Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
February 16, 2022
Closed Session 5:30 p.m.
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, City Clerk
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.
Documents and material relating to open session agenda items that are provided to the full City Council prior to a regular meeting will be available for public inspection and copying at City Hall.
City Council agendas and corresponding writings of open session items are available for public inspection at the following locations:
1. City of Ridgecrest City Hall, 100 W. California Ave., Ridgecrest, CA 93555
2. City of Ridgecrest official website at https://ridgecrest-ca.gov/212/City-Council
CITY COUNCIL
Eric A. Bruen, Mayor
L. Scott Hayman, Mayor Pro Tem
Solomon P. Rajaratnam, Vice Mayor
Kyle Blades, Council Member
Peggy Breeden, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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City of Ridgecrest Public Meeting Protocol
In Response to Coronavirus (COVID-19)
City of Ridgecrest Council meetings are OPEN to public attendance. Although Chambers are OPEN, public participation is still encouraged via live streaming, call-in or via written correspondence.
TO PARTICIPATE please call, email, or send mail to the contact info provided below:
The public may use one of the following alternatives for participating in person:
Watch meetings on-line:
All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.
Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented. Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting.
Send emails to [email protected]; written correspondence may be sent to Ricca Charlon, City Clerk, 100 W. California Ave., Ridgecrest, CA 93555. Please specify to which agenda item your comment relates. All communication, whether it is a formal letter or an online informal email, is read by the City Council.
Please click on the link below to access the City Council Agenda, Minutes and Video web page. https://ridgecrest-ca.gov/212/City-Council
If you have any questions please contact us.
Ricca Charlon, City Clerk
Phone: (760) 499-5002
*Revised February 24, 2021
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100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov
NOTICE AND CALL OF A CLOSED SESSION MEETING OF THE
RIDGECREST CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY /
HOUSING AUTHORITY / FINANCING AUTHORITY
TO THE MEMBERS OF THE RIDGECREST CITY COUNCIL / SUCCESSOR
REDEVELOPMENT AGENCY / HOUSING AUTHORITY / FINANCING AUTHORITY, PUBLIC AND CITY CLERK:
PUBLIC NOTICE that a CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:
Wednesday, February 16, 2022 @ 5:30 p.m.
City Council Chambers
100 W. California Avenue
Ridgecrest, California
Said CLOSED SESSION MEETING shall be for the purpose of:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9 Subparts (a), (d)(2) and (e)(3) - Two cases Dated: February 10, 2022
Eric A. Bruen, Mayor / Chair
ATTEST:
Ricca Charlon, City Clerk
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, February 16, 2022 Closed Session – 5:30 p.m.
Regular Session – 6:00 p.m.
City of Ridgecrest Council meetings are OPEN to public attendance. Although Chambers are OPEN, public participation is still encouraged via live streaming, call-in or via written correspondence.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9 Subparts (a), (d)(2) and (e)(3) - Two cases REGULAR SESSION – 6:00 p.m.
Pledge Of Allegiance
Invocation
ATTORNEY REPORT OUT OF CLOSED SESSION
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated February 2, 2022 CHARLON
DISCUSSION / ACTION ITEMS
2. A Resolution Of The Ridgecrest City Council Approving A Purchase And Sale Agreement With PVC Plumbing & Mechanical, Paul Christopher Lilly, For The Southwestern Portion Comprising Approximately 5,200 Sq. Ft. Of The Parcel Located At 1521 N. China Lake Blvd.
Identified As APN 419-073-16 SPURLOCK
3. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – February 16, 2022
ORDINANCE
4. Introduction And First Reading, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Regarding Solid Waste MCKENZIE
COMMITTEE REPORTS
**Committee Meeting dates are subject to change and will be announced on the City website City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Peggy Breeden
Meeting: 1st Thursday each month at 5:30 p.m.
Location: City Hall Council Chambers
Report from 2/3/22
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 1st Tuesday each month at 5:00 p.m.
Location: Kerr McGee Center Meeting Rooms
Report from 2/4/22 -CANCELED
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
Report from 2/8/22 - CANCELED
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 2nd Wednesday of the Month @ 5:00 p.m.
Location: City Hall Council Chambers
Report from 2/9/22
Ridgecrest Area Convention and Visitors Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 3rd Wednesday of the Month, 9:00 a.m.
Location: Kerr McGee Center Meeting Rooms
Report from 2/16/22
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT:
Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated February 2, 2022
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated February 2, 2022 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb. 16, 2022
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT Minutes
February 2, 2022 Closed Session – 5:00 p.m.
Regular Session – 6:00 p.m.
This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by the Ridgecrest City Successor Agency/Financing Authority/Housing Authority. Meetings are recorded solely for the purpose of preparation of minutes.
CALL TO ORDER – 5:01 P.M.
ROLL CALL
Council Present: Mayor Eric A. Bruen; Mayor Pro Tem L. Scott Hayman; Vice Mayor Solomon P.
