HomeMy WebLinkAboutResolution 2014-015 N.C.S. 1/27/2014 Resolution No. 2014-015 N.C.S.
of the City of Petaluma, California
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE
CITIES OF SONOMA COUNTY AND SONOMA COUNTY FOR A JOINT POWERS
AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES, AND AN INDEMNITY
AGREEMENT, WITH THE SONOMA COUNTY WASTE MANAGEMENT AGENCY,
DECLARING CITY COUNCIL POLICY AND DELEGATING TO THE SONOMA
COUNTY WASTE MANAGEMENT AGENCY REGULATORY AND ENFORCEMENT
AUTHORITY FOR IMPLEMENTATION OF CITY COUNCIL POLICY ON
REGULATION OF SINGLE USE CARRYOUT BAGS IN THE CITY OF PETALUMA
WHEREAS, the Sonoma County Waste Management Agency ("SCWMA") was created
in 1992 pursuant to the Joint Exercise of Powers Act (California Government Code section 6500
et seq.), which authorizes the joint exercise of powers common to public agencies by execution
of an agreement between the cities of Sonoma County and Sonoma County for a Joint Powers
Agency to Deal with Waste Management Issues ("Original JPA Agreement"); and,
WHEREAS, the purpose of the Original JPA Agreement was to create the SCWMA and
describe the terms and conditions by which the SCWMA would deal with four programs: (I)
household hazardous waste, (2) wood waste, (3) yard waste that would otherwise go to the
Central Landfill, and (4) public education ("Four Original Programs"); and,
WHEREAS, the Agency is composed of all Sonoma County cities and the County of
Sonoma (`JPA Members"); and,
WHEREAS, the JPA Members entered into a First Amendment to the Original JPA
Agreement in 1996, which among other things defined the term "Regional Agency" and declared
the JPA Members' desire to use the SCWMA for purposes of maintaining compliance with the
requirements of the Integrated Waste Management Act (First JPA Amendment); and,
WHEREAS, the Original JPA Agreement as amended by the First JPA Amendment
provides that the JPA Members may elect to participate in any or all SCWMA programs (i.e.,
that the JPA Members may elect to not participate in any or all SCWMA programs); and,
WHEREAS, the SCWMA prepared a draft Second JPA Amendment("Second JPA
Amendment") to the Original JPA Agreement, the purpose of which is to prevent JPA Members
in the future from electing to not participate in any of the Four Original Programs of the
SCWMA; to allow members to elect to not participate in any non-core programs of the
SCWMA, (meaning any programs other than the Four Original Programs), and to adopt such
non-core programs in the future, including a single use carryout bag ordinance, and to regulate
by order, resolution and ordinance to carry out the SCWMA's purposes; and,
WHEREAS, existing law provides that local legislative bodies such as the City Council
generally may not delegate their legislative authority to another body, but may delegate authority
to implement policies of the City Council, provided that the exercise of such delegated authority
is governed by a sufficient standard previously established by the City Council and accompanied
by adequate safeguards to ensure that the exercise of delegated authority promotes the purposes
of the City Council policy (see, Kugler v. Yokum (1968) 69 C2d 371, 375); and,
Resolution No. 2014-015 N.C.S. Page I
WHEREAS, the SCWMA Board directed staff to prepare an ordinance that would
uniformly regulate and generally prohibit the use of single use carryout plastic bags throughout
Sonoma County, subject to certain exceptions specified in the ordinance; and,
WHEREAS, SCWMA staff prepared an ordinance ("Carryout Bag Ordinance") for
implementing single use carryout plastic bag regulations uniformly throughout Sonoma County
based on legislation adopted by the City of San Jose, which Carryout Bag Ordinance is attached
to and made a part of this Resolution as Exhibit A; and,
WHEREAS, in January, 2013, the Agency completed a draft environmental impact
report ("E1R") and appendices in accordance with the California Environmental Quality Act
("CEQA") to consider potential environmental impacts associated with the Carryout Bag
Ordinance and the various project alternatives considered in the EIR; and,
WHEREAS, following the public review period the SCWMA prepared responses to
comments on the EIR and a Final EIR (FEIR) which was made available to the public; and,
WHEREAS, the SCWMA held a duly noticed public hearing to consider the FEIR on
January 15, 2014, and by Resolution no. 2014-03 certified the FEIR,which Resolution and FEIR
