HomeMy WebLinkAboutCC_2022_02_22_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
In accordance with City Council Resolution No. 2022-003 and the
requirements of AB 361, the City Council Meeting will not be physically open
to the public and City Council Members will be teleconferencing into the
meeting.
HOW TO OBSERVE THE MEETING:
To maximize public safety while still maintaining transparency and public access,
the meeting will be live-streamed on SLO-SPAN.org, on Spectrum cable
Channel 20 in Atascadero, and on KPRL Radio 1230AM and 99.3FM. The video
recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and
6:00 pm and will be available through the City’s website or by visiting
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Members of the public are highly encouraged to participate in live public comment
through the Zoom platform using the link above or by calling 805-538-2888 to listen
and provide public comment via phone.
If you wish to comment but not via a live platform, please email public comments to
cityclerk@atascadero.org by 12:00 pm on the day of the meeting. Such email
comments must identify the Agenda Item Number in the subject line of the
email. The comments will be forwarded to the City Council and made a part of the
administrative record. If a comment is received after the deadline for submission but
before the close of the meeting, the comment will still be included as a part of the
administrative record of the meeting but will be forwarded to the City Council the next
business day. Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City wil l use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are made a part of the record or
referred to in their statement will be noted in the Minutes and available for review by contacting the
City Clerk's office. All documents will be available for public inspection by appointment during City
Hall business hours.
Page 1 of 116
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, February 22, 2022
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
CLOSED SESSION – REPORT (IF ANY)
a. February 8, 2022
b. February 16, 2022
PRESENTATION:
1. Employee Recognition
City Council Regular Session: 6:00 P.M.
Page 2 of 116
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
1. City Council Draft Action Minutes – January 28, 2022 & February 8, 2022
▪ Recommendation: Council approve the January 28, 2022 Draft City Council
Special Meeting Minutes, the January 28, 2022 Draft City Council Joint Special
Meeting Minutes & the February 8, 2022 Draft City Council Regular Meeting
Minutes. [City Clerk]
2. January 2022 Accounts Payable and Payroll
▪ Fiscal Impact: $2,691,925.33
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for January 2022. [Administrative Services]
3. Community Choice Aggregation
▪ Fiscal Impact: There is a $6,000 fee for the administrative filing. Any potential
rate savings provided by 3CE would apply to the City as well as residential and
commercial customers. Actual cost savings are unknown at this time.
▪ Recommendation: Council adopt, on second reading, a Draft Ordinance
authorizing the implementation of a community choice aggregation program in
the City of Atascadero through participation in 3CE’s community choice
aggregation program. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Comments will be allowed for the entire 30-minute period
so if the final speaker has finished before the 30 minute period has ended and a member of
the public wishes to make a comment after the Council has commenced another item, the
member should alert the Clerk within the 30 minute period of their desire to make a comment
and the Council will take up that comment upon completion of the item which was
commenced. Any members of the public who have questions or need information may
contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470-
3400, or cityclerk@atascadero.org.)
Page 3 of 116
B. PUBLIC HEARINGS:
1. Ratification of Approval of Hazardous Tree Removal
▪ Fiscal Impact: Costs to the City to assist with the replanting of a replacement
native oak tree will be a maximum of $3,500.
▪ Recommendations: Council:
1. Adopt Draft Resolution ratifying staff’s approval of the removal of one, 55 -
inch DBH, hazardous Heritage Coast Live Oak previously located at 5955
East Mall, subject to conditions of approval and mitigation, including
replanting on site; and
2. Authorize the Director of Administrative Services to use Tree Plant Funds
to reimburse the property owner up for select costs incurred towards the
stump removal and replanting of one Coast Live Oak in accordance with
Condition #6. [Community Development]
C. MANAGEMENT REPORTS:
1. SB 1383 – New Solid Waste Requirements
▪ Fiscal Impact: None. SB 1383 Regulations call for multiple changes to
collection, monitoring, education, purchasing, and reporting that will lead to an
increase to the City’s solid waste rates.
▪ Recommendations: Council:
1. Introduce for first reading, by title only, a Draft Ordinance amending Title 6,
Chapter 4 (Solid Waste Collection) in its entirety in conformity with
Assembly Bills 939, 341, 1826, and Senate Bill 1383.
2. Adopt a Draft Resolution authorizing the submittal, to CalRecycle, of a
notification of intent to comply with the requirements of Senate Bill 1383
and to secure administrative civil penalty relief under the provisions of
Senate Bill 619. [City Manager]
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their own
activities. The following represent standing committees. Informative status reports will
be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
Page 4 of 116
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a matter of
business on a future agenda. The Council may take action on items listed on the Agenda.)
1. City Council
2. City Clerk
3. City Treasurer
4. City Attorney
5. City Manager
ADJOURN
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person
may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be
distributed to the Council and available for review in the City Clerk's office.
Page 5 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council Special Meeting
January 28, 2022
Page 1 of 3
SPECIAL MEETING
ATASCADERO CITY COUNCIL
Friday, January 28, 2022, 1:00 P.M.
City Hall – Council Chambers
6500 Palma Avenue, Atascadero
(TELECONFERENCE)
*************************************
Economic Development Workshop
MINUTES
Mayor Moreno called the meeting to order at 1:00 p.m.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz, Funk, Mayor
Pro Tem Newsom, and Mayor Moreno
Also Present: By Teleconference - Planning Commissioner Victoria Carranza
Absent: None
Staff Present: By Teleconference - City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Public Works Director Nick DeBar, Police Chief Bob
Masterson, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy
City Manager/City Clerk Lara Christensen, Deputy Director of
Community and Economic Development Loreli Cappel and IT Manager
Luke Knight
DISCUSSION:
Economic Development Study Session
Discuss the current state of Economic Development in the City including review of
challenges, constraints, opportunities, and programs.
• Downtown Infrastructure Enhancement Program
• Broadband
• Grants or loan programs
• Potential areas for use of ARPA funds
Page 6 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council Special Meeting
January 28, 2022
Page 2 of 3
Deputy Director of Community and Economic Development Loreli Cappel led the Council
through an exercise on the current state of Economic Development in the City, brainstorming
successes, challenges, constraints, opportunities, and potential programs.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Victoria
Carranza and Zach Jackson
Mayor Moreno closed the PUBLIC COMMENT period.
Following the exercise, Deputy Director of Community and Economic Development Loreli
Cappel led the Council through a study session on the following potential Economic
Development Programs:
1. Investment in Broadband Internet/Technology
Maria Kelly, on behalf of the Broadband Consortium Pacific Coast, spoke on broadband
constraints and opportunities in the City and the region.
2. Downtown Infrastructure Enhancement Project
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Victoria
Carranza
Mayor Moreno closed the PUBLIC COMMENT period.
3. Grant/Loan program for eating & drinking places
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None
Mayor Moreno closed the PUBLIC COMMENT period.
4. Grant/Loan program for vacant/blighted properties
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None
Mayor Moreno closed the PUBLIC COMMENT period.
5. Grant/Loan program for other businesses
Page 7 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council Special Meeting
January 28, 2022
Page 3 of 3
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None
Mayor Moreno closed the PUBLIC COMMENT period.
6. Economic Development Activity Fund
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: None
Mayor Moreno closed the PUBLIC COMMENT period.
Deputy Director of Community and Economic Development Loreli Cappel led the Council
through a discussion on the following funding opportunities for the City’s allocation of
American Rescue Plan Act of 2021 funds and ended the workshop with open discussion on
Economic Development in the City.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Vy Pierce
Mayor Moreno closed the PUBLIC COMMENT period.
ADJOURNMENT:
Mayor Moreno adjourned the meeting at 4:58 p.m. to the Special Joint Meeting with the
Planning Commission on January 28, 2022 at 6:00 p.m.
MINUTES PREPARED BY:
_________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 8 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council Special Meeting
January 28, 2022
Page 1 of 2
SPECIAL JOINT MEETING
Atascadero City Council
Atascadero Planning Commission
Friday, January 28, 2022
6:00 P.M.
City Hall – Council Chambers
6500 Palma Avenue, Atascadero
(TELECONFERENCE)
*************************************
General Plan 2045
Study Session
DRAFT MINUTES
Mayor Moreno called the meeting to order at 6:00 p.m.
ROLL CALL:
Present: By Teleconference - Planning Commissioners Carranza, Heath,
Hughes, Schmidt, and Chair van den Eikhof; Council Members
Bourbeau, Dariz, Funk, Mayor Pro Tem Newsom, and Mayor Moreno
Absent: Commissioners Anderson and Vice Chair Keen
Staff Present: By Teleconference - City Manager Rachelle Rickard, Administrative
Services Director Jeri Rangel, Community Development Director Phil
Dunsmore, Public Works Director Nick DeBar, Police Chief Bob
Masterson, Fire Chief Casey Bryson, City Attorney Brian Pierik, Deputy
City Manager/City Clerk Lara Christensen, Deputy Director of
Community and Economic Development Loreli Cappel and IT Manager
Luke Knight
DISCUSSION:
General Plan Update - Project Scoping
Council and Planning Commission will discuss, and Council provide initial feedback to
staff regarding, the General Plan Update process.
Page 9 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council Special Meeting
January 28, 2022
Page 2 of 2
Mayor Moreno gave a brief overview of the meeting and Community Development Director
Dunsmore and Deputy Director of Community and Economic Development Loreli Cappel
briefed the City Council and Planning Commission on the General Plan Update and turned
the presentation over to the Consultant.
Laura Stetson, Dan Amsden, Sasha Ragland, Noé Noyola with MIG, and Ashleigh Kanat
with EPS gave brief presentations and led the City Council and Planning Commission
through an exercise to provide feedback and direction to staff and the consultants for
development of the final scope of work for the General Plan Update 2045 project.
Planning Commission Vice Chair Keen arrived at 7:28 p.m.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Eric Cleveland
and Sean Knoph
Mayor Moreno closed the PUBLIC COMMENT period.
The City Council and Planning Commissioners discussed and provided
feedback to staff and the Consultant for development of the
final scope of work for the General Plan Update 2045 project.
ADJOURNMENT:
Mayor Moreno adjourned the meeting at 9:12 p.m. to the next Regular Session of the City
Council on February 8, 2022 and the Planning Commission to its next Regular Session on
February 1, 2022.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
Deputy City Manager / City Clerk
Page 10 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council
February 8, 2022
Page 1 of 5
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, February 8, 2022
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and led the Pledge of Allegiance.
ROLL CALL:
Present: By Teleconference - Council Members Bourbeau, Dariz, and Funk,
Mayor Pro Tem Newsom, and Mayor Moreno
Absent: None
Others Present: By Teleconference - Treasurer Gere Sibbach
Staff Present: By Teleconference – City Manager Rachelle Rickard, Community
Development Director Phil Dunsmore, Fire Chief Casey Bryson, Police
Chief Bob Masterson, Public Works Director Nick DeBar, City Attorney
Brian Pierik, Deputy City Manager/City Clerk Lara Christensen, Deputy
Administrative Services Director Cindy Chavez, and IT Manager Luke
Knight
APPROVAL OF AGENDA:
MOTION: By Mayor Pro Tem Newsom and seconded by Council Member Dariz to:
1. Approve this agenda; and,
City Council Regular Session: 6:00 P.M.
City Council Closed Session: Immediately following
Regular Session
Page 11 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council
February 8, 2022
Page 2 of 5
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 5:0 by a roll-call vote.
CLOSED SESSION – REPORT (IF ANY)
a. January 25, 2022
City Attorney Pierik reported there was no reportable action.
PRESENTATIONS: None.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – January 25, 2022
▪ Recommendation: Council approve the January 25, 2022 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Virtual Meetings – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
3. City Website Redesign
▪ Fiscal Impact: $108,250.00
▪ Recommendation: Council authorize the City Manager to execute a contract
with Planeteria Media in the amount of $108,250 for design, implementation,
training, hosting and support for a new website for www.atascadero.org for a
five-year initial contract. [Information Technology]
MOTION: By Council Member Funk and seconded by Council Member
Bourbeau to approve the Consent Calendar. (#A-2: Resolution No.
2022-003)(#A-3: Contract No. 2022-003)
Motion passed 5:0 by a roll-call vote.
UPDATES FROM THE CITY MANAGER:
City Manager Rickard gave an update on projects and events within the City.
COMMUNITY FORUM:
The following citizens spoke by telephone or through the webinar on this item: Lee Perkins
and Misty Epperson
Page 12 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council
February 8, 2022
Page 3 of 5
Mayor Moreno closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Community Choice Aggregation
▪ Fiscal Impact: There is a $6,000 fee for the administrative filing. Any potential
rate savings provided by 3CE would apply to the City as well as residential and
commercial customers. Actual cost savings are unknown at this time.
▪ Recommendation: Council hold a public hearing, take public input, and
determine whether or not to begin the process of joining the Central Coast
Community Energy’s (3CE) community choice aggregation program by:
1. Introducing for first reading, by title only, a Draft Ordinance authorizing the
implementation of a community choice aggregation program in the City of
Atascadero through participation in 3CE’s community choice aggregation
program.
2. Adopting a Draft Resolution requesting membership in 3CE’s Joint Powers
Authority and authorizing the City Manager to execute the Joint Powers
Authority Agreement as amended with 3CE. [City Manager]
Ex-Parte Communications
Council Member Funk reported speaking with Executives and Board Members of 3CE and
other stakeholders.
Council Member Dariz reported receiving the public comment emails that were forwarded to
the City Council and speaking with a 3CE Board Member.
Mayor Pro Tem Newsom reported also receiving the emailed public comment.
Council Member Bourbeau reported speaking with Marty Brown, 3CE staff, a 3CE Board
Member, the CEO of WRCOG and Josh Cross.
Mayor Moreno reported speaking with members of the public, receiving the emailed public
comment, speaking on the item on KPRL, receiving and responding to an email from a Policy
Board Member including the CEO of 3CE in her response.
Deputy City Manager Christensen gave the staff report and answered questions from the
Council.
Lina Williams and Robert Shaw of 3CE also answered questions of the Council.
Mayor Moreno recessed the meeting at 8:32 p.m.
Mayor Moreno reconvened the meeting with all present at 8:42 pm.
PUBLIC COMMENT:
The following citizens spoke by telephone or through the webinar on this item: Elizabeth
Helgerson, Gary Kirkland, Ellen Beraud, Marty Brown, Josh Cross, Al Clark, Eric Fleck, Jeff
Page 13 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council
February 8, 2022
Page 4 of 5
INDIVIDUAL DETERMINATION AND / OR ACTION: None.E.
1. Homeless Services Oversight Council
Council Member Funk
Air Pollution Control District1.
Council Member Dariz
2. League of California Cities Revenue and Taxation Policy Committee
Integrated Waste Management Authority (IWMA)1.
Council Member Bourbeau
1. SLO Council of Governments (SLOCOG)
Mayor Moreno
last Council meeting:
The following Council Members gave brief update reports on their committees since their
COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:D.
MANAGEMENT REPORTS: None.C.
Motion passed 5:0 by a roll-call vote.
ENERGY’S COMMUNITY CHOICE AGGREGATION PROGRAM
PROGRAM BY PARTICIPATION IN CENTRAL COAST COMMUNITY
IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATIONS
OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE
AN ORDINANCE OF THE CITY COUNCIL
Deputy City Manager/City Clerk Christensen read the title of the Ordinance:
3CE.
execute the Joint Powers Authority Agreement as amended with
Joint Powers Authority and authorizing the City Manager to
Adopting a Draft Resolution requesting membership in 3CE’s 2.
participation in 3CE’s community choice aggregation program.
aggregation program in the City of Atascadero through
authorizing the implementation of a community choice
Introducing for first reading, by title only, a Draft Ordinance 1.
Bourbeau to:
MOTION: By Council Member Funk and seconded by Council Member
Mayor Moreno closed the Public Comment period.
Cook, Alisa Becerra, Sherry Martinez, Rey Weymann and Dave Walters.
Riley, Deborah McKrell, Alfred Vossler, Carol De Lisle, Brenda May, Lee Perkins, Daniel
Page 14 of 116
ITEM NUMBER: A-1
DATE: 02/22/21
Atascadero City Council
February 8, 2022
Page 5 of 5
F. RECESS REGULAR MEETING TO CLOSED SESSION
Mayor Moreno recessed the Regular Meeting at 9:56 p.m. and called the Closed Session
Meeting to order at 10:00 p.m.
COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT – None.
