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LOS ALTOS HILLS
For the Quarter Ended December 31, 2021
Appendix
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Glossary
Repurchase Agreements: A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.Settle Date: The date on which the transaction is settled and monies/securities are exchanged. If the settle date of the transaction (i.e., coupon payments andmaturity proceeds) occurs on a non-business day, the funds are exchanged on the next business day.Supranational: A multinational union or association in which member countries cede authority and sovereignty on at least some internal matters to the group, whosedecisions are binding on its members.Trade Date: The date on which the transaction occurred; however, the final consummation of the security transaction and payment has not yet taken place.Unsettled Trade: A trade which has been executed; however, the final consummation of the security transaction and payment has not yet taken place.U.S. Treasury: The department of the U.S. government that issues Treasury securities.Yield: The rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis.
YTM at Cost: The yield to maturity at cost is the expected rate of return based on the original cost, the annual interest receipts, maturity value, and the time periodfrom purchase date to maturity, stated as a percentage on an annualized basis.YTM at Market: The yield to maturity at market is the rate of return based on the current market value, the annual interest receipts, maturity value, and the timeperiod remaining until maturity, stated as a percentage on an annualized basis. 50
TOWN OF LOS ALTOS HILLS February 17, 2022
Staff Report to the City Council
___________________________________________________________________________ SUBJECT: ACCEPTANCE OF THE 2021 PAVEMENT REHABILITATION AND
DRAINAGE IMPROVEMENT PROJECT
FROM: Oscar Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
____________________________________________________________________________ RECOMMENDATION: That the City Council:
1. Approve the attached resolution accepting the 2021 Pavement Rehabilitation and Drainage Improvement Project performed by G. Bortolotto & Company, Inc., as complete; and
2. Direct the City Clerk to file a Notice of Completion.
DISCUSSION:
The 2021 Pavement Rehabilitation and Drainage Improvement Project has been inspected by staff and found to be complete and acceptable. The project was completed within the City Council approved budget. Below is the account summary:
Awarded Contract $927,661.40
Approved Contingency $100,000.00
Total Approved Amount $1,027,661.40
Final Contract Expenditure $940,799.10
The final contract expenditure includes two (2) change orders to the project. The change orders, description of work, and costs are listed below:
Change Order #1 ($7,500)
Contractor constructed five (5) storm drain infiltration pits along the new asphalt drainage swale at Black Mountain Road.
Change Order #2 ($2,450)
Contractor installed four (4) share the road markings (sharrows) at Page Mill Road between Berry Hill Court and Baleri Ranch Road.
Staff recommends that the City Council accept the 2021 Pavement Rehabilitation and Drainage Improvement Project to allow for the remittance of the 5% retention to the Contractor 35 days following project acceptance.
AGENDA ITEM #4.H
O.A.
P.P.
A Notice of Completion will be filed for this Capital Improvement Project upon approval by the City Council.
ATTACHMENTS
1. Resolution
2. Notice of Completion
Report prepared by: John Chau, Associate Engineer
cc: G. Bortolotto & Company, Inc.
582 Bragato Road
San Carlos, CA 94070
RESOLUTION NO. _________
A RESOLUTION ACCEPTING AS COMPLETED THE WORK OF THE "2021 PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT PROJECT",
AUTHORIZING FINAL PAYMENT CONCERNING SUCH WORK,
DIRECTING THE CITY CLERK TO FILE NOTICE OF COMPLETION
WHEREAS, the Public Works Director of the Town of Los Altos Hills ("Town") has, in writing, made and filed in the Office of the City Clerk her notice or certificate certifying that the work under contract described as the 2021 Pavement Rehabilitation and Drainage Improvement Project, has been completed in conformance with the Plans and Specifications for said project, and has recommended that said work be accepted as complete and satisfactory; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:
Section 1. The above-described work as mentioned in the notice of the Public Works Director is hereby accepted as substantially complete, and the appropriate officer of the Town is authorized to make final payment concerning the above-described work.
Section 2. The City Clerk is hereby authorized and directed to file with the County Recorder of the County of Santa Clara, notice of the completion of said project within ten (10) days from the date of this Resolution.
PASSED AND ADOPTED this _______ day of _______________, 2022.
By:
George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Attachment 1
This Document is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that G. Bortolotto & Company, Inc., on August 23, 2021, did enter into a contract for the 2021 Pavement Rehabilitation and Drainage Improvement Project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.
On the 18th day of January 2022, the work provided to be done under the contract was fully completed in accordance with the terms of the contract.
NOTICE IS FURTHER GIVEN that the public board for whom the above-described work was done is the City Council of the Town of Los Altos Hills, a municipal corporation of the State of California, and that the name and address of the political subdivision for which the abovedescribed work was done is the Town of Los Altos Hills, State of California, Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022.
NOTICE IS FURTHER GIVEN that the name of the contractor by whom the abovedescribed work was done is as follows:
CONTRACTOR: G. Bortolotto & Company, Inc.
Oscar Antillon
Public Works Director
Town of Los Altos Hills
DATE:
Attachment 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189
STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On _________________, 2022, before me, _____________________________ , Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TOWN OF LOS ALTOS HILLS February 17, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION AWARDING A CONTRACT FOR THE EAST SUNSET
DRIVE ROADWAY WIDENING PROJECT
FROM: Oscar Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
1. Adopt the attached resolution awarding the contract for the East Sunset Drive Roadway Widening Project to Brannon Corporation the low bidder, for an amount of $454,616.00.
2. Approve a project contingency fund of $50,000 and authorize the Public Works Director to approve potential contract change orders within said fund.
3. Authorize the City Manager to execute a contract with consulting/inspection firms for inspection and testing services in an amount not to exceed $65,000.
BACKGROUND:
Town staff received emails and phone calls from residents residing on East Sunset Drive regarding safety concerns of the roadway’s ability to support the construction of three (3) new residences at 13010, 13210, and 13254 East Sunset Drive. They further described long term concerns of the roadway’s narrow widths, limited sightlines, and noncompliance with the Santa Clara County Fire Department current standard. They also raised concern for increased delivery truck traffic, which traverse the road multiple times a week. The main concern is that delivery truck drivers are unfamiliar with the road and often drive too fast around the blind curves. They have requested the Town to widen the road and install guardrails to accommodate the proposed residences construction, delivery truck traffic, and provide vehicles and pedestrian safety.
DISCUSSION:
On July 22, 2021, the City Council awarded a contract to Lea & Braze Engineering, Inc. for the roadway widening design services. To widen the road to 18’ for an approximately 290-foot section, it requires 42 soldier pile piers and approximately 800 square feet of concrete laggings retaining walls. The project also includes a metal beam guardrail along the downhill slope where the road will be widened.
On December 16, 2021, the Town’s Council authorized staff to advertise the project for bids and inspections services.
AGENDA ITEM #4.I
O.A.
P.P.
The project includes the Base Bid and Alternate Bid.
The Base Bid includes:
• Soldier pile piers and concrete laggings retaining wall • Roadway pavement widening
• Metal beam guardrail along the downhill slope where roadway will be widened The Alternate Bid includes:
• Extend guardrail along the downhill slope to the project limit per resident’s request On January 26, 2022, The Town received four (4) bids. The amounts range from $454,616.00 to $1,122,810.00. Below are the list of contractors and total bid amounts:
1) Brannon Corporation $454,616.00
2) Granite Rock Company $523,370.00
3) O’Grady Paving Inc. $981,610.00
4) Interstate Grading and Paving Inc. $1,122,850.00
FISCAL IMPACT
The total estimated project cost is as follows:
Total amount (Base Bid plus Alternate Bid) $454,616.00
Contingency fund $50,000.00
Inspection and testing services $65,000.00
TOTAL $569,616.00
Sufficient funds from the Capital Improvement Program were budgeted in the East Sunset Drive Roadway Widening Project and are available for this project.
SCHEDULE
The following tentative schedule has been developed for this project:
Award Construction Contract February 2022
Begin Construction May 2022
Complete Construction August 2022
ATTACHMENTS
1. Resolution
2. Bid Summary
Report prepared by: John Chau, Associate Engineer
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AWARDING A CONTRACT FOR
CONSTRUCTION OF THE EAST SUNSET DRIVE ROADWAY WIDENING
PROJECT
WHEREAS, the Public Works Director of the Town of Los Altos Hills did, in open session, duly examine and consider all bids submitted to it for the construction of the East Sunset Drive Roadway Widening Project.
WHEREAS, the Public Works Director recommends that the contract for said project be awarded to the lowest responsible bidder, Brannon Corporation, for the amount of $454,616.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that;
1. The City Manager is hereby authorized and directed to execute a contract to the above-named firm on behalf of the Town of Los Altos Hills.
2. The Public Works Director is hereby authorized to approve potential contract change orders in an amount not to exceed $50,000.
3. The City Manager is hereby authorized to execute necessary contracts with consulting/inspection firms for inspection and testing services in an amount not to exceed $65,000.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th day of February 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
George K. Tyson, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
Attachment 1
Item
No. Item Description Unit Estimated Quantity Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization LS 1 $40,000.00 $40,000.00 $45,000.00 $45,000.00 $80,000.00 $80,000.00 $219,000.00 $219,000.002 Site preparation, Traffic Control, Trim trees, remove vegetation LS 1 $30,000.00 $30,000.00 $26,550.00 $26,550.00 $125,000.00 $125,000.00 $122,000.00 $122,000.00 3 Drill and Construct Soldier Pile Piers (Down Slope) VLF 272 $172.00 $46,784.00 $305.00 $82,960.00 $500.00 $136,000.00 $560.00 $152,320.004 Drill and Construct Soldier Pile Piers (Up Slope) VLF 208 $164.00 $34,112.00 $480.00 $99,840.00 $475.00 $98,800.00 $680.00 $141,440.005 Furnish and Construct 15' W8x35 Beam (Up Slope) EA 26 $2,150.00 $55,900.00 $715.00 $18,590.00 $500.00 $13,000.00 $720.00 $18,720.006 Furnish and Construct 20' W8x35 Beam (Down Slope) EA 17 $2,400.00 $40,800.00 $915.00 $15,555.00 $700.00 $11,900.00 $970.00 $16,490.007 Furnish and Construct concrete laggings SF 1,206 $40.00 $48,240.00 $60.00 $72,360.00 $85.00 $102,510.00 $80.00 $96,480.008 Construct subdrain LS 1 $7,200.00 $7,200.00 $16,500.00 $16,500.00 $25,000.00 $25,000.00 $22,000.00 $22,000.009 Furnish and Construct Midwest Guardrail System LF 100 $160.00 $16,000.00 $128.00 $12,800.00 $375.00 $37,500.00 $400.00 $40,000.00 10 Furnish and Construct 4" A.C ovr 9" A.B SF 1,110 $28.00 $31,080.00 $20.00 $22,200.00 $20.00 $22,200.00 $30.00 $33,300.0011 Grind & Tie‐in SF 310 $25.00 $7,750.00 $6.50 $2,015.00 $20.00 $6,200.00 $10.00 $3,100.00 12 Microsurfacing type II SF 6,000 $2.00 $12,000.00 $1.70 $10,200.00 $2.00 $12,000.00 $2.00 $12,000.0013 Remove and Replace AC dike LF 20 $400.00 $8,000.00 $60.00 $1,200.00 $300.00 $6,000.00 $170.00 $3,400.0014 Soil Off‐Haul LS 1 $22,000.00 $22,000.00 $20,500.00 $20,500.00 $70,000.00 $70,000.00 $16,000.00 $16,000.00 15 Debris catchment and Erosion Control measures LS 1 $7,500.00 $7,500.00 $10,500.00 $10,500.00 $18,000.00 $18,000.00 $28,000.00 $28,000.00 Total $407,366.00 Total $456,770.00 Total $764,110.00 Total $924,250.00 ALTERNATE BID
16 Core Drill through shotcrete for guardrail posts EA 15 $350.00 $5,250.00 $310.00 $4,650.00 $500.00 $7,500.00 $500.00 $7,500.0017 Furnish and Construct Midwest Guardrail System LF 210 $200.00 $42,000.00 $295.00 $61,950.00 $1,000.00 $210,000.00 $910.00 $191,100.00 Total $47,250.00 Total $66,600.00 Total $217,500.00 Total $198,600.00 Grant Total $454,616.00 Total $523,370.00 Total $981,610.00 Total $1,122,850.00 Graniterock O'Grady Paving Interstate Grading and Paving EAST SUNSET DRIVE ROADWAY WIDENING ‐ BASE BID
Brannon Corp
Attachment 2
From: Ro ert E son
To: Deborah Padovan
Cc: Oscar Antil on
Subject: Consent Items I and L
Date: Thursday February 17 2022 12:45:17 PM
Hello DeborahCould this letter be included in the council members packet or..? Dear Council MembersI hope that you support Consent Agenda Item L. It is fabulous that homeowner Pang is offering a 10 Pathway Easement along their East and south property lines. These two easements will go a long way toward realizing an off-road pathway specified on the MPP that spans from E. Sunset to Dianne Drive.
Once the path exits onto E. Sunset, it would certainly be nice if the pathway continued down E. Sunset as specified on the MPP.
To that end, I am asking you to pull the E. Sunset street widening Consent Item-I until the widening project includes the roadside path that connects to the roadside paths that already exist on E. Sunset. If PW can show that the E Sunset Project includes a roadside path than i would certainly advocate for the item to be passed otherwise I am asking for the item to be pull from tonight s agenda.
I am sorry for the late request on this item but I was not brought into the fold on this project and only became aware yesterday that it is on the consent calendar for tonight.
Bob Elson
Chair- LAH Pathway Committee
Supplemental No. 1
AGENDA ITEMS #4.I and 4.L
Distributed 2/17/22
TOWN OF LOS ALTOS HILLS February 17, 2022
Staff Report to the City Council
SUBJECT: ADOPTION OF ORDINANCE 600 AMENDING LOS ALTOS HILLS MUNICIPAL CODE, ADDING CHAPTER 8 “MANDATORY
ORGANIC WASTE DISPOSAL REDUCTION” TO TITLE 6 OF THE
LOS ALTOS HILS MUNICIPAL CODE RELATING TO ORGANIC
WASTE DISPOSAL AND RELATED REGULATIONS PURSUANT TO
SENATE BILL 1383.
FROM: Oscar Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Waive further reading and adopt Ordinance 600 adding chapter 8 “Mandatory Organic Waste Disposal Reduction” to title 6 of the Los Altos Hills municipal code relating to organic waste disposal and related regulations pursuant to senate bill 1383.
BACKGROUND:
On January 20, 2022, the City Council voted 5-0 to introduce Ordinance 600 adding chapter 8 “Mandatory Organic Waste Disposal Reduction” to title 6 of the Los Altos Hills municipal code relating to organic waste disposal and related regulations pursuant to senate bill 1383.
DISCUSSION:
The proposed ordinance will go into effect thirty (30) days after adoption ATTACHMENT:
1. Ordinance 30
2. City Council Staff Report – January 20, 2022
AGENDA ITEM #4.J
O.A.
P.P.
1 ORDINANCE 600
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 8 “MANDATORY ORGANIC WASTE DISPOSAL REDUCTION” TO TITLE 6
OF THE LOS ALTOS MUNICIPAL CODE RELATING TO ORGANIC WASTE
DISPOSAL AND RELATED REGULATIONS PURSUANT TO SENATE BILL 1383.
WHEREAS, the Town of Los Altos Hills, California (“Town”) is a municipality, duly organized under the constitution and laws of the State of California; and WHEREAS, in September 2016, Senate Bill 1383 (“SB 1383”) established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy; and
WHEREAS, SB 1383 includes statewide goals to reduce the disposal of organic waste (food scraps, yard debris, paper products, etc.) and recover edible food for human consumption; and WHEREAS, to meet the SB 1383 regulations, jurisdictions throughout the State must adopt an ordinance or other similarly enforceable mechanism by 2022; and WHEREAS, this ordinance will mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the authority of the Town of Los Altos Hills, comply with SB 1383 regulatory requirements; and WHEREAS, through adoption of this ordinance, the City Council desires to add Chapter 8, “Mandatory Organic Waste Disposal Reduction”, to Title 6 of the Los Altos Hills Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof. such that there exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to regulate residential development projects, subdivisions and site developments in the Town of Los Altos Hills.
2. This Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the Attachment 1
2 EIR are applicable to the Town’s enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required.
On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines of as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment.
SECTION II. AMENDMENT.
A new Chapter 8, entitled “Mandatory Organic Waste Disposal Reduction” is hereby added to Title 6 of the Los Altos Hills Municipal Code to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall be effective upon thirty (30) days from its date of adoption. Within fifteen days after the passage of this ordinance, the Town Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those Town Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
3 EXHIBIT A
Title 6. Sanitation and Health
Chapter 8. Mandatory Organic Waste Disposal Reduction
6-8.01 Purpose and Findings.
The Town of Los Altos Hills finds and declares:
(a) State recycling law, 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. (b) 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 businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics 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 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 Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, 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. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an Chapter or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Chapter will also help reduce food insecurity by requiring
4 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. (f) Requirements in this Chapter are consistent with other adopted goals and policies of the Town including: the Town of Los Altos Hills’ General Plan, purchasing procedures, Municipal Code provisions including but not limited to those relating to Water Efficient Landscape (Section 10-2.809) and Construction and Demolition (Title 8), and greenhouse gas reduction and local climate action goals.
6-8.02. Title Of Chapter.
This Chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 6-8.03. Definitions.
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable, the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of 14 CCR §18982.2 and as respectively restated here. If any definition under 14 CCR §18982.2 contradicts a definition set forth in this Chapter, the definition under 14 CCR §18982.2 shall govern. If a definition under 14 CCR §18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this Chapter, the definition under 14 CCR §18982.2 shall govern.
(a) “Blue Container” shall be used for the purpose of storage and collection of Source Separated Recyclable Materials, and means a container where either:
(i) The lid of the container is blue in color; or
(ii) The body of the container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a blue container may be any color. (b) “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). (c) “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). (d) “Code” means, unless otherwise specified, the Town of Los Altos Hills Municipal Code. (e) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. The term “Commercial Business” or “Commercial” may be referred to as “non-residential” in a franchise agreement with the Exclusive Franchised Hauler.
5 (f) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this Chapter. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
(g) “Compliance Review” means a review of records by a Town to determine compliance with this Chapter.
(h) “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). (i) “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(j) “Container” means either a Blue, Gray, or Green Container described in this Chapter. (k) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants. (l) “C&D” means construction and demolition debris.
(m) “Designee” means an entity that a Town contracts with or otherwise arranges to carry out any of the Town’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, as authorized by the Town.
(n) “Edible Food” means food intended for human consumption. For the purposes of this Chapter, “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Edible Food Recovery” means actions to collect, receive, and/or re-distribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
(p) “Enforcement Action" means an action of the Town to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) “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 Town 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 Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in
6 Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, 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 Town, 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, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, and universal wastes, when such materials are defined as allowable materials for collection through the Town’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town or its Designee for collection services.
(r) “Exclusive Franchised Hauler” means the person or entity with whom the Town has contracted, as set forth under Title 6, Chapter 3 of this Code, to collect, receive, carry and/or transport solid waste in accordance with the provisions of Chapter 3. (s) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
(t) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as set forth in Section 113789 of the Health and Safety Code.
(u) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
(v) “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, 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.
(w) “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.
7 (x) “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. (y) “Gray Container” shall be used for the purpose of storage and collection of Mixed Compostables and means a container where either:
(i) The lid of the container is gray or black in color; or (ii) The body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. (z) “Green Container” may be used for the purpose of storage and collection of Yard Trimmings and means a container where either:
(i) The lid of the container is green in color.
(ii) The body of the container is green in color and the lid is green, gray, or black in color.
Hardware such as hinges and wheels on a green container may be any color. (aa) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Town’s collection service area.
(bb) “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 Compostables 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). (cc) “Inspection” means a site visit where a Town reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter. (dd) “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. (ee) “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, 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, a site under common 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.
