A. 
To protect public health, safety and well-being and to prevent the spread of vectors, excepting only those persons and circumstances described in Section 8.28.030, all responsible parties, whether at a residential or commercial location or otherwise, shall make arrangements with the city's franchised three-container collection service for regular collection services of recyclable materials, organic materials, and solid waste and comply with the requirements of those services as described below. It is unlawful for any such person to fail, refuse or neglect to do so. An occupant of any real property within the city shall be deemed to have complied with this subsection if the owner of the premises occupied has caused to be made such appropriate arrangements for collection of discarded materials upon all portions of the premises occupied by the occupant. An owner shall be deemed to have complied with this subsection if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all discarded materials upon all portions of the premises. City shall have the right to review the number and size of a waste 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 shall adjust their service level for their collection services as requested by the city.
The minimum collection schedule for discarded materials generated on the premises shall be no less than once a week with the exception of construction and demolition debris. Upon notice from the city that additional collection is necessary for the premises, the owner, occupant, or other person in charge of the day-to-day operation of the premises shall make arrangements with the appropriate solid waste collector for collection more frequently than once a week.
B. 
It is unlawful and a public nuisance for any person to occupy, inhabit or conduct business on any property within the city for which appropriate arrangements have not been made and kept in full force and effect, including payment therefor, for regular discarded materials collection services, in compliance with subsection A of this section.
C. 
Every person having a duty, pursuant to subsection A of this section, to make or cause to be made arrangements for regular discarded materials collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and at the same times, whether such person has or has not made the appropriate arrangements for collection services in compliance with subsection A of this section. Whenever the fees or charges for such services have not been paid when due, owners and occupants of the property shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of which person made the arrangements for collection services, provided that an occupant of only a portion of a parcel of real property or building shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for waste produced or to be produced or accumulated by that occupant.
D. 
Owners of premises which have been unoccupied of human habitation and upon which no waste has been produced or accumulated (other than yard waste such as clippings, branches, leaves and the like, which has been promptly removed by personnel doing gardening work on the premises), for six consecutive months or more may be exempted for a period of no more that twelve months or until the property becomes occupied or produces or accumulates waste. Should the property remain vacant upon the expiration of the exemption period, the property owner may apply to the city for an additional exemption.
To request city authorization for this exception, a property owner must submit a declaration signed under penalty of perjury affirming that he or she owns the property, and that the property has been unoccupied for a minimum of six consecutive months and will remain vacant for the foreseeable future to the city's public works director. Unless the director has reason to believe that the request is untruthful, the director shall advise the property owner and the solid waste collector in writing of the exemption and its approved duration. Any property owner who has received an exemption pursuant to this subsection shall immediately notify the director in writing should the property become occupied during the exemption period. Upon expiration of the exemption or should the property become occupied, the exception shall cease to apply and the property owner shall make arrangements with the city's franchised discarded materials collection service for regular collection services.
E. 
All responsible parties, whether at a residential or commercial location or otherwise, excepting only those persons and circumstances described in Section 8.28.030, shall participate in the city's three-container collection service(s) in the manner described below:
1. 
Place and/or direct its waste 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.
2. 
Not place and/or direct its waste 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.
F. 
Nothing in this section prohibits a responsible party or waste generator from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR.
(Ord. 840-97 § 1; Ord. 1048-10 § 1; Ord. 1183-21 § 2)
A. 
Responsible parties of multifamily premises shall:
1. 
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 multifamily premises' approach to complying with self-hauler requirements in Section 8.28.162 of this chapter.
2. 
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.
3. 
Provide education information before or within fourteen 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.
4. 
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.
5. 
Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, if implemented, to evaluate responsible party's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the recyclable materials containers, organic materials containers, and solid waste containers.
6. 
At the option of the responsible party of a multifamily premises and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its recyclable materials containers, organic materials containers, and solid waste containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Responsible parties may install remote monitoring devices on or in the recyclable materials containers, organic materials containers, and solid waste containers subject to written notification to or approval by the city or its designee.
7. 
If the responsible party of a multifamily premises wants to self-haul, meet the self-hauler requirements in Section 8.28.162 of this chapter.
8. 
Multifamily premises that generate two 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 multifamily premises and a gardening or landscaping service specifies that the designated organic materials generated by those services be managed in compliance with this chapter.
