CITY COUNCIL MEETING AGENDA December 20, 2022
CITY COUNCIL MEETING AGENDA
City Council Chambers
4488 Red Bluff Street
Shasta Lake. CA 96019
Tuesday, December 20, 2022, at 6:00 PM
Mayor: Greg Watkins
Vice Mayor: Janice Powell
Council Members: Justin Jones, Pamelyn Morgan
OTHER WAYS TO PARTICIPATE IN THE MEETING
• Watch a livestream of the meeting online or view the recording any time after the meeting concludes at the following: cityofshastalake.org/meetings
• Submit public comment by mail or email addressed to City Clerk, City of Shasta Lake, PO Box 777, Shasta Lake, CA 96019 or [email protected]. Mailed and emailed comments must be received one day prior to the meeting to be included.
5:30 PM CLOSED SESSION
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54954.9 (d) (3), CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION. ONE CLAIM (ONE POTENTIAL CASE). 6:00 PM CALL TO ORDER – REGULAR MEETING:
Call to order (please place electronic devices on silent) Statement for the record of Council Members present or absent Pledge of Allegiance
Invocation
The Brown Act prohibits the Council from taking action on any item not placed on the Agenda in most cases. The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting to be made available to members of the public at the same time they are distributed.
Should supplemental materials to be evaluated in the decision-making process be made available to the members of the legislative body at the meeting, seven (7) copies must be provided to the City Clerk who will distribute them.
Councilmembers are encouraged to contact the City Manager prior to the meeting with questions or concerns regarding any item on the Agenda so that their questions and concerns can be adequately addressed at the meeting.
Agenda packets are available for public review at City Hall, 4477 Main Street, Shasta Lake, CA during normal business hours of 7:00 a.m. to 4:00 p.m. weekdays, excluding holidays.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (530) 275-7407. Notification 48 hours prior to the meeting is requested to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
CITY COUNCIL MEETING AGENDA December 20, 2022
AWARDS & RECOGNITIONS:
PRESENTATIONS:
COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
PUBLIC COMMENT:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the regular agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies.
CONSENT AGENDA:
The items listed under the Consent Agenda are considered routine business and will be voted on together by one motion unless a Council Member requests a specific item to be removed and discussed separately.
1. Resolution declaring Leckey Land Clearing of Redding, CA the lowest responsive, responsible bidder, award a construction contract in the amount of $139,680 to Leckey Land Clearing for the execution of the Toyon Water Plant Demolition Project, and approve total expenditure for construction not to exceed $160,000. (Page 1)
2. Ordinance amending Municipal Code 2.32, Purchasing System. (Page 5) PUBLIC HEARINGS:
3. Discussion and possible action on the first reading of an Ordinance creating Chapter 8.07, Reduction of Organic Waste. (Page 7)
REGULAR AGENDA:
4. Discussion and possible action to appoint Rose Smith to the Parks Resolution for a two year term expiring in December of 2024. (Page 39)
5. Mayor’s annual appointments to Committees/Commissions/Boards and establishment of an Ad Hoc Committee for review and recommendations regarding the Water Utility Rate Study, as well as an Ad Hoc Committee for Security of City Facilities. (Page 42) CITY COUNCIL MEETING AGENDA December 20, 2022
6. Discussion and possible action authorizing the City Manager to execute and submit grant and loan applications and related documents through the State Water Resources Control Board Clean Water State Revolving Fund. (Page 44)
7. STAFF COMMENTS:
Toni Coates, City Clerk – update on Planning Commission Vacancy.
Jessaca Lugo, City Manager – discussion and direction regarding cancellation of January 3, 2023 City Council meeting.
CITY COUNCIL COMMENTS AND REPORTS:
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported.
Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org Report and Recommendations 1
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer / Public Works Director
DATE: December 20, 2022
SUBJECT: Construction Contract Award
Toyon Water Plant Demolition - Bid No. 2023-06
FILE NO.: AG-825
RECOMMENDATION:
Staff requests that the City Council consider awarding the Toyon Water Plant Demolition project to Leckey Land Clearing of Redding, CA in the amount of $139,680.00 and approve a total of $160,000.00 to allow for a contract contingency.
BACKGROUND:
The Toyon Water Plant, located to the north of the former Government Camp property off Shasta Dam Boulevard, was constructed in the 1960’s to provide treated water to the areas served by the Shasta Dam Area PUD. In the late 1980’s, the Toyon plant was decommissioned and replaced with the current Fisherman’s Point Water Treatment Plant, located on a hill above Shasta Dam. Since its decommissioning, the facilities at the Toyon plant have fallen into disrepair and have become an attractive nuisance. This project will remove all of the buildings and structures at the Toyon plant, leaving nothing more than 1’ above ground level. Staff worked with USBR for nearly seven years (!) to finally get this demolition project out to bid.
Eight (8) bids were received on December 1, 2022. All eight bids were deemed to be responsive.
The bids ranged from a low responsive bid of $139,680.00 to a high responsive bid of $237,500.00. The lowest responsive bid was about 44% lower than the budgeted amount of $250,000, and the highest responsive bid was about 5% lower than the budgeted amount. A Bid Summary is attached.
FISCAL IMPACTS:
This project is funded through currently budgeted water utility funds (510-340).
