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“Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Food Waste” means source‐separated food scraps and food‐soiled paper. “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 waste that is prohibited in the blue or green container. “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 placements 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)
“Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated organic waste. "Green Waste" means tree trimmings, wood stumps, small pieces of wood, grass cuttings, dead plants, leaves, branches, flowers, plant stocks, and dead trees (not more than six (6) inches in diameter or forty-eight (48) inches in length) and similar materials.** “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility.
For purposes of 14 CCR, Division 7, Chapter 12 and this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7 Chapter 12 and this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter. “Multi-Family” or "Multi-Family Dwelling" or “Multi-Family Residential Dwelling” means any building or lot containing three (3) or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Multi-family dwelling units generally receive refuse collection service through the use of shared bins but may use carts. Service is not dependent upon unit count unless specifically stated.
Ordinance No. 1088
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“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 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)(51) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, handing files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
“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 card, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
“Prohibited Container Contaminants” means the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city’s blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city’s green container; (iii) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in city’s green container and/or blue container; and, (iv) excluded waste placed in any container. “Person” has the same meaning as in Public Resources Code Section 40170, which states that a person includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
"Premises" means any land or building in the city where solid waste is generated or accumulated. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
“Recycle” or "Recycling" means the process of collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. "Recyclable Materials" means solid waste that is source separated, is reasonably free of solid waste according to acceptable local facility standards, has some potential economic value, and is set aside, handled, packaged, or offered for collection in a manner different from refuse in order to allow it to be processed for recycling. Organic materials that are source separated are not considered recyclable materials for purposes of this contract regardless of potential economic value.
Ordinance No. 1088
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“Refuse” means solid waste or debris, except sewage, construction and demolition debris, recyclable materials, and/or organic waste placed in source separated containers for collection. “Regulated Entity” means organic waste generators, commercial businesses (including multi- family residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. “Residential” refers to services performed at and for residential premises, which include both single-family dwellings and multi-family dwellings.
“Residential Premises” means premises upon which dwelling units exist, including, without limitation, single family dwellings, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and other multiple dwellings. Notwithstanding any provision to the contrary herein, in the Lancaster municipal code, or otherwise, premises upon which the following uses are occurring shall not be deemed to be residential premises, and rather shall be deemed to be commercial premises: assisted living facilities, convalescent homes, dormitories, extended stay motels, group residential facilities, group care facilities, hotels, motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as commercial premises as determined by the city on a case by case bases. “Route Review” means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
“SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
“Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
“Solid Wasteʺ means “Solid Waste as defined in Public Resources Code 40191, including, but not limited to, putrescible and non-putrescible refuse, special waste, recyclable materials, construction and demolition debris, and green waste.
"Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). Source separated shall include separation of materials by the Waste 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 Ordinance No. 1088
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separated materials are separated from gray container waste and other solid waste for the purposes of collection and processing.
“State” means the State of California.
“Tier One Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:
A. Supermarket.
B. Grocery store with a total facility size equal to or greater than 10,000 square feet.
C. Food service provider.
D. Food distributor.
E. Wholesale food vendor.
“Tier Two Commercial Edible Food Generator” means a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982:
A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
B. Hotel with an on‐site food facility and 200 or more rooms.
C. Health facility with an on‐site food facility and 100 or more beds.
D. Large venue.
E. Large event.
F. 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.
G. A local education agency with an on‐site food facility. "Waste Generator" means any person as defined by the Public Resources Code, whose act or process produces solid waste as defined in the Public Resources Code, or whose act first causes solid waste to become subject to regulation.
8.13.030. Requirements for Single-Family Generators.
Single-family organic waste generators shall comply with the following requirements:
A. Shall subscribe to the city’s organic waste collection services for all organic waste generated as described below in section B. City and/or designee shall have the right to review the number and size of a generator’s containers to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and each single-family generator shall adjust its service level for its collection services as requested by city and/or designee. Generators may additionally manage their organic waste by preventing or reducing their organic waste generation, managing organic waste on site, and/or using a community composting site pursuant to 14 Ordinance No. 1088
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CCR Section 18984.9(c). ***
B. Shall participate in the city’s organic waste collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
C. Shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.
8.13.040. Requirements for Commercial Businesses.
Generators that are commercial businesses, including multi-family residential dwellings, shall:
A. Subscribe to the city’s three-container collection services and comply with the requirements of those services as described below B. City and/or designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate the 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 city and/or designee.
