San Clemente City Council
April 5, 2022

4-5-22 I 6M-4
Date of Hearing: March.28, 2022

ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
AB 1909 (Friedman)-As Amended March 21, 2022
SUBJECT: Vehicles: bicycle omnibus bill
AB 1909

SUMMARY: Comprehensively changes rules of the ro_ad and restrictions on bicycle operations.

Specifically, this bill:
1) Eliminates the statewide ban of class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail. 2) Authorizes a local authority having jurisdiction over an equestrian trail or hiking or recreational trail to prohibit the operation of an electric bicycle of any class on that trail. 3) Eliminates local authority on banning class 1 and 2 electric bicycles on bike paths. 4) Allows bicyclists to follow leading pedestrian intervals at intersections. 5) Requires motor vehicle operators, when overtaking or passing a bicycle in the same direction, to move over a lane of traffic when possible. 6) Eliminates local authority to requjre bicycle registration.

EXISTING LAW:
1) Defines an "electric bicycle" as a bicycle equipped with fully operable pedals and an electric motor ofless than 750 watts.
2) Prohibits class 3 electric bicycles from operating on a bicycle path or trail, bikeway, bicycle lane established pursuant to section 21207 of the Vehicle Code, equestrian trail, or hiking or recreation trail.
3) Allows local authorities to restrict class 1 and 2 electric bicycles on a bicycle path or trail, equestrian trail, or hiking or recreational trail. .
4) Requires that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance ofless than three feet between any part of the motor vehicle and any part of the bicycle or its operator. 5) Allows local jurisdictions to require bicycle registration.

FISCAL EFFECT: Unknown
COMMENTS:
4-5-22 I 6M-5
AB 1909
Page2
Zero Emission Vehicle (ZEV) climate goals. Transitioning California's transportation system away from gasoline to ZEV s is a fundamental part of the state's efforts to reduce greenhouse gas (GHG) emissions and help meet the state's goals to reduce GHG emissions 40% below 1990 levels by 2030. Currently, emissions from the transportation sector account for over 50% of GHG emissions in the state of California. Governor Newsom's Executive Order (EO) N-79-20, dated September 23, 2020, establishes the goal that 100% of in-state sales of new passenger cars and trucks will be zero-emission by 2035. The EO further requires that 100% of medium- and heavy-duty vehicles in the State be zero-emission by 2045 for all operations where feasible and by 2035 for drayage trucks. In order to accomplish this goal, the BO requires CARB to develop passenger and medium- and heavy-duty vehicle regulations that would increase over time the volume of new ZEV s sold in the state.

Electric Bicycle Popularity. A study from Bloomberg Green indicates that choosing to ride a bicycle just one day a week can decrease an individual's carbon footprint by as much as 67%.

Each trip on a bicycle avoids 150 grams of carbon dioxide emissions per kilometer ridden.

Collectively, this can have a major impact on the ability of California to achieve its climate goals. The popularity of electric bicycles has increased significantly in the last five years.

Adoption of electric bicycles increased by 145% from 2019 to2020 in the United States, double the number of electric cars. This highlights the. immense opportunity to promote bicycle and electric bicycles as a means of fighting climate change.

Health Benefits. There are a number of health benefits that are associated with riding a bicycle.

These health benefits include reducing the risk of depression, cardiovascular disease, diabetes, blood pressure, total fat mass, abdominal circumference, weight, insulin sensitivity, breast cancer, colorectal cancer, and mortality. For older adults, benefits were found for muscle strength, reducing fractures, fat-free mass, improving w~lking speed, reducing dementia and Alzheimer's disease, and preventing cognitive decline and disability. Cycling for transport enables individuals to incorporate physical activity into daily life. Furthermore, it is accessible, practical and convenient for population groups with low levels of participation in sports and other forms of leisure-time physical activity.

Elderly individuals often do not have the physical capacity to ride a conventional bicycle.

Electric bicycles provide an opportunity for this popufaition to choose bicycling as an alternate mode of transportation, to enjoy more mobility, auton~my, and social connection. Additionally, they can benefit from all of the positive health effects described above.

Current Bicycle Infrastructure. The California Department of Transportation (Caltrans) provides the following guidance regarding Class I Bikeway (Bike Path) as defined in Chapter 100 of the Highway Design Handbook. Class I Bikeways are also defmed in section 890.4 of the Streets and Highways code. Generally, Class 1 bike paths should serve corridors not served by streets and highways or where wide right of way exists, permitting such facilities to be constructed away from the influence of parallel streets. Bike paths should offer opportunities not provided by the road system. They can either provide a recreational opportunity, or in some instances, can serve as direct high-speed commute routes if cross flow by motor vehicles and pedestrian conflicts can be minimized. The most common applications are along rivers, ocean fronts, canals, utility right of way, abandoned railroad right of way, within school campuses, or within and between parks. There may also be situations where such facilities can be provided as part of planned developments.
4-5-22 I 6M-6
AB 1909
Page3
Class II bike lanes are established along streets in corridors where there is significant bicycle demand, and where there are distinct needs that can be served. The puipose should be to improve conditions for bicyclists in the corridors. Bike lanes are intended to delineate the right of way assigned to bicyclists and motorists and to provide for more predictable movements by each. But a more important reason for constructing bike lanes is to better accommodate bicyclists throu.gh corridors where insufficient room exists for side-by-side sharing of existing streets by motorists and bicyclists. This can be accomplished by reducing the number of lanes, reducing lane width, or prohibiting or reconfiguring parking on given streets in order to delineate bike lanes. In addition, other things can be done on·bike lane streets to improve the situation for bicyclists that might not be possible on all streets ( e.g., improvements to the surface, augmented sweeping programs, special signal facilities, etc.). Generally, pavement markings alone will not measurably enhance bicycling.

This bill would_amend current law that restricts the use of class 3 electric bicycles on Class I Bikeways. Additionally, it would remove local control from regulating class 1 and 2 electric bicycle operation on a Class I bikeways. Cyclists riding conventional bicycles can operate them at speeds similar to, or faster than class 1 or 2 electric bicycles (20 miles per hour). Class I Bikeways often have speed limit signs, indicating the speed for the bike path. All cyclists are vulnerable vehicle operators and should be afforded access to bicycle infrastructure reduced vehicle collisions.

Safety Concerns. Currently one of the largest barriers to riding a bicycle is safety concerns.

According to the National Highway Traffic Safety Administration (NHTSA), California saw 3.9 fatal accidents per 1 million residents from 2016-2018, the sixth highest fatality rate in the country. Additionally, NHTSA points out ·that in ·California, 43 % of cyclist fatalities occur at intersections. Highlighting the need for bicycle infrastructure, injury risk is 30-40% lower when cycling in a bike lane or on a bike path.

The United States Department of Transportation (USDOT) has introduced the National Roadway Safety Strategy (NRSS). Under the NRSS, USDOT has set a goal to strive for zero roadway fatalities. Zero is the only acceptable number of deaths on our highways, roads, and streets. The United States Department of Transportation is committed to taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation's roadways. However, no one will reach this goal acting alone. Reaching zero will require USDOT to work with the entire roadway transportation community and the American people to lead a significant cultural shift . that treats roadway deaths as unacceptable and preventable.

To achieve this goal, USDOT is adopting a safe systems approach, with the principles that death and serious injuries are unacceptable, humans make mistakes, humans are vulnerable, • responsibility is shared, safety is proactive, and redundancy is crucial. To address these concerns to get to zero, NRSS sets across five complementary objectives corresponding with a safe systems approach: safer people, safer roads, safer vehicles, safer speeds, and post-crash care.

Cyclists are the most vulnerable vehicle operators on the road. The National Association of City Transportation Officials contends that simply building bicycle infrastructure is insufficient; there need to be additional measures to keep cyclists safe. Caltrans also points out that generally, pavement markings alone will not measurably enhance bicycling. In order for the state to align withUSDOT and work toward achieving zero fatality roadways, comprehensive safety measures must be instituted for cyclists.
4-5-22 I 6M-7
AB 1909
Page4
Leading Pedestrian Interval. A leading pedestrian interval (LPI) is a an official traffic control signal that advances the "WALK" signal for three to seven seconds while the red signal halting traffic continues to be displayed on parallel and through or turning traffic. This tool has gained in popularity to protect the safety of pedestrians. It allows for increased visibility of pedestrians as well as the opportunity to cross the street without being confronted by a vehicle. York City conducted a pilot project where cyclists were able to take advantage of the LPI, increasing their visibility, allowing them to get out ahead of traffic and allowing them to avoid confrontation with vehicles making right-hand turns. The results of the study indicated that when cyclists used the LPI, injuries to cyclists decreased by over 26%.

Three Feet for Safety Act. The California Legislature passed the Three Feet for Safety Act as part of AB 1371 (Bradford) Chapter 331, Statutes of 2013. This act specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. If the vehicle operator is not able to provide three feet of clearance when passing a cyclist, they must slow to a reasonable and prudent speed. Law enforcement officials find this rule difficult to implement as officers must make a judgement call of the distance between the vehicle and the bicycle.

This bill would amend the Three Feet for Safety Act by requiring motor vehicle operators to make a lane change into another available lane with due regard for safety and traffic conditions; if practicable and not prohibited by law, before overtaking or passing the bicycle. This provision is identical to language in section 21809 of the Vehicle Code, requiring motor vehicles to move over a lane when passing a stationary emergency vehicle. According to the National Conference of State Legislatures, five states, including Washington and Delaware, have implemented similar legislation to improve safety for cyclists.

Other Barriers to Cycling. California created a statewide bicycle registration program pursuant to AB 3329 (Bedham) Statutes of 1974, where cities and local jurisdictions may collect a registration fee from cyclists to officially license bicycles. Many locals found that the revenue from registration fees was insufficient to cover the cost of the program and chose not to require bicycle registration in their jurisdictions or to abandon the bicycle licensing program altogether.

Additionally, there is evidence that the registration system does not help in the recovery of stolen bicycles, a key argument for requiring bicycle registration. A number of cities in the state continue to enforce bicycle registration requirements, creating one additional barrier to cyclists getting out on the road. This bill would remove local authorities from requiring bicycle registration, however, they may continue to operate bicycle registration programs on a volunteer basis. Any barriers to bicycle adoption are barriers to cyclists' safety as a number of studies have shown that the more cyclists that are on the road, the safer they are.

According to the author, "As a cyclist, I brought forward AB 1909 to help provide all Californians with the safe opportunity to enjoy a healthy, clean alternative mode of transportation. Decreasing barriers to bicycle ridership is imperative to _achieving California's climate goals. AB 1909 offers more route options toe-bike users and implements important safety measures for bicycles. This approach will significantly decrease the number of fatalities and injuries to cyclists, while simultaneously increasing public health and fighting climate change."
4-5-22 / 6M-8
AB 1909
Page5
According to Streets For All, a supporter of the bill "In California, cyclist deaths make up 4 percent of all auto accidents. This is twice the national average, making California first in the nation in cyclist deaths. Streets For All supports AB 1909 as it makes common sense safety enhancements and reduces barriers for wider adoption and use of bicycles which are critical for addressing the state's climate crisis and mobility needs.

AB 1909 will also increase cyclist safety by allowing cyclists to take advantage of the leading pedestrian interval, a useful intersection safety tool where the walk sign changes prior to the red light. According to the National Highway Traffic Safety Administration, 43% of cyclist fatalities in California occur at intersections. Results from a New York City pilot project where cyclists were able to take advantage of the leading pedestrian interval yielded a decrease in cyclist injuries by 26%.

The state currently bans class 3 e-bikes on bike paths. AB 1909 will remove this bari and allow class 3 e-bikes to operate on bike paths at a maximum speed of 20 miles per hour. This action will add route options for e-bikes and will also increase rider safety as there is safety in numbers; the more cyclists on the road, the safer it is to cycle.

Decreasing barriers to bicycle ridership is imperative to achieving California's climate goals. AB 1909 offers more route options to e-bike users and implements important safety measures for bicycles. This approach will significantly decrease the number of fatalities and injuries to cy.elists, while simultaneously increasing public health and fighting climate change. For these reasons, we are proud to support AB 1909."
Committee Comments: This bill makes comprehensive amendments to current law in order to protect cyclists and decrease barriers to more citizens choosing to ride a bicycle.

Related and previous legislation:

AB 1096 (Chiu) Chapter 568, Statutes of 2015. Defined electric bicycle and created 3 class definitions. Banned class 3 bicycles from a bicycle path or trail, equestrian trail, or hiking or recreational trail and allows local jurisdictions to limit operation of Class 1 and 2 electric bicycles on a bicycle path or trail, equestrian trail, or hiking or recreational trail.

AB 1371 (Bradford) Chapter 331, Statutes of 2013. Specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance ofless than three-feet between any part of the motor vehicle and any part of the bicycle or its operator.

SB 1464 (Lowenthal) of 2012 would have sets requirements for the safe passing of bicyclists by motor vehicles and establishes fines and penalties for failure to abide by these requirements.

That bill was vetoed by the Governor on the grounds that the bill authorized a dangerous maneuver (crossing double yellow pavement markings) and would weaken the state's defense to lawsuits.