ATTACHMENTS:
Resolution, Bid Summary
1 DISTRIBUTION:
City Council
PROJECT LOCTION MAP:
2 RESOLUTION CC 2022-xx
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL TO DECLARE LECKEY LAND
CLEARING OF REDDING, CA THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $139,680.00 TO LECKEY LAND CLEARING
FOR THE EXECUTION OF THE TOYON WATER PLANT DEMOLITION PROJECT, AND APPROVE TOTAL EXPENDITURE FOR CONSTRUCTION NOT TO EXCEED $160,000.00 ________________________________________________________________________________ WHEREAS, The City advertised for competitive bids to construct the above project starting on October 24, 2022; and
WHEREAS, The City opened eight competitive bids on December 1, 2022; and WHEREAS, the lowest responsive, responsible bidder was Leckey Land Clearing of Redding, CA with a bid of $139,680.00; and
WHEREAS, in addition to the construction contract funds, contingency funds need to be allocated, creating a construction budget of $160,000.00
NOW, THEREFORE, BE IT RESOLVED THAT the City of Shasta Lake City Council hereby declares Leckey Land Clearing of Redding, CA the low responsive, responsible bidder, awards a construction contract in the amount of $139,680.00 to Leckey Land Clearing for the execution of the Toyon Water Plant Demolition project, and approves a total expenditure for construction not to exceed $160,000.00.
PASSED, APPROVED, AND ADOPTED this 20th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
GREG WATKINS, MAYOR
ATTEST:
TONI M. COATES, CMC
City Clerk
3 Engineer's Estimate Leckey Land Clearing
License No. 670526 License No. 763896DIR No. 1000003478 DIR No. 1000015177 Item # Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $5,000.00 $5,000.00 $3,500.00 $3,500.00 $10,000.00 $10,000.002 Access Road Repair 1 LS $5,000.00 $5,000.00 $500.00 $500.00 $10,000.00 $10,000.003 Water Treatment Plant Demolition 1 LS $240,000.00 $240,000.00 $135,680.00 $135,680.00 $138,000.00 $138,000.00 Total: $250,000.00 $139,680.00 $158,000.00
Subcontractor(s): Warren Asbestos Abatement Cal, Inc.
Eddie Axner Construction
License No. 575300 License No. 1047936 License No. 693564DIR No. 1000000652 DIR No. 1000063040 DIR No. 1000002409 Item # Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $5,000.00 $5,000.00 $7,000.00 $7,000.00 $20,000.00 $20,000.002 Access Road Repair 1 LS $12,000.00 $12,000.00 $9,000.00 $9,000.00 $10,000.00 $10,000.003 Water Treatment Plant Demolition 1 LS $148,679.00 $148,679.00 $162,000.00 $162,000.00 $163,127.00 $163,127.00 Total: $165,679.00 $178,000.00 $193,127.00
Subcontractor(s): Infinity Abatement Services Hilltop Asbestos Abatement Sterling Holloway GS Construction
License No. 760923 License No. 623652 License No. 816496DIR No. 1000856731 DIR No. 1000013164 DIR No. 1000003520 Item # Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Erosion and Sediment Control 1 LS $8,850.00 $8,850.00 $3,250.63 $3,250.63 $3,500.00 $3,500.002 Access Road Repair 1 LS $9,490.00 $9,490.00 $3,022.25 $3,022.25 $5,000.00 $5,000.003 Water Treatment Plant Demolition 1 LS $189,150.00 $189,150.00 $205,827.18 $205,827.18 $229,000.00 $229,000.00 Total: $207,490.00 $212,100.06 $237,500.00
Subcontractor(s): 1-888-4-Abatement Infinity Abatement Services None *Note: The bid from Bowen Engineering and Environmental was found inside a FedEx envelope on the CityClerk's desk at 2:30, prior to finalizing the bid tabulation. The bid was tracked and found to have beendelivered on 12/1/22 at 11:40 a.m. This bid was then opened by City staff, and the result is listed here.
Allen Gill Construction Bowen Eng. And Env.*
JM Environmental
Dragon Demolition
Toyon Water Plant Demolition
Bid No. 2023-06
Bid Opening Date: December 1, 2022
Garrison Demolition
4 ORDINANCE ORD-CC-2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) CHAPTER 2.32 (PURCHASING SYSTEM) WHEREAS, Chapter 2.32 of the City of Shasta Lake Municipal Code establishes the City’s Purchasing System providing the framework of policy and procedures necessary to implement a purchasing system including dollar limits associated with the purchase of goods, supplies and services, professional services agreements, and Public Projects; and WHEREAS, staff has presented an amended ordinance 2.32, specifically the addition of section
2.32.080 exemptions for fuel reduction projects; and
WHEREAS, the City Council conducted a public hearing on December 6, 2022, and considered public testimony provided regarding the proposed Municipal Code amendments.
NOW, THEREFORE BE IT RESOLVED, that the City of Shasta Lake, acting by and through its City Council, having considered and been fully advised in the matter and good cause appearing therefore do hereby amend Title 2 (Administration and Personnel) Chapter 2.32 (Purchasing System), attached hereto as Attachment A.
THE CITY COUNCIL OF THE CITY OF SHASTA LAKE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I: Makes the following findings:
1. I hereby certify that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Shasta Lake held on the 6th day of December, 2022 and final adoption took place on December 20, 2022.
2. Approval of the code amendments as outlined in Attachment A to this Ordinance.
PASSED, APPROVED AND ADOPTED this 20h day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
GREG WATKINS, Mayor
ATTEST:
________________________
TONI M. COATES, CMC, City Clerk
5 ATTACHMENT A
Amend Chapter 2.32 and add the following:
2.32.080 Exceptions to competitive bidding requirements.
A. The provisions of this chapter requiring competitive bidding shall not apply to the following:
1. Where the city's requirements can be met solely by a single patented article or process;
2. Situations where no bids have been received following bid announcements under other provisions of this chapter;
3. When a purchase involves goods of a technical nature where it would be difficult for a vendor to bid on a standard set of specifications, the purchasing agent shall undertake a thorough review of known products and a comparison of features which would most closely meet the city's needs at the least cost;
4. Fuel reduction projects and vegetation treatments, with costs at or below the threshold 2 purchasing limit applicable at that time, are exempt from normal competitive bidding.