Rajaratnam; Council Member Peggy Breeden; Council Member Kyle Blades Staff Present: City Manager Strand; City Attorney Koczanowicz (via WebEx); City Clerk Charlon; PW Director Reed; Finance Director Freese; Chief McLaughlin
APPROVAL OF AGENDA
Blades - Breeden: 5 Ayes
NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Vice Mayor Rajaratnam seconded the motion. Ayes, Noes, Absents, Abstentions follow.
PUBLIC COMMENT ON CLOSED SESSION - None
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Mojave Pistachios, LLC v Indian Wells Valley Water District, et al. (Case No. 30-2021-01187275-CU-OR-CJC)
REGULAR SESSION – 6:07 P.M.
ATTORNEY REPORT OUT OF CLOSED SESSION – Report received; no action taken
PRESENTATIONS
1. Ridgecrest Police Dept. Life Saving Awards – Officers Kenney & Stangle MCLAUGHLIN
2. Safely Surrender Baby Proclamation COUNCIL
3. SB1383 – Mandatory Organic Waste Recycling Program HF&H CONSULTANTS
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Public comments heard from S. Connally, S. Gorman, M. Neel
COUNCIL ANNOUNCEMENTS
Rajaratnam – Economic Outlook Conference – 2/24 @ KMCC
Bruen – Ridge Report coming out in the mail to all citizens with a request to complete the brief survey
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – February 2, 2022
CONSENT CALENDAR
4. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated January 19, 2022 CHARLON
Rajaratnam - Hayman: 5 Ayes
DISCUSSION / ACTION ITEMS
5. Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Notice Of Intent To Comply (NOIC) To CalRecycle Under SB 619 MCKENZIE Public comments heard from M. Neel Resolution #22-07
Blades - Rajaratnam: 5 Ayes
6. Proposed Action To Approve A Resolution Of The Ridgecrest City Council Authorizing Submittal Of Application For CalRecycle Senate Bill No. 1383 (SB 1383) Local Assistance Grant Program Resolution #22-08 MCKENZIE
Public comments heard from M. Neel
Blades – Hayman: 5 Ayes
7. A Resolution Approving An Agreement Between The City Of Ridgecrest And The County Of Kern To Provide Fire Protection Services Within The City Of Ridgecrest STRAND Public comments heard from S. Gorman, M. Neel Resolution #22-09 Rajaratnam - Breeden: 5 Ayes
8. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Public comments heard from M. Neel HAYMAN
COMMITTEE REPORTS
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Council Chambers
Report from 1/27/2022 - Discussed Downs St. lighting-waiting on SCE; 5 year rehabilitation update; bike lane infrastructure
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
Kern Council of Governments (KernCOG) – Jan. 20, 2022 – CMAQ went thru City Selection Committee (CSC) – Jan. 20, 2022 – Committees seated throughout the County
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT - 10:12 P.M.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Approving A Purchase And Sale Agreement With PVC Plumbing & Mechanical, Paul Christopher Lilly, For The Southwestern Portion Comprising Approximately 5,200 Sq. Ft. Of The Parcel Located At 1521 N. China Lake Blvd. Identified As APN 419-073-16
PRESENTED BY: Heather Spurlock
SUMMARY:
The City owns the real property located at 1521 N. China Lake Blvd. identified as APN 419- 073-16 (“Property”). This sale is for a section of the Property comprised of approximately 5,200 sq. ft. located in the southwestern portion of the parcel.
The City has not used the Property for public purposes and City Council adopted a Resolution deeming the Property as surplus to the needs of the City. California Government Code Section 37350 authorizes the City to dispose of real property.
The City followed all applicable provisions and timelines of Government Code Sections 54220-54234 and provided notice of availability to all local public entities and housing sponsors, per Health and Safety Code Sections 50079 and 50074. None of those parties expressed interest in the property.
The property was listed, and PVC Plumbing & Mechanical has offered to purchase the property for $25,000.00 which reflects fair market value.
The attached Resolution approves the purchase and sale agreement and authorizes the City Manager to execute the agreement on behalf of the City.
FISCAL IMPACT: Funding for the purchase and transaction cost will come from the buyer.
ACTION REQUESTED:
Approve Resolution authorizing the City Manager to execute the Purchase and Sale Agreement and Joint Escrow Instructions.
CITY MANAGER’S RECOMMENDATION:
Submitted by: Heather Spurlock Action Date: February 16, 2022 This Page Intentionally Left Blank
RESOLUTION NO. 22-XX
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING A
PURCHASE AND SALE AGREEMENT WITH PVC PLUMBING &
MECHANICAL, PAUL CHRISTOPHER LILLY, FOR THE
SOUTHWESTERN PORTION COMPRISING APPROXIMATELY 5,200
SQ. FT. OF THE PARCEL LOCATED AT 1521 N. CHINA LAKE BLVD.