REGISTERED SUPPORT/ OPPOSITION:

Support
4-5-22 I 6M-9
Active San Gabriel
California Bicycle Coalition
Los Angeles County Bicycle Coalition
Move LA, A Project for Community Partners
Sierra Club
Streets For All
Opposition
None on file
Analysis Prepared by: Aaron Kurz/ TRANS./ (916) 319-2093 AB 1909
Page6
4-5-22 / 6M-10

OFFICE OF THE MAYOR

AND CITY COUNCIL
Gene James
Mayor
Chris Duncan
Mayor Pro Tern
Laura Ferguson
Steve Knoblock
Kathy Ward

CITY MANAGER
Erik Sund
910 Calle Negacio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish Village
by the Sea"
anClemente
CELEBRATING 90 YEARS OF INCORPORATION
April_, 2022
The Honorable Chris Holden
Chair
Assembly Appropriations Committee
1021 0 Street, Suite 5650
P.O. Box 942849
Sacramento, CA 94249-0041
ATTACHMENT 2
RE: AB 1946 (Boerner Horvath) Electric bicycles: safety and training program.

POSITION: Support
Dear Chair Holden:

On behalf of the City of San Clemente, I want to express our support for AB 1946.

This measure would require the California Highway Patrol to develop, by September 1, 2023, statewide safety standards and training programs based on evidence-based practices fore-bike users including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining toe-bikes·. AB 1946would also require the safety standards and training programs to be developed in collaboration with relevant stakeholders and to be posted on the department's website.

Adoption of e-bikes increased by 145% from 2019-2020 in the United States. The City of San Clemente has similarly seen a dramatic increase in the adoption of ebikes over the past several years.

Not only does AB 1946 provide for the development of safety standards and training programs, it seeks to do so in collaboration with relevant stakeholders.

It is for these reasons that we respectfully request your support of AB 1946.Thank you for your consideration.

Sincerely,
Gene James
Mayor
City of San Clemente
cc: Members, Assembly Appropriations Committee
The Honorable Tasha Boerner Horvath
The Honorable Pat Bates
.City Hall • 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 4-5-22 I 6M-11
The Honorable Laurie Davies
Members, San Clemente City Council
Jay Dickenson, Chief Consultant, Assembly Appropriations Committee Page2
4-5-22 / GM-12
Date of Hearing: March 21, 2022

ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
AB 1946 (Boerner Horvath) - As Amended March 11, 2022
SUBJECT: Electric bicycles: safety and training program AB 1946

SUM:MARY: Requires the California Highway Patrol (CHP) to develop statewide safety standards and training programs for electri_c bicycles (e-bikes). Specifically, this bill:
1) Requires CHP to develop, on or before September 1, 2023, statewide safety standards and training programs based on evidence-based practices for users of e-bikes, including, but not limited to:
a. General electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electronic bfoycles.
2) Requires the safety standards and training programs to be developed in collaboration with relevant stakeholders and to be posted on CHP's website by September 1, 2023.

EXISTING LAW:
1) Defines an e-bike as a bicycle equipped with fully operable pedals and an electric motor ofless than 750 watts.
2) Defines a "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and, ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. 3) Defines a "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," as a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
4) Defines a "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, • and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
5) Prohibits the following actions while operating an e-bike:
a. Riding on a freeway
b. Riding an e-bike under the age of 18 without a helmet • c. Operating an e-bike under the influence of alcohol and drugs • 6) Requires the Department of Transportation (Cal trans) to develop minimum safety design criteria for cycle tracks.
7) Authorizes local governments to deviate from Caltrans' design criteria for bikeways under specified conditions.
4-5-22 I 6M-13
8) Establishes the CHP within the Transportation Agency.

FISCAL EFFECT: Unknown.

AB 1946

COMMENTS: During the COVID-19 pandemic, riding bikes became a popular way to be outside and maintain social distancing, while getting some exercise. This led to the radical increase in sales of all types of bikes, with a noticeable spike in e-bike purchases. E-bike sales grew 145% from 2019 to 2020, more than double the rate of classic bikes, according to the market research firm NPD Group. Deloitte projected that between 2020 and 2023, 130 million ebikes will be sold worldwide. At the present, e-bikes are among the world's top-selling electric vehicle.

According to the National Electronic Injury Surveillance System (NEISS), accidents inv,olving ebikes are more likely to result in serious injuries than traditional pedal-powered bicycles; a collision while operating an e-bike is more likely to result in hospitalization, and those operating e-bikes are three times more likely to hit a pedestrian. Current state law does not require or provide safety and training programs for the operation of traditional bikes ore-bikes.

Local Training: The rise in popularity of, and accidents on, e-bikes has led local governments and organizations to curate e-bike safety and education campaigns. The San Diego Bicycle Coalition, the Silicon Valley Bicycle Coalition, the cities of Encinitas, Carlsbad, and Solano Beach, the Hermosa Beach City School District, the San Diego Association of Governments (SANDAG), and others, have all created education materials regarding e-bike safety. However, very few offer classes, and efforts remain localized.

Current State Programs: CHP implements a traffic safety grant funded by the Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration, known as The California Pedestrian and Bicyclist Enforcement and Education Project. The stated goals of the project is, "to reduce pedestrian and bicyclist collisions and victhns." The project includes both enhanced enforcement and a public education and awareness campaign focusing on traffic safety, which includes motorist behavior when driving in the presence of pedestrians and bicyclists. The program provides comprehensive traffic educational events, "rodeos," community informational sessions and collaboration, distributes bicycle helmets and other safety equipment, educational materials, and training for CHP personnel.

CHP has also created a Bicycle Safety Course which holds valuable information related to bicycle safety and maintenance. The co-q,rse is available for anyone to complete, but is required within 120 days if a rider receives a citation for failing to wear a helmet. If the rider wears a properly fitted helmet and provides a copy of the course completion, the citation will be cleared.

CHP, in consultation with OTS, and has also created a bicycle and pedestrian tip sheet for motorists that include reminders such as "share the road." This bill creates a central authority on e-bike safety training and protocol that local governments and organizations can utilize in each community. This bill allows CHP to expand their current work on bicycle and pedestrian safety to e-bikes, and requires this information to be publicity available.

According to the author, "Unlike bicycles, an average e-bike can go as fast as 20 mph. Without the proper safety education and training for parents and children on how to ride safely, where to ride, bike maintenance, and the rules of the road for cyclists and drivers, e-bike riders are at risk 4-5-22 / 6M-14
AB 1946

of experiencing severe injuries or even fatalities. Currently, a handful of cities and bicycle organizations offer e-bike education classes. AB 1946 requires Caltrans and the Division of Traffic Safety to develop statewide, uniform safety education and training guidelines for e-bike riders to be posted on their respective websites to make it easier to lqcate and find this information."
Prior Legislation: AB 1096 (Chiu), Chapter 568, Statutes of2015 defines electric bicycle, motorized bicycle, moped, and includes various restrictions for the operation of Class I, II, and III electric bicycles. •
AB 1193 (Ting), Chapter 495, Statutes of2015 adds a new category ofbikewaynamed cycletracks or separated bikeways, also known as Class IV bikeways; clarifies Caltrans is required to establish minimum safety design criteria for each category of bikeways and provide consideration for the safety of vulnerable populations; and authorizes a local agency to utilize other minimum safety criteria if specified conditions are met.

SB 1095 (Killea), Chapter 517, Statutes of 1998) creates a bicycle facilities coordinator within Caltrans to be responsible for the administration of the department's bicycle-related activities, and consolidates provisions within the California Bicycle Transportation Act.

REGISTERED SUPPORT/ OPPOSITION:

Support
None on file.

Opposition
None on file.

Analysis Prepared by: Julia Kingsley/ TRANS. / (916) 319-2093 4-5-22 I 6M-15

OFFICE OF THE MAYOR

AND CITY COUNCIL
Gene James
Mayor
Chris Duncan
Mayor Pro Tem
Laura Ferguson
Steve Knoblock
Kathy Ward

CITY MANAGER
Erik Sund
9i0 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish Village
by the Sea"
an
Clemente
CELEBRATING 90 YEARS OF INCORPORATION
April_, 2022
The Honorable Chris Holden
Chair
Assembly Appropriations Committee
1021 0 Street, Suite 5650
P.O. Box 942849
Sacramento, CA 94249-0041
ATTACHMENT 3
RE: AB 2177 (Irwin) Coastal recreation: designated state surfing reserves.

POSITION: Support
· Dear Chair Holden:

On behalf of the City of San Clemente, I want to express our support for AB 2177.

This measure will create a process for designating state surfing reserves in order to recognize the cultural, economic, and ecological importance of California's surf • zones. In addition, this measure authorizes a local agency, after adopting a formal resolution, to apply to the Coastal Conservancy for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve. Further, this measure requires the local agency to include in its application a description of the proposed surfing reserve, including specific geographic location and description of the cultural, historical, ecological, and economic value of the proposed surfing reserve, in addition to any other eligibility criteria required by the Conservancy.

San Clemente is at the heart of California's beach and surf culture. The City of San Clemente hosts regional and national events, including an annual Ocean Festival and the2021 World Surf League finals. It is also home of USA Surf and the Surfing Heritage and Culture Center. More than 10,000 visitors venture to the San Clemente area every day in recent summer seasons, with annual visitation of about

2.5 million people. San Clemente is a regional, statewide and national destination.

We want to thank the author for introducing this measure and respectfully request your support of AB 2177.Thank you for your consideration.

Sincerely,
Gene James
Mayor
City of San Clemente
City Hall• 910 Calle Negocio, San Clemente CA 92€?73 • (949) 361-8200 • www.san-clemente.org 4-5-22 / 6M-16
cc: Members, Assembly Appropriations Committee
The Honorable Jacqui Irwin
The Honorable Pat Bates
The Honorable Laurie Davies
Members, San Clemente City Council
Jay Dickenson, Chief Consultant, Assembly Appropriations Committee Page2
4-5-22 / 6M-17
Date of Hearing: March 21, 2022

ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Luz Rivas, Chair
AB 2177 (Irwin) - As Amended March 14, 2022
SUBJECT: Coastal recreation: designated state surfing reserves SUMMARY: Establishes new state authority to designate state surfing reserves. • EXISTING LAW:

AB 2177

1) Establishes the California Coastal Conservancy (Conservancy) to protect and improve natural lands and waterways, help people access and enjoy the outdoors, and sustain local economies along the length of California's coast and around San Francisco Bay. (Public Resources Cody § 31100)
2) Establisl:ies surfing as the official state sport. (Government Code sec. 424.7) THIS BILL:
1) States the intent of the Legislature to establish a process for state designated surfing reserves in order to recognize the cultural, historical, economic, and ecological importance of California's waves, surf zones, and their surrounding environments. 2) Defines "surfing reserve" as an area that would feature protected waves, surf zones, and surrounding environments and would recognize the surfing area's environmental, cultural, and historical significance.
3) Requires, on or before July 1, 2023;Conservancy to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve. Authorizes the Conservancy to r~quire, as one of the criterion, a letter of recommendation for the designation of a state surfing reserve from the California Coastal Commission.
4) Requires the Conservancy, when establishing criteria for purposes of the state surfing reserve designation, to consider factors including, but not limited to, wave quality and consistency, surf culture and history, and environmental characteristics. 5) Authorizes a local agency, after adopting a formal resolution, to apply to the Conservancy for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve.
6) Requires the agency to include in its application a description of the proposed surfing reserve, including specific geographic location and description of the cultural, historical, ecological, and economic value of the proposed surfing reserve, in addition to any other • eligibility ctiteria required by the Conservancy.
7) Requires the Conservancy to approve the application from the local government if the area of the coastline meets the established criteria.
4-5-22 I 6M-18
AB 2177

8) Authorizes the Conservancy, once the application is approved, to designate the area as a state surfing reserve and include this designation in any publications or maps that are issued by the Conservancy.

Authorizes the Conservancy, if at any time it determines that the designated state surfing reserve no longer meets the criteria, to revoke its designation as a state surfing reserve.

FISCAL EFFECT: Unknown.

COMMENTS:
1) Author's statement.

California has a long history of recognizing the unique qualities of our coastlines and oceans. With a coastline that spans 1,100 miles, our state is home to a number ofworldfamous surf breaks including Malibu, Huntington Beach, Trestles, and Mavericks. These breaks are destinations for domestic and international surfers, with our state proudly hosting numerous surf events like the U.S. Open of Surfing, the International Surf Festival, and this year, the Finals of the World Surf League. In 2018, the California Legislature designated surfing as our official state sport. Since then, our state has continued to promote sustainable practices and environmental protections for our surfing zones, making AB 2177 the next logical step in supporting our surf communities.

Similar to our state's Scenic Highway designations, AB 2177 will create a process for state designated surfing reserves in order to recognize the cultural, economic, and ecological importance of California's surfzones. This designation will facilitate economic benefits to local communities, celebrate that a number of these surf breaks are also the ancestral homeland for indigenous peoples, and ultimately provide smaller surfing communities with a statewide program to encourage tourism and surfing as a way for Californians to connect with our oceans.
2) Surfing in California. The popularity of surfing in Califo:nna was inspired by a man named George Freeth, who had grown up surfing in Waikiki and moved to Southern California in the early 1900s, where he introduced the sport and fanned its popularity amongst southern Californians.

Surfing competitions were established along the California coast during the 1920s, and a booming surf culture was created when the automobile became readily accessible, enabling inland individuals to visit the coast.

