Report to Mayor and City Council
Tuesday, November 16, 2021
Ordinance Second Reading
SUBJECT:
Title
APPROVE THE SECOND READING TO ADOPT ORDINANCE NO. 21-2121, ADDING CHAPTER 11 TO ARTICLE V OF THE CARSON MUNICIPAL CODE TO ENACT REGULATIONS IN COMPLIANCE WITH SENATE BILL 1383 FOR FOOD AND ORGANICS RECYCLING AND RELATED SOLID WASTE AND RECYCLING PROCESSING AND REPORTING
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I. SUMMARY
On November 3, 2021, under Item No. 29 of Council Agenda, the City Council voted by 4 AYES to introduce Ordinance No. 21-2121 (Exhibit No. 2 hereto). City staff requests that the City Council approve the second reading to adopt Ordinance No. 21-2121 to amend Article V of the Carson Municipal Code (CMC) by adding new Chapter 11 to enact regulations for organics waste disposal reduction, recycling, and solid waste collection to comply with Senate Bill 1383 (SB 1383), and adopt an exemption for the Ordinance from CEQA.
II. RECOMMENDATION
Recommendation
CONDUCT a Second Reading by Title Only and with further reading waived, and ADOPT “Ordinance No. 21-2121: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING CHAPTER 11 TO ARTICLE V (COMMENCING WITH SECTION 51101 ET SEQ.) OF THE CARSON MUNICIPAL CODE, ENTITLED ‘SPECIFIC REGULATIONS FOR ORGANIC WASTE DISPOSAL REDUCTION, RECYCLING AND SOLID WASTE COLLECTION,’ TO ENACT REGULATIONS IN COMPLIANCE WITH SENATE BILL (SB) 1383 FOR THE IMPLEMENTATION OF FOOD AND ORGANICS RECYCLING AND RELATED SOLID WASTE AND RECYCLING PROCESSING AND REPORTING; ADOPTION OF AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
(Exhibit 1)
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III. ALTERNATIVES
TAKE any other action the City Council deems appropriate and consistent with California state law.
IV. BACKGROUND
On November 3, 2021, the City Council introduced Ordinance No. 21-2121 (Exhibit No. 1) to mandate organic waste generators, haulers, and other entities subject to SB 1383 regulations to comply with the SB 1383 regulations set forth in CMC Chapter 11 of Article V. The Ordinance includes requirements for generators to participate in organic waste collection programs or self-haul organic waste to specified facilities for processing; multi-family and business owners and property managers to support organic waste disposal reduction; commercial edible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and certain recordkeeping, contamination monitoring, procurement and public outreach/education requirements.
V. FISCAL IMPACT
SB 1383 implementation will entail additional staffing and administrative costs to the City and Waste Resources, as well as capital outlays by Waste Resources and the City, potentially in the form of additional contractual agreements with vendors or cooperative arrangements such as Public-Private Partnerships. At this time, an accurate account of additional costs is not known and will not be known until actual program implementation is undertaken. It is anticipated that a portion of the costs associated with SB 1383 implementation will initially be recovered through a refuse and recycling service rate adjustment to be proposed by Waste Resources in the coming year, and/or the recovery of City-incurred costs through administrative fees to be paid by Waste Resources to the City pursuant to Waste Resources’ franchise agreement.
VI. EXHIBITS
1. Ordinance No. 21-2121 (pgs. 3-6) with Text of Proposed New Chapter 11 of CMC Article V Attached Thereto as Exhibit “A” (pgs. 7-34)
2. Post-Council Agenda, Wednesday, November 3, 2021 (pgs. 35-36)
Prepared by: Eliza Jane Whitman, Director of Public Works; Veronica Rodriguez, Right of Way Operations & Maintenance Superintendent; City Attorney's Office