2. COUNCIL LEAVES TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. Conference with Real Property Negotiators (Govt. Code 54956.8)
Real Property: 6009 Del Rio Road (APN 049141038 – City Property), 2000
Ramona Road (APN 049141039 – City Property), 2455 El Camino Real
(APN 049151056 – People Self Help Housing Property), 6105 Olmeda
Avenue (APN 029091001 – State of California Property), Atascadero,
California, 93422
Agency Negotiator: Rachelle Rickard, City Manager
Negotiating Parties: People Self Help Housing and State of California
Subject of Negotiations: Purchase price and/or terms of payment
4. CLOSED SESSION – ADJOURNMENT
G. ADJOURN
Following Closed Session, the meeting was adjourned at 9:08 pm; no reportable action.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 15 of 116
•irHc^.^IB78IMSNsiios-Atascadero City CouncilStaff Report- Administrative Services DepartmentJanuary 2022 Accounts Payable and PayrollRECOMMENDATION:Council approve certified City accounts payable, payroll and payroll vendor checks forJanuary 2022.DISCUSSION:Attached for City Council review and approval are the following:PayrollDatedDated1/6/221/20/22Accounts PayableDated 1/1/22-1/31/22Checks # 35333 - 35347Direct DepositsChecks #35348 -35356Direct DepositsChecks #169788-170061& EFTs 4275 - 4302TOTAL AMOUNT$ 11,347.95313,716.439,427.94351,248.262,006,184.75$ 2,691,925.33FISCAL IMPACT:Total expenditures for all funds is$ 2,691,925.33CERTIFICATION:The undersigned certifies that the attached demands have been released forpayment and that funds are available for these demands.^.a^^O ^Jj^ri Fjiangel^ire^tor of Administrative ServicesATTACHMENT:January 2022 Eden Warrant Register in the amount of$ 2,006,184.75ITEM NUMBER: A-2DATE: 02/22/22Page 16 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169788 01/03/2022 WEX BANK - 76 UNIVERSL 12,600.75Accounts Payable Check
169789 01/03/2022 WEX BANK - WEX FLEET UNIVERSAL 7,823.46Accounts Payable Check
4275 01/06/2022 ANTHEM BLUE CROSS HSA 9,395.29Payroll Vendor Payment
169790 01/06/2022 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment
169791 01/06/2022 ATASCADERO POLICE OFFICERS 1,683.25Payroll Vendor Payment
169792 01/06/2022 ATASCADERO PROF. FIREFIGHTERS 1,096.80Payroll Vendor Payment
169793 01/06/2022 MASS MUTUAL WORKPLACE SOLUTION 6,746.96Payroll Vendor Payment
169794 01/06/2022 NATIONWIDE RETIREMENT SOLUTION 510.54Payroll Vendor Payment
169795 01/06/2022 NAVIA BENEFIT SOLUTIONS 1,674.10Payroll Vendor Payment
169796 01/06/2022 SEIU LOCAL 620 811.28Payroll Vendor Payment
169797 01/06/2022 VANTAGEPOINT TRNSFR AGT 106099 416.88Payroll Vendor Payment
169798 01/06/2022 VANTAGEPOINT TRNSFR AGT 304633 6,781.23Payroll Vendor Payment
169799 01/06/2022 VANTAGEPOINT TRNSFR AGT 706276 385.00Payroll Vendor Payment
4276 01/07/2022 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4277 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,018.56Payroll Vendor Payment
4278 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 33,284.13Payroll Vendor Payment
4279 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,098.54Payroll Vendor Payment
4280 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,650.48Payroll Vendor Payment
4281 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 5,651.33Payroll Vendor Payment
4282 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,117.86Payroll Vendor Payment
4283 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,547.77Payroll Vendor Payment
4284 01/07/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 13,997.49Payroll Vendor Payment
169800 01/07/2022 ANTHEM BLUE CROSS HEALTH 204,939.66Payroll Vendor Payment
169801 01/07/2022 LINCOLN NATIONAL LIFE INS CO 2,008.57Payroll Vendor Payment
169802 01/07/2022 MEDICAL EYE SERVICES 1,733.37Payroll Vendor Payment
169803 01/07/2022 PREFERRED BENEFITS INSURANCE 9,196.90Payroll Vendor Payment
4285 01/11/2022 RABOBANK, N.A. 56,543.04Payroll Vendor Payment
4286 01/11/2022 EMPLOYMENT DEV DEPARTMENT 17,812.25Payroll Vendor Payment
4287 01/11/2022 EMPLOYMENT DEV. DEPARTMENT 2,828.42Payroll Vendor Payment
169804 01/14/2022 13 STARS MEDIA 708.91Accounts Payable Check
169805 01/14/2022 2 MEXICANS, LLC 3,525.00Accounts Payable Check
169806 01/14/2022 A SUPERIOR CRANE, LLC 540.00Accounts Payable Check
169807 01/14/2022 ADAMSKI,MOROSKI,MADDEN, 937.50Accounts Payable Check
169808 01/14/2022 ALL ABOUT EVENTS, INC. 2,362.70Accounts Payable Check
169809 01/14/2022 ALLIANT INSURANCE SERVICES INC 182.00Accounts Payable Check
169810 01/14/2022 ALLSTAR FIRE EQUIPMENT, INC. 2,806.84Accounts Payable Check
169811 01/14/2022 ALTA LANGUAGE SERVICES, INC. 55.00Accounts Payable Check
169812 01/14/2022 ASSC. OF ZOOS & AQUARIUMS 4,711.00Accounts Payable Check
169813 01/14/2022 AT&T 561.06Accounts Payable Check
169814 01/14/2022 AT&T 33.68Accounts Payable Check
169815 01/14/2022 ATASCADERO HAY & FEED 1,824.29Accounts Payable Check
169817 01/14/2022 ATASCADERO MUTUAL WATER CO. 7,601.28Accounts Payable Check
169818 01/14/2022 ATASCADERO PICKLEBALL CLUB,INC 70.50Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 17 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169819 01/14/2022 AVILA TRAFFIC SAFETY 221.74Accounts Payable Check
169820 01/14/2022 TERRIE BANISH 164.76Accounts Payable Check
169821 01/14/2022 BASSETT'S CRICKET RANCH,INC. 655.03Accounts Payable Check
169822 01/14/2022 BAY AREA DRIVING SCHOOL, INC. 55.99Accounts Payable Check
169823 01/14/2022 KEITH R. BERGHER 213.75Accounts Payable Check
169824 01/14/2022 BERRY MAN, INC. 840.90Accounts Payable Check
169825 01/14/2022 BRANCH SMITH PROPERTIES 362.00Accounts Payable Check
169826 01/14/2022 BREZDEN PEST CONTROL, INC. 65.00Accounts Payable Check
169827 01/14/2022 BURKE,WILLIAMS, & SORENSON LLP 37,228.57Accounts Payable Check
169828 01/14/2022 CALPORTLAND COMPANY 723.96Accounts Payable Check
169829 01/14/2022 CARQUEST OF ATASCADERO 216.34Accounts Payable Check
169830 01/14/2022 CASH 200.00Accounts Payable Check
169831 01/14/2022 CHARTER COMMUNICATIONS 4,426.42Accounts Payable Check
169832 01/14/2022 CLEARS, INC. 50.00Accounts Payable Check
169833 01/14/2022 CLEVER CONCEPTS, INC. 47.95Accounts Payable Check
169834 01/14/2022 CO OF SAN LUIS OBISPO SART PRG 1,956.00Accounts Payable Check
169835 01/14/2022 COASTAL COPY, INC. 154.06Accounts Payable Check
169836 01/14/2022 COBAN TECHNOLOGIES, INC. 7,564.16Accounts Payable Check
169837 01/14/2022 NICHOLAS DEBAR 300.00Accounts Payable Check
169838 01/14/2022 DESTINATION TRAVEL NETWORK 75.00Accounts Payable Check
169839 01/14/2022 MEREDITH L. DOERR 54.00Accounts Payable Check
169840 01/14/2022 PHILIP DUNSMORE 300.00Accounts Payable Check
169841 01/14/2022 EARTH SYSTEMS PACIFIC 4,600.00Accounts Payable Check
169842 01/14/2022 EMI SPORTWEAR 360.70Accounts Payable Check
169843 01/14/2022 ESCUELA DEL RIO 420.00Accounts Payable Check
169844 01/14/2022 FENCE FACTORY ATASCADERO 192.05Accounts Payable Check
169845 01/14/2022 FERRELL'S AUTO REPAIR 455.78Accounts Payable Check
169846 01/14/2022 FGL ENVIRONMENTAL 276.00Accounts Payable Check
169847 01/14/2022 FIESTA MAHAR MANUFACTURNG CORP 762.60Accounts Payable Check
169848 01/14/2022 FRESNO CITY COLLEGE 962.00Accounts Payable Check
169849 01/14/2022 KATHLEEN GROGAN 1,275.00Accounts Payable Check
169850 01/14/2022 JEREL HALEY 1,600.00Accounts Payable Check
169851 01/14/2022 HART IMPRESSIONS PRINTING 38.06Accounts Payable Check
169852 01/14/2022 HINDERLITER, DE LLAMAS 1,504.84Accounts Payable Check
169854 01/14/2022 HOME DEPOT CREDIT SERVICES 3,967.20Accounts Payable Check
169855 01/14/2022 INGLIS PET HOTEL 543.50Accounts Payable Check
169856 01/14/2022 INTERSTELLAR COMMUNICATIONS, I 705.79Accounts Payable Check
169857 01/14/2022 K & M INTERNATIONAL 2,796.53Accounts Payable Check
169858 01/14/2022 STEVEN KAHN 207.18Accounts Payable Check
169859 01/14/2022 L.A. CO SHERIFF'S DEPARTMENT 485.00Accounts Payable Check
169860 01/14/2022 LEE WILSON ELECTRIC CO. INC 1,816.79Accounts Payable Check
169861 01/14/2022 LIFE ASSIST, INC. 3,308.96Accounts Payable Check
169862 01/14/2022 MADRONE LANDSCAPES, INC. 401.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 18 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169863 01/14/2022 MEDINA LIGHT SHOW DESIGNS 2,650.00Accounts Payable Check
169864 01/14/2022 MEDINA LIGHT SHOW DESIGNS 1,200.00Accounts Payable Check
169865 01/14/2022 MICHAEL K. NUNLEY & ASSC, INC. 39,577.38Accounts Payable Check
169866 01/14/2022 MID-COAST GEOTECHNICAL, INC. 2,090.00Accounts Payable Check
169867 01/14/2022 MINER'S ACE HARDWARE 586.28Accounts Payable Check
169868 01/14/2022 MISSION UNIFORM SERVICE 332.04Accounts Payable Check
169869 01/14/2022 MORRO BAY BUG COMPANY 1,192.31Accounts Payable Check
169870 01/14/2022 MV TRANSPORTATION, INC. 18,014.86Accounts Payable Check
169871 01/14/2022 KELLYE R. NETZ 230.00Accounts Payable Check
169872 01/14/2022 DANIELLE NUNES-HAKANSON 27.44Accounts Payable Check
169873 01/14/2022 OFFICE DEPOT INC. 402.73Accounts Payable Check
169876 01/14/2022 PACIFIC GAS AND ELECTRIC 51,947.80Accounts Payable Check
169877 01/14/2022 PERRY'S PARCEL & GIFT 500.00Accounts Payable Check
169878 01/14/2022 PYRO SPECTACULARS, INC. 5,000.00Accounts Payable Check
169879 01/14/2022 RADOVICH MEDIATION GROUP, LLC 1,200.00Accounts Payable Check
169880 01/14/2022 RAINSCAPE, A LANDSCAPE SVC CO. 7,242.00Accounts Payable Check
169881 01/14/2022 JERI RANGEL 300.00Accounts Payable Check
169882 01/14/2022 READYREFRESH BY NESTLE 76.10Accounts Payable Check
169883 01/14/2022 RACHELLE RICKARD 300.00Accounts Payable Check
169884 01/14/2022 MARCELES RODRIGUEZ 689.60Accounts Payable Check
169885 01/14/2022 SHORELINE AWNING & PATIO, INC. 16,024.00Accounts Payable Check
169886 01/14/2022 SPEAKWRITE, LLC. 505.53Accounts Payable Check
169887 01/14/2022 CONNER M. SPEARS 2,520.00Accounts Payable Check
169888 01/14/2022 STANLEY CONVERGENT SECURITY 1,042.98Accounts Payable Check
169889 01/14/2022 STATE WATER RES CONTROL BOARD 1,452.00Accounts Payable Check
169890 01/14/2022 SUNLIGHT JANITORIAL, INC. 1,700.00Accounts Payable Check
169891 01/14/2022 KARL O. TOERGE 28.50Accounts Payable Check
169892 01/14/2022 TYLER TECHNOLOGIES, INC. 19,924.57Accounts Payable Check
169897 01/14/2022 U.S. BANK 34,151.66Accounts Payable Check
169898 01/14/2022 U.S. POSTAL SERVICE 3,000.00Accounts Payable Check
169899 01/14/2022 ULTREX LEASING 263.18Accounts Payable Check
169900 01/14/2022 VERDIN 17,497.41Accounts Payable Check
169901 01/14/2022 VERIZON WIRELESS 3,042.96Accounts Payable Check
169902 01/14/2022 VINO VICE, INC. 583.00Accounts Payable Check
169903 01/14/2022 WARM FUZZY TOYS 388.32Accounts Payable Check
169904 01/14/2022 WCJ PROPERTY SERVICES 1,165.50Accounts Payable Check
169905 01/14/2022 WEBB MUNICIPAL FINANCE, LLC 4,500.00Accounts Payable Check
169906 01/14/2022 WHITLOCK & WEINBERGER TRANS. 1,338.75Accounts Payable Check
169907 01/14/2022 ANNE G. WILSON 618.75Accounts Payable Check
169908 01/14/2022 WOOLERY, JONATHAN 841.00Accounts Payable Check
169909 01/14/2022 KAREN B. WYKE 543.60Accounts Payable Check
169910 01/14/2022 YOUTH EVOLUTION SOCCER 427.20Accounts Payable Check
4290 01/20/2022 ANTHEM BLUE CROSS HSA 15,215.29Payroll Vendor Payment
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 19 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169911 01/20/2022 ATASCADERO MID MGRS ORG UNION 60.00Payroll Vendor Payment
169912 01/20/2022 ATASCADERO POLICE OFFICERS 1,845.75Payroll Vendor Payment
169913 01/20/2022 ATASCADERO PROF. FIREFIGHTERS 1,096.80Payroll Vendor Payment
169914 01/20/2022 MASS MUTUAL WORKPLACE SOLUTION 15,117.70Payroll Vendor Payment
169915 01/20/2022 NATIONWIDE RETIREMENT SOLUTION 603.28Payroll Vendor Payment
169916 01/20/2022 NAVIA BENEFIT SOLUTIONS 1,674.10Payroll Vendor Payment
169917 01/20/2022 SEIU LOCAL 620 812.79Payroll Vendor Payment
169918 01/20/2022 VANTAGEPOINT TRNSFR AGT 106099 416.88Payroll Vendor Payment
169919 01/20/2022 VANTAGEPOINT TRNSFR AGT 304633 6,949.05Payroll Vendor Payment
169920 01/20/2022 VANTAGEPOINT TRNSFR AGT 706276 385.00Payroll Vendor Payment
4291 01/21/2022 STATE DISBURSEMENT UNIT 467.07Payroll Vendor Payment
4292 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 22,734.18Payroll Vendor Payment
4293 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 40,236.40Payroll Vendor Payment
4294 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,237.56Payroll Vendor Payment
4295 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 2,650.48Payroll Vendor Payment
4296 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 9,359.11Payroll Vendor Payment
4297 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 8,270.04Payroll Vendor Payment
4298 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 17,013.18Payroll Vendor Payment
4299 01/24/2022 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEM 16,732.20Payroll Vendor Payment
4300 01/25/2022 RABOBANK, N.A. 69,681.88Payroll Vendor Payment
4301 01/25/2022 EMPLOYMENT DEV DEPARTMENT 23,065.31Payroll Vendor Payment
4302 01/25/2022 EMPLOYMENT DEV. DEPARTMENT 3,732.32Payroll Vendor Payment
169921 01/28/2022 13 STARS MEDIA 297.50Accounts Payable Check
169922 01/28/2022 A SUPERIOR CRANE, LLC 540.00Accounts Payable Check
169923 01/28/2022 ADAMSKI,MOROSKI,MADDEN, 1,364.00Accounts Payable Check
169924 01/28/2022 ADDICTION MEDICINE CONSULTANTS 420.00Accounts Payable Check
169925 01/28/2022 AGM CALIFORNIA, INC. 2,030.00Accounts Payable Check
169926 01/28/2022 AGP VIDEO, INC. 4,002.50Accounts Payable Check
169927 01/28/2022 ALL ABOUT EVENTS, INC. 200.00Accounts Payable Check
169928 01/28/2022 ALL SIGNS AND GRAPHICS, INC. 40.00Accounts Payable Check
169929 01/28/2022 ALLIANT INSURANCE SERVICES INC 148.00Accounts Payable Check
169930 01/28/2022 ALTHOUSE & MEADE, INC. 3,076.25Accounts Payable Check
169931 01/28/2022 AMERICAN WEST TIRE & AUTO INC 1,300.24Accounts Payable Check
169932 01/28/2022 ASSC. OF ZOOS & AQUARIUMS 100.00Accounts Payable Check
169934 01/28/2022 AT&T 825.30Accounts Payable Check
169935 01/28/2022 AT&T 1,087.65Accounts Payable Check
169936 01/28/2022 ATASCADERO CHAMBER OF COMMERCE 60,000.00Accounts Payable Check
169937 01/28/2022 ATASCADERO MUTUAL WATER CO. 1,629.38Accounts Payable Check
169938 01/28/2022 ATM ADVANTAGE PLUS 350.00Accounts Payable Check
169939 01/28/2022 AVILA TRAFFIC SAFETY 752.35Accounts Payable Check
169940 01/28/2022 BELL'S PLUMBING REPAIR, INC. 185.00Accounts Payable Check
169941 01/28/2022 JOSE R. BENITEZ 120.00Accounts Payable Check
169942 01/28/2022 TOM BIRKENFELD 240.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 20 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169943 01/28/2022 COOPER BONECK 180.00Accounts Payable Check
169944 01/28/2022 BRANCH SMITH PROPERTIES 362.00Accounts Payable Check
169945 01/28/2022 BURT INDUSTRIAL SUPPLY 698.88Accounts Payable Check
169946 01/28/2022 CA BUILDING STANDARDS COMM. 186.30Accounts Payable Check
169947 01/28/2022 CA DEPT OF TAX AND FEE ADMIN. 2,712.00Accounts Payable Check
169948 01/28/2022 CA DEPT OF TAX AND FEE ADMIN. 690.40Accounts Payable Check
169949 01/28/2022 CALPORTLAND COMPANY 990.84Accounts Payable Check
169950 01/28/2022 CARQUEST OF ATASCADERO 26.18Accounts Payable Check
169951 01/28/2022 CHARTER COMMUNICATIONS 124.98Accounts Payable Check
169952 01/28/2022 CITY OF ATASCADERO 517.00Accounts Payable Check
169953 01/28/2022 KAREN A. CLANIN 399.00Accounts Payable Check
169954 01/28/2022 COASTAL REPROGRAPHIC SERVICES 674.25Accounts Payable Check
169955 01/28/2022 THE COUNSELING TEAM INTERNATIONAL 1,593.00Accounts Payable Check
169956 01/28/2022 CRYSTAL CREAMERY, INC. 315.04Accounts Payable Check
169957 01/28/2022 CRYSTAL SPRINGS WATER 20.00Accounts Payable Check
169958 01/28/2022 DEEP BLUE INTEGRATION, INC. 405.00Accounts Payable Check
169959 01/28/2022 DELTA LIQUID ENERGY 1,369.68Accounts Payable Check
169960 01/28/2022 DEPARTMENT OF CONSERVATION 846.19Accounts Payable Check
169961 01/28/2022 DEPARTMENT OF JUSTICE 545.00Accounts Payable Check
169962 01/28/2022 DFM ASSOCIATES 65.25Accounts Payable Check
169963 01/28/2022 DIVISION OF STATE ARCHITECT 500.80Accounts Payable Check
169964 01/28/2022 DOOLEY ENTERPRISES INC 4,183.50Accounts Payable Check
169965 01/28/2022 EARTH SYSTEMS PACIFIC 805.00Accounts Payable Check
169966 01/28/2022 ECONOMIC & PLANNING SYSTEM INC 5,482.50Accounts Payable Check
169967 01/28/2022 FEDEX 14.73Accounts Payable Check
169968 01/28/2022 FERRELL'S AUTO REPAIR 587.70Accounts Payable Check
169969 01/28/2022 CODY FERRIS 240.00Accounts Payable Check
169970 01/28/2022 FGL ENVIRONMENTAL 120.00Accounts Payable Check
169971 01/28/2022 FILIPPIN ENGINEERING, INC. 48,050.43Accounts Payable Check
169972 01/28/2022 FRESNO POLICE DEPARTMENT 144.00Accounts Payable Check
169973 01/28/2022 GAS COMPANY 4,651.27Accounts Payable Check
169974 01/28/2022 ALEX GENTILLY 240.00Accounts Payable Check
169975 01/28/2022 KELLY GLEASON 55.10Accounts Payable Check
169976 01/28/2022 SCOTT GROOMER 240.00Accounts Payable Check
169977 01/28/2022 HAMNER, JEWELL & ASSOCIATES 3,258.80Accounts Payable Check
169978 01/28/2022 HART IMPRESSIONS PRINTING 254.97Accounts Payable Check
169979 01/28/2022 ANDREW HAWKINS 240.00Accounts Payable Check
169980 01/28/2022 HERC RENTALS, INC. 1,013.50Accounts Payable Check
169981 01/28/2022 BRETT HILDEBRAND 220.00Accounts Payable Check
169982 01/28/2022 INFORMATION TECHNOLOGY 1,567.02Accounts Payable Check
169983 01/28/2022 INTL ASSC. OF CHIEFS OF POLICE 190.00Accounts Payable Check
169984 01/28/2022 J. CARROLL CORPORATION 5,147.31Accounts Payable Check
169985 01/28/2022 ZACHARIAH JACKSON 240.00Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 21 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
169986 01/28/2022 JK'S UNLIMITED, INC. 340.00Accounts Payable Check
169987 01/28/2022 JOANN HEAD LAND SURVEYING 3,698.50Accounts Payable Check
169988 01/28/2022 JOE A. GONSALVES & SON 3,000.00Accounts Payable Check
169989 01/28/2022 KNECHT'S PLUMBING & HEATING 209.90Accounts Payable Check
169990 01/28/2022 KPRL 1230 AM 1,070.00Accounts Payable Check
169991 01/28/2022 LAYNE LABORATORIES, INC. 1,631.25Accounts Payable Check
169992 01/28/2022 COLETTE LAYTON 240.00Accounts Payable Check
169993 01/28/2022 LEAGUE OF CALIFORNIA CITIES 11,002.00Accounts Payable Check
169994 01/28/2022 LEAGUE OF CALIFORNIA CITIES 200.00Accounts Payable Check
169995 01/28/2022 LENOVO (UNITED STATES) INC. 1,608.06Accounts Payable Check
169996 01/28/2022 JACKSON LIGHT 240.00Accounts Payable Check
169997 01/28/2022 LINDE GAS & EQUIPMENT INC. 124.62Accounts Payable Check
169998 01/28/2022 THOMAS LITTLE 240.00Accounts Payable Check
169999 01/28/2022 ANDREW LUERA 240.00Accounts Payable Check
170000 01/28/2022 MATTHEW MADRIGAL 240.00Accounts Payable Check
170001 01/28/2022 MARBORG INDUSTRIES 62.28Accounts Payable Check
170002 01/28/2022 MID-COAST MOWER & SAW, INC. 175.44Accounts Payable Check
170003 01/28/2022 MIG 2,138.75Accounts Payable Check
170004 01/28/2022 MINER'S ACE HARDWARE 248.26Accounts Payable Check
170005 01/28/2022 MATTHEW J. MIRANDA 10.00Accounts Payable Check
170006 01/28/2022 MISSION UNIFORM SERVICE 711.28Accounts Payable Check
170007 01/28/2022 MNS ENGINEERS, INC. 2,303.34Accounts Payable Check
170008 01/28/2022 MOSS, LEVY, & HARTZHEIM LLP 7,000.00Accounts Payable Check
170009 01/28/2022 DAVE MUEHLHAUSEN 46.91Accounts Payable Check
170010 01/28/2022 KYLE NAKAZAWA 240.00Accounts Payable Check