8 (ff) “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 regulationsrelated to Solid Waste. (gg) “Mixed Compostable Materials Organic Collection Stream” or “Mixed Compostables” means those materials separated from Source Separated Recyclable Materials, as designated by the Exclusive Franchise Hauler, that must be taken to a High Diversion Organic Waste Processing Facility.
(hh) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process. (ii) “Non-Local Entity” means the following entities that are not subject to the Town’s enforcement authority:
(1) Special district(s) located within the boundaries of the Town. (2) Federal facilities located within the boundaries of the Town. (3) Facilities operated by the State park system located within the boundaries of the Town.
(4) Public universities (including community colleges) located within the boundaries of the Town.
(5) County fairgrounds located within the boundaries of the Town. (6) State agencies located within the boundaries of the Town. (jj) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
(kk) “Organic Waste” means Solid 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. Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(ll) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste.
(mm) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling. (nn) “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.
9 (oo) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Town’s Blue Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in the Town’s Blue Container; and, (iii) Excluded Waste placed in any container. (pp) “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility. (qq) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b). (rr) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber. (ss) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
(tt) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste. (uu) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
(vv) “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.
(ww) “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. (xx) “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. (yy) “Single-Family”, for the purpose of this Chapter, means of, from, or pertaining to any residential premises with fewer than five (5) units.
(zz) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste. Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
10 (aaa) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible 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, dewatered, 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.
(bbb) “Source Separated” means materials, including commingled recyclable 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 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, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Mixed Compostables or other Solid Waste for the purposes of collection and processing.
(ccc) “Source Separated Recyclable Materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation. (ddd) “Source Separated Yard Trimmings” means any material designated to be separated from the waste stream for purposes of yard trimmings composting. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation (eee) “State” means the State of California.
(fff) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
11 (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.
(ggg) “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. (hhh) “Town” means the Town of Los Altos Hills.
(iii) “Town Enforcement Official” means the City Manager or his or her designee, the City Attorney, or the individual or entity duly authorized by the Town, as applicable, who is/are partially or wholly responsible for enforcing the requirements of this Chapter. (jjj) “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, prepared for distribution to a retailer, warehouse, distributor, or other destination.
6-8.04. Requirements For Single-Family Generators.
Single-Family Organic Waste Generators shall:
(a) Subscribe to Town’s Organic Waste collection services for all Organic Waste generated as described below in subsection (b) below. Town 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; and, Single-Family generators shall adjust its service level for its collection services as requested by the Town. Generators may additionally manage their Organic Waste by preventing or
12 reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. 6-8.05. Requirements For Commercial Businesses.
Generators that are Commercial Businesses shall:
(a) Subscribe to Town’s collection services and comply with requirements of those services as described below in subsection (b). Town shall have the right to review the number and size of a generator’s 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; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Town.
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Town’s Blue Container, Green Container, and Gray Container collection service. (d) Provide containers for the collection of Source Separated Yard Trimmings and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials
13 that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Town, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A 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. (2) 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.
(e) 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 Town’s Blue Container, Green Container, and Gray Container collection service. (f) Periodically inspect Blue Containers, Green Containers, and Gray 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). (g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Yard Trimmings and Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Yard Trimmings and Source Separated Recyclable Materials separate from Mixed Compostables (when applicable) and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6-8.13 of this Chapter to confirm compliance with the requirements of this Chapter.
(j) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 6-8.07 and 6-8.08.
14 6-8.06. Waivers For Generators.
(a) Physical Space Waivers. The Town may grant a physical space waiver to a Commercial Business for complying with the recyclable materials and/or Organic Waste collection service requirements of this Chapter, if the Town receives evidence from its own staff, its Designee, the Commercial Business requesting a waiver, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6-8.05.
The number of requirements that may be waived pursuant to a waiver granted by the Town shall be determined by the Town based on the particular operational circumstances of each Commercial Business as demonstrated by the foregoing evidence or the submittals described below.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Town that it is still eligible for physical space waiver every five years, if Town has approved application for a physical space waiver. (b) Collection Frequency Waiver. The Town, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Town’s three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. Notwithstanding the grant of an exception under this subsection, however, containers containing putrescible materials must be collected once every seven days.
(c) Review and Approval of Waivers by Town. The City Manager or his or her designee shall have the authority to review and approve waivers described in the foregoing sections. 6-8.07. Requirements For Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 6-8.08 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.
15 (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: (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) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, as required 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.
(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,
16 relating to food safety, as amended, supplemented, superseded and replaced from time to time).
6-8.08. 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) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town it is located in 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). This report shall be submitted quarterly, or at the discretion of the Town or its Designee, less frequently, and shall cover the activity that occurred since the period of the last submission.
(d) Food Recovery Capacity Planning
17 (1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Town, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Town.
6-8.10. Requirements For Haulers And Facility Operators. (a) Requirements for Haulers
(1) Exclusive Franchised Hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the Town’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Town to collect Organic Waste:
(A) Through written notice to the Town annually as provided in the franchise agreement with the Exclusive Franchised Hauler, which shall not be less than annually, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables.
(B) Transport Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) If authorization is not otherwise provided in the Exclusive Franchise Agreement, obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Yard Trimmings to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6-8.12 of this Chapter, Chapter 1.10 under Title 8 of this Code, and other applicable Town C&D requirements under this Code.
(2) Exclusive Franchised Hauler authorized to collect Organic Waste in the Town shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Town. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publiclyPage 201 of 516 18 owned treatment works shall, upon Town 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 Town shall respond within 60 days. (2) Community Composting operators, upon Town request, shall provide information to the Town 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 Town shall respond within 60 days.
6-8.11. Self-Hauler Requirements.
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste generated onsite from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Commercial Business Self-Haulers shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town or its Designee. If requested in writing, the Commercial Business Self-Hauler shall provide the record to Town or its Designee. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator 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 the weight of material but shall keep a record of the entities that received the Organic Waste. 6-8.12. Compliance With Calgreen Recycling Requirements. (a) Any individual or entity submitting an application for a building permit from the Town shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by reference under Title 8 of this Code. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
19 (b) Applicants with projects subject to CALGreen requirements must, as a condition of building permit issuance, must :
(1) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. (2) Comply with Town’s C&D regulations under Title 8 of this Code, and all written and published Town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 6-8.12. Procurement Requirements For Town Departments, Direct Service Providers, And Vendors.
(a) The Town’s departments, and direct service providers to the Town, as applicable, must comply with the Town’s Recovered Organic Waste Product procurement policy most recently in effect and as may be amended from time to time, and Recycled-Content Paper procurement policy most recently in effect and as may be amended from time to time. The Town’s City Manager shall have the authority to adopt and amend as necessary administrative instructions to effectuate the procurement policies described herein. (b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Town. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the Town’s Recovered Organic Waste Product procurement recordkeeping Designee in accordance with the Town’s Recycled- Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper
20 purchases within thirty (30) days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (b)(3) and (b)(4) above for recycled-content purchases, (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided. 6-8.13. Inspections And Investigations By Town.
(a) The Town or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads during unloading, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section shall not be construed to allow the Town or its Designee to enter the interior of a private property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure 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.
(c) Any records obtained by a Town 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) Town representatives, its designated entity, and/or 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) The Town 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. Complaints shall be received and processed as follows:
a. Complaints shall be submitted in writing and shall include the following information:
i. If the complaint is not anonymous, the name and contact information of the complainant.
21 ii. The identity of the alleged violator, if known.
iii. A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
iv. Any relevant photographic or documentary evidence to support the allegations in the complaint.
v. The identity of any witnesses, if known.
b. The Town or its Designee shall review the complaint for compliance with the foregoing requirements of subsection (e)(1) and determine whether the allegations, if proven true, would constitute a violation of this Chapter. If so, the Town or its Designee shall commence an investigation within 90 days of receiving the complaint. The Town or its Designee may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to it.
c. If the identity and contact information of the complainant are known, the Town or its Designee shall provide notice to the complainant upon conclusion of the investigation the status or results of their complaint. d. The Town shall maintain records of all complaints and responses pursuant to this section as required by 14 CCR Section 18995.2, as may be amended. The records shall include the complaint as received and the Town's determination of compliance or notice of violations issued.
(f) The City Manager is authorized to adopt administrative regulations to further implement or effectuate the requirements of this subsection.
6-8.14. Enforcement.
(a) Violation of any provision of this Chapter shall be subject to the administrative citation process set forth under Title 1, Chapter 2 of this Code by a Town Enforcement Official or Regional Agency (as defined in Public Resources Code Section 40181) or County Agency Enforcement Official, except that any lien procedure that may be described under that chapter or elsewhere under this Code shall not apply to violations under this Chapter. Non-Local Entities and Local Education Agencies are not subject to the Town’s enforcement authority. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Town staff and resources. (c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the Town Enforcement Official.
22 (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Town, in consultation with Town Enforcement Official. (A) Town Enforcement Official(s) will interpret Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) Town Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Town Enforcement Officials will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 6-8.13 establishes Town’s right to conduct inspections and investigations.
(2) Town may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) Issuance of a Notice of Violation.
(A) For incidences of Prohibited Container Contaminants found in containers, Town will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container.
(B) Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within twenty-four hours after determining that a violation has occurred.
(C) If the Town observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasion(s) or more than three (3) times in any twelve (12) month period, the Town Enforcement Official may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 6-8.14(d)(3), Town shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the notice recipient within the deadline set forth in the Notice of Violation as described above, Town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Title 1, Chapter 2 or any other remedy available to the Town.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
23 (e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6-8.14 if it finds that there are extenuating circumstances based on evidence presented in the record before it that are beyond the control of the respondent that make compliance within the deadlines impracticable, including but not limited to 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 Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) 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 Town’s procedures in the Town’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
24 Beginning January 1, 2022 and through December 31, 2023, Town will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Town determines that Organic Waste Generator, 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. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other 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 Section 6-8.14, as needed. 5044023.3
TOWN OF LOS ALTOS HILLS January 20, 2022
Staff Report to the City Council
SUBJECT: ORDINANCE ADDING CHAPTER 8 “MANDATORY ORGANIC
WASTE DISPOSAL REDUCTION” TO TITLE 8 OF THE MUNICIPAL
CODE ESTABLISHING MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION REGULATIONS CONSISTENT WITH
SENATE BILL 1383 REQUIREMENTS
FROM: Oscar Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Waive the first reading and introduce an Ordinance adding Chapter 8 “Mandatory Organic Waste Disposal Reduction” to Title 6 “Sanitation and Health” of the Los Altos Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
BACKGROUND:
According to the California Department of Resources Recycling and Recovery (CalRecycle), organic waste comprises two-thirds of our waste stream and produces 20 percent of the State’s methane gas loading. When organics and compostable materials enter the landfill, they decompose. A byproduct of this decomposition is methane gas. Methane is 84 times more harmful than carbon dioxide and one of the most potent greenhouse gases.
Therefore, to help reduce greenhouse gases, communities need to recycle organics, such as food waste.
In September 2016, Governor Brown Jr. set methane emissions reduction targets for California with Senate Bill 1383 (Lara, Chapter 395, Statutes of 2016) (SB 1383) in a statewide effort to reduce emissions of short-lived climate pollutants. Senate Bill 1383 targets organic waste (food scraps, yard debris, paper products, etc.) and requires a 75 percent disposal reduction by 2025.
Staff has prepared an ordinance adding Chapter 8 “Mandatory Organic Waste Disposal Reduction” to Title 6 “Sanitation and Health” of the Los Altos Municipal Code to implement SB 1383 requirements in compliance with state law. The proposed ordinance is based on a model template provided by CalRecycle that sets forth the required SB 1383 regulations available for local jurisdictions to use. The ordinance has been tailored to match the local circumstances and solid waste services in Los Altos Hills while retaining the necessary provisions of SB 1383 that the Town is required to implement. Those requirements are outlined below.
AGENDA ITEM #6.A
O.A.
P.P.
ATTACHMENT 2
2 Requirements of Senate Bill 1383
SB 1383 created a statewide regulation that includes requirements related to recycling and organics collection, inspection and enforcement policies and programs, and edible food recovery. The Town collaborates with its franchised hauler, GreenWaste Recovery, the County of Santa Clara, and CalRecycle to implement SB 1383 required programs in accordance with state guidelines and requirements. All jurisdictions must comply with nearly all SB 1383 requirements by January 1, 2022. Enforcement penalties against generators (i.e., customers) do not need to be imposed by the Town before January 1, 2024.
Jurisdictions are required to supply the following services to all residents and businesses adequately:
1) Provide organic waste collection services to all residents and businesses.
GreenWaste Recovery is following one of the optional paths to compliance and recovering food waste and other organics from the Gray cart. This path requires meeting the standards of a “High Diversion Organic Waste Processing Facility,” which means achieving an annual average organics recovery rate of 50% by 2022 and 75% by 2025.
2) Establish an edible food recovery program for all Tier 1 and Tier 2 commercial edible food generators. The proposed ordinance establishes an edible food recovery program with which both tiers of edible food generators, if present in the Town, would be required to comply. Currently, the Town does not have any Tier One Commercial Generators (supermarkets, grocery stores, food service providers, food distributors, and wholesale vendors) whom would need to comply by January 1, 2022. Likewise, the Town also does not have any Tier Two Commercial Generators (large restaurants, hotels, health facilities, event venues, and events) must comply by January 1, 2024. Certain state and local agencies are not subject to the control of Town or County regulations related to Solid Waste, such as special districts, local education facilities, federal facilities, public universities and community colleges, and state agencies.
3) Conduct education and outreach to all generators. SB 1383 mandates the Town to conduct outreach and education to all affected parties including generators, haulers, facilities, edible food recovery organizations, and municipal departments.
Town staff and GreenWaste have conducted education and outreach on several platforms with plans to continue education as we resume in in person community events. Efforts included informational mailers, social media posts, emails, and GreenWaste website. Both Town staff and GreenWaste will continue providing educational materials and community outreach to organic waste generators explaining and providing information on the requirements of the SB 1383 regulations.
Town staff and GreenWaste will continue to promote and educate our residents and community members. Every effort will be made to use digital and traditional methods of outreach including promotion in our Town’s newsletter, advertisement on our Town’s social media platforms, and tabling at community events. 4) Procure certain levels of recyclable and recovered organic products. Based on
3 GreenWaste Recovery internal measurements they will meet the required recovery rates and will verify the diversions with the State’s new auditing protocols.
Jurisdictions must also purchase paper products, printing and writing paper with at least 30 percent post-consumer, recycled-content fibers that are recyclable.
Businesses from which the Town purchases these products will be required to certify compliance in writing.
5) Monitor compliance and conduct enforcement. SB 1383 requires the Town to work with GreenWaste to inspect and ensure compliance by covered residential and commercial entities. Before January 1, 2024, the Town must provide information on compliance by individuals and businesses that violate waste separation and other requirements under SB 1383. After that period, violations are subject to penalties, which will range from $100 to $500 depending on the type of violation.
Jurisdiction Penalties for Non-Compliance
Should the Town fail to comply with the above-mentioned requirements, the Town may also be subject to enforcement action by CalRecycle, which may include the following:
• Conducting more frequent inspections;
• Taking over direct enforcement on non-compliant businesses within the Town; • Establishing a schedule for Town compliance and a probationary period; and/or • Seeking administrative penalties against the Town of up to $10,000 per day.
Jurisdictions throughout the State must adopt an ordinance or other similarly enforceable mechanism by January 1, 2022, to meet the SB 1383 regulations. Pursuant to newly adopted Senate Bill 619, which was signed into law in October 2021, jurisdictions that have not met such timeline are also provided the ability to provide a “notification of intent to comply” to CalRecycle before March 1, 2022 to avoid incurring penalties. This gives local agencies additional time to adopt ordinances and other enforcement mechanisms and comply with SB 1383 requirements. This proposed ordinance will mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the Town’s authority, and will allow the Town to comply with SB 1383 regulatory requirements.
FISCAL IMPACT
There is no immediate impact to the Town or its residents due to implementing the SB 1383 requirements listed above. However, as the requirements intensify (e.g., compliance monitoring, outreach, and enforcement), a result of anticipated negotiations between the Town and its franchisee GreenWaste regarding these duties may eventually result in revised rate schedules. Additionally, to ensure and maintain future compliance, additional Town staff and resources will likely be required.
ATTACHMENT
1. Proposed Ordinance adding Chapter 8“Mandatory Organic Waste Disposal Reduction” to Title 6 of the Los Altos Hills Municipal Code.
2. GreenWaste Los Altos Hills Residential Service Guide 5045031.1
1 ORDINANCE ______
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 8 “MANDATORY ORGANIC WASTE DISPOSAL REDUCTION” TO TITLE 6
OF THE LOS ALTOS MUNICIPAL CODE RELATING TO ORGANIC WASTE
DISPOSAL AND RELATED REGULATIONS PURSUANT TO SENATE BILL 1383.
WHEREAS, the Town of Los Altos Hills, California (“Town”) is a municipality, duly organized under the constitution and laws of the State of California; and WHEREAS, in September 2016, Senate Bill 1383 (“SB 1383”) established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy; and
WHEREAS, SB 1383 includes statewide goals to reduce the disposal of organic waste (food scraps, yard debris, paper products, etc.) and recover edible food for human consumption; and WHEREAS, to meet the SB 1383 regulations, jurisdictions throughout the State must adopt an ordinance or other similarly enforceable mechanism by 2022; and WHEREAS, this ordinance will mandate that organic waste generators, haulers, and other entities subject to the requirements of SB 1383 regulations and subject to the authority of the Town of Los Altos Hills, comply with SB 1383 regulatory requirements; and WHEREAS, through adoption of this ordinance, the City Council desires to add Chapter 8, “Mandatory Organic Waste Disposal Reduction”, to Title 6 of the Los Altos Hills Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ordain as follows:
SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:
1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof. such that there exists a current and immediate threat to the public health, safety, and welfare requiring immediate implementation of an urgency ordinance to regulate residential development projects, subdivisions and site developments in the Town of Los Altos Hills.
2. This Ordinance is adopted pursuant to CalRecycle’s SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the Attachment 1
2 EIR are applicable to the Town’s enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance and no additional environmental review is required.
On a separate and independent basis, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines of as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment.
SECTION II. AMENDMENT.
A new Chapter 8, entitled “Mandatory Organic Waste Disposal Reduction” is hereby added to Title 6 of the Los Altos Hills Municipal Code to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.
SECTION III. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION IV. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall be effective upon thirty (30) days from its date of adoption. Within fifteen days after the passage of this ordinance, the Town Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those Town Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
3 EXHIBIT A
Title 6. Sanitation and Health
Chapter 8. Mandatory Organic Waste Disposal Reduction
6-8.01 Purpose and Findings.
The Town of Los Altos Hills finds and declares:
(a) State recycling law, 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. (b) 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 businesses and MultiFamily property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics 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 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 Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, 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. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an Chapter or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Chapter will also help reduce food insecurity by requiring
4 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. (f) Requirements in this Chapter are consistent with other adopted goals and policies of the Town including: the Town of Los Altos Hills’ General Plan, purchasing procedures, Municipal Code provisions including but not limited to those relating to Water Efficient Landscape (Section 10-2.809) and Construction and Demolition (Title 8), and greenhouse gas reduction and local climate action goals.
6-8.02. Title Of Chapter.
This Chapter shall be entitled “Mandatory Organic Waste Disposal Reduction Ordinance”. 6-8.03. Definitions.
The following terms and definitions shall apply for the purposes of this Chapter. Where applicable, the terms and definitions described below shall have the same meaning as set forth under the corresponding provisions of 14 CCR §18982.2 and as respectively restated here. If any definition under 14 CCR §18982.2 contradicts a definition set forth in this Chapter, the definition under 14 CCR §18982.2 shall govern. If a definition under 14 CCR §18982.2 is subsequently modified or replaced after the effective date of the enabling ordinance of this Chapter, the definition under 14 CCR §18982.2 shall govern.