(Ord. 1183-21 § 2)
A. 
Responsible parties of commercial premises shall:
1. 
Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with this section) 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 8.28.162 of this chapter.
2. 
Provide containers 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, 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, 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, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
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, the container labeling requirements are required on new containers commencing January 1, 2022.
3. 
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 8.28.162 of this chapter.
4. 
Annually 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.
5. 
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.
6. 
Provide education information before or within fourteen 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.
7. 
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.
8. 
Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, if implemented, to evaluate responsible party's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the recyclable materials containers, organic materials containers, and solid waste containers.
9. 
At the option of the responsible party of the commercial business and subject to any approval required from the city, implement a remote monitoring program for inspection of the contents of its recyclable materials containers, organic materials containers, and solid waste containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Responsible parties may install remote monitoring devices on or in the recyclable materials containers, organic materials containers, and solid waste containers subject to written notification to or approval by the city or its designee.
10. 
If the responsible party of a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.28.162 of this chapter.
11. 
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 8.28.081 of this chapter.
(Ord. 1183-21 § 2)
A. 
All school districts and all local, regional, state or federal governmental agencies are not required by this chapter to make arrangements with the city's franchisee for the collection, removal and/or disposal of discarded materials.
B. 
The following are not required to be collected by the city's franchisee:
1. 
All recyclable materials source separated from solid waste by the owner and/or operator of the premises from which the solid waste was generated, whereby the waste generator of the waste sells or is otherwise compensated by a collector of the recyclable materials in a manner resulting in a net payment to the owner and/or operator;
2. 
Recyclable materials and organic materials source separated at the premises by the owner and/or operator of the premises and donated to a youth, civic or charitable organization;
3. 
Containers delivered for recycling under the California Beverage Container Recycling Litter Reduction Act, Sections 14500 et seq., of the California Public Resources Code;
4. 
Yard waste removed from the premises by a gardener, landscaper or a tree trimming company, or similar business or occupation, as an incidental part of a total service offered by such person;
5. 
Construction and demolition debris;
6. 
The collection, removal and disposal or diversion of discarded materials by the city through city officers, agents or employees, or any other person designated by the city.
C. 
Commercial businesses and multifamily premises may be exempted by the city from some of the requirements to make arrangements with the city's franchisee for the collection of discarded materials, by meeting the self-hauler requirements in Section 8.28.162 of this chapter.
(Ord. 840-97 § 1; Ord. 1048-10 § 1; Ord. 1183-21 § 2)
A. 
De Minimis Waivers for Multifamily Premises and Commercial Premises. City 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 commercial business or multifamily premises provides documentation that the commercial business or multifamily premises meets one of the criteria in subsections (A)(1) and (2) of this section. The below criteria may be met in instances including, but not limited to, self-hauling, on-site organics management, and/or property vacancy. For the purposes of subsection A of this section, 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.
1. 
The commercial business's or multifamily premises' total solid waste collection service is two 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 gallons per week per applicable material stream of the multifamily premises' or commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than twenty gallons per week or organic materials in the organic materials stream are less than twenty gallons per week); or
2. 
The commercial business's or multifamily premises' total solid waste collection service is less than two 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 gallons per week per applicable material stream of the multifamily premises' or commercial business's total waste (i.e., recyclable materials in the recyclable materials stream are less than ten gallons per week or organic materials in the organic materials stream are less than ten gallons per week).
B. 
Physical Space Waivers. The city may waive a commercial business's or multifamily premises' obligation to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city 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 Section 8.28.020 as applicable.
C. 
Review and Approval of Waivers by City. Waivers shall be granted to responsible parties by city according to the following process:
1. 
Responsible parties of premises seeking waivers shall submit a completed application form to city manager or their 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, city shall specify that the waiver is valid for three years.
3. 
Waiver holder shall notify city if circumstances change such that commercial business's or multifamily premises' may no longer qualify for the waiver granted, in which case waiver will be rescinded.
4. 
Any waiver holder must cooperate with the city for compliance inspections and enforcement as stated in Sections 8.28.189 and 8.28.190.
5. 
Waiver holder shall reapply to the city manager or their 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. Failure to submit a completed application shall equate to an automatic denial of said application.
6. 
City manager may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.