Today, surfing is an iconic California sport, and the state is home to a number of worldfamous surf breaks like Malibu, Trestles, Mavericks, Rincon, Steamer Lane, Ocean Beach, and Huntington Beach, which are destinations for both domestic and international surfers.

Every year, California hosts numerous domestic and international surf events, including the International Surf Festival, the U.S. Open of Surfing, and the Big Wave Surf Contest.

California is also home to the Surfers' Hall of Fame, the International Surfing Museum, and the California Surf Museum.
4-5-22 I 6M-19
AB2177

The sport of surfing has buoyed both economic innovations and scientific advancements. The commercial surfboard industry started in California in the 1950s. The science of wave forecasting was pioneered at the Scripps Institution of Oceanography at the University of California and allows surfers to predict when and where to go surfing all over the world. The invention of world's first neoprene wetsuit is attributed to a physicist at UC Berkeley.

The United States is home to approximately 3.3 million surfers, who spend between $1.9 and $3 .3 billion each year on local surf trips. Prof~ssional surfers brought in $140 billion in surf tourism in California in 2018 alone, and the surf industry, which is almost exclusively based. in California, generates more than $6 billion in United States annual retail sales.

Additionally, a report published by the National Oceanographic and Atmospheric Administration (NOAA), indicated that California has the highest number of individuals who surf in the country.

Surfing today is one of the fastest-growing sports in the world with the Summer Olympics now including surfing as an event. In 2028, Los Angeles will host the Summer Olympics, and with surfing being an event, the visibility for the sport, and therefore the waves, will be apparent.

In recognition of the importance and contributions of surfing to California, in 2018, the Legislature enacted AB 1782 (Gray, Chapter 162, Statutes of2018) to name surfing the official sport of California. That same yem:, the Legislature named September 20 of that year as California Surfing Day.
3) Surfmg reserves. This bill would establish designated surfing reserves to recognize the cultural, historical, economic, and ecological importance of California's waves, surf zones, and their surrounding environments.

The bill is modeled after the state's successful scenic highway designations. In 1963, the State Legislature established the California Scenic Highway Program to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. It declared that scenic highways will ''play an important role in encouraging the growth of the recreation and tourism industries upon which the economy of many areas of this State depend."
Scenic corridors consist ofland that is visible from, adjacent to, and outside the highway right-of-way, and is comprised primarily of scenic and natural features. Topography, vegetation, viewing distance, and/or jurisdictional lines determine the corridor boundaries.

Like scenic highways, the onus of designating a surfing reserve would be on a local government to propose. The reserve would consist of a designated stretch of coastline, such as a known surf zone, like Mavericks, as a surfing reserve. The local agency would apply to the Conservancy to request approval of the designation.

While AB 2177 would not require signage the way designated scenic highways are recognized, it would require the Conservancy to include designated surfing reserves in any publications or maps that are issued by the Conservancy. 4-5-22 I 6M-20
Surfing Rincon, coast of Carpentaria
AB2177

4) 30x30. In October 2020, Governor Newsom signed his Nature Based Solutions Executive Order N-82-20, elevating the role of natural and working lands in the fight against climate change and advancing biodiversity conservation as an administration priority. As part of this Executive Order, California is committed to the goal of conserving 30% of our lands and coastal waters by 2030, hence 30x30.

While a surfing reserve designation will not oblige a local government to conservation or restoration mandates, or preclude permitted development, recognition of surfing areas will compel a natural appreciation of those areas, much like it is common knowledge not to pick a wild poppy because it is California's state flower.

In that regard, designated surfing reserves are compatible with and supportive of the 30x30 conservation goal.
5) Benefits of designated surfmg reserves. In addition to honoring the cultural and recreational benefits of surfing, designation could attract tourists looking for surfing vacations in California by facilitating trip planning to desirable surfing zones. Designations would al~o instill a reverence for the coastline's recreational values, coastal views, and the "blue spaces" both Californians and tourists seek out.
6) Technical amendments. The committee may wish to amend the bill as follows:
• Change the code section of the bill from section 30280, which is in the California Coastal Act, to a code section within Division 21, under the Conservancy's statutory guidance.
• Amend sec. 30282 ( c )(2) to require the Conservancy to include designated surfing reserves in published maps, when appropriate.

Related legislation: ACR 116 (Nguyen, 2022) would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing lifestyle. 4-5-22 I 6M-21
REGISTERED SUPPORT I OPPOSITION:

Support
None on file.

Opposition
None on file.

Analysis Prepared by: Paige Brokaw /1'_J'AT. RES. I
AB 2177

4-5-22 I 6M-22

OFFICE OF THE MAYOR

AND CITY COUNCIL
Gene James
Mayor
Chris Duncan
Mayor Pro Tem
Laura Ferguson
Steve Knoblock
Kathy Ward

CITY MANAGER
Erik$und
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish Village
by the Sea"
an
----- Clemente
CELEBRATING 90 YEARS OF INCORPORATION
April_, 2022
Th~ Honorable Janet Nguyen
Member
California State Assembly
1021 0 Street, Suite 5330
P.O. Box 942849, Sacramento, CA 94249-0072
Sacramento, CA 94249-0041
ATTACHMENT 4
RE: ACR 116 (Nguyen) California Surfing Day.

POSITION: Support
Dear Ohair Holden:

On behalf of the City of San Clemente, I want to express our support for ACR 116.

San ·Clemente is at the heart of California's beach and surf culture. The City of San Clemente hosts regio'nal and national events, including an annual Ocean Festival and the 2021 World Surf League finals. It is also home of USA Surf and the Surfing Heritage and Culture Center. More than 10,000 visitors venture to the San .

Clemente area every day in recent summer seasons, with annual visitation of about

2.5 million people. San Clemente is a regional, statewide and national destination.

This measure seeks to recognize September 20, 2022 as California Surfing Day to celebrate the California surfing lifestyle. It would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the . protection of our beach and ocean environments. ACR 116 would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

Therefore, we want to thank you for introducing this measure and want to be counted as supporting ACR 116.

Please let us know how we may help in this regard.

Sincerely,
Gene James
Mayor
City of San Clemente
cc: The Honorable Pat Bates
The Honorable Laurie Davies
City Hall • 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 4-5-22 I 6M-23

Members, San Clemente City Council
4-5-22 I 6M-24
I .. ··
RSSEMBlYWDMRN JRNET NGUYEN

CALIFORNIA STATE LEGISLATURE

INTRODUCTION
California is home to a long established and widely respected surfmg culture. This includes everything from prestigious surf competitions and festivals, well-known surf clothing and equipment companies, museums and nonprofits, and a tourism industry that supports many coastal communities including Huntington Beach, also known as Surf City USA.

BACKGROUND
The State of California first observed California Surfing Day on September 20, 2018 and was adopted by California's surfers as a day to unify around their love of the ocean, the sport, and the pursuit of the perfect wave. Surfing and surf culture has sustained many coastal communities including Huntington Beach, San Clemente, Santa Cruz, Oceanside, Malibu and more.

California's coastline spans 1,100 miles and its beaches and coastal areas generate $1.15 trillion in economic activity annually. The United States boasts approximately 3.3 million surfers who spend between $1.9 and $3.3 billion each year on local surf trips. The surfing industry, alm,ost exclusively based in California, generates over $6 billion in United States annual retail sales and California has the largest ocean economy in the United States, ranking number one for both employment and jobs and gross state product at approximately $41.9 billon.

RESOLUTION
This measure, ACR 116, would recognize September 20, 2022as California Surfing Day to celebrate the California surfing Hfestyle. It would comrn:end all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments. ACR 116 would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

STAFF CONTACT
Preston Romero
Legislative Aide
[email protected]
(916) 319-2072
4-5-22 I 6M-25
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
Agenda Item (ON
Approvals:

City Manager £,'7
Dept. Head ---
Attorney GT
Finance p

ACCEPTANCE OF SENSORY PANEL DONAT/ON FOR THE COURTNEY'S SANDCASTLE

PLAYGROUND AND APPROVAL OF TILE MURAL INSTALLATION IN SENSORY GARDEN FROM

COURTNEY'S SANDCASTLE FOUNDA T/ON
Unknown at this time. The tile mural is being donated, however there may be ongoing maintenance costs associated with general upkeep, including graffiti removal and/or prevention. The sensory panels will likely have costs for replacement equipment and pieces depending on general wear and tear.

Staff recommends that Council approve the installation of a tile mural at Courtney's Sandcastle Playground and accept a donation from the Courtney's Sandcastle Charitable Foundation of sensory panels to be added to the playground area. The purpose of the installation of the mural is to recognize Foundation board members for their service to the playground's development; the purpose of the sensory panel donation is to provide an additional play element for children while deterring individuals from running onto the surrounding slope.

Since its founding, the Courtney's Sandcastle Charitable Foundation ("Foundation") has contributed to the growth of the Courtney's Sand Castle Playground ("Playground") through a variety of fundraising efforts and special projects. This partnership has positively impacted the development of the playground.

In February 2022, in light of the Playground and Sensory Garden being fully developed and complete, the Foundation resolved to dissolve its status as a non-profit 501 c3 organization and effectively disband. The board acknowledged the legacy that it will leave behind and committed to spending its remaining funds on final enhancements at the Playground.

Before its dissolution, the Foundation seeks to make two final donations to the City and the Playground: (1) a tile mural display; and (2) sensory panel play features. The Foundation has committed to contributing all costs associated with these two projects.

The tile mural, depicted in Attachment 1, displays the Foundation's logo and the names of all board members since its inception. The Foundation has requested to install this mural on a raised planter located in the Sensory Garden. The mural is proposed to be 72"x30" and will be comprised of 6"x6" individual tiles. It has an estimated value of $1,500.

Recreation Agenda Report 4-5-22 I 6N-1
Agenda Report
Plan and Policy
Page2
The sensory/music panels, depicted in Attachment 2, are intended to be placed underneath the large green shade structure against the slope area. The panels selected will provide an additional play element to attract playground users under the shade structure while deterring children from running up the slope. The estimated value of these panels is $15,575, plus installation of $4,000.

Consistency: The project is consistent with related General Plan policies as shown in the table below.

Recommended
UD-1.02 Design of Public Plazas and Consistent. The project proposes a tile Spaces. "We require public plazas and mural displaying the Courtney's spaces to be designed for safety, comfort, Sand Castle logo in a public space, convenience and universal accessibility. adding public art consistent with the They should be well-defined by policy.
surrounding buildings, located near the
public street for good visibility and
convenience and incorporate amenities
such as seating, distinctive focal points,
public art, shade trees and/or eating fmd
entertainment facilities."
BPR-2.1 O Universal Access. ''We seek to Consistent. This project increases play provide, where feasible, inclusive equipment that is universally recreation facilities that meet or exceed accessible and futher promotes accepted standards for Universal Access" sensory development.

BPR-7.04. Community· Support. "We Consistent. This ·project utilizes a encourage neighborhood groups, donation from a local non-profit organizations, and businesses to become organization to enhance existing active supporters of our beaches and playground facilities. parks facilities and programs through
contributions of goods, services, labor and
money."
Action: STAFF RECOMMENDS THAT the City Council approve the installation of a tile mural in Courtney's Sandcastle Playground Sensory Garden; and accept a donation of four sensory panels for the playground.

Attachments: 1. Tile Mural Depiction

2. Sound Panel Play Feature
Notification: Courtney's Sandcastle Foundation
4-5-22 I 6N-2
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
I N NM!t MM i%4AM+i4 J!
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
&
Agenda Item lo Q
Approvals:

City Manager £7
Dept Head
Attorney CJ:

Finance "17'__)1..- '~-~--

CONSIDERATION OF PUBLIC MURALS AT END OF PIER CONCESSION FACILITY Fiscal Impact: Unknown at this time. The artwork is being donated, however there may be ongoing maintenance costs associated with general upkeep, including graffiti removal and/or prevention.

Summary: Staff and the Beaches, Parks and Recreation Commission recommend the City Council approve the installation of two public art displays at the end of pier concession faci lity. The purpose of this project is to provide artistic enhancements to the exterior of the end of pier concession facility.

Background: City Counci l adopted a process for the review and approval of public art on public property (Attachment 1 ). This structured process allows for individuals or organizations to apply to create and establish artwork on public property by going through a formal review process, ending with City Council approval.

Discussion:

The Beaches, Parks and Recreation Department received an application for public art from PierPride Foundation (Attachment 2) to install two painted murals at the end of pier concession on the north and south side of the building. (Attachment 3). Per the Art on Public Property process, a public notice was posted at the proposed mural site.

No comments or feedback have been received from the public regarding the posting or proposal.

The proposed murals were reviewed by the Beaches, Parks and Recreation Commission at its February 8, 2022 meeting, and the Design Review Subcommittee at its February 23, 2022 meeting. Both review bodies recommended approval.

In fall 2021, PierPride coordinated a call for public art. For the artwork selection, the organization commissioned an art jury committee. After review, PierPride has selected "Dory Race" for the south/ocean-facing side of the building and a "Snack Shack & Tackle Box" sign concept for the north/inland-facing side of the building (Attachment 3).

The artwork is designed by and will be completed by Jim Parkhurst, a local San Clemente artist and resident. The "Dory Race" mural is intended to depict a duo participating in the dory races at the San Clemente Ocean Festival event. The artistic rendering is stated to represent one of San Clemente's most infamous beach events by conveying the thrill and excitement of the activity.