and all attachments, exhibits, and appendices thereto and documents incorporated therein are
hereby incorporated by reference and made a part of this resolution; and,
WHEREAS, according to the Project Objectives listed in the FEIR, the Carryout Bag
Ordinance is intended to provide benefits to the public and the environment throughout Sonoma
County by reducing the amount of single use paper and plastic bags in trash loads to reduce
landfill volumes; reducing the environmental impacts related to single use paper and plastic
carryout bags, such as impacts to biological resources (including marine environments), water
quality and utilities (solid waste equipment and facilities); promoting a-shift toward the use of
reusable carryout bags by retail customers; and by reducing litter and associated adverse impacts
to storm water systems, aesthetics and marine and terrestrial environments; and,
WHEREAS, according to the Summary of Impacts contained in the FEIR, and as
supported by the environmental impact analysis contained in the FEIR, all of the environmental
impacts identified in relation to the Carryout Bag Ordinance project are either beneficial or less
than significant without mitigation, thus supporting the SCWMA's finding in certifying the FEIR
that the Carryout Bag Ordinance project will not cause any significant environmental impacts;
and,
WHEREAS, to facilitate adoption and implementation of the Carryout Bag Ordinance,
the SCWMA has, in addition to preparation and certification of the FEIR in accordance with the
requirements of CEQA, prepared the Second JPA Amendment, the Carryout Bag Ordinance, a
draft ordinance ("Administrative Penalty Ordinance") establishing penalties for enforcing
violations of the Carryout Bag Ordinance, and an indemnity agreement ("Indemnity
Agreement") for use with JPA Members to protect the JPA Members from liability related to any
challenge to the Carryout Bag Ordinance, or any related approval or action, including
certification of a related CEQA document; and,
WHEREAS, in declaring City Council policy and delegating to the SCWMA regulatory
and enforcement authority for implementation of City Council policy on regulating single use
carryout plastic bags in the City of Petaluma, the City Council is relying on the City's regulatory
Resolution No. 2014-0I5 N.C.S. Page 2
and police power in accordance with Article X1, sections 5 and 7 of the California Constitution,
and other applicable law, and such power is the basis for the regulatory and enforcement
authority delegated to the SCWMA pursuant to this resolution, including the basis for adoption
and enforcement of the Carryout Bag Ordinance by the SCWMA; and,
WHEREAS, section 15307 of the CEQA Guidelines provides that action taken by a
regulatory agency as authorized by state law or local ordinance to assure the maintenance,
restoration, or enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment is categorically exempt from the requirements of
CEQA; and,
WHEREAS, section 15308 of the CEQA Guidelines provides that actions taken by a
regulatory agency, as authorized by state or local ordinance, to assure the maintenance,
restoration, enhancement, or protection of the environment, where the regulatory process
involves procedures for protection of the environment are categorically exempt from the
requirements of CEQA; and,
WHEREAS, it can be seen from the Project Objectives contained in the FEIR for the
Carryout Bag Ordinance that such regulation will assure the maintenance, restoration,
enhancement and protection of natural resources and the environment, and it can be seen from
the text of the Carryout Bag Ordinance that such regulation constitutes procedures for protection
of the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The recitals above in this resolution are declared to be true and correct and are
incorporated into this resolution as findings of the City Council.
2. The City Council shares and supports the public policy objectives as described in the
FEIR of the Carryout Bag Ordinance, and finds such objectives to be consistent with
and in furtherance of the public policies of the City Council, and the goals, policies
and programs contained in the City's General Plan 2025, including, but not limited to,
Policy 4-P-21, `Reduce solid waste and increase reduction, reuse and/or recycling, in
compliance with the Countywide Integrated Waste management Plan."
