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2.15.010
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Chapter 2.15
COMMISSIONS
Sections:
2.15.010 Created—Number of
members
2.15.020 Application Process
2.15.0320 Appointment and Reappointment of regular termss—Terms
2.15.040 Filling Vacancies – expired
term
2.15.050 Filling Vacancies – unexpired
term
2.15.0630 Vacancies — Absences—
Removal
2.15.0740 Powers and Dduties
2.15.0850 Officers,— General Rrules and
Rregulations
2.15.0960 Meetings
2.15.100070 Rules Ggoverning
Cconduct of Bbusiness
2.15.110080 Residency Rrequirements
2.15.120090 Cooperation with City
Ddepartments,—
Reports to Council
2.15.1300 Appropriation —Budget
2.15.110 Deposit of funds—
Expenditures
2.15.10 Created Number of members
A. There is created the following
Ccommissions in and for the City:
1. Parks/Recreation Commission
2. Planning Commission
B. A Ccommission shall consist of six (6)
members: five (5) regular and one (1)
alternate whose function is to act in the
place of an absent regular member.”(Ord.
482 §1, 1991; Ord. 470 §1, 1991; Ord. 538
§1, 1995; Ord. 647 §1, 2001; Ord. 674 §1,
2003, Ord. 825 §3, 2015, Ord. 889, 2019)
2.15.020 Application Process
A. Applications for Commissions are
accepted at any time.
B. Applications for Commissions are kept
on file for a period of 24 months.
C. October 1st of every election year, the
City Clerk shall advertise for
Commission applications for a period of
not less than 30 days.
D. 45 days prior to the Commissioner’s term
expiration, the City Clerk shall verify if
the current Commissioners wish to
continue to serve via a re-application
process.
E. At the discretion of the Mayor, the City
Clerk may advertise for Commission
applications for a period of not less than
30 days, upon an unscheduled vacancy.
2.15.0320 Appointment and Reappointment of regular s - Terms A. Commission members shall be appointed
or reappointed by the City Council. Except
as provided in Section 2.15.030 (A), Ssuch
appointments or reappointments shall be
made by resolution by the City Council atby
the last regularly scheduled meeting in
January City Council meeting, and the
appointments or re-appointments will take
effect at the next regular meeting of the
appropriate Ccommission.
B. Applications for appointment or
reappointment to any commission shall be
received by the City Clerk no later than 30
days prior to the Council appointment date.
At the discretion of the Mayor, applicants
may be scheduled for an interview to be
conducted by the entire City Council at a
regular meeting. In the alternative,
applicants may be scheduled for an interview
by a “nominations committee” consisting of
the Mayor and the Vice-Mayor, and the
nominations committee shall forward its
recommendation to the City Council for its
consideration.
B. Except as otherwise provided, all
Ccommission members shall be appointed to
terms of four (4) years.
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C. Commission members are assigned a seat
number when appointed. The expiration of
the Commission member terms shall be
staggered such that a maximum of three seats
are expiring at any one time.
D. No one person shall simultaneously serve
on more than one commission, except when,
in its sole discretion in considering all the
facts (e.g. number of applicants, special
qualifications, etc.), the City Council
determines that such simultaneous service
would be in the best interest of the City. (Ord.
470 §1, 1991: Ord. 538 §1, 1995: Ord 634 §1,
2001; Ord. 674 §2, 2003)
2.15.040 Filling Vacancies – expired
term
A. The Mayor may recommend to the entire
City Council re-appointment for another
four (4) year term current Commissioners
with terms about to expire who wish to
continue their service on the
Commission.
B. If there becomes a vacancy by term
expiration, the Mayor shall convene a
“Nomination Committee” consisting of
the Mayor and Vice Mayor to review
applications, conduct interviews of the
top ranked applicants and forward its
recommendation to the City Council for
consideration.