Recreation Agenda Report 4-5-22 I 60-1
Agenda Report
Plan & Policy
Page2
The "Snack Shack & Tackle Box" mural is intended to characterize the building by providing an identity to the space. The design hopes to draw visitors to the end of the pier to enjoy food and beverages at this City concession space. The artwork depicted is intended as a conceptual design.

Consistent with the Public Art Policy, the final mural will include an anti-graffiti coating.

Should the mural be approved, it would be entered into the standard maintenance program of the public art procedure and would have a lifespan of approximately 1 O years.

Although the City does not have adopted design guidelines when it comes to public art, City art projects typically reflect the character of San Clemente, enhance the Spanish Village by the Sea character, and are consistent with the design of the surrounding community. This design is consistent with these measures.

The artwork will be installed and completed ·in conjunction with the approved Capital Improvement Project to provide necessary maintenance upgrades to the end of pier concession building. Alongside the public art enhancement, PierPride is also donating funds for additional improvement to the concession area, including upgraded picnic/game tables, bar top seating with bar stools, and improved flagpole lighting.

Consistency: The project is consistent with related General Plan policies as shown in the table below.

Recommended
UD-1.02 Design of Public Plazas and Consistent The project proposes a Spaces. "We require public plazas and painted mural in a public space, spaces to be designed for safety, comforl, adding public art consistent with the convenience and universal accessibility. policy.

They should be well-defined by
surrounding buildings, located near the
public street for good visibility and
convenience and incorporate amenities
such as seating, distinctive focal points,
public arl, shade trees and/or eating and
enterlainment facilities."
Action: STAFF AND THE BEACHES, PARKS AND RECREATION COMMISSION RECOMMEND THAT the City Council approve the installation and design of two public art murals on the end of pier concession building.

Attachments: 1) Art on Public Property Policy
2) Artist Application
4-5-22 I 60-2
Agenda Report
3) Location photos & Proposed Mural Rendering
Notification: PierPride Foundation
End of Pier Concession
Page3
4-5-22 I 60-3
ATTACHMENT 1
City of San Clemente I Art on City-Owned Property
City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361 -8264 I Fax: (949) 361 -8280

ART ON CITY-OWNED PROPERTY

PROCEDURE & APPLICATION
An important source of public art is that which is privately funded, but located in a public place. Usually, such works are commissioned by an individual, a group of individuals, a non-profit organization or a business or corporation. All interested parties must proceed through the following process.

SUBMITTAL OF PROPOSAL
All proposals for privately funded public art placed on City property must be submitted by using the Art on City-Owned Property Application. The form must be accompanied by drawings, models, photographs or any other graphic depiction that will help to clearly define the artwork. All proposals must be for original works of art and refrain from the use of any copyrighted or trademarked images. Applications should be submitted to the Recreation Division with attention the Recreation Manager.

EVALUATION & APPROVAL OF PROPOSAL
Evaluation Process
Once the proposal is received by the Recreation Manager, it will be reviewed within 4-6 weeks. The Manager will evaluate the project based on the guidelines below and may make suggestions for improvements before proceeding forward through the remainder of the process.

Evaluation Guidelines
Project concepts will be evaluated based on, but not limited to, the following criteria:
• Understanding of the work that may be required by the City (ie. possible preparation of site) • Evaluation of artistic excellence related to the art theme and concept • Appropriateness of scale, form, material, content and design relative to the site • Relationship to the social, cultural and/or historical identity of the site • Compatibility and enhancement of the surrounding community • Appropriateness of proposed materials in regards to structural and surface integrity, public safety, potential weathering, and its protection against vandalism • Ease of long-term maintenance
• Any relevant experience in working on comparable projects • Projects proposed for areas of high historical sensitivity, such as the Ole Hanson Beach Club and surrounding area, should be given the closest possible scrutiny to determine if the project would be an enhancement to the area
Approval Process
Once a privately funded project is recommended for placement on City-owned property, it will be reviewed by the City departments and advisory bodies listed below. The Recreation Manager acts as the project manager for all projects and is responsible for guiding the requesting agent/agency through the following approval stages.

1. Recreation Manager receives and reviews the proposed project to assure that it complies with the preliminary guidelines listed above.

2. Public Works Director or his/her designee reviews the proposal to assure:
10/27/2017 Page 1 of 4
4-5-22 I 60-4
City of San Clemente I Art on City-Owned Property
a. that the artwork's placement will not create undue difficulties for maintenance of the surrounding area, and
b. that the proposed materials are durable and will not create significant maintenance problems for the artwork itself.

3. Public Notice is displayed at the site being requested. The notice will remain in effect for 30 days, affording the general community and surrounding neighborhood an opportunity to understand the project that is being considered. Notice will also be delivered through the press media, City social media networks, and by display on the City website.

4. Design Review Subcommittee reviews the proposal to assure that it abides by any possible architectural overlays or other related restrictions that maybe affected by the project. •

5. Beaches, Parks and Recreation Commission reviews and provides recommendation to Council on how to proceed.

6. City Council makes additional recommendations and/or approves the concept and authorizes execution of the project.

Appeal Process
If the proposal is rejected at any stage, the requesting agent or agency has the right to appeal this decision to the City Council. The findings and rationale for rejecting the project will be made available to the Council when considering the appeal.

LABELING OF ARTWORK
Standard Plaque
The donor is directed to purchase and install a plaque for the artwork or the Recreation Manager may seek approval from Council to use public funds for the plaque. If the donor wishes to purchase and install the plaque, the following standard format must be used:
• Title of artwork
• Artist's name
• Date of completion
• Material(s) used (optional)
• Short explanation of work (optional)
Deviation from Standard Plaque
All requests to deviate from the standard plaque are made to the Recreation Manager.

FINAL ACCEPTANCE
Maintenance. The Recreation Manager· provides the Public Works Department with a Public Art Maintenance Record form. See details regarding routine maintenance and scheduling in the section of this document titled 'Maintenance and Repair', this includes estimated lifespan of artwork.

Inspection and Acceptance. All donated projects on public property must have final inspection approval by the City's Public Works Department and the Recreation Manager. A formal letter of acceptance will be completed and delivered.

Ownership. Upon completion, the artwork becomes the property of the City of San Clemente. See details regarding routine maintenance and scheduling in the section of this document titled 'City's Right of Ownership'.

DEDICATION OF ARTWORK
Once installation is complete, the Recreation Division organizes a dedication ceremony that formally presents the piece to the community, recognizing the artistic efforts of the artist and/or organization(s). 10/27/2017 Page 2 of 4
4-5-22 I 60-5
City of San Clemente I Art on City-Owned Property

INSURANCE REQUIREMENTS
The City's Risk Manager will be consulted to determine the appropriate type and level of insurance that may be required to carry by an artist during the time the artwork is being installed.

Once artwork is formally accepted, the City assumes responsibility and liability for the art and insurance will not be required.

AGREEMENT/CONTRACT PREPARATION
Upon conceptual approval of the project by the City Council, the artist and/or requesting organization and the City will sign a contract establishing the terms of the proposed installation of public art in the designated public place. This contract will define responsibilities of both parties and will include insurance requirements, terms of installation, and otherterms as may be deemed necessary through legal review. This contract can vary based on each individual project that is proposed and approved.

MAINTENANCE AND REPAIRS
Like all City facilities, public art requires maintenance and occasional repairs. The City's guidelines encourage artwork requiring "little or no maintenance", however artwork will vary in the amount of maintenance required, resistance to vandalism, and ease of repair. Maintenance shall be comprised of the following:
• Maintenance Record Form
It is essential that the artist and the City be clear about maintenance expectations from project initiation. Prior to final acceptance of the artwork, the Recreation Manager ensures that the artist has completed a Public Art Maintenance Record Form. The original copy of the form is kept by the Recreation Manager and a copy is forwarded to the Public Works Department. • Maintenance Responsibility
The Public Works Department is responsible for maintaining City facilities, and this includes all City-owned public art. A list that identifies which Public Works Department division is responsible for the maintenance of a particular piece of public art is available from the City's Public Art Manager. •
• Types of Maintenance. The City is responsible for:
10/27/2017
o Routine Maintenance. Such maintenance may include trash and graffiti removal, cleaning, waxing, and/or minor landscaping. Frequency will vary by type of artwork, but bi-weekly or monthly checks by maintenance staff during the normal course of their rounds would be typical. •
o Cyclical Maintenance. Cyclical maintenance is done at regular, but much less frequent intervals. It involves more extensive treatment such as inspection and surface applications of protective coatings (e.g. repainting). Because this work could significantly affect the appearance and longevity of the artwork, it may require special knowledge or skills. Before proceeding with the work, staff should either:
■ Consult the artwork's Maintenance Record Form for specific procedures, or • Consult the artist or other art professional on use of cleaning compounds, paints, solvents, and surface coatings.
o Repair and Restoration. This involves the treatment of damaged or deteriorated artworks to return them to as close to their original appearance as possible. Extreme care must be used to maintain the artistic integrity of the artwork. The repairs must preserve the artist's intent in both design and materials. In many cases, such repairs require the involvement of the original artist, or if that is not possible, an art conservator trained in art restoration.

Again, the artwork's Maintenance Record Form, prepared by the artist prior to final City acceptance of the artwork, gives some guidance on this issue. In many cases restoration

4-5-22 I 60-6
City of San Clemente I Art on City-Owned Property
to original condition is not practical or achievable. The City will take the best possible care to maintain the artistic integrity of artwork.

CITY'S RIGHT OF OWNERSHIP
Upon completion of artwork, the City assumes complete ownership of artwork installed in or around City owned properties. The City may adhere to the following standards:
• Relocation, Alteration or Removal
Over time City-owned artworks may need to be relocated, altered, or removed from public display.

Reasons for such changes could be as follows:
o significant changes occur in the design or function of the site or facility where the artwork . is located;
o to avoid damage to the artwork, e.g. during construction activities or as a result of vandalism, war or civil unrest, natural disasters, and environmental pollution; o to allow repairs or restoration that could not be effectively done in place; o supporting structure is no longer in fair condition, is deemed unsafe, and/or will require repairs beyond normal wear and tear; or
o to improve public health, safety or welfare.

As necessary as removal or relocation may seem, it should be undertaken only after careful consideration. Artworks are usually created for a specific location, and changes may not be consistent with either the City's or the artist's original intent. To ensure that all parties' needs and rights are considered, City Manager approval must be secured for the relocation, alteration, or removal of permanent, city-owned artworks.

Contract language on relocation, alteration or removal ensures that:
o The artist's contract clearly acknowledges the City's rights to relocate, alter or remove the artwork, with or without special conditions requiring written notice to the artist, prior artist permission, arbitration in the event of a dispute, or other provisions; o The City has the permanent addresses and phone numbers of the artist and/or organization of at least one responsible party who can be contacted regarding relocation, alteration or removal. It is the responsibility of the artfst to keep this information current. • Approximate Lifespan
The lifespan of artwork can vary based on original application and unforeseen maintenance challenges. It is estimated that the approximate lifespan for coastal zone locations is 10 years • and the approximate lifespan for inland location is 15 years.

Please retain this packet of information for your records throughout the art planning process. 10/27/2017 Page 4 of4
4-5-22 I 60-7
ATTACHMENT 2 ,.··.
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Preserving" Uniquely San Clemente Experi~
Artlst Application
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Jmervlng a Uniquely San Clemente Experience
•. Th!~~~rr~rt.l~litJ~ made and entered inta.b,etwe'en U) thtfCityt>fSan ¢l~nie~~Jh~refr1atter "City'f)and'{2) · Ifjf!{.t.f":faNmbS$T:. selected to participate in the Art On The Pier Art Program (her!;'!inahef 0Artist''). . • AijliNqRK REQUDUNGPAINT

1. Pirttst'will iise.p;tllnt type and paintpi'oduc:ts r~cqmii1ended by the City which are the fot19wing: .. a .• PAINT TYPE: premium high solids·ioo4),6atfyiie'i~t~waterborne exteriorwaUand'trfril.paint; IQw-sheen, eggshell br s~tln finish;·mlnht!U!ll 1.5 mil dry thic~ness per coat. • • b. · PAlN1'P~ODUctS (lri retommei,ijed,'. 6ti:l~r}: •• . •• • • • . • • • • Nova Color {available whril.esal~ at WWW .hovacolorpaint;com • Sherwin WUliarns: Accc,hide -Ext~iot. Acrylic Latex, S$ti~ • Pratt and Lambert: Accol~de exte,lorAcrytic; Lat,x; Eggshell • • BettJ~l'Jliri Moc;>r~: Ai.Ira ~xttriQt A~ryli¢ u(tex-#~34loW lustre • Fraze,i1J126 Mlrre> Glide i.ow Sh,en Acrylic Uitex
• Kelly Moore #1.245 Acry-S~ield Acrylic Latex Low Sheen

2. Art:istwill purc:hase the r,eede~ paintand supplies, includii)g paintbrushes, paintrollers1 rolling pans, • qtop doth~ masking tape, latex gloves, and cups fc>r blending/mixing paint. Artist musf provide ti ls/her · own adijltionat supplies if needed. • • • •
a. The Cify wiil have the mural location prepped and primed prior to painting. The City wlll also apply a protective coating oAte the artwork has been competed.

