18983.1 (b). Recovery has the same meaning as in 14 CCR Section 18982(a)(49) if otherwise defined.
(xx) 'Recycling' has the same meaning as set forth in Public Resources Code Section 40180, as it may be amended from time to time.
(yy) 'Remote Monitoring' means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
(zz) 'Responsible Party' means both the person or party who is in immediate control of the premises, activity or operation, and the property owner where the violation is located.
(aaa) 'Restaurant' means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption. Restaurant has the same meaning as in 14 CCR Section 18982(a)(64) if otherwise defined in that section.
(bbb) 'Route Review' means a visual inspection of containers along a Hauler Route for the purpose of determining Contaminated Containers and that may include mechanical inspection methods such as the use of cameras. Route Review has the same meaning as in 14 CCR Section 18982(a)(65) if otherwise defined in that section.

(ccc) '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 from time to time.
(ddd) 'SB 1383 Regulations' means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California's Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations.
(eee) 'Self-Hauler' means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-Hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section. (fff) 'Single-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with fewer than five (5) units. SingleFamily Residential Dwelling does not include hotels, boardinghouses, or other transient occupancy facilities that are considered Commercial Businesses.
(ggg) '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 semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) 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); (iii) 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. (hhh) '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 Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. (iii) '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).

Ujj) '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.
(kkk) 'State' means the State of California.
(Ill) '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.

Supermarket has the same meaning as in 14 CCR Section 18982(a)(71) if otherwise defined in that section.
(mmm) 'Tier One Commercial Edible Food Generator' means a Commercial Edible Food Generator that is one of the following: (i) Supermarket; (ii) Grocery Store with a total facility size equal to or greater than 10,000 square feet; (iii) Food Service Provider; (iv) Food Distributor; or (v) Wholesale Food Vendor.

Tier One Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(73) if otherwise defined in that section. (nnn) 'Tier Two Commercial Edible Food Generator' means a Commercial Edible Food Generator that is one of the following: (i) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (ii)

hotel with an on-site Food Facility and 200 or more rooms; (iii) health facility with an on-site Food Facility and 100 or more beds; (iv) Large Venue; (v) Large Event; (vi) 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; or (vii) a Local Education Agency facility with an on-site Food Facility. Tier Two Commercial Edible Food Generator has the same meaning as in 14 CCR Section 18982(a)(7 4) if otherwise defined in that section. (ooo) '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. Wholesale Food Vendor has the same meaning as in 14 CCR Section 189852(a)(76) if otherwise defined in that section.

7.30.030 Single-Family Residential Dwelling Occupants.

Single-Family Residential Dwelling Occupants (Multi-Family Residential Dwellings are considered Commercial Businesses) are subject to the following requirements:

A. Single-Family Residential Dwellings shall be automatically enrolled in City's Organic Waste collection services with a minimum Source Separated Recyclable Materials (Blue Container) service level of 35 gallons per week per dwelling unit, and with a minimum Source Separated Green Container Organic Waste (Green Container) service level of 35 gallons per week per dwelling unit. City, acting through its City Manager, shall have the authority to change the minimum required Blue Container and Green Container service levels over time. The Single-Family Residential Dwelling's Blue Container and Green Container service levels must be sufficient for the amount of Source Separated Recyclable Materials and Source Separated Green Container Organic Waste generated by the Single-Family Residential Dwelling. City shall have the right to review the number, size, and location of a generator's Blue and Green Containers to evaluate adequacy of capacity for each type of collection service for proper separation of materials and containment of materials. Single-Family Residential Dwelling Occupants shall adjust their Blue and Green Container service levels as requested by the City.

B. Single-Family Residential Dwelling Occupants shall participate in the City's three-container (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as follows:

1. Single-Family Residential Dwelling Occupants shall place Source Separated Green Container Organic Waste in the Green Container;

2. Single-Family Residential Dwelling Occupants shall place Source Separated Recyclable Materials in the Blue Container; and

3. Single-Family Residential Dwelling Occupants shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Nothing in this section prohibits Single-Family Residential Dwelling Occupants 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).

7.30.040 Commercial Businesses.

Commercial Businesses (Including Multi-Family Residential Dwellings) are subject to the following requirements:

A. Subscribe to City's three-container collection services and comply with requirements of those services as described below in Section 7.30.040 (B), except Commercial Businesses that meet the Self-Hauler requirements in Section 7.30.090 of this Chapter. The City shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.