3. The City Council approves the Second JPA Amendment and authorizes the Mayor to
sign the Second JPA Amendment on behalf of the City.
4. The City Council delegates to the SCWMA regulatory and enforcement authority to
implement City Council policy on single use carryout plastic bags in the City of
Petaluma, by authorizing SCWMA adoption of the Carryout Bag Ordinance, and the
related Administrative Penalty Ordinance, subject to and conditioned on the
following standards and safeguards regarding the SCWMA's exercise of such
delegated authority:
a. The SCWMA agreeing to protect the City against liability related to the Carryout
Bag Ordinance and related actions by approval of the Indemnity Agreement,
Exhibit B, prior to adoption of the Carryout Bag Ordinance. The City Manager is
hereby authorized to sign the Indemnity Agreement on behalf of the City.
Resolution No. 2014-015 N.C.S. Page 3
b. The SCWMA's adoption of the Carryout Bag Ordinance, Exhibit A, and adoption
of the Administrative Penalty Ordinance, Exhibit C, and approval of the
hrdemnity Agreement, Exhibit B, following approval by all of the JPA Member
Agencies, including the City, of the Second JPA Amendment
5. Notwithstanding any provision in the Original Agreement or any amendment, and
except for the regulatory and enforcement authority delegated to the SCWMA
regarding the Carryout Bag Ordinance pursuant to this resolution, the City Council
fully reserves its exclusive power to legislate on municipal affairs within the City.
The City Council intends to recognize and permit regulatory and enforcement
activities within the City by other bodies such as the SCWMA regarding municipal
affairs of the City only to the extent such activities have been expressly authorized by
the City Council in furtherance of City Council policy subject to adequate standards
and safeguards governing such activity as are imposed by the City Council.
6. The City Council's action pursuant,to this resolution to declare City Council policy
and delegate regulatory and enforcement authority to the SCWMA for
implementation of City Council policy on regulating single-use carryout bags in the
City of Petaluma is exempt from the requirements of CEQA pursuant to section
15307 of the CEQA Guidelines, which applies to action taken by a regulatory agency
as authorized by state law or local ordinance to assure the maintenance, restoration, or
enhancement of a natural resource where the regulatory process involves procedures
for protection of the environment, and pursuant to section 15308 of the CEQA
Guidelines, which applies to actions taken by a regulatory agency, as authorized by
state or local ordinance, to assure the maintenance, restoration, enhancement, or
protection of the environment, where the regulatory process involves procedures for
protection of the environment are categorically exempt from the requirements of
CEQA.
7. The City Clerk is hereby authorized and directed to file a Notice of Exemption in
accordance with all applicable CEQA requirements.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 27th day of January.
2014.by the following vote:
City A orney
AYES: Albertson:Barrett, Mayor Glass,Harris,Healy,Vice Mayor Kearney,Miller
NOES: None
ABSENT: None
ABSTAIN: None
be
ATTEST: L, /0G"(i/ Ib�11 •
City Clerk 'ayor
Resolution No. 2014-015 N.C.S. Page 4
Exhibit A to Resolution
SONOMA COUNTY WASTE MANAGEMENT AGENCY
ORDINANCE NO. 2014-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SONOMA COUNTY
WASTE MANAGEMENT AGENCY ESTABLISHING A WASTE REDUCTION
PROGRAM FOR CARRYOUT BAGS
THE BOARD OF DIRECTORS OF THE SONOMA COUNTY WASTE MANAGEMENT
AGENCY DOES ORDAIN AS FOLLOWS:
SECTION 1.
"GENERAL PROVISIONS
Title.
This Ordinance is known and may be cited as the Waste Reduction Program for
Carryout Bags.
Purpose and Intent. - -
It is the intent of the Sonoma County Waste Management Agency ("Agency"), a ten
member joint powers agency established,pursuant ttb California Government Code
Section 6500, in adopting this Ordinance to exercise the members' common powers and
pursuant to Section 14 of the Joint Powers Agreement;to adopt''regulations promoting a
uniform program for reducing waste by decreasingthe'usesof single use carryout bags.
