CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: {{section.name}} Account Number: 21-4678 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: February 18, 2025
SUBJECT:
Enforcement - Citation Authority – Ordinance Introduction RECOMMENDATION:
Introduce an Ordinance to amend San Mateo Municipal Code Section 1.04.050(a), “Enforcement - Citation Authority” BACKGROUND:
San Mateo Municipal Code Section 1.04.050(a) provides authorization for specified employees to issue administrative citations in order to enforce various provisions of the Municipal Code. Section 1.04.050(a) requires an update to allow Public Works staff to enforce San Mateo Municipal Code Chapter 7.35, as well as other sections relating to solid waste, as required by state law and as further described below.
Approximately 20 million tons of organic debris goes into landfills in California every year. As this material decomposes, it releases methane (a potent greenhouse gas), accounting for 20 percent of the state’s methane gas emissions. In September 2016, SB 1383 (Lara) titled “California's Short-Lived Climate Pollutants Reduction Act” was passed and established statewide methane gas emission reduction targets. SB 1383 is the largest waste diversion legislation passed in the last thirty years and will reduce greenhouse gas emissions, improve soil conditions, reduce the impact of drought and wildfire, and increase the life of landfills.
Regulations to implement SB 1383 (California Code of Regulations, Title 14, Section 18981 et seq.) were adopted on November 3, 2020. SB 1383 regulations require each jurisdiction in California to provide organic collection services to all residents and businesses, establish an edible food recovery program, conduct public education and outreach regarding the mandates, purchase recycled and recovered organic products to create an organics circular economy, monitor compliance and conduct enforcement, maintain records, and report to CalRecycle.
SB 1383 regulations also required jurisdictions to establish enforceable requirements for organic waste generators, haulers, and other entities subject to City authority by January 1, 2022. More information regarding SB 1383 regulations can be found online at www.calrecycle.ca.gov/organics/slcp/.
On December 6, 2021, the City adopted San Mateo Municipal Code (SMMC) Chapter 7.35, known as the "Mandatory Organic Waste Disposal Reduction Ordinance” (Ordinance) in compliance with SB 1383. SB 1383 allows the City to designate a public or private entity to fulfill some of its SB 1383 regulatory responsibilities via contracts or written agreements. The City has executed agreements with both the County of San Mateo and South Bayside Waste Management Authority (SBWMA) to assist in implementation and compliance. The City also has a franchise agreement with Recology San Mateo County.
CITY OF SAN MATEO
Pursuant to SB 1383, and SMMC Section 7.35.130(h)-(i), an education period for non-compliance with the Ordinance was established from January 1, 2022 through December 31, 2023, and since then the City has been engaged with its partners Recology San Mateo County, Rethink Waste, and the County of San Mateo Sustainability Department to provide a robust public education and outreach campaign including on-site visits, bill inserts, phone calls, emails, and letters. This has been a successful campaign; however, many residential and commercial accounts are out of compliance.
Enforcement, which is mandated by the legislation, including the imposition of penalties for non-compliance, began on January 1, 2024.
In a review of the Ordinance, staff found that San Mateo Municipal Code Section 1.04.050(a) needed to update titles in the Positions column of the table and add the Waste Management Supervisor’s title to the table to give that position enforcement authority. The review also found that relevant staff did not have authority to enforce provisions of the Code that are naturally their responsibility. The following Chapters are proposed to be updated in this Ordinance: 7.32 Garbage,
7.33 Construction and Demolition Recycling Plans, and 7.35 Mandatory Organic Waste Disposal.
These changes will authorize appropriate Public Works staff to enforce for illegal dumping in the right of way, which is included in 7.32 Garbage, 7.33 Construction and Demolition Recycling Plans, and the enforcement provisions on organics and edible food generators in the 7.35 Mandatory Organic Waste Disposal Chapter.
In addition, the City experiences many incidences of abandoned shopping carts, and while Streets and Solid Waste are often required to pick up these carts, enforcement is handled by the Code Enforcement team in the Community Development Department. Solid Waste has been collaborating with Code Enforcement to transfer responsibility for this type of illegal dumping to Solid Waste, which is a more natural fit. The proposed amendments to Section 1.04.050(a)will add the ability for Solid Waste to enforce the provisions of Abandoned Shopping Carts 17.29.
Based on the above, staff recommends the City Council approve introduction of the proposed amendments to San Mateo Municipal Code Chapter 1.04.050(a) “Enforcement—Citation Authority.” BUDGET IMPACT:
There is no corresponding budget impact with the amendment of the Ordinance.
ENVIRONMENTAL DETERMINATION:
This City Council action to amend San Mateo Municipal Code Section 1.04.050(a) “Enforcement—Citation Authority,” is not a project subject to CEQA review, because it consists of an organizational or administrative activity that will not result in a direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance – Track Changes
STAFF CONTACT
Jack Johnson, Waste Management Supervisor
[email protected]
(650) 522-7346