Fuel reduction projects are immediate in nature and have been proven as a means of lessening wildfire hazards, catastrophic fire and its threat to public and firefighter safety, and damage to property;
5. When the city council determines that the purchase or method of purchase would be in the best interests of the city;
B. When the procurement falls into any of the categories listed above, the purchasing agent may authorize contracts made by negotiation; provided, that the amount does not exceed the threshold 2 purchasing limit.
C. Any request for an exception shall be made to the purchasing agent under this section shall include the nature of the contract, amount of the contract, and the reasons why competitive bidding is not feasible. Approval from purchasing agent will be required. 6 Report and Recommendations 3 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: Jessaca Lugo, Jr., City Manager
FROM: Wendy Howard, Finance Director
DATE: December 13, 2022
SUBJECT: Ordinance creating Chapter 8.07 Reduction of Organic Waste FILE NO: S-020-522-668
RECOMMENDATION:
Staff recommends adopting an ordinance creating Chapter 8.07 Reduction of Organic Waste required by SB1383 Short-Lived Climate Pollutants Bill (SLCB).
BACKGROUND:
The final regulations of SB1383 were approved by the Office of Administrative Law on November 3, 2020. The intent of SB1383 is to reduce short-lived climate pollutants (SLCP) that contribute to greenhouse gas emissions and air pollution resulting from decomposing organic waste, specifically food scrap waste. As defined by the legislation, the three main goals of SB1383 are:
1) Reducing organic waste disposal by 50 percent of the 2014 level by 2020; 2) Reducing organic waste disposal by 75 percent of 2014 levels by 2025, which would be more than 20-million tons; and
3) Recovering 20 percent of currently disposed of edible food for human consumption through food banks, and related human services organizations by 2025.
ANALYSIS:
SB1383 requires the City to adopt an enforceable ordinance to compel businesses and residents to recycle their organic and food waste, and comply with other requirements of the regulation, while putting the responsibility for funding, administrating, and implementing those goals on the City. The City could face penalties of up to $10,000 per day for failing to comply with SB1383 effective January 1, 2022. Recently, SB 619 was signed by the Governor allowing penalty relief during calendar year 2022 as long as there is a corrective action plan in place to ensure compliance.
Compliance requirements include:
7 1. Providing Organic Collection Services to All Residents and Businesses — Organic waste consists of, but not limited to, green waste, food waste, fibers, and wood waste. Landfills will no longer accept organic waste for disposal, and must be sent to facilities where it will be recycled in a way that prevents the release of SLCPs.
2. Reporting — Keeping appropriate records and reporting to the State on SB1383 implementation. This will include information about solid waste container inspections, violators, and food-recovery programs used by businesses that must comply with SB1383’s edible food recovery requirement.
3. Enforcement and Compliance — Container contamination must be monitored, and violators who inappropriately dispose their organic waste must be cited. The City Manager and Finance & General Services Manager attended a meeting of the Solid Waste Committee, and based on information from that, and confirmed by Shasta County and City of Redding, Shasta County will be the enforcement agency.
4. Procurement — The City will be required to meet minimum targets for procuring recycled and recovered organic products that will be based on its population size. Examples of organic products include compost, mulch, biomass derived electricity, or renewable gas. Our procurement target for 2022 (based on 1/1/2021 population estimates) is 853 tons of organic waste.
5. Education — The City will be required to conduct education and outreach on reducing organic waste.
6. Establish Edible Food Recovery Program — Required edible food generators must recover the maximum amount of edible food that would otherwise be disposed of, to instead feed people.
Businesses must have a program in place to track and report this activity, and Shasta County HHSA (per the meeting noted above in #3, confirmed by Shasta County, Anderson, and City of Redding) is responsible for implementing a program to educate businesses about food recovery, generator requirements, and food recovery organizations.
On January 1, 2022, SB1383 became enforceable, requiring the City to have a mandatory recycling ordinance in place by then, and provide an organics collection service to all residents and businesses. From 2022 to 2023, SB1383 will allow the City to take a non-punitive approach to enforcement. However, the City must begin taking punitive action against non-compliant entities starting on January 1, 2024. At their February 15th, 2022 meeting, Council approved submitting a Notice of Intent to Comply (NOIC), through which, a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan. CalRecycle approved the City’s NOIC on 5/16/2022.
Currently Waste Management (WM) is in the process of obtaining permits to build a mixed-use facility that will process food waste along with other organic waste. Currently there is no facility near enough for us to use.
The City is part of a JPA with Shasta County and the City of Anderson, and we are working together to meet the Education and Edible Food Recovery Program requirements.
Implementation Efforts and Impact to Residents and Businesses After the new waste facility is in service, single-family residential customers will be required to food 8 scraps into their existing green waste containers (green carts) as food waste must now be diverted from landfills and recycled.
This waste will no longer be allowed in trash containers (black carts). WM has been educating residential customers about the coming change in its newsletters. Currently, all commercial customers generating two-cubic yards or more of commercial solid waste per week, and multi-family dwellings of five units or more are required to recycle their organic waste under mandatory commercial organics recycling requirements of AB 1826. Multi-family dwellings were not required to arrange for the food waste portion of mandatory commercial organics recycling. Now they must do so under SB1383, and the legislation adds on to AB 1826 by associating SLCP reductions with organic waste disposal, and granting the California Department of Resources Recycling and Recovery (CalRecycle) the regulatory authority required to achieve the organic waste disposal reduction targets.
Contamination Monitoring and Notice of Violation
Container inspection, contamination monitoring, and enforcement are required under SB1383. The City and WM are still developing a program to deter and inspect for container contamination which will likely include a fee for violators from the trash company. This fee would be separate, and in addition to, a Notice of Violation that the City may issue to any entity for violating any part of the ordinance after January 1, 2024.
