335 ORDINANCE NO. 335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING CHAPTER 8.54 TO TITLE 8
("HEALTH AND SAFETY") OF THE GRAND TERRACE 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
WHEREAS, a city council may make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws; and
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management
Act of 1989 (California Public Resources Code Section 40000, et seq., as amended,
supplemented, superseded, and replaced from time to time), requires cities and
counties to reduce, reuse, and recycle (including composting) solid waste generated in
their jurisdictions to the maximum extent feasible before any incineration or landfill
disposal of waste, to conserve water, energy, and other natural resources, and to
protect the environment;.and
WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-
family property owners that generate a specified threshold amount of solid waste to
arrange for recycling services and requires the City to implement a mandatory
commercial recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi-family property
owners that generate a specified threshold amount of solid waste, recycling, and
organic waste per week to arrange for recycling services for that waste, requires cities
to implement a recycling program to divert organic waste from businesses subject to the
law, and requires cities to implement a mandatory commercial organics recycling
program; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
the California Department of Resources Recycling and Recovery ("Cal Recycle") to
develop regulations to reduce organics in landfills as a source of methane. As adopted
by CalRecycle, these SB 1383 regulations ("SB 1383 Regulations") place requirements
on multiple entities including the City of Grand Terrace, residential households,
commercial businesses and business owners, commercial edible food generators,
haulers, self-haulers, food recovery organizations, and food recovery services to
support achievement of statewide organic waste disposal reduction targets; and
Ordinance No. 335 Page 1 of 3 November 9, 2021 .
WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an
ordinance or other enforceable mechanism to implement relevant provisions of the SB
1383 Regulations, and to reduce community 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, this Ordinance implements the requirements of AB 341, AB 1826, and the
SB 1383 Regulations; and
WHEREAS, on October 27, 2021, the City Council of the City of Grand Terrace held a
duly-agendized meeting on the Ordinance, reviewed and considered the staff report,
other written reports, public testimony and other information contained in the record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts set forth in the recitals in this Ordinance are true and
correct and incorporated by reference. The recitals constitute findings in this matter and,
together with the staff report, other written reports, public testimony and other
information contained in the record, are an adequate and appropriate evidentiary basis
for the actions taken in the Ordinance.
SECTION 2. The Ordinance is consistent with the City's General Plan, the
Grand Terrace Municipal Code, and applicable Federal and State laws.
SECTION 3. The Ordinance will not be detrimental to the public interest, health,
safety, convenience or welfare.
SECTION 4. The City Council finds that this Ordinance is exempt from the
California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines
Sections 15061 (b)(3) and 15308 on the grounds that it can be seen with certainty that
the enhanced solid waste regulations, provided for in this Ordinance, will not have a
significant effect on the environment and that the new requirements, which strengthen
requirements for the handling of solid waste, organics and recyclables, represent
actions by a regulatory agency (the City) for the protection of the environment.
Additionally, the proposed ordinance is not a "Project" for the purposes of CEQA as that
term is defined in CEQA Guidelines Section 15378.
SECTION 5. The Ordinance is hereby adopted by the addition of a new Chapter
8.54, "SPECIFIC REGULATIONS FOR ORGANIC WASTE DISPOSAL REDUCTION,
RECYCLING AND SOLID WASTE COLLECTION," in Title 8 of the Grand Terrace
Municipal Code to read in its entirety as shown in Exhibit "A" attached hereto and
incorporated herein by this reference.
SECTION 6. If the provisions in this Ordinance conflict in whole or in part with
any other City regulation or ordinance adopted prior to the effective date of this section,
the provisions in this Ordinance will control.
Ordinance No. 335 Page 2 of 3 November 9, 2021
SECTION 7. If any subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance. The City Council hereby declare that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, and
phrase thereof not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. This Ordinance shall take effect in accordance with the "Effective
Date" stated in Section 8.54.170 of Exhibit `A", and the City Clerk shall cause it to be
posted and published in a newspaper of general circulation, printed, published and
circulated in the City in the manner required by law and shall cause a copy of this
Ordinance and its certification, together with proof of publication, to be entered in the
Book of Ordinances of the City.
SECTION 9. The City Clerk shall certify as to the passage and adoption of this
Ordinance and shall cause the same to be posted at the designated locations in the City
of Grand Terrace.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Grand Terrace at a regular meeting held on the 9th day of November 2021.
Darcy c
Mayor
ATTEST:
U A�L LAI)
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. 335 Page 3 of 3 November 9, 2021
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 335 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the 9t" day of November 2021, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Wilson; Mayor Pro Tern Hussey; Mayor
McNaboe
NOES: None.
ABSENT: Council Member Robles
ABSTAIN: None.
Executed this 13t" day of November 2021, at Grand Terrace, California.
ebra L. Thomas
City Clerk
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