Defined Terms and Phrases.
For the purposes of this Ordinance,:the„wo?ds.,terms and phrases as defined herein
shall,be construed"as-hereinafter set forth,•unless it is apparent from the context that a
different meaning is intended:
A. "Customer" means any Person obtaining goods from a Retail Establishment.
B. "Nonprofit Charitable Reuser” means a charitable organization, as defined in
Section 501'(c)(3) of the Internal Revenue Code, or a distinct operating unit or
division of the charitable organization, that reuses and recycles donated goods or
materials and receives more than fifty percent (50%) of its revenues from the
handling and sale Of those donated goods or materials.
C. "Person" means any natural person, firm, corporation, partnership, or other
organization or group however organized.
D. "Prepared Food" means foods or beverages which are prepared on the premises
by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no
further preparation to be consumed. Prepared Food does not include any raw or
uncooked meat product.
E. "Recycled Paper Bag" means a paper bag provided at the check stand, cash
register, point of sale, or other point of departure for the purpose of transporting
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Resolution No. 2014-015 N.C.S. Page 5
food or merchandise out of the establishment that contains no old growth fiber and
a minimum of forty percent (40%) Post-consumer Recycled Material; is one
hundred percent (100%) recyclable; and has printed in a highly visible manner on
the outside of the bag the words "Reusable" and "Recyclable," the name and
location of the manufacturer, and the percentage of Post-consumer Recycled
content.
F. "Post-consumer Recycled Material" means a material that would otherwise be
destined for solid waste disposal, having completed its intended end use and
product life cycle. Post-consumer Recycled Material does not include materials
and byproducts generated from, and commonly reused within, an original
manufacturing and fabrication process.
G. "Public Eating Establishment" means a restaurant, take-out food establishment, or
any other business that receives ninety percent (90%) or more of its revenue from
the sale of Prepared Food to be eaten on or off its premises.
H. "Retail Establishment" means any commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food, and personal
items directly to the Customer; and is located within or doing business within the
geographical limits of the County of Sonoma, including the nine incorporated cities
and town. Retail Establishment does not include Public Eating Establishments or
Nonprofit Charitable Reusers.
I. "Reusable Bag" means either a bag made of cloth or other machine washable
fabric that has handles, or a durable plastic bag with handles that is at least 2.25
mil thick and is specifically designed and manufactured for multiple reuse. A
Reusable Bag provided by a Retail Establishment shall be designed and
manufactured to withstand repeated uses over a period of time; made from a
material that can be cleaned and disinfected; and shall not contain lead, cadmium,
or any other heavy metal in toxic amounts.
J. "Single-Use Carryout Bag" means a bag, other than a Reusable Bag, provided at
the check stand, cash register, point of sale or other point of departure for the
purpose of transporting food or merchandise out of the establishment. Single-Use
Carryout Bags do not include bags without handles provided to the Customer (1)
to transport produce, bulk food or meat from a produce, bulk food or meat
department within a store to the point of sale; (2) to hold prescription medication
dispensed from a pharmacy; or (3) to segregate food or merchandise that could
damage or contaminate other food or merchandise when placed together in a
Reusable Bag or Recycled Paper Bag.
Single-Use Carryout Bags.
A. On and after September 1, 2014, no Retail Establishment shall provide a Single-
Use Carryout Bag to a Customer for the purpose of transporting food or
merchandise out of the establishment except as provided in this Ordinance.
B. On and after September 1, 2014, a Retail Establishment may make available for
sale to a Customer a Recycled Paper Bag for a minimum charge of ten cents
($0.10).
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Resolulioo'No.2014-015 N.C.S. Page 6
C. Notwithstanding this Section, no Retail Establishment may make available for
sale a Recycled Paper Bag unless the amount of the sale of the Recycled Paper
Bag is separately itemized on the sales receipt.
Recordkeeping and Inspection.