FISCAL IMPACTS:
There is no impact on the General Fund related to the adoption of the Organic Waste Disposal Reduction Ordinance. However, there will be compliance and implementation costs required because of SB1383 that will likely be passed on to customers and the City. The full financial impact of meeting the compliance with all aspects of SB1383 will be addressed in future items that will be brought to the Council for consideration.
ATTACHMENTS:
Organic Waste Disposal Reduction Ordinance
DISTRIBUTION:
City of Shasta Lake City Council
9 ORDINANCE NO. CC-2022-xxx
AN ORDINANCE CREATING CHAPTER 8.07 OF THE SHASTA LAKE MUNICIPAL
CODE, RELATING TO THE REQUIREMENTS FOR THE REDUCTION OF ORGANIC WASTE
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements ("Regulations"), consistent with the mandate of Senate Bill 1383, that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City is a local jurisdiction required to comply with the Regulations; WHEREAS, the City is or expects to be facing continuing violations of other Articles of the Regulations commencing during the 2022 calendar year; and WHEREAS, the City contracts with Waste Management for waste disposal. The City is a disadvantaged community and is concerned about the financial impacts of SB1383. The City will work with CalRecycle on mitigating financial impacts.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shasta Lake, State of California, as follows:
Chapter 8.07 is hereby added as follows: Mandatory Organic Waste Disposal Reduction.
8.07.010 Title
8.07.020 Purpose and Findings
8.07.030 Definitions
8.07.040 Requirements for Single Family Generators
8.07.050 Requirements for Commercial Businesses
8.07.060 Waivers for Generators
8.07.070 Requirements for Commercial Edible Food Generators
8.07.080 Requirements for Food Recovery Organizations and Services, Jurisdictions, and Regional Agencies
8.07.090 Requirements for Haulers and Facility Operators
8.07.100 Self-Hauler Requirements
8.07.110 Compliance with CalGreen Recycling Requirements
8.07.120 Model Water Efficient Landscaping Ordinance Requirements 10 8.07.130 Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors
8.07.140 lnspections and Investigations by Jurisdiction
8.07.150 Enforcement
8.07.160 Effective Date
8.07.010 TITLE.
This Chapter may be cited as the Mandatory Organic Waste Disposal Reduction Ordinance.
8.07.020 PURPOSE AND FINDINGS
The City of Shasta Lake finds and declares:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program. (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of 11 methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
8.07.030 DEFINITIONS
(a) "Blue Container" has the same meaning as in 14 CCR Section 18982.Z(a)(S) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
(b) "Brown Container" means a brown container that shall be used for the purpose of storage and collection of Source Separated Brown Container Organic Waste.
(c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
(d) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(e) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forprofit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A MultiFamily Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. (f) "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(g) "Compliance Review" means a review of records by a Jurisdiction or Regional Agency to determine compliance with this ordinance.
12 (h) "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 178SS(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(j) "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)(l)(C). (k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) "C&D" means construction and demolition debris.
(m) "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 of the 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.S(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of SO 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.S(t) 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".
(n) 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 13 Section 17409.5.B(c)(Z) 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.
(o) "Designee" means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction's responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. (p) "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
(q) "Enforcement Action" means an action of the Jurisdiction to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (r) "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 receive materials from the Jurisdiction and 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 ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, 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 Jurisdiction, or its Designee, to potential liability; but not including de minimis 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 Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, universal wastes, and latex paint when such materials are defined as allowable materials for collection through the Jurisdiction's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services
(s) "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).
(t) "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code.
14 (u) "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).
(v) "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
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 ordinance.
(w) "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). (x) "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.
(y) "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). (z) "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(aa) "Food Waste" means Food Scraps and Food-Soiled Paper. (aa) "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) 15 and shall be used for the purpose of storage and collection of Gray Container Waste.
(bb) ''Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three or three-plus container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.l(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(cc) "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(dd) "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (ee) "Hauler Route" means the designated itinerary or sequence of stops for each segment of the Jurisdiction's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(ff) "High Diversion Organic Waste Processing Facility'' means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.S(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of SO percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.S(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(gg) "Inspection" means a site visit where a Jurisdiction or Regional Agency 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 requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
(hh) "Jurisdiction" means City of Shasta Lake.
(ii) "Jurisdiction Enforcement Official" means City Manager ortheir authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance.
(jj) "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 16 space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
(kk) "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit. or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance. (11) "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. (nn) "MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(oo) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(pp) "Non-Local Entity" means the following entities that are not subject to the Jurisdiction's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1) Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
(2) Facilities operated by the State Park system located within the boundaries of the Jurisdiction.
(3) Public universities (including community colleges) located within the boundaries of the Jurisdiction.
(4) County fairgrounds located within the boundaries of the Jurisdiction. 17 (5) State agencies located within the boundaries of the Jurisdiction. (qq) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). (rr) "Notice of Violation (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.
(ss) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(tt) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(uu) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(S1). (vv) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(ww) "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction's Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container.
(xx) "Recovered Organic Waste Products" means products made from California, landfill diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
18 (yy) "Recovery" means any activity or process described in 14 CCR Section 18983.l(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (zz) "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). (aaa) "Regional Agency" means regional agency as defined inPublic Resources Code Section 40181.
(bbb) "Regional Enforcement Official" means a regional or county agency enforcement official, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official
(ccc) "Remote Monitoring" means the use of the internet of things (loT) and/or wireless electronic devices to visualize the contents of Blue Containers, Brown Containers. Green Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.
(ddd) "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (eee) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(fff) "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)(07).
(ggg) "SB 1383'' means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42072) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (hhh) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
19 (iii) "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. 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).
jjj) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(kkk) "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(Ill) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.S(b) (4).
For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection 20 and processing.
