________________________________________________________________________________
SPECIAL MEETING AGENDA
Remote Meeting Covid-19 Advisory: On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which goes into effect on October 1, 2021. The bill extends the teleconference procedures authorized in Executive Order N-29-20, which expired on September 30, 2021, during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill. Portola Valley Town Council and commission and committee public meetings are being conducted electronically to prevent imminent risks to the health or safety of attendees. The meeting is not available for in-person attendance. Members of the public may attend the meeting by video or phone linked in this agenda.
Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please send an email to [email protected] by 3:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission or Committee members for consideration during the meeting and will be included in the public record. Additionally, the public body will take questions using the Q&A button for those who attend the meeting online or by phone. Finally, if you call in, you may provide comments by pressing *9 on your phone to "raise your hand" and *6 to mute/unmute yourself.
The meeting Chair will call on people to speak by the phone number that is calling in.
We encourage anyone who has the ability to join the meeting online to do so. You will have access to any presentations that will be shown on your screen and can easily ask questions using the “raise your hand” feature when the Chair calls for them.
Below are instructions on how to join and participate in a Zoom meeting.
To access the meeting by computer:
https://us06web.zoom.us/j/84844841808?pwd=UFpDUUFKejA4Sy9Hcy9pbjgvTkJyZz09 Webinar ID:
848 4484 1808
Passcode:
576867
To access the meeting by phone:
Dial 1-669-900-6833 or
1-888-788-0099 (toll-free)
Mute/Unmute – Press *6 / Raise Hand – Press *9
7:00 PM - CALL TO ORDER AND ROLL CALL
Councilmember Derwin, Councilmember Aalfs, Councilmember Richards, Vice Mayor Wernikoff, and Mayor Hughes
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items, not on the agenda.
Speakers' time is limited to three minutes.
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, March 23, 2022
THIS SPECIAL MEETING IS BEING HELD VIA
VIDEOCONFERENCE ONLY
Agenda - Town Council Meeting
March 23, 2022
CLOSED SESSION REPORT
1. Town Attorney - Report Out on March 9, 2022, Closed Session (4)
CONSENT AGENDA
The following items are voted on at once by the body, unless a member of the body requests an item be considered separately. Members of the public are permitted to comment on any item on the consent calendar before the body votes on the consent agenda.
2. Approval of Minutes – Action and Detailed Summary Minutes for March 9, 2022 (5)
3. Approval of Warrant List – March 23, 2022 (21)
4. Proclamation Declaring April as National Poetry Month (27)
5. Recommendation by Wildfire Preparedness Committee – Proposed Charter Revision (28)
6. Recommendation by Parks & Recreation Committee – Proposed Charter Revision (31)
7. Appointment by Mayor – Member to the Emergency Preparedness Committee (32)
8. Appointment by Mayor – Member to the Race and Equity Committee (33)
9. Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and (34) Need to Continue Conducting Town Public Meetings Remotely (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. _)
10. Recommendation by Town Manager and Assistant Town Manager – Fiscal Year 2022-23 Council (38) Priorities Adoption
REGULAR AGENDA
11. Update from Town Lobbyist on State Budget and Introduction Legislation (42)
12. Recommendation by Part Time Assistant to the Town Manager – First Reading of Ordinance Repealing (43) Old Chapter 8.08 of the Portola Valley Municipal Code and Adding New Chapter 8.08 [Refuse Disposal and Collection and Mandatory Organic Waste Disposal Reduction] to Implement SB 1383 (a) First Reading of Title, Waive Further Reading, and Introduce an Ordinance of the Town Council of Portola Valley Repealing Old Chapter 8.08 [Garbage] and Adding New Chapter 8.08 [Refuse Disposal and Collection and Mandatory Organic Waste Disposal Reduction] to Title 8 [Health and Safety] of the Portola Valley Municipal Code (Ordinance No . __)
13. Update and Discussion on Housing Element Process (126)
14. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS (141) Oral reports arising out of liaison appointments to both in-town and regional committees and initiatives. There are no written materials and the Town Council does not take action under this agenda item.
15. TOWN MANAGER REPORT (142)
WRITTEN COMMUNICATIONS
16. Town Council Digest – March 10, 2022 (143)
17. Town Council Digest – March 17, 2022 (154)
ADJOURNMENT
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. In accordance with SB343, Town Council agenda materials released less than 72 hours prior to the meeting, are available to the public at Town Hall, 765 Portola Road, Portola Valley, CA 94028.
Agenda - Town Council Meeting
March 23, 2022
SUBMITTAL OF AGENDA ITEMS
The deadline for submittal of agenda items is 12:00 Noon WEDNESDAY of the week prior to the meeting. By law no action can be taken on matters not listed on the printed agenda unless the Town Council determines that emergency action is required.
Non-emergency matters brought up by the public under Communications may be referred to the administrative staff for appropriate action.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items.
If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
#1
There are no written materials for Report out of March 9, 2022, Closed Session
______________________________________________________________________________________
MINUTES
WEDNESDAY, March 9, 2022, 7:00 P.M.
26Remote Meeting Covid-19 Advisory: On March 17, 2020, the Governor of California issued Executive Order N-29-20, suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the statewide Shelter-In-Place Order issued by the Governor in Executive Order N-33-20 on March 19, 2020, and the CDC's social distancing guidelines that discourage large public gatherings, Portola Valley Town Council meetings are conducted electronically via ZOOM.
Convene Special Meeting
Mayor Hughes called the meeting to order at 7:00 P.M.
Roll Call
Present: Councilmembers Richards, Derwin, Aalfs; Vice Mayor Wernikoff, and Mayor Hughes
Open Communications
The following members of the public addressed the Town Council:
• Karen Vahtra
• David Cardinal
Consent Agenda
1. Approval of Minutes – Action and Detailed Summary Minutes for February 23, 2022
2. Approval of Warrant List – March 9, 2022
3. Appointment by Mayor – Member to Trails and Parks Committee
4. Update by Town Manager – COVID Business Assistance Grant (CBAG) Program
5. Recommendation by Town Attorney - Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
TOWN OF PORTOLA VALLEY
7:00 PM – Special Meeting of the Town Council
Wednesday, March 9, 2022
THIS SPECIAL MEETING WAS HELD VIA
VIDEOCONFERENCE ONLY
TOWN OF PORTOLA VALLEY
ACTION MINUTES
(a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2882-2022)
There were no public comments on the Consent Agenda.
Mayor Hughes pulled item5.
Motion
Councilmember Aalfs moved to adopt Consent Agenda items 1 through 4. Seconded by Councilmember Richards, the motion carried unanimously, by roll call vote.
5. Recommendation by Town Attorney - Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
(a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2882-2022)
Town Manager Dennis gave an update on the status of future meetings. Hybrid meetings in the Historic Schoolhouse are anticipated to begin sometime in April.
Motion
Councilmember Richards moved to approve Consent Agenda item 5. Seconded by Councilmember Aalfs, the motion passed unanimously, by roll call vote.
Regular Agenda
6. Study Session – Council Priorities Study Session 2 – Adoption of Priorities The Council Priorities for fiscal year 2022-23 were presented and adopted and include: Wildfire/emergency preparedness; land use projects and programs; operational and service delivery enhancements; sustainability; and diversity, equity and inclusion.
7. Report by Planning and Building Director – Planning and Building Department Workload Update
The Planning and Building Director presented a report on staff workload, including volume of work and staffing patterns; Department revenue; and an interim approach for staffing for the remainder of the fiscal year.
Motion
Vice Mayor Wernikoff moved to accept the accept the report and preliminarily approve additional budget resources for recruitment of a Development Review Technician.
Seconded by Councilmember Aalfs, the motion passed (5-0), by roll call vote.
8. Council Liaison Committee and Regional Agencies Report All five Council members provided reports on the last two week’s regional meetings, local committee meetings, subcommittee meetings, and other items of note.
9. Town Manager Report
The Town Manager provided his regular report.
Written Communications
The Council reviewed written communications for the body over the last two weeks.
Adjourn to Closed Session
The meeting adjourned to closed session at 8:42 p.m.
12. Public Employee Performance Evaluation Government Code Section §54957(b)(1) – Town Manager
Adjournment
The meeting was adjourned at 9:05 P.M.
1 PORTOLA VALLEY TOWN COUNCIL SPECIAL MEETING NO. xxx, March 9, 2022
CALL TO ORDER AND ROLL CALL
Mayor Derwin called the Town Council’s Special Teleconference-only meeting to order at 7:00 p.m. Ms.
Hanlon called the roll.
Present: Councilmembers John Richards, Maryann Derwin, Jeff Alfs; Vice Mayor Sarah Wernikoff; and Mayor Craig Hughes
Absent: None
Others: Jeremy Dennis, Town Manager
Laura Russell, Planning & Building Director
Sharon Hanlon, Town Clerk
Attendees: Karen Vahtra
David Cardinal
ORAL COMMUNICATIONS
Karen Vahtra commented that the Wildfire Committee is the only standing committee that has a Town Councilmember who can vote, and this allows the Town Council to have unprecedent second vote, both within the committee and at the Council level. At the previous Wildfire meeting, the Town Councilmember began the first steps of orchestrating the ouster of one of their key programs for wildfire safety – evacuation. The explanation given was that the time should be spent on other matters, such as working with neighbors, but a nationwide program already exists for that, called Firewise, which the WFPD already actively supports. She asked that the Council revoke this power by amending the Charter so that the Councilmember is not a committee member, but a liaison only.
Mayor Hughes did not believe this was unprecedented and that it has occasionally been the case with committees in the past, although it is uncommon. However, for important committees, like this one, he said it has happened in the past .
CONSENT AGENDA
(1) Approval of Minutes – Action and Detailed Summary Minutes for February 23, 2022 (2) Approval of Warrant List – March 9, 2022
(3) Appointment by Mayor – Member to the Trails and Paths Committee (4) Update by Town Manager – COVID Business Assistance Grant (CBAG) Program (5) Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meeting Remotely. (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2882-2022)
Mayor Hughes invited public comments regarding The Consent Agenda. Hearing none, he invited Councilmembers to pull any item on the Consent Agenda.
Mayor Hughes pulled item 5 from the Consent Agenda.
SUMMARY MINUTES
2 Councilmember Aalfs moved to approve Consent Agenda items 1 – 4. Seconded by Councilmember Richards, the motion carried unanimously, by roll call vote. (5) Recommendation by Town Attorney – Adoption of a Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meeting Remotely. (a) A Resolution of the Town Council of the Town of Portola Valley Confirming Existing State of Emergency and Authorizing Continued Remote Public Meetings Under AB 361 (Resolution No. 2882-2022)
Mayor Hughes said he pulled the item to give Town Manager Dennis an opportunity to update the Council on the status of future meetings in person. Town Manager Dennis responded that they are close to reopening the Historic Schoolhouse to hybrid meetings. Next week there will be a week’s worth of installation of hardware and the following week will be testing. Following that there will be some initial training of staff and others invited to participate. The hope is that in April staff will be able to introduce hybrid meetings into the Schoolhouse. He said the outstanding question is that of support, which now is handled by the Town Clerk at Council meetings and from Planning and Building staff at ASCC and Planning Commission meetings. There will need to be ongoing conversations with committee chairs regarding expectations related to who will manage those meetings as they see fit. The committee meetings generally operate under the meeting model, in lieu of the webinar model, so there would be fewer technical aspects associated with management of the meeting overall. He will learn more in a couple weeks about the system and will be transmitting that to committee chairs and others.
Mayor Hughes asked if there were any changes with the recent changes at the state level around COVID rules and expectations from the Governor’s Office relating to extension of the ability to operate remotely.
Town Manager Dennis said the recent actions by the Governor do not change the ability to continue remote meetings, at least through June. He has also had a conversation with the Town lobbyists, and they concur on this. Town Attorney Silver commented that as long as there is recommendation that some form of social distancing or masks be worn in a public setting, the town can continue to work remotely.
Councilmember Richards moved to approve item 5 on the Consent Agenda. Seconded by Councilmember Aalfs, the motion carried unanimously, by roll call vote.
REGULAR AGENDA
(6) Study Session – Fiscal Year 2022-23 Council Priorities Study Session 2 – Adoption of Priorities Town Manager Dennis and Assistant Town Manager Gaines presented this item. Town Manager Dennis reminded the Council of the kick-off workshop with the committees on January 26th in which they development of the FY 2022-23 budget. He said they will be asking if there is anything specific the Councilmembers would like to see incorporated into the priorities. Their assessment is that the majority of requests from committees would fall under their own budgets and may not necessarily fall under the priority elements. However, if this is not the case, they would amend what was presented. The second meeting on February 9
th was the Council Study Session. Staff presented ideas based on internal conversations and on issues that have been discussed with the public over the last fiscal year.
Town Manager Dennis presented five priorities for Council consideration and said they borrowed from some neighboring cities on their approach. He mentioned that Mr. Gaines played a significant role in Mountain View’s Council Priority development process, and some of the things he was using there were utilized in their presentation. Town Manager Dennis noted that is a useful document to print and have available to members of the public. The goal was to capture everything that was relayed to staff at the February 9
th meeting, including changes related to nomenclature of some of the priorities and inclusion of some additional projects, and they hoped to get feedback, questions and comments from the Councilmembers.
3 Mayor Hughes invited questions from the Councilmembers.
Vice Mayor Wernikoff appreciated the new, user-friendly format and all of the detail. She asked, regarding the third item, “implementation of expanded home hardening and defensible space code updates in conjunction with Woodside Fire.” She said she assumed these were the code updates that are expected from Woodside Fire. Town Manager Dennis said there were two components to this. Woodside Fire Protection District has announced updates to the fire code. They anticipate these being somewhat expanded, given new information being developed by experts around the country on these issues. The other component is that the home hardening code put in place by the Town Council late last year is a significant document, in that not many cities have some anything this expansive, but they are learning from it and have been having conversations with community members about challenges of implementing the code, particularly around decking issues. The home hardening code may change depending on information received. He had a meeting with the Building Official to talk through what some of the issues may look like, and timing of how they might come forward. He said they tried to bundle all of the major code updates at one time a year, making it a fairly significant undertaking to bring it all forward, but that is their hope in 2022.
Vice Mayor Wernikoff noted that at the bottom it also mentions adoption of the fire code update, and she wanted to make sure she understood what was being listed. Town Manager Dennis said he may have simply duplicated the effort, and he will clean up the wording. In the third bullet he was wanting to point out that any home hardening updates will be done in conjunction with Wood Fire Protection District. He said he will clear that up that bullet and probably eliminate the element in parentheses, because it is duplicated later. Vice Mayor Wernikoff said she was interested in the Woodside Fire Protection District maps and wondered how that project fit into the item and if it should be added. Town Manager Dennis felt it was implicit in bullet 3 but agreed that making it more explicit is probably necessary, so he will add an explicit bullet point that the Fire District is working on those maps, and they will be reviewed by the Town Council when they are available.
With no further questions from the Commission, Mayor Hughes invited public comments.
Karen Vahtra was concerned that the $450,000 tree work in the right-of-way is not included in the list. The work was analyzed in 2020 and has not been placed in the budget. She said it is extremely important for both fire spread and evacuation.
With no further public comments, Mayor Hughes brought the item back to the Council for discussion.
Councilmember Derwin offered suggestions for a few edits and pointed out a couple typographical corrections. Under Sustainability, “Adoption of Sustainability Committee Recommendations,” her suggestion was that “…including preparing for the drought.” ought to be added because the drought is a big deal. She offered a revision of the end, to read, “Town Council continues its commitment to consider diversity, equity and inclusion when developing ordinances, policies, programs and projects.” She asked if this was agreeable. Councilmember Aalfs and Mayor Hughes expressed their approval. Town Manager Dennis asked her to email the changes to him.
Councilmember Aalfs thought it was a great document, and it will be nice to be able to make it available to the public, to state the Council’s priorities and values.
Councilmember Richards liked the format and the changes, and said it is much easier to grasp what the Council is looking for.
Vice Mayor Wernikoff noted under “Operational and Service Delivery Enhancements, Adoption of project management tools,” that she thinks of this more as implementation of project management principles, as a discipline, more than just implementing tools. She said she is fine with project management on Excel but is more focused on using project tracking and other such principles more in the process. She was open to a better way of stating this. Mayor Hughes agreed that it is not just about the tools but about the
4 culture and approach to how they work. Mr. Gaines clarified that this was meant to be a continuation of the prior bullet – “Implementing technological and software improvements to increase staff productivity and provide enhanced communications and greater transparency.” He said it needs to be juxtaposed a bit more, so that it is an element of the sub header of the bullet, “Explore options to better serve and utilize Town committees and their operations.” Town Manager Dennis proposed adding a bullet speaking to the principles portion of this. Vice Mayor Wernikoff agreed, stating that the principles are the bigger point.
Vice Mayor Wernikoff commented on “Explore options to better serve and utilize Town committees and their operations. She referred to prior discussions about looking through the Committee Handbook and making updates, versus the narrower sense discussed at the last meeting. Mayor Hughes thought it related to the conversations they have had periodically about the role of Council Liaisons, setting committee agendas, tracking work items, et cetera, and allowing them to come up with their own ideas as long as they are accomplishing their core work. Vice Mayor Wernikoff thought the wording on this point might be tweaked somehow to better reflect the Mayor’s description. Town Manager Dennis, Mayor Hughes and Vice Mayor Wernikoff briefly discussed wording of the bullet to make it more precise. Town Manager Dennis said he would work on this and bring it back at the next Council meeting without holding up the budget development process.
Mayor Hughes felt the priorities could potentially be approved with a couple edits, to come back as a consent agenda item. He felt they could assign one Councilmember to review the final draft before it goes on the agenda at the next meeting for final approval. Town Manager Dennis said, as a product of the Council, the document requires the full endorsement of it. He suggested that the Mayor and Vice Mayor could review it at their meeting on Monday morning and perhaps bring back a recommendation.
Vice Mayor Wernikoff said the Wildfire Preparedness Committee is interested in potentially having a speaker or two but did not submit any budget numbers for that. She wondered if they could still do that even without having a line item for it in the document. Town Manager Dennis responded that there will be an opportunity for the committee to submit that more formally later in the year.
Councilmember Derwin moved to approve the 2022-23 Council Priorities pending the minor edits, to be included in the next Consent Agenda. Seconded by Councilmember Richards, the motion passed (5-0), by roll call vote.
(7) Oral Report by Planning and Building Director – Planning and Building Department Workload Update
Planning and Building Director Russell presented an update on Planning and Building Department staffing. The Council discussed this previously in May of 2021. At that time the Council supported a series of recommendations, resulting in changes in the staffing pattern for the Department, including adding additional resources. Their full-time staff has gone from four to five. A senior planner was added, and part time contract staff has increased from five to seven, including planning, code enforcement and building official services. Director Russell’s presentation the update on the workload, the budget, and plans to cover a scheduled leave of a key staff member. Proposals for the current fiscal year as well as the next were included.
Since adding the additional resources, the Department successfully recruited a senior planner, Director Russell said is no small feat in the current environment. She shared that she has needed to spend 100 percent of her time on the Housing Element Update. She had expected it to be around 85 percent, allowing time for a few other tasks, but that has not turned out to be the case. The Department has added additional contract planner services and have continued to see a high demand for customer service, meaning routine pre-application work, including emails, phone calls, Zoom meetings, and counter service.
Budget funds were expended for contract planner services midway through the year. The contract planners have been very effective and have trained another contract planner. They hope to continue with this, so there is a budget request coming up related to that. They also added code compliance/code enforcement services and now have an experienced code enforcement officer who has been working with the Department, helping to track cases, close more of the cases, and keep up with all of the records.
5 Consequently, they now have more of a code compliance program instead of a hit-and-miss approach as in the past. Resources were limited such that they could focus only on the most egregious, life safety type code complaints in the past, but are now able to focus on a much larger range. Director Russell said they have maintained a “soft touch” for code compliance, very much focused on communication, outreach and trying to get voluntary compliance. They have not had to resort to notices of violation, except in very rare cases. Building official services were also added, and they are now working with a very experienced Building Official who works a few hours a week but has made a big difference in terms of implementation of the home hardening ordinance as well as routine management of Building Division functions. He is very helpful for problem-solving and code interpretations. Overall, the changes made to the Department staffing have been very effective.
Director Russell said in the big picture they look at how their work program is evolving as many things have changed in the community in recent years. Some things they are working on now have a much higher level of complexity and end up with much more customer service needs and many more inquiries from residents. They are also working on Housing Element and Safety Element updates which are very time-consuming and complex and have high levels of participation from the community. They are working in an environment of very complex state laws. Conversations are around ADUs, SB9, and Housing Element laws. She said this current series of laws is unprecedented in her career and takes a small town like Portola Valley that used to operate from a friendly, easy point of view into being in a position of having to ensure legal compliance at all times, with the Town Attorney as the starting point for everything they do. This is a dramatic shift in philosophy, and they are trying to retain the friendly approach while being very mindful of state laws and bringing them forward to Council so that people understand them.