B. Except for those that meet the Self-Hauler requirements of this chapter, Commercial Businesses shall participate in and comply with City's threecontainer (Blue Container, Green Container, and Gray Container) collection service by placing designated materials in designated containers as follows:

1. Commercial Businesses shall place Source Separated Green Container Organic Waste in the Green Container;

2. Commercial Businesses shall place Source Separated Recyclable Materials in the Blue Container; and

3. Commercial Businesses shall place Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container.

C. Commercial Businesses shall supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections 7.30.040(0)(1) and (0)(2) below), for use by employees, contractors, tenants, and customers, consistent with City'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

7.30.090.

D. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all areas where disposal containers are provided for customers, except for restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then it is not required to provide that container type. Pursuant to 14 CCR Section 18984.9(b), the containers provided by Commercial Businesses shall have at least one of the following characteristics:

1. A body or lid that conforms with the container colors provided through the collection service provided by the City. A Commercial Business is not required to replace non-compliant functional containers purchased prior to January 1, 2022 until the end of their useful life, or January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.

E. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall prohibit employees from placing materials in a container not designated for those materials consistent with City's Blue Container, Green Container, and Gray Container collection service.

F. Commercial Businesses, excluding Multi-Family Residential Dwellings, shall periodically inspect Blue Containers, Green Containers, and Gray Containers for Prohibited Container Contaminants, inform employees if contamination is found, and if so, of the required material sorting procedures.

G. Commercial Businesses shall annually provide information to employees, contractors, tenants, and customers that describes Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.

H. Commercial Businesses shall provide educational information to new tenants within fourteen (14) days of their occupation of the premises that describes the requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste, and that the location of containers and the rules governing their use on the premises.

I. Commercial Businesses shall provide, or arrange for, access to their premises for the City, or its Designee, during inspections conducted in accordance with Section 7.30.110 to confirm compliance with the requirements of this chapter.

J. If applicable, Commercial Businesses shall accommodate and cooperate with City'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 7.30.040(8). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers.

K. A Commercial Business may, at its option, and subject to any approval required from the City, implement a Remote Monitoring program, if applicable, 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 City or its Designee.

L. If a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090.

M. Nothing in this chapter prohibits a Commercial Business from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site.

N. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 7.30.060.

7.30.050 Waivers for Generators.

A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with

some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 7.30.050.A. 1 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 document as noted in Section 7.30.050.A.1 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 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 Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.

2. Notify the City if any circumstances change such that Commercial Business's Organic Waste exceeds thresholds required for waiver, in which case waiver will be rescinded.

3. Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.

B. Review and Approval of Waivers by City. The City Manager or the City Manager's designee shall be responsible for review and determination of any waiver submitted to the City for approval.

7.30.060 Commercial Edible Food Generators.

A Pursuant to 14 CCR Section 18991.3, Tier One Commercial Edible Food Generators must comply with the requirements of Section 7.30.060 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing food services, but that allow food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of Section 7.30.060.C, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with all of the following:

1. Shall arrange to recover the maximum amount of Edible Food that would otherwise be disposed. A Commercial Edible Food
Generator shall comply with the requirements of this section through a contract or written agreement with any of the following:
a. Food Recovery Organizations or Food Recovery Services that will collect their Edible Food for Food Recovery.
b. Food Recovery Organizations that will accept the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

2. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

3. Pursuant to 14 CCR Section 18991.4, shall maintain a record that includes the following information:
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 that the Commercial Edible Food Generator has a contract or written agreement with:
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 selfhauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that food will be collected or self-hauled.

iv. The quantity of food, measured in pounds recovered
per month, collected or self-hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.

4. Pursuant to 14 CCR Section 18995.1 (a)(2), shall allow City Enforcement Officials or Designee access to the premises to ensure compliance with this chapter, including the record keeping requirements in Section 7.30.060.C.3.

D. Commercial Edible Food Generators shall provide the City or Designee with an annual written Food Recovery report that includes the information described in Section 7.30.060.C.3, as follows:

1. By August 1, 2022, Tier One Commercial Edible Food Generators must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022. Beginning in year 2023, and every year thereafter, Tier One Commercial Edible Food Generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.

2. Beginning in year 2025, and every year thereafter, Tier Two Commercial Edible Food Generators must provide written annual reports by March 1 for the period covering the entire previous calendar year.

E. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, as amended from time to time.