170011 01/28/2022 PAUL NETZ 240.00Accounts Payable Check
170012 01/28/2022 NEW TIMES 833.00Accounts Payable Check
170013 01/28/2022 NIELSEN,MERKSAMER,PARRINELLO, 250.00Accounts Payable Check
170014 01/28/2022 NORTH COAST ENGINEERING INC. 715.00Accounts Payable Check
170015 01/28/2022 OASIS EQUIPMENT RENTAL 629.79Accounts Payable Check
170016 01/28/2022 OFFICE DEPOT INC. 709.67Accounts Payable Check
170017 01/28/2022 PACIFIC GAS AND ELECTRIC 136.00Accounts Payable Check
170018 01/28/2022 PAPICH CONSTRUCTION CO., INC. 148,954.08Accounts Payable Check
170019 01/28/2022 PC MECHANICAL, INC. 1,610.00Accounts Payable Check
170020 01/28/2022 DEAN PERICIC 240.00Accounts Payable Check
170021 01/28/2022 PERRY'S PARCEL & GIFT 313.17Accounts Payable Check
170022 01/28/2022 PETERSON U-CART 174.41Accounts Payable Check
170023 01/28/2022 PHILLIPS INTERNATIONAL, INC. 625.80Accounts Payable Check
170024 01/28/2022 PROCARE JANITORIAL SUPPLY,INC. 1,183.26Accounts Payable Check
170025 01/28/2022 PRW STEEL SUPPLY, INC. 1,692.31Accounts Payable Check
170026 01/28/2022 PVP COMMUNICATIONS, INC. 843.76Accounts Payable Check
170027 01/28/2022 QUINCY ENGINEERING, INC. 2,302.01Accounts Payable Check
170028 01/28/2022 RAINSCAPE, A LANDSCAPE SVC CO. 1,206.17Accounts Payable Check
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 22 of 116
Check
Number
Check
Date Vendor Description Amount
City of Atascadero
Disbursement Listing
For the Month of January 2022
170029 01/28/2022 RAMINHA CONSTRUCTION, INC. 7,993.47Accounts Payable Check
170030 01/28/2022 READYREFRESH BY NESTLE 835.96Accounts Payable Check
170031 01/28/2022 RECOGNITION WORKS 41.33Accounts Payable Check
170032 01/28/2022 BRANDON ROBERTS 240.00Accounts Payable Check
170033 01/28/2022 CHRISTOPHER R. ROBINSON 240.00Accounts Payable Check
170034 01/28/2022 ROLSON MUSIC & SOUND 2,225.00Accounts Payable Check
170035 01/28/2022 SAN LUIS POWERHOUSE, INC. 330.00Accounts Payable Check
170036 01/28/2022 SANTA YSABEL CONSTRUCTION 225.04Accounts Payable Check
170037 01/28/2022 SCOTT O'BRIEN FIRE & SAFETY CO 291.17Accounts Payable Check
170038 01/28/2022 SERVICE SYSTEMS ASSC, INC. 2,500.00Accounts Payable Check
170039 01/28/2022 SLO CO AUDITOR CONTROLLER 85.00Accounts Payable Check
170040 01/28/2022 SOUZA CONSTRUCTION, INC. 181,100.06Accounts Payable Check
170041 01/28/2022 SPECIALIZED EQUIPMENT REPAIR 2,815.87Accounts Payable Check
170042 01/28/2022 SPECIALTY CONSTRUCTION, INC. 275,857.20Accounts Payable Check
170043 01/28/2022 BRUCE ST. JOHN 27.00Accounts Payable Check
170044 01/28/2022 STATE WATER RES CONTROL BOARD 49,952.00Accounts Payable Check
170045 01/28/2022 KURT W. STONE 1,200.00Accounts Payable Check
170046 01/28/2022 SUNLIGHT JANITORIAL, INC. 961.00Accounts Payable Check
170047 01/28/2022 TARGET SOLUTIONS LEARNING, LLC 93.36Accounts Payable Check
170048 01/28/2022 TESCO CONTROLS, INC. 8,160.00Accounts Payable Check
170049 01/28/2022 THOMSON REUTERS - WEST 175.10Accounts Payable Check
170050 01/28/2022 U.S. POSTMASTER 2,656.88Accounts Payable Check
170051 01/28/2022 ULTREX BUSINESS PRODUCTS 59.74Accounts Payable Check
170052 01/28/2022 ULTREX LEASING 263.18Accounts Payable Check
170053 01/28/2022 UNITED RENTALS (NORTH AM), INC 9,352.52Accounts Payable Check
170054 01/28/2022 VERIZON WIRELESS 294.81Accounts Payable Check
170055 01/28/2022 VINO VICE, INC. 1,032.00Accounts Payable Check
170056 01/28/2022 VITAL RECORDS CONTROL 184.09Accounts Payable Check
170057 01/28/2022 WALLACE GROUP 1,528.50Accounts Payable Check
170058 01/28/2022 WATER SYSTEMS CONSULTING, INC. 7,815.00Accounts Payable Check
170059 01/28/2022 WEST COAST AUTO & TOWING, INC. 90.00Accounts Payable Check
170060 01/28/2022 WYSONG CONSTRUCTION CO. 21,615.00Accounts Payable Check
170061 01/31/2022 UNITED STATES TREASURY INTERNAL REVENUE SERVICE 560.49Payroll Vendor Payment
$2,006,184.75
ITEM NUMBER: A-2
DATE: 02/22/22
ATTACHMENT: 1
Page 23 of 116
ITEM NUMBER: A-3
DATE: 02/22/22
Atascadero City Council
Staff Report – City Manager’s Office
Community Choice Aggregation
RECOMMENDATION:
Council adopt, on second reading, by title only, a Draft Ordinance authorizing the
implementation of a community choice aggregation program in the City of Atascadero
through participation in 3CE’s community choice aggregation program.
DISCUSSION:
At the February 8, 2022 Council Meeting the City Council, on a 5:0 vote, adopted a
resolution requesting membership in 3CE’s Joint Powers Authority and introducing a Draft
Ordinance authorizing the implementation of a community choice aggregation program in
the City through participation in 3CE’s community choice aggregation program. This is a
second reading of the proposed Ordinance and is required to formalize implementation of
the 3CE community choice aggregation program in Atascadero.
Community Choice Aggregation (CCA) is a program that enables city and county
governments to pool (or aggregate) the electricity demand of their communities together
for the purpose of supplying electricity. While CCAs are locally operated, they work in
partnership with the region’s existing investor owned utility. In Atascadero, the existing
investor owned utility is PG&E. A CCA determines the source of and buys electricity on
behalf of residential, commercial, agricultural, and municipal electricity users in its
jurisdiction; however, PG&E will continue delivering the energy, maintaining the grid, and
providing billing services.
3CE is a public agency that sources competitively priced electricity from clean and
renewable energy resources. Founded in 2017, 3CE’s community choice aggregation
program serves more than 500,000 customers, in 33 communities throughout the Central
Coast, including agricultural, commercial and residential customers in communities
located within Monterey, San Benito, San Luis Obispo, Santa Barbara and Santa Cruz
counties. To better serve customers, 3CE maintains offices in both Monterey and San
Luis Obispo and has 38 full-time employees.
Following adoption of the Ordinance, documents will be forwarded to 3CE who will
present it to their Policy Board for consideration in September 2022. Upon approval of
Atascadero’s membership in 3CE, staff will work with representatives from Paso Robles
on a Memorandum of Understanding for the shared board seat. A Revised
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ITEM NUMBER: A-3
DATE: 02/22/22
Implementation Plan will be reviewed and approved by 3CE’s Policy Board in November
2022 and submitted to the CPUC no later than December 31, 2022. Service preparation
is expected to occur between August and October 2023, with pre -enrollment beginning
November 2023, and service starting in January 2024.
Atascadero customers will be automatically enrolled in 3CE’s program in January 2024
and can opt-out during the enrollment period (60 days before enrollment and 60 days
after enrollment) at no cost. Service opt-out after the enrollment period may have costs
associated. Customers will receive a total of four mailers regarding enrollment in and opt-
out of 3CE beginning in November 2023. Two mailers are sent before service begins in
January 2024 and two mailers are received after the start of service. Additionally, 3CE
has indicated that they will provide extensive customer outreach durin g this period
including having customer service agents available to answer questions and provide rate
comparison based on a customer’s actual bill, a rate comparison tool on the 3CE website,
content shared on social media platforms and webinars for those wanting to learn more
about 3CE.
Joining 3CE does not eliminate the role of PG&E in delivering power and ensuring reliability
and such things as safety shutoffs and unscheduled utility outages will remain the same.
From a customer perspective, all billing and payments to PG&E will also remain the same.
3CE would assume the role of electric generation supplier and replaces the electricity
supply charges from PG&E. Customers will see a new line item on the front page of their
bill for “3CE Electric Generation Charges.” Customers will also see a “Generation Credit”
on PG&E’s electric delivery page which credits customers back for the cost of electricity
from PG&E. There will be a new page for 3CE Electric Generation Charges which are
replacement charges, not duplicative or additional charges. Customers can contact 3CE’s
call center to discuss all aspects of their bill as well as learn about electrification programs.
Customers may also call PG&E to discuss their bill.
FISCAL IMPACT:
There is a $6,000 fee for the administrative filing. Any potential rate savings provided by
3CE would apply to the City as well as residential and commercial customers. Actual
cost savings are unknown at this time.
ATTACHMENT:
Draft Ordinance
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ITEM NUMBER: A-3
DATE:
ATTACHMENT:
02/22/22
1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING
THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM BY PARTICIPATING IN CENTRAL
COAST COMMUNITY ENERGY'S COMMUNITY CHOICE
AGGREGATION PROGRAM
WHEREAS, the City Council has previously directed staff to investigate the feasibility
and formation of a Community Choice Aggregation (CCA) program under the provisions of
the Public Utilities Code section 366.2 in order to provide electric service to customers within
the City of Atascadero with the intent of achieving reduced greenhouse gas emissions, local
renewable power development, competitive electric rates and the implementation of energy
conservation and other energy programs; and
WHEREAS, Central Coast Community Energy (3CE) is an established CCA program
capable of providing the desired financial and environmental benefits; and
WHEREAS, 3CE will enter into agreements with electric power suppliers and other
service providers and, based upon those agreements, 3CE will be able to provide power to
residents and businesses at rates that are competitive with those of the incumbent utility
("PG&E"). Once the California Public Utilities Commission certifies the amended
Implementation Plan adopted by 3CE, 3CE will be able to provide service to customers within
the City; and
WHEREAS, under Public Utilities Code section 366.2, customers have the right to
opt- out of a CCA program and continue to receive service from the incumbent utility.
Customers who wish to receive service from the incumbent utility will be able to do so; and
WHEREAS, on June 25, 2019, July 9, 2019, March 9, 2021, and February 22, 2022,
the City Council held public meetings on the manner in which the City will participate in a
CCA program at which time interested persons had an opportunity to testify either in support
of or opposition to the implementation of a CCA program serving the City through 3CE; and
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a "project"
as it has no potential to result in a direct or reasonably foreseeable indirect physical change to
the environment. (14 Cal. Code Regs.§ 15378(a)). Further, the ordinance is exempt from
CEQA as there is no possibility that the ordinance or its implementation would have a
significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)). The ordinance is
also categorically exempt because it is an action taken by a regulatory agency to assume the
maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs.
§ 15308).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
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ITEM NUMBER: A-3
DATE:
ATTACHMENT:
02/22/22
1
SECTION 1. Recitals. The above recitals are true and correct and material to this
Ordinance.
SECTION 2. Authorization. Based upon the forgoing, and in order to provide businesses
and residents within the City with a choice of power providers and with the benefits described
above, the City Council hereby elects to implement a community choice aggregation program
within the jurisdiction of the City by participating as a group in the Community Choice
Aggregation Program of 3CE, as generally described in its Joint Powers Agreement.
SECTION 3. CEQA. The action is exempt from the California Environmental Quality
Act (CEQA), because it is not a "project" as it has no potential to result in a direct or reasonably
foreseeable indirect physical change to the environment. (CEQA Guidelines §15378(a)). Further,
it can be seen with certainty that there is no possibility that the enactment of this Ordinance would
have a significant effect on the environment (Pub. Resources Code §21065; CEQA Guidelines
§§5378(b)(4), 15061(b)(3)). The ordinance is also categorically exempt because it is an action
taken by a regulatory agency to assume the maintenance, restoration, enhancement or protection
of the environment. (CEQA Guidelines §15308).
SECTION 4. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 5. Notice. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make
a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after
the passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 6. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on February 8, 2022, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on _____________, 2022.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 27 of 116
ITEM NUMBER: B-1
DATE: 02/22/22
Atascadero City Council
Staff Report - Community Development Department
Ratification of Approval of Hazardous Tree Removal
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution ratifying staff’s approval of the removal of one, 55-inch
DBH, hazardous Heritage Coast Live Oak previously located at 5955 East Mall,
subject to conditions of approval and mitigation, including replanting on site; and
2. Authorize the Director of Administrative Services to use Tree Plant Funds to
reimburse the property owner up for select costs incurred towards the stump
removal and replanting of one Coast Live Oak in accordance with Condition #6.
REPORT-IN-BRIEF:
An application has been submitted by the property owner to retroactively request the City
Council approval for the removal of one 55-inch diameter at breast height (DBH) Coast
Live Oak, which was located on the property frontage of Century 21 and Malibu Brew
Coffee across from the Sunken Gardens. The tree was originally planted as part of the
historic Atascadero Civic Center, and in the update of the Native Tree Ordinance in
February 2018, the tree was one of multiple trees around the park declared as a heritage
tree due to its significance. Recently, the tree had been subject to disease and was
declared dead by a certified arborist. The consulting arborist identified the condition of the
tree by labeling it with a hazard rating of 12 out of 12 possible points indicating a severe
danger. The arborist recommended removal and replanting. Following the death of the
tree and potential for limb failure, staff approved emergency removal of the tree to
eliminate safety hazards to pedestrians, public improvements, and c ars along East Mall.
Because this tree is a listed heritage tree, City Council approval for removal and
determination of appropriate mitigation is required.
DISCUSSION:
Background
The subject tree was a 55-inch DBH Coast Live Oak located along the property frontage
of Century 21 and Malibu Brew on East Mall. The tree was located in front of the parking
lot for this building and within a landscape planter on private property. According to the
consulting arborist, Steve Alvarez from A&T Arborists, the tree was completely dead when
Page 28 of 116
ITEM NUMBER: B-1
DATE: 02/22/22
observed on October 20, 2021, and it was a matter of time as to when it would fail and
potentially damage cars and public improvements or injure pedestrians. The risk
assessment provided with the Tree Hazard Evaluation Form (Attachment 5) listed the tree
as being of maximum hazard, or 12 out of 12 possible points indicating great severity.
Since the tree was dead, there were no other alternatives besides removal to avoid
potential and inevitable hazards.
Analysis
City staff consulted with the project arborist to approve the removal of the 55-inch DBH
Coast Live Oak tree. Removal of this large dead tree was beneficial due to the severe
hazard risk, and high potential for targets, which include pedestrians, property
improvements and vehicles in the immediate area.
The tree lined streets around the Sunken Gardens are a unique character defining feature
for the City. The large Coast Live Oak trees located on the property frontages of West
Mall and East Mall were originally planted approximately 100 years ago during
construction of the City Hall Administration building.
Page 29 of 116
ITEM NUMBER: B-1
DATE: 02/22/22
The Native Tree Ordinance labels these trees, including the removed tree, as “Heritage
Trees”, which are defined as any native or non-native tree recognized by the City Council
for its age, size, location, historical, and/or cultural significance. Heritage Trees are
subject to the same protections as native trees and proposals for their removal must be
approved by the City Council.
It is the responsibility of the property owner to maintain native trees and, if needed,
process removal of the tree. Mitigation and/or installation of required replanting(s) are the
responsibility of the property owner.
The Atascadero Municipal Code requires mitigation for all trees approved for removal.
The Tree Ordinance allows for either replanting of new native trees, payment of mitigation
fees to the tree fund, or a combination of both. Mitigation is to be assigned on a case by
case basis. Given the prominent location and historical significance of the removal, staff
recommends that the applicant mitigate by replanting a new tree in the same location.
Given the age of the existing trees around the Sunken Gardens, staff expects that over
the next few decades we will continue to see failures and decline of the other 100 -year-
old Heritage Trees on these streets. In order to maintain the historic character and
ambiance that defines the City core, staff is recommending replacement of these trees
one at a time. By staggering the removals and giving the new trees time to grow, we can
slowly replace the Coast Live Oaks around the Sunken Gardens and blend the new
generation of trees in with the old established trees.
Based on the native tree replacement standards, removal of a 55 -inch DBH evergreen
native tree would require mitigation of either eighteen (18) new 5 -gallon oak trees planted
on site, or payment of $916.67 to the tree fund. The tree ordinance allows multi -family
and commercial projects to plant larger size specimens to reduce the quantity of
replacements required. Given the limited planting area available on site, there will be an
additional cost to the property owner to grind out the stump of the existing tree and
prepare the site for replanting. Therefore, for this unique situation, staff is recommending
one (1) 36-inch box Coast Live Oak be planted on the West Mall property frontage in the
Page 30 of 116
ITEM NUMBER: B-1
DATE: 02/22/22
area of the removed tree to fulfil mitigation requirements. Staff is also recommending a
minimum height of 10-feet and minimum DBH of 4-inches at the time of planting. A 36-
inch box tree is young enough to adapt to the new environment when replanted and will
be large enough to look like a tree for appearance purposes in this high traffic area.