(a) “Blue Container” shall be used for the purpose of storage and collection of Source Separated Recyclable Materials, and means a container where either:
(i) The lid of the container is blue in color; or
(ii) The body of the container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a blue container may be any color. (b) “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). (c) “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). (d) “Code” means, unless otherwise specified, the Town of Los Altos Hills Municipal Code. (e) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling. The term “Commercial Business” or “Commercial” may be referred to as “non-residential” in a franchise agreement with the Exclusive Franchised Hauler.
5 (f) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Sections 3(rrr) and 3(sss) of this Chapter. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
(g) “Compliance Review” means a review of records by a Town to determine compliance with this Chapter.
(h) “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). (i) “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(j) “Container” means either a Blue, Gray, or Green Container described in this Chapter. (k) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants. (l) “C&D” means construction and demolition debris.
(m) “Designee” means an entity that a Town contracts with or otherwise arranges to carry out any of the Town’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, as authorized by the Town.
(n) “Edible Food” means food intended for human consumption. For the purposes of this Chapter, “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (o) “Edible Food Recovery” means actions to collect, receive, and/or re-distribute Edible Food for human consumption from Tier One and Tier Two Commercial Edible Food Generators that otherwise would be disposed.
(p) “Enforcement Action" means an action of the Town to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(q) “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 Town 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 Chapter, including: land use restrictions or conditions, waste that cannot be disposed of in
6 Class III landfills or accepted at the facility by permit conditions, waste that in Jurisdictions, 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 Town, 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, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters, household batteries, and universal wastes, when such materials are defined as allowable materials for collection through the Town’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Town or its Designee for collection services.
(r) “Exclusive Franchised Hauler” means the person or entity with whom the Town has contracted, as set forth under Title 6, Chapter 3 of this Code, to collect, receive, carry and/or transport solid waste in accordance with the provisions of Chapter 3. (s) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
(t) “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as set forth in Section 113789 of the Health and Safety Code.
(u) “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
(v) “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, 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.
(w) “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.
7 (x) “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. (y) “Gray Container” shall be used for the purpose of storage and collection of Mixed Compostables and means a container where either:
(i) The lid of the container is gray or black in color; or (ii) The body of the container is entirely gray or black in color and the lid is gray or black in color. Hardware such as hinges and wheels on a gray container may be any color. (z) “Green Container” may be used for the purpose of storage and collection of Yard Trimmings and means a container where either:
(i) The lid of the container is green in color.
(ii) The body of the container is green in color and the lid is green, gray, or black in color.
Hardware such as hinges and wheels on a green container may be any color. (aa) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Town’s collection service area.
(bb) “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 Compostables 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). (cc) “Inspection” means a site visit where a Town reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Chapter. (dd) “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. (ee) “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, 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, a site under common 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.
8 (ff) “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 regulationsrelated to Solid Waste. (gg) “Mixed Compostable Materials Organic Collection Stream” or “Mixed Compostables” means those materials separated from Source Separated Recyclable Materials, as designated by the Exclusive Franchise Hauler, that must be taken to a High Diversion Organic Waste Processing Facility.
(hh) “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process. (ii) “Non-Local Entity” means the following entities that are not subject to the Town’s enforcement authority:
(1) Special district(s) located within the boundaries of the Town. (2) Federal facilities located within the boundaries of the Town. (3) Facilities operated by the State park system located within the boundaries of the Town.
(4) Public universities (including community colleges) located within the boundaries of the Town.
(5) County fairgrounds located within the boundaries of the Town. (6) State agencies located within the boundaries of the Town. (jj) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties.
(kk) “Organic Waste” means Solid 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. Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(ll) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste.
(mm) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling. (nn) “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.
9 (oo) “Prohibited Container Contaminants” means the following: (i) discarded materials placed in a Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Town’s Blue Container; (ii) discarded materials placed in the Gray Container that are identified as acceptable Source Separated Recyclable Materials, which are to be separately collected in the Town’s Blue Container; and, (iii) Excluded Waste placed in any container. (pp) “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed in a permitted or otherwise authorized facility. (qq) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b). (rr) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber. (ss) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
(tt) “Renewable Gas” means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste. (uu) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption.
(vv) “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.
(ww) “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. (xx) “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. (yy) “Single-Family”, for the purpose of this Chapter, means of, from, or pertaining to any residential premises with fewer than five (5) units.
(zz) “Self-Hauler” means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste. Back-haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment.
10 (aaa) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible 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, dewatered, 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.
(bbb) “Source Separated” means materials, including commingled recyclable 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 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, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Mixed Compostables or other Solid Waste for the purposes of collection and processing.
(ccc) “Source Separated Recyclable Materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation. (ddd) “Source Separated Yard Trimmings” means any material designated to be separated from the waste stream for purposes of yard trimmings composting. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation (eee) “State” means the State of California.
(fff) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
11 (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.
(ggg) “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. (hhh) “Town” means the Town of Los Altos Hills.
(iii) “Town Enforcement Official” means the City Manager or his or her designee, the City Attorney, or the individual or entity duly authorized by the Town, as applicable, who is/are partially or wholly responsible for enforcing the requirements of this Chapter. (jjj) “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, prepared for distribution to a retailer, warehouse, distributor, or other destination.
6-8.04. Requirements For Single-Family Generators.
Single-Family Organic Waste Generators shall:
(a) Subscribe to Town’s Organic Waste collection services for all Organic Waste generated as described below in subsection (b) below. Town 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; and, Single-Family generators shall adjust its service level for its collection services as requested by the Town. Generators may additionally manage their Organic Waste by preventing or
12 reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. 6-8.05. Requirements For Commercial Businesses.
Generators that are Commercial Businesses shall:
(a) Subscribe to Town’s collection services and comply with requirements of those services as described below in subsection (b). Town shall have the right to review the number and size of a generator’s 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; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Town.
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Town’s Blue Container, Green Container, and Gray Container collection service. (d) Provide containers for the collection of Source Separated Yard Trimmings and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials
13 that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Town, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A 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. (2) 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.
(e) 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 Town’s Blue Container, Green Container, and Gray Container collection service. (f) Periodically inspect Blue Containers, Green Containers, and Gray 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). (g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Yard Trimmings and Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Yard Trimmings and Source Separated Recyclable Materials separate from Mixed Compostables (when applicable) and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6-8.13 of this Chapter to confirm compliance with the requirements of this Chapter.
(j) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 6-8.07 and 6-8.08.
14 6-8.06. Waivers For Generators.
(a) Physical Space Waivers. The Town may grant a physical space waiver to a Commercial Business for complying with the recyclable materials and/or Organic Waste collection service requirements of this Chapter, if the Town receives evidence from its own staff, its Designee, the Commercial Business requesting a waiver, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6-8.05.
The number of requirements that may be waived pursuant to a waiver granted by the Town shall be determined by the Town based on the particular operational circumstances of each Commercial Business as demonstrated by the foregoing evidence or the submittals described below.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Town that it is still eligible for physical space waiver every five years, if Town has approved application for a physical space waiver. (b) Collection Frequency Waiver. The Town, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Town’s three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. Notwithstanding the grant of an exception under this subsection, however, containers containing putrescible materials must be collected once every seven days.
(c) Review and Approval of Waivers by Town. The City Manager or his or her designee shall have the authority to review and approve waivers described in the foregoing sections. 6-8.07. Requirements For Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 6-8.08 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.
15 (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: (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) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, as required 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.
(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,
16 relating to food safety, as amended, supplemented, superseded and replaced from time to time).
6-8.08. 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) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town it is located in 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). This report shall be submitted quarterly, or at the discretion of the Town or its Designee, less frequently, and shall cover the activity that occurred since the period of the last submission.
(d) Food Recovery Capacity Planning
17 (1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Town, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Town.
6-8.10. Requirements For Haulers And Facility Operators. (a) Requirements for Haulers
(1) Exclusive Franchised Hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the Town’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Town to collect Organic Waste:
(A) Through written notice to the Town annually as provided in the franchise agreement with the Exclusive Franchised Hauler, which shall not be less than annually, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables.
(B) Transport Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) If authorization is not otherwise provided in the Exclusive Franchise Agreement, obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Yard Trimmings to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6-8.12 of this Chapter, Chapter 1.10 under Title 8 of this Code, and other applicable Town C&D requirements under this Code.
(2) Exclusive Franchised Hauler authorized to collect Organic Waste in the Town shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Town. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publiclyPage 228 of 516 18 owned treatment works shall, upon Town 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 Town shall respond within 60 days. (2) Community Composting operators, upon Town request, shall provide information to the Town 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 Town shall respond within 60 days.
6-8.11. Self-Hauler Requirements.
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste generated onsite from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Commercial Business Self-Haulers shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town or its Designee. If requested in writing, the Commercial Business Self-Hauler shall provide the record to Town or its Designee. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator 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 the weight of material but shall keep a record of the entities that received the Organic Waste. 6-8.12. Compliance With Calgreen Recycling Requirements. (a) Any individual or entity submitting an application for a building permit from the Town shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by reference under Title 8 of this Code. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
19 (b) Applicants with projects subject to CALGreen requirements must, as a condition of building permit issuance, must :
(1) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. (2) Comply with Town’s C&D regulations under Title 8 of this Code, and all written and published Town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 6-8.12. Procurement Requirements For Town Departments, Direct Service Providers, And Vendors.
(a) The Town’s departments, and direct service providers to the Town, as applicable, must comply with the Town’s Recovered Organic Waste Product procurement policy most recently in effect and as may be amended from time to time, and Recycled-Content Paper procurement policy most recently in effect and as may be amended from time to time. The Town’s City Manager shall have the authority to adopt and amend as necessary administrative instructions to effectuate the procurement policies described herein. (b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Town. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the Town’s Recovered Organic Waste Product procurement recordkeeping Designee in accordance with the Town’s Recycled- Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper
20 purchases within thirty (30) days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (b)(3) and (b)(4) above for recycled-content purchases, (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided. 6-8.13. Inspections And Investigations By Town.
(a) The Town or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads during unloading, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section shall not be construed to allow the Town or its Designee to enter the interior of a private property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure 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.
(c) Any records obtained by a Town 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) Town representatives, its designated entity, and/or 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) The Town 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. Complaints shall be received and processed as follows:
a. Complaints shall be submitted in writing and shall include the following information:
i. If the complaint is not anonymous, the name and contact information of the complainant.
21 ii. The identity of the alleged violator, if known.
iii. A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
iv. Any relevant photographic or documentary evidence to support the allegations in the complaint.
v. The identity of any witnesses, if known.
b. The Town or its Designee shall review the complaint for compliance with the foregoing requirements of subsection (e)(1) and determine whether the allegations, if proven true, would constitute a violation of this Chapter. If so, the Town or its Designee shall commence an investigation within 90 days of receiving the complaint. The Town or its Designee may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to it.
c. If the identity and contact information of the complainant are known, the Town or its Designee shall provide notice to the complainant upon conclusion of the investigation the status or results of their complaint. d. The Town shall maintain records of all complaints and responses pursuant to this section as required by 14 CCR Section 18995.2, as may be amended. The records shall include the complaint as received and the Town's determination of compliance or notice of violations issued.
(f) The City Manager is authorized to adopt administrative regulations to further implement or effectuate the requirements of this subsection.
6-8.14. Enforcement.
(a) Violation of any provision of this Chapter shall be subject to the administrative citation process set forth under Title 1, Chapter 2 of this Code by a Town Enforcement Official or Regional Agency (as defined in Public Resources Code Section 40181) or County Agency Enforcement Official, except that any lien procedure that may be described under that chapter or elsewhere under this Code shall not apply to violations under this Chapter. Non-Local Entities and Local Education Agencies are not subject to the Town’s enforcement authority. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Town staff and resources. (c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the Town Enforcement Official.
22 (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Town, in consultation with Town Enforcement Official. (A) Town Enforcement Official(s) will interpret Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) Town Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Town Enforcement Officials will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 6-8.13 establishes Town’s right to conduct inspections and investigations.
(2) Town may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) Issuance of a Notice of Violation.
(A) For incidences of Prohibited Container Contaminants found in containers, Town will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container.
(B) Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within twenty-four hours after determining that a violation has occurred.
(C) If the Town observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasion(s) or more than three (3) times in any twelve (12) month period, the Town Enforcement Official may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 6-8.14(d)(3), Town shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the notice recipient within the deadline set forth in the Notice of Violation as described above, Town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Title 1, Chapter 2 or any other remedy available to the Town.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
23 (e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6-8.14 if it finds that there are extenuating circumstances based on evidence presented in the record before it that are beyond the control of the respondent that make compliance within the deadlines impracticable, including but not limited to 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 Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) 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 Town’s procedures in the Town’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
24 Beginning January 1, 2022 and through December 31, 2023, Town will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Town determines that Organic Waste Generator, 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. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other 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 Section 6-8.14, as needed. 5044023.3
TOWN OF LOS ALTOS HILLS February 17, 2022
Staff Report to the City Council
SUBJECT: ADOPT RESOLUTION AUTHORIZING CONSULTING SERVICE AGREEMENTS WITH 4LEAF, INC.; AND WEST COAST CODE
CONSULTANTS, INC., FOR CONTRACT BUILDING SERVICES FOR A PERIOD OF THREE (3) YEARS IN AN AMOUNT NOT TO EXCEED $150,000
PER CONTRACT
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council adopt a resolution authorizing consulting service agreements with 4Leaf, Inc (4Leaf) and West Coast Code Consultants, Inc. (WC3) for contract building services for a period of three (3) years in an amount not to exceed $150,000 per contract.
BACKGROUND
Planning and Building Department is committed to providing professional, courteous, and efficient service to the public, ensuring that new development complies with local, state, and federal land use and environmental regulations, and guiding the physical development of the Town in a manner that is consistent with the goals and values of the community. The Department is comprised of Planning, Building, and Code Enforcement operations. It includes seven (7) full-time regular employees and one (1) part-time contract employee.
The building division is responsible for plan checking, inspection, and permitting to ensure life safety, and quality control on building activity within the Town. At present, there are two (2) fulltime employees in the building division, which include Senior Building Inspector and Building Technician. The building division also has a budget for contract personnel for contract Building Official services up to 12 hours a week. The building division contracts for plan review services and from time to time, contract inspection and permit technician services on as needed basis.
At present, Town has a services agreement with CSG Consultants, Inc. (CSG) which was approved by the City Council on September 14, 2006 and extended on October 11, 2017 with no specific end date. The original agreement includes the provision of consultant building, planning, and engineering services. CSG has been providing excellent services to the Town for all these areas.
Two (2) addendums were approved to the agreement in 2021, including addendum #1 to include Code Enforcement services and Addendum #2 to include Assistant Engineer, Consultant Engineering services and Interim City Engineer services. The original contract, subsequent extension, and addendums are available at the Town Hall for reference.
However, staff has determined that it would be beneficial to have additional firms to necessitate coverage for building services to continue providing services to the community.
AGENDA ITEM #4.K
S.M.
P.P.
City Council Page 2
Resolution Authorizing service agreements with 4Leaf and WC3 for Contract Building Services February 17, 2022
DISCUSSION
As discussed above, the Town has a services agreement with CSG for building department services. CSG provides various services including, building structural plan checks, surveys, review of final maps and so on. In addition, the Town also had short-term service agreements with 4Leaf (August 25, 2021, through November 30, 2021.) and WC3 (August 20, 2021, through October 30, 2021) to augment building division needs. Both these agreements were within the signing authority of the City Manager ($25,000.) In recent months (September and October 2021), staff has utilized personnel from WC3 for building inspections and permit technician.
As noted earlier, there is only one (1) building inspector and one (1) permit technician in the building division. The town does not employee a full time Building Official and this is consistent with other towns such as Portola Valley and Hillsborough. The existing part time contract-services model meets our need for the Building Official.
There have been instances when regular personnel (building inspector and permit technician) are unavailable due to vacation, illness, and injury. This particular issue has been exacerbated due to Covid-19. When the personnel have called in sick the same day and a few times for an extended period of time, staff has contacted CSG for help for building inspections and permit technician.
However, there have been a few instances when CSG was unable to accommodate these requests as their personnel were already occupied. As a result, staff had to either postpone or reschedule some of the inspections causing inconvenience to the residents.
Keeping in mind that the Town has only one (1) personnel each for both positions in the building division, and the issue arising from unavailability of regular personnel can cause disruption to the working of the department. Also, throughout any fiscal year, fluctuations occur in the number of permit applications received by the building division Thus, staff determined that it would be helpful to add more consulting firms to cover all aspects of the building department.
Staff contacted a few consulting firms including, WC3, 4Leaf, and Interwest, to obtain a scope of services and associated fees for building department services. Two (2) firms responded: 4Leaf and WC3. Statement of Qualifications along with fees for 4Leaf is included in Attachment 3 and for WC3 in attachment 4.
Staff is requesting approval of service agreements with two additional (2) firms to ensure the availability of plan examiners, permit technicians, and on-call building inspectors from any of the consultants within short notice. Contracting with only one (1) consulting firm has limitations as the firm may not be able to dispatch personnel to the Town when needed. Adding additional consulting firms will widen the available pool of plan examiners, permit technicians, and qualified inspectors. Additionally, having contracts with multiple firms will provide staff the flexibility to select on-call building services to provide coverage at all times. As noted earlier, staff had shortterm services agreements with both 4Leaf and WC3, and these long-term agreements will save staff time entering and coordinating short term agreements.
Staff has determined that both 4Leaf and WC3 can provide the required services for the building division. Thus, staff is recommending the City Council enter into a contract for a period of three
City Council Page 3
Resolution Authorizing service agreements with 4Leaf and WC3 for Contract Building Services February 17, 2022
(3) years with both the consultants and in the amount not exceeding $150,000 per contract (based on $50,000 per year). Staff would continue to contract with CSG on plan reviews, inspections, and contract Building Official personnel, and these two (2) consulting firms would be add-ons and back-up for on-call building services.
The Town spends a lot of money on plan checks and staff would like to determine the need for an in-house Plan Examiner based on the consistent number of plan reviews that the Town undertakes.
However, staff would bring this evaluation to the City Council and seek direction to add a fulltime Plan Examiner to the building division prior to making a determination.
The purpose of these two (2) services agreements with 4Leaf and WC3 are to avoid disruption and delay and provide continuity of services to the community in the event that the building division experiences unexpected absences. These additional contracts will allow the town to have a wider variety of consultants to draw from to fill temporary staff shortages. Thus, staff recommends that the City Council authorize consulting service agreements with 4Leaf and WC3 for contract building services.
FISCAL IMPACT
Funding for staff augmentation such as building inspectors, and permit technicians is part of the budget for building division. The cost for services related to development projects and building permits are paid by the applicant (example: structural plan check for building permit). These additional contracts will not result in an increase in expenditures, it only provides a greater variety of vendors to do the same quantity of work.