B. Participate in the city’s organic waste collection services by placing designated materials in designated containers. Generator shall place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. generator shall not place materials designated for the gray container into the green container or blue container.
C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections D.1 and D.2 below) for employees, customers, tenants, and persons or entities that contract with the generator, consistent with the city’s blue container, green container, and gray container collection service
D. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by the city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior Ordinance No. 1088
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to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement in Section D pursuant to 14 CCR Section 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the city’s blue container, green container, and gray container collection service
G. Excluding multi-family residential dwellings, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
H. Annually provide information to employees, customers, tenants, and persons or entities that contract with the generator about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the city and/or designee to their properties during all inspections conducted in accordance with chapter 13.18 to confirm compliance with the requirements of this ordinance.
K. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
L. Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to sections 8.13.060 and 8.13.070 of this chapter.
8.13.050. Waivers for Generators.
Ordinance No. 1088
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A. De minimis waiver – 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
8.13.050.A.2 below. Commercial businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver form and provide documentation as noted in section 8.13.050.A.2 below.
2. Provide documentation that either:
a. The commercial business’s total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business’ total waste; or b. The commercial business’ total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business’ total waste.
3. Notify the city if circumstances change such that commercial business’s organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every 5 years, if the city has approved de minimis waiver.
B. Physical space waivers – The city may waive a commercial business’s or property owner’s obligations (including multi-family residential dwellings) to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lack adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.
3. Provide written verification to the city that it is still eligible for a physical space waiver every five years, if the city has approved an application for a physical space waiver.
Ordinance No. 1088
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8.13.060. Requirements for Commercial Edible Food Generators.
A. Tier one commercial edible food generators must comply with the requirements of this section, commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (i) the collection of edible food for food recovery; or (ii) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city and/or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those food recovery services or food recovery organizations:
i. The name, address and contact information of the food recovery service or food recovery organization.
ii. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
iii. The established frequency that food will be collected or self- hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food Ordinance No. 1088
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recovery organization for food recovery.
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.13.070. Requirements for Food Recovery Organization and Services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service from which the organization receives edible food for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city it is located in the total pounds of edible food recovered in the previous Ordinance No. 1088
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calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).
D. Food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city.
8.13.080. Requirements for Hauler and Facility Operators.
A. The city’s exclusive franchised hauler shall be required to comply with the SB 1383 regulations.
B. Requirements for facility operators and community composting operations:
1. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the city’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days.
2. Community composting operators, upon the city’s request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days.
8.13.090. Inspections and Investigations by the City.
A. City and/or designee are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by organic waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city and/or designee to enter the interior of a private residential property for inspection.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city and/or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any inspection or Ordinance No. 1088
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investigation is a violation of this ordinance.
C. Any records obtained by city and/or designee during its inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. City and/or designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
E. The city shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
8.13.100. Enforcement.
A. Violation of any provision of this chapter shall constitute a public nuisance and shall be punishable pursuant to chapters 1.12 and 1.16 of the Lancaster Municipal Code.
B. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period of not more than one year, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
C. The city may issue an administrative citation for each violation of this chapter pursuant to the procedures set forth in chapter 1.16; provided, however, that notwithstanding the provisions of subsection 1.16.100.A, the penalty amounts of administrative citations issued for violations of this chapter shall be as set forth in subsection 8.13.100.G, below:
D. In lieu of or in addition to the foregoing, the city may collect any and all abatement and related administrative costs pursuant to the provisions of section 8.28.210.
E. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law. Any administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to correct or abate any unlawful nuisance condition or use. A civil or criminal action may be brought concurrently with any other process regarding the same violation.
F. Process for Enforcement
1. The city and/or designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and/or an inspection program.
2. The city and/or designee may issue an official notification to notify regulated entities of its obligations under this chapter.
3. For incidences of prohibited container contaminants found in containers the Ordinance No. 1088
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city and/or designee will notify the generator of the violation.
4. The city and/or designee shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
5. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city and/or designee may commence enforcement pursuant to chapter 1.12 and/or 1.16.