FREESTANDING ART PIECES, STATUES, OR SCULPTURES

4. Freestanding art pieces shall be reviewed and approved by the Building and Safety department to ensurethey are lnstailed and secured tonsistentwith health and safety requirements.

5. All artwork installation and pc1inting of murals is anticipated to be completed between April and May • 2022 and. will be llmlt~d to one week. However, the exact date depends on when the City completes . the renovation project. -The Artists will be required to install artworks on a specified· day and time during t~e one week installation period for an Artist "meet and greet." The artist must stay within the designated work area at all times.

6. Art pieces must be completed and installed as approved. 4-5-22 I 60-9

7. The artist shall schedule and attend a Public Works inspection at least 48 hours prior to commencing work. Please contact Randy Little, Maintenance Manager at (949) 361-8317. During this inspection public works staff will identify electronics, equipment, and other facilities on the exterior of the cabinet which shall not be painted, this may include but not be limited to:
• official plaques, stickers, or identification numbers • keyholes or keyhole covers so they cannot be opened
• windows, vents, or viewing ports

8. If any component of the City's property is damaged as a result of the artists work, the artist shall arrange for a licensed contractor to repair the damage at the artist's sole expense.

9. The artist shall provide for City maintenance, operations, and emergency access to the structure if needed at all times.

10. Artist recognition via signature on the art piece may be no larger than 3"x 5".

11. The completed artwork will be the property of the City, which retains the right to remove, modify, or replace the artwork if necessary, without compensation to Artist. -12. The City may use images of the artwork for promotional purposes.

13. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature.

14. Artwork may not include any breach of intellectual property, trademarks,'brands, images of illegal activity or involve the attachment of any object(s) to the box.

15. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify damaged artwork if Artist is unavailable.
16'. PierPride Foundation will pay an honorarium to the Artist within 30 days upon completion of the art instillation. It is the artist's responsibility to contact PierPride at the time of completion.

17. Artist shall defend, indemnify, protect and hold harmless the City, or their elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the •. result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist's employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in connection with the execution of the work covered by this Agreement. Artist shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City subsequent declaration by the Artist. Artist's obligations shall survive the termination of this Agreement.
4-5-22 I 60-1 0

18. To prot~ct the City, Artist shall execute a ConsentFprm before participating in the O Art On The Pier" project.
19, A.rti~ i$- hotiitnd any of the Artist's agents, employees 6r representatives are, for all purposes under _-•• this agre~rrient, an todependenteontritctor·i;tnd shall not be deem~,u~ be an em.plpye~ -of the Cit;y, ~nd none of them shi:111 b~ enti~le to anybene.fits: to· which c;tty Ei!inployees are entitled inc:tudirig but not Urtiited_to, overtime, retirement benefits,:wor~er's t:ompensiition b~nefits, injury leave or other • 1eave benefits.

20. The City may terminate this Agreement atahv time ,and for any rea$on. -Details subject to change per Counctl direction or thatofthe Pier Pride Foundation.

Date·
4-5-22 I 60-11
ATTACHMENT 3
South Fa~ade Jim Parkhurst Mural
North Fa~ade Jim Parkhurst Mural & Signage
4-5-22 I 60-1 2
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Public Works/Engineering
Kiel Koger, Public Works Director/City Engineer

WEST COAST ARBORISTS PERFORMANCE/SAFETY EVALUA TJON
Agenda Item ~ A
Approvals:

City Manager ~ ;~
Dept. Head
Attorney
Finance
Fiscal Impact: None at this time.

Summary: West Coast Arborist's (WCA) workmanship and response times are in accordance with the specifications detailed in the contract. The managers and supervisors have been accessible and responsive to requests and resident complaints have been in line with complaints we receive from other contractors.

All complaints are investigated and corrective measures taken as needed.

Background: In the current fiscal year, WCA has trimr:ned 2,635 City trees. In addition, WCA has performed approximately 10 tree and stump removals as well as a number of emergency call-outs for fallen limbs and trees from storms and traffic accidents. All work and response times have been within the project specifications.

Recommended
Staff have received two complaints regarding tree work during the contract term. One complaint was initially thought to be WCA regarding a small amount of debris left behind after a pruning job was completed but upon further investigation was actually another contractor performing similar V),'ork. A second complaint came from a local restaurant regarding palm fronds dropping onto their outdoor tables while WCA was pruning along Del Mar. The debris was cleaned up immediately and additional attention was given by WCA to help reduce the likelihood of future issues. Overall, WCA has performed well and acted in a safe and professional manner.

Action: STAFF RECOMMENDS THAT the City Council receive and file this report.

Attachments: None
Notification: None
s:lcdlengineeringlsecureladmin\202214-514-5-22-4r.docx
Public Works Agenda Report 4-5-22 I 9A-1
Department:

Prepared By:

Subject:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
David Rebensdorf, Utilities Director
Agenda Item
~._......-
Approvals:

City Manager )ff
Dept. Head ~D~(~ /J
Attorney C:S
~--
Finance '-5iPADOPT AN ORDINANCE AMENDING CHAPTER 8.28 OF TITLE 8 OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT AND REPEALING CHAPTER

8.68 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE REDUCTION AND RECYCLING.

Fiscal Impact: None. Customers will pay for recent changes to the solid waste collection services, in accordance with the rate schedule adopted by the City Council on September 28, 2021.

Summary: The attached Ordinance (the "Ordinance") amends Chapters 8.28 and repeals Chapter 8.68 of the San Clemente Municipal Code. •
Background: Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste statewide by 50% from its 2_014 baseline level by 2020 and 75% by 2025. SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away. The purpose of SB 1383 is to reduce methane and greenhouse gas emissions resulting from landfilled organic waste, and the impact on climate change. The regulations promulgated by CalRecycle to implement SB 1383 (the "SB 13&3 Regulations") were finalized in late 2020 and took effect on January 1, 2022. The SB 1383 Regulations require the City to adopt and enforce an ordinance to implement the SB 1383 Regulations (this "SB 1383 Ordinance").

Discussion: CR&R Inc. (CR&R) currently provides solid waste collection services within the City.

On September 28, 2021, the City amended its franchise agreement with CR&R to include additional services in order for the City to comply with the organic waste diversion requirements under the SB 1383 Regulations. The City also adopted solid waste rates in late 2021 that reflected the increased SB 1383 obligations and requirement to provide residents and businesses with organic waste collection services. The Ordinance will require all residents and businesses to subscribe to organic waste collection services, and to sort and place organic waste (such as food scraps, food-soiled paper, etc.) in the green container instead of the black container.

It also establishes the obligations of commercial edible • food generators - businesses/entities that create edible food for human consumption (e.g., supermarkets, grocery stores, restaurants above a certain capacity or size, etc.) to:

Utilities Agenda Report
4-5-22 I 9B-1
Agenda Report
Recommended

(1) contract with food recovery organizations (e.g., food banks/pantries) and food recovery services for the donation of edible food that can be recovered for human consumption; (2) not intentionally spoil edible food capable of being recovered; (3) grant the City or its designee access to their premises for inspection and records review; and (4) keep certain records of their compliance. It sets forth the obligations of edible food recovery organizations and services to keep records of their transactions with commercial edible food generators, and to report to the City .at regular intervals the total pounds of food they recover from each generator. There are two tiers of commercial edible food generators. The requirements for Tier 1 (e.g., supermarkets, grocery stores, etc.) take effect immediately. The·requirements for Tier 2 (e.g., restaurants, hotel food facilities, etc. of a certain size) take effect on January 1, 2024.

The Ordinance requires the City and its designee to conduct inspections and investigations of containers, premises, and records to confirm compliance by commercial edible food generators and food recovery organizations and services, as well as compliance by residential and commercial generators. • Finally, the Ordinance sets forth the process for the issuance of a notice of violation and the assessment of a fine for any violations of Chapter 8.2a; as well as other civil penalties.

Action: STAFF RECOMMENDS THAT the City Council Introduce Ordinanc~ No. - entitled AN

ORDINANCE OF THE CITY COUNCIL OF CITY OF SAN CLEMENTE, CALIFORNIA AMENDING CHAPTER 8.28 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO SOLID WASTE MANAGEMENT AND REPEALING CHAPTER

8.68 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE REDUCTION AND RECYCLING.

Attachments: · Ordinance No.
4-5-22 I 98-2
Attachment 1
ORDINANCE NO. --

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SAN
CLEMENTE, CALIFORNIA AMENDING CHAPTER 8.28 OF
TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE
RELATING TO· SOLID WASTE MANAGEMENT AND
REPEALING CHAPTER 8.68 OF TITLE 8 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO SOLID
WASTE REDUCTION AND RECYCLl~G.

WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecyclE? promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations"); and
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and require the City of San Clemente to adopt an ordinance to enforce the SB 1383 Regulations; and WHEREAS, the City Council desires to amend its Solid Waste Management Ordinance to comply with the SB 1383 Regulations and repeal its Solid Waste Reduction and Recycling Ordinance.

NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Chapter 8.28 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.

Section 3. Chapter 8.68 is hereby repealed in its entirety.

Section 4. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of California Environmental Quality Act ("CEQA") because adoption of the Ordinance is not a "project" within the meaning of Section 15378(b)(5) of the State CEQA Guidelines (organization or administrative activities of governments not a project).

Section 5. Severability. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason 55452.01500\34851218.3
4-5-22 I 98-3
held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 6. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of • San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 7. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.

INTRODUCED on the 5th day of April, 2022, and PASSED AND ADOPTED at a regular meeting of the City Couocil of the City of San Clemente on this __ day of _______ _, 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
55452.01500\34851218.3
Mayor of the City of
San Clemente, California
4-5-22 I 98-4

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of _____ _, ___ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal.of the City of San Clemente, California, this __ day of ________ _, APPROVED AS TO FORM:

CITY ATTORNEY
55452.01500\34851218.3
CITY CLERK of the City of
San Clemente, California
4-5-22 I 98-5

EXHIBIT A
Chapter 8.28

SOLID WASTE MANAGEMENT

8.28.005 - Purpose and Intent.

8.28.010 - Definitions.

8.28.020 - Required Use of Containers-Overflows Prohibited.

8.28.021 _:, Exception-Bulky Items.

8.28.030 - Reserved.

8.28.040 - Containers-Placement for Collection-Restrictions on Storage; Penalty for Violations.

8.28.041- Exemptions from Container Storage Requirements

8.28.050 - Arrangements for Solid Waste Collection and Disposal.

8.28.051 - Unauthorized Cqntainers.

8.28.052 - Removal of Unauthorized Containers on Public Property.

8.28.060 - Permissible Collection Hours.

8.28.070 - Construction of Enclosures.

8.28.080 - Burning of Solid Waste, Fertilizer, etc.

8.28.090 - Reserved.

8.28.100 - Building Contractors to Leave Areas Clean.

8.28.110 - Accumulation of Solid Waste, etc., Declared Nuisance.

8.28.120- Unsanitary Conditions; Duty to Remove·~nd Abate Unsanitary, Unhealthful Substances.

8.28.130 - Requirements for Single-Family Generators.

8.28.140 - Requirements for Commercial Businesses.

8.28.150 - Waivers for Generators.

8.28.160- Requirements for Commercial Edible Food Generators.

8.28.170- Requirements for Food Recovery Organizations and Services. 8 .. 28.180 - Provisions for Self-Haulers.

8.28.190 - Requirements for Haulers and Facility Operators.

8.28.200 - Inspections and Investigations.

8.28.210 - Violations.
55452.01500\34851218.3
4-5-22 I 98-6

8.28.005 Purpose and Intent.

A. The purpose and intent of this chapter is to regulate Solid Waste Handling Services in order to protect public health, safety, and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.) (hereinafter "AB 939") and other solid waste laws.

B. The City is obligated by AB 939 and other solid waste laws, including but not limited to, AB 341, AB 1826, and SB 1383, to implement plans for Solid Waste source reduction, reuse, and recycling to meet specified achievement milestones.

C. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of Solid Waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, whether Solid Waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms and conditions of such franchise, license or permit.

D. To enable the City to comply with AB 939 and other solid waste laws to better control the Solid Waste handling services within the City, the City deems it necessary to grant one Solid Waste Enterprise the right to provide exclusive Solid Waste Handling services within • the City as provided in this chapter.