ATTACHMENTS
Attachment 1: Resolution
Attachment 2: Scope of services and fee schedule for 4Leaf Attachment 3: Scope of services and fee schedule for WC3
Resolution -22 Page 1
RESOLUTION -22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING SERVICES AGREEMENT WITH CSG CONSULTING, INC. AND WEST COAST CODE CONSULTANTS, INC. FOR CONTRACT BUILDING SERVICES WHEREAS, Planning and Building Department is committed to providing professional, courteous, and efficient service to the public, ensure that new development complies with local, state, and federal land use and environmental regulations, and guide the physical development of the Town in a manner that is consistent with the goals and values of the community; and WHEREAS, the Town has a services agreement with CSG Consultants, Inc. (CSG) to provide consulting building, planning, and engineering services; and WHEREAS, staff determined that adding additional consulting firms will widen the available pool of plan examiners, permit technicians, and qualified inspectors. Additionally, having contracts with multiple firms will provide staff the flexibility to select on call building services to provide coverage at all times.; and
WHEREAS, staff contacted a few consulting firms including, West Coast Code Consultants, Inc. (WC3), 4Leaf Inc. (4LEAF), and Interwest to obtain scope of services and associated fees for building department and received responses from 4Leaf and WC3; and WHEREAS, Staff request the approval of service agreements with 4Leaf and WC3 to ensure availability of plan examiners, permit technicians, and building inspectors on as needed basis in addition to CSG; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized on behalf of the Town to enter into a services agreement with 4LEAF and WC3 for a period of three (3) years with a not to exceed amount of $150,000 per contract ($50,000 per year); and
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th day of February 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
AS-NEEDED BUILDING
CONSULTANT SERVICES
to the
QUALIFICATIONS TO PROVIDE
TOWN OF LOS ALTOS HILLS
SUBMITTED BY
FEBRUARY 3, 2022
Attachment 2
TABLE OF CONTENTS
1-23-4
SECTION 2
PROFILE OF THE FIRM
SECTION 1
COVER LETTER
5-10 SECTION 3
SCOPE OF WORK
SECTION 4
STAFFING / KEY PERSONNEL
SECTION 5
PROJECT EXPERIENCE
SECTION 6
FEE SCHEDULE
17-23
24-26
11-16
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 1
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
COVER LETTER
Engineering • Construction Management • Inspection • Plan Check • Planning 2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 • Fax (925) 462-5958 8896 N Winding Way • Fair Oaks, CA 95628 • Phone (916) 965-0010 • Fax (916) 965-0013 Town of Los Altos Hills February 3, 2022
Attn: Sofia Mangalam
26379 Fremont Road
Los Altos Hills, CA
RE: Qualifications to Provide As-Needed Building Department Services.
Dear Ms. Mangalam,
4LEAF, Inc. (4LEAF), a California “C” Corporation, is pleased to present our proposal to provide Building Division Staff and Plan Review Services to the Town of Los Altos Hills (Town). 4LEAF is a full-service firm and has been providing these services to numerous clients throughout California for 20+ years. 4LEAF is the ideal choice for the following reasons:
Local Presence
4LEAF has been providing services to the County of Santa Clara since 2008 and has expanded our presence to provide services to multiple municipalities within the county. 4LEAF offers expert knowledge and skills as we have wide-ranging project experience in varying locations. Our familiarity with the areas surrounding the Town of Los Altos Hills is strong and we are eager to expand our services to municipalities within the Silicon Valley area. Depth of Resources
Regardless of your personnel needs, 4LEAF has the depth of resources to provide staff on short notice. 4LEAF has a proven track record of providing as-needed staff typically within 24 hours of request. 4LEAF has the largest pool of inspectors and permit technicians in the industry (more than 200 inspectors, and more than 50 permit technicians) and has the desire to serve any inspection or plan review need the Town may have, regardless of duration. The Town will have access to 4LEAF’s ICCCertified plan review and inspection team for all project needs. Approach
Our staff incorporates the right combination of experience, education, certifications, and registrations, allowing the 4LEAF team to provide a wide range of resources customized to the specific requirements of each client and project. 4LEAF principals and project managers have the experience to handle any requests. You can be confident that your team will be partnering with staff that understands your department and service protocols.Our approach to providing professionalservices to the Town is straight forward:
• Provide qualified professionals who know how to partner successfully with the Town • Supply proven resources and innovative ideas
• Offer resource reliability and flexibility
• Respond to the Town’s needs
• Communicate with the Town, Developers, Contractors, Architects, and homeowners Comprehensive Plan Review Services
4LEAF is one of the Building & Safety industry’s leader in Plan Review Services. 4LEAF’s Plan Review Services include:
• Structural Engineers, CASp, and Mechanical/Electrical/Plumbing Plan Review Staff • Fire Review
Engineering • Construction Management • Inspection • Plan Check • Planning 2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 • Fax (925) 462-5958 8896 N Winding Way • Fair Oaks, CA 95628 • Phone (916) 965-0010 • Fax (916) 965-0013 • Less than 24-hour pickup and delivery of all plan reviews performed off-site • Electronic plan review services
• Expedited plan review services
• Familiarity with programs such as Accela, EnerGov, eTRACKiT, iWorks, and e-PlanSoft • Special negotiated discounted rates for large/complex reviews • Immediate response from 4LEAF’s project manager or management team Building Inspection Services
4LEAF has the largest group of building inspectors in California. We currently manage five large contracts with inspection teams of approximately 10 or more staff. Most of these contracts include plan review and inspection with technology giantssuch as Apple, Facebook, VMware, and Workday.
In addition, we have five major fire recovery programs in Sonoma County, the Town of Paradise, Santa Cruz County, Solano County, and Jackson County, OR. 4LEAF has a track record of providing ICC-certified Building and Public Works inspectors as needed including staffing for short-term assignments including one day assignments to cover staff training, sick days, vacation days, or spikes in permit activity.
CASp Expertise
4LEAF has approximately 16 Certified Access Specialists on staff. We have performed CASp inspection and plan review projects and have consulted on numerous construction projects for accessibility questions and advice.
Leadership
The contract with the Town of Los Altos Hills will be managed by Craig Tole. Craig has a proven track record of success with jurisdictions in California and is authorized to negotiate Agreement terms and compensation with the Town.
Executive Project Manager 4LEAF Local Office
Craig Tole
Office: (925) 462-5959
Cell: (925) 580-4055
Email: [email protected]
2126 Rheem Drive
Pleasanton, CA 94588
Office: (925) 462-5959
Website: 4LEAFINC.COM
4LEAF can dedicate the time, personnel, and resources to the Town to fulfill the needs of this As-Needed Building Department Services contract and we guarantee on-call staff availability. 4LEAF has no conflicts of interest to report that would hinder our ability to perform work for the Town. As President of 4LEAF, I am authorized to bind this firm. Should you have any questions or require additional information, please feel free to contact me at your convenience.
Respectfully submitted,
Kevin J. Duggan
President
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 2
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
PROFILE OF THE FIRM
Qualifications to provide On-Call Building Department Services to the Town of Los Altos Hills Page 3 Section 2: Profile of the Firm February 3, 2022
SECTION 2: PROFILE OF THE FIRM
4LEAF, Inc. (4LEAF) is a California “C” Corporation that was established in 1999 and incorporated in 2001. Our extensive team of engineers and managers are fully equipped with training and experience required to perform the Plan Review, Inspection, and Community Development Services they provide to municipal Building, Fire, Planning, and Public Works Departments. Our goal is to set the industry standard for excellent customer service as we continue to grow our highly qualified staff that has reached 400+ professional personnel throughout California, Oregon, Washington, Nevada, and New England.
FIRM MANAGEMENT
OFFICE LOCATIONS
Bay Area - Headquarters Southern California Sacramento
2126 Rheem Drive 5140 Birch Street, Second Floor 8896 North Winding Way Pleasanton, CA 94588 Newport Beach, CA 92660 Fair Oaks, CA 95628 San Diego Paradise Washington
402 West Broadway, Suite 400 6848 Skyway, Suite F 1201 Pacific Avenue, Suite 600 San Diego, CA 92101 Paradise, CA 95969 Tacoma, WA 98402 Santa Cruz 4LEAF Consulting, LLC New England
701 Ocean Street 125 E. Reno Ave., Suite 3 132 Central St., Suite 210 Santa Cruz, CA 95060 Las Vegas, NV 89119 Foxboro, MA 02035
PROFESSIONALS
Title # of Staff Title # of Staff
ICC Certified Plans Examiners 40+ ICC Certified Inspectors & Inspectors of Record
200+
ICC Certified Building Officials 20+ Registered Architects 5+ Registered Engineers (PE, SE, FPE) 20+ Fire Plan Examiners & Inspectors
30+
Code Enforcement Staff (PC832) 25+ CASp 16
Construction Managers/Inspectors 40+ Permit Technicians 50+ President: Kevin Duggan
(P) – (925) 462-5959 (E) – [email protected]
Vice President: Bert Gross, P.E.
(P) – (916) 965-0010 (E) – [email protected]
Vice President: Gene Barry, P.E.
(P) – (925) 462-5959 (E) – [email protected]
Executive Project Manager: Craig Tole
(C) – (925) 580-4055 (E) – [email protected]
Qualifications to provide On-Call Building Department Services to the Town of Los Altos Hills Page 4 Section 2: Profile of the Firm February 3, 2022
PHILOSOPHY OF THE FIRM
The 4LEAF philosophy is to be the best firm by providing our clients with outstanding customer service and firstrate plan review and inspection services. We put our philosophy into action by building client relationships and prioritizing the needs of our clients—this has led us to become the industry leader in providing Building Department Services to both public and private clients throughout California. 4LEAF has provided plan review and inspection services for numerous projects including cannabis facilities, office campuses, parking garages, transportation facilities, city/county-owned buildings, universities, public schools, hospitals, sports arenas, infrastructure, essential service facilities, solar projects, and laboratories. 4LEAF’s staff has a depth of experience in working with all types of building structures and has performed inspection and plan review services on more than $50 billion dollars in construction during the past 20 years.
We have worked with planning and building departments in the construction, rehabilitation, and repair of both public and private buildings as well worked with design review and preservation boards to determine the design criteria and associated project requirements of building improvements. In addition, our staff have performed inspections and plan reviews for public and private building structures for compliance with life-safety and Americans with Disabilities Act (ADA) accessibility requirements.
Snapshot of Services
Inspection Fire Planning
• Leed Accredited Professionals
• Inspectors of Record
• Program Analysis & Studies
• Correcting Code Deficiencies
• Investigating Complaints
• Violation Issuance
• Jurisdictional Inspectors
Residential & Commercial
• ICC-certified Plan Reviewers
• Certified Accessibility Specialists
• ICC-certified Building Officials
• Complete Building Dept. Services
• On- and Off-Site Plan Review
• Property Condition Surveys
• Industrial, Energy, & Solar Plan
Review and Inspections
• Compliance for Site Access Reqs.
• Compliance for Fire Flow Reqs.
• Review of Fire Prevention,
Suppression, and Detection Systems
• Code Compliance for Sprinkler,
Standpipe, Alarm, Notification
Systems, and Fire Pump
• Hazardous Occupancies, High Piled
Storage, and Smoke Control Systems
• Review of Alternate Means
• Review of Methods Requests
• Annual Business Inspections
• Complete Fire Prevention Services
• Fire Alarm/Sprinkler Inspections
• Special Event Permits
• Hazardous Materials Inspections
• Current and Long-Range
• Phase I & II Environmental Assmnts.
• CEQA Review
• Initial Studies
• Environmental Impact Reports (EIR)
• Emer. Ordinance & Policy Drafting
• Review for Rebuilds and Temporary
Housing
• Housing & Safety Elements
• Site Inspections
• Application Processing
• Developing Submittal Forms
• Property Research
• Land Use Applications
• Design Review
• Cannabis Regulations
FINANCIAL STABILITY
4LEAF is a financially stable company and many of our contracts are multi-year, which provides a large base for stability, a significant backlog of funding, and the support for many in-house resources. During the past 20 years, 4LEAF’s reputation for technical excellence and corporate integrity has allowed us to grow our staff and expand our services into new areas. We presently have seven offices located throughout California, Nevada, Washington, and New England. We have a staff of more than 300 certified and employees available to serve our clients and ensure that any needs are met with friendly, accommodating, and experienced assistance.
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 3
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
SCOPE OF WORK
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 5 Section 3: Scope of Work Approach February 2, 2022
SECTION 3: SCOPE OF WORK
Inspection Services
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. We maintain the largest database of qualified inspectors of varied qualifications. Inspectors vary from current full-time inspection staff, idle staff (temporarily between assignments), and pre-qualified staff which include inspectors who are available subject to client demand. 4LEAF’s inspectors are all ICC Certified and experienced working within a municipal work environment. 4LEAF will provide inspectors with all the necessary tools, equipment, and current code books sufficient to facilitate all required inspections. 4LEAF can provide interim or full-time building inspectors or permit technicians same-day or within one business day. Simply call, email, or text our assigned Project Manager, Craig Tole, for an immediate response.
We maintain an on-call database for as-needed requests with our clients. 4LEAF utilizes this service for more than 300 municipalities. Below is a snapshot of our database.
Inspection Options
Periodic Inspection Services Available Next Day
4LEAF can fulfill inspection requests immediately upon request including same day. 4LEAF has a wealth of local and available inspectors ready to serve the Town. In addition, 4LEAF has a proven track record of providing such services to a number of different building departments.
Part-Time Inspection Services Available Next Day
4LEAF will provide the Town with part-time inspectors upon request. 4LEAF can provide part-time staff within 24 hours of request for any duration of time. 4LEAF’s Project Manager will work closely with the department to identify the right personnel and determine the appropriate work schedule.
Full-Time Inspection Services Available Two Days or Less 4LEAF can provide full-time inspectors upon request. 4LEAF provides this service regularly to many clients throughout Northern California, Central Coast, Sacramento Valley, Peninsula/South Bay, East Bay, North Bay, and Central Valley.
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 6 Section 3: Scope of Work Approach February 3, 2022
Project Specific Inspection Services Available Two Days or Less 4LEAF is often tasked with providing inspection services to large projects on behalf of municipalities. 4LEAF currently handles large-scale projects for such clients as the City of Palo Alto, City of Cupertino, etc. These projects are developer funded into a separate account which are distributed to 4LEAF using a separate invoice and contract number. This is particularly helpful to fast paced projects looking for continuous inspection services over a short period of time (i.e. 6 - 36 Months).
On-Call Building Department Staffing
4LEAF has a proven track record of providing Permit Technician/Counter staff to jurisdictions. The 4LEAF pool of talented professionals includes qualified and experienced permit technicians capable of providing all permit processing and counter services. 4LEAF can deploy such staff on short notice and offer training programs for department staff, if required. Our staff encompasses the right combination of experience, education, and certifications. 4LEAF Permit Technician Staff must be experienced and dedicated to serving the public at the Planning and Building Department counter.
4LEAF Building Officials encompasses the right combination of experience, education, and certifications. Typical duties include:
• Supervises and coordinates the activities and training of all personnel assigned to the department. • Develops standards and procedures for the conduct of the department. • Provides general guidance to the work program of the department and aiding in interpreting policy. • Acts as technical advisor to employees in solving difficult assignments. • Participates in code development with appropriate agencies and jurisdictions. • Formulates division operating budget for the review and approval by the department director. • Organizes, plans, coordinates, trains, directs, controls, reviews, and represents the municipality as its expert in the field of building code administration and enforcement. • Reviews and approves alternate materials, alternate design and methods of construction, and modification requests.
• Observes conditions and issues notices for corrections to persons responsible for conformance. • Interprets legal requirements and recommends compliance procedures to contractors, workers, and owners.
• Responsible for updating building codes.
• Other duties as assigned.
4LEAF Permit Technicians have the experience and dedication to serve at the public Planning and Building Department counter. Typical duties include:
• Accepting Plans for Plan Check
• Verification that Plans are accurate and complete
• Calculate Permit Fees
• Explain ordinances and procedures to owners, contractors, developers, architects, and general public • Assist with preparation of permit applications
• Receive Plans for Planning and Building permits and route to various agencies (if requested)
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 7 Section 3: Scope of Work Approach February 3, 2022
• Accept complaints on code violations, process, and record complaints • Answer telephone for field and office staff
• Process inspection requests
• Maintain files for building permits
• Operate Building Department’s computerized information system • Input variety of information including building permits and inspections • Complete related duties and responsibilities as assigned by Building Official and Senior staff members 4LEAF has numerous Building Official and Permit/Counter Technicians on staff, many of whom are currently assigned to Building Departments throughout the state. All staff will have the materials, resources, tools, and training required to perform the job.
Building Department Services Placement Schedule
Building Department Staff Interim Full-Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Building Official < 2 Days < 15 Days
Plan Review Services
4LEAF will provide plan review for any and all types of structures to ensure compliance with all adopted codes, local ordinances (including Tier 1 of Cal Green, if required) and state and federal laws that pertain to Building and Safety, and for compliance with the adopted International Code Council (ICC) Building, Plumbing, Electrical, Mechanical, National Fire Protection codes and standards, and the Accessibility and Noise and Energy Conservation requirements as mandated by the State of California Title 24, State of California Water Efficient Landscape Ordinance, the State of California Certified Access Specialist (CASp) compliance, and all other applicable ordinances. Types of projects we provide these services for include Single-Family Dwellings, large Multi-Family Mixed-Use Dwelling Units, Commercial, and Industrial.
Process Mapping
4LEAF aims to bring departmental processes together by identifying and eliminating obstacles to streamline processes. Our subject-matter experts visit each department within a jurisdiction to conduct an analysis of existing processes, identify how best to streamline separate departmental processes to improve workflow, and provide guidance and recommendations on an improved work plan.
4LEAF implementation staff work both on- and off-site during this process and offer extensive training to existing municipal staff members on the use of a jurisdiction’s preferred permitting software. We have a robust amount of experience with software that aids in the implementation of process mapping, such as e-PlanSoft, TRAKiT, EnerGov, Accela, and iWorq.
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 8 Section 3: Scope of Work Approach February 3, 2022
Approach
We understand that the specific building plan review responsibilities will include, but are not limited to:
• Examining plans, drawings, specifications, computations documents, soils reports, and additional data; • Ascertaining whether projects are in accordance with applicable building and fire codes, and Town ordinances, including but not limited to Title 24 and Title 25; • Performing such reviews as, structural, MEP, green building, fire and life safety, grading and drainage; • Reviewing plans to ensure conformity to the required strengths, stresses, strains, loads, and stability as per the applicable laws;
• Reviewing plans to ensure conformity with use and occupancy classification, general building heights and areas, types of construction, fire resistance construction and protection systems, means of egress, accessibility, structural design, soils and foundations; and masonry; • Providing additional plan review services as requested by the Town; • Conducting all plan review at the Town Department or at a site mutually agreed upon in writing and; • Supplying all plan review staff with all code books and other basic professional references.
On- and Off-Site Review
4LEAF can supply Registered Professional Engineers to the Town to work on-site performing structural plan review and non-structural reviews at the Jurisdiction’s discretion. Our experience includes checking for compliance with the structural, life-safety, accessibility, plumbing, mechanical, electrical, fire, and local codes/ordinances.
4LEAF’s EZPlan Review
EZPlan Review is our in-house tracking software that
acts as a communication tool between 4LEAF and
the jurisdictions we work with. The use of EZPlan
makes communication easy. This web portal allows
users visualize project due dates, notes, and status
updates so that projects can be followed from start
to finish. Additionally, 4LEAF provides electronically
stamped and uploaded copies of approved project
plans, a value which saves clients time and
resources. With the use of EZPlan, 4LEAF hopes to
provide a level of ease and transparency during the
off-site plan review process.
Document Control
When plans and documents are received for review, 4LEAF’s Plan Review Manager and Document Control Technician analyze the project, creates a job number, and completes a Job Setup Sheet. This form highlights both the jurisdiction, applicable contact information, and all project specific design criteria and notes. Jobs are then transmitted through 4LEAF’s easily accessed EZPlan Review Portal which tracks initial and subsequent reviews and is open for view by the client. The Town and their customers can view 4LEAF’s plan review control log through 4LEAF’s EZPlan Review Portal.
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 9 Section 3: Scope of Work Approach February 3, 2022
Plans then get distributed for review to a 4LEAF team consisting of Plan Review Engineers, Architect (a licensed state professional) and/or an ICC Certified Plans Examiner, as applicable. Our staff then performs his or her function of analyzing the plans and documentation for effective conformance to the state codes, referenced construction standards, and Town amendments. 4LEAF’s code review methodology is “The Effective Use of the Codes” reinforced through proprietary and jurisdictional checklists. When complete, the Plan Review Manager overviews the project for quality control purposes and forwards comments or approvals to the client’s predesignated contacts.