IDENTIFIED AS APN 419-073-16
WHEREAS, the City of Ridgecrest owns certain real property located at 1521 N. China Lake Blvd. comprising of approximately 5,200 SF of the southwestern portion of Assessor Parcel No. 419-073-16 (“Property”). The location of the Property is graphically shown on the attached Exhibit A; and,
WHEREAS, California Government Code Section 37350 authorizes the City to control and dispose of its real property; and,
WHEREAS, the City has not used the Property for a public purpose and the City Council adopted a Resolution deeming the Property is surplus to the needs of the City; and, WHEREAS, Government Code Section 54220 states: “The Legislature reaffirms its declaration that housing is of vital statewide importance to the health, safety, and welfare of the residents of this state and … further declares that a shortage of sites available for housing for persons and families of low and moderate income is a barrier to addressing urgent statewide housing needs and that surplus government land, prior to disposition, should be made available for that purpose”; and,
WHEREAS, City followed all applicable provisions and timelines of Government Code Sections 54220-54234 and provided a notice of availability to all local public entities and housing sponsors, per Health and Safety Code Sections 50079 and 50074 respectively; and, WHEREAS, City received no interest in the property from any of those entities; and, WHEREAS, PVC Plumbing & Mechanical, Paul Christopher Lilly, desires to acquire the Property for development purposes; and,
WHEREAS, the City desires to sell the Property to PVC Plumbing & Mechanical, Paul Christopher Lilly for the sum of $25,000.00, which reflects its fair market value.
NOW THEREFORE, the City Council of the City of Ridgecrest does hereby resolve as follows:
Section 1. That the above recitals are true and correct and are incorporated.
Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions with PVC Plumbing & Mechanical, Paul Christopher Lilly is in substantially the form attached as Exhibit B subject to non-material changes approved by staff and legal counsel. The City Manager or designee is hereby authorized and directed to execute this agreement on behalf of the City, and to sign Resolution 22-XX Page 2 of 2
any related documents and take such further action consistent with this Resolution on behalf of the City as needed to implement this Resolution, including, without limitation, execution and delivery of the deed. The City Manager is authorized to extend times for performance under the Purchase and Sale Agreement.
Section 3. CEQA. This Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15312 for sales of surplus government property, and Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment.
Section 4. The City Clerk shall certify to the adoption of this Resolution. This Resolution is effective immediately.
APPROVED AND ADOPTED this 16th day of February, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric A. Bruen, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
Exhibit A
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT:
Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) PRESENTED BY:
L. Scott Hayman, City Council / IWVGA Representative
SUMMARY:
Report and discussion regarding Board meetings of the IWVGA. Including, Board discussion and consideration of issues of importance requiring action by the IWVGA.
FISCAL IMPACT: None
ACTION REQUESTED: Discuss
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Feb. 16, 2022
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CITY COUNCIL/SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY/HOUSING AUTHORITY AGENDA ITEM
SUBJECT: Introduction And First Reading, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Regarding Solid Waste PRESENTED BY: Megan McKenzie, Administrative Analyst
SUMMARY:
BACKGROUND
Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or other enforceable local regulation requiring organic waste to be diverted from landfills. SB 1383 directs public agencies to reduce organic waste disposal and increase edible food recovery with statewide goals of diverting 75% of organic waste from Landfill (compared to 2014 baseline) and recovering 20% of disposed edible food for human consumption.
In accordance with SB 1383, by January 1, 2022, all jurisdictions must have a mandatory organic waste disposal reduction ordinance in place. Additionally, the Bill mandates that all businesses and residents, as well as multi-family housing, are included in recycling programs that capture food scraps and landscaping debris, among other organic waste materials SB 1383 builds on Assembly Bill 1826 (AB 1826), which went into effect on April 1, 2016.
AB 1826 currently requires any business generating two (2) or more cubic yards of commercial solid waste per week, and multi-family complexes with five or more units, to recycle their organic waste. (Currently, under AB 1826, multi-family complexes are only required to recycle landscape debris.) Hence, in coordination with the City’s waste haulers, the City continues the expansion of the existing organics program. The AB 1826 program leads into the January 1, 2022 implementation of SB 1383.
CalRecycle representatives have stated that passing an organic waste recycling ordinance by the implementation deadline of January 1, 2022, would demonstrate the City’s intent to comply with the law. City has requested a delay in the adoption and implementation of the Ordinance which would allow for Council to take final action on the proposed Ordinance at the first meeting in March. The ordinance must be submitted to CalRecycle by April 1, 2022. CalRecycle will expect jurisdictions to focus on compliance monitoring and education in 2022 and 2023 and to start taking enforcement action against non-compliant entities by January 1, 2024.