2.15.050 Filling Vacancies – unexpired
term
A. If a vacancy occurs for any reason prior
to the expiration of the term, including
removal of a member pursuant to Section
2.15.060, the Mayor may at his/her
discretion do the following:
1. Recommend a previously
interviewed Commission candidate to
the City Council for consideration;
2. Convene the “Nomination
Committee” and interview any
applicant that may have an
application currently on file, and
forward the recommendation to the
City Council for consideration;
3. Request the City Clerk to advertise
for Commission applications for a
period of not less than 30 days,
convene the “Nomination
Committee” to conduct interviews of
the top ranked applicants and forward
its recommendation to the City
Council for consideration; or
4. If a vacancy occurs within 6 months
of term expirations, the Mayor may
opt to wait to fill the vacancy for the
unexpired term utilizing the normal
expired term process as described in
2.15.040.
2.15.0630 Vacancies-Absences-Removal
A. If a vacancy shall occur other than by
expiration of term, it shall be filled by
appointment by the City Council for the
unexpired portion of the term using the
procedures set forth in Section 2.15.0520 (B).
In addition to the causes of vacancy set forth
in subsections B and C of this Section
2.15.030, Aa vacancy shall be deemed to
have occurred when one or all of the
following circumstances occur:
1. When a member no longer complies with
the residency requirement as set forth in
Section 2.15.110. Within 30 days after any
commission seat becomes open due to
vacancy, whether by removal or resignation
of any commission member, the City Council
shall declare the commission seat open, and
shall accept applications for appointment to
the open commission seat for
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Packet Pg. 359 Attachment: 2.15_889 Commissions - redlined version - 6-7-23 (3804 : Commissions Ordinance Amendment)
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a period of not less than 30 days. The
Council may, at its discretion, extend the
period during which applications will be
accepted.
2. When a Commission member is
aAbsentce by a commission member from
four consecutive meetings or twenty-five
percent of the regularly scheduled meetings
within a twelve-month period from date of
appointment without due cause, as
determined by the chairman with the
agreement of the Ccommission, shall be
deemed to constitute a retirement by the
member and a vacancy thus created., which
shall be filled thereafter by the city council by
appointment of a successor to complete the
unexpired term of office.
3. When a member submits a letter of
resignation stating clearly and
unambiguously that the member can no
longer continue to serve on the Commission.
4. Upon the death of a Commission
member.
5. Whenever, in the discretion of the Ccity
Ccouncil, the best interest of the Ccity shall
be served thereby, any member of a
Ccommission may be removed by a majority
vote of the Ccity Ccouncil at a regularly
scheduled City Council meeting. (Ord. 470
§1, 1991: Ord. 538 §2, 1995)
2.15.0740 Powers and Dduties
The rights, powers and duties of each
Ccommission shall be:
A. Parks/Recreation Commission.
1. To act in an advisory capacity to the City
Council, the Recreation Director, and the
staff in all matters pertaining to public parks
and recreation, and to cooperate with other
governmental agencies and groups in the
advancement of sound recreation and park
planning and programming.
2. To assist the Recreation Director, as he
shall from time to time direct, in the
enforcement of rules and regulations as may
be adopted by resolution of the City Council
and the Commission.
3. To carry out such other powers and duties
as may be given to the Commission by the
City Council and/or the Recreation Director.
B. Planning Commission.
1. To exercise those powers and duties
provided by state law, or any subsequent
amendments, changes for revisions thereof.
2. To carry out specific powers and duties as
are designated in any ordinance of the City
relating to planning or zoning or any other
related matter referred to it for consideration
by the Council. (Ord. 580 §1, 1998, Ord. 825
§2, 2015, Ord. 889, §2, 2019)
2.15.0850 Officers,—General Rrules and
Rregulations
A. The officers of each Ccommission shall
be a chairpersonman and, vicechairperson.man and treasurer, excepting the planning commission, which shall have a
chairman and vice-chairman only. These
officers shall be selected by the particular
Ccommission members at the first meeting in
February or each year, or the next regularly
scheduled meeting thereafter. Their duties
shall be such as are usually carried out by
such officers. Officers shall hold office for
the later of one year or until their successors
are selected. Each commission shall follow
the Rosenberg’s Rules of Order shall adopt
by resolution, necessary rules and regulations
to govern its proceedings, and such other
rules as may be adopted by the City Council..