(mmm) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
(nnn) "Source Separated Brown Container Organic Waste" means Source Separated Organic Waste limited to Food Waste that can be placed in a Brown Container specifically intended for the separate collection of Organic Waste by the Generator.
(ooo) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, Source Separated Brown Container Organic Waste, carpets, Non-Compostable Paper, and textiles.
(ppp) "Source Separated Recyclable Materials" means Source Separated NonOrganic Recyclables and Source Separated Blue Container Organic Waste. (qqq) "State" means the State of California.
(rrr) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(sss) "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one 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.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance.
(ttt) ''Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following:
21 (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.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this ordinance.
(uuu) "Uncontainerized Green Waste and Yard Waste Collection Service" or "Uncontainerized Service" means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(75).
(vvv) "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
8.07.040 REQUlREMENTS FOR SINGLE-FAMILY GENERATORS
Single-Family Organic Waste Generators shall comply with the following requirements:
(a) Shall subscribe to Jurisdiction's Organic Waste collection services for all Organic Waste generated as described below in Section 4(b). Jurisdiction 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 separation of materials and containment of materials; and, SingleFamily generators shall adjust its service level for its collection services as requested by the Jurisdiction. Single-Family Organic Waste Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Shall participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and 22 shall not place Prohibited Container Contaminants in collection containers. (1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Brown Container Organic Waste in the Brown Container, and Gray Container Waste in the Gray Container. Single-Family Organic Waste Generator shall not place materials designated for the Brown Containers, Green Containers or Blue Containers in the Gray Containers.
8.07.050 REQUIREMENTS FOR COMMERCIAL BUSINESSES
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction's four container service and comply with requirements of those services as described below in 8.07.0S0(b). Jurisdiction shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Jurisdiction.
(b) Participate in the Jurisdiction's Organic Waste collection service(s) by placing designated materials in designated containers as described below. (1) Generator shall place Source Separated Green Container Organic Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Brown Container Organic Waste in the Brown Container, and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Brown Containers, Green Containers or Blue Containers in the Gray Containers.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(l) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Jurisdiction's Blue Container, Brown Container, Green Container, and Gray Container collection service.
(d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Brown Container Organic Waste, Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall 23 have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Jurisdiction, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior 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.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container.
(e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b) inside the dwelling units.
(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees, contractors, tenants, and customers from placing materials in a container not designated for those materials per the Jurisdiction's Blue Container, Brown Container, Green Container, and Gray Container collection service. (g) Excluding Multi-Family Residential Dwellings, quarterly inspect Blue Containers, Brown Containers, Green Containers, and Gray Containers for contamination and inform employees, contractors, tenants, and customers if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Records of inspections shall be made available upon request by the Jurisdiction or Regional Agency.
(h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Brown Container Organic Waste, Source Separated Green Container Organic waste and Source Separated Recyclable Materials.
(i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Brown Container Organic Waste, Source Separated Green Material Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
(j) Provide or arrange access for Jurisdiction or its agent to their properties 24 during all Inspections conducted in accordance with 8.07.150 of this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with Jurisdiction's Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator's compliance with 8.07.0SO(b).
(1) At Commercial Business's option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Brown Containers, Green Containers and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Brown Containers, Green Containers, and Gray Containers subject to written notification to or approval by the Jurisdiction or its Designee, or the Regional Agency.
(m) If a Commercial Business self-hauls Solid Waste in excess of the capacity it has through the Jurisdiction's Organic Waste collection service, it must meet the Self Hauler requirements in 8.07.100 of this ordinance. (n) 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).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to
8.07.070.
25 8.07.060 WAIVERS FOR GENERATORS
(a) De Minimis Waivers: a Jurisdiction or Regional Agency may waive a Commercial Business' obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in
8.07.060(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.07.060(a)(2) below.
(2) Provide documentation that either:
(A) The Commercial Business' total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container, Brown container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or,
(B) The Commercial Business' total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container, Brown Container or Green Container comprises less than 10 gallons per week per applicable container of the business' total waste.
(3) Notify Jurisdiction if circumstances change such that Commercial Business' Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minimis waiver.
(b) Physical Space Waivers: A Jurisdiction or Regional Agency may waive a Commercial Business' or property owner's obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the Jurisdiction 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 8.07.040 or 8.07.050.
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.
26 (2) Provide documentation that the premises lacks adequate space for Blue Containers, Brown Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Provide written verification to Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.
(c) Collection Frequency Waiver: Jurisdiction or Regional Agency, 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 Jurisdiction's four-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both, once every fourteen days, rather than once per week. A collection frequency waiver may be requested by submitting an application to arrange for collection every fourteen days.
A Commercial Business or property owner may request a collection frequency 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 Blue Container, Gray Container, or both, does not contain putrescible waste.
(3) Provide written verification to Jurisdiction that it is still eligible for collection frequency waiver every five years, if Jurisdiction has approved application for a collection frequency waiver.
8.07.070 REQUIREMENTS FOR COMMERCIAL EDIBLE FOOD GENERATORS Tier One Commercial Edible Food Generators must comply with the requirements of Section 8.07.070 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1. 2024, pursuant to 14 CCR Section 18991.3.
(a) 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.
(b) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
27 (2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Jurisdiction's designated enforcement entity or Regional Agency to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery
Organization.
(iii) The established frequency that food will be collected or self hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(6) No later than March 1 of each year commencing no later than 2023 for Tier One Commercial Edible Food Generators and 2025 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the Regional Agency that includes all information listed above in 8.07.070(c)(5).
Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the 28 State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
8.07.080 REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND
SERVICES, AND JURISDICTION
(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 Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Regional Agency the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 1.
29 (d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the Jurisdiction or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Jurisdiction shall provide information and consultation to the Jurisdiction and Regional Agency, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Jurisdiction or Regional Agency shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction or Regional Agency.