Irrigation to the new tree, as well as supplemental native shrubs that will help the oak tree
thrive, are conditioned to be installed in the existing planter to complete the landscape on
the property frontage.
Since the cost of the removing the existing stump and replanting the new tree is likely to
exceed the amount of the required mitigation, staff is recommending that the City utilize
funds from the Native tree fund to assist in the tree replacement cost. Such assistance
can supplement the property owner’s responsibility for mitigation. Estimated costs to
remove the stump and replant the new tree were not available at the time of staff report
printing but are assumed to be close to $4,000. Staff is suggesting a maximum of $3,500
be reimbursed to the property owner upon completion of stump removal and tree
replanting work, if the tree planting is done in compliance with proposed project
conditions.
Given the visual importance and historic character of the Coast Live Oak trees which line
West Mall and East Mall, staff believes that mitigating through strategic replanting efforts
is crucial for proper mitigation of the removed tree.
In considering any tree removal request, at least one of the required findings must be
made. Staff has identified the following finding as appropriate for the application request.
The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist.
Conclusion
The consulting certified arborist evaluated the subject 55 -inch DBH Coast Live Oak and
determined it had died and was a severe h azard risk. The emergency removal of this
Heritage Tree was in the best interest of public safety and to limit risks. Since the tree
was deemed an emergency removal, there was no permit required but the removal is still
subject to mitigation, which staff is recommending as replanting one (1) 36-inch box size
tree in place of the removed tree.
FISCAL IMPACT:
Costs to the City to assist with the replanting of a rep lacement native oak tree will be a
maximum of $3,500.
ALTERNATIVES:
1. The Council may approve the project with additional or revised project conditions.
2. The Council may continue the hearing and refer the item back to staff for additional
information or analysis. Direction should be given to staff and the applicant on
required information.
Page 31 of 116
ITEM NUMBER: B-1
DATE: 02/22/22
ATTACHMENTS:
1. Draft Resolution
2. Location Map
3. Aerial Photo
4. Photo of Tree Pre-Removal
5. Tree Hazard Evaluation Form
Page 32 of 116
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/22/22
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
RATIFYING STAFF’S APPROVAL OF THE REMOVAL OF ONE
55-INCH DBH HAZARDOUS HERITAGE COAST LIVE OAK
PREVIOUSLY LOCATED AT 5955 EAST MALL
WHEREAS, an application was received from Mike Sherer, (Applicant and Owner) 5955
East Mall, Atascadero, CA 93422, to approve the removal of one hazardous Heritage Coast Live
Oak totaling 55-inches diameter at breast height (DBH); and
WHEREAS, the site’s current General Plan Land Use Designation is Downtown (D); and
WHEREAS, the site’s current Zoning Designation is Downtown Commercial (DC); and
WHEREAS, Atascadero Municipal Code 9-11.105 exempts emergency tree removals
from requiring a tree removal permit and this tree was deemed an immediate hazard by a certified
arborist; and
WHEREAS, the City Council is required to make decisions regarding all tree removal
application requests involving designated heritage trees and therefore, the applicant is subject to
required mitigation; and
WHEREAS, the subject tree was a 55-inch DBH Coast Live Oak which was planted as
part of the design and original construction of the historic Atascadero Civic Center during
establishment of the Atascadero Colony, and has helped to create a tree lined streetscape on West
Mall and East Mall which is a unique character defining feature of the City’s core; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public
Hearing held on February 22, 2022, considered the proposed tree removal mitigation.
SECTION 3. CEQA. The proposed project is Categorically Exempt (Class 4) from the
provisions of the California Environmental Quality Act (California Public Resources Code §§
21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§
15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15304, for minor alterations to land.
Page 33 of 116
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/22/22
1
SECTION 4. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to ratifying the approval of the hazardous Heritage
Coast Live Oak tree removal at 5955 East Mall.
A. Findings for Approval of Heritage Tree Removal
FINDING: The tree is dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an Arborist.
FACT: An arborist report completed by Steve Alvarez of A&T Arborists, states that
the tree is dead and rated at the highest hazard risk of twelve out of twelve.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on February 22, 2022, resolved to ratify staff’s approval of the removal of one
hazardous Heritage Coast Live Oak totaling 55 inches DBH previously located at 5955 East Mall,
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Replanting Detail
PASSED AND ADOPTED at a regular meeting of the City Council held on the ____th day of
__________, 2022.
On motion by Council Member ___________ and seconded by Council Member
_____________, the foregoing Resolution is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Page 34 of 116
ITEM NUMBER: B-1
DATE:
ATTACHMENT:
02/22/22
1A
Conditions of Approval
TRP21-0098
Century 21 Tree Removal; 5955 East Mall
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
1. The approval of this application shall become final, subject to the completion
of the conditions of approval, fourteen (14) days following the City Council
approval unless prior to the time, an appeal to the decision is filed as set
forth in Section 9-1.111(b) of the Zoning Ordinance.
Tree Removal PS
2. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees
against any claim or action brought to challenge an approval by the City, or
any of its entities, concerning the proposed project.
Ongoing PS
3. The applicant shall mitigate the tree removal by replanting on site. The
applicant shall replant one (1) new 36-inch box size Coast Live Oak that
is a minimum of 10-feet tall and has a minimum 4-in DBH along with
supportive native shrubs.
The existing stump shall be ground out to provide adequate area for
planting the new tree. To improve tree survival, planting shall be done
according to the planting detail in Exhibit B, and verified on site by the
consulting arborist.
Irrigation shall be provided to the new tree and native shrubs.
Tree Removal PS
4. The new tree replanted on site shall be monitored by site inspections by
the City during a four (4) year establishment period. The applicant shall
replant if the original replacement tree does not survive.
Ongoing PS
5. Additional landscape plantings, including native shrubs, ground cover and
mulch shall be installed in the planter area of the removed tree to
complete the frontage landscape and help the new oak tree thrive.
Supplemental plant location and species shall be approved by the project
arborist to ensure compatibility with the new Coast Live Oak tree.
Tree Removal PS
6. Applicant is eligible to apply to the City for reimbursement of select
expense as follows:
a. Applicant shall pay for and perform all work as outlined in these
conditions.
b. To apply for reimbursement of select expenses, applicant shall
submit request for reimbursement documentation including:
• A written request to be reimbursed including the name,
address and any required tax forms for the party to be
reimbursed
• The total expense incurred by the applicant for tree
stump grinding, the replacement tree, and planting of
the tree in accordance with these conditions; and
• Copies on invoices, receipts and/or other proof of
payment of the costs
c. All costs must be reasonable and customary for the work
performed
d. The City shall reimburse the applicant for actual and
documented amounts incurred by the owner over and above the
normal City tree mitigation fee for a 55” dbh Coast Live Oak.
e. In no instance will the City reimburse more than $3,500.00.
Tree Removal PS
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Page 41 of 116
ITEM NUMBER: C-1
DATE: 02/22/22
Atascadero City Council
Staff Report – City Manager’s Office
SB 1383 – New Solid Waste Requirements
RECOMMENDATIONS:
Council:
1. Introduce for first reading, by title only, a Draft Ordinance amending Title 6,
Chapter 4 (Solid Waste Collection) in its entirety in conformity with Assembly Bills
939, 341, 1826, and Senate Bill 1383.
2. Adopt a Draft Resolution authorizing the submittal, to CalRecycle, of a notification
of intent to comply with the requirements of Senate Bill 1383 and to secure
administrative civil penalty relief under the provisions of Senate Bill 619 .
DISCUSSION:
In September 2016, Governor Brown signed into law Senate Bill 1383 (SB 1383)
establishing methane reduction targets in a statewide effort to reduce emissions of short-
lived climate pollutants (SLCP). The State’s SLCP strategy includes managing the
presence of methane emissions caused by organic waste. Food scraps, green waste,
paper, and cardboard are organic materials that account for a significant portion of
California's overall waste stream. Since landfills are the third largest producer of methane,
increasing food waste prevention, encouraging edible food rescue, and expanding the
composting and in-vessel digestion of organic waste is expected to reduce methane from
landfill operations. SB 1383 establishes statewide targets to reduce the amount of organic
waste disposed of in landfills with a 50% reduction by 2020 and a 75% reduction by 2025,
based on 2014 levels. Additionally, SB 1383 requires 20% of disposed edible food to be
recovered and directed to people in need by 2025.
SB 1383 directs the Department of Resources Recycling & Recovery (CalRecyc le) to
adopt regulations and requirements to achieve state-wide goals. These regulations were
finalized by CalRecycle in November 2020 and became effective on January 1, 2022,
giving local jurisdictions just 14 months to comply with the requirements of the regulations.
SB 1383 is the most significant change to solid waste regulations in California in 30 years
and requires cities, counties, and special districts to implement organic waste diversion
programs to reduce emissions of methane gas. These program s must include providing
organic waste collection services to businesses and residences, edible food recovery,
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ITEM NUMBER: C-1
DATE: 02/22/22
public education and outreach, contamination monitoring and sampling activities,
recordkeeping and reporting, infrastructure capacity planning, procurement of recovered
organic waste products, and enforcement.
As part of SB 1383 compliance, the City is required to update the municipal code to align
with the legislative mandates of SB 1383. The attached Draft Ordinance was prepared
using a model document prepared by CalRecycle, with assistance from San Luis Obispo
County Integrated Waste Management Authority (IWMA). The proposed ordinance is
consistent with all other cities in San Luis Obispo County. CalRecycle expects all cities
to provide copies of their adopted ordinances by April 1, 2022. Some of the changes to
the Municipal Code include: an updated list of definitions, collection and processing
requirements for organics and recyclables, contamination monitoring provisions, facility
standards, approval of collection waivers, edible food generator and food recovery
organization compliance, and enforcement provisions.
SB 1383 mandates included in the ordinance are:
• Requiring all waste generators to source separate each waste stream – solid waste
in the black container, recyclable materials in the blue container, and organic
materials (green waste and food scraps) in the green containers.
• Requiring any single-family residence, multi-family premises, or commercial
customer who does not have recycling (blue) and/or organics (green) containers
to obtain them.
• Requiring waste generators to obtain permits from the City to self-haul source
separated recyclable materials, organic materials, and solid waste to facilities that
process, recover, or dispose of such materials and waste.
• Allowing waivers for vacation rentals, multi-family premises and commercial
premises who meet eligibility criteria.
• Requiring commercial businesses to annually, and as needed, educate
employees, contractors, tenants, and customers regarding how to properly sort
organic material into the correct containers.
• Adopting minimum enforcement provisions necessary to monitor compliance and
to conduct enforcement beginning January 1, 2024.
o SB 1383 allows an educational and non-punitive approach to enforcement
for the first two years of the ordinance’s implementation and the City will
exhaust all forms of education, through efforts by Waste Management and
IWMA, before instituting enforcement action in 2024.
• Conducting, at random or otherwise, inspections and investigations of collection
containers, collection vehicle loads, facilities, or source separated materials to
confirm compliance with SB 1383 regulations.
• Establishing an edible food recovery program to recover edible food from the waste
stream.
• Providing outreach and education for generators, haulers, facilities, edible food
recovery organizations, and municipal departments.
• Planning and securing access for recycling and edible food recovery capacity.
• Maintaining accurate compliance records for annual reporting requirements.
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Additionally, the City must take the following actions to comply with SB 1383:
1. Update Title 8 of the AMC to establish a water efficient landscape and irrigation
ordinance.
2. Adopt a policy to purchase recycled content paper and recycled organic waste
products (e.g., compost, mulch, and renewable natural gas) at a volume of 0.08
tons/resident.
3. Execute a new Franchise Agreement with Waste Management, the City’s
exclusive solid waste hauler to conform with SB 1383 regulations and Draft
Ordinance A.
Next month, staff will be bringing back to Council an update to Title 8 of the AMC and a
policy for procurement of recovered organic waste products. However, negotiating a new
Franchise Agreement will take longer. While staff has been in discussions with Waste
Management for some time and is hopeful that negotiations with the hauler can be
expedited, CalRecycle requires that the agreement be approved and signed no later than
June 30, 2022. Given the time necessary to fully negotiate a new Franchise Agreement
the includes the requirement that the agreement conform to SB 1383 regulations as well
as the Draft Ordinance, negotiations may exceed this deadline. Failure to meet the June
30 deadline would subject the City to continuing violations and administrative civil
penalties unless the City adopts the draft resolution and submits the Notice of Intent to
Comply (NOIC) to CalRecycle by March 1, 2022. Submission of the NOIC, and approval
by CalRecycle, will make the City eligible for administrative civil penalty relief for the 2022
calendar year and give the City additional time to finalize, approve and sign a new
franchise agreement.
FISCAL IMPACT:
None. SB 1383 Regulations call for multiple changes to collection, monitoring, education,
purchasing, and reporting that will lead to an increase to the City’s solid waste rates. While
the factors contributing to a rate increase are known, the amount of such an increase is
unknown at this time and will be determined upon implementation of the new IWMA fee
and the finalized contract with Waste Management. Even with heavy reliance o n both the
IWMA and Waste Management for SB 1383 compliance, additional staff time will be
required. The compliance workload requirements for staff are currently being assessed.
ATTACHMENTS:
1. Draft Ordinance
2. Draft Resolution
3. IWMA Educational Brochure
4. CalRecycle SB 1383 PowerPoint Presentation
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ITEM NUMBER: C-1
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ATTACHMENT:
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DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING IN ITS ENTIRETY
TITLE 6, CHAPTER 4 (SOLID WASTE COLLECTION), OF THE
ATASCADERO MUNICIPAL CODE IN COMFORMITY WITH
ASSEMBLY BILLS 939, 341, 1826 AND SENATE BILL 1383
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated
Waste Management Act of 1989 (California Public Resources Code Sect ion 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, recyclable materials, and organic
materials generated in their City 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; and
WHEREAS, 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 Commercial Businesses and
Multi-Family Premises that generate a specified threshold amount of Solid Waste to arrange for
recycling services and requires jurisdictions to implement a mandatory Commercial recycling
program; and
WHEREAS, State Organics Materials 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 Commercial Businesses and Multi-Family Premises that generate a specified threshold
amount of Solid Waste, Recyclable Materials, and Organic Materials per week to arrange for
recycling services for that waste, requires jurisdictions to implement a recycling program to divert
Organic Materials from Commercial Businesses and Multi-Family Premises subject to the law,
and requires jurisdictions to implement a mandatory Commercial Organic Materials recycling
program; and
WHEREAS, In September 2016, Governor Brown signed into law Senate Bill 1383 (SB
1383) establishing methane reduction targets in an effort to curb the presence of methane emissions
caused by organic waste; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce Organic Waste in landfills as a source of methane.
The regulations place requirements on multiple entities including local governments, residential
households, Multi-Family Premises, Commercial Businesses, Commercial Edible Food
Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to
support achievement of the SB 1383 statewide Organic Waste disposal reduction targets; and
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WHEREAS, 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; and
WHEREAS, adoption of an ordinance as required by SB 1383 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; and
WHEREAS, CalRecycle finalized regulations to achieve goals set forth by SB 1383 in
November 2020; and
WHEREAS, SB 1383 became effective on January 1, 2022, and local jurisdictions are
required to amend their Municipal Code to enact regulations set forth in SB 1383 and provide a
copy of the adopted ordinance to CalRecycle by April 1, 2022.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Determination. The City Council has determined that Title 6, Chapter 4 be
amended in its entirety, as set forth in Exhibit “A” of this Ordinance, attached hereto and
incorporated herein by reference.
SECTION 3. CEQA. The proposed Title 6 amendment is exempt from the California
Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can
be seen with certainty that there is no possibility that the enactment of this Ordinance would have
a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§
15378(b)(4), 15061(b)(3).
SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the
purposes set forth in this Ordinance.
SECTION 5. Preservation. Repeal of any provision of the AMC or of any previous Code
Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance’s
effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provisio n or
other City Ordinance to remain in full force and effect for all purposes.
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SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Atascadero’s book of original ordinances; make
a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after
the passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on __________________, 2022,
and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State
of California, on _________________, 2022.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
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Title 6 PUBLIC SAFETY
Chapter 4 SOLID WASTE, RECYCLING, AND MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION
6-4.101 Title
6-4.102 Definitions
6-4.103 Solid Waste, Recyclables, and Organic Waste Storage
6-4.104 Requirements for Single-Family Premises
6-4.105 Requirements for Multi-Family Residential Dwellings
6-4.106 Requirements for Commercial Businesses
6-4.107 Agricultural Byproducts and Exemptions
6-4.108 Waivers for Vacation Rentals, Multi-Family Premises, and Commercial Premises
6-4.109 Requirements for Commercial Edible Food Generators
6-4.110 Requirements for Food Recovery Organizations and Services
6-4.111 Requirements for Haulers and Facility Operators
6-4.112 Self-Hauler Requirements
6-4.113 Scavenging, Unlawful Dumping, and Public Nuisances Prohibited
6-4.114 Inspections and Investigations
6-4.115 Enforcement
6-4.101 Title.
This chapter shall be entitled “Solid Waste, Recycling, and Mandatory Organic Waste Disposal
Reduction”.
6-4.102 Definitions.
As used in this chapter, the following words and phrases shall have the meaning ascribed to them
in Government Code, commencing with Sections 66710 and 68010, or Health and Safety Code,
commencing with Section 25110, or Title 14 California Administrative Code, commencing with
Section 17725 unless from the context a different meaning is clearly apparent:
(a) “Alternative Daily Cover (ADC)” has the same meaning as in Section 20690 of Title 27 of
the California Code of Regulations.
(b) “Alternative Intermediate Cover (AIC)” has the same meaning as in Section 20700 of Title
27 of the California Code of Regulations.
(c) “Bulky Items” means discarded appliances (including refrigerators), furniture, tires, carpets,
mattresses, Yard Trimmings and/or wood waste, and similar large items which can be
handled by two (2) people, weigh no more than two hundred (200) pounds, and require
special collection due to their size or nature, but can be collected without the assistance of
special loading equipment (such as forklifts or cranes) and without violating vehicle load
limits. Bulky Items must be generated by the customer and at the service address wherein the
Bulky Items are collected. Bulky Items do not include abandoned automobiles, large auto
parts, trees, construction and demolition debris, or items herein defined as Excluded Waste.
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(d) “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).
(e) “California Code of Regulations” or “CCR” means the State of California Code of
Regulations. CCR references in this chapter are preceded with a number that refers to the
relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(f) “City” means the City of Atascadero, a municipal corporation acting through its City
Council, and all the territory lying within the municipal boundaries of the City.
(g) “City Enforcement Official” means the City Manager or other executive in charge, or their
designee who is/are partially or fully responsible for enforcing this chapter.
(h) “Council” means the City of Atascadero City Council.
(i) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-
stock company, corporation, or association, whether for-profit or nonprofit, strip mall, or
industrial facility.
(j) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial
Edible Food Generator as defined in this Section 6-4.102 or as otherwise defined in 14
CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery
Organizations and Food Recovery Services are not Commercial Edible Food Generators
pursuant to 14 CCR Section 18982(a)(7).
(k) “Community Composting” means any activity that Composts green material, agricultural
material, food material, and vegetative food material, alone or in combination, and the total
amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards
and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined
by 14 CCR Section 18982(a)(8).
(l) “Compliance Review” means a review of records by a City to determine compliance with
this chapter.
(m) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), (or any variation
thereof) includes a controlled biological decomposition of Organic Materials yielding a
safe and nuisance free Compost product.