7.30.070 Food Recovery Organizations and Food Recovery Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators through a contract or written agreement shall maintain the following records:

1. The name, address, and contact information for each Commercial Edible Food Generator from which the Food Recovery 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 through a contract or written agreement shall maintain the following records:

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that are located in the City and contract with or have written agreements with Commercial Edible Food Generators shall annually report to City or Designee the total pounds of Edible Food they recovered from Commercial Edible Food Generators, as follows:

1. By August 1, 2022, Food Recovery Organizations and Food Recovery Services must provide an initial written annual report for the period of January 1, 2022, through June 30, 2022.

2. Beginning in year 2023, and every year thereafter, Food Recovery Organizations and Food Recovery Services must provide written annual reports by March 1 for the period covering the entire previous calendar year.

D. Food Recovery Services and Food Recovery Organizations operating in the geographic boundaries of the City shall provide information upon City's or Designee's request regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization shall respond to City's or Designee's request for information within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee.

7.30.080 Facility Operations and Community Composting Operations.

A. The Franchisee providing residential, Commercial, or industrial Organic Waste collection services to generators within the City's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:

1. Through written notice to the City annually on or before January 31, identify the facilities to which they will transport Organic Waste, including facilities for Source Separated Recyclable Materials and Source Separated Green Container Organic Waste.

2. Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.

3. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the City's Construction and Demolition Debris Diversion Deposit Program Ordinance (Chapter 14.27).

B. Franchisee's authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, entered into with City.

C. 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, upon City's or Designee's request, shall 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 City or Designee shall respond within 60 calendar days, unless a shorter timeframe is otherwise specified by City or Designee.

D. Community Composting operators, upon City's or Designee's request, shall provide information relating to 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 City or Designee shall respond within 60 calendar

days, unless a shorter timeframe is otherwise specified by City or Designee.

7.30.090 Self-Haulers.

A. Self-Haulers shall comply with the following source separation and waste processing requirements:

1. Self-Hauler shall haul comingled wastes that they generate, including Organic Waste, to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3; or

2. Self-Hauler shall Source Separate all recyclable materials and Organic Waste that is accepted in City's Organic Waste and recycling collection program, which is generated on-site, from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2.
a. Self-hauler shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and b. Self-hauler shall 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, or to a High Diversion Organic Waste Processing Facility.

B. Self-Haulers that meet the requirements of Section 7.30.090(A)(2) must still comply with La Mesa Municipal Code Section 7.20 for the management of Gray Container Waste.

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, property, or High Diversion Organic Waste Processing Facility that processes or recovers Organic Waste. This record shall be subject to inspection by City or Designee, The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste. Notwithstanding the foregoing, 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 waste received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

D. A Single-Family Residential Dwelling Organic Waste Generator that self hauls Organic Waste is not required to record or report information in Section 7.30.090(C).
7 .30.100 Model Water Efficient Landscaping Ordinance Requirements.

A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (SingleFamily, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 7.30.100 of this Chapter.

B. The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.

C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 14(a) above shall:

1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, Compost at a rate of a
minimum of four cubic yards per 1,000 square feet of
permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape

area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or postconsumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled postconsumer organic products are not locally available.

Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

2. If, after the adoption of this Ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter

2.7 shall be enforced.

7.30.110 Inspections and Investigations.

A. City Enforcement Officials or Designee are authorized to conduct Route Reviews, waste evaluations, and compliance reviews, as well as inspections and investigations of collection containers, equipment, facilities, activities, and properties subject to this chapter at reasonable times and in a reasonable manner to carry out the purposes of this chapter. If entry for an inspection is refused by an owner, occupant, or agent, an inspection warrant shall be obtained prior to inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 7.30.040(8) of this Chapter, City may, at its option, and if applicable, conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 7.30.040(K) of this Chapter.

B. City or Designee shall receive written complaints from persons, including anonymous complaints, regarding Commercial Edible Food Generators, Food Recovery Services, or Food Recovery Organizations that may be non-compliant with this chapter.

7.30.120 Enforcement.

A. Violation of any provIsIon of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by the City's

Enforcement Official or representative. Enforcement Actions under this Chapter are issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this Chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

C. Notice of violations shall be issued by an Enforcement Official to the Responsible Party by personal service, by mail, or posting of property in accordance with La Mesa Municipal Code Chapter 1.07.040. The notice of violation shall include the following information:

1. The name of the person(s) responsible for committing the violation(s);

2. The date of the violation(s);

3. The street address or a definite description of the location where the violation occurred;

4. The code section(s) violated;

5. A description of the violation;

6. An order prohibiting the continuation or repeated occurrence of the described violation(s);

7. The amount of the administrative fine for the violation(s);

8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

9. A description of the administrative citation appeal process, including the time within which an appeal must be filed; 1 0.A description of the process by which the city may collect any unpaid fines;

11.A description of the potential consequences should the violator continue or repeat the violation; and

12. The name and signature of the code compliance officer or other authorized agent who issued the administrative citation (the "citing officer").