Every Retail Establishment shall keep a monthly report of the total number of Recycled
Paper Bags purchased and the total number sold, for a minimum period of three (3)
years from the date of purchase and sale, which record shall be available for inspection
at no cost to the Agency during regular business hours by any Agency employee or
contractor authorized to enforce this Ordinance. Unless an alternative location or
method of review is mutually agreed upon, the records or documents shall be available
at the Retail Establishment address. The provision of false information including
incomplete records or documents to the Agency shall be a violation of this Ordinance.
Enforcement.
The Executive Director of the Agency, or his or her designee, shall have primary
responsibility for enforcement of this Ordinance. The Executive Director is authorized to
make all necessary and reasonable rules and regulations with respect to the
enforcement of this Ordinance. All such rules and regulations shall be consistent with
the provisions of this Ordinance.
Anyone violating or failing to comply with any provision of this Ordinance shall be guilty
of an infraction. The Agency may seek legal, injunctive, administrative or other equitable
relief to enforce this Ordinance. The remedies and penalties provided in this Section are
cumulative and not exclusive and nothing in this Section shall preclude the Agency from
pursing any other remedies provided by law. In addition to any relief available to the
Agency, the Agency shall be entitled to recover reasonable attorneys' fees and costs
incurred in the enforcement of this Ordinance.
The authorized representative of any Retail Establishment may appeal a citation as
provided in the Agency's Administrative Penalties Ordinance.
Violations of this Ordinance shall be punishable as provided in the Agency's
Administrative Penalties Ordinance.
Each violation of this Ordinance or each day a violation exists shall be considered a
separate offense.
Severance.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or in any manner in conflict with the laws of the United
States or the State of California, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Board of Directors of the Sonoma County
Waste Management Agency hereby declares that it would have passed this Ordinance
and each section, subsection, sentence, clause and phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional or in any manner in conflict with the laws of the United States
or the State of California.
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Resolution No.2014-015 N.C.S. Page 7
SECTION 2. A summary of this Ordinance shall be printed and published twice in
the Santa Rosa Press Democrat, a newspaper of general circulation, printed and
published in the City of Santa Rosa, County of Sonoma.
SECTION 3. This Ordinance shall be effective on September 1, 2014. A summary of
this Ordinance shall, within fifteen (15) days after passage, be published with the names
of the Directors voting for and against it.
INTRODUCED at a regular meeting of the Board of Directors of the Sonoma County
Waste Management Agency on the day of , 2014, and
PASSED AND ADOPTED this _ day of , 2014, by the following
vote:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
ABSTAIN: Directors:
CHAIR
ATTEST:
AGENCY CLERK
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Resolution No.2014-015 N.C.S. Page 8
Exhibit B to Resolution
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT is entered into as of , 20 , by
and between the SONOMA COUNTY WASTE MANAGEMENT AGENCY (hereinafter
"Agency"), a California joint powers agency, and the city/town/county of
(a "Member" of the Agency).
RECITALS
A. The Agency was formed by the Members through their execution of that
certain Joint Powers Agreement dated February 11, 1992 (the "JPA Agreement").
B. The Agency is currently considering adopting an ordinance to ban the
use of plastic, single use bags in retail establishments. Because such ordinances have
been the subject of litigation in other jurisdictions, the Members have requested that the
Agency agree to indemnify and hold each Member harmless from any litigation over
such an ordinance, and the Agency has agreed to do so.
NOW, THEREFORE, in consideration of the foregoing Recitals, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknowledged, Agency and Member agree as follows:
AGREEMENT
1. Recitals. The above Recitals to this Agreement are declared by the
parties to be true and correct in all material aspects and are hereby incorporated into
this Agreement as if fully set forth below.
2. Indemnification. Agency shall defend, indemnify and hold harmless the
Member, as well as their officers and employees (collectively, the "Indemnitee") from
any claim, action or proceeding against the Indemnitee to attack, set aside, void or
annul any ordinance that bans the use of plastic, single use bags, or any approval or
other action that may be related to such an ordinance, including but not limited to the
City's certification of an environmental impact report or any other CEQA document
related to the ordinance.