8.07.090 REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS (a) Requirements for Haulers
(1) Exclusive franchised haulers providing residential, Commerciali or industrial Organic Waste collection services to generators within the Jurisdiction's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before October 1 for the following calendar year, exclusive franchise haulers must identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Brown Container
Organic Waste and Source Separated Green Container Organic Waste. At its discretion, the Jurisdiction may direct the exclusive franchise haulers to use certain facilities. If the Jurisdiction chooses to exercise this right, the exclusive franchise haulers shall follow the Jurisdiction's direction and provide alternative facilities that may be used in the event the selected facilities are temporarily or permanently rejecting Solid Waste.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste and Source
Separated Brown Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) Obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, 9.44.110 of this ordinance.
30 (2) Exclusive franchise haulers authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Jurisdiction.
(b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon Jurisdiction 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 Jurisdiction shall respond within 60 days.
(2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Jurisdiction shall respond within 60 days.
8.07.100 SELF-HAULER REQUIREMENTS
Requirements for Self-Haulers:
(a) Self-Haulers shall source separate all Source Separated Recyclable Materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction's organics and recycling collection program) 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 High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Brown Container and Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste 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 Jurisdiction. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. 31 (2) The amount of material in cubic yards or tons transported by the generator to each entity.
(3) If the material is transported to an entity that does not have scales onsite, 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 Waste. (d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 8.07.l00(c) to Jurisdiction or Regional Agency if requested.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 8.07.l00(c) and (d).
8.07.110 COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alterations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
Project applicants shall refer to Jurisdiction's Building Department for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the Jurisdiction's permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Brown Container and Green Container materials, consistent with the four-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and
5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container, Brown Container and Green 32 Container materials, consistent with the four-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. (3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
8.07.120 MODEL WATER EFFICIENT LANDSCAPING ORDINANCE REQUIREMENTS (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the Jurisdiction, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(8), (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in Section 8.07.120.
(b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
© Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 8.07.120(a) above shall:
(1) Comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. (B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. 33 Designated insect habitat must be included in the landscape design plan as such.
© Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 9.44.120(a) shall consult the full MWELO for all requirements.
(c) If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires Jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
8.07.130 PROCUREMENT REQUIREMENTS FOR JURISDICTION
DEPARTMENTS, DIRECT SERVICE PROVIDERS, AND VENDORS
(a) Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction's Recovered Organic Waste Product Procurement Policy adopted on December 21, 2021. 34 8.07.140 INSPECTIONS AND INVESTIGATIONS BY JURISDICTION AND REGIONAL AGENCY
(a) Jurisdiction, and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Jurisdiction to enter the interior of a private residential property or areas other than those areas accessed during regular collection service for Inspection. (b) Organic Waste Generator shall provide or arrange for access during all Inspections and shall cooperate with the Jurisdiction's or Regional Agency's employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction or Regional Agency during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Jurisdiction and Regional Agency representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction or Regional Agency shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
8.07.150 ENFORCEMENT
(a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance include issuance of an administrative citation(s) and assessment of a fine(s). The Jurisdiction's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule
35 or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including, but not limited to, civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources. (c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, or their designated entity, legal counsel, or combination thereof.
(2) Enforcement recommendations may be made by a Regional Enforcement Official, in consultation with Jurisdiction Enforcement Official.
(A) Regional Enforcement Official will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; recommend Enforcement Actions; and, determine if compliance standards are met.
(B) Jurisdiction Enforcement Official(s) will issue Notices of Violation(s). (d) Process for Enforcement
(1) Regional Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section
8.07.140 establishes Jurisdiction's and Regional Agency's right to conduct Inspections and investigation
(2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) Jurisdiction shall issue a Notice of Violation within 60 days of the violation, requiring compliance within 60 days of issuance of the notice. (4) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction's requirements.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the Jurisdiction or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party
36 responsible for paying for the collection services, depending upon available information
(e) Penalty Amounts for Types of
Violations the penalty levels are as
follows:
(1) For a first violation, the amount of the base penalty shall be $50 for Single Family Generators and shall be $100 per violation for Commercial Businesses.
(2) For a second violation, the amount of the base penalty shall be $100 for Single Family Generators and shall be $200 per violation for Commercial Businesses.
(3) For a third or subsequent violation, the amount of the base penalty shall be
$250 for Single-Family Generators and shall be $500 per violation for Commercial Businesses.
(f) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 8.07.150 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(g) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Jurisdiction's procedures in the Jurisdiction's codes for appeals of administrative citations.
Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. 37 (h) Education Period for Non-Compliance
Except for the requirements of Sections 8.07.040 and 8.07.050, beginning January 1, 2022 and through December 31, 2023, Regional Agency will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Jurisdiction determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(i) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall issue a Notice of Violation, and take Enforcement Action pursuant to Section 8.07.150, as needed.
8.07.160 EFFECTIVE DATE
This ordinance shall be effective thirty (30) days following its second reading and posting as provided for by the Municipal Code and/or State law.
DULY PASSED, APPROVED, AND ADOPTED this Day of by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
GREG WATKINS, Mayor
ATTEST:
_____________________________________________
TONI M. COATES, CMC, City Clerk
38 Report and Recommendations 4
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Toni Coates, City Clerk
DATE: December 16, 2022
SUBJECT: Parks and Recreation Advisory Committee Appointment FILE NO.: C-080-606-853
RECOMMENDATION:
Staff recommends that City Council consider the appointment of Rose Smith to the Parks and Recreation Advisory Commission.
BACKGROUND:
As you are aware, the Parks and Recreation Advisory Commission is a five-member Commission. There are currently two vacant seats on the Commission due to term expirations.