KEY REQUIREMENTS
Provide three-container collection services [organic, recycling, solid waste] to all residents within City limits (14 CCR 18984). Currently 92% of Ridgecrest residents participate in voluntary collection services; the remaining 8% of residents will be required to participate in city-wide mandatory collection through the City’s franchise hauler, Waste Management. The City is currently negotiating with the Local Enforcement Agency for a collection frequency waiver to implement bi-weekly collection of solid waste & recycling with the weekly implementation of organics collection. If the City is granted approval to move forward, trash collection costs to residents can be significantly reduced. Commercial & multifamily generators may be eligible to receive waivers from the jurisdiction if specific thresholds are met. (14 CCR 18984.11) Monitor contamination and program compliance and provide education & outreach to violators (14 CCR 18984.5).
Implement food recovery program that educates commercial edible food generators and increases access to food recovery programs
Record keeping & reporting requirements include the annual SB 1383 compliance report (14 CCR 18994). The initial compliance report containing adopted ordinance & reporting items listed in the annual reporting section must be filed with CalRecycle by April 1, 2022.
TEXT AMENDMENTS
Exhibit “A” – Ordinance No. 22-XX
RECOMMENDATION:
Motion To Waive Reading In Full, of an Ordinance Of The City Council Of Ridgecrest, California, Amending the Ridgecrest Municipal Code Regarding Solid Waste. Requires a Second Motion To Introduce By Title Only, of An Ordinance Of The City Council Of Ridgecrest, California, Amending the Ridgecrest Municipal Code Regarding Solid Waste Requires a Second FISCAL IMPACT:
ACTION REQUESTED: Approve recommended motions.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:
Action as requested. Recommends approval.
Submitted by: M. MCKENZIE Action Date: 2/16/22
ORDINANCE NO. 22-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST AMENDING THE RIDGECREST MUNICIPAL CODE
ARTICLE V (TRASH COLLECTION) OF CHAPTER 7 (FRANCHISES) & ARTICLE II (COLLECTION AND DISPOSAL) OF CHAPTER 13 (SOLID WASTE)
WHEREAS, the City Council desires to ensure that the City is in compliance with CalRecycle state mandates; and,
WHEREAS under enacted Senate Bill 1383 (SB 1383), a city must adopt an enforceable ordinance(s) or similar regulation requiring compliance with SB 1383 requirements, including but not limited to: 14 CCR 18984.9.a-e, 18984.9-11, 18988.1-3, 18989.1-3, 18991.5, and 18993.1a; and,
WHEREAS, the City seeks to amend certain sections of the Ridgecrest Municipal Code in conformity with the requirements of SB 1383 and other provisions of state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
1. The recitals above are true and correct and incorporated herein by reference.
2. ARTICLE V (TRASH COLLECTION) of Chapter 7 (FRANCHISES) of Ridgecrest Municipal Code is hereby amended as follows (underlining denotes additions, strikethrough denotes deletions):
Sec. 7-380. - General.
No person shall operate a trash collection service upon a public street of the city without first securing a franchise as required by this article.
(Code 1980, § 3-5.701)
Sec. 7-381. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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).
Trash collection franchise means the authorization granted under this article to operate a trash collection service upon the streets of the city.
Trash collection service means the collection of trash, garbage, debris and other wastes by trucks or other vehicles traveling along an assigned route.
(Code 1980, § 3-5.702)
Sec. 7-382. - Trash collection franchise.
(a) Pursuant to this article, the city may grant an exclusive trash collection franchise for trash collection service within all or any portion of the city. The city may grant an exclusive franchise for solid waste handling upon a determination that the public health, safety and well-being are thereby served. The franchise shall be granted by ordinance pursuant to the process set forth in this article.
(b) When an exclusive franchise agreement for the collection of waste is in effect, no person, other than employees of the franchisee may collect, haul or transport solid waste within the city, except as set forth below.
(c) The city may regulate, by ordinance or resolution, all aspects of the refuse service, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges, fees, and nature, location, and extent of providing such services. (d) The approved franchisee shall:
(1) Provide written notice to the city annually or on or before July 1 of each year, identify the facilities to which they will transport discarded materials, including facilities for source separated recyclable materials, source separated organic materials, and solid waste unless otherwise stated in the franchise agreement, contract, permit, or license, or other authorization with the city.
(2) Transport source separated recyclable materials to a facility that recovers those materials; and transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; transport solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste.
(3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting.
(4) Be authorized to collect recyclable materials, organic materials, and/or solid 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.
(e) The exclusive right of any franchisee to collect refuse, and recyclable waste materials, or organic materials is subject to the following exclusions:
(1) Gardeners and landscapers. The collection, transportation and disposal by a gardener or landscaper of yard wastes which are generated as an incidental part of providing
gardening, landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the yard waste, and utilizes only his own employees and equipment to collect, transport and dispose of same.