8.28.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain . words and phrases used in this chapter are defined as follows:
"AB 939" means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of CalRecycle, or its successor.
"Authorized recycling agent" shall mean that entity, person, or group of persons who have contracted with the City to provide recycling and recycling collection services. "Bin" or "Bins" shall mean dumpsters, roll-off/drop-off boxes, compactors, and any similar such devices provided to any Customer for Residential, Multi-Family, and Commercial Solid Waste Handling Services, for recurring or temporary bin/roll-off services; provided, however, the term "bins" does not include completely enclosed storage containers which are not used for Solid Waste Handling Services, but does include temporary roll-off/drop-off bins even if such bins are not used for Solid Waste Handling Services.
"Bulky items" shall mean that Solid Waste which cannot be and/or would not typically be accommodated within a container and include, without limitation, refrigerators or other appliances, furniture, machinery or pails thereof, mattresses, rugs, water heaters, 30 gallon trash bags and other items which, due to their size, are typically handled by a two or more person crew.
55452.01500\34851218.3
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"Business" means a Commercial en_tity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a Multi-Family Residential Dwelling. "C&D Debris" or "Construction and Demolition Debris" shall have the same meaning as described in Section 8.68.020.
"Cal Recycle" means the California Department of Resources Recycling and Recovery. "CCR" means the California Code of Regulations ..
"City" means the City of San Clemente, California.
"City Council" means the City Council of San Clemente, California. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste, targeted Recyclable Materials, Organic Materials, or other materials within and from the City.
"Commercial" or "Commercial Business" means a business, industrial, or Commercial establishment, or construction site, and any Multi-Family Residential Dwelling with five (5) units.
"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).
"Commercial Premises" means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials,and Organic Waste, is generated or accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurantsi rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes. "Community Composting" means any activity that composts Yard Waste, 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).
"Compliance Review" means a review of records by the City to determine compliance with this chapter.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a}(1)(C).
55452.01500\34851218.3
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"Container" or "Containers!! shall mean the containers, including Bins, distributed by a Franchise Hauler for the weekly collection of Solid Waste, including Recyclable Materials and Organic Waste.
"Container Contamination" or "Contaminated Container" means a Container that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). "County" means the County of Orange.
"Customer" shall mean any person or entity receiving Solid Waste Handling Services from a Solid Waste Enterprise, including Recyclable Material and Organic Waste Collection services and/or temporary Bin/roll-off services, within the City. "Designated Source Separated Organic Waste Facility," as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6) and complies with one ofthe following:

1. The facility is a "transfer/processor/' as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility.

2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3), whichever is applicable, and, if applicable, complies with the_digestate handling requirements specified in 14 CCR Section 17896.5.
a. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8{c)(3) for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Sep9rated Organic Waste Facility." For purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49}. "Designee11 means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a government entity, a hauler, a private entity, or a combination thereof.
55452.01500\34851218.3
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"Dwelling" means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers. "Edible Food" means food intended for human consumption, 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 chapter 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.
· "Enforcement Action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Enforcement Officer" means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter. "Excluded Waste" means hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste; and toxic substances or material that facility operator(s), which receiv_e materials from the City arid its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in City's or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose City, or its Designee, to potential liability; but not including de minim is volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment and disposal of batteries and paint in compliance with Sections41500 and 41802 of the California Public Resources Code. "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). •
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety 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
55452.01500\34851218.3
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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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a}(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
"Food Recovery Service" means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). "Food 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 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).
"Food-Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food Waste" means Food Scraps separated from Solid Waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.
"Franchise Hauler" shall mean any Solid Waste Enterprise with which the City enters an exclusive or non-exclusive franchise agreement to provide Solid Waste Handling Services within the City.
"Generator" means any Person or other entity who is responsible for the initial creation of Solid Waste.
"Grocery Store" means a store primarily engaged in the.retail sale of canned food; dry goods; fresh fruits·and vegetables; fresh meats, fish, and po_ultry; 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}.
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982(a}(31.5). "Hazardous Waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through 55452.01500\34851218.3
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decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste." "Inspection" means a site visit where the City or its Designee reviews records, Containers, and an entity's collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but • is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
"Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter 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 chapter 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 chapter.
"Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multi-Family Dwelling" or "Multi-Family Residential Dwelling" means a Residential structure with five (5) or more residences.
"Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. "Organic Materials," "Organic Waste," or "Organics" 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, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste includes, but is not limited to, Food Scraps, Food-Soiled Paper, and Yard Waste.
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,J
"Organic Waste.Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste. "Person" means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
"Premises" means every dwelling house, dwelling unit, apartment house, or multipledwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every c:ither property or building where any person resides or any business or activity is carried on or conducted within the City. "Recyclable Materials" shall mean all garbage, trash, refuse, Construction And Demolition Debris, and any other Solid Waste discarded within City limits, which is capable of being Recycled, whether generated from or at Residential or Commercial Premises, or otherwise.
"Recyclable Materials Container" has the :Same meaning as in 14 CCR Section 18982.2(a)(S) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.
"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 Waste Container that are not identified as acceptable Source Separated Organic Materials for the City's Organic Waste Container; (iii) discarded materials placed in the Refuse 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 or Hazardous Waste placed in any Container.
"Recyclable Materials" or "Recyclables" means materials that can be Source Separated from Solid Waste and Organic Materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable Materials" include any materials identified by the agency that can be feasibly collected and marketed for Recycling by the City's Franchise Hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bi metal cans. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying Solid Waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.
"Refuse" shall have the same meaning as "Solid Waste."
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"Refuse Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Refuse or Solid Waste. "Route Review" means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(675). "SB 1383" means Senate Bill 1383 (Chapter 395,Statutes of 2016}. "SB 1383 Regulations" means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by Cal Recycle 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, Recyclable Materials, or Organic Waste, that he or she has generated to an appropriate processing facility. Self-Hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66}. "Back-Haul" means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982{a)(66)(A}. "Solid Waste" shall mean and include all discarded putrescible and nonputrescible Solid, semisolid, and liquid Wastes, including garbage, trash, Refuse, rubbish, construction waste, Yard Waste, demolition debris, industrial waste, Organic Waste, Bulky Items, and any other discarded Solid, semisolid, and liq~id Waste permitted to be disposed of at a Class Ill landfill and which is included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as amended ..
"Solid Waste Enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid Waste ~and ling Services.
"Solid Waste Handling Services" shall mean the collection, transportation, storage, transfer, disposal or processing of Solid Waste for compensation. "State" means the State of California;
"Temporary bin/roll-off service" shall mean on-call Solid Waste Handling Services provided on an as-needed and temporary basis by use of temporarily-placed Bins, regardless of whether or not such Bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such Bins.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.
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"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility. "Wholesale Food Vendor' means a business or establishment engaged in the merchant wholesale dis~ribution 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). "Yard Waste" means Organic Waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

8.28.020 Required Use of Containers-Overflows Prohibited.

A Minimum Requirements. The City Manager, or designee, shall have the authority to establish, on a case by case basis, a minimum Container requirement for Refuse, Recyclable Materials, and Organic Waste.

B. Placement of Solid Waste. Unlawful depositing of Solid Waste on public or private property. Every Customer receiving Solid Waste Handling Services within the City shall place all Solid Waste intended for collection in Containers supplied for that purpose by the City or the Franchise Hauler.

It shall be unlawful to place, deposit, abandon, or dump, or caused to be placed, deposited, abandoned or dumped, any Solid Waste, or other waste material not meeting the definition of Solid Waste, in or up on any public highway, road or alley, including any portion of the right-of-way thereof, or upon any public beach, public park, the City pier, or any other public property owned, operated or maintained by the City, or upon any private property in the City except: (i) in a Container, for the purpose of being collected and disposed by the City or the Franchise Hauler, in accordance with the provisions of this Code; or (ii) in a private receptacle, in cases where a person or entity is appropriately providing for its own Solid Waste collection and disposal without the use of a Solid Waste Enterprise.

C. Overflows Prohibited. No Customer shall cause or permit any Container to be overfilled.

For purposes of this section, "overfilled" shall mean filled or loaded in such a manner so as 55452.01500\34851218.3
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to prohibit the lid of the Container from closing completely. Every Customer shall be responsible for placing Solid Waste, including Recyclable Materials or Organic Waste, in . the appropriate Container(s) and placing the Container(s) at the location required under Section 8.28.040 of this chapter for Collection. No Customer shall cause or allow Solid Waste, including Recyclable Materials or Organic Waste, to be stored for Collection in any location other than inside a completely closed Container.

8.28.021 Exception-Bulky Items.

Notwithstanding Section 8.28.020.B, Bulky Items need not be kept, stored, or placed for collection in Containers.

In addition to the foregoing, it shall be unlawful for any owner, tenant, or occupant of property within the City to allow any Bulky Items to be placed, deposited, abandoned, dumped, or maintained on any public or private street, alley, sidewalk, or right-of-way adjacent to said person's property or on any portion of said person's property that is visible from any public or private street, alley, sidewalk, or right-of-way, excepting only that it shall be permissible to place or deposit said Bulky Items for a scheduled collection in the locations and at the times authorized pursuant to Section 8.28.040.

8.28.030 Reserved.

8.28.040 Containers-Placement for Collection-Restrictions on Storage; Penalty for Violations.

Customers shall place Containers and all Bulky Items for which a scheduled Collection has been ·arranged adjacent to the curb along the street in front of their Premises or, if no curb exists, either adjacent to the main traveled portion of the street fronting their Premises or in the alley in the rear of the property. Notwithstanding the above, any Customer receiving Solid Waste Handling Services at a Premises having a rear exit onto an alley which has access to streets at each end thereof, shall place Containers and all Bulky Items for which a scheduled collection has been arranged in such alleys. All Containers used by and/or for a Customer and all Bulky Items placed in connection with a scheduled Collection shall be grouped together when placed in the appropriate Collection location and shall be placed out for Collection no earlier than 5:00 p.m. of the day prior to the day fixed for Collection. Within 24 hours after Collection has been made, all Containers and any uncollected Solid Waste (including Bulky Items) shall be removed by each Customer (or, as to Bulky Items, the owner, tenant, or occupant of the property) from the place of pick up and placed upon the Customer's property so Containers are substantially hidden from view from any public street or alley. 11Substantially hidden" means that each Container must at minimum be placed behind a permanent wall, fence, or similar structure that is not less than the height of the Contai.ner.

At the City's discretion, tlie first violation of any provision of Sections 8.28.020-8.28.052 of this Chapter 8.28 may be addressed by placement (by the City or its agent) of a written warning sticker on the Container or Bulky Item, as applicable, and/or by mailing a written warning notice to the property owner (as identified on the County Assessor's records) 55452.01500\34851218.3
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informing the Customer, property owner, tenant, or occupant, as applicable, of the nature of the violation and of said person's responsibility to ensure that his or her property (and, if applicable, the adjacent public or private street, alley, sidewalk, and right-of-way) is maintained in a manner consistent with this chapter, and of the penalty for failing to do so in the future; provided, however, that the City may elect to prosecute violations of this chapter without first issuing such a warning notice. Every violation of.Sections 8.28.020-8.28.052 of this Chapter 8.28 shall result in the issuance of a citation to the Customer and/or to the property owner, tenant, or occupant, as applicable, in the amounts listed in Section 8.28.210(().

8.28.041 Exemptions from Container Storage Requirements.

Any Customer or property owner who believes he or she cannot reasonably satisfy the post-collection Container placement requirements contained in the preceding Section 8.28.040 may request an exemption from the Utilities Director, or designee, by submitting to the Utilities Director a written request specifying the reasons he or she believes an exemption from the post-collection placement requirements is necessary. Upon review of the request, the_ Utilities Director may grant the exemption if he or she determines that, due to factors including, but not limited to, the existing physical layout of the applicant's property or the property's topography renders it physically impossible to satisfy the above post-collection Container placement requirements or that to do so would cost in excess of$1,000.00.

8.28.050 Arrangements for Solid Waste Collection and Disposal.

A. The owner, occupant, or person in control of every Premises in the City shall cause Solid Waste generated or accumulated on such premises to be collected and lawfully disposed by the City or the Franchise Hauler or by his or her own efforts.

D. Transfer of Solid Waste from Premises to Premises is not allowed except when the same person manages at least one valid Solid Waste service account between which Solid Waste will be transferred. Any Person found in violation may be required to pay for Solid Waste service at all Premises with which that Person is associated.

E. Rate Structure. The rates charged by the exclusive Franchise Hauler for the Solid Waste Handling Services shall be as set forth in the schedule of rates and charges which shall be mutually agreed upon by the City and the exclusive Franchise Hauler in the exclusive Solid Waste Handling Services contract.

F. Rate Increases. Annual rate increases may be granted as set forth in the exclusive Solid Waste Handling Services contract between the City and the exclusive Franchise Hauler. In the event of an annual increase, the City's Solid Waste Coordinator shall annually publish a revised schedule of rates and charges for Solid Waste Han'dling Services.

8.28.051 Unauthorized Containers.

No person other than the City or the Franchise Hauler shall place or collect a r Container on any property or street within the City for the purpose of providing Solid Waste Handling Services, except as follows:
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A. The Collection, transportation, Recycling, and disposal of any Solid Waste which is transported to an appropriate disposal facility by the Generator (but not including any agent, representative, or contractor of such Generator) pursuant to the Self-Hauler provisions under Section 8.28.180.

C. The sale or donation of Source Separated Recyclable Materials and/or Source Separated Organic Materials by the Generator to any person or entity, provided that to the extent permitted by law, ifthe Generator is required to pay monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Materials and/or Source Separated Organic Materials, the fact that the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay) shall not be considered a sale or donation.

D. The collection, transportation, or disposal of Yard Waste by a gardener, or landscaper, as part of the gardening or landscaping services provided to its Customers, provided that such Yard Waste is taken to a legal place for Composting, diversion, or disposal.

E. Use of special water-tight Bins speci,fically designed for concrete wash out, provided such Bins are used only for actual concrete wash out and not to collect or transport broken up dried concrete or other debris or Solid Waste.

F. Non-Profit Charities. Non-profit charities registered with the attorney general of the state periodically accepting donations of Recyclables may transport the Recyclables, provided that the charity transport the Recyclables to a Recycling Facility and that charity volunteers and employees complywith the provisions of this chapter and with any other governing laws.