G. The penalty amounts for administrative citations issued for violation of this chapter are as follows:
1. For a first violation, the amount of the penalty shall be $50 per violation.
2. For a second violation, the amount of the penalty shall be per violation.
3. For a third or subsequent violation, the amount of the penalty shall be $250 per violation.
H. Compliance deadline extension considerations. The city and/or designee may extend the compliance deadlines set forth in a notice of violation issued pursuant to this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
I. Education period for non-compliance - beginning January 1, 2022 and continuing through December 31, 2023, the city and/or designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city and/or designee determines that organic waste generator, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter, as well as a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
J. Civil penalties for non-compliance. Beginning January 1, 2024, if the city and/or designee determines that an organic waste generator, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action as needed, necessary and/or appropriate.
STAFF REPORT
City of Lancaster
CR 1
2/22/2022
JC
Date: February 22, 2022
To: Mayor Parris and City Council Members
From: Vice Mayor Marvin Crist
Subject: Summary of the January 25, 2022, Board of Directors Meeting for the Antelope Valley Transit Authority (AVTA)
The AVTA is a distinct government entity created under a joint powers authority agreement between the City of Lancaster, the City of Palmdale, and Los Angeles County that provides public transit services. Vice Mayor Marvin Crist serves as the Chairman, and Councilman Raj Mahli serves as a Director on behalf of the City of Lancaster.
The AVTA is a distinct government entity created under a joint powers authority agreement between the City of Lancaster, the City of Palmdale, and Los Angeles County that provides public transit services. Vice Mayor Marvin Crist serves as the Chairman, and Councilman Raj Mahli serves as a Director on behalf of the City of Lancaster.
The following is a summary of the item discussed during the Regular Board of Directors Meeting of the Antelope Valley Transit Authority (AVTA) held on January 25, 2022.
The following members were present:
Chairman Marvin Crist
Vice Chair Dianne Knippel
Director Raj Mahli
Director Michelle Flanagan
Director Steve Hofbauer
Director Richard Loa
The following action was taken:
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8 The Board authorized the Executive Director/CEO to execute Contract #2022-34 to Stertil- Koni USA, Inc., through the State of California Multiple Award Schedule Contract #4-21- 08-1057, Quote # 3162, for 18 vehicle lifts with 111,000 lb. capacity for an amount not to exceed $291,334.15, including applicable sales tax. Approved (6-0-0-0). The Board authorized the Executive Director/CEO to execute Sole Respondent Contract #2022-21 with US Hybrid Corporation, Torrance, CA, to purchase 19 battery-electric ADA compliant vans for an amount not to exceed $4,824,556.00, plus applicable sales tax.
The meeting was adjourned to Tuesday, February 22, 2022.
CVH/jr
STAFF REPORT
City of Lancaster
CR 2
2/22/2022
JC
Date: February 22, 2022
To: Mayor Parris and City Council Members
From: Jeff Hogan, Senior Director - Development Services Subject: Report on the Activities of the Board of Directors Meeting for District No. 14 of the County Sanitation Districts of Los Angeles County
District No. 14 of the County Sanitation Districts of Los Angeles County is organized to receive, through their trunk sewers, the wastewater from all of the City of Lancaster, a small region of the westerly portion of the City of Palmdale, and a smaller region of the unincorporated County of Los Angeles. A Board of Directors, comprised of one representative from each City and the County, generally meets monthly to review and decide upon the business of the District.
The following is a summary of the items discussed during the Special Board of Directors Meeting of the Los Angeles County Sanitation District No. 14 held on February 10, 2022.
The following members were present:
Alternate Director Marvin Crist (Chair pro tem)
Alternate Director Kathryn Barger
Director Hofbauer
The following actions were taken:
Minutes of Special Meeting Held January 13, 2022
Approve Minutes of Special Meeting Held January 13, 2022.
Approved (3-0-0-0)
District Expenses for the Month of December 2021
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6 Approve December 2021 Expenses in Amount of $1,391,992.15.
Local District Expenses:
Operations & Maintenance (O & M) $ 1,068,711.43 Capital 65,898.04 Legal 877.50 Allocated Expenses:
Joint Administration 119,284.50 Technical Support 135,630.37 Legal 1,590.31 Total Expenses $1,391,992.15 Approved (3-0-0-0)
Approve Resolution of the Board of Directors of County Sanitation District No. 14 of Los Angeles County Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency on March 4, 2020, by California Governor and Authorizing Remote Teleconference Meetings of the Legislative Body
Summary: Remote teleconferenced meetings, during the continued existence of the Governor’s proclaimed state of COVID-19 emergency, will be conducted under the provisions of AB 361 which added California Government Code Section 54953(e), to the Brown Act. Under the provisions of AB 361 and Government Code Section 54953(e), each District must adopt, by majority vote, a resolution making certain findings about the continuing COVID state of emergency and health and safety risks of conducting their meeting in person. By statute, this Resolution and its referenced findings are only legally valid for 30 days. The Resolution is attached to the agenda.