(2) Contractors and remodelers. The collection, transportation and disposal by a construction contractor, holding a contractor's license issued by the state, of inert materials or demolition waste from remodeling or construction jobs which are generated as an incidental part of providing such remodeling or construction services, provided that the construction contractor is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the inert materials or demolition waste, and utilizes only his own employees and equipment to collect, transport and dispose of same.
(3) Limitations and exclusions. Any additional limitations and exclusions as set forth in the written franchise agreement.
(f) This section shall not limit the collection or hauling of waste to a landfill, transfer facility or recycle facility by a private party who is the business owner, self-hauler, home owner, residential property owner or residential tenant.
(g) No person shall interfere with the collection or disposal of solid waste, by a person authorized by license, franchise or contract to collect and dispose of same. (h) No person other than the franchisee, or an agent or employee thereof, shall tamper or meddle with, or remove items from, a container or receptacle placed for collection of solid waste by the city or the franchisee.
(i) It shall be unlawful for any person to solicit, accept, engage or otherwise utilize solid waste handling service for paid consideration by a person not authorized to provide such service. (j) No person other than the franchisee shall offer to handle solid waste or handle solid waste on behalf of another in exchange for compensation in any form or amount. (Code 1980, § 3-5.703; Ord. No. 09-02, § 2; Ord. No. 11-04, § 4) Sec. 7-383. - Fees.
Any grantee of a trash collection franchise shall pay to the city a franchise fee as set by the city. (Code 1980, § 3-5.703; Ord. No. 95-08, § 2; Ord. No. 11-04, § 5) Sec. 7-384. – Facility operators and community composting operations. (a) Owners of facilities, operations, and activities located in the city’s boundaries that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon 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 sixty (60) days. (b) Community composting operators with operations located in the city’s boundaries, upon 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 sixty (60) days.
(c) Owners of facilities, operations, and activities located in the city’s boundaries that receive recyclable materials, organic materials, and/or solid waste shall provide to the city on a quarterly basis, copies of all reports they are required to submit to CalRecycle, including at minimum, those required by AB 901 and SB 1383.
3. ARTICLE II (COLLECTION AND DISPOSAL) of Chapter 13 (SOLID WASTE) of Ridgecrest Municipal Code is hereby amended as follows (underlining denotes additions, strikethrough denotes deletions):
Sec. 13-20. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial edible food generator includes a tier one or a tier two commercial edible food generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
Community composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that compost means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
Container means bin, cart, or roll-off.
Discarded materials means recyclable materials, organic materials, and solid waste placed by a generator in a collection container and/or at a location for the purposes of collection excluding excluded waste
Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR
Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
Food recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food recovery organization means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food recovery service means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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.
Food waste means food scraps and food-soiled paper.
Franchisee means the entity with whom the city has contracted under a franchise agreement to handle waste pursuant to section 7-382.
Generator means a person or entity that is responsible for the initial creation of one or more types of discarded materials.
Household hazardous waste means waste material that is purchased by the general public for household use, which is toxic, corrosive, flammable, ignitable or reactive and may pose a substantial hazard to human health or the environment when improperly managed.
Level full means that the amount of refuse deposited in a commercial container does not exceed the lowest top edge thereof, such that the lid can be completely closed.
Multifamily residential structure means residential structures that contain five (5) or more separate dwelling units.
Organic material means yard trimmings, food scraps, and food-soiled papers that are set aside, handled, packaged, or offered for collection in a manner different from solid waste for the purpose of processing
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).
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).
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).
Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city’s recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city’s organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city’s organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.
Recyclable Material means materials that are segregated at the source from other refuse for the purpose of recycling and includes, but is not limited to, paper, glass, metals, wood, plastics, wastes, bulky goods, waste oil, and construction and demolition materials. Recyclable material which is commingled or mixed with refuse shall be considered to have been discarded and shall be deemed refuse for the purposes of this chapter.
Refuse means all wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal wastes, and other discarded wastes, but excluding hazardous waste or substances, radioactive waste, untreated medical waste, and liquid waste. Recyclable waste material is considered refuse for the purposes of this chapter. The term "refuse" shall be synonymous with the term "solid waste" as used in Public Resources Code div. 30, ch. 1, the Integrated Waste Management Act (Public Resources Code § 40000 et seq.).
Responsible party means the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for recyclable materials, organic materials, and/or solid waste collection
services for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multi-family premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single-family premises, multi-family premises, or commercial premises.
Rubbish means treated wood, treated wood products, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, and other products such as are used for packaging or wrapping crockery, ashes, cinders, floor sweepings, mineral or metallic substances, earth, rock, used, demolished or discarded building materials, and other waste material other than hazardous waste or yard waste.
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.
Self-hauler means a person, who hauls solid waste, organic waste or recyclable material they have generated to another person. Self-hauler also includes a landscaper, or a person who back-hauls waste. Back-haul means generating and transporting recyclable materials or organic waste to a destination owned and operated by the generator or responsible party using the generator’s or responsible party’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
Solid waste or waste means 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. The term "solid waste" does not include any of the following wastes:
(1) Hazardous waste, as defined in Public Resources Code § 40141. (2) Radioactive waste regulated pursuant to the Radiation Control Law (Health and Safety Code § 114960 et seq.).