Off-Site Electronic Plan Review
Digital plan review allows 4LEAF the ability to review, markup and transport plans of any size electronically. We strongly encourage this service for our clients. This process delivers a high degree of cost effectiveness, time efficiency and a “green” and environmentally friendly system. Through our strong focus on utilizing this digital capability, we offer full access to all 4LEAF engineers and plans examiners company-wide, from any of our office locations. A protected online portal will be established to allow property owners, contractors, developers, businesses, designers, and stakeholders to submit plans electronically for review. Access to the online portal will be given to Town staff for immediate access to information regarding project status during the review process. 4LEAF has successfully implemented and used Bluebeam for electronic review of files to help eliminate the use of paper and take the plan review workflow to a whole new level. 4LEAF’s offices are equipped with large scale monitors for easy review of plans. Bluebeam Revu combines powerful PDF editing, markup, and collaboration technology with reliable file creation. Bluebeam integrates flawlessly with our Green Line approach for electronic and timely turnarounds resulting in permit issuance within 5-7 business days.
Additional Services
Planning
4LEAF Planners are expected to comprehend plans, policies, and the codes of our client agencies to the greatest extent possible prior to beginning assignments. We understand a wide range of planning principles and have mastered the concepts of the industry. Our team of Planners has successfully managed complex projects ranging from pre-application through final approval including environmental review and certification. At 4LEAF, we perform a deep dive into agency plans and policies to fully comprehend the vision, mission, and culture of your organization. This allows us to place the most qualified individual(s) and fulfill agency needs.
Code Enforcement
4LEAF staff have experience in working cooperatively with property owners and other responsible parties to bring properties and/or conditions into compliance with applicable bodies of law. Our team will be able to determine when voluntary compliance is not forthcoming from property owners or responsible parties. 4LEAF staff will have experience in using administrative processes including the issuance of administrative citations to credibly establish at the administrative level that violations of law exist on a property. 4LEAF Code Enforcement
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 10 Section 3: Scope of Work Approach February 3, 2022
Officers have experience in writing criminal citations and in working with legal counsel to assist in the successful prosecution of Code Enforcement cases either in criminal or civil court when necessary.
Public Works
4LEAF can provide Construction Management and Inspection services for the following types of Civil and Capital Improvement Program (CIP) projects:
• Storm drain inlet and pipelines
• Roadway / streetscape
improvements
• Creek & channel diversions
• Levees
• Culverts
• Grading & Earthwork
• Water/Wastewater Treatment
Facilities
• Sanitary sewer conveyance
systems
• Bike and pedestrian safety
improvements
• Landscaping and irrigation
• Pedestrian bridges
• Retaining Walls
• Pump Stations
• Park and Recreation Facilities
• Recycled water pipeline
installation
• Waterline installation
• Curb, gutter, and sidewalk
installation
• Traffic Signals / Streetlighting
• Residential subdivisions
• Paving and slurry seal project
• Seismic Retrofits
Additional Technologies
Having served more than 300 jurisdictions, 4LEAF and our staff are knowledgeable and have experience working with a variety of different technologies for Electronic Plan Review, Permit Tracking, and Building Inspections. 4LEAF’s experience with tracking technologies includes, but is not limited to:
Structural Only Review
Upon request, 4LEAF will perform “structural only” reviews for the Town. 4LEAF can communicate directly with the designers via email, in-person meetings, and through our EZPlan Review system. 4LEAF prefers PDF files for “structural only” reviews as they allow several Structural Engineers to review plans together should there be design-related questions. The majority of 4LEAF’s plan review engineers have a design background and work well with project designers.
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 4
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
STAFFING & KEY PERSONNEL
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 11 Section 4: Staffing and Key Personnel February 3, 2022
SECTION 4: STAFFING AND KEY PERSONNEL
As your consultant, we understand that our role is to be an advocate on behalf of the Town of Los Altos Hills (Town) and represent the Town’s best interests. 4LEAF’s team will function as an extension of Town staff, seamlessly integrating with the personnel and practices established by the Town while adding the perspective and expertise that only 4LEAF can offer. Our goal, which we have successfully accomplished on previous clients’ projects, is to have our staff integrate with yours and be accepted as an essential part of the Town.
Management Team
Craig Tole – Director of Development Services
Craig Tole has been the Director of the 4LEAF Development Services team for the past 16 years. He is responsible for municipal client management including staff recruitment, hiring, and placing for all building department personnel for positions such as Permit/Counter staff, Building Officials, Plans Examiners, Residential and Commercial Inspectors, and Inspection services for complex commercial developer funded projects. Craig will be the contact for all contractual details, projects, and staffing requests.
Office - (925) 462-5959 | Cell - (925) 580-4055 | Email - [email protected] Michael Renner, CBO – Director of Recovery Services
Michael is a highly experienced ICC Certified Building Official, with extensive administration and management experience. He has successfully guided development department staff in Inspection and Plan Review through all phases of complex and capital-intensive projects. He is experienced utilizing development department permitting software and directing all department responsibilities, including plan review, multi-discipline inspections, office and field supervision, regulatory compliance, code interpretation, and project acceptance.
Office - (925) 462-5959 | Cell - (925) 785-3581 | Email - [email protected] Mike Leontiades, CBO – Director of Plan Review and Inspection As former Building Official of the Town of Danville, Mike understands the Town environment. Mike is the Director of 4LEAF’s Plan Review and Inspection Services and is responsible for a team that has collectively performed more than $16 billion of Building and Safety work. Mike’s responsibilities include the day-to-day contact with many of 4LEAF’s valuable clients. Mike will handle all building department requests and assist the plan review team on all plan check requests made by the Town.
Office - (925) 462-5959 | Cell - (925) 681-8842 | Email - [email protected] Raylee Glasser, CBO –Director of Jurisdictional Services Raylee is an ICC Certified Building Official, Residential Building/Fire/Plumbing Inspector, Plans Examiner, and Permit Technician with ICC. With more than 18 years of Municipal Building Department experience, Raylee has been promoted throughout the ranks of the Building Department and is responsible for training, mentoring, and placing Permit Technicians and Engineering Technicians to Building, Fire and Public Works Departments.
Office – (925)462-5959 | Cell – (925) 708-4206 | Email – [email protected]
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 12 Section 4: Staffing and Key Personnel February 3, 2022
Mike Leontiades, CBO
Director of Plan Review
and Inspection
Marcu
s
Johnso
Additional Staff Available
Team Organization
Raylee Glasser, CBO
Director of Jurisdictional
Services
Craig Tole
Director of Development
Services/Project Manager
Additional Staff Available
Michael Renner, CBO
Director of Recovery Services
Plan Review Engineers/AIA
Farheen Sultana, S.E.
Zach Woods, P.E.
Melissa Mennucci, S.E.
Beng Low, S.E.
Yousef Marmosh, P.E.
Aleck Cheney, P.E.
David Chung, P.E.
Melissa Dubovi, P.E.
Kathy Buciarelli, P.E.
Albert Kong, S.E.
Gary Shimatsu, AIA
Mike Anderson, P.E.
Scott Martin, P.E.
Stefanie Hionis, P.E.
Sareh Deyhimi, P.E.
Ali Hekmat, S.E., C.E.
Paul Cruel, S.E.
Scott Martin, P.E.
Davison Chanda, P.E.
Anastasios Hoinis, M.E, E.E
Plans Examiners
Ed O’ Reilly, CBO
Greg Adams, CBO
Jane Alexander, CBO
Khuong Le
Sandeep Ojha
James Johnson
Eriselda Nanchy
Gene Ferrero
Zachary Woods
Building Inspectors
Lorena Soules, CASp
Brent Hipsher, CBO
John Nichols
Rory Shortreed
Lucas Chapman, CBO
Cole Landig
John Nichols
Martin Scott, OSHPD A
Dean Lovejoy
Chuck Venook
Permit Technicians
Paulina Santellano
Starlit Sanchez
Chelsea Serafino
Tracy Evenson
Nancy Cox
Caitlin Glasser
Shawna Teague
Fire Review/Inspection
Vincent Fung, FPE
Gib Moush, FPE
Stuart Blakesley
Ron Griesinger
Geoff Aus
Loralyn Davis
Randy Amores
Thomas Cervantes
Geoff Aus
Jason Shearer
Loralyn Davis
Ronald Greisinger
Planners
Daniel Hortert, AICP
Shaveta Sharma
Amalia Merino
Aakash Shah
Jacquelin Criger
CASp
Sareh Deyhimi, CASp
Brent Hipsher, CBO, CASp
David Rashe, CBO, CASp
Mike Anderson, P.E. CASp
Scott Wungluck, CASp
Peter Oliver, CASp
Scott Johnson, S.E., CASp
Jerry Thome, CASp
Lorena Soules, CASp
James Wiatrak, CASp
Doug Martin, CASp
Sivaji Muggari, CASp
Steve Raney, CASp
Kevin Brenton, CASp
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 13 Section 4: Staffing and Key Personnel February 3, 2022
PROJECT TEAM QUALIFICATIONS
Permit Technicians:
4LEAF has a proven track record of providing Permit Technician/Counter staff to jurisdictions throughout California. The 4LEAF pool of more than 25 talented professionals includes qualified and experienced permit technicians, capable of providing all permit processing and counter services.
Permit Technician Staff Title
Raylee Glasser, CBO ICC Certified Building Official, Permit Technician, Plans Examiner Minerva Arredondo Senior Permit Technician
Aleris Dunn Senior Permit Technician
Lisa Felicano Senior Permit Technician
Vanessa Mota Senior Permit Technician
Cindy Lucas Senior Permit Technician
Alyssa Mendoza Senior Permit Technician
Tobin Short Senior Permit Technician
Jesse Ballou Permit Technician
Amy Green Permit Technician
Shawna Teague Permit Technician
Michael Varela Permit Technician
Samantha Kurland Permit Technician
Austin Mota Permit Technician
Karen Moffatt Permit Technician
Kendal Ripperda Permit Technician
Shantelle Fuentes Permit Technician
Carey Calvanese Permit Technician
Paulina Santellano Permit Technician
Danny Guan Permit Technician
Angelina Marquez Permit Technician
Jose Ramirez Permit Technician
Kendall Ripperda Permit Technician
Patti Samons Permit Technician
Chelsea Serafino Permit Technician
Caitlin Shannon Permit Technician
Correy Solis Permit Technician
Isaac Toscano Permit Technician
Andres Torres Castaneda Permit Technician
Donna Bassett Permit Technician
Damiya Haley Permit Technician
Ana Perez Permit Technician
More than 30 additional Permit Technicians
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 14 Section 4: Staffing and Key Personnel February 3, 2022
Inspection Services:
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Construction Inspectors working on various contracts. 4LEAF has several staff committed to work in the Bay Area who will remain for the duration of projects to ensure we capture the goals and performance that have made our inspection system successful. 4LEAF plans to:
• Provide the Town of Los Altos Hills and its Client Agencies with the "depth of resources” of highly qualified, experienced professionals necessary for Town projects, personnel who are registered, certified, or have a license and can effectively collaborate with the Town’s Project Managers, design team, and contractors.
• Utilize innovative technology that will enhance ensure open lines of communication with the Town that will interface with the Town's technology systems and software platforms.
Key 4LEAF Inspection Personnel:
Below is a quick look into 4LEAF’s on-call inspection database, which is made of qualified and quality team members who are ready and able to take on the Town of Los Altos Hills’ projects.
Inspectors Certifications
Christopher Fowler, CBO, OSHPD A Certified Building Official, OSHPD A, & 25 ICC Certifications Jeff Rocca 33 ICC Certifications
Jane Alexander, CBO Certified Building Official & 21 ICC Certifications Rory Shortreed, OSHPD A OSHPD A & ICC Commercial Building Inspector Martin Scott, OSHPD A, DSA 1 OSHPD A, DSA 1 Certification, ICC Commercial Building Inspector Mike Leontiades, CBO Certified Building Official & 9 ICC Certifications George Davis Master Code Professional & 36 ICC Certifications Lonell Butler, CBO Certified Building Official, CASp, & 11 ICC Certifications Michael Renner, CBO 11 ICC Certifications
Lucas Chapman, CBO Certified Building Official & 11 ICC Certifications Mike Emery 14 ICC Certifications
Dave Brakebill 13 ICC Certifications
Ed O’Reilly, CBO Certified Building Official & 10 ICC Certifications Jerry Thome, CBO, CASp Certified Building Official, CASp, & 9 ICC Certifications Emilio Torres 8 ICC Certifications
Jerry Brown 8 ICC Certifications
Wladyslaw Grobelny 8 ICC Certifications
David Rashé, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Brent Hipsher, CBO, CASp Certified Building Official, CASp, & 6 ICC Certifications Zachary Karver 10 ICC Certifications
Marcus Johnson 7 ICC Certifications
Chris Rose 6 ICC Certifications
John Kuehl, CBO 6 ICC Certifications
Chris Pallares 5 ICC Certifications
Andrei Oustinov 5 ICC Certifications
Tim Orbea 5 ICC Certifications
Greg Adams, CBO Certified Building Official & 4 ICC Certifications Chuck Venook 3 ICC Certifications
More than 100 additional ICC Certified Inspectors
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 15 Section 4: Staffing and Key Personnel February 3, 2022
Plan Review Personnel
4LEAF has 60+ plan check personnel that includes Registered Professional Engineers, Licensed Architects, Certified Access Specialists, and ICC Certified personnel dedicated to performing plan review services to our municipal clientele. Should duplicate names appear in our competitor’s submittals, we are prepared to show payroll records to ensure you that all names listed in this proposal are employees of 4LEAF.
Plans Examiners Registrations & Certifications
Melissa Mennucci, S.E. Registered Structural Engineer
Albert Kong, S.E. Registered Structural Engineer
Petya McInnis, P.E. Registered Structural Engineer
Beng Low, M.E., S.E. Registered Structural and Mechanical Engineer Mike Anderson, P.E., CASp Registered Professional Engineer & CASp David Chung, P.E. Registered Professional Engineer
Kathy Bucciarelli, P.E. Registered Professional Engineer & 2 ICC Certifications Davison Chanda, PE Registered Professional Engineer
Ana Akin, P.E. Registered Professional Engineer & 2 ICC Certifications Joseph Nicolas, P.E. Registered Professional Engineer
Melissa Dubovik, P.E. Registered Professional Engineer
Stefanie Hionis, P.E. Registered Professional Engineer
Anastasios Hionis, P.E., M.E., E.E. Registered Professional Engineer Sareh Deyhimi, P.E. Registered Professional Engineer & 1 ICC Certification Scott Martin, P.E. Registered Professional Engineer
Liberty Jensen, P.E. Registered Professional Engineer
Yousef Marmosh, P.E., M.E. Registered Professional Engineer Keith Long, AIA Registered Architect
Sandeep Ojha Degreed Engineer
Youssef Abdou Degreed Engineer
David Rashé, CBO, CASp Certified Building Official, CASp, & 11 ICC Certifications Peter Oliver, CASp CASp & ICC Certified Plans Examiner
Joseph Espinoza, CBO, MCP ICC Certified Plans Examiner & 8 ICC Certifications Madhavi Latha Degreed Engineer & ICC Certified Plans Examiner Sivaji Muggari ICC Certified Plans Examiner
Gene Ferrero ICC Certified Plans Examiner
Lisa O’Malley ICC Certified Plans Examiner
Ingeborg Vriend ICC Certified Plans Examiner
James Johnson ICC Certified Plans Examiner
Eriselda Nachy ICC Certified Plans Examiner
More than 20 additional Plans Examiners
Qualifications to Provide As-Needed Building Department Services to the Town of Los Altos Hills Page 16 Section 4: Staffing and Key Personnel February 3, 2022
Certified Access Specialist (CASp)
4LEAF has 16 Certified Access Specialists on staff. We have performed CASp inspections, plan review projects, and have consulted on numerous construction projects for accessibility questions and advice.
CASp Inspector Certification No. Expiration
Scott Wungluck CASp-560 4/29/2023
Jerry Thome CASp-104 9/14/2024
Mike Anderson, P.E. CASp-328 9/22/2024
David Rashe, CBO CASp-213 6/23/2022
Sareh Deyhimi, P.E. CASp-876 3/13/2022
Brent Hipsher CASp-422 4/12/2024
William Holl, AIA CASp-509 12/6/2023
Scott Johnson, S.E. CASp-530 1/2/2023
Kevin Brenton CASp-964 8/4/2024
Doug Martin CASp-937 4/2/2023
Evon Ballash CASp-803 12/4/2023
Sivaji Muggari CASp-969 7/30/2024
Lorena Soules CASp-833 7/10/2024
Steven Raney CASp-519 12/10/2022
James Wiatrak CASp-789 8/9/2023
Don Folsom CASp-203 4/15/2022
Code Enforcement Personnel
Below is a quick look into 4LEAF’s Code Enforcement database, which is made of qualified and quality team members who are ready and able to take on the Town’s projects. As you can see from this limited sample, we have a team with years of experience and many varying certifications.
Code Enforcement Staff Title Certifications
Sean Flanagan Senior Code Enforcement Officer Adv. Code Enforcement Officer Pamela Miller Code Enforcement Officer/Inspector PC832
Tina Chechourka Code Enforcement Officer/Inspector PC832 Tom Cervantes Code Enforcement/Fire Inspector PC832 Levels I, II, and III Tim Nakashima Code Enforcement Officer PC832
Jose Murillo Code Enforcement Officer/Inspector PC832
Al Fasulo Code Enforcement Officer PC832
Nick Henderson, CBO Code Enforcement Officer/Inspector PC832 Doug Martin, CASp Code Enforcement Officer/Inspector POST PC832 Renee Souza Code Enforcement Officer Advanced CEO, PC832
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 5
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
PROJECT EXPERIENCE
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 17 Section 5: Project Experience February 3, 2022
SECTION 5: PROJECT EXPERIENCE
City of Palo Alto, CA
Building Inspection, Permit Technician, Plan Review Services Miscellaneous jurisdictional inspection assignments
Since 2007, 4LEAF has provided several combination inspectors to assist the City staff with routine daily inspections for commercial and residential properties located throughout Palo Alto. Our inspection services vary from full-time to temporary part-time staff to help augment vacation or extended absences to due illness and/or market demand.
Since 2010, 4LEAF has provided on-site plans examiners for the City of Palo Alto. Our Plans Examiners are registered Engineers in the State of California and ICC Certified, who are responsible for reviewing larger projects ranging between $100,000 to $100,000,000 under the direction of the Chief Building Official. In addition, they will also assist the Permit Counter with over-the-counter plan reviews and general questions from the public. Some reviewed and inspected projects include Skype, Stanford Medical Center, Technology Credit Union, and VMware. 4LEAF is currently reviewing and inspecting the following projects:
Stanford Biomedical Innovation Building, $126 Million
New research laboratory building for Stanford University School of Medicine. Fourstory above garage and one below grade for a total of 216,647 SF. Wet-bench research laboratories and associate support spaces, faculty offices and open office spaces workstations, conference rooms and staff amenity spaces.
City of Palo Alto Public Safety Building, $84 Million
New three-story, 136,873 SF City of Palo Alto Public Safety Building will have 2 levels of underground parking and will house the Police Department, 911 Emergency Dispatch Center, the Emergency Operations Center, the Office of Emergency Services, and the administration needs of the Fire Department.
744 San Antonio Rd., $42 Million
Courtyard by Marriott and an AC Hotel by Marriott. Two, five-story hotels (164,764 SF) hotels offering a combined 294 rooms with surface and underground parking.
ISO 1 Rating
With approximately 13 full-time personnel working at the City of Palo Alto, 4LEAF was instrumental in the implementation of the ISO Program achieving the ISO 1 Rating. In March of 2015, Palo Alto became the 8th City in the Country out of 14,000 Building Departments to achieve this status.