(n) “Contractor” includes and means a person or entity to whom the City has granted the
privilege of collecting and disposing of solid waste, recyclable materials, and organic
materials produced within the limits of the City under the terms set out in this chapter, and
under the provisions of the contract agreement, organized and operating under the laws of
the State and its officers, directors, employees, agents, companies, related-parties,
affiliates, subsidiaries, and subcontractors.
(o) “Customer” means the Person whom Contractor submits its billing invoice to and collects
payment from for Collection services provided to a Premises. The Customer may be either
the Occupant or Owner of the Premises.
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(p) “C&D” means construction and demolition debris.
(q) “Debris box” or “roll-off container” means any ten (10) to forty (40) cubic yard container,
or any compactor provided by a solid waste generator, placed in the public right-of-way,
on city property, private property, or elsewhere in the service area, which is procured by a
solid waste generator for their use in the collection of their solid waste. Debris boxes/roll-
off containers are serviced by means of lifting the entire container, including all contents,
onto a designated collection vehicle.
(r) “Designated Waste” means non-Hazardous Waste which may pose special Disposal
problems because of its potential to contaminate the environment, and which may be
Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance
issued by the California Department of Health Services. Designated Waste consists of those
substances classified as Designated Waste by the State, in California Code of Regulations
Title 23, Section 2522 as may be amended from time to time.
(s) “Designee” means an entity that a City contracts with or otherwise arranges to carry out
any of the City’s responsibilities of this chapter 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.
(t) “Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste
placed by a Generator in a collection container and/or at a location for the purposes of
collection excluding Excluded Waste.
(u) “Edible Food” means food intended for human consumption, or as otherwise defined in 14
CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14
CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not
discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or
authorizes the Recovery of Edible Food that does not meet the food safety requirements of
the California Health and Safety Code, including the California Retail Food Code.
(v) “Enforcement Action" means an action of the City to address non-compliance with this
chapter including, but not limited to, issuing administrative citations, fines, penalties, or
using other remedies.
(w) “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 City 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 this chapter, 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 City, or its Designee’s reasonable opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose City, or its
Designee, to potential liability; but not including de 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,
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and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the
California Public Resources Code.
(x) “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).
(y) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(z) “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).
(aa) “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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant
to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs
from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this
chapter.
(bb) “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 chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(cc) “Food Scraps” means those Discarded Materials that will decompose and/or putrefy
including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is
generated during or results from the storage, preparation, cooking or handling of food
stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable
trimmings, houseplant trimmings and other Compostable Organic Waste common to the
occupancy of Residential dwellings. Food Scraps are a subset of Food Waste. Food Scraps
excludes fats, oils, and grease when such materials are Source Separated from other Food
Scraps.
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(dd) “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).
(ee) “Food-Soiled Paper” is compostable paper material that has come in contact with Food
Scraps or liquid, such as, but not limited to, compostable paper plates, napkins, and pizza
boxes.
(ff) “Food Waste” means Source Separated Food Scraps and Food-Soiled Paper.
(gg) “Generator” means a person or entity that is responsible for the initial creation of one or
more types of Discarded Materials.
(hh) “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).
(ii) “Hauler” means any person engaged in the collection, transportation or consolidation for
transportation of Solid Waste, Recyclable Materials, or Organic Materials in the City,
including those authorized collectors who engage in any such activities pursuant to an
agreement, permit or license issued by the City, known herein as the Contractor, as well as
self-haulers and the providers of temporary rental services of debris boxes or roll-off
containers who operate in compliance with this Chapter.
(jj) “Hauler Route” means the designated itinerary or sequence of stops for each segment of
the City’s collection service area, or as otherwise defined in 14 CCR Section
18982(a)(31.5).
(kk) “Hazardous Substance” means any of the following: (a) any substances defined, regulated
or listed (directly or by reference) as "Hazardous Substances", "hazardous materials",
"Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly
identified as hazardous to human health or the environment, in or pursuant to: (i) the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of
1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act,
49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901
et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety
Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901
et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations
promulgated thereunder to such enumerated statutes or acts currently existing or hereafter
enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or
pollutant identified as hazardous or toxic or regulated under any other Applicable Law
currently existing or hereinafter enacted, including, without limitation, friable asbestos,
polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and
by-products.
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(ll) “Hazardous Waste” means all substances defined as Hazardous Waste, acutely Hazardous
Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02,
§25115, and §25117 or in the future amendments to or recodifications of such statutes or
identified and listed as solar panels from residential premises, and Hazardous Waste by the
U.S. Environmental Protection Agency (EPA), pursuant to the Federal Resource
Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto,
and all rules and regulations promulgated thereunder.
(mm) “High Diversion Organic Waste Processing Facility” means a facility that is in compliance
with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an
annual average Mixed Waste organic content Recovery rate of 50 percent between January
1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(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).
(nn) “Infectious Waste” means (a) equipment, instruments, utensils and other fomites of a
disposable nature from the rooms of patients who are suspected to have or have been
diagnosed as having a communicable disease and must, therefore, be isolated as required
by public health agencies; (b) laboratory wastes, including pathological specimens (i.e., all
tissues, specimens of blood elements, excreta and secretions obtained from patients or
laboratory animals) and disposable fomites (any substance that may harbor or transmit
pathogenic organisms) attendant thereto; and/or (c) surgical operating room pathologic
specimens - including recognizable anatomical parts, human tissue, anatomical human
remains and disposable materials from hospitals, clinics, outpatient areas, and emergency
rooms, as defined in 14 CCR Section 17225.36.
(oo) “Inspection” means a site visit where a City reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of Recyclable Materials, Organic
Waste, Solid Waste, or Edible Food handling to determine if the entity is complying with
requirements set forth in this chapter, or as otherwise defined in 14 CCR Section
18982(a)(35).
(pp) “Large Event” means an event, including, but not limited to, a sporting event or a flea
market, that charges an admission price, or is operated by a local agency, and serves an
average of more than 2,000 individuals per day of operation of the event, at a location that
includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf
course, street system, or other open space when being used for an event. If the definition
in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR
Section 18982(a)(38) shall apply to this chapter.
(qq) “Large Venue” means a permanent venue facility that annually seats or serves an average
of more than 2,000 individuals within the grounds of the facility per day of operation of
the venue facility. For purposes of this chapter and implementation of 14 CCR, Division
7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or
privately owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts
center, fairground, museum, theater, or other public attraction facility. For purposes of this
chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common
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ownership or control that includes more than one Large Venue that is contiguous with other
Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section
18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39)
shall apply to this chapter.
(rr) “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, recyclable materials, and organic materials, or as otherwise defined in 14 CCR
Section 18982(a)(40).
(ss) “Multi-Family Residential Dwelling” or “Multi-Family” or “MFD” means of, from, or
pertaining to residential Premises with five (5) or more dwelling units including such
Premises when combined in the same building with Commercial establishments, that
receive centralized, shared, Collection service for all units on the Premises which are billed
to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes,
condominiums, or other structures with five (5) or more dwelling units who receive
individual service and are billed separately shall not be considered Multi-Family. Multi-
Family Premises do not include hotels, motels, or other transient occupancy facilities,
which are considered Commercial Businesses.
(tt) “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.
(uu) “Occupant” means the Person who occupies a Premises.
(vv) “Organic Materials” means Yard Trimmings and Food Waste, individually or collectively
that are set aside, handled, packaged, or offered for collection in a manner different from
Solid Waste for the purpose of processing. No Discarded Material shall be considered to
be Organic Materials, however, unless it is separated from Recyclable Material and Solid
Waste. Organic Materials are a subset of Organic Waste.
(ww) “Organic Materials Container” shall be used for the purpose of storage and collection of
Source Separated Organic Materials.
(xx) “Organic Waste” means 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).
(yy) “Owner” means the Person(s) holding legal title to real property and/or any improvements
thereon and shall include the Person(s) listed on the latest equalized assessment roll of the
County Assessor.
(zz) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons,
wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or
as otherwise defined in 14 CCR Section 18982(a)(51).
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(aaa) “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).
(bbb) “Premises” means and includes any land, building and/or structure, or portion thereof, in
the City where Discarded Materials are produced, generated, or accumulated. All structures
on the same legal parcel, which are owned by the same person shall be considered as one
Premises.
(ccc) “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed
in the Recyclable Materials Container that are not identified as acceptable Source
Separated Recyclable Materials for the City’s Recyclable Materials Container; (ii)
Discarded Materials placed in the Organic Materials Container that are not identified as
acceptable Source Separated Organic Materials for the City’s Organic Materials Container;
(iii) Discarded Materials placed in the Solid Waste Container that are acceptable Source
Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in
City’s Organic Materials Container and/or Recyclable Materials Container; and, (iv)
Excluded Waste placed in any container.
(ddd) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as
otherwise defined in 14 CCR Section 18982(a)(49).
(eee) “Recyclable Materials” means those Discarded Materials that the Generators set out in
Recyclables Containers for Collection for the purpose of Recycling by the Service Provider
and that exclude Excluded Waste. No Discarded Materials shall be considered Recyclable
Materials unless such material is separated from Organic Materials and Solid Waste.
Recyclable Materials shall include, but not be limited to, newspaper, aluminum, tin and bi-
metal cans, clear and colored glass containers, plastic containers, corrugated cardboard,
mixed paper (including white and colored ledger paper, chipboard, junk mail, magazines
and phone books), and motor oil and filters (which shall be collected separate from the
Recycling Container). For the purpose of collection of Recyclable Materials through
contractor’s collection services, recyclable materials shall be limited to those materials
identified by the collection contractor as acceptable recyclable materials.
(fff) “Recyclable Materials Container” shall be used for the purpose of storage and collection of
Source Separated Recyclable Materials.
(ggg) “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).
(hhh) “Residential” shall mean of, from, or pertaining to Single-Family Premises or Multi-
Family Premises including Single-Family homes, apartments, condominiums, Townhouse
complexes, mobile home parks, and cooperative apartments.
(iii) “Responsible Party” means the Owner, property manager, tenant, lessee, Occupant, or
other designee that subscribes to and pays for Recyclable Materials, Organic Materials,
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and/or Solid Waste collection services for a Premises in the City, or, if there is no such
subscriber, the Owner or property manager of a Single-Family Premises, Multi-Family
Premises, or Commercial Premises. In instances of dispute or uncertainty regarding who is
the Responsible Party for a Premises, Responsible Party shall mean the Owner of a Single-
Family Premises, Multi-Family Premises, or Commercial Premises.
(jjj) “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).
(kkk) “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)(65).
(lll) “Rubble” includes and means all waste substances including garbage as well as
combustible and noncombustible wastes. (Ord. 56 § 6-4.01, 1982)
(mmm) “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19,
2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and
Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of
Division 30 of the Public Resources Code, establishing methane emissions reduction
targets in a Statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.(mmm)“SB 1383
Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter,
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.
(nnn) “Self-Haul” means to act as a Self-Hauler.
(ooo) “Self-Hauler” means a person who hauls Solid Waste, Organic Waste, or Recyclable
Material they have generated to another person. Self-hauler also includes a landscaper, or
a person who back-hauls waste. Back-haul means generating and transporting Recyclable
Materials or Organic Waste to a destination owned and operated by the Generator or
Responsible Party using the Generator’s or Responsible Party’s own employees and
equipment.
(ppp) “Service Level” refers to the size of a Customer’s Container and the frequency of
Collection service.
(qqq) “Single-Family” or “SFD” refers to any detached or attached house or residence of four (4)
units or less designed or used for occupancy by one (1) family, provided that Collection
service feasibly can be provided to such Premises as an independent unit, and the Owner
or Occupant of such independent unit is billed directly for the Collection service. Single -
Family includes Townhouses, and each independent unit of duplex, tri-plex, or four-plex
Residential structures, regardless of whether each unit is separately billed for their specific
Service Level.
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(rrr) “Solid Waste” has the same meaning as defined in State Public Resources Code Section
40191 (and in Ord. 56 § 6-4.01, 1982), which defines Solid Waste as all putrescible and
non-putrescible 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, dew atered, 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.
(4) Recyclable Materials, Organic Materials, and Construction and Demolition Debris
when such materials are Source Separated.
Notwithstanding any provision to the contrary, Solid Waste may include de minimis
volumes or concentrations of waste of a type and amount normally found in Residential
Solid Waste after implementation of programs for the safe Collection, Recycling,
treatment, and disposal of household hazardous waste in compliance with Section 41500
and 41802 of the California Public Resources Code as may be amended from time to time.
Solid Waste includes salvageable materials only when such materials are included for
Collection in a Solid Waste Container, not Source Separated from Solid Waste at the site
of generation.
(sss) “Solid Waste Container” shall be used for the purpose of storage and collection of Solid
Waste, excluding Prohibited Container Contaminants.
(ttt) “Source Separated” or “Source-Separated (materials)” means materials, including
commingled Recyclable Materials and Organic Materials, that have been separated or kept
separate from the Solid Waste stream, at the point of generation, for the purpose of
additional sorting or processing of those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes
of the chapter, Source Separated shall include separation of materials by the Generator,
Responsible Party, or Responsible Party’s employee, into different containers for the
purpose of collection such that Source-Separated materials are separated from Solid Waste
for the purposes of collection and processing.
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(uuu) “Source Separated Organic Materials” means Organic Materials that are Source Separated
and placed in an Organic Materials Container.
(vvv) “Source Separated Recyclable Materials” means Recyclable Materials that are Source
Separated and placed in a Recyclable Materials Container.
(www) “State” means the State of California.
(xxx) “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).
(yyy) “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 chapter.
(zzz) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than
5,000 square feet.
(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.
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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 chapter.
(aaaa) “Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000)
standard pounds where each pound contains sixteen (16) ounces.
(bbbb) “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, and prepared for distribution to a retailer, warehouse, distributor, or other
destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
6-4.103 Solid Waste, Recyclables, and Organic Waste Storage and Collection
(a) The owner, occupant, or operator of any premises, business establishment, or other
property, vacant or occupied, shall be responsible for the safe and sanitary storage of all
solid waste, recyclable materials, and organic materials accumulated on the property. The
property shall be free of excessive amounts of solid waste, recyclable materials, and
organic materials, and litter except that manure, wood, leaves, soil, or gravel may be
accumulated, providing that no public or private nuisance is created.
(b) To protect public health, safety, and well-being and to prevent the contamination of solid
waste, recyclable materials, and organic materials, no person shall place waste in or
otherwise use the solid waste, recyclable materials, and organic materials container of
another, without the prior written permission of such other person.
(c) No person maintaining any premises where any type of solid waste, recyclable material, or
organic material is created, accumulated, or produced shall fail or neglect to procure and
utilize a container or containers (in required numbers) as specified in subdivisions (1)-(5)
of this subsection:
(1) The Contractor shall maintain its solid waste, recyclable materials, and organic
materials containers within the City in a manner to protect public health and safety
and prevent the spread of vectors. No person shall place for collection any solid
waste, recyclable materials, or organic materials container not in conformance with
the container(s) designated by the Contractor providing collection services.
(2) All solid waste, recyclable materials, and organic materials created, accumulated,
or produced on the premises are to be stored in watertight, impervious containers
having close-fitting lids and shall be constructed of substantial, nonabsorbent
materials.
(3) All solid waste, recyclable materials, and organic materials are to be stored in
containers which are sufficient in size and number to hold all such waste without
spilling or causing litter or a nuisance, all the waste that a household or other
establishment generates within the designated removal period.
(4) The Contractor shall maintain its solid waste, recyclable materials, and organic
materials containers in the City free from any exterior paint or markings commonly
referred to as “graffiti” or “tagging.”
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(5) Nothing in this chapter shall prevent an owner and/or occupant of a premises from
self-hauling to a solid waste facility, in conformance with Section 6-4.112 of this
chapter, or from utilizing a temporary debris box or roll-off container service. The
exclusive rights of the Contractor shall not mean that debris box or roll-off
container service for construction and temporary cleanup purposes cannot be
provided by persons other than the designated authorized collector.
(d) Collection of Solid Waste, Recyclable Materials, or Organic Materials without Waste
Management Franchise or Continuation Rights Prohibited.
(1) To protect public health, safety, and well-being, no person except a City
employee or the Contractor with a waste management franchise or continuation
rights recognized by the City, or a person authorized under Section 6-4.112 of this
chapter (Self-Haulers), or a licensed contractor performing work within the scope
of that contractor’s license, or a provider of temporary debris box or roll-off
container rental services, shall collect or remove any solid waste, recyclable
materials, or organic materials from any premises within the City.
(2) No person other than a Contractor which has a waste management franchise
issued by the City or a Contractor with continuation rights recognized by the City,
or a licensed contractor performing work within the scope of that contractor’s
license, or a provider of temporary debris box or roll-off container rental services,
shall place a container for the accumulation of solid waste, recyclable materials,
or organic materials at any premises within the City or collect any waste from any
premises or permit or suffer a solid waste, recyclable materials, and organic
materials container to remain in any place within the City.
(e) Location of Solid Waste, Recyclable Materials, and Organic Materials Containers.
(1) During the hours for collection designated in subsection (2) of this Section,
residential solid waste, recyclable materials, and organic materials containers shall
be placed at the collection location designated by the Contractor holding the
residential waste management franchise and shall be placed in a manner accessible
for automated pickup. Except during the time a container is placed for collection,
residential containers shall not be visible from the public right-of-way. Commercial
bins shall be accessible to the Contractor providing collection services at that
location.
(2) Solid waste, recyclable materials, and organic materials containers, such as
residential containers, that are moved to a collection point to facilitate collection
shall not be placed adjacent to the street for pickup more than twenty-four (24)
hours prior to pickup time, and such containers shall be removed within the twelve
(12) hour period following pickup.
(3) Each solid waste, recyclable materials, and organic materials container provided by
the owner, manager, or person in possession, charge, or control of any residential,
commercial, or industrial buildings, complexes, developments, and projects, and
every person occupying a dwelling within the City, shall be kept or placed entirely
above ground level at a location which is convenient for access by collection
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personnel during the time for collection, as set forth in subdivisions (1) and (2) of
this subsection.
(4) To minimize interference with public rights-of-way, no person shall place a
container or any Bulky Items adjacent to a street or public right-of-way for
collection service before the day preceding the regularly scheduled collection day.
Bulky Items may not be set out for collection unless the person in charge of day-
to-day operations of the premises has made prior arrangements with a Contractor
approved by the City for pickup of the Bulky Items.
(5) No container may be placed in any public right-of-way unless an encroachment
permit authorizing the placement has been issued by the City, except during
service/collection times in subsection (2) above. A bin, construction and demolition
material bin, debris box or roll-off container may be placed on private property,
visible to the public for temporary periods.
(6) Containers shall be placed on the premises as follows:
(A) Where pickup is by human labor approaching from the street, the
container(s) shall be placed adjacent to the street from where the collector
enters the property. Provisions shall be made for easy access, with no
obstacles. Where walk-ins are required, proportionately higher rates may be
set.
(B) Where pickup is by collection vehicle, the container(s) shall be located in a
waste storage area.
(f) Requirements for Waste Storage Area.
(1) Property owners must provide each individual dwelling unit or occupancy with an
individual or centralized waste storage area where solid waste, recyclable materials,
and organic materials can be deposited and stored for later removal from the
premises.
(g) Commercial requirements
(1) No Contractor shall place a commercial bin, construction and demolition material
bin, roll-off or debris box, or any container other than residential solid waste,
recyclable materials, and organic materials containers, at any location within the
City unless the container is clearly marked with the name, address, and telephone
number of the owner of the container and a unique container number. The
identification shall be waterproof and legible.