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Health and Safety Code § 117600 et seq.). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code § 40195.1. Medical waste that has been treated and deemed to be solid waste shall be subject to this chapter.
Source separated or source-separated (materials) means materials, including commingled recyclable materials and organic materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, source separated shall include separation of materials by the generator, responsible party, or responsible party’s employee, into different containers for the purpose of collection such that source-separated materials are separated from solid waste for the purposes of collection and processing.
Tier one commercial edible food generator means a commercial edible food generator that is one of the following:
(1) Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(2) Grocery store with a total facility size equal to or greater than 10,000 square feet. Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (3) Food service provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(4) Food distributor means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22). (5) Wholesale food vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
Tier two commercial edible food generator means a commercial edible food generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(2) Hotel with an on-site food facility and 200 or more rooms.
(3) Health facility with an on-site food facility and 100 or more beds. (4) Large venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (5) Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
(6) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A local education agency facility with an on-site food facility. A local education agency facility means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
Yard waste means types of organic waste resulting from normal yard and landscaping installation, maintenance, or removal. means organic material or garden trimmings. (Code 1980, § 13-1.2; Ord. No. 11-04, § 6)
Sec. 13-21. - Deposit in public place and accumulation prohibited. (a) No person shall cause discarded materials waste (except yard waste that is being actively composted) to be accumulated upon public or private property. Solid waste originating from premises shall be removed at least once per every two (2) weeks. It is unlawful for the person having control of the premises to fail or neglect to provide for the removal of solid waste, recyclable materials, or organic materials.
(b) Persons placing waste discarded materials in public or private receptacles containers shall prevent the waste discarded materials from being carried or deposited by the elements upon a public place. No person shall place solid waste discarded materials into private receptacles containers owned by another person unless the owner of the receptacle containers has given prior permission.
(c) The unlawful deposit or accumulation of waste discarded materials is a public nuisance, and the person owning, leasing, occupying or having charge or possession of a premises violating this section shall be subject to the provisions of chapter 11. (d) Only recyclable materials shall be deposited in marked recycling containers. Recyclable materials shall not be deposited in receptacles containers marked to receive solid waste or organic materials. Organic materials, including food waste, shall not be deposited in containers marked to receive solid waste or recyclable materials. (Code 1980, § 13-1.3; Ord. No. 11-04, § 6)
Sec. 13-22. - Solid waste collection for single-family, multi-family and commercial premises and certain multifamily residential structures.
(a) Mandatory subscription
(1) Every responsible party in possession, charge, or control of a single family or multifamily residential establishment, church, business, commercial, or industrial establishment shall subscribe for and pay the franchisee for solid waste, recyclable materials and organic materials collection and disposal at such rates as may be set by the franchisee and approved by resolution of the city council. (2) Nothing in this section prohibits a responsible party or generator of a single-family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(3) On the specified collection days, the containers for each person who receives discarded materials collection services shall be readily accessible for removal and emptying of the material contained therein as specified by the franchisee and in compliance with this Code. Such containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed or shall be kept covered if a lid is not available, except when depositing waste, to prevent the loss of any waste material. Receptacles shall be readily accessible for collection.
(4) The franchisee shall remove from the premises all discarded materials which has been properly placed for collection. Any removal of discarded materials by the franchisee shall be performed in a neat, orderly, and quiet fashion, and the premises shall be left in a clean and orderly condition.
(5) The franchisee shall collect discarded materials from commercial and residential premises at least once every fourteen (14) days, or as otherwise determine by the franchise agreement or city issued waiver.
(b) Multi-Family. Responsible parties of multi-family premises shall:
(1) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with city’s recyclable materials, organic materials, and solid waste collection service.
(2) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste. (3) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep organic materials and recyclable materials separate from each other and from solid waste and the location of containers and the rules governing their use at each property.
(4) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance.
(5) If the responsible party of a multi-family premises wants to self-haul, it must meet the self-hauler requirements in section 13-29 of this ordinance. (6) Multi-family premises that generate two (2) cubic yards or more of total solid waste, recyclable materials, and organic materials per week (or other threshold defined by the state) that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multi-family premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter. (7) Nothing in this section prohibits a responsible party or generator of a multi-family premises from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(c) Commercial
(1) The franchisee shall collect discarded materials solid waste from commercial premises on such days and at such frequencies as the generator or owner (or the owner's designee) and franchisee shall mutually determine, but collection shall be performed at least once each seven days. to meet the minimum frequency prescribed in this section. (2) (c) Upon reasonable notice from franchisee and approval of the city council, Owners of commercial premises shall comply with mandatory waste separation requirements, by such as the separating on of solid waste, recyclable materials, and organic materials. yard waste and recyclable materials.