Client Name: City of Palo Alto
Project Dates: 2007 - Present
Client Contact: George Hoyt, CBO, Chief Building Official Client Telephone: Office: (650) 329-2368
Client Address: 285 Hamilton Ave. Palo Alto, CA 94301
Contact Email: George.Hoyt @CityofPaloAlto.org
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 18 Section 5: Project Experience February 3, 2022
City of Cupertino, CA
On-Call Plan Review, Fire Plan Check, and Inspection Services 4LEAF performs on-call building inspection, plan review, and fire plan review services for the City of Cupertino. 4LEAF has completed numerous residential and commercial plan reviews on behalf of the City.
Apple Campus 2
4LEAF provided the Building, Fire, and Public Works Department Inspection services on the largest private commercial construction project in the Country. 4LEAF was tasked with mobilizing a project team of more than 20 Building, Fire, Public Works Inspectors, Project Administration Staff, and Engineering team for this more than $6 Billion project. 4LEAF was responsible for coordinating the inspections in relation to the City’s permits and ultimately packaging milestones of the project for occupancy approval from the City’s Chief Building Official. The project included:
• Main Building – The Main Building accommodates up to 12,000 employees and comprises approximately 2.8 million square feet.
• Corporate Fitness Center – Comprising approximately 100,000 sf. • Corporate Auditorium – Comprising approximately 120,000 square feet and will hold up to 1,000 people.
• North and South Parking Structures – Two above-grade parking structures of approximately 6,000 spaces.
• Central Utility Plant – Integrated parking structure and serves all buildings on the Main Building site.
• Phase 2 Research and Development Buildings – 600,000 square feet of office, research, and development and two separate above ground parking garages. 4LEAF was recently selected to perform inspections for the $2.1 Billion Vallco project. The Vallco project will provide approximately 430,939 square feet of new retail along with 2,402 residential units and 1,981,447 square feet of office with eleven (11) 22-story mixed-use high-rise buildings connected by a 30-acre green roof spanning the majority of the Vallco property.
4LEAF performed the plan review on the Main Street Cupertino Project. The 17.4 acre Downtown Cupertino project includes 130,000 square feet of retail space, 100,000 square feet of office space, and 160 units of high-end Senior Housing, and a 250 room hotel.
Agency Name: City of Cupertino
Project Dates: 2010 – Present
Client Contact: Albert Salvador, P.E., C.B.O., Chief Building Official Client Telephone: Office: (408) 777-3328
Client Address: 10300 Torre Ave, Cupertino, CA 95014
Contact Email: [email protected]
Valuation: $8.5 Billion
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 19 Section 5: Project Experience February 3, 2022
Project Development Unit (PDU) - County of San Mateo, CA Plan Check, Fire Plan Check, Fire Inspection, and Inspector of Record Services 4LEAF is currently performing Plan Check and Inspector of Record services for multiple projects on behalf of the County of San Mateo’s Project Development Unit. This $1 Billion program consists of up to 18 projects over the course of more than five years. 4LEAF is responsible for the combination inspections and inspection reports related to all projects including:
Regional Operations Center
The new 37,000-square-foot, two-story Regional Operations Center (ROC) will be located on the County Center campus where the motor pool was once located. On a daily basis, the Center will house 9-1-1 Public Safety Dispatchers, an Emergency Operations Center, and the Office of Emergency Services. More importantly, the ROC will serve as a hub for public safety responders during major catastrophic events. The building will achieve LEED Silver certification from the U.S. Green Building Council and is the largest project funded to date by Measure K.
Skylonda Fire Station #58
This project consists of a barracks/office building consolidating the functions and operations of two existing structures into a single structure. The barracks/office building will contain administrative offices and related support spaces, conference and training rooms, a kitchen and dining room, dayroom, dorm rooms, fitness rooms, showers and restrooms. A new primary vehicular access connection shall be provided to Skyline Boulevard to facilitate improved traffic sightlines and vehicle turning radiuses.
Additional Projects not yet under construction:
• County Office Building #3 • Parking Structure #2 • Portola House • Cordilleras • San Mateo Medical Center • Pescadero Fire Station • South San Francisco Health Center • La Honda Fire Station • Pine Street Project • Sanchez Adobe Visitors Center • Maple Street Homeless Shelter Client Name: County of San Mateo, PDU
Project Location: County of San Mateo, CA
Client Contact: Adam Ely, Director
Client Telephone: (650) 599-9063
Client Email: [email protected]
Completion Date: Varies by Project
Total Program Cost: ~$1 Billion
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 20 Section 5: Project Experience February 3, 2022
County of San Mateo, CA
Second Unit Amnesty Program – Plan Review & Inspection Services 4LEAF was selected to provide program management, inspection, and plan review services for the County of San Mateo residents who have completed work without going through a formal permitting process. In July 2018, 4LEAF was awarded the contract for San Mateo County’s Second-Unit Amnesty Program. In a collaborative effort to balance safety with California’s desperate need for more housing, San Mateo County implemented the Amnesty Program, along with a financial loan program, to promote the legalization of unpermitted second units and bring them up to the current codes and standards and avoid life-safety construction hazards to the community. Steps of the program include but are not limited to:
1. 4LEAF inspector performs the initial inspection and determines the required scope of work along with an estimate and submits the findings to the applicant and County.
2. Applicant determines if they wish to proceed with the Amnesty Program based on the findings of the inspection report and the estimated cost to bring the property into conformance.
3. Applicant provides a minimum of two contractor estimates to 4LEAF from licensed contractors. 4LEAF checks contractor eligibility and determines if the estimates provided are reasonable.
4. County sends 4LEAF the completed application, submitted plans, agreement of timeline and the scope of work.
5. 4LEAF uploads the submitted plans and documents into 4LEAF’s EZPlan Review and performs the plan review with a maximum 5-day turnaround timeframe.
6. 4LEAF performs the requisite inspections after permit is issued from the County.
The 4LEAF inspector coordinates each inspection with the contractor and the applicant through 4LEAF’s Program Manager.
7. 4LEAF inspector monitors the progress throughout the project and provides the Program Manager with updates, correction notices, and approvals. This information is uploaded and tracked in 4LEAF’s EZPlan Review portal.
8. Upon completion of the work 4LEAF will send a letter of recommendation to the County recommending an Amnesty Compliance Certificate be issued to the Applicant. 4LEAF and the County are working together to maintain a database of cases and track permitting progress on properties that need inspections to verify their property meets the current residential health and safety code and the current adopted California Building Codes.
Client Name: County of San Mateo
Project Location: San Mateo, CA
Client Contact: William Gibson
Client Address: 455 County Center, 2nd Floor
Client Phone: (650) 363-1816
Contact Email: [email protected]
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 21 Section 5: Project Experience February 3, 2022
City of Hollister, CA
Plan Review, Permit Technician, and Inspection Services 4LEAF has been providing full-service Building Department Services to the City of Hollister since 2012. Currently 4LEAF has four full-time employees at the City who provides building official, building plan check, building permit issuance, and combination building inspection services as would be expected as a standard function of a Building Department. 4LEAF also provides off-site plan check and fire plan check services.
Services provided to the City includes:
• Combination inspections to verify with City of Hollister’s latest adopted and amended Title 24 California Building Codes, parts, 2,3, 4, 6, 8, and 12 covering structural, fire, life-safety, disables access, energy conversion, plumbing mechanical and electrical installations.
• Off-site plan review. 4LEAF’s off-site plan review team completes residential and commercial plan reviews on any projects not performed by on-site personnel. Plans include an initial review and subsequent rechecks. All pick-up or shipping expenses are covered by 4LEAF. All initial plan reviews for residential, commercial, and large commercial are completed within (10) working days of submittal.
Subsequent reviews are completed within (5) working days of the resubmittal. • Preparation of all building permits and related paperwork to be submitted to the City for collection of permit fees.
• Collection of all fees for building inspection and review services at Building Department office and submits to the City’s Finance Department all received payments by the close of each business day. • All inspections completed within one (1) working day of request by a permit holder for any work which requires a building permit.
• Certification in writing that each inspection performed and authorized as complete, conforms to all applicable local, state, and federal building codes, ordinances, regulations and requirements, and that the work is in conformity with applicable approved plans and specifications. • Fire plan checks of alarm permits, fire sprinkler systems, hood system, and underground storage tanks for compliance with all applicable, local, state, and federal codes. Provides all approved plans to the City fire department to make inspections. Collects fees for fire plan checks, fire permits and fire inspections.
Agency Name: City of Hollister
Contact Name: Brett Miller, City Manager
Contact Telephone: (831) 636-4300
Contact Email: [email protected]
Employees: Currently approximately eight (8) 4LEAF employees Services: Plan Review, Permit Technicians, and Building Inspection Date of Service: 2012 – Present
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 22 Section 5: Project Experience February 3, 2022
Disaster Recovery Project Experience
Fire References Town of Paradise, CA
Plan Review, Inspection, Planning, Public Works, and Fire Recovery Services On November 8, 2018, the most destructive wildfire (Camp Fire) in California history began in Butte County, CA and quickly spread to the Town of Paradise. The Town of Paradise is Butte County’s second largest incorporated jurisdiction with more than 26,000 people and the loss of housing displaced over 10% of the County’s population. After burning for over three weeks, the fire ultimately destroyed, within the Town limits alone:
• 12,000 Residential Units
• 400 Commercial structures
• 3,000 Accessory structures
4LEAF is currently providing complete Community Development Services to the Town of Paradise. This four-year contract was put into place and 4LEAF is to provide Permitting, Plan Review, Building Inspections, Public Works Inspections, Planning, Code Enforcement, Debris Removal Management, and Public Outreach for this $9.5 Billion rebuild set to take place over the next 10 years. 4LEAF is assisting the Town with a post disaster recoverycentered office that offers permit intake and processing, record support, plan review, and inspections services for the peak rebuild during the next several years. This office will offer the full range of planning and building assistance to residents, contractors, and developers. In addition, 4LEAF provides outreach specialists to help provide education and outreach to the community on processes and progress of rebuilding. 4LEAF and its staff utilize the Accela software for permitting, building, and inspections and our staff currently includes more than 20 personnel.
Currently, our staff includes:
1 Chief Building Official
2 Directors
6 Building Inspectors
8 Permit Technicians
2 Code Enforcement Officers
2 Planners
2 Plans Examiners
1 Fire Inspector
1 Public Works Inspector
1 Environmental Health Specialist
Agency Name: Town of Paradise
Project Dates: 2019 - Present
Client Contact: Steve Crowder, Mayor
Client Telephone: (530) 872-6291 ext. 114
Client Address: 5555 Skyway Road, Paradise CA 95969
Contact Email: [email protected]
Completion Date: 2028
Valuation: $9.5 Billion
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 23 Section 5: Project Experience February 3, 2022
County of Santa Cruz, CA
Plan Review and Inspection Services
4LEAF is currently performing the full Fire Recovery Program for the County of Santa Cruz.
Following the CZU Lightning Complex Fire that took place the week of August 24, 2020, the County immediately took action to find a firm to expedite the rebuild of a community that lost more than 1,000 Residential Units and 500 Additional Structures.
Upon selection, 4LEAF was immediately called into service to create and implement the infrastructure needed to fast-track the Permitting Process for the thousands of displaced residents. In addition to various outreach events, creation of hand-outs, and the coordination of several County divisions, 4LEAF’s implementation team is in the midst of creating a one-stop Permitting Center specifically dedicated to the Fire Recovery victims. The Recovery Permit Center (RPC) offers a full range of planning and building assistance to residents, contractors, and developers and utilizes the County’s electronic plan process through their ePlan portal. In addition, 4LEAF interfaces with other County divisions for work on the septic, grading, drainage, and other infrastructure plan and reporting. 4LEAF’s scope includes:
• Review of applicable County development standards;
• Plan review services for compliance with environmental, building, planning, septic, well, storm drainage, and engineering regulations, as established and adopted by the County; • Establish and implement communication and outreach services, participate in public forums as needed, network and inform the public on processes and procedures to respond to needs and concerns; • Assist County staff with recovery policies;
• Provide data on the number of reviews, inspections and processing times for the steps in the process; • Customer Service to assist the public from pre-application through final inspection and occupancy; and • Provide services in a Covid-Safe manner utilizing video conferencing as requested for appointments.
Fire Districts
In addition to the work with the County of Santa Cruz, 4LEAF is also working with Ben Lomand Fire District, Santa Cruz County Fire District and Boulder Creek Fire District. 4LEAF is performing fire access, fire suppression, and Fire Prevention Plan Review and Inspection Services. Due the unique topography, 4LEAF is also providing recommendations for alternate means and methods (AMMR) in order to achieve alternate code compliance to expedite the permitting process.
Client Name: County of Santa Cruz
Project Location: Santa Cruz, CA
Client Contact: Thomas J. Fakner, CCM
Client Telephone: (831) 454-4606
Client Email: [email protected]
Completion Date: 2024
Valuation: $340 Million
FEBRUARY 3, 2022
QUALIFICATIONS TO PROVIDE
SECTION 6
ON-CALL BUILDING DEPARTMENT
SERVICES
to the
TOWN OF LOS ALTOS HILLS
FEE SCHEDULE
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 24 Section 6: Fee Schedule February 3, 2022
SECTION 6: FEE SCHEDULE
2022-2023 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF LOS ALTOS HILLS
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Hourly Plan Review: $170 Non-Structural Review
$195 Structural Review
Fee includes:
Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
Shipping, courier, and electronic service.
Building & Fire
Permit Manager..................................................................................................................................$110/hour Senior Permit Technician.................................................................................................................... $83/hour Permit Technician............................................................................................................................... $75/hour Clerk/Administrator............................................................................................................................ $65/hour Chief Building Official .........................................................................................................................$155/hour Senior Combination Building Inspector (Building Inspector III) ......................................................... $125/hour Commercial Building Inspector (Building Inspector II) ...................................................................... $118/hour Residential Building Inspector (Building Inspector I) .......................................................................... $98/hour Civil Plan Review (Grading, Improvement Plans) ............................................................................... $195/hour Structural Plan Review Engineer ........................................................................................................ $195/hour Non-Structural Plans Examiner .......................................................................................................... $170/hour Fire Prevention Officer ......................................................................................................................$150/hour Fire Protection Engineer (FPE) ............................................................................................................ $180/hour Fire Plans Examiner ............................................................................................................................ $150/hour Fire Inspector II...................................................................................................................................$125/hour Fire Inspector I .................................................................................................................................... $115/hour Inspector of Record ............................................................................................................................$160/hour Public Works Inspector....................................................................................................................... $147/hour DSA Class 1 / OSHPD A Inspector .......................................................................................................$175/hour DSA Class 2 / OSHPD B Inspector .......................................................................................................$135/hour DSA Class 3 / OSHPD C Inspector........................................................................................................$105/hour Certified Access Specialist (CASp) .......................................................................................................$160/hour GoFormz Software.................................................................................................................. $50/user monthly Hourly overtime charge per inspector .....................................................................................1.5 x hourly rate Mileage (for inspections performed within the City) .................................................................. IRS Rate + 20%
Proposal to Provide Professional Services to the City of Los Altos Hills Page 25 Cost Proposal January 13, 2022
Code Enforcement
Project Manager............................................................................................................................... $180/hour Director of Code Enforcement ......................................................................................................... $160/hour Senior Code Enforcement Officer.....................................................................................................$120/hour Code Enforcement Officer................................................................................................................ $95/hour Administrative Support .................................................................................................................... $70/hour Planning
Principal-in-Charge ........................................................................................................................... $275/hour Housing Policy Director .................................................................................................................... $205/hour Planning Director .............................................................................................................................. $190/hour Principal/Planning Manager............................................................................................................. $170/hour Senior Planner .................................................................................................................................. $150/hour Associate Planner ............................................................................................................................. $130/hour Assistant Planner ............................................................................................................................. $110/hour Senior Planning Technician............................................................................................................... $100/hour Planning Technician.......................................................................................................................... $90/hour Project Management
Project Manager................................................................................................................................. $195/hour Principal-in-charge.............................................................................................................................. $205/hour BASIS OF CHARGES – BUILDING & FIRE
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the Town. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with discounted pricing when applicable.
• 4LEAF assumes that these rates reflect the 2022-2023 contract period. 3% escalation for FY2023-2024 and FY2024-2025 is negotiable per market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate
Qualifications to Provide On-Call Building Department Services to the Town of Los Altos Hills Page 26 Section 6: Fee Schedule February 3 2022
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided.
BASIS OF CHARGES – PUBLIC WORKS • Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR.
• Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice. • Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following:
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate • All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Subconsultant Invoices will be assessed a 10% Administrative Processing Fee. • Project-related mileage for inspections will be billed at the allowable IRS Rate. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided.
STATEMENT OF QUALIFICATIONS
PREPARED FOR:
Town of Los Altos Hills, California
Building
Department
Services
West Coast Code Consultants, Inc.
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
West Coast Code Consultants, Inc.
Teaming with Your Community to Make a Difference
PROJECT CONTACT:
Donald Zhao, PE, MCP, CBO
Vice President, Regional Manager
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754-6353
C: (925) 997-4322
E: [email protected]
Attn: Sofia Mangalam
Planning and Building Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
P: (650) 947-2507
E: [email protected]
Attachment 3
Teaming with Your Community to Make a Difference | www.WC-3.com 2 Table of Contents
WEST COAST CODE CONSULTANTS, INC.
PHONE: (650) 754-6353 | EMAIL: [email protected]
417 Grand Avenue, Suite 201, South San Francisco, CA 94080 | www.WC-3.com Cover Letter 3
Introduction 4
Qualifications & Expertise 5
Relevant Project Experience 6
Client References 9
Scope of Services 10
Qualified Personnel 16
Rate & Service Structure 20
Appendix - Resumes 22
Teaming with Your Community to Make a Difference | www.WC-3.com 3 Cover Letter
“For over 15 years, WC3
has cultivated a strong
reputation for providing
reliable support and
excellent service”
Giyan Senaratne
PE, SE, LEED AP
Principal / CEO
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700
C: (925) 766-5600
West Coast Code Consultants, Inc. (WC3) is pleased to present this Statement of Qualifications for Building Department Services, including Plan Review, Inspections and Permit Technician Services for the Town of Los Altos Hills, CA.
For over 15 years, WC3 has cultivated a strong reputation for providing reliable support and excellent service to Planning and Building Departments across the West Coast.
Our team is comprised of licensed professional engineers, ICC-certified building officials, plans examiners, inspectors, permit technicians and other professionals. Our long-standing experience of working on various architectural, structural, mechanical, electrical, plumbing, solar, fire, civil and energy projects has provided WC3 with unparalleled knowledge
of the provisions outlined in local codes and ordinances, State Codes, Federal Codes and Standards. Our combined
experience, knowledge and customer service is key to our performance and we are confident WC3 is fully capable of meeting the needs of your Town.
We thank you for your consideration of WC3 and look forward to the opportunity of expanding upon our existing contract with your town in this capacity. We are confident in our ability to serve your community and eager to deliver professional, thorough service with our diverse, experienced team.
If you have any questions or require further information, please feel free to contact myself, or our project contact, Donald Zhao, at anytime.
Sincerely,
Teaming with Your Community to Make a Difference | www.WC-3.com 4 Introduction
Highlights
Firm Overview
West Coast Code Consultants, Inc. (WC3) is a
code compliance consulting firm, specializing
in comprehensive plan review, inspection and
staff augmentation services for municipalities,
jurisdictions and government entities. Founded by
Giyan Senaratne in 2006, WC3 has experienced steady
growth over the past 15 years and evolved from a
small central team in California to an industry leader
throughout the western United States. WC3 serves
clients with 11 office locations in six states and over 135 employees. Our South San Francisco location will
primarily service the Town of Los Altos Hills contract.
Principal / CEO
Giyan Senaratne, PE, SE, LEED AP
P: (925) 275-1700 | C: (925) 766-5600
[email protected]
Client Manager
Donald Zhao, PE, MCP, CBO
Vice President, Regional Manager
P: (650) 754-6353| C: (650) 997-4322
[email protected]
COMMUNICATION
Good
communication
is a top priority
in providing good
service. WC3 staff
members assigned
to Los Altos Hills
projects will be
responsive and easy
to contact by email
and/or phone.