(2) The City may require that commercial bins be stored in a bin enclosure with
adequate space to accommodate containers for solid waste, recyclable materials,
and organic materials containers. All new enclosures are subject to inspection by
the City. Enclosures must be located in places convenient for the removal of the
containers for collection. Enclosures, including gates and gate hardware, must be
maintained in good working condition and readily accessible by the Contractor.
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(h) Use of Civic Litter Containers. To protect public health, safety, and well-being, no person
shall place or deposit residential, institutional, commercial, industrial, special, sharps, e-
waste, universal, or other hazardous waste in any civic litter container.
(i) Burning of Organic Waste Materials. To protect public health, safety, and well-being, no
person shall burn any waste within the City, except organic waste materials on approved
burn days using controlled burn piles, in compliance with all applicable permit and other
regulations of air pollution control authorities and provided any such act of burning in all
respects complies with all other laws, rules, and regulations.
6-4.104 Requirements for Single-Family Premises
(a) Responsible Parties of Single-Family Premises shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter. Responsible Parties of Single-Family Premises may receive waivers pursuant to
Section 6-4.108 for some requirements of this Section.
(b) Except Responsible Parties of Single-Family Premises that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, Responsible Parties of Single-Family
Premises shall comply with the following requirements:
(1) Subscribe to and pay for City’s three or more-container collection services for
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste
generated by the Single-Family Premises and comply with requirements of those
services as described below in subsection 2(A). City and its Designee(s) 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. The Responsible Parties for
Single-Family Premises shall adjust their Service Level for their collection services
as requested by the City.
(2) Participate in the City’s three or more-container collection service(s) in the manner
described below.
(A) Place, or, if Responsible Party is not an occupant of the Single-Family
Premises, direct its Generators to place, Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place, or, if Responsible Party is not an occupant of the Single-Family
Premises, direct its Generators to not place Prohibited Container
Contaminants in collection containers and not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(c) Nothing in this Section prohibits a Responsible Party or Generator of a Single-Family
Premises from preventing or reducing Discarded Materials generation, managing Organic
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Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
6-4.105 Requirements for Multi-Family Residential Dwellings
(a) Responsible Parties of Multi-Family Premises shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter and for employees, contractors, and tenants. Responsible Parties of Multi-Family
Premises may receive waivers pursuant to Section 6-4.108 for some requirements of this
Section.
(b) Except for Responsible Parties of Multi-Family Premises that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, including hauling services arranged
through a landscaper, Responsible Parties of Multi-Family Premises shall:
(1) Subscribe to and pay for City’s three or more-container collection services and
comply with requirements of those services for all Recyclable Materials, Organic
Materials, and Solid Waste generated at the Multi-Family Premises as further
described below in this Section. City and its Designee(s) shall have the right to
review the number and size of the Multi-Family Premises’ collection 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. The Responsible Party of a Multi-Family Premises shall adjust their
Service Level for their collection services as requested by the City or its Designee.
(2) Participate in the City’s three or more-container collection service(s) for at least
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste in
the manner described below.
(A) Place and/or direct its Generators to place Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers and to not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(3) Supply and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors for employees, contractors, tenants, and
customers, consistent with City’s Recyclable Materials Container, Organic
Materials Container, and Solid Waste Container collection service or, if Self-
Hauling, consistent with the Multi-Family Premises’ approach to complying with
Self-Hauler requirements in Section 6-4.112 of this chapter.
(4) Annually provide information to employees, contractors, tenants, and customers
about Recyclable Materials and Organic Waste Recovery requirements and about
proper sorting of Recyclable Materials, Organic Materials, and Solid Waste.
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(5) Provide education information before or within fourteen (14) days of occupation of
the Premises to new tenants that describes requirements to Source Separate
Recyclable Materials and Organic Materials and to keep Source Separated Organic
Materials and Source Separated Recyclable Materials separate from each other and
from Solid Waste (when applicable) and the location of containers and the rules
governing their use at each property.
(6) Provide or arrange access for City and/or its Designee(s) to their properties during
all Inspections conducted in accordance with this chapter to confirm compliance
with the requirements of this chapter.
(c) If the Responsible Party of a Multi-Family Premises wants to Self-Haul, they must meet
the Self-Hauler requirements in Section 6-4.112 of this chapter.
(d) Multi-family Premises that generate two (2) cubic yards or more of total Solid Waste,
Recyclable Materials, and Organic Materials per week (or other threshold defined by the
State) that arrange for gardening or landscaping services shall require that the contract or
work agreement between the Owner, Occupant, or operator of a Multi-Family Premises
and a gardening or landscaping service specifies that the designated organic materials
generated by those services be managed in compliance with this chapter.
(e) Nothing in this Section prohibits a Responsible Party or Generator of a Multi-Family
Premises from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
6-4.106 Requirements for Commercial Businesses
(a) Responsible Parties of Commercial Businesses shall provide or arrange for Recyclable
Materials, Organic Materials, and Solid Waste collection services consistent with this
chapter and for employees, contractors, tenants, and customers. Responsible Parties of
Commercial Premises may receive waivers pursuant to Section 6-4.108 for some
requirements of this Section.
(b) Except Responsible Parties of Commercial Businesses that meet the Self-Hauler
requirements in Section 6-4.112 of this chapter, including hauling services arranged
through a landscaper, Responsible Parties of Commercial Premises shall:
(1) Subscribe to and pay for City’s three or more-container collection services and
comply with requirements of those services for all Recyclable Materials, Organic
Materials, and Solid Waste generated at the Commercial Premises as further
described below in this Section. City and its Designee(s) shall have the right to
review the number and size of a Commercial Premises’ 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. The
Responsible Party of the Commercial Business shall adjust their Service Level for
their collection services as requested by the City or its Designee.
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(2) Participate in the City’s three or more-container collection service(s) for at least
weekly collection of Recyclable Materials, Organic Materials, and Solid Waste in
the manner described below.
(A) Place and/or direct its Generators to place Source Separated Organic
Materials, including Food Waste, in the Organic Materials Container;
Source Separated Recyclable Materials in the Recyclable Materials
Container; and Solid Waste in the Solid Waste Container.
(B) Not place and/or direct its Generators to not place Prohibited Container
Contaminants in collection containers and to not place materials designated
for the Organic Materials Containers or Recyclable Materials Containers in
the Solid Waste Containers.
(3) Supply and allow access to adequate number, size, and location of collection
containers with sufficient labels or colors (conforming with Sections 7(b)(4)(A))
and 7(b)(4)(B) below) for employees, contractors, tenants, and customers,
consistent with City‘s Recyclable Materials Container, Organic Materials
Container, and Solid Waste Container collection service or, if Self-Hauling,
consistent with the Commercial Premises’ approach to complying with Self-Hauler
requirements in Section 6-4.112 of this chapter.
(4) Provide containers for customers for the collection of Source Separated Recyclable
Materials and Source Separated Organic Materials in all indoor and outdoor areas
where Solid Waste containers are provided for customers, for materials generated
by that Commercial Business. Such containers shall be visible and easily accessible.
Such containers do not need to be provided in restrooms. If a Commercial Business
does not generate any of the materials that would be collected in one type of
container, as demonstrated through an approved de minimis waiver per Section 6-
4.108(a), then the Responsible Party of the Commercial Business does not have to
provide that particular container in all areas where Solid Waste containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the Responsible Party of the Commercial Business shall have either:
(A) A body or lid that conforms with the container colors provided through the
collection service provided by City, with either lids conforming to the color
requirements or bodies conforming to the color requirements, or both lids
and bodies conforming to color requirements. The Responsible Party of the
Commercial Business is not required to replace functional containers that
do not comply with the requirements of this subsection prior to whichever
of the following comes first: (i) the end of the useful life of those containers,
or (ii) January 1, 2036; or
(B) Container labels that include language or graphic images, or both, indicating
the primary material accepted and the primary materials prohibited in that
container, or containers with imprinted text or graphic images that indicate
the primary materials accepted and primary materials prohibited in the
container. Pursuant 14 CCR Section 18984.8, the container labeling
requirements are required on new containers commencing January 1, 2022.
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(5) To the extent practical through education, training, inspection, and/or other
measures, prohibit employees from placing materials in a container not designated
for those materials per the City’s Recyclable Materials Container, Organic
Materials Container, and Solid Waste collection service or, if Self-Hauling, per the
instructions of the Commercial Business’s Responsible Party to support its
compliance with Self-Hauler requirements in Section 6-4.112 of this chapter.
(6) Periodically inspect Recyclable Materials Containers, Organic Materials
Containers, and Solid Waste Containers for contamination and inform employees
if containers are contaminated and of the requirements to keep contaminants out of
those containers pursuant to 14 CCR Section 18984.9(b)(3).
(7) Annually provide information to employees, contractors, tenants, and customers
about Recyclable Materials and Organic Waste Recovery requirements and about
proper sorting of Recyclable Materials, Organic Materials, and Solid Waste.
(8) Provide education information before or within fourteen (14) days of occupation of
the Premises to new tenants that describes requirements to Source Separate
Recyclable Materials and Organic Materials and to keep Source Separated Organic
Materials and Source Separated Recyclable Materials separate from each other and
from other Solid Waste (when applicable) and the location of containers and the
rules governing their use at each property.
(9) Provide or arrange access for City or its Designee to their properties during all
Inspections conducted in accordance with this chapter to confirm compliance with
the requirements of this chapter.
(c) If the Responsible Party of a Commercial Business wants to Self -Haul, meet the Self-
Hauler requirements in Section 6-4.112 of this chapter.
(d) Nothing in this Section prohibits a Responsible Party or a Generator of a Commercial
Business from preventing or reducing Discarded Materials generation, managing Organic
Waste on site, or using a Community Composting site pursuant to 14 CCR Section
18984.9(c).
(e) Responsible Parties of Commercial Businesses that are Tier One or Tier Two Commercial
Edible Food Generators shall comply with Food Recovery requirements, pursuant to
Section 6-4.110 of this chapter.
6-4.107 Agricultural Byproducts and Exemptions
(a) Culled fruits and vegetables which cannot be used for animal feed, returned to soil, or
donated shall be placed in an organic materials collection bin or container or disposed of
only in an organic waste processing facility.
(b) Organic materials may be fed to animals on the premises where such organic materials are
produced, provided that the premises are always kept in a sanitary condition to the
satisfaction of the City Manager or their Designee; and provided further that the keeping
and feeding of such animals shall at all times conform to the applicable regulations of those
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entities governing the same now in force or which thereafter may be enacted or
promulgated.
(c) Agricultural byproducts or wastes not of plant or animal origin, such as nonhazardous
packaging, plastic film, or shop wastes, shall be disposed of as solid waste or recycling.
(d) Notwithstanding the provisions of Sections 6-4.104, 6-4.105 and 6-4.106 above:
(1) The occupant of any private property may allow swill to be accumulated, stored,
disposed of, or used for stock feeding on the premises, as long as such swill is not
permitted to become a nuisance due to the breeding or attraction of flies or rodents,
or from odors, or to create a hazard to the public health, safety, or welfare. Any
such agricultural operations shall comply with the Agricultural Solid Waste
Management Standards, Title 14, California Administrative Code, commencing
with Section 17801.
(2) The occupant of a ranch or farm may accumulate manure, wood, leaves, soil, and
gravel on the property, but he or she may not allow any other person to use his or
her property for the disposal of other types of waste.
(3) The provisions of this chapter shall not be interpreted to prevent the maintenance
of a compost pile on private property, so long as it does not become a public or
private nuisance.
(e) Nothing in this Section prohibits a Responsible Party or a Generator of a Residential
premises, Multi-Family premises or Commercial Business from preventing or reducing
Discarded Materials generation, managing Organic Waste on site, or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
6-4.108 Waivers for Vacation Rentals, Multi-Family Premises, and Commercial Premises
(a) De Minimis Waivers for Vacation Rentals, Multi-Family Premises, and Commercial
Premises. The City’s Designee, or the City if there is no Designee, may waive a
Responsible Party’s obligation to comply with some or all Recyclable Materials and
Organic Waste requirements of this chapter if the Responsible Party of the Vacation Rental,
Commercial Business, or Multi-Family Premises provides documentation that the Vacation
Rental, Commercial Business, or Multi-Family Premises meets one of the criteria in
subsections (1) and (2) below. For the purposes of subsections (1) and (2), the total Solid
Waste shall be the sum of weekly container capacity measured in cubic yards for Solid
Waste, Recyclable Materials, and Organic Materials collection service. Hauling through
paper shredding service providers or other incidental services may be considered in
granting a de minimis waiver.
(1) The Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ total
Solid Waste collection service is two (2) cubic yards or more per week and
Recyclable Materials and Organic Materials subject to collection in Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less than
twenty (20) gallons per week per applicable material stream of the Vacation
Rental’s, Multi-family Premises’, or Commercial Business’s total waste (i.e.,
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Recyclable Materials in the Recyclable Materials stream are less than twenty (20)
gallons per week or Organic Materials in the Organic Materials stream are less than
twenty (20) gallons per week); or,
(2) The Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ total
Solid Waste collection service is less than two (2) cubic yards per week and
Recyclable Materials and Organic Materials subject to collection in a Recyclable
Materials Container(s) or Organic Materials Container(s) comprises less than ten
(10) gallons per week per applicable material stream of the Vacation Rental’s,
Multi-family Premises’, or Commercial Business’s total waste (i.e., Recyclable
Materials in the Recyclable Materials stream are less than ten (10) gallons per week
or Organic Materials in the Organic Materials stream are less than ten (10) gallons
per week).
(b) Physical Space Waivers. The City’s Designee, or the City if there is no Designee, may
waive a Vacation Rental’s, Commercial Business’s, or Multi-Family Premises’ obligation
to comply with some or all of the Recyclable Materials and/or Organic Materials collection
service requirements if the City or its Designee has evidence from its own staff, a hauler,
licensed architect, or licensed engineer demonstrating that the Premises lacks adequate
space for Recyclable Materials Containers and/or Organic Materials Containers required
for compliance with the Recyclable Materials and Organic Materials collection
requirements of Sections 6-4.104, 6-4.105 or 6-4.106 as applicable.
(c) Review and Approval of Waivers. Waivers shall be granted to Responsible Parties by the
City Designee, or the City if there is no Designee, according to the following process:
(1) Responsible Parties of Premises seeking waivers shall submit a completed
application form to the City’s Designee, or the City if there is no Designee, for a
waiver specifying the waiver type requested, type(s) of collection services for
which they are requesting a waiver, the reason(s) for such waiver, and
documentation supporting such request.
(2) Upon waiver approval, the City Designee, or the City if there is no Designee, shall
specify that the waiver is valid for the following duration:
(i) For Commercial Premises, five (5) years, or if property ownership changes, or
if occupancy changes, whichever occurs first.
(ii) For Multi-Family Premises, five (5) years, or if property ownership changes, or
if the property manager changes, whichever occurs first.
(iii) For Vacation Rentals, five (5) years, or if property ownership changes, or if
property manager changes, whichever occurs first.
(3) Waiver holder shall notify City’s Designee, or the City if there is no Designee, if
circumstances change such that Vacation Rental’s, Commercial Business’s, or
Multi-Family Premises’ may no longer qualify for the waiver granted, in which
case waiver will be rescinded.
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(4) Any waiver holder must cooperate with the City and/or its Designee for any on-site
assessment of the appropriateness of the waiver.
(5) Waiver holder shall reapply to the City’s Designee, or the City if there is no
Designee, for a waiver upon the expiration of the waiver period and shall submit
any required documentation, and/or fees/payments as required by the City and/or
its Designee. Failure to submit a completed application shall equate to an automatic
denial of said application.
(6) The City’s Designee, or the City if there is no Designee, may revoke a waiver upon
a determination that any of the circumstances justifying a waiver are no longer
applicable.
(7) If the City’s Designee does not approve a waiver application or revokes a waiver,
the City may appeal the decision for additional review by the Designee. The City
may also, after meeting and conferring with the Designee, direct the Designee to
approve the waiver application and/or repeal the revocation of the waiver.
6-4.109 Requirements for Commercial Edible Food Generators
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed. Food that is donated shall be free from adulteration, spoilage, and meet
the food safety standards of the California Health and Safety Code. Food cannot be
donated if it is not in compliance with the food safety standards of the California
Health and Safety Code, including food that is returned by a customer, has been
served or sold and in the possession of a consumer, or is the subject of a recall.
(2) Contract with or enter into a written agreement with Food Recovery Organizations
or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery;
or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator
Self-Hauls to the Food Recovery Organization for Food Recovery.
(3) Not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow City’s designated enforcement entity or designated third party enforcement
entity to access the Premises and review records pursuant to 14 CCR Section
18991.4.
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(5) Keep records that include the following information, or as otherwise specified in
14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or
receives its Edible Food pursuant to a contract or written agreement
established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR
Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery
Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery
Service or Food Recovery Organization.
(ii) The types of food that will be collected by or Self-Hauled to the
Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or Self-
Hauled.
(iv) The quantity of food, measured in pounds recovered per month,
collected or Self-Hauled to a Food Recovery Service or Food
Recovery Organization for Food Recovery.
(6) Maintain records required by this Section for five (5) years.
(7) No later than January 31 of each year commencing no later than January 31, 2023
for Tier One Commercial Edible Food Generators and January 31, 2025 for Tier
Two Commercial Edible Food Generators, provide an annual Food Recovery report
to the City or its Designee that includes the following information:
(i) The amount, in pounds, of edible food donated to a Food Recovery
Service or Food Recovery Organization annually;
(ii) The amount, in pounds of edible food rejected by a Food Recovery
Service or Food Recovery Organization annually; and
(iii) Any additional information required by the City Manager or their
Designee.
(d) Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan
Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017
(approved by the Governor of the State of California on September 25, 2017, which added
Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title
2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to
time).
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6-4.110 Requirements for Food Recovery Organizations and Services
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible
Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery
Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization
that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established under
14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified
by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible
Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that
the organization receives Edible Food from for Food Recovery.
(c) Maintain records required by this Section for five (5) years.
(d) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements with one or
more Commercial Edible Food Generators pursuant to 14 CCR Section 1899 1.3(b) shall
report to the City it is located in and the City’s Designee, if applicable, the total pounds of
Edible Food recovered in the previous calendar year from the Tier One and Tier Two
Commercial Edible Food Generators they have established a contract or written agreement
with pursuant to 14 CCR Section 18991.3(b). The annual report shall be submitted to the
City, County, and/or the City’s Designee, if applicable, no later than January 31 of each
year.
(e) In order to support Edible Food Recovery capacity planning assessments or other studies
conducted by the City that provides solid waste, recyclable materials, and organic materials
collection services, or its designated entity, Food Recovery Services and Food Recovery
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Organizations operating in the City shall provide information and consultation to the City
and City’s Designee, if applicable, upon request, regarding existing, or proposed new or
expanded, Food Recovery capacity that could be accessed by the City and its Commercial
Edible Food Generators. A Food Recovery Service or Food Recovery Organization
contacted by the City and/or its Designee shall respond to such request for information
within 60 days, unless a shorter timeframe is otherwise specified by the City.
(f) Food Recovery Organizations and Food Recovery Services that have their primary address
physically located in the City and contract with or have written agreements with one or
more Commercial Edible Food Generators shall include language in all agreements with
Tier 1 and Tier 2 edible food generators located in the City identifying and describing the
California Good Samaritan Act of 2017.
(g) Nothing in this chapter prohibits a Food Recovery Organization or Food Recovery
Service from refusing to accept Edible Food from a Commercial Edible Food Generator.