(3) Responsible parties of commercial premises shall supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with this section) for employees, contractors, tenants, and customers, consistent with franchisee’s discarded materials collection service or, if self-hauling, consistent with the commercial premises’ approach to complying with self-hauler requirements in section 13-29 of this ordinance.
(4) Containers shall be provided for the collection of source separated recyclable materials and source separated organic materials in all indoor and outdoor areas where solid waste containers are provided for customers, for materials generated by that commercial business. Such containers shall be visible and easily accessible. 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 responsible party of the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the responsible party of the commercial business shall have either:
(A) A body or lid that conforms with the container colors provided through the collection service provided by the franchise hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. The responsible party of the commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (B) 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.
(5) To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the franchisee’s recyclable materials container, organic materials container, and solid waste collection service or, if self-hauling, per the instructions of the commercial business’ responsible party to support its compliance with self-hauler requirements in section 13-29 of this ordinance.
(6) Periodically inspect discarded materials containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7) Annually provide information to employees, contractors, tenants, and customers about recyclable materials and organic waste recovery requirements and about proper sorting of recyclable materials, organic materials, and solid waste. (8) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to source separate recyclable materials and organic materials and to keep source separated organic materials and source separated recyclable materials separate from each other and from other solid waste and the location of containers and the rules governing their use at each property. (9) Provide or arrange access for city or its designee to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this Code.
(10) If the responsible party of a commercial business wants to self-haul, it must meet the self-hauler requirements in section 13-29 of this chapter. (11) Nothing in this section prohibits a responsible party or a generator of a commercial business from preventing or reducing discarded materials generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(12) Responsible parties of commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 13-30 of this chapter.
(d) On the specified collection days, the receptacles for each person who receives solid waste collection services shall be readily accessible for removal and emptying of the material contained therein as specified by the franchisee and in compliance with this Code. Such containers shall be filled no more than level full and shall have the lids of such portable receptacles kept closed or shall be kept covered if a lid is not available, except when depositing waste, to prevent the loss of any waste material. The term "level full" means that the amount of refuse deposited in a commercial container does not exceed the lowest top edge thereof, such that the lid can be completely closed. Receptacles shall be readily accessible for collection.
(e) The franchisee shall remove from the premises all solid waste which has been properly placed for collection. Any removal of solid waste by the franchisee shall be performed in a neat, orderly and quiet fashion, and the premises shall be left in a clean and orderly condition. (Code 1980, § 13-2; Ord. No. 11-04, § 6)
Sec. 13-23. - Accumulation, disposal and destruction of waste. (a) No person shall burn waste. See section 6-3.
(b) No person shall bury waste (except yard waste being actively composted).
(c) No person shall keep, accumulate or permit to be accumulated waste (except yard waste being actively composted), on any public or private place unless in a receptacle. Such receptacles must include close-fitting lids or covers which shall be kept closed at all times, except when necessarily opened to permit waste to be taken there from or deposited therein. (Code 1980, § 13-3; Ord. No. 11-04, § 6)
Sec. 13-24. - Owner obligations for household hazardous waste. (a) Household hazardous waste may only be disposed at a licensed and permitted household hazardous waste collection facility. The term "household hazardous waste" means waste material that is purchased by the general public for household use which is toxic, corrosive, flammable, ignitable or reactive and may pose a substantial hazard to human health or the environment when improperly managed.
(b) No household hazardous waste shall be included in or combined with solid waste that is submitted for collection by the city's franchise trash hauler. (Code 1980, § 13-4.1; Ord. No. 11-04, § 6)
Sec. 13-25. - Transportation of waste.
Waste shall be carried on city streets by all persons in a manner that prevents dust, debris, or other materials from falling upon the streets and adjacent lands. (Code 1980, § 13-5.1; Ord. No. 11-04, § 6)
Sec. 13-26. - Vehicle maintenance.
Every truck, vehicle or trailer used for collection of solid waste, recyclable materials, and/or yard waste shall be kept well painted and clean inside and out. (Code 1980, § 13-5.2; Ord. No. 11-04, § 6)
Sec. 13-27. - Emergency removal.
Nothing in this article shall be deemed to interfere with the removal and hauling of materials determined by the city to require immediate removal so as to preserve public health. (Code 1980, § 13-5.3; Ord. No. 11-04, § 6)
Sec. 13-28. - Waivers for multi-family and commercial premises. (a) De minimis waivers for commercial and multi-family premises. The city may waive a responsible party’s obligation to comply with some or all recyclable materials and organic waste requirements of this ordinance if the responsible party of the commercial business provides documentation that the commercial business meets one of the criteria in subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total solid waste shall be the sum of weekly container capacity measured in cubic yards for solid waste, recyclable materials, and organic materials collection service.