Director Russell shared that the Department is also processing significant development applications which require a lot of time, including Planning staff, Town Attorney and Town Manager time on larger projects. There are high levels of community engagement and communications going out. There are many inquiries and questions about the initiatives and projects that they are working on. The public records requests go up and down depending on what phase different projects are in. They assume the requests will spike again, as more projects start to come forward. They also see a continuation of applicants requesting a very high level of service. Staff feels this is linked to the pandemic, although they are not certain that’s the case. They have experienced people feeling dissatisfied with the world, with politics, with the pandemic. People are feeling the effects of all this and looking for a high level of service from them. Director Russell said they valued the opportunity to provide service to the public; however, the result is that it oftentimes outstrips the supply.
Director Russell turned to discussing quantitative measures. She presented highlights of the information in the staff report. There are elements of staff’s work that they can quantify, and they have tried to do more of that over the last year in order to understand trends. It is new for the Town and has not been done this way in the past, to her knowledge. They are trying to update the data and carry it forward to see trends and share them with the Council and the public. She said building permit applications provide the fundamental measure of quantity of permits going through the Building Division on a quarterly basis.
These are broken out to be able to track the changes with the seasons, depending on how busy building divisions are. They started with fiscal year 2018-19 data to try to compare to pre-pandemic numbers.
Director Russell said last year when they talked about this, they highlighted the high number of permits that they were processing, despite pandemic conditions, estimating that the 2021 building permit total would be around 445 to 448. The final number was very close, with 442 building permits processed. This was a 22-percent increase over the pre-pandemic workload and staffing pattern.
Director Russell said the numbers for this year continue to be high, although not quite as high as last year. She shared the first six-month’s numbers for the current fiscal year. They have seen a large increase in pre-applications, because there are a lot of significant remodels which they now put through a pre-application process. This was partially to increase cost recovery per the Council’s previous direction and also to increase information provided to applicants upfront so that they can be more successful in the process. This number is going up as they try to assist people with their applications. Director Russell reported that they are on track to have roughly the same number of applications as last year.
6 Director Russell explained that architectural review and site visits are starred because most new houses or major projects would be both architectural review and site development, coupled together in the permit tracking system. For the first half of the year, they have 11, but many of those will also include site development permits, which means processing two things at once, so that number represents more work than it appears, and they are on track for a record year. The total number of applications is at 27 for the first half of the year, so they are on track for a high number, well above pre-pandemic numbers. She reported that work is also ongoing on the Housing Element and Safety Element. Significant projects include Stanford faculty housing, a Conditional Use Permit amendment for Alpine Hills to increase their membership. They are working with Alpine Inn to make renovations to their main building, updating it to a modern safety standard and Health Department standard.
Director Russell spoke of revenues, and said it is the first time bringing this to the Council, so that they are familiar with them now in light of the interim proposals and setting the stage going into a new budget year. The Building Division revenue is within three key categories – building permits, plan checks, and inspections. In the first category, building permits, the revenue, the fiscal year budget and the percent of the budget they are currently at was shared. For building permits the amount is at 85 percent of the year’s budget, so well above. She said they were very conservative in the budgeting last year because there were so many unknowns. She said their thought is that, with the revenue numbers and workload numbers staying high, the trends will continue into the foreseeable future. The building permit work is primarily performed by staff, as technicians take in applications and move them around.
Director Russell explained that the plan check category work is performed primarily by consultants. There is also a staff component that goes towards funding staff salaries to perform this work. This is the same for inspections. The work is performed primarily by the contract building inspector but there is also a portion of it that funds staff salaries. She said the expense numbers are not exact because of invoices lagging behind and the time it takes to process them. She noted that for the income in plan check and inspections categories there will be a proportional increase in expense to consultants as well.
Director Russell shared key categories within the Planning Division revenue. Site development permit revenues are at 70 percent of the annual budget. Architectural review revenues are currently at 66 percent. Regarding Town staff time charged to deposits, she explained the fee-plus-deposit system so that when planners are actually working on projects, this is the money that gets charged to those deposits and comes back into the Town as General Fund revenue, then goes back to fund to salaries, et cetera.
She said this particular case will include almost exclusively the Assistant Planner’s time, a small amount of one of the technician’s time and a little bit of her time working directly on projects. She felt it was an accurate number according to the budget, but there are still some things lagging behind, so it may be little higher, but even based on that conservative number, they are at 53 percent of the budget for the year in that category. Director Russell shared the total department revenue for Planning and Building for the first half of the fiscal year budget. In Building, they have taken in almost a year’s worth of revenue in six months. In Planning, they are also at greater than 50 percent of what was expected at mid-year.
Director Russell discussed the interim approach, what they propose for the remainder of the fiscal year.
She said they are trying to make a series of adjustments to cover everything in the process, especially considering a planned leave of a key staff member. Director time is proposed to increase on the Safety Element and Housing Element. The consultant time for both initiatives, Urban Planning Partners, would increase. Council has already considered an increase in the Safety Element, and additional information on the Housing Element will be brought to Council separately. Director Russell said staff’s proposal is to bring in an “acting principal planner,” which is a highly qualified professional planner who would backfill some of the work typically done by Director Russell, to free up time for her to focus on Housing Element and Safety Element. Much of this person’s time would be reimbursable in the proposed system, so applicants would be paying for the acting principle planner’s time to supervise the planners, who are reviewing projects. Some would not be reimbursable, so the estimate is about $10,000 for the remainder of the fiscal year.
Next, they plan to increase the full time Assistant Planner, to spend more time in the Housing Element and Safety Element. Two consultant planners will do the customer service work described earlier, so that
7 money has been spent already. The needs are high in this area, so the recommendation is a $50,000 augmentation to that budget for the fiscal year. In addition, they would like to have a consultant planner budget for other initiatives, such as a code amendment with the Housing Element to bring the Town up to state law; or small requests from committees that they haven’t had resources to do. Director Russell said there is an experienced consultant with the Department now who is qualified to take on some of these without requiring a lot of oversight.
In terms of an upcoming budget request, Director Russell said they propose that the Town hire a new, permanent development review technician, to make a total of three. The Department has a Senior Development Review Technician. There would also be two Level I or II technicians. All of these job descriptions have recently been re-written and approved by the Council. They feel this is supported by the workload analysis and the budget information. The goal would be to have them do both technical and administrative, customer service work. There are also some recordkeeping needs which were put aside during the pandemic, and they recognize that if they don’t get started, it will be a mountain to deal with later. They hope to make progress on that. At the start of the pandemic some technical and administrative duties were shifted onto the planners, and the plan is to shift those back to the technician position to free the planners to focus on higher-level work. She said she also wants the opportunity for the senior technician to work with her on some planned process improvements.
The fiscal impact of the technician, proposed to be recruited this fiscal year, but bringing the formal budget request with the fiscal year budget for next year, would give a head start on the recruitment.
Director Russell said what they are asking for is preliminary approval, with the assumption that this will be included in the budget year, so that they can find someone and get them started as early as possible in July. This was done for the Senior Planner last year, and it worked well for the Department, not having to wait until the fall. The estimate for the position is $70,000 to $80,000, plus benefits. The position could go to someone who is a professional technician wanting to switch locations, or it could be a recent college graduate or someone who would bring fresh energy and could be trained up in Planning and Building, as well as Engineering.
The summary of interim measures proposed for the current fiscal year was shared, totalling $80,000.
Director Russell pointed out that there will be salary savings from the Senior Planner of approximately $40,000 this fiscal year, but on the Safety Element and Housing Element they need to be careful not to double count the salary savings from the Senior Planner. She said when they come back to Council, she will provide a summary of all the different expenditures and initiatives and categories to get a fuller picture of it when talking about the Housing Element. She added that revenue analysis indicates that there are available funds at this time for these interim measures.
Director Russell said staff is seeking direction on the interim plan for this fiscal year request. If it is supported, it would be brought back as a formal budget amendment but would go forward with implementation immediately. The formal budget request would come to Council in a package of upcoming budget requests. They would also like Council consideration of the recruitment for the new technician so that they can start next fiscal year. They imagine continuing these discussions at a future Council study session or bringing them back to Council directly, depending on conditions. They want to make sure they are always reviewing the Department activity and staffing, because conditions are changing very rapidly and additional needs coming from the Housing Element Update process are anticipated.
Town Manager Dennis expressed appreciation for Director Russell’s excellent presentation and the work coming from the Planning and Building Department. He said it is part of a larger trend they have been undertaking for a few years, in which department heads are much more involved in development of their own budgets than in previous years. There will be a similar presentation from the Public Works Director in a future meeting. He emphasized Director Russel’s point that there will be a fairly large budget amendment package coming in early April to reflect a number of items the Council has requested changes to or that staff has pushed to make changes to.
Mayor Hughes invited questions of Planning and Building Director Russell or Town Manager Dennis from the Council.
8 Mayor Hughes asked if the amount is enough, considering the work that has been done and the shuffling going on. Looking at her analysis of revenue which reflects approximately twice as much work as expected in the budget, and an increase in the number of staff by around 50 percent, he said changing too much too quickly can be a problem with new people settling, but he wondered if one additional person was going to be enough to cover everything they need. His thought was in terms of the next budget year, starting in July. The second half of that year will be operating under the new Housing Element where they will theoretically be setting planning rules to encourage roughly two-and-a-half times the pace of housing development they are currently seeing. He understood the conclusion of her comments to signify recognition of this and a plan to add staff and see how it goes, adding more as needed along the way.
Director Russell responded in agreement that it is an ongoing conversation between the Department and the Council which they will be monitoring continuously. Right now, they need a technician to start as soon as possible in July. She will continue to analyze where things are and work with the Town Manager on the overall budget. More resources will be needed, but it will be a matter of figuring out which resources, in what form and how much will generate cost recovery. She said that is a challenging part of the analysis for her, and she spends a lot of time thinking about what will be reimbursable and what will be a General Fund expense. The items presented are what she considers to be the immediate needs of the Department. They will monitor, report back and assess ongoing needs.
Town Manager added that Planning and Building is interesting department because of the necessary moving parts. There is short term work and long-term work, and both require different kinds of staffing at different times. He said what Director Russell has developed is a fairly robust system that has a foundational basis with permanent staff and bringing in consultants as necessary and available. Currently finding quality people is a challenge. Some solutions can be consultant-based. The cultural aspects of what that means is always under consideration as well. He said one of the benefits they have had in the community is long-term staff that have stayed with the town and acquired an institutional knowledge that develops, which is hard to train. Bringing in a consultant planner to do certain tasks is not the way to go, but with other tasks, they are very well-suited. He said flexibility and ability to be nimble is an advantage that Director Russell made apparent in her presentation.
Mayor Hughes said the data behind the presentation is very helpful. He asked about a potential issue with new staff, especially when re-opening – where they will sit. Director Russell said they are fine for now. There are workspaces in her department that are still nicer than where most planners and technicians sit in San Mateo County. For now, they have room and will cross that bridge when they come to it. Town Manager added that Mr. Young has been working on potentially needing to add more staff and plans for the Town Hall called for some cubicles in a space near his office, and it is wired for that purpose.
He said the beauty of consultants and flexible work schedules is moving to a shared workspace environment and they will probably see more of that.
Mayor Hughes invited further questions from the Council. Hearing none, he invited comments from the public.
Karen Vahtra spoke in regard to wildfire, stating that the Town decided to slow down progress on wildfire preparedness. She stated that the ASCC can work on design guidelines immediately requiring little or no staff support time or use of a consultant planner. She said the design guidelines were to be completed in 2020 or early 2021 and have been delayed again until next fiscal year. She asked that it not be delayed again.
David Cardinal complimented Director Russell’s presentation. He said the more they can do to make the developers and applicants self-fund, the better. He thought there was an unwillingness to believe that what people ask for from the Town is not free. He said with the requests to do this or that for them, people need to understand that these are people who work for the town, who are paid by the residents, and those tasks aren’t just coming for free. He said they have a boutique government, which is great, but thought it might be helpful if they want these services, they should be willing to pay for it.
9 Mayor Hughes invited further public comments. Hearing none, he brought the item back to the Council for discussion.
Councilmember Richards said he is always impressed with Director Russell’s ability to parse out complicated moving targets with so many different parts and come up with a reasonable estimate of what is needed. He thought the proposal made sense and advocated moving ahead with it.
Vice Mayor Wernikoff was also appreciative of the detailed background and echoed Mayor Hughes’ questions, stating everyone wants to support the staff. Staff have been “drinking from a fire hose” lately, and she wanted them to have the resources they need. She said she trusts their judgment on how to go about it. Her advice was to err on the side of making sure and thinking about a broad vision of what the Department will need looking ahead, because she feels things will just get more difficult versus less difficult. She was very supportive of what was presented.
Councilmember Aalfs said, having gone through a Housing Element eight years ago and doing it again now, there has been exponential growth of mandates, regulation and legalese needed to get something like this done. He said a few months ago they were looking at Director Russell’s plan for all of the consultants she was working with, and he called it a “Magic Act,” the number of capabilities being brought in and used as needed. The work has not only gotten complicated and high in volume, but it also changes every few months. Most of the work Director Russell is doing now will go away when Housing Element is done, but it has become a very high-level management task, along with all of the details. He has been impressed over recent years with what Director Russell and staff have done. He felt the presentation and proposal looked great as long as they have what they need and think it is enough for the time being.
Councilmember Derwin said she had nothing more to add, except “yes,” and it was an incredible report, as usual. She didn’t know how the Planning Department does what they do, which in no way resembles the Planning Department from 2005 or 2006, when she came on board, without many more people. She voiced approval for everything Director Russell requested.
Mayor Hughes echoed all the previous comments and said since Director Russell has been onboard, the report and process of how to manage the Planning Department and its evolution and the steps it has taken are obvious. He said he was confident of Director Russell’s grasp of what the Department needs and where it is going. He said the statistical analysis presented is exactly the platform needed as they go into the new Housing Element cycle, to know whether or not they are doing what they need to be doing in keeping up with things and staying ahead of potential problems. He was very supportive of the proposal.
Town Manager Dennis thanked the Council for their leadership, advice, thought, support. He said as members of staff it is not easy to come forward and ask for help and resources. He said staff is appreciative of the environment created by Council where conversations are fruitful and supportive.
Vice Mayor Wernikoff moved to accept the accept the report and preliminarily approve additional budget resources for recruitment of a Development Review Technician. Seconded by Councilmember Aalfs, the motion passed (5-0), by roll call vote.
Planning and Building Director Russell expressed appreciation for the comments. (8) COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Councilmember Derwin reported on meetings she attended since the last meeting, starting with the Race and Equity Committee meeting the previous night, which included initial discussion about the Housing Element Committee. The Race and Equity Committee is very interested in the process. Andrew Pierce posed the question of where they would like to see the housing, which sparked a robust discussion. The Committee also has their own Housing Subcommittee. Judy Murphy is on that one and expressed that she had talked to someone who had recently moved to Portola Valley. Their suggestion was that it would have been interesting to have not only an ethnic breakdown, but an age breakdown within the ethnic
10 breakdown as a useful metric. The individual also said Town Manager Dennis had given her slides from the staff diversity training, and she was appreciative. Regarding the town seal project, they are very committed. Kim and Lucy have been working on it and talking about listening skills, dialogue and the kind of model they want to use. The next step is to go to the Town staff. They asked which groups in PV they should approach, such as book clubs, the Sequoias, Garden Club, Library committees, et cetera. One attendee at the meeting is pursuing Pioneer Days and has had a hard time getting into conversation with the School District about it. Councilmember Derwin commented that the profile of life during that time does not really take into account anyone but the white people. The conversation is to be continued.
Another attendee was also very engaged in the meeting and wanted to know if when they are in-person they could meet in the conference room. It was pointed out that when they do get to meet in person again it will likely be hybrid, and likely to be set up in the Schoolhouse.
Councilmember Derwin continued reporting on the Race and Equity Committee, stating that they are working on a year-round calendar of events and want to emphasize racial justice and not gender issues.
They discussed what is on the calendar thus far and how it could be integrated into the Town and whether Kari Chinn could help. They also talked about the mission of the committee. Many people gave their reasons for getting involved. [Mr. Clark] said he was on the corner and was interested in the fallen young black men – the race part of race and equity. Patt Baenen also came to the Committee from the corner and would like to see more diversity in Portola Valley, cultural and economic. She is very interested in being inclusive and wants Portola Valley to be known as a safe area in which to come and be welcomed. Judy Murphy spoke of her background when she was young, working for Fair Housing Act and how she had her pivotal moment with the George Floyd murder. She would like to see the Town more diverse and said it would make the town a more robust community. Andrew Pierce, with a career as an attorney in civil rights employment, having also worked on the Human Relations Commission in Palo Alto and Santa Clara County said his family is two-thirds black. Cole Kawaja would like to incorporate the schools, being a student at the Priory. He also would like Portola Valley to be more inclusive and said he is offering the younger point of view. Kim Marinucci came to the Committee through the corner. She thought going to the corner was silly but once she started, she had a complete change of mind. After the George Floyd murder, she woke up and decided that it was her job to work on this sort of racial justice.
She has an organizational development background and is interested in dialogue and how to talk about these things. She is still trying to figure it out. Attendee, Adnan , born in Mauritius, has lived in Pakistan, France and Vermont. He is an immigrant to the U.S., raising multi-racial children. His interest is in words and how they have power and how through them people can ask themselves, “What is belonging?” He is interested in the concept of belonging and the opportunity to make people feel that they belong.
Councilmember Derwin said for the third time she took part in the one-day homeless count. This happens every two years. She was deployed to Portola Valley, reporting at 5 a.m. at the Library. She was paired with Brian Greenburg, who works at Life Moves and is a psychologist who has worked with people with addiction issues as well as homelessness. Two other people in their car. One was a Chinese medical researcher who doesn’t have a driver’s license in this country. The other was a social worker from the County. They went through all the hills, above Portola Valley and Woodside. They went all around the town and looked in church parking lots. They went to the west part of Menlo Park by the shopping center, parking lots, churches and did not find any homeless people this time.
Councilmember Derwin said she attended several other meetings during the week before last. She mentioned Commute.org because it was the first time a Portola Valley resident has attended. She said they made a big deal about that. It was also the first time Menlo Park was attending. There was a presentation by Josh Becker about SB 917, which is seamless bill that is the bill enabling people to ride Cal Train or BART or the bus system, all with the same Clipper card. Councilmember Derwin said now that Menlo Park and Portola Valley have joined, everyone in the county is on this Board, except for Woodside, There was an agenda item about teacher and staff housing and transportation. Many cities are currently working with the school districts on teacher and staff housing. Most of the housing is located close to the schools. In the Jefferson Union High School District, the housing project is close to one school but not the other two, so one of the Board members – Mike O’Neill – was interested in whether Commute.org could help provide some vans for about 100 people going to five sites. This was discussed and supported, but it was uncertain whether that sort of short run would be funded. Their work plans for
11 the year were discussed. The shuttle program report was shared. Their office has returned to the office in hybrid mode, but they then had to go back home. They are currently hybrid with 50 percent in the office, 50 percent at home, but all are together on Thursdays. The next meeting may be in-person. There was a closed session about the compensation for the Executive Director.
Councilmember Derwin attended a C/CAG meeting, and an ASCC meeting, which didn’t not have a lot on the agenda. There was a Resource Management Climate Protection meeting that was packed. They are trying to get a draft residential “laundry-to-landscape” program going, which Councilmember Derwin thought would be great in Portola Valley.
Councilmember Richards was at the Race and Equity meeting, which Councilmember Derwin covered.
He was very impressed with the comment about “belonging,” which he sees as a significant way to look at the issues that many people deal with. He also attended the Emergency Preparedness Committee meeting. There were not a lot of new agenda items. There was some discussion about putting the evacuation study into the Emergency Preparedness Committee. They were going to talk about it, and it will probably be coming to the Council soon. He said the most significant topic was demonstration of the continued misunderstanding about the role of the Liaison in committees, which is something they need to pay attention to.
Councilmember Aalfs attended the Housing Element meeting with Vice Mayor Wernikoff. He assumed she had an update on the 4.5-hour meeting from the 22nd. He attended the 6.5-hour meeting from the 28 th
. Highlights included the second half of the discussion regarding the housing inventory, which was basically a discussion about rezoning and up-zoning. He said there was a robust public reaction ranging from curiosity and confusion to consternation and even hostility. He felt it was, on the whole, a good discussion. They needed to hear peoples’ voices, and he did not blame people for being upset and concerned. There were many comments, and in the end the Committee wanted to step back and look at other options so they talked about what else they might be able to do, and what alternatives exist. He thought the thing people, understandably, reacted most strongly to was up-zoning single-family residential properties. He felt the Committee pulled back and was asking staff to explore other options and develop a few alternatives to that, to mitigate or eliminate it. The rezoning must be done soon to get through CEQA analysis in time for submission to the state. They will be talking about the process on the 23rd. Obviously, the public comment was strong and, in some cases, strident. He thought the Committee handled this tough topic pretty well on the whole, although they were uncomfortable with it. He hoped they managed to move forward and made sure to exhaust all of their options for building the site inventory in a way that doesn’t get them too far offtrack in terms of the overall process.