Our qualified team
performs a variety
of timely plan reviews,
including:
Residential Developments
Commercial Occupancies
Tenant Improvements
Institutional Facilities
Essential Service Buildings
Medical Labs & Facilities
Public Works & More
WC3 has been
providing building
department services
and more for over a
decade. Each team
member working
on Los Altos Hills
projects will have
obtained all requisite
certifications and
licensing.
Founded Staff Federal ID/Tax ID
2006 135+ 204707579
Corporate Office
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
P: (925) 275-1700 | F: (925) 275-0600
Regional | Satellite Offices
South San Francisco, CA; Oakland, CA; Irvine, CA;
Lynnwood, WA; Layton, UT; Sandy, UT; Henderson, NV;
Sparks, NV; Meridian, ID; Frederick, MD
Recognition & Accomplishments
• ICC Preferred Education Provider (#1129)
• AIA Education Provider (#-38839994)
• 2019 & 2015 ICC Chapter Education Awards
• 2019 ICC Chapter Permit Tech of the Year
• 2021 Plumbing Essentials Handbook Author
• 2021 & 2018 IBC Handbook Co-Author
• 2018 IEBC Handbook Author
• 2018 IRC Plan Review Course Developer
• 2018 IBC Structural/Non-Structural Plan
Review Course Developer
• 2014 & 2010 ICC Industry Awards for Excellence
ON-TIME PLAN REVIEW QUALIFIED
Certification
Teaming with Your Community to Make a Difference | www.WC-3.com 5 The WC3 team is comprised of licensed and certified...
WC3 has been serving local jurisdictions with complete plan review, building inspections and additional comprehensive building services for more than 15 years. The company was founded on a commitment to supporting municipalities with exceptional service, code expertise and creative problem solving. The same guiding philosophy continues to serve our clients to this day and WC3 continues to thrive with the ability to adapt to each client’s needs.
Whether it’s a 40-story high rise, or a complex mixed-use commercial occupancy, we’ve assisted coastal and inland cities throughout California with all types of projects—both large and small. Our team consists of highly qualified professionals with experience serving numerous jurisdictions in California. WC3 is very familiar with the surrounding locale and has the ability to meet the Town of Los Altos Hill’s individual needs.
When in-house teams are understaffed, require specific expertise on complex projects, or feel overwhelmed with a long list of plan reviews, WC3 is available to support your community through providing your building department with licensed plan check engineers or assisting with plan reviews outsourced to our office. We serve in matters to help fulfill obligations and can join in on phone calls or meetings with city officials, employees or applicants. In many instances, our employees have served jurisdictions in a variety of roles, including plan review, administrative support, permit technicians, and construction management. We strive for complete client satisfaction and our remarkable employees are always ready to assist.
WC3 is recognized as an industry leader with a team who maintains a high level of skill and experience. We host on-going building safety and fire prevention training for field and technical staff, nationally, and remain a leader in meeting ever-changing industry standards. Our employees are continually challenged to enhance their education and pursue relevant certifications. This combination of experience, knowledge and customer service is the key to our success and helps us provide the highest quality of service possible.
BUILDING SAFETY | FIRE PREVENTION | ENERGY & POWER
PUBLIC WORKS & CIVIL ENGINEERING | WC3 ACADEMY | ePROCESS360 Our Team
Structural Engineers
Civil Engineers
Fire Protection Engineers
Certified Fire Marshals
Certified Building Officials
Certified SWPPP Designers
Certified Access Specialists (CASp)
Certified Plans Examiners
Certified Building Inspectors
Certified Public Works Inspectors
Certified Fire Inspectors
Certified Permit Technicians
Qualifications & Expertise
Building /Fire Plan Reviews
Civil/Public Works Plan Review
Code Interpretation
Code Enforcement
Building/Fire/Civil/Energy Inspection
Building Official/Fire Marshal Services
Administrative Services
Staff Augmentation
Code Training/Education
Online Permitting/Municipal
Software Solutions
And More!
Teaming with Your Community to Make a Difference | www.WC-3.com 6 Relevant Project Experience
Our professional team has experience reviewing various construction types and occupancies, including schools, community developments, retail establishments and tenant improvements, as well as more larger-scaled industrial and commercial projects. The following represents a sampling of notable projects displaying WC3’s diverse expertise. Throughout each project our team applied a comprehensive understanding of multiple building codes and worked cohesively with design teams to help resolve code issues. As the percentage of work fluctuates and varies with each individual project, WC3 staffing was assigned per the clients’ needs and based upon the project’s scope of work. All project schedules were adhered to and all project work was completed on time.
VIA DI SALERNO RESIDENCE NEW POOL
Occupancy: R-3 Year: 2020
Location: Pleasanton, CA Valuation: $39K
Proposed structures for this Pleasanton, CA single family residence included the addition of a new pool with dimensions of 16 by 34 feet with a slope up to 4 feet deep, as well as an equipment pad that included a 1.5 feet wide gas line. Structural, architectural, Cal-Green, Title 24 and MEP plan reviews were performed for this project.
Dennis Corbett| (925) 931-5300 | [email protected]
SANTA BARBARA RESIDENCE INTERIOR REVISION
Occupancy: R-3 Year: 2019
Location: Berkeley, CA Valuation: $900K
Project consisted of the review of previously approved plans to reconfigure the interior space of a single family residential home. Revisions included moving the main entrance of the dwelling to the basement level, removing an exterior deck from the basement level recreation room as well as modifying the door and window layout.
Alex Roshal | (925) 931-5300 | [email protected]
BUCKINGHAM BOULEVARD NEW SINGLE FAMILY RESIDENCE
Occupancy: R-3, U-1 Year: 2018 - 2020
Location: Oakland, CA Valuation: $ 854K
This single family new residential project consists of a new home designed to be constructed on a 42% down sloping vacant lot. The new residence will be 2,963 SF with a 428 SF garage on three separate levels.
WC-3 performed the original architectural building and site grading plan reviews, as well as the plan review associated interior floor plan revisions. [email protected], PE | (510) 238-6163 | [email protected]
Teaming with Your Community to Make a Difference | www.WC-3.com 7
CHRISTINE DRIVE NEW SINGLE FAMILY RESIDENCE
Occupancy: R-3 Year: 2019 - 2020
Location: Huntington Beach, CA Valuation: $1.1M
A prime example of modern architecture in both efficiency and design, this 2-story residence sits in a prime location near Huntington State Beach. At 4,596 SF, the structure contains 4 bedrooms, 4.5 bathrooms, a roof deck and attached 3-car garage. WC3 performed plan reviews for the original documents as well as all associated revised plans. WC3 also facilitated all document transportation to and from the City.
Eric Haghani, CBO | [email protected] | (714) 374-1792 Relevant Project Experience (Continued)
ACHESON COMMONS
Occupancy: R-2, S-2, M Year: 2015 - 2021
Location: Berkeley, CA Valuation: N/A
WC3 has been pleased to perform the plan review services regarding the renovation and reuse of existing historic commercial buildings located in downtown Berkeley, CA. Projects included various plans submittals, revisions and deferrals for the historic Acheson, Ace, McFarlane and Walnut Buildings, as well as a parking garage and repurposed space for new dwelling units.
Jesse Bright | (510) 981-7523 | [email protected]
AQUATIC V MULTI-FAMILY MIXED USE DEVELOPMENT
Occupancy: R-2, S-2, B Year: 2019 - 2021
Location: Berkeley, CA Valuation: $50.3M
The Aquatic V project is a new 6-story, 75,000SF mixed-use building. It entails 78 residential units with parking, three ground floor retail spaces, an elevated patio deck and two roof deck communal spaces with views of downtown San Francisco. Double cased micropiles are at the foundation to isolate the structure in proximity to an underground BART tunnel.
Jesse Bright | (510) 981-7523 | [email protected]
BERKELEY OUTPATIENT CENTER TENANT IMPROVEMENTS
Occupancy: B (Medical Office) Year: 2020 - Ongoing
Location: Berkeley, CA Valuation: $9.25M
WC3 performed all comprehensive plan reviews for the tenant improvements associated with Levels 2 and 3 of the Berkeley Outpatient Center.
Renovations to the 1950's building included the construction of additional outpatient practices with ancillary support spaces on Level 2, as well as equipment installations in existing shelled space with the addition of new walls and ceilings on Level 3. WC3 also reviewed all associated revisions to this project.
Jesse Bright | (510) 981-7523 | [email protected]
Teaming with Your Community to Make a Difference | www.WC-3.com 8
PIXAR ANIMATION STUDIOS
Occupancy: S, B, A Year: 2015 - 2020
Location: Emeryville, CA Valuation: $88M
WC3 had the pleasure of performing plan review and inspection services for the Pixar Animation Studio and Headquarters. The 2-story steel-frame building, on a 20-acre campus, includes several industry-specific features including a photo science darkroom, production areas and render farms.
The facility houses offices, a 150-seat theater, two 50-seat screening rooms, and a sound control room and booth. In 2020, WC3 performed the plan review associated with a re-roof of the main building.
Christopher Valley | (650) 802-4261 | [email protected]
EMERYSTATION WEST
Occupancy: B, A, H Year: 2014 - Ongoing
Location: Emeryville, CA Valuation: N/A
WC3 was pleased to facilitate all construction document control, plan review, inspection services, in-house staff augmentation, as well as the deferred submittals and plan revisions for exciting new bio-medical facility. EmeryStation West is a new 265,000 square foot, world-class laboratory, medical, office and transit project. WC3 has also been pleased to perform many continuing services in association with the interior improvements for leasing tenants.
Charles Bryant | (510) 596-4361 | [email protected]
MARRIOTT AC HOTEL & RESIDENCE INN
Occupancy: A-2, A-3, B, S-2 Year: 2018 & 2021
Location: Oakland, CA Valuation: $32K
WC3 performed the mechanical and plumbing plan reviews for this Marriott Hotel project in 2018. A recent review of the revised mechanical plans was also performed in 2021. This 18-story hotel with a partial basement and adjacent parking structure will be 207,000 square feet and host 275 guest rooms. The project will compliment the downtown high rise neighborhood and be in close proximity to public transportation.
[email protected], PE | (510) 238-6163 | [email protected] SHERWIN WILLIAMS MIXED USE - BUILDINGS B1, B2, C & D
Occupancy: R, B, M, A Year: 2018 - Ongoing
Location: Emeryville, CA Valuation: N/A
The Sherwin Williams Mixed Use Project entails 10 acres of project site, divided into five parcels, to accommodate 500 rental residential units, office space, retail/restaurant and gallery, meeting space in four new buildings, combining 86,000 square feet. WC3 administered complete building and civil plan review, as well as building and public works inspection services.
Charles Bryant | (510) 596-4361 | [email protected] Relevant Project Experience (Continued)
Teaming with Your Community to Make a Difference | www.WC-3.com 9 WC3 is dedicated to providing our clients with excellent customer service and has been providing building and fire plan check as well as inspection services to municipalities for more than a decade. Our portfolio is comprised of a variety of intricate projects, serving jurisdictions of all sorts and size. The following partial list highlights clients similar to the Town of Los Altos Hills who we have served over the last three years, all of whom may be contacted as a reference. We’ve included full-service clients as well as those requesting on-call, as-needed and on-site personnel.
> City of Oakland
Jing Wong, PE
Civil Engineer, Building Plan Check
1 Frank H. Ogawa Plaza
Oakland, CA 94612
[email protected]
(510) 238-6163
Services: 2013 to Present
Building, Fire and Civil Plan
Review, Fire Inspection,
Front Counter Support
> City of Emeryville
Charles Bryant
Planning & Building Director
1333 Park Ave
Emeryville, CA 94608
[email protected]
(510) 596-4361
Services: 2006 to Present
Building Plan Review, Inspections,
Front Counter Support,
Code Enforcement
> City of Dublin
Gregory Shreeve
Building Official
100 Civic Plaza
Dublin, CA 94568 gregrory.
[email protected]
(916) 835-6628
Services: 2013 to Present
Building Plan Review,
Staff Augmentation
> City of Redwood City
Christina McTaggart
Chief Building Official
1017 Middlefield Road
Redwood City, CA 94063
[email protected]
(650) 780-7350
Services: 2011 to Present
Building/Fire Plan Review,
Fire Marshal, Fire Inspections
> City of San Bruno
Hae Won Ritchie, PE
Deputy Director of Public Works
567 El Camino Real
San Bruno, CA 94066
[email protected]
(650) 616-7067
Services: 2014 to Present
On Call Plan Review, Inspections,
Staff Augmentation
> City of South San Francisco
Phillip Perry
Chief Building Official
315 Maple Ave.
South San Francisco, CA 94080
[email protected]
(650) 928-6675
Services: 2014 to Present
Building/Fire Plan Review, Inspections,
Staff Augmentation
> City of Hayward
Omar Noorzad
Acting Building Official
777 B St
Hayward, CA 94541
[email protected]
(510) 583-4313
Services: 2015 to Present
Building Plan Review, Fire Plan
Review, Staff Augmentation,
Inspections
> City of San Carlos
Christopher Valley, CBO
Chief Building Official
600 Elm St
San Carlos, CA 94070
[email protected]
(650) 802-4262
Services: 2016 to Present
Building/Fire Plan Review,
Development Review, Inspections,
Staff Augmentation
> County of Los Angeles
Justin Soo Hoo, PE
Associate Civil Engineer
900 S. Freemont Ave.
Alhambra, CA 91803
[email protected]
(626) 458-5100
Services: 2020 to Present
Building Plan Review,
Inspections, Permit Tech
Client References
Teaming with Your Community to Make a Difference | www.WC-3.com 10 WC3 provides a thorough assurance and quality control program through assignment of a senior-level manager who follows each plan review project from submission through to approval. Weekly staff meetings are held for collaboration and clarification on any details, issues or questions throughout the process. All reviews and documents are thoroughly reviewed by the project manager prior to being released to the jurisdiction.
BUILDING PLAN REVIEW SERVICES
Our plan review staff will provide review of the architectural, accessibility, hazardous material, structural, electrical, mechanical, plumbing, energy and green building component of any building or structure. WC3 understands the intent of the codes dealing with fire and life safety. Our plan review staff performs these services with the same thorough, accurate review and prompt turnaround times as our building and safety services. Our plan reviews encompass the following compliance requirements:
> California Building Code
> California Electrical Code
> California Mechanical Code
> California Plumbing Code
> California Green Building Standards Code
> California Energy Code
> California Existing Building Code
> All adopted ordinances and amendments relative to building and municipal codes, including project Conditions of Approval from other departments, divisions, regulating agencies, and jurisdictions.
WC3 will work in a seamless and timely manner for the review of plans and supporting documentation, and adjust our general guidelines and processes according to the Town's preferred procedures. Please see the Plan Review Process & Methodology as outlined in the Building Plan Review Process & Methodology Table on the following pages.
Scope of Services
Comprehensive Plan Review Services
WC3 offers clients a model to extend their teams with
continuity and highly trained code expertise.
Teaming with Your Community to Make a Difference | www.WC-3.com 11
BUILDING PLAN REVIEW PROCESS & METHODOLOGY
Incoming Project
• WC3 typically serves jurisdictions with electronic plan submittals, accepting and delivering plans back and forth via email attachments as well as links to electronically formatted documents stored elsewhere. WC3 will adapt to any preferred software systems of the Town of Los Altos Hills.
WC3 Processing
• An account information file, specific to the Town is created to identify items inherent and of interest to the Town. This file will be maintained and utilized during each and every project, ensuring potential concerns are always addressed. • Upon notification of projects and receipt/download of electronic plan submittal, projects are uploaded and logged into WC3’s own internal eProcess360 software platform and Client/ Regional Managers are automatically notified to begin the plan check process.
Plan Check
• WC3 will check submitted docs for completeness; inform the Town of any missing information; review plans to understand the scope and task; identify significant code items and discuss important items with associated staff. • Client/Regional Manager will assign WC3 plan examiner staff and monitor progress. • Client/Regional Manager will quality check all comments before release to the Town.
Communication
• WC3 understands all plan review comments are subject to the review by the Town. • Review comments will have plan sheet numbers, detail numbers, and code sections. • WC3 will work with Los Altos Hill's preferred method of communication and be available via email, phone or in-person for meetings, etc.
• The Town will always have the same points of contact for WC3. • The comment structure in our plan review comment lists will be easily transitioned into the format of the Town's preference.
• Copies of all plans check comments and all other correspondence from the plans examiner to the applicant shall be sent directly to the Town of Los Altos Hills via email.
Recheck
• Documents are resubmitted to begin the recheck process. WC3 requires a written response addressing each and every plan check item or comment.
• Rechecks will be assigned to the same plans examiner who performed original review. • Any new comments to be included during the recheck cycle will be brought to the attention of the Client/Regional Manager.
• All plans examiners are encouraged to call and to resolve concerns, rather than adding additional corrections and comment lists. • Rechecks are performed quickly and timely. Our turnaround schedule is highlighted in the upcoming section regarding "Building Plan Review Turnaround Times." Approval
• Plan review approval will not be recommended to the jurisdiction until all code compliance issues are resolved and all permit issuance requirements of the department are satisfied. • WC3 is flexible and will meet all Los Altos Hill's project approval requirements, including but not limited to, “Plans Examiner of Record” approval stamps, electronic submittals, paper/hard copies, quantity of copies, pick-up/delivery and more.
PLAN REVIEW PROCESS
WC3 Incoming Project Processing Plan Check Communication Recheck Approval Scope of Services (Continued)
Teaming with Your Community to Make a Difference | www.WC-3.com 12
EXPEDITED APPROACH TO BUILDING PLAN REVIEW SERVICES
Expedited or accelerated plan review can be accommodated upon request at anytime from the Town of Los Altos Hills.
The expedited plan review process is a means to accelerate initial plan reviews by experienced fire plans examiners, and when it comes to expedited plan review services, WC3’s typical plan review process is extremely easy to adapt. Clients simply need to submit projects according to standard protocols with a note highlighting that a project is to be expedited.
In this case, the quality of WC3’s expedited plan review services do not change. WC3 will allocate additional staffing as necessary, and as available, in order to meet the Town's expedited deadlines. WC3 shall provide initial comments, including corrections to be made to the construction documents, within an expedited turnaround time of five (5) business days from the date the submittal was received by our team. Subsequent reviews following initial expedited reviews may also be expedited at each client’s discretion; however subsequent reviews are typically completed in a timely manner and will be reviewed in the order in which they are received.
TYPICAL BUILDING PLAN REVIEW TURNAROUND SCHEDULE
WC3 comprehensive plan reviews are performed in a prompt and expeditious manner to meet our jurisdictional clients’ needs. WC3 is able to commit to performing plan review deliverables within timeline expectations that meet or beat industry standards. All turnaround times have been specified from the day they are received in our office and for extraordinarily complex projects, WC3 will immediately contact the Town of Los Altos Hills and agree on an appropriate response time prior to starting the review.
INITIAL
(Business Days)
RECHECK
(Business Days)
EXPEDITED
(Business Days)
RECHECK
(Business Days)
New Construction, Additions & Remodels 10 5 5 5
New Multi-Family 10 5 5 5
Commercial Projects (Small) 10 5 5 5
Commercial Projects (Large/Complex)* 15-20 5-10 5-10 5-10 Typical turnaround times for large/complex projects is 15-20 days for first reviews and 5-10 days for re-checks.
The Town will be contacted and an appropriate response time will be negotiated on a case by case basis.
Scope of Services (Continued)
BUILDING INSPECTION SERVICES
West Coast Code Consultants' inspectors are experienced in a wide variety of construction types and occupancies including residential developments, tenant improvements, commercial, institutional, essential service buildings and industrial projects. WC3 provides our inspectors with all the tools, reference materials, and equipment needed to perform their duties.