D. Absent compliance by the respondent within the deadline set forth in a notice of violation, a Responsible Party is subject to an administrative citation and fine, as follows:

1. Pursuant to 14 CCR Section 18997.2, City shall issue administrative citations and fines to Commercial Edible Food Generators, Food Recovery Services and Food Recovery
Organizations that remain non-compliant with this chapter despite issuance of a notice of violation.

2. City has discretion to issue administrative citations and fines against any other entities that remain non-compliant with this chapter despite issuance of a notice of violation.

3. Administrative citations shall be issued by an Enforcement Official in accordance with Chapter 1.07 of the La Mesa Municipal Code.

E. The following administrative fine amounts for administrative citations for violations of this chapter are in accordance of the La Mesa Municipal Code Chapter 1.07.020 as follows:

1. An administrative fine in an amount not to exceed two hundred dollars for the first violation;

2. An administrative fine in an amount not to exceed four hundred dollars for the second violation of the same provision within a twelve-month period commencing on the date of the first violation; and

3. An administrative fine in an amount not to exceed one thousand dollars for the third and any subsequent violation of the same provision within a twelve-month period commencing on the date of the first violation.

7.30.130 Effective Date.

This chapter shall be effective beginning on April 21, 2022."

SECTION 3. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15308 of the CEQA Guidelines because it is an activity undertaken "to assure the maintenance, restoration, enhancement and protection of the environment" and pursuant to Section 15061 (b)(3) because there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this Ordinance irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional to this end, the provisions of this Ordinance are declared severable.

SECTION 5: La Mesa Municipal Code Section 7.20.010 - Definitions is hereby amended as follows:
(b) '"Container' means gray containers, blue containers, and green containers used or intended to be used for the purpose of holding refuse or garbage. (c) 'Bin' means a metal or plastic container constructed to accommodate the equipment used by the contractor for mechanical dumping. (d) 'Reusable containers' means gray containers, blue containers, and green containers made of either metal or plastic and its interior surface shall be smooth and shall have no interior projections which interfere with its emptying; and nothing shall be attached to the outside of the container other than the handles. The top diameter of the container shall be in no case less than any diameter of the container below the top. (f) 'Garbage' means solid waste.
(g) 'Refuse' means cast off materials, including glass, cans, bottles, rags, ashes, trimmings from lawns, shrubbery and trees, leaves, food scraps, food-soiled paper, organic waste, paper, cardboard, wood, bedding, crockery, or the materials from the demolition, alteration or construction of structures, and similar waste materials, except sewage. (i) '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.

U) 'Commercial Business' means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (k) '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.
(I) '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 towels, napkins, and pizza boxes.
(m)'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).
(n) '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.
(o) '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.
(p) 'Multi-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units. Multi-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.
(q) '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). Organic waste is defined and regulated according to Chapter 7.30 of the La Mesa Municipal Code.

(r) 'Self-Hauler' means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person, or a person who back-hauls those materials. Back-haul has the same meaning as in 14 CCR Section 18982(a)(66)(A). Self-Hauler has the same meaning as in 14 CCR Section 18982(a)(66) if otherwise defined in that section. (s) 'Single-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with fewer than five (5) units.

Single-Family Residential Dwelling does not include hotels, boardinghouses, or other transient occupancy facilities that are considered Commercial Businesses.
(t) '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: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) 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); (iii) 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.
(u) '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).
(v) '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.