Vice Mayor Wernikoff added that the summary of it was how to assure that they are exhausting all of the options. There was a baseline option that was reviewed and discussed to get to the 150 units. She agreed that the question was how to exhaust the other options. She said she had an interest in figuring out ways of having more dispersion versus just in the three areas that were on the map. There was strong and consistent support for maintaining the existing commercial businesses, both to have the local businesses and have local jobs. She thought another aspect of the meeting that was good is that she felt they made progress in terms of building awareness and educating more people about the complexities of this very difficult situation and the fact that they absolutely have to meet this, and they have to find the right way to do it for their community.
Vice Mayor Wernikoff attended a PVSD update. They wanted to make sure people are aware that they are offering tours of the new construction on the 23rd. The one for Ormondale is at 1:30, and the one for Corte Madera is at 3:00 on the same day. They indicated that the Ormondale project is on a timeline for opening in September, and the Corte Madera one in November. They discussed staffing needs, which seems to be a common theme in many disciplines. Their staffing needs are most acute in paraeducators and substitute teachers. They also indicated that they had been working with the Town evacuation subcommittee group and it sounded like there was a good meeting recently between PVSD, Priory and Windmill with the Department of Emergency Management, so good collaboration going on there.
12 Vice Mayor Wernikoff attended the Wildfire Preparedness Committee meeting, in which they had a good update from the evacuation subcommittee, updating the group about the three scenarios. She commented that the timeline will probably be June for completion of that. She offered a reminder for anyone with input, that there is a specific email address set up on the website for that, which can be found on the WPC page. The subcommittee members are managing that input.
Vice Mayor Wernikoff attended Safety Element in which Town Manager Dennis gave a status update on how the Safety Element is coming together and what the process will be going forward. The third item was goals and priorities for 2022, which fell into the buckets of vegetation management, home hardening, evacuation and finance/insurance. The fourth item was an update to the charter. She said that is not on the agenda for this meeting, so she assumed it will be on the next one, because they do have updates to their charter that passed, refocusing on mitigation, insurance and financing. Risk mitigation is the priority expressed in the charter. There was discussion about subcommittee restructuring, the potential of Evacuation either moving to EPC or to a different framework while the evacuation plan is finished, but more discussion is required.
Mayor Hughes had two BPTS meetings which failed to get a quorum for the second consecutive meeting.
He was not able to attend Parks and Recommendation, but there was some follow-up after that.
Apparently, there have been some major issues with Alpine Strikers and parking in the Zots parking lot for using Rissotti Field. He has been getting emails from various other folks on this. There seems to be a fairly substantial problem with field users being able to use the parking at Zotts to be able to use the fields which will need some follow-up. He said BPTSs has been looking at it for a while and Parks and Rec is working on it now as well.
Town Manager Dennis provided information on this topic, stating that the success of Alpine and Zotts was great for the community and also is contributing to parking challenges at Zotts, particularly at times when users of the field wish to come down. There has been a lot of conversation between Town, field users and Alpine Inn to try to come up with systems that work, including Alpine Inn spending some money to have folks to direct traffic. The Strikers had started to do that. They expect further conversations at the staff and committee levels. There is no easy solution, because anything done with parking will get pushed out into the streets, one way or another, even if a few spaces. He said he has found all parties to be agreeable to continued conversations which is important with something that can become contentious very quickly. He will have a conversation with the Alpine Strikers on Friday to learn more about what has happened. His last conversation with them about a month ago did not indicate that there were any new problems, so this was news to staff as well.
Mayor Hughes invited public comments.
David Cardinal felt the businesses residents frequent are an important part of the community and in the decades he has lived in the town, they have lost their drugstore, their post office, any number of other businesses, so in terms of the Housing Element he knows there is a tough situation, but he really hoped they do everything possible to keep the town a place to call a town, not just a bedroom community, and retain as many businesses as they can.
(9) TOWN MANAGER REPORT
Town Manager Dennis said the most important item he wanted to share was that they had planned an upcoming special meeting of the Council before the March 24th meeting – a community update on wildfire issues. A lot of planning and effort has gone into the meeting, but he said they are unfortunately going to have to postpone it, because both representatives of the Woodside Fire Protection District are unable to participate on that date. They will be working with them to find an appropriate date in the very near future.
Town Manager Dennis apologized that this has happened, as they were looking forward to hearing from the community.
Town Manager Dennis reported that there was a burglary over the weekend at the Sequoias in one of the unoccupied apartments. Someone broke in and stole some tools. There was also an incident that
13 occurred in Ladera related to a fairly brazen purse-snatching in the parking lot. He said the Sheriff’s Office will be gathering more information to put out, but he thought it was posted on the Forum.
He said the Town organized, on behalf of the Department of Emergency Management at the County meeting, with both Priory, Portola Valley School District and Windmill School to talk about evacuation planning efforts. It was a productive meeting, as mentioned by Vice Mayor Wernikoff. He appreciated the attention by partners in the community to provide information to DEM and help them get ready for potential emergencies. Particularly, the conversation is around issues of making sure parents know what the plan is. In an emergency if they are evacuating the community during a time when the schools are open, parents will want to go pick up their kids. He said each entity has a little different approach but making sure that information is out in the community is important. The Department of Emergency Management can help in terms of providing busses and vehicles, but they are trying to make it a little more robust than it is now.
Town Manager Dennis attended a committee meeting of the Mid-Peninsula Regional Open Space Board on the Hawthornes project. There was nothing new to report. They have a couple committees that are looking at it, and it was really just a status update from staff to that committee. He spoke at the meeting and expressed his thanks for the continued staff-to-staff interactions. They have been great about letting staff know what is happening. And iterated, some of the high-level points they would have concerns about particularly around parking issues and connectivity issues on the trails. He said he takes advantage, when he can, to repeat a message that all are familiar with. He had a nice conversation with representatives of the Housing and Community Development Department at the State, around primarily a new entity that they have around post disaster recovery. It is a new group who is thinking how they can interact with cities that have similar issues. He was hopeful that they could come to a future public meeting and present some of their work.
He had a good meeting with Senator Becker’s staff to talk about ongoing issues with recovering vehicle license fee funds. The Town Council and staff have provided letters to a number of state elected officials around the issue. Unfortunately, what they thought was a solution to the issue appears to have been rewritten in the budget language going through both committees right now. Senator Becker’s office followed up to see what they can do to help mitigate this. He said what it looks like the State is suggesting is the VLF monies get backfilled with existing ERAF monies, which does not help, so it would be a real impact to all the cities in San Mateo County, including Portola Valley.
WRITTEN COMMUNICATIONS
(10) Town Council Digest – February 24, 2022
(11) Town Council Digest – March 3, 2022
ADJOURN TO CLOSED SESSION [8:42 p.m.]
(12) Public Employee Performance Evaluation Government Code Section §54957(b)(1) Title – Town Manager
ADJOURNMENT [ 9:05 p.m.]
_____________________________ _________________________ Mayor Town Clerk
apachreg Town of Portola Valley ntanori 03/17/2022 14:35 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 2004 41 AT&T 272.01 03/23/222005 80 CALPERS 34,727.06 03/23/222006 113 CITY OF REDWOOD CITY 2,431.00 03/23/222007 124 COMCAST 261.03 03/23/222008 147 DAVID JAKOPIN 1,141.17 03/23/222009 203 GREEN HALO SYSTEMS 114.00 03/23/222010 204 GREGORY SAMPSON 1,791.86 03/23/222011 213 HILLYARD INC 407.80 03/23/222012 227 INTERSTATE TRAFFIC CNTRL 603.75 03/23/222013 243 JASON PRESSMAN 5,599.01 03/23/222014 269 KATHY WADDELL 1,152.00 03/23/222015 334 NOLTE ASSOCIATES INC 7,285.50 03/23/222016 367 PG&E 1,824.03 03/23/222017 403 RON RAMIES AUTOMOTIVE INC. 723.57 03/23/222018 411 SAN MATEO LAWNMOWER 204.05 03/23/222019 428 SHARP BUSINESS SYSTEMS 27.13 03/23/222020 437 SMALL BUSINESS BENEFIT PLAN TR 2,851.70 03/23/222021 447 STAPLES CREDIT PLAN 646.46 03/23/222022 595 ALPINE HILLS TENNIS & SWIMMING 81.66 03/23/222023 597 WILLOW GROVE LLC 3,338.57 03/23/222024 629 WILKINSON CONSTRUCTION 1,000.00 03/23/222025 636 PORTOLA VALLEY RD LLC 7,596.03 03/23/222026 690 CRUZ STRATEGIES 625.00 03/23/222027 697 CYNTHIA ROWE 1,296.00 03/23/222028 698 MIA DIGIOVANNI 1,296.00 03/23/222029 725 BROOKTROUT DESIGN 1,000.00 03/23/222030 730 URBAN PLANNING PARTNERS INC 21,880.01 03/23/222031 750 TERRY LEE 1,647.77 03/23/222032 801 DONE RIGHT HOME REMODELING INC 1,000.00 03/23/222033 802 HASAN RIZVI 3,769.00 03/23/22Check totals: 106,593.17ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 106,593.17
Check totals: 106,593.17
ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 106,593.17
.
apapdinv2 ntanori Town of Portola Valley Page 1
14:35 03/17/22 Paid Invoices by Date
From: 03/23/2022 to 03/23/2022
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 41 AT&T
03/23/22 2004 February Statement 272.01 43.44 000017866594 February Statement 185.13 000017866593February Statement 43.44 000017866592 Vendor: 80 CALPERS
2005 March Unfunded Liability 34,727.06 7,631.75 100000016726405 January Retirement-CLASSIC 18,342.54 100000016648491January Retirement-PEPRA 8,752.77 100000016648492 Vendor: 113 CITY OF REDWOOD CITY
2006 February IT Support 2,431.00 2,431.00 37001
Vendor: 124 COMCAST
2007 WIFI 03.16.22 - 04.15.22 261.03 261.03 7290-MAR22
Vendor: 147 DAVID JAKOPIN
2008 Deposit Refund, 126 Brookside Dr 1,141.17 1,141.17 BLDR0093-2019 Vendor: 203 GREEN HALO SYSTEMS
2009 March Hosting/Access 114.00 114.00 3535
Vendor: 204 GREGORY SAMPSON
2010 Deposit Refund, 120 Bear Gulch 1,791.86 1,791.86 BLDR0080-2019-2 Vendor: 213 HILLYARD INC
2011 Janitorial Supplies 407.80 333.71 604659951
Janitorial Supplies 74.09 604666358
Vendor: 227 INTERSTATE TRAFFIC CNTRL
2012 Street Signs/Fire Mitigation Signs 603.75 603.75 249351 Vendor: 243 JASON PRESSMAN
2013 Deposit Refund, 127 Ash Lane 5,599.01 5,599.01 BLDR0072-2020 Vendor: 269 KATHY WADDELL
2014 Winter 2022 Classes 1,152.00 1,152.00 WINTER-2022
Vendor: 334 NOLTE ASSOCIATES INC
2015 January Applicant Charges 7,285.50 7,285.50 JAN_2022 Vendor: 367 PG&E
2016 February Statements 1,824.03 1,824.03 FEB-2022
.
apapdinv2 ntanori Town of Portola Valley Page 2
14:35 03/17/22 Paid Invoices by Date
From: 03/23/2022 to 03/23/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 403 RON RAMIES AUTOMOTIVE INC.
2017 February Fuel Statement 723.57 723.57 G20220228-4
Vendor: 411 SAN MATEO LAWNMOWER
2018 Tool/Equipment Repair 204.05 204.05 218561
Vendor: 428 SHARP BUSINESS SYSTEMS
2019 February Copies 27.13 27.13 9003708970
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
2020 April Dental/Vision 2,851.70 2,851.70 APRIL-2022
Vendor: 447 STAPLES CREDIT PLAN
2021 February Statement 646.46 646.46 2814-FEB22
Vendor: 595 ALPINE HILLS TENNIS & SWIMMING
2022 Deposit Refund, 4139 Alpine Rd 81.66 81.66 BLDC0013-2017 Vendor: 597 WILLOW GROVE LLC
2023 Deposit Refund, 844 Portola 3,338.57 500.00 BLDC0012-2017-2 Deposit Refund, 844 Portola 500.00 BLDC0012-2017-3Deposit Refund, 844 Portola 2,338.57 BLDC0012-2017-4 Vendor: 629 WILKINSON CONSTRUCTION
2024 Deposit Refund, 55 Adair 1,000.00 1,000.00 BLDR0078-2020 Vendor: 636 PORTOLA VALLEY RD LLC
2025 Deposit Refund, 850 Portola 7,596.03 2,344.16 BLDR0052-2019-2 Deposit Refund, 850 Portola 2,754.02 BLDR0098-2020Deposit Refund, 848 Portola 2,497.85 BLDR0051-2019-2 Vendor: 690 CRUZ STRATEGIES
2026 Government Relations Consulting - March 625.00 625.00 2171 Vendor: 697 CYNTHIA ROWE
2027 Winter 2022 Classes 1,296.00 1,296.00 WINTER-2022
Vendor: 698 MIA DIGIOVANNI
2028 Winter 2022 Classes 1,296.00 1,296.00 WINTER-2022
Vendor: 725 BROOKTROUT DESIGN
2029 Schoolhouse AV System Peer Review 1,000.00 1,000.00 INV-000026 Vendor: 730 URBAN PLANNING PARTNERS INC
.
apapdinv2 ntanori Town of Portola Valley Page 3
14:35 03/17/22 Paid Invoices by Date
From: 03/23/2022 to 03/23/2022
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
03/23/22 2030 PV Safety Element Update - January 21,880.01 7,707.51 21031-220131 PV Housing Element Update - January 5,681.25 21029-220131PV Safety Element Update - December 2,841.25 21031-211231PV Housing Element Update - December 5,650.00 21029-211231 Vendor: 750 TERRY LEE
2031 Deposit Refund, 10 Ohlone 1,647.77 1,647.77 BLDR0124-2019-2 Vendor: 801 DONE RIGHT HOME REMODELING INC
2032 Deposit Refund, 116 Russell 1,000.00 1,000.00 BLDR0117-2021 Vendor: 802 HASAN RIZVI
2033 Deposit Refund, 55 Golden Oak 3,769.00 3,769.00 PERMIT_14978 Check Date Totals 106,593.17
Grand Total 106,593.17
TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
March 23, 2022
Claims totaling $106,593.17 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date _____________________________ ________________________________ Jeremy Dennis, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Sharon Hanlon, Town Clerk Mayor
PROCLAMATION
The Town of Portola Valley Celebrating April 2022 as
National Poetry Month
WHEREAS, the Academy of American Poets established the month of April as National Poetry Month in 1996; and
WHEREAS, National Poetry Month seeks to highlight the extraordinary legacy and ongoing achievement of American poets; introduce Americans to the pleasures and benefits of reading poetry; bring poets and poetry to the public in immediate and innovative ways; make poetry an important part of our children's education; and WHEREAS, as National Poetry Month, under the leadership and direction of the Academy of American Poets, is now the largest literary celebration in the world; and
WHEREAS, poetry enhances and enriches the lives of all Americans; and WHEREAS, poetry, as an essential part of the arts and humanities, affects every aspect of life in America today, including education, the economy, and community pride and development; and WHEREAS, poetry has produced some of the nation's leading creative artists and has inspired other artists in fields such as music, theatre, film, dance, and the visual arts; and Now, therefore be it resolved the Town of Portola Valley proclaims April 1 through April 30 as National Poetry Month. I call upon public officials, educators, librarians, and all the people of Portola Valley to observe this month, to celebrate the cultural riches our community has to offer, and to recognize the important role poetry in creating and sustaining this great nation with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of March, in the year 2022.
NOW, THEREFORE, the Town Council of the Town of Portola Valley, California hereby designates April 2022 as
National Poetry Month
___________________________
Craig Hughes, Mayor
March 23, 2022
TOWN OF PORTOLA VALLEY
STAFF REPORT
____________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Wildfire Preparedness Committee (“WPC”)
DATE: March 15, 2022
RE: Revised Committee Charter
RECOMMENDATION
Approve the amended Committee Charter as reflected in this memorandum.
BACKGROUND
On April 10, 2019, the Town Council created the WPC to address wildfire resiliency issues. At the time of its inception, the WPC was structured with the following three operating subcommittees: (i) Home Hardening/Insurance/Infrastructure Back-up; (ii) Resident Communications and Outreach/Evacuation Routes; and (iii) Vegetation Management/Defensible Space. Over the course of several years, the WPC has developed specific core competencies in areas supportive of its three subcommittees, and three rounds of recommendations have been provided to the Town Council by the WPC relative to the work of its respective subcommittees. As the WPC commences its third year, a renewed focus will be placed on its primary mission of addressing higher level risks, particularly related to mitigating the occurrence of wildfire and obtaining funds required to support these efforts. The revised charter supports the continued advancement of the WPC’s objectives.
DISCUSSION
The revised Committee Charter was reviewed and approved by the WPC at its regular meeting on March 1, 2022. Amendments contained therein were viewed as supportive to the WPC’s goals and priorities.
FISCAL IMPACT
There is no perceived fiscal impact associated with the recommendation of the WPC.
EXHIBIT A
REVISED COMMITTEE CHARTER
MISSION
Given the inherent risk of wildfire in the Town of Portola Valley and evolving character of wildfire related events due to climate change, the Wildfire Preparedness Committee ("WPC") shall advise the Town Council on ways to mitigate risks associated with wildfires.
DUTIES & FUNCTION
To provide the Town Council with recommendations regarding the following:
(1) Advise on the most effective and appropriate vegetation management practices to reduce wildfire danger;
(2) Suggest opportunities to harden structures from wildfires, and regulations for future construction; (3) Determine potential sources of funding to implement any risk mitigation programs adopted by the Town Council;
(4) Coordinate with the Emergency Preparedness Committee ("EPC") to ensure that residents understand what steps to take in the event of a wildfire emergency, which includes assisting the EPC with communications before, during and after such emergencies; (5) Advise on new or more effective ways to coordinate efforts between partner agencies, volunteer groups, and town committees; and
(6) Analyze additional options for improving wildfire preparedness as requested by the Town Council or resulting from research.
RESPONSIBLE TO
Town Council
COORDINATION
Staff Liaison – Town Manager and other assigned staff as needed
MEMBERSHIP
The membership of this Committee shall consist of nine (9) members appointed by the Mayor in concurrence with the Town Council as follows: (6) members shall be from the public at large, (1) member from the Town Council, (1) member from the EPC, and (1) member from Conservation Committee.
As deemed necessary by the WPC, a technical advisory committee made up of experts from Town partners, agencies, and issue-area specialists may be created to advance WPC goals and priorities.
SUBCOMMITTEE STRUCTURE
At its discretion, the WPC may establish any number of subcommittees as it deems necessary to execute its mission. Subcommittees may be only established or dissolved through a majority vote of WPC members who are in good standing.
MEETINGS
First Tuesday of every month at 4:00 pm.
REPORTS
The Committee will collaborate with their staff liaisons to determine how frequently it will make reports to the Town Council.
PARKS AND RECREATION COMMITTEE
CHARTER
OBJECTIVES:
To develop, promote and maintain quality recreational and community enrichment programs, recreational facilities and park areas in the Town of Portola Valley.
DUTIES AND FUNCTIONS:
1) Advise the Town Council as to park and recreational needs and suggest steps to be taken to fill these needs.
2) Review proposals that affect park and recreational activities and/or facilities. 3) Advocate for park and recreational issues and assist in providing information to Town residents.
4) Assist in advising the residents of Portola Valley as to recreational and enrichment programs available.
5) Keep well informed as to use and conditions of playing fields, parks and recreational facilities, as well as to the status of recreational programs. This shall be accomplished through quarterly communications with the Recreational Facilities Coordinator and Presidents of Athletic Leagues. 6) Encourage, coordinate and advise citizens and private organizations in establishing local recreational and community enrichment programs. 7) Draft and recommend a Parks and Recreation Budget that may be merged into the Town’s Annual Budget.
8) Recommend use policies concerning parks and recreational facilities (including fees, access, and rules pertaining to use).
9) Organize and run an annual fun run (historically: Zotts to Totts) RESPONSIBLE TO:
The Town Council
COORDINATION:
All Town Committees and Commissions
Town Staff
PV Schools
Presidents of Athletic Leagues and Recreational Clubs
MEMBERSHIP:
Up to thirteen members appointed by the Mayor with Council Concurrence. One-year terms. Rotating chair, vice chair and secretary selected by Committee.