We understand that a positive attitude and customer service skills are critical components to successful job site interactions, therefore, we employ inspectors who are experienced and skilled in dealing with people both at the
Teaming with Your Community to Make a Difference | www.WC-3.com 13 front counter and in the field. All inspection personnel assigned to your jurisdiction will be able to read, understand and interpret construction documents, prepare and maintain accurate records and reports, communicate clearly both verbally and in writing and work effectively with contractors, the public, and jurisdictional staff. Our staff will contact the Chief Building Official (or his/her designee) for any code interpretations, local preferences, alternate means/methods exceptions, etc. Our inspectors will work closely with the Chief Building Official regarding any field interpretations required for complex code items. If a concern should arise on a project our inspection staff will work proactively with all parties to resolve the issue.
We tailor our inspection services to meet the specific needs of our clients. We maintain a list of highly qualified personnel we utilize for both full time and interim needs. Inspection services will be sourced out of our local office where we can draw upon our list of qualified candidates for the department’s approval. Assigned staff will perform continuous or periodic construction inspections to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building codes. In general, inspection services provided may include, but are not limited to:
> Performing all inspections through your Building Department and under the direction of the Chief Building Official or his/her designated staff.
> Performing all necessary building inspections in an efficient and courteous manner. > Providing personnel who are professionally qualified and certified, as determined by the jurisdiction, to perform commercial, industrial and/or residential construction inspection. > Projects under construction by permit shall be inspected for compliance with adopted Building Codes as amended by local ordinance.
> Coordinating inspection services with other pertinent departments as needed. > Enforcing conditions of approval associated with discretionary permits. > Overseeing special inspections and conducting investigations as directed by your department including field and office research and preparation of documents.
> Input of all inspection records into the department’s permit tracking system, maintenance of all inspection records, correction notices, and all documentation related to design changes for all assigned projects. > Resolving code interpretation issues in a timely and professional manner. > Observing each project at the completion of the various stages of construction for compliance with the appropriate building codes and approved project plans.
> Coordination with the Building Department on all Certificates of Occupancy to confirm that all applicable departments and regulatory agencies have approved the project. We will also participate in any staff meetings and/or trainings as required by your jurisdiction.
Scope of Services (Continued)
Teaming with Your Community to Make a Difference | www.WC-3.com 14 Scope of Services (Continued)
PERMIT TECHNICIAN SERVICES
As needed, WC3 can furnish exceptionally qualified personnel to staff and support your front counter operations.
Our staff operates as an extension of your team and understands that customer service is paramount in our industry. All of our team members are intimately familiar with the building application and permitting process.
Our technicians are acquainted with a vast array of jurisdictional permit tracking programs and will quickly adapt to your departments specific processes and procedures. We work proactively and collaboratively with applicants to help resolve issues and make the permitting process as pleasant as possible for your customers. All candidates will be presented for your approval. Office personnel can provide the following, but are not limited to:
> Provide customer support and assistance at the permit center counter and over the phone > Assist the public in completing permit applications and other necessary forms > Determine permit, plan and process requirements for permit applicants and notifying the applicant when construction documents or permits are ready for pick up or issuance > Receive, process and issue building permits
> Review and approve uncomplicated non-structural plan checks over the counter
FIRE PLAN REVIEW SERVICES
Our fire plan review staff can provide general fire site reviews or can review fire sprinkler, standpipe, and fire alarm submittals for any and all structures. This includes industrial and commercial buildings, single-family and multi-family complexes for compliance with local ordinances and State and Federal codes and regulations pertaining to Fire and Life Safety. Our talented professionals are prepared to review all types of projects for the department; from complex custom homes to shopping centers and high-rise buildings. Our fire review staff performs these services with the same thorough, accurate review and prompt turnaround times as our building and safety services. Our fire reviews encompass the following compliance requirements:
> California Fire Code
> California Building Code
> California Electrical Code
> California Mechanical Code
> Adopted NFPA standards as mandated by the State Title 24 and applicable ordinances. > All local, State and Federal laws pertaining to Fire and Building Safety Our fire reviews and inspections encompass the following compliance requirements:
> Performing all inspections through your Building Division and under the direction of the Co-Building Official or his/her designated staff
> 2019 California Fire Code as adopted by the State of California > National Fire Codes as published by the National Fire Protection Association (NFPA); as adopted and referPage 287 of 516 Teaming with Your Community to Make a Difference | www.WC-3.com 15 enced by the State of California (California Code of Regulations, Title-19, Section 1.09) > 2019 California Building Code, Volumes 1 and 2 as adopted by the State of California > 2019 California Electrical Code as adopted by the State of California > California Health and Safety Code
> Appropriate Listings (CSFM, UL, etc.)
> All adopted ordinances and amendments relative to building and municipal codes, including project Conditions of Approval from other departments, divisions, regulating agencies, and jurisdictions We will work with your Department in a seamless and timely manner for review of plans for code compliance, keeping projects accurately and swiftly moving toward final approval and construction. (Please refer to the Building Plan Review Process & Methodology Table on pages 11 and 12.
C3 STORMWATER PLAN REVIEW & INSPECTION SERVICES
WC³ will provide an exceptional staff of Licensed Civil Engineers (PE) and Qualified SWPP Developers (QSD) to provide C3 Stormwater plan review and, if needed, inspection services. Plans will be carefully reviewed for compliance with the town C3 Stormwater Technical Guidelines. WC³ has worked in multiple cities throughout California and is familiar with differences and intricacies of specific town guidelines and has completed plan review and inspected various treatment measures permitted by the C3 Stormwater Technical Guidelines, for public and private projects including Special Projects.
CASp REVIEW & INSPECTION SERVICES
Our CASp certified staff are knowledgeable of state and federal accessibility laws and regulations and possesses the expertise necessary to promote access to facilities for persons with disabilities. In accordance with newlyformed rules and regulations we can supply CASp certified professionals for review and/or inspection for accessibility and will comply with regulations to provide a sufficient number of building department staff who are CASp certified.
MAP REVIEW SERVICES
Final maps, parcel maps, lot line adjustments and legal descriptions will be reviewed by licensed Land Surveyor.
The surveyor will request and review all supporting documentation, easements, dedications etc. as required by the conditions of approval and as may be identified during the plan review process. QA/QC review will ensure all certificates, locations and details of all dedications and easements are incorporated in the final map/parcel map.
ADDITIONAL SERVICES
As a leading consultant with exceptional resources, we also offer the following additional services. We would be pleased to expand on any of our qualifications:
Scope of Services (Continued)
> Sustainability Review
> Interim Building Official Services
> Public Works Plan Review and Field Inspection
> Development Review and Inspection Services
> Civil Plan Review Services
> Online Document Management and Review
Teaming with Your Community to Make a Difference | www.WC-3.com 16 Qualified Personnel
Key Personnel
WC3 has established an experienced team of individuals that would seamlessly augment the Town of Los Altos Hills staff. The South San Francisco office will serve as the management center for this project and Mr. Donald Zhao, PE, MCP, CBO will serve as Client Manager and key WC3 contact for the Town. The following includes a brief summary of our proposed key contacts. On the subsequent pages, the additional members of the designated team is listed with specific assignment of each team member, as well as a list of licenses and certifications. Complete resumes are available for viewing in the Appendix, while copies of requisite licensing or certifications may be provided upon request.
Giyan Senaratne, will serve as Principal-in-Charge. He is a licensed California Professional Engineer and the Principal of WC3. With over 32 years of experience, Giyan has expertise working on some of the most complex mixed-use buildings and industrial facilities throughout California and the Western United States. His knowledge of all codes is sought by many Building Officials and design professionals to assist in resolving difficult code issues. He is highly experienced in successfully managing municipal departments and agency projects from top to bottom, including oversight of licensed engineers, architects and certified professionals, holding exceptional qualifications and experience in assisting government agencies. Mr. Senaratne is extremely proud of the relationship WC3 has built with the Town of Los Altos Hills throughout the years and is looking forward to the opportunity of continuing this strong tradition of service.
Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
We propose the services of Mr. Donald Zhao, PE, MCP, CBO as our main point of contact and Client Manager for the Town of Los Altos Hills. With over 20 years of experience in the construction industry and 14 of those years as a code official, Mr. Zhao has proven his mastery of Building Code in its many facets. Donald uses every opportunity to expand his base of knowledge and share it with his team.
His utilization of modern collaboration technology, along with a strict standard of quality, has enabled Donald to lead the South San Francisco branch of WC3 into six years of consistent growth. Donald's technique and ambition serve as the foundation and goal for all his employees and set him at the cutting edge of an industry constantly in search of innovation.
Donald Zhao, PE, MCP, CBO - Client Manager
Vice President / Regional Manager / Sr. Building Plan Review Engineer
Teaming with Your Community to Make a Difference | www.WC-3.com 17 Ms. Fattah has over 20 years of structural design experience with 12 years as a design engineer and over eleven (11) years as structural and non-structural plan review engineer. She brings a broad range of experience to any project. As a plan review engineer she has reviewed hundreds of projects for jurisdictions throughout California. Types of projects reviewed include single family dwellings, podium type residential complexes, corporate offices, OSHPD Medical facilities and Data Centers. She has provided in-house plan review services in multiple jurisdictions throughout the bay area and currently leads the plan review division at WC3's San Ramon office. Mrs. Fattah is a long time Bay Area resident and is intimately familiar with the Bay Area built environment.
Zahra Fattah
Plan Review Supervisor
Mr. Schneiderjohn is a licensed Professional Civil Engineer whose experience includes building design review, construction, and code compliance. He is certified by the International Code Council (ICC) as building plans examiner, and has a Masters of Science in Structural Engineering from San Jose State University. He brings unparalleled customer service to many jurisdictions, assisting and guiding designers, contractors, architects and homeowners through the building permit process. In addition, he provides onsite and on-call plan review, inspection and front counter support.
Eric Schneiderjohn, PE, QSD
Senior Building Plan Review Engineer
Qualified Personnel (Continued)
Mr. Hume has almost 40 years of structural engineering experience, with 20 years as a design engineer and 18 years as a lead structural plan review engineer.
As a structural plan review engineer he has reviewed thousands of projects for jurisdictions throughout California, Washington, Colorado, Utah, and Nevada.
Curt has served as the lead structural plan review engineer for a variety of jurisdiction across the west coast, including many associated with the California Energy Commission.
Curt Hume, PE, SE
Senior Structural Plan Review Engineer
Teaming with Your Community to Make a Difference | www.WC-3.com 18 Qualified Personnel (Continued)
BUILDING PLAN REVIEW SERVICES
Giyan Senaratne, PE, SE, LEED AP
Principal-in-Charge / CEO
• Registered PE: CA 46194
• Registered SE: 4457
• LEED AP Certification
• +8 Additional Certifications
• 32 Years Industry Experience
Donald Zhao, PE, MCP, CBO
Vice President Building Plan Review Engineer
• Registered PE: CA 79273
• ICC Master Code Professional
• ICC Certified Building Official
• +30 Additional Certifications
• 15 Years Industry Experience
Zahra Fattah, LEED AP
Building Plan Review Engineer • BS in Structural Engineering • BS in Applied Physics
• ICC CA Building Plans Examiner
• 23 Years Industry Experience
Eric Schneiderjohn, PE, MS
Client Manager | Building Plan Review Engineer
• Registered PE: CA C 87019
• MS in Civil Engineering
• ICC Building Plans Examiner
• +2 Additional Certifications
• 10 Years Industry Experience
Curtis Hume, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 38266
• Registered SE: S3134
• +3 Additional Licenses in
Washington and Arizona
• 40 Years Industry Experience
Keith Ma, PE, SE
Structural Plan Review Engineer
• Registered PE: CA 364767
• Registered SE: 5065 • 14 Years Industry Experience
Saeed Amirazizi, SE, CBO, CASp
Structural Plan Review Engineer
• Registered SE: CA S3499
• Certified Access Specialist
(CASp) - 670
• ICC Certified Building Official
• +7 Additional Certifications
• 21 Years Industry Experience
Todd Snider, PE, SE, CBO
Structural Plan Review Engineer
• Registered PE: CA C 80941
• Registered SE: CA S 6311
• ICC Building Plans Examiner
• +16 Additional Licenses and
Certifications
• 14 Years Industry Experience
Keyvan Irannejad, PE, CBO
Structural Plan Review Engineer
• Registered PE: CA C 44539
• BS in Environmental Engineering
• ICC Building Plans Examiner
• +9 Additional Certifications
• 34 Years Industry Experience
Yuri Shin, PE
Building Plan Review Engineer
• Registered PE: CA C 87381
• MS in Structural Engineering
• BS in Structural Engineering
• ICC Building Plans Examiner
• 7 Years Industry Experience
Andrew Wallace
Sr. Building Plans Examiner • ICC CA Building Plans Examiner • ICC Residential Building
Inspector
• 9 Years Industry Experience
Bassamat Bahnasy
Building Plans Examiner
• BS in Architecture
• LEED AP Credential
• ICC Building Plans Examiner
• ICC Accessibility Plans Examiner/
Inspector
• 28 Years Industry Experience
Teaming with Your Community to Make a Difference | www.WC-3.com 19 BUILDING PLAN REVIEW SERVICES (Continued)
Doug Smith, MCP, CBO
Sr. Electrical Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• Electrical Plans Examiner
• +12 Additional Certifications
• 21 Years Industry Experience
George Williams, MCP, CBO
Sr. Mechanical Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Certified Plumbing Code
Specialist
• ICC Mechanical Code Specialist
• + 29 Additional Certifications
• 21 Years Industry Experience
FIRE PLAN REVIEW SERVICES
Scott W. Adams, FPE
Fire Division Manager
Sr. Fire Plan Review Engineer
• Registered FPE CA: 2089
• BS in Fire Protection
Engineering
• Licensed in Utah and Nevada
• +2 Additional ICC Certifications
• 43 Years Industry Experience
PUBLIC WORKS & CIVIL ENGINEERING SERVICES
Maurice Kaufman, PE, LS
Civil Division Manager
• Registered PE: CA C 43680
• Registered LS: CA L 7256
• 33 Years Industry Experience
• Masters of Civil Engineering
(Structural Emphasis)
BUILDING INSPECTION SERVICES
H. Joe Rossbach, MCP, CBO
Building Inspection Supervisor
Sr. Building Inspector / Plans Examiner
• ICC Master Code Professional
• ICC Certified Building Official
• ICC Commercial Bldg. Inspector
• ICC Building Plans Examiner
• 28 Additional Certifications
• 31 Years Industry Experience
PERMIT TECHNICIAN SERVICES
Marky Phun
Permit Technician Supervisor
• 5+ Years Supervisory Permit
Technician Service
• Impeccable Customer Service
• Trains Permit Technician Staff
for Jurisdictional Placement
Qualified Personnel (Continued)
Supplemental qualified Building Plan Review staff is available for additional support.
Supplemental licensed and certified Public Works and Civil Engineering staff is available for additional support to the project.
Additional qualified Building Inspection staff is available for support to the project and will be presented at the time of request.
Additional qualified Permit Technician staff is available for support to the project and will be presented at the time of request.
Supplemental licensed FPEs and certified Fire Plan Review staff is available for additional support to the project.
Teaming with Your Community to Make a Difference | www.WC-3.com 20 Rate & Service Structure
RATE SCHEDULE OF PROPOSED FEES
PLAN REVIEW SERVICES CONTRACT RATE
Comprehensive Plan Review Billed as 70% of Town's Plan Review Fees Minimum Plan Reveiw Fee $270 (2-Hour Minimum Rate)
Expedited Plan Review 150% of Hourly Rates Listed Below BUILDING DEPARTMENT SERVICES HOURLY RATES*
Off-Site Comprehensive Plan Review $135.00 / Hour
Off-Site Structural Plan Review $150.00 / Hour
On-Site Plan Review $135.00 / Hour
Senior Building Inspector $120.00 / Hour
Building Inspector III $115.00 / Hour
Building Inspector II $110.000 / Hour
Building Inspector I $100.00 / Hour
Admin Assistant / Permit Technician $80.00 / Hour
Reimbursable Expenses At Cost
Courier/Delivery Expenses No Cost
Mileage Expenses Staff Hourly Rate + IRS Standard Mileage Rate WC3’s Rate Schedule of Proposed Fees displays our firm’s proposed rate structure for building plan review services, as well as additional inspection and on-site professional services as an option. Further details regarding WC3’s fee structure are described below and on the subsequent page.
Contract Rate
As an added convenience to the Town of Los Altos Hills, the fees for comprehensive plan review services, performed off-site at WC3 offices, are proposed as a percentage (70%) of the Town's building/structural plan check fees. Fees will be calculated per the most current plan review fee schedule provided by the Town of Los Altos Hills. Contract rates require a minimum 2-hour plan review time and include an initial, second and brief third review (if necessary).
If additional reviews are required to approve the construction documents, WC3 will bill the additional time on an *The above hourly rates are applicable through June 30, 2022. Proposed hourly rates are for fiscal year 2021/2022.
Hourly rates are subject to an annual increase based on a minimum 3% cost of living or the Engineering News Record’s (ENR) Construction Cost Index (CCI); whichever is greater.
Teaming with Your Community to Make a Difference | www.WC-3.com 21 Rate & Service Structure (Continued)
hourly basis, with the Town's prior approval. Preliminary reviews and reviews of deferred submittals or addendums will also be billed on an hourly basis. Expedited projects will be billed at 150% of the proposed hourly rates for plan review fees. Service fees include the review of plans and related documents for compliance to the State of California Building Laws as generally contained in Title 24, Parts 2, 3, 4, 5, 6, 8, and 12, which covers structural, fire and life safety, disabled access, MEP and energy conservation requirements.
Hourly Rates
The proposed hourly rates are applicable through June 30, 2022. Proposed hourly rates are for fiscal year 2021/2022.
Hourly rates are subject to an annual increase based on a minimum 3% cost of living or the Engineering News Record’s (ENR) Construction Cost Index (CCI); whichever is greater.
On site services (plan review, permit technician, inspections, CBO services) will be provided in eight (8) hour segments. On site services in excess of forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One Hundred Fifty Percent (150%) of regular rates. Overtime is defined as working more than Forty (40) Hours a week or more than Eight (8) Hours a day or more than Six (6) consecutive days in a week.
Double Overtime – Two Hundred Percent (200%) of regular rates • Double Overtime is defined as working more than Twelve (12) hours a day or working more than Eight (8) hours on the seventh consecutive day of work.
• Holidays and Weekends – Two Hundred Percent (200%) of regular rates.
Proposed hourly rates are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California Department of Industrial Relations (DIR) regulations.
Reimbursable, Courier/Delivery and Mileage Expenses
If applicable, WC3 proposes that reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost, without mark up. WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost to the Town of Los Altos Hills. When applicable, reimbursements for mileage are for the use of personal automobiles within the Town's limits, typically Building Inspectors. Reimbursements for mileage from our WC3 offices to the Town's office may apply for staff augmentation. Reimbursements for mileage are applicable to the staff hourly rate plus the Internal Revenue Service's (IRS) standard mileage rate.
Invoicing Procedures
At the beginning of each month, WC3 will furnish to the Town of Los Altos Hills an invoice and a statement of the work performed for compensation during the preceding month. Such statement will include a detailed record, if applicable, of the month's actual reimbursable and mileage expenditures.
Teaming with Your Community to Make a Difference | www.WC-3.com 22 Giyan Senaratne 23
Donald Zhao 24
Zahra Fattah 25
Eric Schneiderjohn 26
Curtis Hume 27
Keith Ma 28
Saeed Amirazizi 29
Todd Snider 30
Keyvan Irannejad 31
Order of Resumes:
Yuri Shin 32
Andrew Wallace 33
Bassamat Bahnasy 34
Doug Smith 35
George Williams 36
Scott W. Adams 37
Maurice Kaufman 38
H. Joe Rossbach 39
Marky Phun 40
Appendix - Resumes