G. For transport only, any person may haul Solid Waste generated and collected in other jurisdictions over City streets provided they comply with the provisions of this chapter and with any other governing laws, and provided further.that they do not engage in any Solid Waste Handling Services within the City.

H. Document Destruction Companies. Companies whose primary purpose is the destruction of documents/records that, incidental to this purpose, collect paper and deliver such paper, after shredding/destruction, to a Recycling Facility, are not required to obtain a Solid Waste and Recycling permit to transfer and Recycle this material.

8.28.052 Removal of Unauthorized Containers on Public Property.

The Utilities Director, or designee, or the franchise hauler acting as the agent of the City, may cause the posting of a notice to remove in a conspicuous place on any Container deposited, placed or left on any public property within the City in violation of this chapter. Any such notice shall specify the nature of the violation, and shall state that the Container must be removed within 24 hours or it may be removed and stored by the City or the franchise hauler, and the contents disposed of, at the expense of the owner. The posting of a notice to remove shall constitute constructive notice to the owner and the user of the requirement to remove the Container.
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Subject to the following paragraph, if the Container is not removed within 24 hours after the notice to remove is posted, the Utilities Director may remove or direct the Franchise Hauler to remove and store the Container and dispose of its contents. The owner of the Container shall be responsible to reimburse the City or the Franchise Hauler (as applicable) for the actual cost of the removal, storage, and disposal, and all amounts due shall be paid before the Container may be returned to the owner. Such amounts shall constitute a debt owed by the owner to the City or the Franchise Hauler (as applicable) and the owner shall be liable to the City or the Franchise Hauler in an action brought by the City and/or the Franchise Hauler for the recovery of such amounts.

If the identity of the owner of a Container that has been removed pursuant to this section is known to the City or the Franchise Hauler, the City or the Franchise Hauler shall promptly cause notice to be mailed to the owner to claim the stored property. If the Container is not claimed within 45 days after removal and notice to the owner, or 30 days after removal if the identity of the owner is unknown to the City or the Franchise Hauler, the Container shall be deemed abandoned property and may be disposed of accordingly.

After a Container has once been removed by the City or the Franchise Hauler pursuant to a notice to remove posted in accordance with this section, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition against the deposit, placement, or leaving of unauthorized Containers on property in the City. In the event of a subsequent deposit, placement or leaving of a Container owned by the same owners, or an affiliate of the owner, on public property within the City, the Utilities Director may .immediately, without posting of a notice to remove, remove or direct the Franchise Hauler to remove and store the unlawfully placed Container without the requirement that a notice be posted on the Container. All other portions of this section shall continue to apply.

Notwithstanding any other provisions of this chapter to the contrary, the Utilities Director is authorized to direct the immediate removal by the City or the Franchise Hauler, without notice, of any Container placed on public property within the City in violation of this chapter where the owner of the Container is unidentified and cannot be ascertained by an inspection of the Container.

8.28.060 Permissible Collection Hours.

It shall be unlawful to provide Solid Waste Handling Services in areas of the City zoned for Residential use between the hours of 7:00 p.m. to 7:00 a.m. It shall be unlawful to provide Solid Waste Handling Services in areas of the City zoned for other than Residential use between the hours of 7:00 p.m. to 6:00 a.m.

8.28.070 Construction of Enclosures.

As a condition for the issuance of building permits and certificates of occupancy for the construction of any new Residential or Commercial structures, except for Single-Family Residences, the applicant shall be required to construct a paved Solid Waste enclosure. Said enclosure shall be large enough to house the Containers required for use by Customers subject to this chapter. The Solid Waste enclosure shall conform to all height and setback requirements 55452.01500\34851218.3
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of the zoning district in which it is located and shall be subject to approval of the Building and Planning Department as to its location and design. The purpose of this enclosure shall be to screen Containers from public yiew between Collection dates. Once constructed, Solid Waste enclosures shall be used and maintained in good condition.

8.28.080 Burning of Solid Waste, Fertilizer, etc.

No person shall burn, nor allow to be burned, fertilizer, Solid Waste, or other waste material not meeting the definition of Solid Waste, in the City. •

8.28.090 Reserved.

8.28.100 Building Contractors to Leave Areas Clean.

All owners, contractors, and other builders of structures shall, upon the completion of any such structure, gather up and haul away, either through their own efforts or through the use of a Solid Waste Enterprise lawfully operating within the City, at their sole cost and expense, all Solid Waste of every nature, description or kind, which has resulted from the building of such structure, including all C&D Debris, scraps of lumber, shingles, plaster, brick, stone, concrete, and other building material, and shall leave the lot and all nearby premises utilized in such construction in a sightly condition. During the course of construction, all Solid Waste accumulated or generated on the site shall be placed, kept, and stored for Collection and disposal in Containers, or private receptacles on the construction site. All adjacent streets and properties shall be kept free of Solid Waste, including but not limited to C&D Debris, generated on the job site at all times.

8.28.110 Acc~mulation of Solid Waste, etc., Declared Nuisance.

The accumulation of Solid Waste by any Person beyond the period of one week or in any manner other than as specified in this article and Chapter 8. 76 of this Code is declared to be a nuisance pursuant to Government Code Section 38771. Summary abatement of such nuisances may occur pursuant to Chapters 8.52 and 8.76.

8.28.120 Unsanitary Conditions; Duty to Remove and Abate Unsanitary, Unhealthful Substances.

The owner, occupant, and/or person in control of every Premises in the City shall maintain covers on all Containers, or private receptacles utilized to collect or store Solid Waste on their Premises, to keep the same in a sanitary, healthful condition and to keep the area directly around the Container, or private receptacles in a clean, and sanitary manner. In the event Containers, receptacles or the Collection area of any Premises are determined to be in an unhealthful or unsanitary condition by the Utilities Director, a notice to clean in accordance with Section 8. 76.050 shall be issued to the owner, occupant, or person in control of the Premises.

8.28.130 RequiremE;!nts for Single-Family Generators.

A. Single Family Organic Waste Generators shall comply with the following requirements:
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1. Subscribe to the City's three-Container Collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

2. Participate in the City's three-Container Collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container, all Recyclable Materials in the Recyclable Materials Container, and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

8.28.140 Requirements for Commercial Businesses.

A. Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:

1. Subscribe to the City's three-Contain.er Collection services and comply with requirements of those services as described below in Section 8.20.140(A)(2), except Commercial Businesses that meet the Self-Hauler requirements of this chapter. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Commercial Businesses shall adjust their service levels for their Collection services as requested by the City.

Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

2. Except Commercial Businesses that meet the Self-Hauler requirements of this chapter, participate in the City's three-Container Collection services by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, 55452.0iS00\34851218.3
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nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

3. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Sections 8.20.140(A)(4)(i) and 8.20.140(A)(4)(ii) below) for employees, contractors, tenants, and Customers, consistent with City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Refuse, Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for Customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for Customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:
(i) A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the coior requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.
(ii) 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 to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section 8.20.140(A)(4) pursuant to 14 CCR Section 18984.9(b).
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6. To the.extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the City's Recyclable Materials Container, Organic Waste Container, and Refuse Container · Collection service or, if Self-Hauling, per the Commercial Business' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

7. Excluding Multi-Family Residential Dwellings, periodically inspect Recyclable Materials Container, Organic Waste Container, and Refuse Container for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3).

8. Annually provide information to employees, contractors, tenants, and Customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.

9. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Refuse (when applicable) and the location of Containers and the rules governing their use at each property.

10. Provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requiren,ents in this chapter.

12. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to this chapter.

8.28.150 Waivers for Generators.

A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the 55452.01500\34851218.3
4-5-22 I 9B-23
business generates below a certain amount of Organic Waste material as described in Section

8.28.1S0(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 8.28.150(A)(2) below.

2. Provide documentation that either:
i. The Commercial Business' total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste subject to collection in an Organic Waste Container comprises less than twenty (20) gallons per week per applicable Container of the business' total waste; or
ii. The Commercial Business' total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste subject to collection in an Organic Waste Container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

3. Notifythe City if circumstances change such that Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.

B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's _ obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all ofthe Recyclable Materials and/or Organic Waste Collection service requirements ifthe City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the Collection Containers required for compliance with the Organic Waste collection requirements of Section 8.28.140.

A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Recyclable Materials Containers and/or Organic Waste Containers, including documentation from its hauler, licensed architect, or licensed engineer.
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4-5-22 I 9B-24

3. Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years, if City has approved application for a physical space waiver.

C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three-Container Collection service to arrange for the collection of their Recyclable Materials in a Recyclable Materials Container, Refuse in a Refuse Container, or both once every fourteen (14) days, rather than once per week.

D. Review and Approval of Waivers by the City. The Utilities Director, or designee, will be responsible for review and approval of waivers.

8.28.160 Requirements for Commercial Edible Food Generators.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. large Venue or large Event operators not providing food services, but 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 Foo_d that would otherwise be disposed.

2. Enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
i. The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's Premises; or, ii. The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator Self-Hauls to the Food Recov~ry Organization.

I

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

4. Allow the City's designated Enforcement Officer or Designee to access the Premises and to review records pursuant to 14 CCR Section 18991.4. 55452.01500\34851218.3
4-5-22 I 9B-25

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
ii. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
a. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
b. The types of Edible Food that will be collected by, or Self-Hauled to, the Food Recovery Service or Food Recovery Organization. c. The established frequency that Edible Food will be collected or SelfHauled. d. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery Service or Food . Recovery Organization for purposes of Food Recovery.
iv. Nothing in this chapter 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 (Chapter 285, Statutes of 2017).

8.28.170 Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(a)(l):

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 Fqod collected from each Commercial Edible Food Generator per month.
55452.01500\34851218.3
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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 for which the Food Recovery Service transports Edible Food for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.S(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 collected from each Commercial Edible Food Generator per month.

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

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information.and consultation to the City 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.

I
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8.28.180 Provisions for Self-Haulers.

A. Nothing in this chapter shall preclude any Person, Solid Waste Customer, Commercial Generator, or Multi-Family Generator from Self-Hauling Recyclable Materials or Organic Materials generated by that entity to a solid waste facility suitable to receive the type(s) of waste hauled.

B. Self-Haulers shall:

1. Source Separate all Organic Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.

2. Source Separate all Recyclable Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Recyclable Materials to a solid waste facility that recovers those materials.

3. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Materials delivered to each .

Solid Waste facility, operation, activity, or property that processes or recovers Organic_ Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
i. Delivery receipts and weight tickets from the entity accepting the waste. ii. The amount of material in cubic yards or tons transported by the Generator to each entity.
iii. 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 Organic Materials.

4. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected pursuant to this section to the City if requested.

5. A Residential Organic Materials Generator that Self-Hauls Organic Materials is not required to record or report information as otherwise required by this Section. 55452.01500\34851218.3
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6. Notwithstanding the foregoing, Self-Haulers shall not dispose of any Solid Waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in Section 8.28.210.

7. Exemptions. The following activities and circumstances do not qualify as Self-Hauling under this chapter:
i. Yard Waste removed from a Premise by a gardening, landscaping, or treetrimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained Premises;
ii. Construction and Demolition Debris removed from a Premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;
iii. The collection of Hazardous Material or dangerous waste as part of a Hazardous Material collection activity authorized by the Orange County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and
iv. Recyclable Materials and Organic Materials generated at any Premises or place of business and which are transported personally by the owner or occupant of such Premises (or by his or her full-time employees) to a Solid Waste or Recycling facility in a manner consistent with this chapter and other applicable laws.

8.28.190 Requirements for Haulers and Facility Operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect Organic Materials. i. Through written notice to the City annually on or before July 1, identify the facilities to which they will transport Organic Materials, including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste. ii. Transport Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Source Separated Refuse to a facility, operation, activity, or 55452.01500\34851218.3
4-5-22 I 98-29
property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
iii. Obtain approval from the City to haul Organic Materials, unless it is transporting Source Separated Organic Materials to a Community Composting site or lawfully transporting Construction and Demolition debris.

2. Each Hauler authorized to collect Organic Materials shall comply with education, equipment, signage, Container-labeling, Container color, Container Contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City.
i. Owners of facilities, operations, and activities that recover Organic Materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (60) days.
ii. Community Composting operators, upon the City's request, shall provide inf<;>rmation to the City to support Organic Waste capacity planning,· including, but not limited to, an estimate of the amount of Organic Materials anticipated to be handled at the Comn:iunity Composting operation. Entities contacted by the City shall respond within sixty (60) days.

B. Solid Waste Collectors shall keep separate Recyclable Materials, Organic Materials, and other Refuse that has been Source Separated into Containers by Generators.

C. Solid Waste Collectors shall ensure that Source Separated Recyclable Materials are delivered to a Recycling facility and that Source Separated Organic Materials are delivered to an Organic Waste processing facility.