(Ord. 470 §1, 1991, Ord 674 §5, 2003)
2.15.0960 Meetings
Each Ccommission shall hold at least one
regular meeting each month, on the day and
at the time and in the location that it shall
designate by minute action, as well as such
special meetings as the Ccommission may
require. Special meetings may be held only
by complying with applicable provisions of
the Government Code pertaining to such
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Packet Pg. 360 Attachment: 2.15_889 Commissions - redlined version - 6-7-23 (3804 : Commissions Ordinance Amendment)
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board and Ccommission meetings of a
general law city. (Ord. 470 §1, 1991)
2.15.100070 Rules Ggoverning
Cconduct of Bbusiness
All meetings shall be generally conducted
pursuant to the provisions contained in Rosenberg’sobert’s Rules of Order, and as specifically set forth in the provisions of the
Government Code pertaining to such board
and Ccommission meetings of a general law
city. Three members of a Ccommission shall
constitute a quorum. Unless otherwise
provided in the Ripon Municipal Code or the
provisions of state law, aAll actions of a
Ccommission shall require the affirmative
vote
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Packet Pg. 361 Attachment: 2.15_889 Commissions - redlined version - 6-7-23 (3804 : Commissions Ordinance Amendment)
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of a majority of the Ccommission members
present for approval and such actions may
either be in the form of a formal motion or a
resolution by law. (Ord. 470 §1, 1991)
2.15.110080 Residency Rrequirements
Commission members shall reside within the
boundaries as hereinafter defined:
A. Parks/Recreation Commission, the Ripon
Unified School District.
B. Planning Commission, the Ripon City
Limits.
All commissions, except the planning
commission, shall submit to their members
an annual budget for approval at least (30)
thirty days prior to the City’s annual budget
hearing for each fiscal year stating the
estimated costs and expenses of all
contemplated activities for the next fiscal
year, to assist the City Council in establishing
any budget for that commission or associated
facilities. (Ord. 547 §1, 1995, Ord. 538 §1,
1995, Ord. 647 §3, 2001, Ord. 674 §1, 2003,
Ord 674 §5, 2003, Ord. 825, §1, 2015, Ord.
889, §2, 2019)
2.15.120090 Cooperation with City
Ddepartments,-Reports to Council
All officers, department heads and
departments of the City shall render
cooperation and all reasonable and necessary
assistance to the Ccommissions. Neither a
Ccommission nor any person connected with
a Ccommission shall incur any financial
liability in the name of the City without the
prior consent of the City. All commissions
shall render annually a full written report of
its work to the City Council. (Ord. 470 §1,
1991)
2.15.1300 Appropriation -Budget
The City Council may, in its discretion,
appropriate such fundmoneys as it may deem
necessary for the purpose of carrying on the
activities of any Ccommission.
A. All commissions, except the economic
development and planning commissions,
shall submit to their members an annual
budget for approval at least thirty days prior
to the City’s annual budget hearing for each
fiscal year stating the estimated costs and
expenses of all contemplated activities for the
next fiscal year, to assist the City Council in
establishing any budget for that commission
or associated facilities. (Ord. 470 §1, 1991)
2.15.110 Deposit of funds-Expenditures
All commissions, except the planning
commission, may accept any moneys
appropriated for their activities or any
associated equipment or facilities and their
operation by any other public or private
agency or body, and all gifts, legacies or
bequests from any other person or source.