(Ord. 1183-21 § 2)
A. 
No person shall transport discarded materials over any public street, alley, highway, right-of-way, or other public place, except in watertight vessels or tanks or in vehicles or boxes constructed of steel, galvanized iron, or some other metallic substance. Each such vessel, receptacle, tank, vehicle, or box shall, while the same contains discarded materials, be securely and tightly covered and closed in such a manner so as to prevent the contents thereof from escaping, and so as to prevent the escape of odors therefrom. Every vehicle containing any such vessel, tank, receptacle, or box shall be so loaded and driven so as to prevent the contents contained therein from falling from such vehicle or escaping therefrom.
B. 
Every vessel, receptacle, tank, or box shall be thoroughly cleaned and disinfected at least once each week or more frequently as necessary to avoid the creation of a nuisance.
C. 
Collection vehicles shall display the name of the permittee in large enough letters that the vehicle may be easily identified as belonging to a permittee. If permittee uses a vehicle displaying the name of an affiliated company, the affiliated company's name must be indicated on the permit application. Improperly identified vehicles may be treated as belonging to non-permitted collectors.
(Ord. 840-97 § 1; Ord. 921-02 § 7; Ord. 1183-21 § 2)
Until discarded materials are picked up by the solid waste collector, the owner, occupant, or other person in charge of the day-to-day operation of each premises in the city, shall be responsible for the immediate cleanup of any discarded materials that are spilled, leaked, emptied, discarded or disposed of into the environment or which has otherwise come to be located outside of the container. This cleanup responsibility includes:
A. 
Occupants. The owner, operator, occupant, or other person in charge of the day-to-day operation of each premises, shall immediately undertake cleanup at the point in time when a spill or release has occurred on the premises.
B. 
Transporters. Any person removing, collecting or transporting discarded materials, shall undertake immediate cleanup at the point in time when a spill or release has occurred due to the removal and/or transportation of any discarded materials.
C. 
City Cleanup Expenses. Any and all costs and expenses incurred by the city or on the city's behalf in investigating and cleaning a spill or a release of discarded materials not properly or timely cleaned under this section by the owner, occupant or transporter or other responsible party, may be assessed against such responsible persons, including all administrative expenses and legal fees and costs incurred by the city in investigating and cleaning the spill or release.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)
A. 
Location. To protect the public health, safety, and well-being, and to minimize interference with public rights-of-way, containers for residential collection shall be placed in a location acceptable to the solid waste collector, which, where appropriate, is accessible for mechanized pick-up.
B. 
Placement Time. To minimize interference with public rights-of-way, residential containers placed for collection adjacent to streets or public rights-of-way shall not be placed before three p.m. on the day preceding the regularly scheduled collection. Discarded materials collection may take place between the hours of six-thirty a.m. and six p.m. on the day of collection as designated by the solid waste collector.
C. 
Removal Time and Location. To minimize interference with public rights-of-way, residential containers placed for collection adjacent to streets or public rights-of-way shall be removed before nine a.m. on the day following the regularly scheduled collection. Containers shall be removed after collection to a location that is screened from public view and not in conflict with Section 8.24.040 of this code.
D. 
Bin Use Requirements. All permanent one-, two-or three-cubic-yard bins or other large collection containers shall be housed within trash container enclosures approved by the city. However, all commercial recycling bins provided to commercial or multifamily residential properties may be located outside the enclosures provided they do not obstruct drive aisles or any required parking spaces. Trash container enclosures shall be accessible to collection vehicles. No person shall place a one-, two-or three-cubic-yard bin or other commercial roll-off container in a public right-of-way for collection without first obtaining written approval from the city.
(Ord. 840-97 § 1; Ord. 853-98 §§ 1–4; Ord. 855-98 § 2; Ord. 969-06 § 9; Ord. 1021-09 § 1; Ord. 1049-10 §§ 4, 5; Ord. 1183-21 § 2)
Containers provided by the franchisee for services rendered under the franchise agreement shall conform to requirements in the franchise agreement. For example, all solid waste, recyclable materials or organic materials collection containers (other than containers for construction and demolition debris) placed within the city must be labeled with the owner's name and phone number, at a minimum, and all unmarked containers shall be confiscated by the city at the owner's expense. Any containers not issued by the franchisee or a construction and demolition debris hauler shall be confiscated by the city at the owner's expense. Confiscation shall be in accordance with Section 8.28.071.