D. Within five (5) days of request by the City, Solid Waste Collectors shall provide progress reports providing the following information, at a minimum:

1. The total number of Solid Waste Customers to whom the Solid Waste Collector currently provides Recyclable Materials, Organic Materials, and other Solid Waste Collection services within the City's boundaries;

2. For each Solid Waste Customer, the account name, identifying number, primary contact, phone number, billing address, and service address; 55452.01500\34851218.3
4-5-22 I 9B-30

3. Information on the type of Collection service provided, such as Recyclable Materials, Organic Materials, and other Solid Waste services;

4. The weekly volume and type of collection service provided, including the number, type, and size of Containers serviced and the days of service for each Container;

5. Name and location of the Solid Waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Section 8.28.150.

8.28.200 Inspections and Investigations.

A. City Enforcement Officer and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.

B. City representatives and/or its designated entities, 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 facilities for materials collected from Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

C. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City Enforcement Officer or Designee during such Inspections and investigations. Such Inspections and investigations may include Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (1) access to an entity's Premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.28.210. Notwithstanding the foregoing, City Enforcement Officer and/or its Designee are not authorized to enter into the interior of any Residence in order to conduct Inspections and investigations under this chapter.

D. Any records obtained by the 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 6520 et seq.

E. City Enforcement Officer and/or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
55452.01500\34851218.3
4-5-22 I 9B-31
F. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with the SB 1383 Regulations, including through the receipt of anonymous complaints. Franchise Haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with the SB 1383 Regulations, including anonymous complaints.

8.28.Z10 Violations.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer. Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 1.20, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

B. The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.

C. Penalty Amounts for Types of Violations.
• 1. For a first violation, the amount of the penalty shall be $100 per violation.

2. For a second violation, the amount of the penalty shall be $200 per violation.

3. For a third or subsequent violation, the amount of the penalty shall be $500 per violation.

4. The penalties shall be consistent with Government Code section 36900.

D. The City may extend the compliance deadlines set forth in a Notice of Violation,i if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 55452.01500\34851218.3
4-5-22 I 98-32
E. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation under this chapter may request a hearing to appeal the citation pursuant to Section 1.20.080, as it may be amended from time ·to time.

F. Education Period for Non-Compliance. Through December 31, 2023, the City will conduct Inspections to determine compliance, and if the City determines that a Generator, Self-Hauler, Hauler, Tier One Commercial Edible Food Generator, Food Recovery Service, Food Recovery • Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Civil Penalties for Non-Compliance. Beginning January 1, 2.024, if the City determines that a Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.

H. This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to Local Education Agenc.ies and other entities to the extent permitted by law, including the SB 1383 Regulations.
55452.01500\34851218.3
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Agenda Item ~
Approvals:

AGENDA REPORT City Manager f_j ,~
Dept. Head --- SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022 Attorney CT
Department: Fire Services
City Manager
Prepared By: Erik Sund, City Manager
Fire Services
City Attorney
Finance ~
Subject: CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 8.14 TO THE SAN CLEMENTE

MUNICIPAL CODE REGARDING MINIMUM STAFFING FOR FIRE EMERGENCY RESPONSE VEHICLES AND FINDING THE ORDINANCE Nor SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
FISCAL IMPACT: The City started paying the 4th firefighter costs in 2017 based on a phase in of costs which split the additional cost with OCFA over 8 years. The City includes its portion in the City's Annual Budget and will continue for future budgets years in accordance with the ordinance.

Background: A Council majority voted to have this item presented to the City Council.

The City of San Clemente ("City") is located in a semi-arid Mediterranean type climate and annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds-which may reach speeds of 70 m.p.h. or greater-are also common to the City and surrounding region.

These climatic conditions can cause extreme drying of vegetation and common building materials which, collectively, predispose the City and surrounding region to large destructive fires. For example, two brush fires broke out on October 26, 2020: the Silverado Fire (off of SR-241 in the Irvine area) and the Blue Ridge Fire (north of Hwy 91 in Yorba Linda). According to CalFire, the Blue Ridge Fire burned at least 13,694 acres, destroyed one structure and damaged 10. The Silverado Fire burned 12,466 acres, destroyed five structures and damaged nine. 1
Since 1994, the City has contracted with the Orange County Fire Authority ("OCFA") for fire protection services. While the City's population has increased since 1994, the number of fire stations in the City has not; the City continues to be served by three fire stations, which are as follows: (1) Fire Station 50 - 670 Camino de Los Mares; (2) Fire Station 59 - 59 Avenida La Pata; and (3) Fire 1 City News Service, "Blue Ridge and Silverado Fires in OC Nearly 100% Contained," NBC Los Angeles, November 5, 2020
City Council Agenda Report 4-5-22 I 9C-1
Agenda Report
Station 60 - 121 Avenida Victoria. OCFA reports that it has seen a 95% increase in call volume since 2000.

Discussion: In light of the foregoing, OCFA has requested that the City consider codifying a requirement that all fire emergency response vehicles be staffed with a minimum of four-person crews. OCFA's request is based 6n its observation that crews of four can operate more safely and efficiently than crews of three.

OCFA's observations are consistent with a recent report by the National Institute of Standards and Technology 2 entitled "Report of Residential Fireground Field Experiments ("NIST Report"). 3 Among other things, the NIST Report found that "four-person crews operating on a low-hazard structure fire completed all the tasks on the fireground (on average) seven minutes faster - nearly 30% - than the two-person crews. The four-person crews completed the same number of fireground tasks (on average) 5.1 minutes faster- nearly 25% - than the three-person crews." 4 Environmental:

On February 22, 2022, the City's Public Safety Committee ("PSC") received a presentation from OCFA Chief Capobianco regarding a possible amendment to the San Clemente Municipal Code ("SCMC") that would require fire emergency response vehicles to be staffed by four-person crews. Thereafter, the PSC recommend that the City Council adopt such an ordinance. The attached Ordinance effectuates • OCFA's request and the PSC's recommendation by amending the SCMC to add a requirement that all fire emergency response vehicles operated by OCFA be minimally staffed with four-person crews ..

The Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely clarifies that existing fire crews shall be minimally staffed by four persons. In the alternative, the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b )(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply clarifies that existing fire crews shall be minimally staffed by four persons; the

2 National Institute of Standards and Technology is a physical sciences laboratory and non-regulatory agency of the United States Department of Commerce. • ~
3 The NIST Report is available here: https://tsapps.nist.gov/publication/get pdf.cfm?pub id=904607 4 NIST Report at p. 42
4-5-22 I 9C-2
Agenda Report
Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Recommendation:

Attachments:

1. Find that the Ordinance is not subject to the requirements of CEQA for the following reasons:
a. The Ordinance does not qualify as a "project" under CEQA and because • the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and
b. The Ordinance is exempt under State CEQA Guidelines
Section 15061 (b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment

2. Introduce for first reading an Ordinance entitled:

AN ORDINANCE OF THE CITY COUNCIL OF SAN
CLEMENTE, CALIFORNIA ADDING CHAPTER 8.14 TO

THE SAN CLEMENTE MUNICIPAL CODE REGARDING

MINIMUM STAFFING FOR FIRE EMERGENCY

RESPONSE VEHICLES AND FINDING THE ORDINANCE

NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

1. Proposed Ordinance
4-5-22 I 9C-3
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF SAN
CLEMENTE, CALIFORNIA ADDING CHAPTER 8.14

TO THE SAN CLEMENTE MUNICIPAL CODE

REGARDING MINIMUM STAFFING FOR FIRE

EMERGENCY RESPONSE VEHICLES AND

FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente ("City") is located in a semi-arid Mediterranean type climate and annually experiences extended periods of high temperatures with little or no precipitation; and
WHEREAS, hot, dry (Santa Ana) winds, which may reach speeds of 70 m.p.h. or greater, are common to the City and surrounding region; and WHEREAS, the above climatic conditions can cause extreme drying of vegetation and common building materials which, collectively, predispose the City and surrounding region to large destructive fires; and
WHEREAS, for instance, two brush fires broke out on October 26, 2020: the Silverado Fire (off of SR-241 in the Irvine area) and the Blue Ridge Fire (north of Hwy 91 in Yorba Linda). According to CalFire, the Blue Ridge Fire burned at least 13,694 acres, destroyed one structure and damaged 10. The Silverado Fire burned 12,466 acres, destroyed five structures and damaged nine. (City News Service, "Blue Ridge and Silverado Fires in OC Nearly 100% Contained," NBC Los Angeles, November 5, 2020); and
WHEREAS, the City of San Clemente ("City") is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety, and welfare within the City; and
WHEREAS, since 1994, the City has contracted with the Orange County Fire Authority ("OCFA") for fire protection services; and
WHEREAS, while the City's population has increased since 1994, the number of fire stations in the City has not; the City continues to be served by three fire stations, which are as follows: (1) F_ire Station 50 - 670 Camino de Los Mares; (2) Fire Station 59 - 59 Avenida La Pata; and (3) Fire Station 60 - 121 Avenida Victoria; and· WHEREAS, OCFA reports that it has seen a 95% increase in call volume since 2000;and
WHEREAS, OCFA has requested that the City codify a requirement that all fire emergency response vehicles be staffed with a minimum of four-person crews; and 55452.01100\34963733.2 4-5-22 I 9C-4
WHEREAS, OCFA's request is based on its observation that crews of four can operate more safely and efficiently than crews of three; and WHEREAS, OCFA's observations are consistent with a recent report by the National Institute of Standards and Technology 1 entitled "Report of Residential Fireground Field Experiments ("NIST Report"); and 2
WHEREAS, the NIST Report found, among other things, that "four-person crews • operating on a low-hazard structure fire completed all the tasks on the fireground (on average) seven minutes faster - nearly 30% - than the two-person crews. The fourperson crews completed the same number of fireground tasks (on average) 5.1 minutes faster - nearly 25% - than the three-person crews;" and 3 WHEREAS, on February 22, 2022, the City's Public Safety Committee received a presentation from OCFA Chief Capobianco regarding a possible amendment to the San Clemente Municipal Code ("SCMC") that would require fire emergency response vehicles to be staffed by four-person crews. Thereafter, the Public Safety Committee recommend that the City Council adopt such an ordinance; and WHEREAS, fire safety in the City is a topmost priority for the City Council; and WHEREAS, in light of the foregoing-and as requested by OCFA and· •recommended by the Public Safety Committee-this Ordinance amends the SCMC to add a requirement that all fire emergency response vehicles operated by OCFA be minimally staffed with four-person crews; and •
WHEREAS, in adopting this Ordinance, it is the City Council's intention to demonstrate its commitment to fire safety in the community and support for the City's OCFA partners; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in. 1 National Institute of Standards and Technology is a physical sciences laboratory and non-regulatory agency of the United States Department of Commerce.
2 The NIST Report is available here: https://tsapps.nist.gov/publication/get pdf.cfm?pub id=904607 3 NIST Report at p. 42
55452.01100\34963733.2 4-5-22 I 9C-5
either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely clarifies that existing fire crews shall be minimally staffed by four persons. In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply clarifies that existing fire crews shall be minimally staffed by four persons; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Code Amendment. Chapter 8.14 is hereby added to Title 8 (Health and Safety) of the San Clemente Municipal Code and shall read in its entirety as follows:
"Chapter 8.14 - Minimum Staffing for Fire Emergency Response Vehicles
Section 8.14.010- Minimum Staffing
All fire emergency response vehicles operated by the Orange County Fire Authority shall be minimally staffed with four-person crews." SECTION 4. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without . the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption. •
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APPROVED AND ADOPTED this _day of ___ , 2022.

ATTEST: Gene James, Mayor
Laura Campagnolo, Legislative Administrator
55452.01100\34963733.2 4-5-22 I 9C-7

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularJy introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting· of the City Council held on the __ day of _____ ~---~ and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ________ _, Laura Campagnolo, Legislative Administrator
APPROVED AS TO FORM:

City Attorney
55452.01100\34963733.2
4-5-22 I 9C-8
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director

MEMORIAL DONATION- DON HANSEN
Agenda Item q D
Approvals:

City Manager ~ 13
Dept. Head ---
Attorney CV"
Finance ~
Fiscal Impact: Yes. A memorial donation item on the pier is estimated not to exceed $1,300.

Summary:

Discussion:

Recommended
Staff recommends that Council approve the installation of a pier rail cuff interpretive sign that honors and recognizes the lifelong service of Don Hansen to the City and the San Clemente community.

At its March 1, 2022 meeting, the City Council directed staff to provide options to memorialize the legacy and dedication of late long-time resident Don Hansen.

At its meeting, Council requested consideration of a memorial bench on the pier, however, there are currently no benches available for dedication, and adding a bench is not recommended due to spacing. Instead of a bench, staff recommends installing an additional pier rail cuff, similar in design to the pier interpretative signs, at the location where Mr. Hansen operated the sportfishing business and commercial whale watching business at the end of the pier through the 1950s and '60s (Attachment 1 ).

The interpretative sign will serve two purposes. One, to honor Mr. Hansen and recognize his years of service and dedication to San Clemente at the space where he served San Clemente for many years, and two, to provide a glimpse of the historical background of the pier for visitors that reflects the unique history of the pier and pays homage to its legacy.

Upon Council approval, staff will work with the San Clemente Historical Society and the Hansen Family to gather the details and photos to create this unique dedication.

Action: STAFF RECOMMENDS THAT the City Council approve a supplemental appropriation of $1,300 to Beach Maintenance of Other Facilities account #001-636-43470.

Attachments: Recommended Location & Historic Photo
Notification: Don Hansen Family
Recreation Agenda Report 4-5-22 I 9D-1
EXHIBIT A. Image of sportfishing and boat access area that Mr. Hansen operated.

Photo Courtesy of Orange County Archives
EXHIBIT B. Proposed location of Don Hansen plaque/interpretive sign 4-5-22 I 9D-2