(1) The commercial business’ total solid waste collection service is two (2) cubic yards or more per week and recyclable materials and organic materials subject to collection in recyclable materials container(s) or organic materials container(s) comprises less than twenty (20) gallons per week per applicable material stream of the commercial business’ total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty (20) gallons per week or organic materials in the organic materials stream are less than twenty (20) gallons per week); or, (2) The commercial business’ total solid waste collection service is less than two (2) cubic yards per week and recyclable materials and organic materials subject to collection in a recyclable materials container(s) or organic materials container(s) comprises less than ten (10) gallons per week per applicable material stream of the commercial business’ total waste (i.e., recyclable materials in the recyclable materials stream are less than ten (10) gallons per week or organic materials in the organic materials stream are less than ten (10) gallons per week).
(b) Physical space waivers. the city may waive a commercial business’ or multi-family premises’ obligation 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, the Franchisee, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for recyclable materials containers and/or organic materials containers required for compliance with the recyclable materials and organic materials collection requirements of this code as applicable. The waiver shall be granted to premises that meet the city’s trash enclosure specifications, as stated at the time the enclosure was built or updated, as outlined in Chapter 106, Article XI of the municipal code.
Sec. 13-29. – Self-hauler requirements.
(a) Every self-hauler shall source separate its recyclable materials and organic materials (materials that city otherwise requires generators or responsible parties to separate for collection in the city’s recyclable materials and organic materials collection program) generated on-site from solid waste in a manner consistent with 14 CCR Section 18984.1 and the city’s collection program. Self-haulers shall deliver their materials to facilities described in subsection (b) below.
(b) Self-haulers that source separate their recyclable materials and organic materials shall haul their source separated recyclable materials to a facility that recovers those materials; haul their source separated organic waste to a facility, operation, activity, or property that processes or recovers source separated organic waste; haul their solid waste to a disposal facility or transfer facility or operation that processes or disposes of solid waste; and, transport manure to a facility that manages manure in conformance with 14 CCR Article 12 and such that the manure is not landfilled, used as alternative daily cover (ADC), or used as alternative intermediate cover (AIC).
(c) Self-haulers that are responsible parties of commercial businesses or multi-family premises shall keep records of the amount of recyclable materials, organic waste, and solid waste delivered to each facility, operation, activity, or property that processes or recovers recyclable materials and organic waste and processes or disposes of solid waste or shall keep
records of solid waste delivered to high diversion organic waste processing facilities. These records shall be subject to inspection by the city or its designee. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic materials, and solid waste.
(2) The amount of material in cubic yards or tons transported by the generator or responsible party to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic materials, and solid waste.
(d) A single-family generator or single-family responsible party that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in section 13-29(c). A single-family generator who self-hauls is not exempt from complying with mandatory subscription described in section 13-22.
Sec. 13-30. - 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) Not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
(4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those food recovery services or food recovery organizations:
(i) The name, address, and contact information of the food recovery service or food recovery organization.
(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(6) Maintain records required by this section for five (5) years. (d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
Sec. 13-31. - Requirements for food recovery organizations and services, jurisdictions. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.
(3) The quantity in pounds of edible food transported to each food recovery organization per month.
(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
(2) The quantity in pounds of edible food received from each commercial edible food generator per month.
(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Maintain records required by this section for five (5) years. (d) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the city no later than February 15 of the following year. (e) In order to support edible food recovery capacity planning assessments or other studies conducted by the county and/or city, or its designated entity, 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 sixty (60) days, unless a shorter timeframe is otherwise specified by the city.
(f) 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 should include language in all agreements with tier one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act of 2017.
Sec. 13-32. – Inspections.
(a) City representatives and/or its designated entity, including designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by
generators, responsible parties of commercial businesses, responsible parties of multi-family premises, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential dwelling for inspection. (b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential dwelling interiors) and shall cooperate with the city’s representative or its designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this ordinance. Failure of a responsible party to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described in section 13-33.
(c) Any records obtained by a city 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 representatives, its designated entity, and/or designee are authorized to conduct such inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) City shall accept written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.
Sec. 13-33. – Enforcement.
(a) Violation of any provision of this chapter 13 shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city enforcement official or representative.
Enforcement actions under this ordinance are issuance of a citation and assessment of a fine at the discretion of the city. The city’s procedures on imposition of violations and penalties are described in chapter 1, article 3.
(b) Process for Enforcement
(1) Enforcement officers and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Section 13-32 establishes city’s right to conduct inspections and investigations.
(2) City may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) City shall issue a notice of violation requiring compliance within a maximum of sixty (60) days of issuance of the notice.
(c) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, city will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if city determines that generator, responsible party, selfhauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(d) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the city determines that a generator, responsible party, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as needed.
4. Any provision of the Ridgecrest Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of his Ordinance.
5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Ridgecrest at the regular meeting of this _____ day of _______, 2022 by the following vote:
AYES:
NAYS:
ABSENT:
Eric A. Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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