All such moneys shall be immediately
deposited in the treasury of the commission
or any other authorized commission bank
account, and shall only be withdrawn
therefrom after approval of any such
withdrawal has been made by the
commission at a regular or special meeting,
and then only upon a proper warrant drawn
against the bank account or fund signed by
the chairman and treasurer of the
commission. (Ord. 470 §1, 1991, Ord 674 §5,
2003)
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Packet Pg. 363 Attachment: 2.15_889 Commissions - redlined version - 6-7-23 (3804 : Commissions Ordinance Amendment) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 06/13/2023
Subject: SB1383 Update
RECOMMENDED ACTION:
The State of California has mandated all cities implement organic waste recycling requirements through Senate Bill 1383, which was signed into law by Governor Brown in September 2016.
Staff is recommending the City Council approve the continuation of the two container system and authorize staff to begin the process of drafting agreements between the City of Ripon and certain waste processing facilities in order to effectively comply with the State mandated requirements of Senate Bill 1383.
BACKGROUND:
The City of Ripon, along with all jurisdictions in California, are subject to several California solid waste laws. The most recent piece of legislation State Senate Bill 1383, which was signed into law by Governor Brown in 2016, required jurisdictions to adopt enforceable ordinances that are consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities. The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.
The City Council approved Ordinance 912 at the February 8, 2022 City Council meeting that amended Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code to meet the requirements set forth by the State. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations, which are enforced through the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.
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The regulations of the senate bill are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and government entities.
Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system.
DISCUSSION/ANALYSIS:
At a workshop held on April 25, 2022, staff provided the Council details of certain requirements within the bill that will have the largest impacts on residential/commercial rates, capital expenses, procurement obligations and operational challenges. At the time of the workshop there were still a number of unknowns regarding facilities available to process waste along with the associated tipping fees. Since that time, staff has been working with processing facilities and obtaining updated tipping fees in order to process trash and organic waste as required in order to implement the State Senate Bill 1383 mandates in the most cost-effective manner.
The City currently operates a one black trash container system with an optional organic green waste container that is available at an added cost. The State outlines three options that cities and counties are limited to for residential/commercial curbside collection services. These service options are outlined below and note specific advantages and challenges related to the current City collection system operation.
Three Container “source separated” Collection Service
One green container for organic waste, one blue container for recyclables and one black container for trash.
Allows trash to be hauled to current disposal facility. Allows organic waste to be hauled to our current disposal facility. Requires cost for operational implementation of approximately 1,250 additional organic waste green cans.
Requires capital purchase and operational implementation of approximately 5,000 recyclable blue cans to be hauled to a new separate facility.
Projected 20-year life-cycle cost based on tipping fees and operational increases $24,050,000.
Rate increase of 37% from current.
Two Container Collection Service (optional organic green) One black container for mixed recyclables and trash, one (optional) green container for organic waste.
Requires the black can with trash and mixed recyclables be hauled to a high diversion organic processing facility that can demonstrate the State organic waste recovery thresholds are met, resulting in increased tipping fees.
Allows the green organic waste container to be hauled to our current
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disposal facility and remain optional to residents since the black container will be hauled to a high diversion organic processing facility. Projected 20-year life-cycle cost based on tipping fees and operational increases $6,634,000.
Rate increase of 12% from current.
One Container Collection Service
One black container for collection of mixed organic waste, recyclables and trash.
No impact to our current operation.
Requires mixed organic waste, recyclables and trash be hauled to a new separate disposal facility that can demonstrate the State organic waste recovery thresholds are met, resulting in increased tipping fees. Projected 20-year life-cycle cost based on tipping fees and operational increases $11,904,000.
Projected rate increase 21% from current.
The table below provides a detailed breakdown of the operational costs for each of the service options listed above using fiscal year 2022/2023 volumes and fees.