6-4.111 Requirements for Haulers and Facility Operators
(a) Requirements for Haulers
(1) Franchise hauler(s) providing Recyclable Materials, Organic Waste, and/or Solid
Waste collection services to Generators within the City’s boundaries shall meet the
following requirements and standards as a condition of approval of its contract,
agreement, permit, or other authorization with the City to collect Recyclable
Materials, Organic Materials, and/or Solid Waste:
(A) Through written notice to the City annually on or before October 1 of each
year for the following calendar year, identify the facilities to which they will
transport Discarded Materials, including facilities for Source Separated
Recyclable Materials, Source Separated Organic Materials, and Solid Waste
unless otherwise stated in the franchise agreement, contract, permit, or
license, or other authorization with the City.
(B) Transport Source Separated Recyclable Materials to a facility that recovers
those materials; transport Source Separated Organic Materials to a facility,
operation, activity, or property that recovers Organic Waste as defined in
14 CCR, Division 7, Chapter 12, Article 2; transport Solid Waste to a
disposal facility or transfer facility or operation that processes or disposes
of Solid Waste; and transport manure to a facility that manages manure in
conformance with 14 CCR Article 12 and such that the manure is not
landfilled, used as Alternative Daily Cover (ADC), or used as Alternative
Intermediate Cover (AIC).
(C) Obtain approval from the City 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 and Section 6-4.112 of this Chapter.
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(2) Franchise hauler(s) authorized to collect Recyclable Materials, Organic Materials,
and/or Solid Waste shall comply with education, equipment, signage, container
labeling, container color, contamination monitoring, reporting, and other
requirements contained within its franchise agreement, permit, or other agreement
entered into with City.
(3) To preserve peace and quiet, no solid waste, recyclable materials, or organic waste
of any kind shall be collected from or within two hundred (200) feet of residential
premises between 5:00 P.M. and 6:00 A.M. on any day. All collections shall be
made as quietly as possible, without unnecessary noise, disturbance, or commotion.
(4) All waste materials collected shall be transported in collection equipment, so
constructed and so loaded that there will not be any leakage or dropping of waste
materials therefrom. Such materials, when placed in any collection equipment and
during its passage to its destination, shall be suitably enclosed so as to prevent
spillage. Collection equipment shall be uniformly painted and numbered, and
temporary debris boxes or roll-off containers shall be clearly marked with the rental
company’s name and phone number.
(5) Haulers shall be responsible for ensuring all containers are covered or enclosed
during transportation to a recycling or disposal facility, and that materials are
loaded such that none shall fall, drop, or spill upon the ground. Hauler shall be
responsible for ensuring that all waste in collection vehicles is not littered during
transport and is required to pick up litter generated from all collection and hauling
operations.
(6) Haulers shall be responsible for the general repair and upkeep of any containers
that it furnishes to customers and shall maintain such containers in a sanitary non-
leaking condition. Containers shall be labeled with the type(s) of material(s) to be
placed therein, and labels shall be placed on each container or lid provided to
customers and must specify which materials are acceptable and unacceptable in the
container in written or graphic form. Haulers and customers shall be responsible
for furnishing containers of sufficient size to adequately contain all of the material
generated between collection periods.
(7) All waste materials collected by a Hauler shall become the property of the Hauler
immediately upon the collection thereof and shall immediately be removed and
conveyed to a legally permitted facility for disposal of solid waste or for processing
of recyclable materials or organic materials.
(8) Haulers shall provide adequate number of vehicles and equipment for performing
collection services which shall be kept clean on the inside and out, be in good repair,
free of damage, and shall be in compliance with all safety standards. Haulers shall
provide suitable operational and safety training for any employees who utilize or
operate vehicles or equipment for collection of solid waste, recyclable materials, or
organic waste, or who are otherwise directly involved in such collection.
(9) It is unlawful for any person to collect, haul, or transport for hire Solid Waste,
Recyclable Materials, and Organic Materials on any roadway within the City unless
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there is in force, with respect to such person, a contract with the City to engage in
such occupation, as provided in this chapter, with the exception of providers of
temporary rental services for debris boxes or roll-off containers, who shall comply
with the other provisions of this Section and all other requirements for collection
and transportation of Solid Waste, Recyclable Materials, and Organic Materials.
(10) The provisions of this Section shall not apply to persons or business establishments
self-hauling household, industrial, or commercial waste or residue from their own
premises; however, those exempt from the requirements of this Section shall not
create a public or private nuisance and shall comply with all other requirements for
collection and transportation of solid waste, recyclable materials, and organic
materials, including self-hauler requirements noted in Section 6-4.112.
(11) Haulers shall perform all collection, transportation, and processing/disposal
operations in accordance with applicable federal, state, and local laws, and in
accordance with all regulations promulgated under such laws, and in accordance
with the terms and conditions of this Chapter.
(b) Requirements for Facility Operators and Community Composting Operations
(1) Owners of facilities, operations, and activities located in the City’s boundaries that
recover Organic Waste, including, but not limited to, Compost facilities, in-vessel
digestion facilities, and publicly-owned treatment works shall, upon City request,
provide information regarding available and potential new or expanded capacity at
their facilities, operations, and activities, including information about throughput
and permitted capacity necessary for planning purposes. Entities contacted by the
City shall respond within 60 days.
(2) Community Composting operators with operations located in the City’s boundaries,
upon City request, shall provide information to the City to support Organic Waste
capacity planning, including, but not limited to, an estimate of the amount of
Organic Waste anticipated to be handled at the Community Composting operation.
Entities contacted by the City shall respond within 60 days.
(3) Owners of facilities, operations, and activities located in the City’s boundaries that
receive Recyclable Materials, Organic Materials, and/or Solid Waste shall provide
to the City, on a quarterly basis, copies of all reports they are required to report to
CalRecycle under 14 CCR.
6-4.112 Self-Hauler Requirements
(a) A Single-Family Generator or Single-Family Responsible Party that Self-Hauls Recyclable
Materials, Organic Materials, or Solid Waste is not required to record or report information
in Section 6.4112(f) through (h).
(b) Every Self-Hauler shall Source Separate its Recyclable Materials and Organic Materials
(materials that City otherwise requires Generators or Responsible Parties to separate for
collection in the City’s Recyclable Materials and Organic Materials collection program)
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generated on-site from Solid Waste in a manner consistent with 14 CCR Section 18984.1
and the City’s collection program. Self-Haulers shall store their materials as described in
subsection (c) below. Self-Haulers shall deliver their materials to facilities described in
subsection (d) below. Alternatively, Self-Haulers may choose not to Source Separate
Recyclable Materials and Organic Materials and shall haul its Solid Waste (that includes
Recyclable Materials and Organic Materials) to a High Diversion Organic Waste
Processing Facility subject to advance written approval by the City.
(c) Self-Haulers shall store their solid waste, recyclable materials, and organic materials in
watertight, impervious containers having close-fitting lids and shall be constructed of
substantial, nonabsorbent materials. All solid waste, recyclable materials, and organic
materials are to be stored in containers which are sufficient in size to hold all such waste
without spilling or causing litter or a nuisance. Paper or plastic bags may be used if they
are of sufficient strength to resist puncture or attack by animals. Containers for refuse
should be of an adequate size and in sufficient number to contain, without overflowing, all
the refuse that the Self-Hauler generates within the designated removal period.
(d) Self-Haulers that Source Separate their Recyclable Materials and Organic Materials shall
haul their Source Separated Recyclable Materials to a facility that recovers those materials;
haul their Source Separated Organic Waste to a facility, operation, activity, or property that
processes or recovers Source Separated Organic Waste; and haul their Solid Waste to a
disposal facility or transfer facility or operation that processes or disposes of Solid Waste.
(e) No Solid Waste, Recyclable Materials, Organic Materials, or C&D Materials shall be
removed and carried on and along the streets and alleys of the City except that the same is
carried, conveyed, or hauled in conveyances so constructed as to be absolutely dustproof
and waterproof, and so arranged as not to permit dust or liquids or other matter to shift
through or fall upon the streets and alleys. The contents of such conveyances must be
further protected so as to prevent the same from being blown upon the streets, alleys, and
adjacent lands. Any materials that do permit dust or liquids or other matter to land upon or
be blown upon for any reason shall be cleaned up immediately.
(f) Self-Haulers that are Responsible Parties of Commercial Businesses or Multi-Family
Premises shall keep records of the amount of Recyclable Materials, Organic Materials, and
Solid Waste delivered to each facility, operation, activity, or propert y that processes or
recovers Recyclable Materials and Organic Materials and processes or disposes of Solid
Waste or shall keep records of Solid Waste delivered to High Diversion Organic Waste
Processing Facilities. These records shall be subject to review by the City and/or its
Designee(s). The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the Recyclable
Materials, Organic Materials, and Solid Waste.
(2) The amount of material in cubic yards or Tons transported by the Generator or
Responsible Party to each entity.
(3) If the material is transported to an entity that does not have scales on-site or employs
scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to
determine the weight of materials received, the Self-Hauler is not required to record
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the weight of material but shall keep a record of the entities that received the
Recyclable Materials, Organic Materials, and Solid Waste.
(g) Self-Haulers shall retain all records and data required to be maintained by this Section for
no less than five (5) years after the Recyclable Materials, Organic Materials, and/or Solid
Waste was first delivered to the facility accepting the material.
(h) Self-Haulers that are Commercial Businesses or Multi-Family Premises shall provide
copies of records required by this Section to City if requested by the City Manager or
Designee and shall provide the records at the frequency requested by the City Manager or
Designee(s).
(i) Self-Haulers shall obtain permits from the City prior to commencing self-haul operations,
which may be reviewed by the City or its Designee(s) or the Contractor at least once
annually. In order to receive a Self-Haul Permit from the City, Self-Haulers must:
(1) Apply for a Self-Haul Permit by submitting a Self-Haul Application, available from
the City online or in person at City Hall, which states that they understand the
requirements for Self-Haulers and agree to follow the requirements of this Section
and Chapter.
(2) Receive approval notice and permit from the City, which certifies that the applicant
understands the requirements for Self-Haulers and agrees to follow the
requirements of this Section and Chapter. Self-Haulers shall not commence Self-
Haul operations prior to receiving a Self-Haul Permit from the City or its
Designee(s).
6-4.113 Scavenging, Unlawful Dumping, and Public Nuisances Prohibited
(a) Scavenging is prohibited; it is unlawful for any person to engage in the act of scavenging.
For purposes of this Section, “scavenging” means engaging in any of the following
activities:
(1) Tampering or meddling with a container for Solid Waste, Recyclable Materials, or
Organic Materials;
(2) Tampering or meddling with the contents of any container for Solid Waste,
Recyclable Materials, or Organic Materials;
(3) Removing the contents of any container for Solid Waste, Recyclable Materials, or
Organic Materials;
(4) Removing any container for Solid Waste, Recyclable Materials, or Organic
Materials from the location where the container has been placed by the owner of
the container or owner’s agent or employee; or
(5) Removing, tampering, or meddling with any Solid Waste, Recyclable Materials, or
Organic Materials set out for collection, pursuant to the provisions of this chapter,
on private property or on any sidewalk, street, or public right-of-way.
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(6) The provisions of this Section do not apply to:
(A) A contractor or its agents or employees performing under the authority of its
contract;
(B) A City agent performing within the authority of the City; or
(C) The owner of the waste or of the container, including the owner’s authorized
agents and employees.
(7) It is declared to be an infraction for any person, other than those individuals listed
in subsection (6) above, to violate any provision of this Section.
(b) Unlawful Dumping Prohibited. No person shall dump, deposit, release, spill, leak, pump,
pour, emit, empty, discharge, inject, bury, or dispose into the environment (including by
abandonment or discarding of barrels, containers and other closed receptacles of solid,
hazardous, or liquid waste of any kind whatsoever) any solid or liquid waste upon any
premises within the City, or to cause, suffer, or permit any solid or liquid waste to come to
be located upon any premises in the City, except in an authorized or permitted solid waste,
recyclable materials, and organic materials container or at an authorized or permitted waste
facility approved for that type of waste.
(c) Public Nuisance. To protect public health, safety, and well-being and to prevent the spread
of vectors, it is unlawful and a public nuisance for any person or entity to violate any term
of this chapter. For these same reasons, it is a public nuisance for any person or entity to
occupy, inhabit, maintain, or to be in day-to-day control of any premises within the City
which generates waste for which arrangements have not been made with a franchised
Contractor, a Contractor with continuation rights recognized by the City, or without
obtaining a self-haul permit from the City; for regular collection and removal of solid
waste, recyclable materials, and organic materials.
(d) Careless disposal of solid waste, Recyclable Materials, and Organic Materials.
(1) No person shall place or dump, or hire any person to place or dump, any Solid
Waste, Recyclable Materials, or Organic Materials upon the right-of-way of any
public highway, street, or thoroughfare, or upon the banks of any stream or dry
watercourse, or upon the private property of any person, inhabited or uninhabited,
within the City except with the permission of the Health Officer.
(2) Disposal of hazardous wastes shall be governed by Health and Safety Code
Sections 25190 and 25191 and Title 23 California Administrative Code,
commencing with Section 2500, Waste Disposal to Land.
6-4.114 Inspections and Investigations
(a) City representatives or its Designee(s) 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 chapter by Generators,
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Responsible Parties of Single-Family Premises, Responsible Parties of Commercial
Businesses, Responsible Parties of Multi-Family Premises, Commercial Edible Food
Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery
Organizations, subject to applicable laws. This Section does not allow City or its Designee
to enter the interior of a private Single-Family Dwelling residential property for Inspection.
(b) Entities regulated by this chapter shall provide or arrange for access during all Inspections
(with the exception of Single-Family Dwelling residential property interiors) and shall
cooperate with the City’s representative or its Designee during such Inspections and
investigations. Such Inspections and investigations may include confirmation of proper
placement of materials in containers, inspection of Edible Food Recovery activities, review
of required records, or other verification or Inspection to confirm compliance with any
other requirement of this chapter. Failure of a Responsible Party to provide or arrange for:
(i) access to an entity’s Premises; or (ii) access to records for any Inspection or
investigation is a violation of this chapter and may result in penalties described in Section
6-4.115.
(c) Any records obtained by a City or its Designee during its Inspections and other reviews
shall be subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives or their Designee are authorized to conduct any Inspections, or other
investigations as reasonably necessary to further the goals of this chapter, subject to
applicable laws.
(e) City or its Designee shall receive written complaints from persons regarding an entity that
may be potentially non-compliant with SB 1383 Regulations, including receipt of
anonymous complaints.
(f) City representatives and/or their Designee are authorized to provide informational notices
to entities regulated by this chapter regarding compliance with this chapter.
6-4.115 Enforcement
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a Notice
of Violation and assessment of a fine by a City Enforcement Official or designee.
Enforcement Actions under this chapter are issuance of an administrative citation and
assessment of a fine. The City’s procedures on imposition of administrative fines as
specified in Title 12 Code Enforcement of the City’s code 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 chapter and any
rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this
chapter.
(b) Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. City may choose to delay court action until
Page 78 of 116
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/22/22
1A
such time as a sufficiently large number of violations or cumulative size of violations exist
such that court action is a reasonable use of City staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this chapter may be undertaken by the City or County
Enforcement Official, which may be the City Manager or their designated entity,
legal counsel, or combination thereof.
(2) Enforcement may also be undertaken by a County Enforcement Official, designated
by the County, in consultation with City Enforcement Official / District.
(3) City Enforcement Official(s) may issue Notices of Violation(s).
(d) Process for Enforcement
(1) City Enforcement Officials and/or their Designee will monitor compliance with the
Chapter through Compliance Reviews, Route Reviews, investigation of
complaints, and an Inspection program. City Enforcement Officials and/or their
designee may also monitor compliance with the chapter randomly. Section 6-4.114
and Title 12 of the Atascadero Municipal Code establishes City’s right to conduct
Inspections and investigations.
(2) City may issue an official notification to notify regulated entities of its obligations
under the chapter.
(3) For incidences of Prohibited Container Contaminants found in containers, City or
its designee will issue an informational notice of contamination to any Generator
or Responsible Party found to have Prohibited Container Contaminants in a
container. Such notice will be provided via a cart tag or other communication
immediately upon identification of the Prohibited Container Contaminants or
within 60 days after determining that a violation has occurred. If the City or its
Designee observes Prohibited Container Contaminants in a Responsible Party’s
containers on more than three (3) consecutive occasion(s), the City or its Designee,
or the Contractor, may assess contamination processing fees or contamination
penalties on the Generator.
(4) With the exception of violations of contamination of container contents, City shall
issue a Notice of Violation requiring compliance within 60 days of issuance of the
notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of
Violation, City shall commence an action to impose penalties, via an administrative
citation and fine.
(6) Notices shall be sent to “owner” at the official address of the owner maintained by
the tax collector for the County Assessor or if no such address is available, to the
owner at the address of the Multi-Family Premises or Commercial Premises or to
the Responsible Party for the collection services, depending upon available
information.
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ATTACHMENT:
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(e) Penalty Amounts for Types of Violations
The penalty levels are as follows, as prescribed by Section 12-1.04 and Section 12-2.02 of
the Atascadero Municipal Code and any other applicable code or regulation:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $500
per violation.
(f) Compliance Deadline Extension Considerations
City may extend the compliance deadlines set forth in a Notice of Violation issued in
accordance with this Section 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 City 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 City’s procedures in
the City’s codes for appeals of administrative citations. Evidence may be presented at the
hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a
final written order.
(h) Education Period for Non-Compliance. Beginning January 1, 2022 and through December
31, 2023, City or its Designee will conduct Inspections, Route Reviews or waste
evaluations, and Compliance Reviews, depending upon the type of regulated entity, to
determine compliance, and if City or its Designee determines that Generator, Responsible
Party, 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 chapter 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 City determines
that a Generator, Responsible Party, Self-Hauler, hauler, Tier One or Tier Two Commercial
Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other
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entity is not in compliance with this chapter, it shall document the noncompliance or
violation, issue a Notice of Violation, and take Enforcement Action pursuant to this
Section, as needed.
Page 81 of 116
ITEM NUMBER: C-1
DATE:
ATTACHMENT:
02/22/22
2
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
AUTHORIZING THE SUBMITTAL, TO CALRECYCLE, OF A
NOTIFICATION OF INTENT TO COMPLY WITH THE
REQUIREMENTS OF SENATE BILL 1383 AND TO SECURE
ADMINISTRATIVE CIVIL PENALTY RELIEF UNDER THE
PROVISIONS OF SENATE BILL 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has
adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383
(Lara, 2016), 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 of Atascadero is a local jurisdiction required to comply with the
Regulations; and
WHEREAS, the City of Atascadero is or expects to be facing continuing violations of the
Regulations commencing during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of
the Public Resources Code (Statute), created a mechanism called a Notification of Intent to
Comply 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 eligi ble for a
broader and longer-term regulatory compliance path, including suspended administrative civil
penalties, through a corrective action plan; and
WHEREAS, the City of Atascadero is a local jurisdiction authorized by the Statute to
submit a Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly
adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by this reference.
SECTION 2. Adoption. The City Council of the City of Atascadero by and through its
City Manager hereby formally adopts the Notification of Intent to Comply attached hereto and
incorporated herein as Exhibit “A.”
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ATTACHMENT:
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2
SECTION 3. Submittal. The City Council of the City of Atascadero hereby authorizes
directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as
Exhibit “A” to CalRecycle for approval pursuant to Statute.
SECTION 4. Certification. By submitting the Notification of Intent to Comply pursuant
to and subject to the above referenced requirements, the City of Atascadero represents and certifies
that it will implement the proposed actions to remedy the violations according to the proposed
schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
SECTION 5. Acknowledgement. The City of Atascadero by and through its City Manager
also acknowledges and agrees to comply with any maximum compliance deadline in any corrective
action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under
the circumstances for the correction of any violation(s) of the Statute and Regulations identified
in its Notification of Intent to Comply.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ______
day of ___________, 2022.