MEETINGS:
Held on third Tuesday Thursday of each month at 7:30 p.m.
Adopted by the Town Council 09-25-13 / Revised 10-27-21 / Revised 12-08-21
1 Sharon Hanlon
From: [email protected] <[email protected]> Sent: Thursday, March 3, 2022 4:32 PM
To: Town Center <[email protected]>
Subject: Committee Application
A new entry to a form/survey has been submitted.
Form Name: Committee Application
Date & Time: 03/03/2022 4:31 PM
Response #: 155
Submitter ID: 6197
IP address:
Time to complete: 6 min. , 29 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(○) Emergency Preparedness
Applicant Information
Full Name Robert Younge
Email Address
Street Address Westridge Dr.
City/Zip PORTOLA VALLEY
Number of years in
Portola Valley
30 Cell Phone
Home Phone
Other Phone Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(○) Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I want to help my fellow residents in time of need. I have organized a neighborhood to help one another and to be prepared in case of an emergency. I am an amateur radio operator with an extra class license. I expect that I will be spending a significant % of my time in these efforts.
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
no
1 Sharon Hanlon
From: [email protected] <[email protected]> Sent: Monday, March 14, 2022 1:49 PM
To: Town Center <[email protected]>
Subject: Committee Application
A new entry to a form/survey has been submitted.
Form Name: Committee Application
Date & Time: 03/14/2022 1:48 PM
Response #: 156
Submitter ID: 6212
IP address:
Time to complete: 3 min. , 31 sec.
Survey Details
Name of committee which I am interested in serving on (please note that only committees currently seeking volunteers are listed):
(○) Race and Equity
Applicant Information
Full Name Adnan Iftekhar
Email Address
Street Address Los Charros Lane
City/Zip Portola Valley
Number of years in
Portola Valley
1 Cell Phone
Home Phone
Other Phone Not answered
Emergency Preparedness Not answered
Preferred Phone Contact Number
(○) Cell
Please state why you have an interest in this committee, and state any background or experience you may have that may be useful in your service to this committee.
I am an immigrant to this country and have experienced may forms of discrimination based on my name, religion and appearance. I feel strongly about taking care of people and respecting their sense of belonging. I have worked in schools and have helped create programs that build community and trust especially amongst the BIPOC population.
Do you have any personal or financial interest that could be perceived by others as a conflict of interest relative to your service on the committee? If so, please describe.
Not answered
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cara Silver, Town Attorney
DATE: March 23, 2022
RE: Adoption of Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely
RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolution Confirming the State of Emergency and Need to Continue Conducting Town Public Meetings Remotely.
BACKGROUND
On September 16, the Governor signed AB 361, amending the Ralph M. Brown Act (Brown Act) to allow legislative bodies to continue to meet virtually during the present public health emergency. AB 361 is an urgency bill which went into effect on October 1, 2021 and expires on January 1, 2024 (portions of the bill applying to the State legislature and school districts expire earlier). The bill extends the teleconference procedures authorized in Executive Order N-29-20 (which expired on September 30, 2021) during the current COVID-19 pandemic and allows future teleconference procedures under limited circumstances defined in the bill.
Effective October 1, 2021, cities must comply with AB 361 if they want to conduct entirely remote meetings.
AB 361 varies from Executive Order N-29-20 in several key areas, including:
· Scope: AB 361 applies to meetings during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. (“State of emergency” is defined as a state of emergency declared by the Governor under Government Code Section 8625.) It also applies to other states of emergency proclaimed by the Governor where holding in person meetings would “present imminent risks to the health or safety of attendees”. An example of this is an ongoing wildfire in the area. The legislative body must make an initial finding that meeting in person would "present an imminent risk to the health or safety of attendees".
· Requirements during meeting: AB 361 requires several procedural safeguards, such as giving the public ability to address the legislative body directly, providing information on how to address the body, providing either a call-in or internet-based service option, requirement to stop meeting if call-in or internet-based option fails, comments may not be required to be submitted in advance, and pre-registrations (except as required by call-in or internet platform) are prohibited.
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Resolution Confirming Need to Conduct Remote Public Meetings March 23, 2022
· Comment periods: Public members must be given a reasonable time to register to provide public comment and agencies that provide a timed public comment period shall not close the public comment period until that timed period has expired. · Renewal of emergency findings: If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the state of emergency 30 days after the first teleconference meeting and every 30 days thereafter.
DISCUSSION
Staff is planning on returning to in person meetings soon. However, some members of the Council, its commissions/committees, staff and the public may want to continue attending remotely. To accomplish this, staff has been working with a vendor to install equipment in the Schoolhouse to accommodate hybrid remote meetings. Until that service is installed, staff recommends that all public meetings continue to be remote.
SB 361 requires the Council to make a regular finding confirming the state of emergency and the need for continued remote hearings. Staff will therefore be agendizing this finding on every Council meeting agenda until a decision to transition to in person meetings has been made. Council will also be requested to make these findings on behalf of its commissions and committees as well, so there is a uniform policy on public meetings.
FISCAL IMPACT
There is no fiscal impact associated with continued remote meetings. There will be a cost associated with the new hybrid meeting platform and staff will be bringing forward a separate funding request for that contract.
ATTACHMENT
1. Resolution
1 RESOLUTION NO. ____
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA
VALLEY CONFIRMING EXISTING STATE EMERGENCY AND AUTHORIZING CONTINUED REMOTE PUBLIC MEETINGS UNDER AB 361
The Town Council of the Town of Portola Valley does RESOLVE as follows:
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency, as defined under the California Emergency Services Act, due to the COVID-19 pandemic and the State of Emergency remains in effect; WHEREAS, beginning in March 2020, the Governor’s Executive Order N-29-20 suspended Brown Act requirements related to teleconferencing during the COVID-19 pandemic provided that notice, accessibility, and other requirements were met, and the public was allowed to observe and address the legislative body at the meeting; WHEREAS, Executive Order N-08-21 extended the previous order until September 30, 2021;
WHEREAS, the Town Council and the Town’s boards, commissions, and committees have conducted their meetings virtually, as authorized by the Executive Order, since March 17, 2020;
WHEREAS, on September 16, 2021, the Governor signed into law AB 361, an urgency measure effective upon adoption, that provides flexibility to government bodies, allowing them to meet virtually without conforming to the Brown Act teleconferencing rules during a declared state of emergency if: (i) State or local officials have imposed or recommended measures to promote social distancing; (ii) the legislative body is meeting to determine whether, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees; or (iii) the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; WHEREAS, Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”) require certain employers to implement social distancing requirements in the work place during the current COVID-19 pandemic; the Santa Clara County Public Health Department currently requires face masks in combination with other safety precautions when activities occur in shared indoor spaces to mitigate the risk of COVID-19 transmission; effective February 16, 2021, the San Mateo County Public Health Officer will lift the face covering mandate for vaccinated individuals, but still require face coverings for unvaccinated individuals with a recommendation that even vaccinated people should wear a mask in indoor public settings as well as crowded settings is still a good idea and something we strongly recommended to be worn; and effective February 14, 2022, the Town Manager issued updated work place guidelines imposing safety protocols on persons attending Town Hall facilities;
2 WHEREAS, in the last few months, while hospitalizations and severe illnesses have gone down, new COVID-19 variants have emerged and continued to impact the County’s hospital capacity;
WHEREAS, these variants are believed by medical experts to be even more contagious as previous variants, and data has shown the variant has increased transmissibility even among some vaccinated people;
WHEREAS, due to uncertainty and concerns about the continuing presence of COVID-19 variants, many workplaces that had announced a return to regular in-person operations have pushed back the full return date until later in the year or next year; WHEREAS, virtual meetings have not diminished the public’s ability to observe and participate and have expanded opportunities to do so for some communities; and WHEREAS, given the heightened risks of the predominant variant of COVID-19 in the community, holding meetings with all members of the legislative body, staff, and the public in attendance in person in a shared indoor meeting space would pose an unnecessary and immediate risk to the attendees.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:
1. The Town Council adopts the recitals set forth above as findings of fact.
2. The Town Council hereby determines that, as a result of the emergency, meeting in person presents imminent risks to the health or safety of attendees.
3. In accordance with AB 361, based on the findings and determinations herein, meetings of the Town Council and Town commissions and committees will be held virtually, with Brown Act teleconferencing rules suspended.
4. This resolution shall be effective upon adoption and remain in effect so long as the Council confirms the continuing state of emergency and need for remote meetings as required under AB 361.
PASSED AND ADOPTED this 23rd day of March 2022.
By: _________________________
Craig Hughes, Mayor
ATTEST:
____________________________
Sharon Hanlon, Town Clerk
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Jeremy Dennis, Town Manager
Melvin E. Gaines, Assistant Town Manager
DATE: March 23, 2022
RE: FY 2022-23 Council Priorities Adoption
RECOMMENDATION
Staff recommends that the Town Council adopt Priorities for FY 2022-23.
BACKGROUND
On an annual basis, the Town Council has adopted “Council Priorities” that are used to develop the annual budget. Council Priorities set the foundation for the Council’s major initiatives in the upcoming fiscal year, are the basis for major projects to support the initiatives, and are a tool that residents can use to understand the Council’s focus and track progress on meeting those goals.
On January 26, 2022, the Town Council held a workshop with the Town’s Commissions and Committees, to hear their recommended projects and initiatives for the coming fiscal year.
The Council discussed FY 2022-23 Council Priorities at two study sessions: Study Session One on February 9, and Study Session Two on March 9, 2022. At the March 9 study session, the Council directed staff to make minor edits to the proposed FY 2022-23 Council Priorities for adoption on March 23, 2022. This report documents the Council directed modifications. The updated Town of Portola Valley Council Priorities for FY 2022-23 Council Priorities are shown Attachment 1.
DISCUSSION
Councilmembers directed staff to make the following changes to the March 9 proposed Town of Portola Valley Council Priorities for FY 2022-23:
• Council direction: under the Wildfire/Emergency Preparedness priority, remove duplication of fire code update projects.
o Action: in the third bullet point, staff deleted “including the review and adoption of the Fire Code updates…” and left the independent bullet point “Adoption of Fire Code Updates”
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
FY 2022-23 Council Priorities Adoption Page 2
• Council direction: under the Wildfire/Emergency Preparedness priority, highlight that the Woodside Fire Protection District is developing updated fire maps and the Town will review those maps.
o Action: added a project to “Review Woodside Fire Protection District’s updated fire maps.
• Council direction: under the Sustainability priority, specify that adoption of Sustainability Committee recommendations include drought preparedness. o Action: Staff updated the language to “Adoption of Sustainability Committee recommendations including preparing for Drought”
• Council direction: under the Diversity Equity and Inclusion priority, edit the language to: “Following the creation of a new committee to address Race and Equity issues, the Town Council continues its commitment to consider diversity, equity and inclusion (DEI) when developing ordinances, policies, programs and projects”. o Action: staff updated the language as specified above. • Council direction: under the Operational and Service Delivery Enhancements priority, emphasize implementation of project management principles as opposed to project adoption of project management tools.
o Action: added a project to “examine Town project management approaches, identify and implement actions to better communicate project updates to Town council and the public”
o Action: indented the sub bullets under “Implementing technological and software improvements… This includes:”
• Council direction: under the Operational and Service Delivery Enhancements priority, modify the language related to “Explore options to better serve and utilize Town committees and their operations” to make it more precise. o Action: edited to Refine operational processes between Town committees, staff, and the Council. Review, update and revise the Commission and Committee Policy and Procedures Handbook as needed.
FISCAL IMPACT
There is no fiscal impact associated with adopting the Town of Portola Valley Council Priorities for FY 2022-23. There will be substantial resource allocations made because of the completion of the Council Priorities.
ATTACHMENT
1. Town of Portola Valley Council Priorities for FY 2022-23
Wildfire/Emergency
Preparedness
Operational
and Service
Delivery
Enhancements
Sustainability
Land Use Projects
and Programs
Diversity, Equity,
and Inclusion
Town of Portola Valley
Council Priorities
FY 2022-2023
The Town of Portola Valley’s Council Priorities were created through careful deliberation of the Town Council with input from the Community, Town Committees, and staff. The five strategic priorities help establish the top projects and guide the Town based on a shared vision for the Fiscal Year 2022-23.
ATTACHMENT #1
Stanford Wedge and other major projects
Housing Element Update
Design Guideline changes to support home hardening ordinance Provide support to Sustainability and Trails Committees to develop ADU checklists
Preparation work to support zoning code modernization efforts for FY 2023-24
Land Use Projects and Programs
A significant amount of the Town’s resources are utilized to support day-to-day planning, building and engineering efforts. These resources support all manner of development, from small changes to a single-family property to larger multifamily proposals.
Recognition of these efforts, including large land-use proposals, updates to the Town’s Housing Element, and other important work, though this priority demonstrates an important focus to quality and timely service delivery.
Implementation of new/expanded Wildfire Preparedness
Committee recommendations, including exploration of a
permanent funding source for wildfire adaptation/mitigation measures including public and private vegetation management Completion and implementation of the State mandated Safety Element
Implementation of expanded home hardening and defensible space code updates, in conjunction with Woodside Fire
Protection District efforts
Review Woodside Fire Protection District’s updated fire maps.
Support of the resource grant from Community Partners
Assistance for Wildfire (CPAW), including the potential for a Woodside Fire Protection District-wide Community Wildfire Protection Plan
Additional planning efforts, including detailed wildfire behavior modeling (either at the Town or Fire District level)
Implementation of and potential follow up work for the
evacuation study
Launching the Veoci virtual emergency operations center tool, and providing infrastructure support for WPV-Ready, as guided by the Emergency Preparedness Committee
Expanded vegetation management for wildfire mitigation, including targeted trees and the Town’s open space properties Adoption of Fire Code Updates
Further exploration of undergrounding Town utilities
Wildfire/Emergency Preparedness
The Town’s location in a wildfire-prone region, and the broadening impacts of climate change result in the potential of a devastating wildfire in Portola Valley. The Town’s continued prioritization of wildfire adaptation and mitigation efforts will continue into FY 2022- 23 and beyond.
Recruiting, hiring, and onboarding staff in Planning and Building and Public Works departments
Supporting Town Council public engagement enhancement
efforts
Refine operational processes between Town committees, staff, and the Council. Review, update and revise the Commission and Committee Policy and Procedures Handbook as needed.
Adjusting service delivery and implementing COVID responsive operations as necessary
Contracting with and managing necessary consultants to assist with major projects and reduce staff administrative
responsibilities in order to focus on core service deliveries Use of virtual assistant tools (in beta test at the time of this staff report’s publication) to focus limited staff resources on core responsibilities
Examine Town project management approaches, identify and implement actions to better communicate project updates to Town council and the public
Implementing technological and software improvements to increase staff productivity and provide enhanced
communications and greater transparency. This includes:
Operational and Service Delivery
Enhancements
The Town Council has committed significant resources over the last few years to expand on the high-quality public service expected by applicants. This priority focuses on a variety of improvements across the organization to build on successful communications efforts, increased project management, and focus on appropriate staffing to support these services.
Climate action plan
Microgrid for Town Center Campus
Solar Panel upgrade for Town Center
Adoption of Green Building Ordinance
Adoption of Sustainability Committee recommendations
including preparing for drought
Sustainability
The Town is a leader in sustainability efforts. Additional efforts are under consideration to continue the Town’s leadership role to ensure that sustainability is always central to the Town’s ethos and high-level project efforts.
Diversity, Equity, and Inclusion
Following the creation of a new committee to address race and equity issues, the Town Council continues its commitment to consider diversity, equity, and inclusion (DEI) when developing ordinances, policies, programs and projects
Implementation of the new cloud-based Energov permit
tracking software.
Adoption of project management tools
Launching Veoci virtual emergency operations center tool Website review and reorganization
Determining the appropriate service model and transitioning IT services from City of Redwood City.
Facility Maintenance – Develop a comprehensive multi-year facility maintenance program.
I
I
I
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
II
I
I
•
•
•
•
•
•
•
•
•
•
•
•
•
I
•
•
•
•
•
•
#11
There are no written materials for Update from Town Lobbyist
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Brandi de Garmeaux, Part Time Assistant to the Town Manager Cara Silver, Town Attorney
DATE: March 23, 2022
RE: First Reading of Ordinance Repealing Old Chapter 8.08 of the Portola Valley Municipal Code and Adding New Chapter 8.08 [Refuse Disposal and Collection and Mandatory Organic Waste Disposal Reduction] to Implement SB 1383
RECOMMENDATION
Staff recommends that the Town Council introduce and Waive the First Reading of the attached Ordinance Repealing Old Chapter 8.08 of the Portola Valley Municipal Code and adding new Chapter 8.08 [Refuse Disposal and Collection and Mandatory Organic Waste Disposal Reduction] to implement SB 1383.
BACKGROUND
At the Council meeting on October 27, 2021, staff introduced the provisions of SB 1383 (Lara, Chapter 395, Statutes of 2016), which establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. As it pertains to solid waste, SB 1383 established targets to achieve 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75% reduction by 2025. It also established an additional target of recovering not less than 20% of edible food that was currently being disposed for human consumption by 2025.
At the October 27th meeting, Council took the following actions:
1. Adopted a Resolution authorizing the Town Manager to enter into an MOU with the County to Establish an Edible Food Recovery Program
2. Adopted an updated Environmentally Preferable Purchasing & Practices Policy (EPPPP) to comply with SB 1383
3. Directed staff to file a waiver of certain aspects of the Mandatory Organic Waste Collection requirements relating to SB 1383
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Ordinance Chapter 8.08 March 23, 2022
4. Directed staff to return with an ordinance implementing the remaining requirements of SB 1383.
At the October 27th meeting, staff mentioned that the State has not yet provided any funding to support the implementation of these new programs. In January 2022, CalRecycle released a one-time grant program to provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The Town is eligible to receive $20,000 in grant funds and has applied to use the grant funds to implement the three eligible projects outlined below.
SB 1383 Local Assistance Grant Program
1. Recordkeeping
A portion of the grant funding will be used for a subscription to the Recyclist Program Tracker (Program Tracker), a cloud-based software program. The software will enable required data tracking, including internal recycled paper and recovered organic waste product (ROWP) procurement and compliance requirements for individual generators (including for AB 341 and 1826). In addition, the Program Tracker will conglomerate required records from San Mateo County on the Edible Food Recovery program and GreenWaste Recovery, Inc. (GreenWaste) on generators. The Program Tracker fulfills all the SB 1383 jurisdictional implementation recordkeeping requirements and will automatically generate mandated reports for SB 1383 as well as the CalRecycle Electronic Annual Report.
2. San Mateo County Resource Conservation District Compost Broker Project The Town is participating in this ROWP procurement project, which is a collaboration between every city and town within San Mateo County, the County, and the San Mateo Resource Conservation District (RCD) to help meet our SB 1383 ROWP procurement target. The County will contract with the RCD to procure compost and apply it to farm and rangeland in San Mateo County, to identify and develop additional partnership opportunities with the county’s agricultural communities to support long-term SB 1383 compliance, and to assess innovative compost procurement and application funding strategies to build capacity over the long-term.
3. Compost Quality Improvement Public Education Campaign Led by the County The Town is participating in this project will assemble a cross-jurisdictional task force, analyze the current compost collection education efforts of all the jurisdictions and waste haulers within the county, conduct focus/stakeholder (residential and commercial) interviews, and propose and pilot a common education and outreach plan for the entire county. This will help the Town meet the Outreach and Education requirements under SB 1383 as well improve our compost feedstock.
CalRecycle Waiver
Staff filed a low-population waiver with CalRecycle on November 9, 2021 and received confirmation that a five-year wavier was approved on December 28, 2021. The waiver exempts the Town from the Mandatory Organic Waste Collection regulations included in SB 1383, which require all local jurisdictions to provide organic waste collection services, including food scraps, to all residents and businesses. Additionally, waste containers
Ordinance Chapter 8.08 March 23, 2022
used for both curbside programs and indoor waste collection stations must follow a prescribed color scheme of grey/black for trash, green for organic waste, and blue for traditional recyclables. These containers are also subject to labeling and contamination monitoring requirements.
As mentioned at the October 27th Council Meeting, the Town’s Franchise Agreement with GreenWaste provides all residents and businesses within the Town a base level of curbside service with separate containers for recyclable materials and “mixed compostable” materials (which includes food scraps). For fully accessible areas, the Franchise Agreement offers a third bin for separate collection of yard trimmings to further segregate this organic waste and ensure the highest use product. The Franchise Agreement also standardized the colors and labeling of curbside carts and bins; however, under the SB 1383 Organic Waste Collection requirements businesses are also required to ensure indoor waste collection stations follow the color scheme and labeling.
Jurisdictions that receive a CalRecycle-issued waiver are still required to contribute to the state’s organic waste recovery targets by implementing and complying with all other sections of the regulations.