Current 2 Container Service Operational Cost Tipping Fees Annual Total SJ County Transfer Station & WM Compost Facility
Black Can – Weekly Service 3 FTE $752,000 $597,000 $1,349,000 Green Can – Weekly Service (optional) 1 FTE
Proposed 1 Container Service Operational Cost Tipping Fees Annual Total Gilton Transfer Station
Black Can – Weekly Service 4 FTE $752,000 $1,040,000 $1,792,000 Proposed 2 Container Service Operational Cost Tipping Fees Annual Total Gilton Transfer Station & WM Compost Facility
Black Can – Weekly Service 3 FTE $752,000 $843,000 $1,595,000 Green Can – Weekly Service (optional) 1 FTE
Proposed 3 Container Service Operational Cost Tipping Fees Annual Total SJ County Transfer Station, WM Compost Facility and Outside Recycling Facility Black Can – Weekly Service 3 FTE
Green Can – Weekly Service 3 FTE $1,410,000 $715,000 $2,125,000 Blue Can – Bi-Weekly Service 1.5 FTE
The proposed 3 container service would also include purchasing three new garbage trucks and 5,000 new blue containers totaling $2,000,000 in capital expenses immediately.
The two container collection service clearly provides the most cost effective path to complying with SB1383 although an annual increase of approximately $250,000 will be added to the current operation. This will result in an approximate $4.50 increase to the current monthly bill of $37.80 for a single black can service, a 12% increase totaling $42.30 monthly for the service.
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With the two container collection service the black can waste stream will no longer be allowed to be hauled to the San Joaquin County Lovelace Transfer Station since the facility is not a high diversion organic processing facility. The black can waste stream will be sent to the Gilton Resource Recovery (GRR) Transfer Station located in Modesto, which has demonstrated the ability to meet the CalRecycle separation and recovery thresholds of organic material.
Staff has been working closely with Gilton over the past several months to determine the feasibility and cost to haul our solid waste stream to their facility for processing. The price increase for the two container service is attributed to the increased tipping fee for processing which will go from the current rate of $74/ton at the SJ County Transfer Station up to $115/ton at the GGR Transfer Station. The City, along with several other municipalities, have an existing agreement with San Joaquin County which requires all solid waste to be disposed of at San Joaquin County owned facilities, this does not include recyclables or organic waste. This was done to allow the County to count on revenue sources and plan for expansion to continue providing landfill services locally. The price per ton from Gilton includes transferring all solid waste, once sorted, back to San Joaquin County facilities for disposal. Any recyclables and organic waste derived from the City solid waste stream may or may not be recycled or composted in San Joaquin County.
Despite the large cost increase there are some benefits of choosing the 2 container service over the 3 container service including reduced staff time for education and outreach, oversight, auditing and citing our residents for misplacing items into cans. The general solid waste operation will remain the same, City crews will continue the collection and hauling service.
Residents will see no change in the process and will continue to sort as they have always done.
Staff has also been in contact with the 3 permitted commercial and industrial haulers providing solid waste services to businesses within the City regarding the SB1383 requirements. They will have until January of 2024 to comply with the regulations and have all indicated meeting the deadline is feasible.
The goal is to fully implement the residential and commercial requirements of SB1383 before January of 2024 which is when violations can be issued by CalRecycle with penalties, the next steps in order to achieve this are outlined below:
Draft agreement between the City of Ripon and Gilton to outline the terms and mutual interests for processing the City solid waste, present to the City Council for approval. Draft agreement between the City of Ripon and Central Valley Compost (current organic waste composting facility being used) to outline the terms and mutual interests for processing the City organic waste, present to the City Council for approval. Provide the City Council with a detailed cost analysis of the SB1383 impacts to the Garbage Enterprise Funds and current rates.
Additionally a detailed cost analysis with recommended changes to the Recycling Center
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activities will be presented to the City Council. Every ton that is processed through the Recycling Center will help eliminate volume in the residential black cans, which will now cost more to process. Over the coming months staff will be working on an education and outreach program for residents and businesses in collaboration with the school district to promote and encourage more use at the City Recycling Center.
FISCAL IMPACT:
The anticipated tipping fee increase to provide the SB1383 required services described above is approximately $250,000 annually once implemented and will be paid for through the Garbage Enterprise Operating Fund.
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