Approved (3-0-0-0)
Authorize Extension of Purchase Order to Irrigation Training and Research Center (ITRC) in Amount of Approximately $136,500 to Provide Agricultural Consulting Services and Vadose Zone Monitoring System Maintenance at Lancaster Water Reclamation Plant (WRP) Eastern Agricultural Site (EAS) for Approximately 18 months Summary: In March 2018, the Board issued a purchase order to ITRC, low responsive bidder pursuant to a competitive selection process, for a 4.5-year period to perform permit required work at the Lancaster WRP EAS. ITRC supports groundwater monitoring and provides an agricultural expert to assure that recycled water is applied to crops at the EAS at or below agronomic rates.
There are permit related activities that have been initiated but will not be completed within the original period. ITRC has offered to continue providing support to complete the work at no change to the hourly rate in the existing purchase order. An 18-month extension at this time would be in the best interests of the Districts. Staff has determined that the activities described herein are exempt or otherwise not subject to the provisions of the California Environmental Quality Act 8 2
6 (CEQA) pursuant to California Public Resources Code Sections 21084 and Title 14 of the California Code of Regulations (“CEQA Guidelines”) Sections 15301 and 15308. This item is consistent with the Districts’ Guiding Principles of commitment to fiscal responsibility and prudent financial stewardship; and commitment to operational excellence (protection of public health and the environment, regulatory compliance, and cost effectiveness).
Approved (3-0-0-0)
Re: Annexation No. 434 to District
a) Adopt Resolution for Making Application to Local Agency Formation Commission (LAFCO) for Annexation and Consent to Waiver of Protest Proceedings. b) Adopt Joint Resolution with County of Los Angeles, Antelope Valley Cemetery District, Antelope Valley Resource Conservation District, and Antelope Valley - East Kern Water Agency, Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation.
Summary: Annexation No. 434 consists of one proposed auto service shop. Each annexation to the District’s service area requires adoption of two resolutions by the Board. The first resolution authorizes submittal of the annexation application to LAFCO and consents to a waiver of the LAFCO protest hearing. The second resolution is a joint resolution with agencies that already provide services to the proposed annexation territory, agreeing to the amount of property tax revenue that will be apportioned to the District in accordance with the Revenue and Taxation Code.
A data sheet, map, and Notice of Finding are attached.
Approved (3-0-0-0)
Re: Wastewater Revenue Program
a) Introduce An Ordinance Prescribing the Service Charge Rate and Mean Loadings per Unit of Usage for County Sanitation District No. 14 of Los Angeles County and Providing for the Collection of Such Charges on the Tax Roll, and Waive Reading of Said Ordinance in its Entirety,
b) Introduce An Ordinance Prescribing Industrial Wastewater Surcharge Rates for County Sanitation District No. 14 of Los Angeles County, and Waive Reading of Said Ordinance in its Entirety,
c) Order Wastewater Service Charge Report, Containing Description of Each Parcel and Amount of Proposed Wastewater Service Charge for Fiscal Year 2022-23 for Each Parcel, Filed with Clerk of Board of Directors of District,
d) Establish Date, Time, and Place for Public Hearing on Report; Order Publication of Required Public Notices, and Authorize Secretary to Board to Revise Date, Time, and Place for Public Hearing if Required Due to Scheduling Conflicts,
Summary: The service charge rate is currently $40.66 per month per single-family home ($487.88 per year). The service charge rate for fiscal year 2022-23, as previously adopted by the Board, is $43.63 per month ($523.52 per year). Based on review of the upcoming operating expenses, capital projects and reserve targets, staff recommends that the service charge rate remain at $487.88 per 8 2
6 year and that industrial wastewater surcharge rates remain unchanged. In addition, filing of the Service Charge Report is required each year in order to collect the wastewater service charge on the property tax roll. A letter describing the proposed rates and required Board actions together with a copy of the Service Charge Report, the preliminary budget, the proposed service charge rate and industrial wastewater surcharge rate ordinances accompany the agenda. This item is consistent with the Districts’ Guiding Principles of commitment to fiscal responsibility and prudent financial stewardship; and to plan for both short-term and long-term needs to minimize the need for significant rate increases.
Approved (3-0-0-0)
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