SB 1383 Ordinance
Staff requested specific guidance from CalRecycle on what provisions of the Ordinance the Town would not need to enforce during the waiver period. On January 13, 2022, the Town received vague guidance from CalRecycle that as a “jurisdiction” the Town is subject to 1383 and the regulations require the Town to have an enforceable mechanism in place; however, with our waiver, the Town is not required to enforce some of the requirements and some of the requirements will not be enforced upon the Town. This gives flexibility during the waiver period, but once the waiver expires the Town will need to be prepared to be in full compliance with the SB 1383.
Summary of Other Provisions in SB 1383
A description of the six main mandates of SB 1383 is included in the Staff Report from the October 27th Council Meeting (Attachment 2). Below is an update on the status of each provision and who will be responsible for managing it. With the waiver in place, the most significant impacts to the Town will be the Recovered Organic Waste Procurement and recordkeeping/reporting requirements.
1. Mandatory Organic Waste Collection Services
The Town is exempt from most of these provisions under the five-year waiver from CalRecycle. Staff has outlined provisions for the Council to consider in the Discussion section below.
2. Edible Food Recovery Program
Under the MOU approved by the Council, the County will operate all aspects of the Edible food recovery program on behalf of the Town as well as all the other cities in the County.
3. Capacity Planning
The Town’s Franchise Agreement with GreenWaste includes the assurance that the Town’s diverted organic material will be delivered to a permitted organic waste processing
Ordinance Chapter 8.08 March 23, 2022
facility; however, according to CalRecycle, these entities have not yet been permitted for SB 1383. Capacity planning for food recovery will happen at the County level as part of the County’s edible food recovery program.
4. Education and Outreach
The Town is likely exempt from the mandatory Organic Waste Collection education and outreach requirements due to the waiver, but will need to make progress to be in full compliance when the waiver expires. Jurisdictions must also educate commercial edible food generators on their edible food donation requirements and available edible food recovery organizations, which the County will handle as part of their program. The Town continues to work with its partners – the County of San Mateo, GreenWaste, and CalRecycle to provide any needed and/or required education and outreach.
5. Recovered Organic Waste Product Procurement
Beginning January 1, 2022, jurisdictions must procure recycled content paper products in addition to an annual quantity of recovered organic waste products (ROWP) based on the Town’s population. The annual procurement target is assigned by CalRecycle and can be fulfilled by procuring any combination of the following waste products: compost, mulch, renewable energy (transportation fuel, heat, and electricity) from anaerobic digestion and electricity from biomass conversation. As outlined above, the Town is participating in a County-wide compost broker project to meet some of the requirements for purchasing ROWP. The Town will continue to seek other avenues to meet CalRecycle’s target; however, participating in the County-wide effort will demonstrate to CalRecycle the Town is working toward meeting target. At the October 27th Council Meeting, Council approved the update to the Town’s EPPPP, which will enable the Town to meet the recycled content paper products mandate.
6. Inspection and Enforcement
SB 1383 requires local jurisdictions to monitor for compliance and conduct enforcement.
Staff has been consulting with CalRecycle to fully understand the requirements of SB 1383 considering the wavier. At the minimum, inspections are required of Tier One commercial edible food generators and food recovery organizations and this task will be performed by the County.
In addition to the specific provisions above, SB 1383 regulations require the adoption and enforcement of various ordinances, such as Construction & Demolition, compliance with CalGreen and Model Water Efficient Landscaping requirements. The Town Attorney also brought forward and the Town Council adopted an Administrative Citation Ordinance to put in place the required mechanism for penalties as well as to assist in the uniform enforcement of all Town ordinances.
DISCUSSION
Staff and the Town Attorney have reviewed the Ordinance extensively, both to understand where our compliance is required and where there are opportunities for waste diversion.
Staff and the Town Attorney have also met multiple times with CalRecycle, GreenWaste Recovery, Inc., the County and our adjacent cities to better understand how to implement the Ordinance with our unique situation: the franchise negotiated in 2019 anticipated the
Ordinance Chapter 8.08 March 23, 2022
provisions of SB 1383, the way our waste is collected and processed by GreenWaste Recovery, Inc. and the low-population waiver the Town received from CalRecycle. Staff have also attempted to make the Ordinance as clear as possible, given the unique way our waste is collected with the three-container, two-container system.
The Town’s Franchise Agreement with GreenWaste provides all residents and businesses within the Town a base level of curbside service with separate containers for recyclable materials and “mixed compostable” materials (which includes food scraps). As mentioned above, a third bin is offered for yard trimmings. The Franchise Agreement also standardized the colors and labeling of curbside carts and bins. Because the 2019 Franchise Agreement anticipated so many of the provisions of the Ordinance, there are opportunities for the Council to consider that could make a significant impact on the Town’s waste diversion and gently prepare our staff, businesses and residents for full compliance with SB 1383 when the five-year waiver expires.
Staff has outlined these opportunities for the Council to consider below. The provisions of the Ordinance that are not discussed are excluded from the waiver and the Town is required to follow.
1) Mandatory Subscription to Service for Residential
a) Town shall have right to review number and size of containers to evaluate adequacy of capacity provided for proper separation of materials b) Applicability date: July 1, 2023
2) Mandatory Subscription to Service for all Commercial Businesses and Multi-Family Residential
a) Town shall have right to review the number and size of containers and frequency of collection to evaluate adequacy of capacity for proper separation of materials b) Commercial Businesses shall adjust their service level as requested by the Town. c) Applicability date:
i) Subscribe and right to review on July 1, 2023
ii) New bins/labeling into effect January 1, 2024; existing bins by 2036 per SB 1383
3) Mandatory Subscription to Yard Trimmings for Commercial Businesses and MultiFamily that generate more the four cubic yards of total solid waste per week a) Town shall have right to review the number and size of containers and frequency of collection to evaluate adequacy of capacity for proper separation of materials. b) Commercial Businesses shall adjust their service level as requested by the Town. c) Applicability date: July 1, 2023
4) Requirements for Exclusive Franchise Haulers and Permitted Haulers i) Report on and transport materials to a facility, operation, activity, or property that recovers Organic Waste as defined in SB 1383
ii) Comply with education, equipment, signage, container labeling/color, container contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement with the Town. b) Applicability date:
Ordinance Chapter 8.08 March 23, 2022
i) 8.08.070(a): July 1, 2023
ii) 8.08.070(b): Capacity Planning effective immediately as required by SB 1383 5) Requirements for Self-Haulers
a) Source separate materials and haul to a facility that recovers those materials; offer option to haul Organic Waste to a High Diversion Processing Facility i) Comply with recordkeeping and inspection requirements. ii) Self-Haulers that are Commercial Businesses must obtain a Permitted Hauler license with the Town.
b) Applicability date: July 1, 2023
6) Containers Permitted in Public Right-of-Way only on Day Preceding Collection and Day Following Collection
a) Applicability date: effective immediately
Mandatory Subscription to Waste Collection Service
Staff is recommending the Council consider adopting the requirement for mandatory subscription to waste collection service for Residential, Commercial Business and MultiFamily generators as of July 1, 2023, ahead of the waiver expiration. Staff is also recommending mandatory subscription to Yard Trimmings service for Commercial Business and Multi-Family generators that generate four cubic yards or more of total solid waste per week and mandatory subscription to Recyclable Materials service for all Commercial Business and Multi-Family generators regardless of total waste produced.
Note that while the Town has received a waiver from portions of SB 1383, the Town is still required to comply with existing bills AB 341 (Mandatory Commercial Recycling Ordinance) and AB 1826 (Mandatory Commercial Organics Recycling Ordinance).
1. Mandatory Subscription to Service for Residential
Staff has had extensive discussions with GreenWaste on the implementation of mandatory service for residential. On the one hand, it would assist GreenWaste with taming billing issues due to vacation holds, but on the other hand, GreenWaste doesn’t want to be in a position of incurring bad debt or becoming a regulatory entity because of a mandatory requirement to provide service. The Ordinance puts the onus on the “generator” to subscribe to service and the Town is responsible for enforcement. As far as the issue of incurring bad debt, the Town has the authority to apply a penalty for generators who do not subscribe. Staff believes these changes should address GreenWaste’s concerns without a need to modify the Franchise Agreement, but will continue to discuss with GreenWaste.
The initial analysis indicates that there are approximately 1,500 residential accounts, with 1019 of those accounts eligible for Yard Trimmings Service (418 accounts are in limited accessibility areas and/or have walk-on/drive-on service). Of those 1019 eligible accounts, 979 accounts have Yard Trimmings service, which is a 96% participation rate.
There are at least two pieces of information to glean from this preliminary analysis: (1) there is still opportunity for Yard Trimmings diversion; and (2) given that the Town has approximately 1,800 households there are likely residential accounts that would have a higher waste diversion if subscribed to the Town’s waste collection through GreenWaste.
Ordinance Chapter 8.08 March 23, 2022
Given both of these opportunities, and the need for future compliance, staff is recommending that this portion of the Ordinance go into effect on July 1, 2023 to provide time to fully understand the impacts, identify those accounts not subscribed, and allow GreenWaste time to purchase additional bins and adjust routes.
2. Mandatory Subscription to Yard Trimmings Service for Commercial Staff is recommending the Council adopt the requirement for mandatory subscription to Yard Trimming service for Commercial Business and Multi-Family generators to:
• More explicitly comply with AB 1826
• Ensure Yard Trimmings are recycled for their highest use purpose (Attachment 3) • Reduce the energy and resources needed to process Yard Trimmings versus Mixed Compostable Materials (Attachment 3)
• Save Commercial Businesses and Multi-Family generators money (Attachment 4) Comply with AB 1826
As of September 15, 2020, Commercial Business and Multi-Family that generate two cubic yards of solid waste per week are required to arrange for organic waste recycling services. However, the Town has automatically been in compliance with AB 1826 because of the way Mixed Compostable Materials are collected and processed. Because the Town is already in compliance with AB 1826, staff recommends that the AB 341 threshold of four cubic yards of generation of solid waste per week be used as the threshold for mandatory subscription to Yard Trimmings service; both for consistency as well as to make recordkeeping easier for staff as the Recyclist Program Tracker will identify those generators that must comply with AB 341 based on their service level.
Ensure Highest Use and Reduce Energy and Resources Needed to Process Materials Included as Attachment 3 is an excerpt from the Town’s Franchise Agreement with GreenWaste that outlines how Mixed Compostable Materials and Yard Trimmings are processed. You will see in the highlighted areas in “Final Screening” that Mixed Compostable Materials can only be sold as “landscape compost,” while Yard Trimmings can be sold as landscape compost or “organic compost.” Landscape compost can only be used on food crops that do not come into contact with the soil (e.g., vineyards), or nonfood applications such as lawns and freeway medians, whereas organic compost can be used in any application, including on organic food crops. You will also note in Attachment 3 how the process for turning Mixed Compostable Materials into compost is much more energy and resource intensive than for Yard Trimmings.
Save Commercial Businesses and Multi-Family Generators Money Included as Attachment 4 are the current Non-Residential Collection Rates. Yard Trimmings collection is half the cost of Mixed Compostable Materials Collection. This could potentially save a smaller unsubscribed generator ~$70/month and one of the larger unsubscribed generators ~$2,000 per month. Outlined below is another provision in the Ordinance that will allow for a waiver for businesses that lack space or do not produce enough yard trimmings to warrant a separate bin. Below in Table 1 you will see that there are currently 15 Commercial accounts that do not subscribe to Yard Trimmings service that could potentially benefit from the reduced cost.
Ordinance Chapter 8.08 March 23, 2022
TABLE 1
Subscribe to
Yard Trimmings
Don't Subscribe to
Yard Trimmings
Generate More than
4 Cubic Yards Waste/Week 3 15
Generate Less than
4 Cubic Yards Waste/Week 6 4
3. Mandatory Recyclable Materials Subscription for Commercial Business/MultiFamily Generators The mandatory subscription requirement to service for Commercial Business and MultiFamily generators inherently includes subscription for Recyclable Materials service due to the provisions within the Ordinance to Source Separate Organic Waste, but staff recommends that the requirement to subscribe to Recyclable Materials service for Commercial Business and Multi-Family generators be specifically called out so that the Ordinance is clear, as well as brings the Town explicitly compliant with AB 341. AB 341 requires mandatory recycling for Commercial Business and Multi-Family generators that generate four cubic yards or more of total solid waste per week. Out of the 28 Commercial Business and Multi-Family accounts with GreenWaste, only one business does not currently subscribe to Recyclable Materials Service.
Requirements for Haulers – Exclusive Franchised Hauler and Permitted Haulers Jurisdictions are required to adopt an ordinance or other enforceable mechanism for hauler regulation requirements specified in 14 CCR, Division 7, Chapter 12, Article 7.
Chapter 8.08.070 of the Ordinance provides language to document the hauler regulations. Jurisdictions that are exempt from the Organic Waste Collection requirements pursuant to a waiver granted by CalRecycle, and haulers and self-haulers operating or located within exempt areas of those Jurisdictions, are not required to comply with the SB 1383 Regulations for the duration of an exemption.
Chapter 8.08.070(a) addresses the specific regulatory requirements that Jurisdictions must enforce on haulers and other entities. While the Town is exempt from enforcing these regulations while under the waiver, for the Exclusive Franchised Hauler (i.e., GreenWaste Recovery, Inc.) the Franchise Agreement anticipated these requirements and therefore these regulations are just reiterating what already exists within that agreement. For other haulers, Chapter 8.08.070 would require them to obtain approval from the Town to be a “Permitted Hauler,” which ensures both that the Town is in compliance with the exclusivity in the Franchise Agreement as well as SB 1383 requirements when the waiver expires. It will also allow the Town to understand where Organic Waste (i.e., Manure and/or Yard Trimmings via Construction & Demolition) is going outside of the Franchise Agreement and if it is being processed for the highest use purpose.
Ordinance Chapter 8.08 March 23, 2022
The requirements in Chapter 8.08.070(a) include:
• Identifying facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostable Materials
• Transporting Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2
• Complying 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 Jurisdiction.
Staff is recommending that 8.08.070(a) go into effect on July 1, 2023 to give the Town and haulers time to set up processes and reach full compliance in advance of the waiver expiration. Chapter 8.08.070(b) requires information be provided to the Jurisdiction on capacity planning around composting and because the waiver does not exempt the Town from those requirements, which would go into effect immediately.
Requirements for Self-Haulers
Chapter 8.08.080 outlines the requirement for “Self-Haulers.” While Self-Haulers are also exempt from the requirements under the waiver, staff is recommending that 8.08.08 begin July 1, 2023, as with the hauler regulations outlined above, to give the Town and SelfHaulers time to reach full compliance in advance of the expiration of the waiver. Under the Ordinance, Self-Haulers are required to source separate all Recyclable Materials and Organic Waste and 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.
Self-Haulers that are Commercial Businesses will be required become a “Permitted Hauler” with the Town to ensure that their operations do not conflict with the Town’s agreement with the Exclusive Franchised Hauler. Self-Haulers that are Commercial Businesses must 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 Jurisdiction. In addition, staff is recommending the inclusion of the business license requirement in 8.08.080(a), which is already required in the municipal code but making it explicit here will assist the Town in reaching more Self-Haulers for both waste diversion and program outreach (e.g., manure diversion) in the short-term and compliance in the long-term.
Garbage Regulations and Bin Location Requirement
The Town Attorney has updated the old garbage regulations in Chapter 8.08 and included them within the Ordinance as Chapter 8.08.120. The old regulations were from 1964 and needed to be updated to be consistent with terminology and nomenclature used in the
Ordinance Chapter 8.08 March 23, 2022
Garbage Franchise Agreement and current practices. New regulations now allow for a variety of different ways to select the franchised hauler in compliance with State law. The regulations also clarify that the customer is responsible for paying collection fees and if those fees are not paid to the hauler, the Town can intervene to ensure the collector is made whole. This provision recognizes the unique relationship between the Town and the franchised hauler and that the community is better served when garbage and waste is taken away in a uniform and predictable manner. Also, various practices pertaining to refuse collection that currently reside in the franchise agreement have been moved into the Ordinance to better ensure these regulations will continue with any new hauler.
Examples include collection hours, service of bins and collection frequency. A new regulation also clarifies that garbage shall not be burned unless an appropriate permit is granted by Woodside Fire Protection District.
Finally, to address repeated resident complaints, section (d) to 8.08.120 - Refuse Containers-Location – has been added to clarify to when bins are allowed to be placed out for collection and assist with complaints and code enforcement surrounding this issue.
Section (d) requires that containers remain on private property and not in the public rightof-way except as necessary to accommodate scheduled collection. Containers will only be permitted in the public right-of-way during the day preceding the day of scheduled collection and terminating the day following such collection. And containers shall not be placed in a public right-of-way so as to constitute a nuisance.
Applicability Date
Most of the provisions of the attached ordinance go into effect thirty days after the second reading. However, Staff and the Town Attorney are recommending a delayed applicability date of July 1, 2023, for the provisions outlined above. Note that all these provisions, apart from Mandatory Yard Trimming Service for Commercial Businesses, will become mandatory per SB 1383 on the expiration of the waiver. As discussed, implementing them in advance of the waiver expiration will give staff and GreenWaste time to determine which generators are subject to the provisions, assist those generators with getting service and allow GreenWaste to purchase any necessary supplies or make route changes. In addition, this will allow staff time to implement the Recyclist Program Tracker for recordkeeping/reporting and put in place mechanisms to receive and issue waivers.
Council should weigh in on whether the delayed implementation is reasonable.
SUMMARY
SB 1383 is a significant piece of legislation that sets ambitious targets for Organic Waste reduction and leans heavily on local jurisdictions for implementation. While the Town has a waiver for the Mandatory Organic Waste provisions of the Ordinance and is in in compliance with several of the mandates in SB 1383 due to the way the waste is processed, CalRecycle has indicated that they are looking to Jurisdictions with waivers to be in full compliance at the time the waiver expires (January 1, 2027). The plan that staff and the Town Attorney have outlined above, along with partnering with other jurisdictions to use Recyclist for recordkeeping and reporting, will put the Town in a position to come into full compliance with Regulations by the time the waiver expires, while also giving businesses, residents and haulers plenty of time to comply.
Ordinance Chapter 8.08 March 23, 2022
FISCAL IMPACT
Staff and the Town Attorney time will be needed to fully implement the Ordinance, including the development and implementation of recordkeeping, compliance mechanisms and reporting. Staff is working to fully understand the time involved with these responsibilities but has allocated ~$2,500 of the $20,000 CalRecycle grant to help offset some of the administrative tasks associated with SB 1383.
Recyclist Program Tracker
The Recyclist Program Tracker has a one-time implementation cost of $1,666, an annual subscription to the software of $7,740, as well as annual data import that will cost approximately $1,200 per year. Staff budgeted $8,000 in the FY 2021-22 budget for software related to SB 1383 recordkeeping. In addition, $12,000 of the $20,000 CalRecycle grant has been allocated to this software, which will cover implementation and approximately one and a half years of the software agreement and data imports.
Education and Outreach
As mentioned above, the Town is partnering with the County on the Edible Food Recovery program for education and enforcement, so there is no fiscal impact associated with that program at this time. The Town is also participating in the Compost Quality Improvement Public Education Campaign and has allocated ~$2,500 of the $20,000 CalRecycle grant toward that program. There will be some staff time associated with education and outreach to generators on the provisions of the Ordinance as well as educating internal staff on compliance with the procurement provisions.
Recycled Paper and ROWP Procurement
The Town’s EPPPP requires purchasing 30 – 100% recycled paper products and has been in place for almost 15 years, so there should be little fiscal impact related to this mandate aside from staff time needed to research products and recordkeeping. The fiscal impact of the ROWP procurement requirement, however, is uncertain as CalRecycle and the entities under this mandate are still determining how to meet it. The Town has partnered with the County on the ROWP Broker Project mentioned above and has allocated ~$3,000 of the $20,000 CalRecycle grant toward meeting its target through that Project. Staff is actively working with CalRecycle and our partners to understand guidance, and in the interim, participating in the ROWP Broker Project shows effort from the Town to make progress.
Additional Town funds may be needed to meet the ROWP procurement targets and staff will introduce those with the FY 2022-23 budget once more research has been conducted.
ENVIRONMENTAL REVIEW
The requested actions are exempt under the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS
1. Ordinance Repealing Old Chapter 8.08 of the Portola Valley
2. October 27, 2021 Staff Report on SB 1383
3. Mixed Compostable Materials and Yard Trimmings Processing
4. Residential and Commercial Collection Rates
1 ORDINANCE NO. 2022-XXX
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PORTOLA VALLEY REPEALING OLD CHAPTER 8.08 [GARBAGE]
AND ADDING NEW CHAPTER 8.08 [REFUSE DISPOSAL AND COLLECTION AND MANDATORY ORGANIC WASTE DISPOSAL REDUCTION] TO TITLE 8 [HEALTH AND SAFETY] OF THE PORTOLA VALLEY MUNICIPAL CODE
WHEREAS, 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.