On motion by Council Member ___________ and seconded by Council Member
______________, the foregoing Resolution is hereby adopted in its entirety on the following roll call
vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
Page 83 of 116
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a
county and city, or special districts providing solid waste collection services) for purposes of
submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC)
section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the
Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code
of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the
jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to
NOIC@CalRecycle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1.A description, with specificity, of the continuing violations.
2.A detailed explanation of the reasons, supported by documentation, why the local jurisdiction
is unable to comply.
3.A description of the impacts of the COVID-19 pandemic on compliance.
4.A description of the proposed actions the local jurisdiction will take to remedy the violations
within the timelines established in 14 CCR section 18996.2 with a proposed schedule for
doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to
comply, a jurisdiction may be eligible for both of the following:
1.Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section
42652.5(d).
2.A corrective action plan pursuant to 14 CCR section 18996.2.
a.CalRecycle may address through a corrective action plan any violations disclosed in a
jurisdiction’s notification that will take more than 180 days to correct. In this situation,
the proposed actions and schedule in the jurisdiction’s approved notification will be in
effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its
notification with an approval, disapproval, request for additional information, or timeline for a
decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not
meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s
notification.
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 2AATTACHMENT: 2A
Page 84 of 116
□ □ □ □
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Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: County:
Person Completing the Form:
First Name: Last Name:
Title:
Mailing Address:
City: Zip Code:
Email Address:
Phone Number:
1. Select using the check boxes below or write in the continuing violations for each applicable
regulatory section. For each selection, please describe the specific violations related to the
regulatory section.
Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
ii. Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is
not included since the requirements are further specified in sections 18984.1-18984.11.
(B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
(C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services
(D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
(E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization
(G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
(H) 14 CCR section 18984.7 Container Color Requirements
(I) 14 CCR section 18984.8 Container Labeling Requirements
(J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
(K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
(L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
(M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with
Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers
(O) 14 CCR section 18988.3. Self-haulers of Organic Waste
(P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 2AATTACHMENT: 2A
Page 85 of 116
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(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
(T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food
Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
(V) 14 CCR section 18992.2. Edible Food Recovery Capacity
(W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
(X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
(Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper
Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting
Note: This requirement is not included since jurisdictions are still expected to report to
CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be
completing this action due to the requirements of PRC Chapter 12.9 (commencing with
Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements
(DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations
Note: This requirement is not included since jurisdictions are still expected to investigate
complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not
reflected above and describe the specific violations related to the regulatory section.
Example:
☒ (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
(1)
(2)
(3)
(4)
(5)
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 2AATTACHMENT: 2A
Page 86 of 116
------------------------------ ------------------------------ ------------------------------ ----------------------------
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations
with a proposed schedule for completing each action. The proposed actions shall be tailored to
remedy the violations in a timely manner. See optional format below.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
Signature Printed Name Title Date
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 2AATTACHMENT: 2A
Page 87 of 116
By 2025, no less than 20% of edible food
currently disposed in landfills must also be
recovered for human consumption
NEW REGULATION TOOK EFFECT ON JANUARY 1, 2022 AND
ESTABLISH STATEWIDE GREENHOUSE GAS EMISSION REDUCTION GOALS:
SB 1383 is the most aggressive waste reduction law to be adopted in California
for the past 30 years. The law will affect almost everyone, and unlike previous
laws, jurisdictions may issue penalties for non-compliance. A summary of
requirements is provided in this guide, and free educational resources and
assistance are available to help you achieve compliance.
GUIDE TO CALIFORNIA SB 1383
Short-lived Climate Pollutants
By 2025, reduce the amount of
organic material disposed in landfills by
75% from the 2014 level.
For more information call (805) 782-8530
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 88 of 116
SOLVING THE CLIMATE CRISIS
California is experiencing a climate crisis: record-breaking temperatures, longer fire seasons, extreme
droughts, and rising sea levels. These extreme weather events are partly caused by too much greenhouse
gas in the atmosphere, so named because they trap the sun’s heat and warm the planet.
When organic materials such as food and yard debris end up in the landfill, they decompose anaerobically
(without oxygen) and produce greenhouse gases. Composting organic materials significantly reduces
greenhouse gas production. Furthermore, when finished compost is applied on land, greenhouse gases
are pulled from the atmosphere and into the soil. By composting organic materials and recovering
edible food for hungry people, we can all do our part to slow climate change.
In San Luis Obispo County, food scraps and yard debris are collected in green carts which are then
sent to composting facilities. Each jurisdiction has a contract with one of the following franchised
hauling companies to provide collection service for garbage, recycling, and organic materials (food
scraps and plant trimmings):
Mission Country Disposal
(805)543-0875
Morro Bay Garbage
(805)543-0875
San Luis Garbage
(805)543-0875
South County Sanitary Srvcs
(805)543-0875
Mid State Solid Waste & Recycling
(805)434-9112
San Miguel Garbage
(805)467-9283
Paso Robles Waste & Recycle
(805)238-2381
Waste Management
(805)466-3636
Franchised Hauling Companies
2
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 89 of 116
WHO IS IMPACTED?
The SB 1383 regulations apply to all persons and entities that generate organic materials, such as food
scraps and plant trimmings. Everyone is required to divert their organic materials from the garbage. In
addition, certain entities that provide food will be required to donate their excess food to feed people.
RESIDENTS including those
living in single-family homes
or multi-family buildings
COMMERCIAL ENTITIES
such as for-profit and non-profit
organizations, government
offices and agencies, and
industrial facilities
NON-LOCAL ENTITIES
such as state/federal facilities,
and prisons
EDUCATION AGENCIES
such as schools, community
colleges, and universities
3
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 90 of 116
ORGANICS GARBAGERECYCLE
REQUIREMENTS FOR RESIDENTS
Both single-family and multi-family residents are
required to have regular collection service for
garbage, recycling, and organic materials (food
scraps and plant trimmings). Residents will have
to properly separate their recycling and organics
from the garbage. Don’t know what goes where?
Visit www.iwma.com
NOTE: Managers and owners of multifamily buildings
have additional responsibilities. Please see page 6 on
Requirements for Commercial Entities.
ORGANICS GARBAGERECYCLE
4
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 91 of 116
Examples of non-local entities are, state agencies, and federal facilities. Examples of education agencies
include universities, school districts, charter schools, and community colleges.
• Subscribe to organics collection service in addition to garbage and recycling through a franchised
hauling company. Alternatively, self-haul is permissible as long as organics and recyclables are not
landfilled, and records of receipts and weight tickets are kept for 5 years.
• Provide recycling and organics collection containers in all areas where a garbage container is located,
except for restrooms. The collection containers must conform to the color scheme: green for organics,
blue for recycling, gray for garbage. *
• Prohibit employees from placing organics in the garbage.
• Periodically inspect the recycling and organics containers for contamination and if any is found,
provide information/education to correct behavior.
• Provide education to employees on how to prevent generation of organic materials (source reduction).
REQUIREMENTS FOR
NON-LOCAL ENTITIES AND
EDUCATION AGENCIES
5
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 92 of 116
These requirements apply to for-profit and non-profit businesses, including multifamily
residential properties, government offices, and industrial facilities.
• Subscribe to organics collection service in addition to garbage and recycling
through a franchised hauling company. Alternatively, self-haul is permissible as long
as organics and recyclables are not landfilled and records of receipts and weight
tickets are kept for 5 years.
• Provide organics and recycling containers to employees, contractors, tenants,
and customers.
There must be access to an adequate number, size, and location of containers.
Containers for organics and recycling must be provided in all areas where
garbage containers are present, except for restrooms or inside multifamily
dwelling units.
Container bodies or lids shall conform to the following color scheme: gray for
garbage, blue for recycling, and green for organics. In addition, containers shall
have labels with graphic images to indicate primary materials accepted and
prohibited.*
• Annually provide educational information to tenants and staff about the requirements
to separate organics and recycling from the garbage. In addition, education must be
provided on how to properly sort the three waste streams into correct containers.
Please note, for new tenants, this information must be provided before or within 14
days of move-in.
• Periodically inspect recycling and organics containers and inform employees if
contamination is found.
REQUIREMENTS FOR
COMMERCIAL ENTITIES
* Visit www.iwma.com website to download free labels and posters.
6
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 93 of 116
FOOD RECOVERY AND DONATION
REQUIREMENTS
TIER ONE COMMERCIAL ENTITIES
Tier one and tier two commercial edible
food generators are required to donate the
maximum amount of excess edible food to
feed people.
• Supermarkets
• Grocery stores with facilities >10,000 sq. ft
• Food service providers (contracted)
• Food distributors
• Wholesale food vendors
REQUIRED TO COMPLY STARTING JANUARY 1, 2022
TIER TWO COMMERCIAL ENTITIES
• Restaurants with 250 or more seats, or a
total facility size >5,000 sq. ft.
• Hotels with an on-site food facility and
>200 rooms
• Health facilities with an on-site food
facility and >100 beds
• Large venues that annually seat or serve
an average of >2,000 individuals per day
of operation
• Large events that serves an average of
>2,000 individuals per day of operation
• State agencies with a cafeteria with >250
seats, or a total cafeteria facility size
>5,000 sq. ft.
• Local education agencies with an on-site
food facility
REQUIRED TO COMPLY STARTING JANUARY 1, 2024
A contract or written agreement must be
maintained with food recovery service(s)
or organization(s) to pick up or receive
edible food.
A record must also be kept indicating
the types of food being donated, pounds
donated per month, frequency of
donations, and the contact information of
the contracted food recovery service(s)
and/ or organization(s).
Generators shall not intentionally spoil
food that can be recovered.
Large venues or large event operators
that do not provide food services, but
allow for food to be provided, shall require
food facilities operating on site to comply
with the above organics diversion and
food recovery requirements.
The SLO Food Bank can help commercial entities gain compliance with SB 1383 by collecting donations,
or by connecting entities to their 80+ partner agencies who serve those in need through SLO County.
https://www.slocounty.ca.gov/Departments/Health-Agency/Public-Health/Environmental-Health/
Forms-Documents/Reference-Materials/Food-Program-Reference-Documents/General-Food-
Program-Reference-Materials/Safe-Surplus-Food-Donation-Guide-in-8-Steps.pdf
info@slofoodbank.org
(805) 238-4664
7
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 94 of 116
Commercial entities, non-local entities, and education agencies may
be exempted from some or all of the requirements if they can provide
documentation or evidence to support one of the following reasons. Please
note that “solid waste” is defined as the entire waste stream, including
garbage, recycling, and organics.
• De Minimis: minimal organic material is generated.
If an entity produces more than 2 cubic yards of total solid waste per
week, minimal organic material means less than 20 gallons.
If an entity produces less than 2 cubic yards of total waste per week,
minimal organic material means less than 10 gallons.
• Physical Space Constraints: the premises lack adequate space to fit all
three containers (garbage, recycling, and organics).
WAIVERS FOR BUSINESSES
WE’RE HERE TO HELP.
Give us a call at (805)782-8530 or
Email questions to iwma@iwma.com
Free resources and more information can be found at
https://iwma.com/sb-1383/
8
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 3
Page 95 of 116
SB 1383
Reducing Short -Lived
Climate Pollutants in
California
An Overview of SB 1383’s
Organic Waste Reduction
Requirements
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 96 of 116
Organic Waste Is the Largest Waste Stream in California
CALIFORNIA DISPOSED OF
APPROXIMATELY
27 MILLION TONS OF
ORGANIC WASTE IN 2017
California’s Waste Stream
Non -Organic
Waste 33%
Other
Organics
19%
Paper 18%
Food 18%
Lumber
12%
IN CALIFORNIA, MILLIONS ARE
FOOD INSECURE
1 IN 8 CALIFORNIANS
1 IN 5 CHILDREN
CALIFORNIA THROWS AWAY
MORE THAN 6 MILLION TONS
OF FOOD WASTE EVERY YEAR !
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 97 of 116
CLIMATE CHANGE NEGATIVELY IMPACTS CALIFORNIA
Landfilled Organic Waste Emits
Methane Gas—
A Super Pollutant
More Powerful than C02
Methane Gas Contributes to
Climate Change in California
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 98 of 116
20 PERCENT INCREASE IN RECOVERY OF CURRENTLY
DISPOSED EDIBLE FOOD2025
75 P ERCENT REDUCTION IN LANDFILLED ORGANIC WASTE
(5.7 Million Tons Allowed Organic Waste Disposal)2025
REGULATIONS TAKE EFFECT2022
50 P ERCENT REDUCTION IN LANDFILLED ORGANIC WASTE
(11.5 Million Tons Allowed Organic Waste Disposal)2020
SB 1383 Requirements
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 99 of 116
SB 1383 Key Implementation Dates
2016-2019
September
2016
SB 1383
Adopted
Jan. 2019
Two Years of
Informal Rulemaking
Ends. Formal
Rulemaking Begins
Late 2019/Early 2020 20% Increase in
Edible Food
Recovery
75% Reduction
in Organics
Disposal
January 1, 2025
2025
Regulations Require
Local Governments
to Take Enforcement
Jan. 1, 2024
20242023
Regulations Take
Effect and State
Enforcement
Begins
Jan. 1, 2022
20222021
50 Percent
Reduction in Organic
Waste Disposal
Jan. 1, 2020
2020
Regulations Adopted
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 100 of 116
Starting January 1, 2024
Jurisdictions must take
action against non
compliant entities
2024
Capacity Planning
Procurement
Conduct Education and
Outreach
Establish Edible Food
Recovery Program
Provide Organics Collection
Service to All Residents and
Businesses
2022
SB 1383 Key Jurisdiction Dates
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 101 of 116
Monitor Compliance
and Conduct
Enforcement
Secure Access to
Recycling and Edible
Food Recovery Capacity
Procure Recyclable and
Recovered Organic
Products
Conduct Education and
Outreach to Community
Establish Edible Food
Recovery Program
Provide Organics
Collection Services to All
Residents and Businesses
Jurisdiction Responsibilities
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 102 of 116
Public
Transportation
Fleets
Environmental
Health
Public
Parks
Public
Works
Purchasing
Finance
Legal
City Manager
CAO
City Council
Board of
Supervisors
SB 1383 doesn’t just apply
to waste management and
recycling departments.
Every local department
plays a role in SB 1383
implementation.
SB 1383 IN ACTION
LOCAL GOVERNMENT
ROLES AND
RESPONSIBILITIES
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 103 of 116
•Minimum contamination monitoring and reduction requirements
•Collection waivers authorized for certain documented circumstances
One-Container Collection Service
•One container for collection of mixed waste (subject to
75% organic content recovery standard)
Two -Container Collection Service
•One container for collection of segregated
organic waste
•One container for collection of mixed waste
(subject to 75% organic content recovery standard)
Three-Container “source separated” Collection
Service
•Organics prohibited from black container
•All organic waste segregated for collection and
recycling
Organic Waste Collection Services
Provide organics collection
service to all residents and
businesses
SB 1383 IN ACTION
JURISDICTION
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 104 of 116
Ensure
Commercial
Edible Food
Generators Have
Access to Food
Recovery Services
Monitor
Commercial Edible
Food Generators
for Compliance
Expand Existing
Food Recovery
Capacity
(if needed)
Identify Existing
Food Recovery
Capacity
Establish Edible Food
Recovery Program
SB 1383 IN ACTION
EDIBLE FOOD
RECOVERY
PROGRAM
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 105 of 116
Appropriate educational material must be provided to
linguistically isolated households
Jurisdictions May Supplement
with Direct Communication.
Jurisdictions must provide print
or electronic communication.
Annually educate all organic waste generators, commercial edible
food generators, and self-haulers about relevant requirements
Conduct Education and
Outreach to Community
SB 1383 IN ACTION
EDUCATION
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 106 of 116
Close
the
Loop
PAPER PROCUREMENT
REQUIREMENTS
•Recycled Content
•Recyclability
COMPOST, RNG & ELECTRICITY
•Minimum Procurement
JURISDICTION REQUIREMENTS
Procure Recycled and
Recovered Organic
Products
SB 1383 IN ACTION
PROCUREMENT
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 107 of 116
Model Water Efficient
Landscape Ordinance
(MWELO) requirements for
compost and mulch
application.
Recycling organic waste
commingled with C&D
debris, to meet CalGreen
65% requirement for C&D
recycling in both residential
and non -residential projects
Construction & Landscaping Requirements
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 108 of 116
SB 1383 Requires 50 -100
New or Expanded
Organic Waste Recycling Facilities
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 109 of 116
Evaluating Current
Infrastructure and Planning
New Compost and AD
Facilities and Edible Food
Recovery
SB 1383 IN ACTION
INFRASTRUCTURE
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 110 of 116
Annual Compliance
Reviews
Route Reviews,
Inspections,
Notice of Violations,
Penalties for
Violators
Compliance
Monitoring &
Enforcement
2024
Annual
Compliance
Reviews, Route
Reviews,
Inspections
Educate Violators
Compliance
Monitoring &
Education
2022-2024
Adopt an Ordinance
(Enforceable
Mechanism)
Including
Enforcement
Ordinance
2022
JURISDICTION REQUIREMENTS
Monitor Compliance and
Conduct Enforcement
SB 1383 IN ACTION
INSPECTION AND
ENFORCEMENT
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 111 of 116
Requirements Harmonize with AB 1826 and Don’t
Establish a Minimum Quantity of Physical Inspections
Must Have Enforcement and Inspection
Program that Includes:
•Annual Compliance Review
•Commercial Businesses that Generate >2 Cubic Yards/week
•Verify Businesses are:
•Subscribed to Service or Self -hauling
•2 or 3 Container Collection Service: Route Reviews of
Commercial/Residential Areas to Verify Service and Inspect for
Contamination
•Single Unsegregated Collection Service: Verify Businesses are
subscribed to a service that is Transporting Contents to a High
Diversion Organic Waste Processing Facility
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 112 of 116
Commercial Edible Food Generator Inspections Can Be
Combined with Existing Mandatory Inspections
Must Have Enforcement and
Inspection Program that Includes:
•Inspections to verify:
•Edible food Recovery arrangements
•Tier 1 Commercial Edible Food Generators by
2022
•Tier 2 Commercial Edible Food Generators by
2024
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 113 of 116
Jurisdiction
Inspection &
Enforcement
Commercial
Edible Food
Generators
Recycled
Paper
Procurement
Recycled
Organic Waste
Procurement
Edible Food
Recovery
Program
Education &
Outreach
WaiversContamination
Minimization
Hauler
Program
Organic
Collection
Services
Recordkeeping Requirements:
Maintain Records and
Report to CalRecycle
JURISDICTION
REQUIREMENTS
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 114 of 116
If Violations
•Issue Notices of
Violation
•May Authorize
Corrective
Action Plan
•Allows up to 24
months to
address barriers
outside of a
jurisdiction’s
control
Oversee and
Monitor for
Compliance
Jurisdiction Review
•Conduct joint
inspections with
jurisdictions
•Review
Implementation
Record
Authorize Waivers
•Low Population
•Rural Areas
Emergency
Circumstances
Oversee and Monitor
•State Agencies
and Facilities
•Local Education
Agencies
STATE
ENFORCEMENT
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 115 of 116
STAY
ENGAGED
https://www2.calrecycle.ca.gov/Listservs/
Subscribe/152
https://www.calrecycle.ca.gov/organics/slcp
Presenter’s
Contact Info
ITEM NUMBER: C-1
DATE: 02/22/22
ATTACHMENT: 4
Page 116 of 116