3. Indemnitee's Covenants. The Indemnitee shall promptly notify the
Agency of any such claim, action or proceeding. In addition, the Indemnitee shall
cooperate reasonably with Agency in any discovery or trial preparation efforts related to
litigation covered by this Indemnity Agreement.
4. Severability. Wherever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid and enforceable to the fullest extent
permitted by law. If any provision of this Agreement, or the application of any such
provision to any person or circumstance, shall, to any extent, be held to be invalid,
illegal or unenforceable under applicable law, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those as to which
it is invalid, illegal or unenforceable, shall not be affected thereby.
Resolutionn No.2014-015 N.C.S. Page 9
5. Notice to Parties. All notices and demands or other communications
hereunder shall be in writing, and shall be deemed to have been sufficiently given or
served for all purposes when presented personally or sent by generally recognized
overnight delivery service, with postage prepaid, addressed to Agency or the Member,
as applicable, at the addresses stated below, or at such other address of which either
Agency or the Member may hereafter notify the other in writing:
Agency:
Attn:
Member: At the address Agency retains on file for the distribution of
agendas and other materials, as such addresses may be
changed from time to time by the Member in writing.
Each notice or demand so given or served shall be deemed given and effective, (a) if
personally delivered, on the day of actual delivery or refusal and (b) if sent by generally
recognized overnight delivery service, on the next business day. Notwithstanding the
foregoing, service of any notice of default provided or required by law shall, if mailed as
required by law, be deemed given and effective on the date of mailing.
6. Governing Law. This Agreement shall be governed by, and construed
and enforced in accordance with, the law of the State of California, without regard to
principles of conflicts of law.
7. Changes and Modifications. This Agreement cannot be changed or
modified, except by a written instrument signed by Agency and the Member.
8. Legal Construction. This Agreement shall be given a fair and reasonable
construction in accordance with the intentions of the parties and without regard for or
aid from any canons requiring construction against the party drawing this Agreement.
As used in this Agreement, (a) the terms "herein", "hereto," "hereof" or "hereunder" or
similar terms used in this Agreement refer to this Agreement as a whole and not to any
particular provision and (b) the word "including" shall mean "including, without
limitation". Unless otherwise stated, all references herein to Sections are references to
Sections of this Agreement.
9. Successors and Assigns. The covenants, agreements and obligations of
Agency hereunder shall be binding upon Agency and Agency's respective heirs,
executors, administrators, legal representatives, successors and assigns, and the
rights, remedies and benefits of the Indemnified Party hereunder shall inure to the
benefit of the Indemnified Party and its respective successors and assigns.
[Signatures appear on next page.]
Resolution No.2014-015 N.C.S. Page 10
IN WITNESS WHEREOF, the parties hereto have executed this instrument as
of the date first written above.
AGENCY: SONOMA COUNTY WASTE MANAGEMENT
AGENCY, a California joint powers agency
By:
Name:
Chair
ATTEST:
Agency Clerk
APPROVED AS TO FORM:
Agency Counsel
MEMBER:
By:
Name:
ATTEST:
Clerk
Resolution No. 2014-015 N.C.S. Page I I
Exhibit C to Resolution
SONOMA COUNTY WASTE MANAGEMENT AGENCY
ORDINANCE NO. 2014-02
AN ORDINANCE OF THE SONOMA COUNTY WASTE MANAGEMENT AGENCY
RELATING TO ADMINISTRATIVE PENALTIES
THE SONOMA COUNTY WASTE MANAGEMENT AGENCY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article I of Chapter I is hereby adopted to read as follows:
Article I.
Administrative Citations
Sec. 1.10 Purpose and Intent.
This Article establishes an enforcement mechanism for all violations of-Agency ordinances.
The procedures established in this Article are in addition to=any other procedures or legal
remedies used to address violations of Agency ordinances.
Sec. 1.11 Definitions:
(a) Administrative Citation. An Administrative Citation is an official notification, on an
appropriate form as established:by.'this.Article, of violation of any provision of an Agency
ordinance. Said Citations require correction of the violation and impose fines upon the
responsible party.