WHEREAS, 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 Multi-Family 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.
WHEREAS, 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.
WHEREAS, 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.
Attachment 1
2 WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
WHEREAS, Requirements in this ordinance are consistent with other adopted goals and policies of the Jurisdiction.
NOW, THEREFORE, the Town Council of the Town of Portola Valley, (the “Town”) does ORDAIN as follows:
SECTION 1. REPEAL OF CODE. Chapter 8.08 (Garbage) of Title 8 (Health and Safety) of the Portola Valley Municipal Code is hereby repealed.
SECTION 2. AMENDMENT OF CODE. Chapter 8.08 (Mandatory Organic Waste Disposal Reduction) of Title 8 (Health and Safety) of the Portola Valley Municipal Code is hereby amended to read as follows:
Chapter 8.08
Refuse Disposal and Collection and Mandatory
Organic Waste Disposal Reduction Ordinance
8.08.010. Definitions
8.08.020. Requirements for Single-Family
8.08.030. Requirements for Commercial Businesses
8.08.040. Waivers for Generators
8.08.050. Requirements for Tier one and Tier two Commercial Edible Food Generators
8.08.060. Requirements for Food Recovery Organizations and Services
8.08.070. Requirements for Haulers and Facility Operators
8.08.080. Self-Hauler Requirements
8.08.090. Compliance with CALGreen Recycling Requirements
8.08.100. Procurement Requirements for Jurisdiction Departments, Direct Service Providers, and Vendors
8.08.120. Garbage Regulations
8.08.130. Inspections and Investigations by Jurisdiction
8.08.140. Enforcement
3 8.08.010. DEFINITIONS
(1) “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, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). (2) “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste. (3) “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). (4) “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). (5) “Commercial Business” or “Commercial” means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a Multi-Family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Edible Food Recovery requirements contained in the Requirements for Tier One and Tier Two Commercial Edible Food Generators section of this Ordinance, including the selfhauling provisions. (6) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Ordinance. For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators.
(7) “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); or, as otherwise defined by 14 CCR Section 18982(a)(8). (8) “Compliance Review” means a review of records by a Jurisdiction to determine compliance with this ordinance.
(9) “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that
4 are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(10) “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(11) “Container Contamination” or “Contaminated Container” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(12) “C&D” means construction and demolition debris.
(13) “Designee for Edible Food Recovery” means the County of San Mateo’s Office of Sustainability with which the Town of Portola Valley has a Memorandum of Understanding for the purposes of Edible Food Recovery including, but not limited to, inspection, investigation, and enforcement of the Edible Food Recovery provisions of this Ordinance. Contact information for the Designee for Edible Food Recovery can be found on the County of San Mateo Office of Sustainability website.
(14) “Edible Food” means food intended for and fit for human consumption and collected or received from a Tier One or Tier Two Commercial Edible Food Generator. For the purposes of this Ordinance, “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (15) “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. (16) “Enforcement Action" means an action of the Jurisdiction to address noncompliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(17) “Excluded Waste” means hazardous material, 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 Jurisdiction 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 ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in 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 Jurisdiction, or its Designee, to potential liability; but not including de minimis volumes or
5 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, universal wastes and/or compact fluorescent bulbs when such materials are defined as allowable materials for collection through the Jurisdiction’s collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by Jurisdiction or its Designee for collection services.
(18) “Exclusive Franchised Hauler” also referred to as “hauler” means the person or entity with whom the Town has contracted to collect, receive, carry and/or transport solid waste and other waste streams in accordance with the provisions of Chapter
8.08.070.
(19) “Food Distributor” means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
(20) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(21) “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Tier One or Tier Two Commercial Edible Food Generators and distributes that Edible Food either directly or through other entities, including, but not limited to:
(a) A food bank as defined in Section 113783 of the Health and Safety Code; (b) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(c) 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 Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(22) “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Tier One or Tier Two Commercial Edible Food Generator to a Food Recovery Organization or other entities for Edible Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
6 (23) “Food Scraps” means kitchen and table food wastes; food soiled paper, animal or vegetable wastes resulting from storage, preparation, cooking, processing, or handling of food or food stuffs and is included in Mixed Compostable Materials. (24) “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. (25) “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons and is included in Mixed Compostable Materials.
(26) "Garbage" means putrescible wastes including kitchen and table food wastes; food soiled paper, animal or vegetable wastes resulting from storage, preparation, cooking, processing, or handling of food or food stuffs; non-putrescible wastes that are mixed in the same container with or are contaminated by putrescible wastes; infectious wastes, such as used tissues, which are normally produced at residential premises; small dead animals not exceeding ten (I0) pounds in weight; and any putrefactive or easily decomposable waste material which is likely to attract flies, vermin , birds or rodents. Garbage does not include Recyclable Materials, Yard Trimmings, Manure, or Hazardous Material. Garbage includes Food Scraps and Food-Soiled Paper and is included in Mixed Compostable Materials. (27) “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Mixed Compostable Materials.
(28) “Greenhouse gas (GHG)” means carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and other fluorinated greenhouse gases as defined in this section.
(29) “Greenhouse gas emission reduction” or “greenhouse gas reduction” means actions designed to achieve a calculated decrease in greenhouse gas emissions over time.
(30) “Green Container” has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste/Yard Trimmings.
(31) “Grocery Store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
7 (32) “Hauler Route” means the designated itinerary or sequence of stops for each segment of the Jurisdiction’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(33) “Hazardous Material” means any material or combination of materials which because of its quantity, concentration, or physical, chemical or infectious characteristics may either: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed. Hazardous Material include, but are not limited to, hazardous wastes as defined under California or United States law or any regulations promulgated pursuant to such law, as such law or regulations may from time to time be amended.
(34) “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 Compostable Materials 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); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(35) “Inspection” means a site visit where a Jurisdiction 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 ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35); For the purposes of Edible Food Recovery, “Inspection” means actions to review contracts and other records related to the recovery of Edible Food, and may occur off-site via email and other forms of electronic communication, as well as the on-site review of an entity’s records and collection, handling, and other procedures for the recovery of Edible Food to determine if the entity is complying with the requirements of this Ordinance. (36) Jurisdiction” means the Town of Portola Valley. Sometimes Jurisdiction is used interchangeably with “Town.”
(37) “Jurisdiction Enforcement Official” means the town manager or designee, enforcement official defined in the Town’s administrative penalty provision, county administrative official, chief operating officer, executive director, or other executive in charge or their authorized Designee(s) who is/are partially or whole responsible for enforcing the ordinance. See also “Regional or County Agency Enforcement Official”.
(38) “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
8 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. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Ordinance.
(39) “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 Ordinance and implementation of 14 CCR, Division 7, Chapter 12, 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 Ordinance and implementation of 14 CCR, Division 7, Chapter 12, 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. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance.
(40) “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 regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (41) “Manure” means stable matter (manure and other waste matter normally accumulated in stables or in livestock or poultry enclosures) and does not include Recyclable Materials, Yard Trimmings (unless manure is collected as Mixed Compostable Material), Garbage (unless manure collected as Mixed Compostable Material), or Hazardous Material.
(42) “Mixed Compostable Materials Organic Collection Stream” or “Mixed Compostable Materials” means
a) For three-container collection service (Blue Container, Green Container, and Gray Container) Mixed Compostable Materials means Garbage (including Food Scraps and Food-Soiled Paper), and/or Manure that is separated from Yard Trimmings.
b) For two-container collection service (Gray Container and Blue Container) Mixed Compostable Materials means Garbage (including Food Scraps and Food-Soiled Paper), Yard Trimmings and/or Manure. c) Mixed Compostable Materials do not include Recyclable Materials or Hazardous Material.
(43) “Mixed Waste Organic Collection Stream” or “Mixed Waste” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2 or
9 18984.3 to be taken to a High Diversion Organic Waste Processing Facility or as otherwise defined in 14 CCR Section 17402(a)(11.5). This also includes Mixed Compostable Materials as defined Town’s franchise agreement with the Exclusive Franchised Hauler.
(44) “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(45) “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
(46) “Non-Local Entity” means the following entities that are not subject to the Jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(a) Special district(s) located within the boundaries of the Jurisdiction, including but not limited to: Midpeninsula Regional Open Space District, San Mateo County Mosquito & Vector Control District, Sequoia Healthcare District, West Bay Sanitary District and Woodside Fire Protection District. (47) “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(48) “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 or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). (49) “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(50) “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (50) “Permitted Hauler” means a person or entity who has a license from the Town to collect, receive, carry and/or transport any waste stream in accordance with the provisions of this Chapter. Permitted haulers’ operations shall not conflict with the Town’s agreement with the Exclusive Franchised Hauler.
10 (51) “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, or as otherwise defined in 14 CCR Section 18982(a)(54).
(52) “Prohibited Container Contaminants” means
(a) For a three-container collection service (Blue Container, Green Container, and Gray Container): “Prohibited Container Contaminants” means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Jurisdiction’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the Jurisdiction’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in Jurisdiction’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. (b) For a two-container (Blue Container and Gray Container) collection service for Source Separated Recyclable Materials and Mixed Compostable Materials): “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 Jurisdiction’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 Jurisdiction’s Blue Container; and, (iii) Excluded Waste placed in any container.
(53) “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (54) “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (55) “Recyclable Materials” means those designated materials that have been Source Separated from other discards including Mixed Compostable Materials and/or Yard Trimmings. Recyclable Materials may be either a mixed stream of commingled Source Separated Recyclable Materials, or a stream consisting of a single type of acceptable Recyclable Materials (such as cardboard). Recyclable Materials includes small dry-cell batteries and compact fluorescent light bulbs in sealed (e.g., Ziploc®) plastic bags set out for collection as required. Recyclable Materials does not include Mixed Compostable Materials, Yard Trimmings, Manure, Excluded Waste or Hazardous Materials. Recyclable Materials are
11 outlined in Exhibit D of agreement with Exclusive Franchised Hauler and may change by mutual written agreement with Jurisdiction.
(56) “Recycled-Content Paper” means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(57) “Refuse” means any and all collected waste streams, including but not limited to Solid Waste, Garbage Recyclable Materials, Mixed Waste, Mixed Waste Compostable Materials and Yard Trimmings.
(58) “Regional Agency” means regional agency as defined in Public Resources Code Section 40181.
(59) “Regional or County Agency Enforcement Official” means a regional or county agency enforcement official, designated by the Jurisdiction with responsibility for enforcing the ordinance in conjunction or consultation with Jurisdiction Enforcement Official.
(60) “Remote Monitoring” means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. (61) “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, or as otherwise defined in 14 CCR Section 18982(a)(62).
(62) “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(63) “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, or as otherwise defined in 14 CCR Section 18982(a)(65).
(64) “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.
(65) “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste
12 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.
(66) “Self-hauler” means a person, who hauls Solid Waste, Organic Waste or Recyclable Materials he or she has generated to another person. Self-hauler also means a person who hauls waste from a residence or business to a transfer/processing facility, composter or other Organic Waste recovery activity.
Self-hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). For the purposes of Edible Food Recovery, “SelfHauler” means a Commercial Edible Food Generator which holds a contract with and hauls Edible Food to a Food Recovery Organization or other site for redistribution according to the requirements of this Ordinance. Self-Haulers that are Commercial Businesses will be required to obtain a “Permitted Hauler” license from the Town to ensure that their operations do not conflict with the Town’s agreement with the Exclusive Franchised Hauler.
(67) “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
(68) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible 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:
(a) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(b) 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).
(c) 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.
(69) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the
13 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 ordinance, 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 Gray Container waste/Mixed Compostable Materials or other Solid Waste for the purposes of collection and processing as required for a three-container or two-container collection service. (70) “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). (71) “Source Separated Green Container Organic Waste” means Source Separated Yard Trimmings that can be placed in a Green Container that is specifically intended for the separate collection of Yard Trimmings by the generator, excluding Source Separated Blue Container Organic Waste, Mixed Compostable Materials, Recyclable Materials, Excluded Waste and Hazardous Waste. (72) "Source Separated Recyclable Materials" means any material designated to be separated from the waste stream as Recyclable Materials and and Source Separated Blue Container Organic Waste
(73) “Source Separated Yard Trimmings” means any material designated to be separated from the waste stream for purposes of Yard Trimmings composting. (74) “State” means the State of California.
(75) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(76) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(a) Supermarket.
(b) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(c) Food Service Provider.
(d) Food Distributor.
14 (e) Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Ordinance.
(77) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(b) Hotel with an on-site Food Facility and 200 or more rooms. (c) Health facility with an on-site Food Facility and 100 or more beds. (d) Large Venue.
(e) Large Event.
(f) 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.
(g) A Local Education Agency facility with an on-site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Ordinance.
(78) “Town” means the Town of Portola Valley. Town is used interchangeably with “Jurisdiction.”
(79) “Uncontainerized Green Waste and Yard Waste Collection Service” or “Uncontainerized Service” means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator’s house or place of business for collection and transport to a facility that recovers Source Separated Organic Waste, or as otherwise defined in 14 CCR Section 189852(a)(75).
(80) “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, or as otherwise defined in 14 CCR Section 189852(a)(76).
(81) “Yard Trimmings” means tree trimmings, including branches, that are less than six (6) inches in diameter less than two (2) feet in length, shrubbery prunings, vegetative garden wastes, dead plants, weeds, leaves, grass clippings and other
15 vegetative matter. Yard Trimmings also means Christmas trees that are cut to lengths of not more than 5-feet, and which are free of plastics or other contaminants. Yard Trimmings does not include Recyclable Materials, Garbage, Mixed Compostables, Manure, Excluded Waste and Hazardous Materials. Yard Trimmings are outlined in Exhibit D of agreement with Exclusive Franchised Hauler and may change by mutual written agreement with Jurisdiction.
8.08.020. REQUIREMENTS FOR SINGLE-FAMILY
Applicability: This Chapter shall take effect on July 1, 2023.
Single-Family Organic Waste Generators shall comply with the following requirements and Single-Family generators that self-haul materials must meet the Self-Hauler requirements in Chapter 8.08.080 of this ordinance:
(a) Shall subscribe to Jurisdiction’s Organic Waste collection services for all Organic Waste generated as described below in Chapter 8.08.020(b). Jurisdiction 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 Jurisdiction. Generators may additionally manage their Organic Waste by preventing or 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) Shall participate in the Jurisdiction’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) For a three-container collection service (Blue Container, Green Container, and Gray Container): generator shall place Source Separated Yard Trimmings, except Food Scraps, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Mixed Compostable Materials, including Food Scraps and Food-Soiled Paper, in the Gray Container. Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.
(2) For a two-container collection service (Blue Container/Gray Container collection):
generator shall place only Source Separated Recyclable Materials in the Blue Container. Generator shall place all other materials, including Food Scraps, Food-Soiled Paper and Yard Trimmings, (Mixed Compostable Materials) in the Gray Container.
16 8.08.030. REQUIREMENTS FOR COMMERCIAL BUSINESSES
Applicability: Chapter 8.08.030(o) shall go into effect immediately; 8.08.030(c) and
8.08.030(d) shall go into effect July 1, 2024 and the remainder of this Chapter 8.08.030 shall take effect on July 1, 2023.
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
(a) Subscribe to Jurisdiction’s three- or two-container collection services and comply with requirements of those services as described below in 8.08.030(b) and comply with the Self-Hauler for requirements in Chapter 8.08.080 of this ordinance. All Commercial Businesses, including Multi-Family Residential Dwellings, shall subscribe to Recyclable Materials collection and Commercial Businesses and/or Multi-Family Residential Dwellings that generate four cubic yards or more of total solid waste per week shall subscribe to Yard Trimmings collection. 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 Jurisdiction’s Organic Waste collection service(s) by placing designated materials in designated containers as described below. (1) For three-container collection service (Blue Container, Green Container, and Gray Container) generator shall place Source Separated Yard Trimmings, except Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Mixed Compostable Materials, including Food Waste, in the Gray Container. Generator shall not place materials designated for the Green Containers or Blue Containers in the Gray Containers.
(2) For Two-container collection service (Blue Container/Gray Container) generator shall place only Source Separated Recyclable Materials in a Blue Container. Generator shall place all other materials (Mixed Compostable Materials) in a Gray Container.
(c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with 8.08.030(d)(1) and
8.08.030(d)(2) in this Chapter below) for employees, contractors, tenants, and customers, consistent with Jurisdiction’s Blue Container, Gray Container, and/or Green Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Chapter 8.08.080.
17 (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of 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 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 Jurisdiction, 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) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in this Chapter 8.08.030(d) pursuant to 14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the Jurisdiction’s Blue Container, Gray Container and/or Green Container, collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Chapter 8.08.080. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, Gray Containers and/or Green 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).
(h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of and Source Separated Recyclable Materials and/or Source Separated Green Container Organic Waste.
----
18 (i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for Jurisdiction or its agent to their properties during all Inspections conducted in accordance with Chapter 8.08.130 of this ordinance to confirm compliance with the requirements of this ordinance. (k) Accommodate and cooperate with Jurisdiction’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with
8.08.030(b). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Gray Containers and/or Green Containers.
(l) At Commercial Business’s option and subject to any approval required from the Jurisdiction, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, and Gray Containers and/or Green Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Gray Containers and/or Green Containers subject to written notification to or approval by the Jurisdiction or its Designee.
(m) If a Commercial Business wants to self-haul, meet the self-hauler requirements in Chapter 8.08.080 of this ordinance.
(n) Nothing in this Chapter 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).
(o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Chapter
8.08.06. 8.08.040. WAIVERS FOR GENERATORS
Applicability: This Chapter shall go into effect July 1, 2023. (a) De Minimis Waivers. A Jurisdiction may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in 8.08.040(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:
19 (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in 8.08.040(a)(2) below. (2) Provide documentation that either:
(A) The Commercial Business’ total Solid Waste collection service is four cubic yards or more per week and Yard Trimmings subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, (B) The Commercial Business’ total Solid Waste collection service is less than four cubic yards per week and Yard Trimmings subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste. (3) Notify Jurisdiction if circumstances change such that Commercial Business’s Yard Trimmings exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if Jurisdiction has approved de minimis waiver.
(b) Physical Space Waivers. Jurisdiction may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Yard Trimmings collection service requirements if the Jurisdiction has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Chapter 8.08.020 or Chapter 8.08.030.
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 Jurisdiction that it is still eligible for physical space waiver every five years, if Jurisdiction has approved application for a physical space waiver.
(c) Multi-Tenant Waiver. Jurisdiction may waive a Commercial Business’ obligations (including Multi-Family Residential Dwellings) to comply with some or all of the Recyclable Materials and/or Yard Trimmings collection service requirements of the Jurisdiction if the Commercial Business provides documentation that the business
20 shares service with a Tenant that already subscribes to services through the Exclusive Franchised Hauler.
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation from the Tenant indicating the services subscribed to through the Exclusive Franchised Hauler and their authorization for the Commercial Business to share this service.
(3) Provide written verification to Jurisdiction that it is still eligible for a MultiTenant waiver every five years, if Jurisdiction has approved application for a Multi-Tenant Waiver.
(d) Review and Approval of Waivers by the Jurisdiction shall be conducted by the Town Manager or his or her designee.
8.08.050. REQUIREMENTS FOR TIER ONE AND TIER TWO COMMERCIAL EDIBLE
FOOD GENERATORS
Applicability: This Chapter shall go into effect immediately. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Chapter 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 Chapter, commencing January 1, 2024.
(c) Tier One and Tier Two 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) Use the CalRecycle Model Food Recovery Agreement or the contractual elements contained in the Requirements for Food Recovery Organizations and Food Recovery Services Chapter of this Ordinance to contract with, or otherwise enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
(A) The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator’s premises; or,
21 (B) the acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator self-hauls to the Food Recovery Organization.
(3) Contract with Food Recovery Organizations and Food Recovery Services able to demonstrate a positive reduction in greenhouse gas emissions from their Edible Food Recovery activity. A list of Food Recovery Organizations and Food Recovery Services is available on the County of San Mateo Office of Sustainability website.
(4) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (5) Allow the Town’s enforcement entity or their Designee for Edible Food Recovery to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the Town or the Designee for Edible Food Recovery. (6) Keep records that include the following information:
(A) A list of each Food Recovery Organization or a Food Recovery Service that collects or receives Edible Food from the Tier One or Tier Two Commercial Edible Food Generator pursuant to a contract or written agreement as required by this Ordinance.
(B) A copy of all contracts or written agreements established under the provisions of this Ordinance.
(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 schedule or 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.