A notice regarding the vacancies has been posted.
The City has received a request from Rose Smith for reappointment to the Commission.
FISCAL IMPACTS
None
DISTRIBUTION:
City Council
ATTACHMENTS:
Resolution
Letter seeking appointment
39 RESOLUTION CC-2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE REAPPOINTING
ROSE SMITH TO THE PARKS AND RECREATION ADVISORY COMMISSION FOR A TERM EXPIRING IN DECEMBER 2024
WHEREAS, the City Council of the City of Shasta Lake authorized the creation of a Parks and Recreation Advisory Commission, consisting of five members appointed by the City Council, pursuant to Municipal Code Chapter 2.18; and
WHEREAS, there are vacancies (2) on the Commission due to term expirations; and WHEREAS, staff has posted a notice of vacancies; and
WHEREAS, Rose Smith has expressed interest in being reappointed to the Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby appoints Rose Smith to the Parks and Recreation Advisory Commission for a two-year term, expiring in December of 2024.
PASSED, APPROVED AND ADOPTED this 20th day of December, 2022 by the following vote.
AYES:
NOES:
ABSENT:
_________________________________
GREG WATKINS, Mayor
ATTEST:
__________________________________
TONI M. COATES, CMC, City Clerk
40 RESOLUTION CC-2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPOINTING
TINA ZELLER TO THE PARKS AND RECREATION ADVISORY COMMISSION FOR A TERM EXPIRING IN DECEMBER 2023
WHEREAS, the City Council of the City of Shasta Lake authorized the creation of a Parks and Recreation Advisory Commission, consisting of five members appointed by the City Council, pursuant to Municipal Code Chapter 2.18; and
WHEREAS, there are vacancies (5) on the Commission
WHEREAS, staff has posted a notice of vacancies; and
WHEREAS, Tina Zeller has expressed interest in being appointed to the commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby appoints Tina Zeller to the Parks and Recreation Advisory Commission for a two-year term, expiring in December of 2023.
PASSED, APPROVED AND ADOPTED this 18th day of January, 2022 by the following vote.
AYES: DOYLE, MORGAN, POWELL, WATKINS, KERN
NOES: NONE
ABSENT: NONE
_________________________________
RICK KERN, Mayor
ATTEST:
__________________________________
TONI M. COATES, CMC, City Clerk
41 RESOLUTION CC-2022-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPOINTING
BRADLEY HEWITT TO THE PARKS AND RECREATION ADVISORY COMMISSION FOR A TERM EXPIRING IN DECEMBER 2023
WHEREAS, the City Council of the City of Shasta Lake authorized the creation of a Parks and Recreation Advisory Commission, consisting of five members appointed by the City Council, pursuant to Municipal Code Chapter 2.18; and
WHEREAS, there are vacancies (5) on the Commission
WHEREAS, staff has posted a notice of vacancies; and
WHEREAS, Bradley Hewitt has expressed interest in being appointed to the commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby appoints Bradley Hewitt to the Parks and Recreation Advisory Commission for a two-year term, expiring in December of 2023.
PASSED, APPROVED AND ADOPTED this 18th day of January, 2022 by the following vote.
AYES: DOYLE, MORGAN, POWELL, WATKINS, KERN
NOES: NONE
ABSENT: NONE
_________________________________
RICK KERN, Mayor
ATTEST:
__________________________________
TONI M. COATES, CMC, City Clerk
42 December 9, 2022
To : City of Shasta Lake City Council
From: Rose Smith
4243 Main St.
Shasta Lake, CA 96019
[email protected]
Position on the City Parks and Recreation Commission
I am interested in being appointed to the open position on the Parks and Recreation Commission for 2023. It has been a pleasure to represent the citizens the last year on the Parks and Recreation Commission. I feel we have accomplished a lot during 2022 and look forward to continuing serving.
Having lived in the City for over 30 years I feel I am a good representative of the citizens. I have a concerned interest in the use and development of our parks and recreation for youth and adults.
Currently I am a Director on the Shasta Lake Fire Protection District, the Treasurer for the Shasta Lake Garden Project and am on the Damboree Committee. I have been on the City General Plan Committee, the Central Valley Youth Football Board, the Gateway Unified School District Board and spent many years working on the Central Valley High Boosters Club.
Please consider me for the current position on the Parks and Recreation Commission.
Thank you,
Rose Smith
530-351-5292
43 Report and Recommendations 5 Reviewed and Approved
City Manager
AGENDA ITEM
City Council Meeting
TO: City Council
FROM: Toni M. Coates, City Clerk
DATE: December 14, 2022
SUBJECT: Mayor’s Annual Appointments to Committees/Commissions/Boards FILE NO.: C-080-092-500
RECOMMENDATION:
Staff recommends that the Mayor Watkins make annual appointments to various Standing Committees, Commissions, and Boards with the exception of the Shasta County Economic Development Corporation appointee, Stuart Sutherland, whose term expires in December of 2023.
Staff also recommends that the Mayor establish an Ad Hoc Committee consisting of two council members to review a Water Utility Rate Study, and make recommendations for City Council consideration.
In addition, staff recommends that the Mayor establish an Ad Hoc Committee consisting of two council members for review, discussion, and possible recommendations regarding Security of City Facilities (Buildings, Land, Infrastructure, Parks, and other City interests).