(Ord. 921-02 § 8; Ord. 1049-10 § 6; Ord. 1183-21 § 2)
In order to protect public health, safety and well-being and to prevent the spread of vectors, the owner, occupant, or other person in charge of the day-to-day operation of each premises within the city, shall use or cause to be used, on each premises a discarded materials storage bin or container (bin/container), in accordance with the following requirements:
A. 
Accumulation. All discarded materials produced, generated, or accumulated on each premises shall be placed in a bin or container for regular collection.
B. 
Overflow. A bin or container shall not be filled to a point where it is overflowing with discarded materials.
C. 
Cleanliness. A bin or container shall be maintained in a safe and clean condition.
D. 
Taking. A bin or container that is the property of the city or a solid waste collector shall not be permanently removed from the premises where they have been placed by the city or a solid waste collector, without the prior approval of the city or the solid waste collector.
E. 
Hazardous Waste. Hazardous waste shall not be placed in any container to be used for discarded materials collection.
F. 
Organic Materials and Recyclable Materials. Organic materials and recyclable materials to be collected by a solid waste collector shall be placed in the container designated for such materials by the solid waste collector.
G. 
Other Requirements. Containers shall be used in accordance with the noticed requirements of the solid waste collector.
H. 
Graffiti. Container owners shall remove graffiti from containers within twenty-four hours of notice by city or customer, or city may, at the owner's expense, either remove the graffiti itself, or confiscate containers in accordance with Section 8.28.071.
I. 
Recyclable Materials and Organic Materials Container Stickers. In addition to any and all other identification requirements, recyclable materials and organic materials containers placed within the city shall carry a sticker indicating which materials are and are not permitted to be placed within these containers. The franchisee shall design and place these stickers on each such contain prior to distribution, and shall replace them when materials accepted change or stickers become worn. Stickers shall be written in both English and Spanish.
(Ord. 921-02 § 8; Ord. 1049-10 § 6; Ord. 1183-21 § 2)
The city may confiscate containers placed in violation of this code, including Sections 8.28.060 and 8.28.070 or other applicable laws. Container owners may contact the city's public works department to recover confiscated containers. The container owner shall be responsible for all costs of confiscation and storage of the container and must reimburse the city such costs in full prior to return of the container. Container storage costs are fifty dollars per day. City shall store confiscated containers up to thirty days from the date of confiscation, after which the city may sell the same as unclaimed property, with proceeds being used to cover storage and confiscation costs. Notwithstanding the city's right to dispose of confiscated containers, the container owner shall remain liable for any and all disposal costs. The container owner shall also be liable for uncovered storage and confiscation costs or for storage and disposal costs, whether or not owner recovers containers. City shall not be liable to the violating container owner for the value of lost containers.
(Ord. 921-02 § 10; Ord. 1183-21 § 2)
Once discarded materials are placed in the proper containers and properly placed at the designated collection location, the ownership and the right to possession of such discarded materials, including recyclable materials and organic materials, shall transfer directly from the owner, occupant and/or operator of the premises, whichever is appropriate, to the solid waste collector, except only such materials which are not waste, and which were mistakenly discarded in the container and subsequently retrieved by the owner, occupant or operator of the premises prior to collection.
(Ord. 840-97 § 1; Ord. 1183-21 § 2)
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.
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.
2. 
Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or, (b) 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.
5. 
Keep records that include the following information, or as otherwise specified in 14 CCR:
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.
b. 
A copy of all food recovery contracts or written agreements established under 14 CCR.
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.
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).
(Ord. 1183-21 § 2)
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, shall maintain the following records, or as otherwise specified by 14 CCR:
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, shall maintain the following records, or as otherwise specified by 14 CCR:
1. 
The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. 
The quantity in pounds of edible food received from each commercial edible food generator per month.
3. 
The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. 
Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR shall report to the city 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. The annual report shall be submitted to the city no later than January 31st of each year.
D. 
In order to support edible food recovery capacity planning assessments or other studies conducted by the city or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, 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 shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the city.
E. 
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 one and tier two edible food generators located in the city identifying and describing the California Good Samaritan Act, as may be amended from time to time.
(Ord. 1183-21 § 2)