(7) No later than June 30th of each year commencing no later than July 1, 2022 for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food Generators, they shall provide an annual Edible Food Recovery report to the Designee for Edible Food Recovery that
22 includes, but is not limited to, the following information: a list of all contracts with Food Recovery Organizations and Food Recovery Services, the amount and type of Edible Food donated to Food Recovery Organizations and Food Recovery Services, the schedule of Edible Food pickup by Food Recovery Organizations and Food Recovery Services, a list of all types of Edible Food categories they generate, such as “baked goods,” that are not accepted by the Food Recovery Organizations and Food Recovery Services with whom they contract, the contact information for the manager and all staff responsible for Edible Food Recovery, and certification that all staff responsible for Edible Food Recovery have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe. With the exception of the food safety and handling training certification, Tier One and Tier Two Commercial Edible Food Generators may coordinate with their Edible Food Recovery contractors to supply this information. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website.
(8) Mandate their Edible Food Recovery staff learn and follow the donation guidelines and attend trainings conducted by Food Recovery Organizations or Food Recovery Services with which they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid supplying food for collection that is moldy, has been improperly stored, or is otherwise unfit for human consumption.
(9) Tier One and Tier Two Commercial Edible Food Generators who self-haul Edible Food shall require those transporting Edible Food for recovery to obtain a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe and follow the best practices and standards for proper temperature control, methods, and procedures for the safe handling and transport of food. (d) Nothing in this Ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
23 8.08.060. REQUIREMENTS FOR FOOD RECOVERY ORGANIZATIONS AND
SERVICES
Applicability: This Chapter shall go into effect immediately. (a) Food Recovery Services operating in the Town of Portola Valley and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food by type collected from each Tier One and Tier Two Commercial Edible Food Generator per month. (3) The quantity in pounds of Edible Food by type transported to each Food Recovery Organization or redistribution site per month. (4) The name, address, and contact information for each Food Recovery Organization or redistribution site that the Food Recovery Service transports Edible Food to for Edible Food Recovery.
(b) Food Recovery Organizations operating in the Town of Portola Valley and collecting or receiving Edible Food directly from Tier One and/or Tier Two Commercial Edible Food Generators via a contract or written agreement established under the requirements of this Ordinance, or receiving Edible Food from Food Recovery Services or from other Food Recovery Organizations, shall maintain the following records:
(1) The name, address, and contact information for each Tier One and Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization from which the organization collects or receives Edible Food. (2) The quantity in pounds of Edible Food by type collected or received from each Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Service, or other Food Recovery Organization per month.
(3) The name, address, and contact information for other Food Recovery Organizations or redistribution sites that the Food Recovery Organization transports Edible Food to for Edible Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall inform Tier One and Tier Two Commercial Edible Food Generators from which they collect or receive Edible Food about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established as required by this Ordinance.
24 (d) Commencing no later than July 1, 2022, Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley and collecting or receiving Edible Food from Tier One and Tier Two Commercial Edible Food Generators or any other source shall report to the Lead Staff Person the following:
a detailed Edible Food activity report of the information collected as required under this Ordinance, including weight in pounds by type and source of Edible Food, the schedule/frequency of pickups/drop-offs of Edible Food from/to each Edible Food source or redistribution site, brief analysis of any necessary process improvements or additional infrastructure needed to support Edible Food Recovery efforts, such as training, staffing, refrigeration, vehicles, etc., and an up to date list of Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts or agreements established as required under this Ordinance. The Designee for Edible Food Recovery will assist in the preparation of these reports by providing guidance and a template located on the County of San Mateo Office of Sustainability website. This Edible Food activity report shall be submitted quarterly, or at the discretion of the Designee for Edible Food Recovery, less frequently, and shall cover the activity that occurred since the period of the last submission. (e) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall contact the Designee for Edible Food Recovery to discuss the requirements of this Ordinance before establishing new contracts or agreements with Tier One or Tier Two Commercial Edible Food Generators and in order to maintain existing contracts or agreements for the recovery of Edible Food with Tier One and Tier Two Commercial Edible Food Generators. (f) In order to provide the required records to the State, the Town of Portola Valley, or the Designee for Edible Food Recovery, and Tier One or Tier Two Commercial Edible Food Generators, contracts between Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley and Tier One and Tier Two Commercial Edible Food Generators shall either:
(1) Use the Model Food Recovery Agreement developed by the State of California’s Department of Resources Recycling and Recovery (CalRecycle,) and include a clause requiring the Food Recovery Organization or Food Recovery Service to report to the Tier One and Tier Two Commercial Edible Food Generators with whom they have contracts the annual amount of Edible Food recovered and to inform them of the tax benefits available to those who donate Edible Food to non-profits (2) Or include in their contracts the following elements:
(A) List/description of allowable foods the Food Recovery Organization/Food Recovery Service will receive.
(B) List/description of foods not accepted by the Food Recovery Organization/Food Recovery Service.
25 (C) Conditions for refusal of food.
(D) Food safety requirements, training, and protocols.
(E) Transportation and storage requirements and training. (F) A protocol for informing the Tier One or Tier Two Commercial Edible Food Generators of a missed or delayed pickup.
(G) Notice that donation dumping is prohibited.
(H) Provisions to collect sufficient information to meet the record-keeping requirements of this Ordinance.
(I) Fees/financial contributions/acknowledgement of terms for the pickup and redistribution of Edible Food.
(J) Terms and conditions consistent with the CalRecycle Model Food Recovery Agreement.
(K) Information supplying the Tier One or Tier Two Commercial Edible Food Generators with the annual amount of Edible Food recovered and informing them of the tax benefits that may be available to those who donate Edible Food to non-profits.
(L) Contact name, address, phone number, and email for both responsible parties, including the current on-site staff responsible for Edible Food Recovery.
(M) Food Recovery Organizations accepting self-hauling of Edible Food from Tier One and Tier Two Commercial Edible Food Generators must provide a schedule, including days of the week and acceptable times for drop-offs, and information about any limitation on the amount of food accepted, and/or the packaging requirements or other conditions of transport, such as, but not limited to, maintaining proper temperature control, and other requirements for the safe handling and transport of food, the self-hauler must follow for the Edible Food to be accepted.
(g) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall demonstrate that all persons, including volunteers and contracted workers using their own vehicle, involved in the handling or transport of Edible Food, have obtained a food handler card through an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs, such as ServSafe.
26 (h) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall use the appropriate temperature control equipment and methods and maintain the required temperatures for the safe handling of Edible Food recovered from Tier One and Tier Two Commercial Edible Food Generators for the duration of the transportation of the Edible Food for redistribution, including Edible Food transported by private vehicles.
(i) In order to ensure recovered Edible Food is eaten and to prevent donation dumping, Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall provide documentation that all redistribution sites which are not themselves Food Recovery Organizations to which they deliver Edible Food have a feeding or redistribution program in place to distribute, within a reasonable time, all the Edible Food they receive. Such documentation may include a website address which explains the program or pamphlets/brochures prepared by the redistribution site.
(j) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley unable to demonstrate a positive reduction in GHG emissions for their Edible Food Recovery operational model cannot contract with Tier One and Tier Two Commercial Edible Food Generators in the Town of Portola Valley for the purpose of recovering Edible Food as defined in this Ordinance. Food Recovery Organizations and Food Recovery Services contracting to recover Edible Food from a Tier One and Tier Two Commercial Edible Food Generator for redistribution shall consult with the Town of Portola Valley’s Designee for Edible Food Recovery to document that their overall operational model will achieve a greenhouse gas emissions reduction. Such review may analyze route review, miles traveled for pick-up and redistribution, amount of food rescued, and the likelihood of consumption after redistribution.
(k) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall visually inspect all Edible Food recovered or received from a Tier One and Tier Two Commercial Edible Food Generator. If significant spoilage is found, or if the food is otherwise found to be unfit for redistribution for human consumption, Food Recovery Organizations and Food Recovery Services shall immediately notify the Designee for Edible Food Recovery using the process found on the County of San Mateo Office of Sustainability’s website. The notice shall include:
(1) The type and amount, in pounds, of spoiled food or food unfit for redistribution for human consumption, or provide a photographic record of the food, or both.
(2) The date and time such food was identified.
(3) The name, address and contact information for the Tier One or Tier Two Commercial Edible Food Generator which provided the food.
27 (4) The date and time the food was picked up or received. (5) A brief explanation of why the food was rejected or refused. (l) Contracts between Tier One or Tier Two Commercial Edible Food Generators and Food Recovery Organizations or Food Recovery Services shall not include any language prohibiting Tier One or Tier Two Commercial Edible Food Generators from contracting or holding agreements with multiple Food Recovery Organizations or Food Recovery Services listed on the County of San Mateo Office of Sustainability website.
(m) Food Recovery Organizations and Food Recovery Services operating in the Town of Portola Valley shall conduct trainings and develop educational material such as donation guidelines and handouts to provide instruction and direction to Tier One and Tier Two Commercial Edible Food Generators with whom they contract regarding best practices and requirements for the timely identification, selection, preparation, and storage of Edible Food to ensure the maximum amount of Edible Food is recovered and to avoid the collection of food that is moldy, has been improperly stored, or is otherwise unfit for human consumption. (n) Edible Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other such studies, Food Recovery Services and Food Recovery Organizations operating in the Town of Portola Valley shall provide information and consultation to the Town of Portola Valley and its Lead staff person upon request, regarding existing, or proposed new or expanded, Edible Food Recovery capacity that could be accessed by the Town of Portola Valley and its Tier One and Tier Two Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town of Portola Valley and its Lead staff person shall respond to such requests for information within 60 days.
(o) Allow the Town of Portola Valley’s enforcement entity or their Lead staff person to access the premises and inspect procedures and review records related to Edible Food Recovery and/or provide them electronically if requested by the Town or the Lead staff person.
8.08.070. REQUIREMENTS FOR HAULERS AND FACILITY OPERATORS Applicability: Chapter 8.08.070(b) shall go into effect immediately. Chapter 8.08.070(a) shall become effective on July 1, 2023.
28 (a) Requirements for Haulers
(1) Exclusive Franchised Hauler and Permitted haulers providing residential, Commercial, or industrial Organic Waste collection services to generators within the Jurisdiction’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Jurisdiction to collect Organic Waste:
(A) Through written notice to the Jurisdiction annually on or before July 1 or as requested for CalRecycle reporting, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostable Materials. For Exclusive Franchised Hauler provide on the frequency required in the franchise agreement, or annually if the processing facilities outlined in the agreement were to change or not meet CalRecycle requirements.
(B) Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste 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 contained in the operative agreements between the Jurisdiction and applicable hauler, obtain approval from the Jurisdiction to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Chapter 8.08.090
(Compliance with CALGreen Recycling Requirements) of this ordinance, and Jurisdiction’s C&D ordinance.
(2) Exclusive franchised hauler and Permitted haulers authorization to collect Organic Waste 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 Jurisdiction.
(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 publicly-owned treatment works shall, upon Jurisdiction 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 Jurisdiction shall respond within 60 days.
29 (2) Community Composting operators, upon Jurisdiction request, shall provide information to the Jurisdiction 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 Jurisdiction shall respond within 60 days.
8.08.080. SELF-HAULER REQUIREMENTS
Applicability: Chapter 8.08.080(a) shall become effective immediately. Chapter
8.08.080(b) through (f) shall become effective July 1, 2023. (a) Self-Haulers that are Commercial Businesses shall obtain a business license from the Jurisdiction as required to do business within the Jurisdiction. (b) Self-Haulers shall source separate all Recyclable Materials and Organic Waste (materials that Jurisdiction otherwise requires generators to separate for collection in the Jurisdiction’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) 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, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) 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 Jurisdiction. 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 SelfHauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
30 (d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide the records documented in 8.08.080(c) to Jurisdiction if requested and/or register with the Jurisdiction.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information outlined in 8.08.080 (c) and 8.08.080(d).
8.08.090. COMPLIANCE WITH CALGREEN RECYCLING REQUIREMENTS Applicability: This Chapter shall go into effect immediately. (a) Persons applying for a permit from the Jurisdiction for new construction and building additions and alternations shall comply with the requirements of this Chapter and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the Portola Valley Building Code, and the amendments as adopted. If the requirements of CALGreen are more stringent then the requirements of this Chapter, the CALGreen requirements shall apply.
Project applicants shall refer to Town’s Building Code or Municipal Code for complete CALGreen and/or other applicable requirements. (b) For projects covered by CALGreen or more stringent requirements of the Jurisdiction, the applicants must, as a condition of the Jurisdiction’s permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container, Gray Container and/or Green Container materials, consistent with the three- or two-container collection program offered by the Jurisdiction, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1,
4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container, Gray Container and/or Green Container materials, consistent with the three-or two-container collection program offered by the Jurisdiction, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended
31 requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with Jurisdiction’s C&D ordinance, Chapter 8.09 of Jurisdiction’s municipal code, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
8.08.100. PROCUREMENT REQUIREMENTS FOR JURISDICTION DEPARTMENTS,
DIRECT SERVICE PROVIDERS, AND VENDORS
Applicability: This Chapter shall go into effect immediately. (a) Jurisdiction departments, and direct service providers to the Jurisdiction, as applicable, must comply with the Jurisdiction’s most current Policy concerning Environmentally Preferable Purchasing and Practices and Recycled-Content Paper procurement policy.
8.08.120. GARBAGE REGULATIONS
Applicability: This Chapter shall go into effect immediately. (a) Collection, removal and disposal only by authorized persons. (1) The Town shall authorize, permit, regulate and control the collection, removal and disposal of all refuse generated at all places or premises. For this purpose, the Town may enter into a collection agreement with one or more solid waste enterprises with or without advertising for bids. The collection agreement may be exclusive as to services specified in the agreement.
(2) No person shall negotiate or contract for, undertake to receive, collect, remove, transport, or dispose of any type of refuse from within the Town of Portola Valley for a fee, service charge or other consideration therefor, except if licensed or under contract by the Town to perform such services or if employed by the Town. (3) No person shall interfere in any manner with the lawful operations of the Exclusive Franchised Hauler and Permitted haulers or their duly authorized agents or subcontractors.
(4) Except as otherwise provided in this chapter, each residential householder and commercial business owner shall utilize the services of the Exclusive Franchised Hauler for the collection of refuse from the residential or commercial premises held or occupied by that owner or occupant and shall pay the fees for services as approved by the Council. No residential householder or commercial business owner shall enter into an agreement with a solid waste enterprise for the collection of refuse except as otherwise provided in this chapter.
32 (b) Frequency of refuse collection; hours
(1) The Exclusive Franchised Hauler or its duly authorized agents or subcontractors shall collect refuse from all residential premises and commercial premises within Portola Valley at least once a week, unless the director authorizes a different frequency of collection.
(2) Refuse shall be collected only between the hours of 8:00 a.m. and 5:30 p.m. (c) Refuse containers
(1) All types of refuse containers shall be kept in a sanitary condition with the lids closed except whenever they are being loaded or unloaded. (2) Refuse containers suitable for residential places or premises shall be provided by the Exclusive Franchised Hauler. Any container shall be of a size based upon the subscription service level requested by the person responsible for the payment of charges therefor or as may be required by this chapter. (3) Refuse containers shall be collected by the Exclusive Franchised Hauler whenever the containers are placed in a refuse enclosure or at the authorized collection area. Collection may be made at another location upon approval of the Town Manager or designee, based upon the subscription service level requested. (4) All commercial property owners, commercial business owners and persons shall provide access to the Town or the Exclusive Franchised Hauler for the inspection of internal and external refuse containers and enclosures. The Town Manager or designee shall be authorized to conduct inspections of commercial premises, as permitted by law, to ensure compliance with this chapter, including this section. (5) Commercial property owners, commercial business owners and persons shall ensure that all refuse containers and refuse enclosures are accessible and easily serviceable by the Exclusive Franchised Hauler. Service vehicles shall have a safe and clear passage and access to refuse enclosures to provide for the efficient service to customers.
(d) Refuse Containers—Location
Containers shall remain on private property and not in the public right-of-way except as necessary to accommodate scheduled collection. Containers are permitted in the public right-of-way only during the day preceding the day of scheduled collection and terminating the day following such collection. Containers shall not be placed in a public right-of-way so as to constitute a nuisance.
(e) Maintenance and placement of containers
The commercial business owners and residential householder shall maintain their containers at their places and premises and the areas where the containers are located in good, usable, clean and sanitary condition, and shall ensure that the lids on the container are kept closed and shall ensure that there is no litter underneath or surrounding the containers. No refuse shall be placed outside of the container, unless as prearranged
33 for collection by the Exclusive Franchised Hauler; Yard Trimming may be placed out as permitted for the Woodside Fire Protection District’s annual chipper program. Containers shall be maintained in a manner that will prevent leakage, spillage and the emission of odors. Commercial premises sharing receptacles placed outside of retail areas, shall also share equally in the responsibility of emptying the receptacles so that they do not overflow and maintaining the area around the receptacles so that it is free of loose litter. (f) Discarding of refuse; source separation
(1) No person shall throw, drop, leave, place, keep, accumulate, or otherwise dispose of any refuse upon private property either with or without the intent to later remove the same from that place or premises, or upon any street, public right-of-way, sidewalk, gutter, stream, or creek, or the banks thereof, or any public place or public property. (2) All persons shall separate their refuse according to its characterization as solid waste, compostable materials, or recyclable materials, and place each type of refuse in a separate container designated for disposal of that type of refuse. No person may mix any type of refuse, or deposit refuse of one type in a collection container designated for refuse of another type, except as otherwise provided in this chapter. This does not prohibit the placement of refuse in public solid waste or recycling receptacles, or in containers for collection in accordance with the provisions of this chapter. This section does not prohibit any person from engaging in home composting.
(g) Contract for collection and disposal
The council may, by resolution, award a contract or franchise for the collection and disposal of solid waste to any person which the council believes qualified and equipped to perform the work. The contract may be awarded through a competitive process or by direct negotiation and may be an exclusive contract or franchise. (h) Collection of fees
The Exclusive Franchised Hauler shall have authority to charge such fees as may be determined by the council to be reasonable, and to collect such charges either in advance, or otherwise, at such times as may be fixed in the agreement with the Exclusive Franchised Hauler.
(i) Liability for payment of rates
Unless otherwise exempt, every person with residential premises or commercial premises within Portola Valley shall be liable for the payment of the refuse service rates, including any collection rates authorized by the Town.
(j) Litter, spillage or leakage of refuse
All types of refuse hauled by any person over public streets in Portola Valley shall be securely tied and covered during hauling in order to prevent litter and the leakage, spillage, blowing or dropping of refuse of any type on to public streets. No person shall allow any type of refuse to leak, spill, scatter, blow or drop from any vehicle operated on public streets within Portola Valley.
(k) No accumulation of refuse
34 No person shall permit any type of refuse to accumulate at its place or premises for a period in excess of one calendar week, except the director may authorize by written rules and regulations a different frequency of collection, removal and disposal of refuse for compactors at commercial premises. This provision shall not be construed to prohibit any person from temporarily storing building materials at any place or premises during the period of active construction, reconstruction or repair of a building or structure thereon under a current valid building permit, storing wood in an orderly pile at the place or premise for household use, or retaining compostable materials for home composting purposes.
(l) Burning, burial, or dumping of restrictions
(1) No person shall burn any refuse within Portola Valley at any time unless authorized by the Woodside Fire Protection District.
(2) No person shall bury or dump any type of refuse within Portola Valley.
Compostable materials may be buried on-site by the occupant of the residential place or premises.
(m) Hazardous waste.
No person shall deposit any hazardous waste in a container. (n) Source Separation.
(1) No person shall place any prohibited container contaminant into any collection container serviced by the Exclusive Franchised Hauler.
(2) Every person depositing solid waste for collection with the Exclusive Franchised Hauler shall source separate their solid waste and place materials in the appropriate collection containers designated by the Exclusive Franchised Hauler for collection of organic waste, recyclable materials, and remaining solid waste. (o) Special permits in hardship cases.
Upon a showing of hardship by the owner, occupant or tenant of a place or premise, the director may issue a special written permit authorizing a variance with the provisions of this chapter yet the variance will be subject to the imposition of terms and conditions as the director may deem necessary to protect the public safety and welfare. (p) Administration by Town Manager.
(1) The Town Manager or designee shall adopt written rules and regulations, not inconsistent with this chapter, as may be necessary for the proper administration and enforcement of this chapter. The written rules and regulations may include, but are not limited to, regulations relating to the required frequency of refuse collection from various types of places or premises, the types of special containers required for placement at places or premises, and regulations governing the vehicles used in making collections. (2) The Town Manager shall resolve all disputes concerning the administration or enforcement of this chapter, and his or her decision shall be final.
35 8.08.130. INSPECTIONS AND INVESTIGATIONS BY JURISDICTION Applicability: This Chapter shall go into effect immediately. (a) Jurisdiction representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
This Section does not allow Jurisdiction to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Chapter 8.08.020(b) or Chapter 8.08.030(b) of this ordinance, Jurisdiction may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Chapter
8.08.030(k) of this ordinance.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Jurisdiction’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 ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; (ii) installation and operation of Remote Monitoring equipment; and/or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.
(c) Any records obtained by a Jurisdiction during its Inspections, Remote Monitoring, 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) Jurisdiction representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.