(b) Agency. The Agencyis the Sonoma County Waste Management Agency.
(c) Enforcement Officer. An Enforcement Officer is any person designated by
ordinance or appointed by the Executive Director or his or her designee to implement the
provisions of.this Article.
Sec. 1.12 Administrative Citation; Fines.
(a) A fine forvlolation of an Agency ordinance may be assessed through an
Administrative Citation issued by the Enforcement Officer and payable directly to the
Agency.
(b) Each day of violation of the Agency ordinance constitutes a separate, additional
violation.
(c) Said fine shall be collected in accordance with the procedures specified in this
Article.
(d) The Agency Board shall establish by resolution the amount of the fine to be
assessed for Administrative Citations.
Resolution No. 2014-015 N.C.S. Page 12
(e) Payment of the fine shall not excuse the failure to correct the violations nor shall
it bar further enforcement action by the Agency.
(f) All fines shall be payable to the Agency at the address provided on the
Administrative Citation.
(g) Any fine paid pursuant to subsection a) above shall be refunded if it is
determined, after an appeal hearing, that there was no violation as charged in the
Administrative Citation.
(h) If payment of a fine is not received by the Agency within thirty (30) days of
service of the Administrative Citation, then a late fee shall be assessed. The amount of the
late penalty shall be fifty percent (50%) of the total amount of the fine owed.
(i) The Agency may collect any past due AdministrativeCitation fines and/or late
payment charges by the use of the small claims court, or any other legal remedy.
Sec. 1.13 Procedures for Administrative Citations.
(a) The Executive Director may establish appropriate administrative regulations for
implementing this Article.
(b) Unless appointed by ordinance, the Executive Director or his or her designee
shall appoint an Enforcement Officer(s) to implement the provisions of this Article.
(c) When the Enforcement Officer observes a violation of an Agency ordinance, the
Enforcement Officer may issue an Administrative Citation to any responsible person.
(d) Each Administrative Citation shall contain the following information:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation
occurred;
(3) The name, address, and other identifying information for the person
being cited.
(4) The section of the Agency ordinance violated and a description of the
violation;
(5) The fine schedule for the violation;
(6) A description of how, when and where the fine must be paid;
(7) An order prohibiting the continuation or repeated occurrence of the
violation;
(8) A brief description of the appeal process;
Resolution No.2014-015 N.C.S. Page 13
(9) The name and signature of the citing Enforcement Officer.
(e) The person cited shall be requested to sign the citation to acknowledge receipt of
the citation.
Sec. 1.14 Notices.
All notices required under this Article shall be served on the responsible party in accordance
with the following provisions:
(a) If the person cited is not the owner of the business where the alleged violation
occurred, written notice shall be personally delivered or sent by certified mail to the owner of
the business at the address of the property where the alleged violation occurred.
(b) If the person cited is not the owner of the property where the alleged violation
occurred, written notice shall be personally delivered or sent by icertified mail to the property
owner at the address shown on the last equalized County assessment role.
(c) When personal service by certified mail upon the personcited is unsuccessful, a
copy of the notice shall be posted in a conspicuous place on the property.where the alleged
violation occurred.
Sec. 1.15 Appeal of Administrative Citation.
(a) Any recipient of an Administrative Citation may contest the citation by requesting
an appeal hearing within ten (10) calendar days from the date of the citation. The Appeal
must be in writing on a form furnished by the Agency-specifying the basis for the appeal in
detail. The person requesting the appeal hearing shall deposit with the Agency either the
amount of the finelor a hardship waiver pursuant to Section 1.15. If the deadline to request
an appeal hearing falls ona weekend or Holiday, then the deadline shall be extended until
5:00 p.m. on the next regular°business day.
(b) The Agency shall hold'la:hearing within thirty days of receipt of an appeal. The
person requesting the appeal hearing shall be notified of the time and place of the hearing
at least ten0 0) days prior to the date of the hearing.
(c) In order to hear appeals of Administrative Citations, the Executive Director shall
appoint one or more-Hearing sOfficers who shall serve at his or her pleasure. A hearing
officer may be an Agency employee.