(w) '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 Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing."
SECTION 6. The LA MESA MUNICIPAL CODE Section 7.20.020 is hereby amended as follows:
"It is unlawful for any person, to collect, convey, transport or cause to be collected, conveyed, or transported any refuse, garbage, or other waste material in violation of the provisions of this chapter; except, if a Commercial Business elects to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090 of the La Mesa Municipal Code."
SECTION 7. The LA MESA MUNICIPAL CODE Section 7.20.040 - Nature of contract is hereby amended as follows:
"Said contract shall contain such terms, conditions and provisions as the Council deems appropriate to ensure that refuse, garbage, and other waste materials are collected from the Single-Family Residential Dwellings, Multi-Family Residential Dwellings, and Commercial Businesses within the City of La Mesa and disposed of." SECTION 8. The LA MESA MUNICIPAL CODE Section 7.20.050 - Unauthorized collection is hereby amended as follows:
"It is unlawful for any person other than the person to whom such contract is awarded to engage in the business of collecting, conveying, or transporting, or to collect, convey, transport, or cause to be collected, conveyed or transported any refuse, garbage or other waste materials; except, if a Commercial Business wants to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090 of the La Mesa Municipal Code."
SECTION 9. The LA MESA MUNICIPAL CODE Section 7.20.075 is hereby amended as follows:
"7.20.075 Refuse receptacles: Single-Family Residential Dwelling, Multi-Family Residential Dwelling, and Commercial Businesses.

(a) It shall be the duty of every tenant, lessee or occupant of any private dwelling house, the keeper of every hotel, restaurant, eating house, boarding house, or other furnished flat or apartment house and of every other person or business having refuse, to provide sufficient gray, blue, and green containers or "one way" containers, except as hereinafter provided; and which when filled within four inches of the top shall contain all refuse which would ordinarily accumulate on said premises between collections. The exterior of such receptacles, including covers, shall be kept clean from accumulated grease or decomposing materials. It shall be unlawful for any person, including refuse collectors, to abuse, damage or destroy any refuse receptacle or cover.
(b) Grass clippings, leaves, yard work debris, branches, or tree limbs are source separated green organic waste that can be placed in the green container; except if a Commercial Business wants to self-haul, it must meet the SelfHauler requirements in Section 7.30.090 of the La Mesa Municipal Code. (c) Branches, tree limbs or other similar debris shall be source separated green organic waste that can be placed in the green container; except if a Commercial Business elects to self-haul, it must meet the Self-Hauler requirements in Section 7.30.090 of the La Mesa Municipal Code. (d) Newspapers and magazines are source separated blue organic waste that can be placed in the blue container.
( e) Refuse when physically left lying loose and when left on public property for more than 24 hours shall constitute an encroachment.
(f) Cardboard boxes shall be flattened or cut to a size that fits comfortably inside the blue container.
(g) Refuse shall not be placed at the curb or rear alley prior to twelve (12) hours before scheduled pickup day.
(h) All containers shall be removed from the curb or rear alley the same day pickup service is rendered.
(i) Garbage shall be source separated for collection."
SECTION 10. LA MESA MUNICIPAL CODE Section 7.20.180 - Hauling own refuse is hereby amended as follows:
"Nothing contained in this chapter shall prevent any householder or person occupying private Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or any Commercial Business, except in the downtown business area as

described in the following section, from hauling refuse accumulated upon their premises out of this City for disposal so long as said householder, person or business, hauls said refuse in a vehicle owned by said householder, person or business, and it is a proper vehicle for such hauling. Refuse shall be temporarily stored in a manner consistent with this chapter, and shall be allowed to accumulate no more than seven days prior to hauling and disposal by said householder, person or business." SECTION 11. LA MESA MUNICIPAL CODE Section 7.20.190 - Downtown business district is hereby amended as follows:
"Any householder or person occupying private Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or commercial building within the downtown business area described on map, marked Exhibit "A," attached hereto and made a part hereof, shall subscribe to refuse collection services. Enclosed structures for refuse containers will be provided by the city. The land owners and/or persons occupying the Single-Family Residential Dwellings, Multi-Family Residential Dwellings, or commercial buildings shall pay a prorata share for the cost of refuse collection at these locations. On or before January of each year, the city council shall determine an equitable and fair proration for the cost of collection of refuse within the downtown business district."
SECTION 12. LA MESA MUNICIPAL CODE is hereby amended by adding a new Section 7.20.200 Shared collection services, as follows:
"7 .20 .200 Shared collection services.

A. For Commercial Business and Multi-Family Residential Dwellings, separate properties may share refuse collection services provided that all the following are met:

1. A property owner, property manager, or a property owners' association agrees to subscribe to the Collection Service(s) on behalf of all of the properties sharing the service and to pay the corresponding service charges;

2. The party subscribing to the refuse collection service(s) agrees to take responsibility for all aspects of the service, including corrective actions if a shared collection container is determined to be a "contaminated container," as defined in 7.30.020;

3. The Franchisee is informed of and approves which properties are sharing which refuse collection service(s);

4. The properties sharing the refuse collection service(s) are contiguous, and solid waste materials do not have to be moved on or across a public street from the point of generation to a collection container; and

5. Gray, blue, and green collection containers are reasonably convenient and accessible to all occupants and tenants sharing the refuse collection service(s).