FISCAL IMPACTS:
None
ATTACHMENTS:
Worksheet attached
DISTRIBUTION:
City Council
44 Annual Mayor’s appointment to Committees/Commissions 2022 Appointee Proposed 2023 Appointee(s) Finance Committee Mayor and Vice Mayor Mayor & Vice Mayor Check Register Review Morgan & Powell Morgan & Powell
Public Facilities Committee Kern & Watkins Watkins & to be determined Public Safety & Emergency Preparedness Committee Powell & Watkins Powell & Watkins
Local Agency Formation Organization (LAFCO) Morgan Morgan Mayor’s City Select Committee Mayor Mayor Watkins
Redding Area Bus Authority (RABA) Kern, Powell (alternate) Powell & to be determined Shasta Regional Transportation Agency (SRTA) Watkins, Morgan is alternate Watkins & Morgan (alternate) Department of Housing and Community Action Powell Powell Shasta County Area Commission on Aging Kristie Mathews Kristie Mathews Youth Options Powell Powell
Cannabis Committee Kern & Powell Powell & Watkins
Electric Utility Committee Kern & Watkins Jones & Watkins Shasta County Mosquito & Vector Control District Ann Morningstar Ann Morningstar Ad Hoc for review of Water Utility Rate Study New Watkins & to be determined Ad Hoc for Security of City Facilities New Watkins & to be determined 45 Report and Recommendations 6 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Will Bond, City Engineer/Public Works Director
DATE: December 20, 2022
SUBJECT: Authorizing Resolution: Wastewater Treatment Plant Zinc Discharge Mitigation Project
FILE NO.: W-090-921-173
SUMMARY:
Staff requests that the City Council consider authorizing the City Manager to execute and submit grant and loan applications and related documents to the State Water Resources Control Board Clean Water State Revolving Fund (CWSRF) for the Wastewater Treatment Plant (WWTP) Zinc Discharge Mitigation Project
BACKGROUND:
Public Works staff is interested in pursuing engineering analysis and design work related to zinc discharge mitigation from the WWTP into Churn Creek. Much of the information provided in the background was presented to Council on October 18, 2022.
The $20M WWTP project was completed in 2019 which allowed the City to discharge its wastewater effluent into Churn Creek year round. Prior to the upgrade, the City was permitted to discharge to Churn Creek once a 10:1 dilution could be reached.
In 2014 the City received waste discharge requirements (WDR) from Regional Water Quality Control Board (RWQCB) which set effluent limits for various pollutants including zinc. The zinc limits in 2014 WDR were set very low at 12µg/L (avg. monthly) and 22µg/L (max daily), which ultimately could not be complied with.
The City performed many studies on the WWTP from 2014-2015 and based on a mixing zone study, it was determined that a plant upgrade was best solution for year round discharge. During the design/construction phase of the WWTP, the RWQCB issued a Time Schedule Order (TSO) that temporarily raised our zinc effluent concentration limits to 48µg/L (avg. monthly) and 59.2µg/L (max daily).
Once the WWTP construction was completed in 2020, the RWQCB revised many of our concentration limits and testing requirements. The new WDR required our zinc limits to be no more than 30µg/L (avg. monthly) and 40µg/L (max daily). All the limits in the 2020 WDR have been met, except zinc. Subsequently the RQWCB issued another TSO, in 2021, raising our 46 interim limits to 149µg/L (avg. monthly) and 264µg/L (max. daily). The 2021 TSO also has conditions that need to be met, which are:
• Condition 1 – Annual report by January 31. Ongoing and completed by WWTP Superintendent.
• Condition 2 - Complete a Zinc pollution prevention plan (PPP) by April 1, 2022. PPP was completed and submitted on time with assistance from consultant. The results of the PPP did not result in compliance.
• Condition 3 – If PPP implementation did not result in compliance, submit a work plan and schedule (WPS) to explore alternative means to comply with permit zinc limits (30/40).
The PPP did not result in compliance as a direct solvable solution wasn’t readily apparent.
Work plan and schedule was submitted in letter form to RWQCB by October 1, 2022 deadline.
The TSO allows for the interim limits until May of 2024 and we hope to be in compliance by then.
Per the WPS, the City will take a comprehensive look at alternatives for reducing zinc in its wastewater discharge and/or identifying alternatives to mitigate the presence of zinc. The City has retained a consulting group of industry experts to prepare a comprehensive engineering feasibility study with analyses of alternatives. Since the effort will require several tasks, including potential pilot studies, the Discharger plans to seek financial assistance through the CWSRF planning grant program. The planning grant application will require a detailed Plan of Study outlining the desired scope of work and tasks to be funded with the planning grant which in turn will require the City to obtain further assistance from multiple specialty consultants and industry experts to compile.
Funding is available through CWSRF for construction activities and staff is seeking council approval to authorize the City Manager to submit a CWSRF planning grant application for this project. The grant funding would be used to analyze the wastewater process system to produce a viable solution to mitigate zinc in the wastewater effluent discharged to Churn Creek. The goal is to return our zinc concentration to our original permit limits.
FISCAL IMPACTS:
Project cost for analysis and design will be determined in the coming months, however the planning grant will be fully reimbursable through the planning grant process.
ATTACHMENTS:
Resolution
DISTRIBUTION:
City Council
47 AUTHORIZING RESOLUTION
RESOLUTION NO:________________
________________________________________________________________________________
A RESOLUTION OF THE CITY OF SHASTA LAKE CITY COUNCIL
AUTHORIZING THE CITY MANAGER EXECUTE AND SUBMIT GRANT AND LOAN
APPLICATIONS AND RELATED DOCUMENTS THROUGH THE STATE WATER RESOURCES
CONTROL BOARD CLEAN WATER STATE REVOLVING FUND
________________________________________________________________________________ WHEREAS; it has been determined there is a need to seek financial assistance from the State of California Clean Water State Revolving Fund to mitigate excessive zinc discharges from the wastewater treatment plant.
RESOLVED BY the City Council of the City of Shasta Lake (the “Entity”), AS FOLLOWS:
The City Manager, Jessaca Lugo (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Zinc Discharge Mitigation Project (the “Project”).
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the City of Shasta Lake City Council held on _______ __, 202_. (Name, Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Agency) 48