(d) The failure of any person with an interest in the property to receive properly
addressed notice of the hearing shall not affect the validity of any proceedings under this
chapter.
(e) Failure to file an appeal in accordance with the provisions of this chapter shall
constitute a waiver of rights to contest the accompanying Administrative Citation and the
imposition of the fine.
Sec. 1.16 Hearing Procedure.
Resolution No.2014-015 N.C.S. Page 14
(a) The Hearing Officer shall conduct an orderly hearing and accept evidence on
which persons commonly would rely in the conduct of their business affairs.
(b) At the appeal hearing, the party contesting the citation shall be given the
opportunity to testify and to present evidence, including witnesses, concerning the alleged
violation. Any other interested party, including but not limited to the property or business
owner, employees, or neighbors, may also present testimony.
(c) The Administrative Citation and any additional reports submitted by the
Enforcement Officer shall constitute prima facie evidence of the facts contained in those
documents.
(d) The Hearing Officer may take the matter under consideration or may continue the
hearing and/or request additional information from the Enforcement Officer and/or the
person cited.
(e) The Hearing Officer shall determine whether to affirm or dismiss the
Administrative Citation. The hearing officer may not reduce, waive=or conditionally reduce
the fines established by the Agency.
(f) The Hearing Officer shall make finding's based"'on<the record of the hearing and
shall issue a written decision based on the findings. TheAgency_shall preserve all exhibits
submitted by the parties for a 30-day period and shall"serve the decision by certified mail,
postage prepaid, return receipt requested within ten',(10) working=days after the hearing.
The decision of the Hearing Officer affirming or dismissing the-citation is final and
conclusive, without right of further administrative appeal.
Sec. 1.17 Hardship Waiver.
(a) Any recipient of'an,Administrative Citation who requests an appeal hearing and is
financially unable to depositthe required fine-;may file a request with the Agency for a
hardship waiver of the advance deposit requiFement.
(b) Requests for hardship.waivers shall be filed with the request for an appeal
hearing. The request shall be accompanied with a sworn affidavit, together with any
supporting documents or materials demonstrating to the satisfaction of the Executive
Director the person's actual financial inability to deposit the fine in advance of the appeal
hearing.
(c) The Executive Director shall either grant or deny the request for a waiver within
ten days of receipt of such request. If the Executive Director denies the request for a waiver,
he/she shall issue a written determination on the person requesting the hardship waiver.
The decision of the Executive Director shall be final.
(d) If the request for a hardship waiver is denied, the fine shall be deposited with the
Agency within ten days of the denial or thirty days from the date of the Administrative
Citation, whichever is later.
(e) If the request for a hardship waiver is granted, but the Administrative Citation is
upheld by the Hearing Officer, the fine must be paid within ten (10) working days.
Resolution No. 2014-015 N.C.S. Page 15
Sec. 1.18 Right to judicial review.
Any person aggrieved by an administrative decision of a Hearing Officer may obtain review
of the administrative decision by filing a petition for review with the Superior Court in
Sonoma County in accordance with the timeliness and other provisions set forth in
California Government Code Section 53069.4.
SECTION 2. A summary of this ordinance shall be printed and published twice in the
Santa Rosa Press Democrat, a newspaper of general circulation, printed and published in
the County of Sonoma.
SECTION 3. This Ordinance shall be effective 30 days following its adoption by the
Agency. A summary of this Ordinance shall, within fifteen (15) days after passage, be
published in accordance with Section 36933 of the Government Code of the State of
California with the names of the Agency Board Members-voting for and against it.
Resolution No. 2014-015 N.C.S. Page I6
INTRODUCED at a regular meeting of the Sonoma County Waste Management Agency on
the _day of , 2014, and
PASSED AND ADOPTED this _ day of , 2014, by the following
vote:
AYES: Board Members:
NOES: Board Members:
ABSENT: Board Members:
ABSTAIN: Board Members:
CHAIR
ATTEST:
AGENCY CLERK
Resolution No. 2014-015 N.C.S. Page 17