8. For the organic waste and recyclable materials services, two or more adjacent properties may share organic and recyclable materials collection containers while individually subscribing to and paying for solid waste collection service provided that:

1. The other provisions of this Section are met;

2. The shared services meet the adequate level of collection service standards; and

3. The shared services shall be reasonably convenient to all occupants or tenants sharing the collection containers."
SECTION 13. LA MESA MUNICIPAL CODE Section 7.22.010 - Definitions is hereby amended as follows:
(b) '"Collection' means the act of collecting solid waste materials or recyclables at Single-Family Residential Dwellings, Multi-Family Residential Dwellings, Commercial Businesses, industrial, or governmental sites, and hauling it to a facility for processing, transfer, or disposal.
(d) 'Commercial recyclables' means recyclable materials from Commercial Business waste stream including, but not limited to, newspaper, plastic beverage bottles, colored plastic bottles, aluminum, tin and bi-metal cans, yard wastes, organic waste, white goods (appliances), glass bottles and jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(f) 'Designated recyclable materials' means materials that are recyclable and/or reusable within the following categories of Single-Family Residential Dwellings, Multi-Family Residential Dwellings, Commercial Businesses (office and hospitality), and industrial as defined more specifically within each category as listed within this chapter.
(g) 'Garbage' means solid waste.
(I) 'Multi-family residential recyclables' means those specific recyclable materials from the residential waste stream including, but not limited to, newspaper, plastic beverage bottles, colored plastic bottles, aluminum, tin and bi-metal cans, yard wastes, organic waste, white goods (appliances), glass bottles and

jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(v) 'Single family residential dwelling recyclables' means those specific recyclable materials from the residential waste stream including, but not limited to, newspaper, mixed paper, plastic beverage bottles, colored plastic bottles, aluminum, tin and hi-metal cans, yard wastes, organic waste, white goods (appliances), glass bottles and jars, metal, paper products, printing and writing papers, and non-organic recyclables.
(w) '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: (i) Hazardous waste, as defined in the State Public Resources Code Section 40141; (ii) 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); (iii) 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.
(x) 'Tin and bi-metal cans' means any steel food and beverage containers with a tin or aluminum plating.
(y) 'White goods' means kitchen or other large enameled appliances. (z) 'Yard wastes' means leaves, grass, weeds and wood materials from trees and shrubs.
(aa) '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.
(bb) 'Commercial' or 'Commercial Business' means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forPage 34 of 38

profit or nonprofit, strip mall, industrial facility, or a Multi-Family Residential Dwelling. A residential dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter. (cc) '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 City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or Ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in the City'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 the City, or its Designee, to potential liability.
(dd) '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.
(ee) '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).
(ff) '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.
(gg) 'Metal' means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding and other recyclable manufactured metal items;
(hh) 'Multi-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with five (5) or more dwelling units.

Multi-Family Residential Dwelling does not include hotels, boardinghouses or other transient occupancy facilities that are considered Commercial Businesses.
(ii) '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).

OD '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).
(kk) '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 ).
(II) '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),
(mm) 'Recycling' has the same meaning as set forth in Public Resources Code Section 40180, as it may be amended from time to time.
(nn) 'Single-Family Residential Dwelling' means a building or portion thereof used exclusively for residential purposes with fewer than five (5) units. SingleFamily Residential Dwelling does not include hotels, boardinghouses, or other transient occupancy facilities that are considered Commercial Businesses. (oo) '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 Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing. (pp) '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).
(qq) '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."
SECTION 14. LA MESA MUNICIPAL CODE Section 7.22.030 - Segregation of recyclable materials is hereby amended as follows:
"It shall be mandatory on the dates specified by council resolution designating materials to be recycled that such recyclable materials be source separated into the blue container from gray container waste and source separated green container organic waste, rubbish or garbage for separate collection or removal." SECTION 15. This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in the Daily Transcript within 15 days of its adoption.

INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of March 2022, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of March 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:

MARK ARAPOSTATHIS, Mayor
ATTEST:

MEGAN WIEGELMAN, CMG, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2022- duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

MEGAN WIEGELMAN, CMG, City Clerk
(SEAL OF CITY)