(e) Jurisdiction shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Anonymous complaints must be in writing, shall specify the name of violator if known; the location and date of the alleged violation and shall be directed to the Town Manager or designee.
36 8.08.140. ENFORCEMENT
Applicability: This Chapter shall go into effect immediately. (a) Violation of any provision of this ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a Jurisdiction Enforcement Official or representative. Enforcement Actions under this ordinance are issuance of an administrative citation and assessment of a fine. The Jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
(b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction 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 Jurisdiction staff and resources.
(c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this ordinance may be undertaken by the Jurisdiction Enforcement Official, which may be the Town Manager or their designated entity, legal counsel, or combination thereof. (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Jurisdiction, in consultation with Jurisdiction Enforcement Official.
(A) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
(B) Jurisdiction Enforcement Official(s) (and Regional or County Agency Enforcement Official, if using) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Jurisdiction Enforcement Officials and/or Regional or County Enforcement Officials and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Chapter 8.08.130 establishes Jurisdiction’s right to conduct Inspections and investigations.
37 (2) Jurisdiction may issue an official notification to notify regulated entities of its obligations under the ordinance.
(3) For incidences of Prohibited Container Contaminants found in containers, Jurisdiction, or its designee, will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within seven (7) days after determining that a violation has occurred. If the Jurisdiction observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasion(s), the Jurisdiction 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 Chapter 8.08.140(d)(3), Jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, Jurisdiction shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the Jurisdiction’s administrative penalty ordinance (Chapter 1.12.045) and Table 1 of this ordinance. The Town may also elect at its discretion to use the County’s administrative penalty ordinance.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Jurisdiction 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
(e) Penalty Amounts for Types of Violations
Unless otherwise specified by Town Council resolution, the penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $100 per violation.
(2) For a second violation, the amount of the base penalty shall be $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $500 per violation.
In the event the Town Council’s resolution and this ordinance contain different penalty amounts, the higher amount shall apply.
38 (f) Compliance Deadline Extension Considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Chapter 8.08.140 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Forces of nature 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 Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (g) 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 Jurisdiction’s procedures in the Jurisdiction’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Jurisdiction will appoint a hearing officer who shall conduct the hearing and issue a final written order. (h) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, Jurisdiction will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Jurisdiction 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 ordinance 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.
(i) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Jurisdiction determines that an Organic Waste Generator, Self-Hauler, 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 ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.
39 SECTION 3. EFFECTIVE DATE
Unless otherwise specified herein, this ordinance shall become effective on the thirtieth date following adoption.
INTRODUCED on the ___ day of March, 2022.
PASSED AND ADOPTED as an ordinance of the Town of Portola Valley at a regular meeting of said Council on the _____ day of April, 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTENTIONS: Councilmembers:
ABSENT: Councilmembers:
ATTEST APPROVED
__________________________ __________________________
Sharon Hanlon, Town Clerk Craig Hughes, Mayor
APPROVED AS TO FORM
__________________________
Cara Silver, Town Attorney
______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Brandi de Garmeaux, Assistant to the Town Manager DATE: October 27, 2021
RE: Update on State’s New Recycling Requirements (SB 1383), Adoption of Memorandum of Understanding with County to Establish an Edible Food Recovery Program, Adoption of Updated Environmentally Preferable Purchasing & Practices Policy and Direction to File Waiver of SB 1383 Collection Requirements
RECOMMENDATION
Staff recommends that the Town Council discuss an update on the Town’s efforts to comply with SB 1383 relating to new organic waste requirements and take the following actions:
1. Adopt a Resolution authorizing the Town Manager to enter into an MOU with the County to Establish an Edible Food Recovery Program (Attachments 1 and 2);
2. Adopt an updated Environmentally Preferable Purchasing & Practices Policy (EPP) to comply with SB 1383 (Attachment 3);
3. Direct staff to file a waiver of the collection requirements relating to SB 1383; and
4. Direct staff to return with an ordinance implementing the remaining requirements of SB 1383.
BACKGROUND
In September 2016, Governor Brown signed SB 1383 (Lara, Chapter 395, Statutes of 2016) into law, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California’s economy. The law codified the California Air Resources Board’s Short-Lived Climate Pollutant Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants.
As it pertains to solid waste, SB 1383 established targets to achieve 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020, and a 75% reduction by 2025. It also established an additional target of recovering not less than 20%
TOWN OF PORTOLA VALLEY
STAFF REPORT
TOWN OF PORTOLA VALLEY
Attachment 2
SB 1383 October 27, 2021
of edible food that was currently being disposed for human consumption by 2025. In November 2020, the Department of Resources Recycling and Recovery (CalRecycle) published the Regulation Text that detailed how the State planned to meet these ambitious targets, which included mandates that local jurisdictions implement, maintain, enforce, and report on a number of programs. Given the release of these guidelines in the midst of the pandemic with many cities having financial and staffing shortfalls, Cal Cities sponsored legislation (SB 619) extending the implementation date. Ultimately, the Governor signed a bill which delayed the issuance of penalties for one year, but still required the implementation of programs by January 1, 2022. These programs are described in detail in the Discussion section of this staff report and will be expanded further in the staff presentation to the Town Council:
The implementation timeline for SB 1383 is as follows:
• January 1, 2022 – Regulations take effect and State enforcement begins • January 1, 2024 – Jurisdictions are required to take enforcement against noncompliant entities
• January 1, 2025 – The State must achieve the 75% reduction and 20% food recovery targets
DISCUSSION
SB 1383 imposes several new mandates on local jurisdictions that are enforceable beginning January 1, 2022. While the State has not yet provided any funding to support the implementation of these new programs, the Town of Portola Valley is in a strong position to comply with many of the mandates by the January 1, 2022, deadline given its working relationship with San Mateo County (County), Woodside and other local cities.
Further, the Franchise Agreement with GreenWaste Recovery, Inc. (GreenWaste) that went into effect January 1, 2019, anticipated many of the provisions contained in the CalRecycle Regulation Text.
That said, CalRecycle recognizes that rural, elevation, and low-population jurisdictions have a small organic waste footprint and face significant challenges to collecting organic material. A jurisdiction can apply to CalRecycle for a waiver from the organic waste collection regulations included in SB 1383 if certain conditions are met. Jurisdictions that receive a department-issued waiver will still be required to contribute to the state’s organic waste recovery targets by implementing other sections of the regulations.
The following sections summarize the six main mandates put on local jurisdictions by SB 1383 and the Town’s related compliance efforts. The most significant impacts to the Town will be the mandatory organic waste collection services provision and the related inspection, enforcement, education and recordkeeping requirements. Staff consulted with CalRecycle and the Town qualifies for a waiver based on the population and disposal thresholds. Staff, in consultation with the Town Attorney, is recommending that the Council direct the filing of a waiver for the Town with respect to this requirement only. This will give CalRecycle time to provide additional guidance on the provisions of SB 1383 as well as additional resources to surface as SB 1383 is implemented across the State. In addition, while staff believes the requirements that apply to the hauler are covered in the
SB 1383 October 27, 2021
Franchise Agreement, this will give more time to better understand the implications and make necessary adjustments.
Mandatory Organic Waste Collection Services
Arguably the most significant mandate of SB 1383 is the requirement for all local jurisdictions to provide organic waste collection services, including food scraps, to all residents and businesses. Additionally, waste containers used for both curbside programs and indoor waste collection stations must follow a prescribed color scheme of grey/black for trash, green for organic waste, and blue for traditional recyclables. These containers are also subject to labeling and contamination monitoring requirements.
The Town’s Franchise Agreement with GreenWaste provides all residents and businesses within the Town a base level of curbside service with separate containers for recyclable materials and “mixed compostable” materials (which includes food scraps). For fully accessible areas, a third yard trimmings bin is offered to further segregate this organic waste and ensure the highest level recycled organic product. The Franchise Agreement also standardized the colors and labeling of curbside carts and bins; however, businesses would need to ensure indoor waste collection stations follow the color scheme and labeling. Staff would work with GreenWaste to further educate businesses that are subject to the indoor waste collection systems requirements to ensure they are compliant with the new mandates.
Edible Food Recovery Program
Jurisdictions are required to establish an edible food recovery program for large surplus food generators to recover as much edible food for human consumption as possible.
Implementation of this program is split into two tiers, with Tier One generators having to comply in 2022 and Tier Two generators having until 2024. Tier One generators include supermarkets, large grocery stores, food service providers, food distributors, and wholesale food vendors. Tier Two generators include large restaurants, hotels, health facilities, large venues and events, and state and local education agencies.
The Town is partnering with the County of San Mateo Office of Sustainability (County) to implement a countywide food recovery program. After conducting an initial analysis of the food recovery programs and capacity in San Mateo County, the County determined one countywide program would be more effective than 20 independent programs. Staff agrees that this approach not only provides economy of scale, but also increases the likelihood that the maximum amount of edible food will be recovered.
Under the proposed Edible Food Recovery Program Memorandum of Understanding (Attachment 2 and Exhibit A to the Resolution), the County would operate the edible food recovery program on behalf of the Town of Portola Valley, which would go into effect January 1, 2022.
Capacity Planning
Jurisdictions must secure access to organics processing and food recovery capacity for the programs identified in SB 1383. The Town’s Franchise Agreement with GreenWaste includes the assurance that the Town’s diverted organic material will be delivered to a permitted organic waste processing facility; however, according to CalRecycle, these
SB 1383 October 27, 2021
entities have not yet been permitted for SB 1383. Capacity planning for food recovery will happen at the County level as part of the County’s edible food recovery program.
Education and Outreach
Jurisdictions must provide linguistically accessible education and outreach to all businesses and residents regarding the mandatory participation in the organics collection service and contamination requirements. Jurisdictions must also educate commercial edible food generators on their edible food donation requirements and available edible food recovery organizations. The Town’s Franchise Agreement with GreenWaste includes an annual education and outreach campaign. At the beginning of each calendar year, staff will meet with GreenWaste to outline the campaign for the upcoming year which includes mailers to residents, on-site audits and technical assistance for businesses and workshops on proper waste sorting. The Town is currently working with its community partners – the County of San Mateo, GreenWaste, and CalRecycle to provide education and outreach. GreenWaste has already begun outreach on SB 1383, with information on the new law included in their fall newsletter.
Recovered Organic Waste Product Procurement
Beginning January 1, 2022, jurisdictions must procure recycled content paper products in addition to an annual quantity of recovered organic waste products based on the Town’s population. The annual procurement target is assigned by CalRecycle and can be fulfilled by procuring any combination of the following waste products: compost, mulch, renewable energy (transportation fuel, heat, and electricity) from anaerobic digestion and electricity from biomass conversation. Staff is exploring options through GreenWaste, existing programs (e.g., Annual Chipper Program), Peninsula Clean Energy fuel mixture and partnership opportunities with the County and others to determine how the Town can meet its procurement target in an environmentally and fiscally sustainable way.
The Town has had an environmental purchasing policy in place for years. The attached Policy on Environmentally Preferable Practices and Purchasing (EPPP) has been updated to strengthen the language around purchasing recycled content paper products and recovered organic waste products to fulfill the SB 1383 requirements. A provision has also been added to the EPPP to ensure the Town’s contractors and vendors also comply with SB 1383.
Inspection and Enforcement
SB 1383 requires local jurisdictions to monitor for compliance and conduct enforcement.
Staff has been consulting with CalRecycle to fully understand the requirements of SB 1383. Potential inspection and enforcement requirements include:
• Developing recordkeeping mechanism for all required SB 1383 regulations, including internal procurement by Town
• Annual inspections of both commercial and residential truck routes • Compliance reviews on all commercial businesses with 2 cubic yards or more of solid waste
• Creating de minimus waiver application for commercial business (e.g., space limitations)
SB 1383 October 27, 2021
• Creating approval license for all haulers that operate in Town (e.g., Got Junk?)
• Monitoring recordkeeping of all self-haulers
• Inspections of Tier One commercial edible food generators and food recovery organizations (to be performed by County)
In addition, SB 1383 regulations require the adoption and enforcement of various ordinances, such as Construction & Demolition and Model Water Efficient Landscaping requirements. The Town Attorney will be bringing forward an Administrative Penalty Ordinance to assist in the uniform enforcement of all Town ordinances. In addition, the Town’s forthcoming SB 1383 implementing ordinance will also authorize the County to enforce the Food Recovery requirements of state law. The Town may also need to develop a self-hauler permitting scheme, though staff is exploring whether the small jurisdiction waiver would apply to this requirement.
CONCLUSION
SB 1383 is a significant piece of legislation that sets ambitious targets for organic waste reduction and leans heavily on local jurisdictions for implementation. While the Town complies with several of the mandates in SB 1383, there are still many details that need to be determined. The waiver from CalRecycle would enable staff to continue to work with CalRecycle, GreenWaste, and other organizations throughout the county to ensure the Town moves towards full compliance with SB 1383 in a thoughtful and sustainable way.
If the Council so directs, the next steps will include filing a waiver with CalRecycle and returning to the Council in November with an ordinance implementing the remaining requirements of SB 1383. In addition, staff will consult with the Town Attorney in updating the relevant sections in the Town’s Municipal Code to align with the new regulations.
FISCAL IMPACT
Staff and the Town Attorney time will be needed to file the SB 1383 waiver, understand how it impacts the ordinance provisions, draft the implementing ordinance, develop and implement recordkeeping mechanisms, and monitor and enforce the Food Recovery and other SB 1383 required programs. The full fiscal impact of SB 1383 implementation is not yet known, and staff is monitoring the application procedure for assistance with implementation provided by SB 170.
ENVIRONMENTAL REVIEW
The requested actions are exempt under the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities that will not result in direct or indirect physical changes in the environment.
ATTACHMENTS
1. Resolution Adopting Memorandum of Understanding with County
2. Memorandum of Understanding with County to Establish and Edible Food Recovery Program
3. Updated Environmentally Preferable Purchasing & Practices Policy
RESOLUTION NO. 2021-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY
AUTHORIZING THE TOWN MANAGER TO SIGN AND EXECUTE THE
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO TO
ESTABLISH AN EDIBLE FOOD RECOVERY PROGRAM IN PORTOLA VALLEY WHEREAS, Governor Brown signed SB 1383 (Lara, Chapter 395, Statutes of 2016) into law in September 2016 establishing statewide methane emission reduction targets; and
WHEREAS, SB 1383 requires a 75% reduction in the statewide disposal of organic waste from the 2014 levels by 2020 and a 75% reduction by 2025; and WHEREAS, SB 1383 also requires that 20% of edible food is recovered for human consumption by 2025; and
WHEREAS, local jurisdictions are required to establish an edible food recovery program for large surplus food generators to recover as much edible food for human consumption as possible; and
WHEREAS, to promote consistency within jurisdictions throughout San Mateo County and leverage economies of scale, the County has offered to lead the creation of a countywide Edible Food Recovery Program on behalf of the unincorporated areas of the county and all the jurisdictions in the county;
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Portola Valley hereby authorizes the Town Manager to sign and execute the Memorandum of Understanding included as Exhibit A to the Resolution with the County of San Mateo to establish an edible food recovery program in Portola Valley.
PASSED AND ADOPTED at the regular meeting of the Town of Portola Valley on October 27, 2021.
By: _________________________
Mayor
ATTEST:_________________________
Town Clerk
Attachment 1
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF PORTOLA VALLEY AND COUNTY OF SAN MATEO
FOR THE ESTABLISHMENT OF AN EDIBLE FOOD RECOVERY PROGRAM CONSISTENT WITH CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 12 SHORT-LIVED CLIMATE POLLUTANTS
THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into this 1 st day of
December 2021, by and between the County of San Mateo, hereinafter called "the County" and the Town of Portola Valley “Jurisdiction”, hereinafter called "the Jurisdiction"; W I T N E S S E T H:
WHEREAS, the County’s Board of Supervisors has enacted a Mandatory Organic Waste Disposal Reduction Ordinance as required by the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants; and WHEREAS, to promote consistency within jurisdictions throughout San Mateo County and leverage economies of scale, the County has offered to lead the creation of a County-wide Edible Food Recovery Program on behalf of the unincorporated areas of the county and all the jurisdictions in the county; and
WHEREAS, the Town Council adopted this Memorandum of Understanding on October 27, 2021, and authorizes the County to operate an Edible Food Recovery Program on behalf of and within the Town of Portola Valley.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Tasks to be Completed by the Jurisdiction
A. The County will create and coordinate the Edible Food Recovery program on behalf of the Town of Portola Valley, if the Town of Portola Valley performs each of the following actions:
a) adopts and makes part of its municipal code an enforceable ordinance establishing an Edible Food Recovery program as required under the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, including the specific provisions provided to the Town of Portola Valley by the County of San Mateo for edible food recovery definitions, requirements for Tier One and Tier Two Edible Food Generators, and requirements for Food Recovery Organizations and Food Recovery Services; and
b) enters into this Memorandum of Understanding; and
Attachment 2
EXHBIT A
2 c) provides the County with a list and schedule of “large events” as defined by the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants occurring in the Jurisdiction; and
d) after consultation with the County, is responsible for coordinating the required edible food recovery regulations for those “large events” occurring in the Town of Portola Valley; and
e) authorizes, by ordinance, the County to enforce California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants in Section (a) above, and to incorporate such authorization to include, without limitation, the authority to inspect, investigate, hold hearings, issue citations, and/or assess administrative fines on behalf of the Town of Portola Valley as its Designee for Edible Food Recovery; and f) shall develop a method to accept written complaints, including anonymous complaints, regarding an entity that may be potentially non-compliant with the Edible Food Recovery requirements as required under the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, and direct all such complaints to the County; and
g) acknowledges, by ordinance, that, notwithstanding this Memorandum of Understanding, the Town of Portola Valley is, as stated in California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants, ultimately responsible for compliance with the said Code.
Note: Some County of San Mateo Jurisdictions are Member Agencies of the South Bayside Waste Management Authority (SBWMA), a joint powers agency located within San Mateo County that provides solid waste and recyclables processing services for its Members; nothing in this MOU precludes the SBWMA from assisting its Member Agencies with the Tasks described in this MOU.
2. Services to be Performed by the County
A. The County shall create and coordinate an Edible Food Recovery Program compliant with California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants on behalf of the Town of Portola Valley so long as this Memorandum of Understanding is in effect in its entirety.
B. The County shall provide such services and activities for the Town of Portola Valley as described in Exhibit A, attached hereto and incorporated by reference herein.
C. The County shall offer only to provide services relating directly to the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants Edible Food Recovery regulations with the exception of a yearly analysis to be conducted by the County to estimate the amount of Green House Gas (GHG) emissions reduction to be attributed to edible food recovery activities in the Town of Portola Valley for use in their climate action plans.
3 D. The County shall provide the Town of Portola Valley with the information and data necessary for the Town of Portola Valley to make their required reports to CalRecycle.
E. The County will not be obligated to provide services if modifications are made to the ordinance by the Town of Portola Valley, which omits existing provisions and/or reduces the impact of the ordinance in any way.
3. Consideration
The benefit of this MOU to the Town of Portola Valley is that it alleviates the need for staff, cost analysis, capacity assessment, expenditures for infrastructure, labor, administration, and record keeping for the edible food recovery activities in their jurisdiction.
The benefit of this MOU to both the County and the Town of Portola Valley is that this approach will create one uniform, standardized, and coordinated effort throughout the incorporated and unincorporated areas of San Mateo County.
4. Relationship of Parties
It is expressly understood that this is an agreement between two independent entities, the County and the Town of Portola Valley, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent by both the County and the Town of Portola Valley is to create an independent collaborative relationship.
5. Hold Harmless
A. Except as provided in subsection b. below, the [Town of Portola Valley] shall indemnify and save harmless the County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Memorandum of Understanding, brought for, or on account of, any of the following:
a) Injuries to or death of any person, including the [Town of Portola Valley] or its employees/officers/agents;
b) Damage to any property of any kind whatsoever and to whomsoever belonging; or c) Any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of the County and/or its officers, agents, employees, or servants. However, the [Town of Portola Valley]’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which the County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.
The duty of the [Town of Portola Valley] to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
B. With respect to coordinating, implementing, and/or enforcing the required edible food recovery regulations for those “Large Events” (as defined by the California Code of
4 Regulations, Title 14, Division 7, Chapter 12) occurring in the [Town of Portola Valley] pursuant to section 1.A.d. above,
a) The County shall indemnify, defend, and hold harmless the [Town of Portola Valley] and its officers, agents, employees, and servants against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent that they arise out of the negligence or willful misconduct of County staff arising out of coordinating, implementing, and/or enforcing the required edible food recovery regulations for those Large Events occurring in the [Town of Portola Valley].
b) The [Town of Portola Valley] shall indemnify, defend, and hold harmless the County and its officers, agents, employees, and servants against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent they arise out of the negligence or willful misconduct of [Town of Portola Valley] staff arising out of coordinating, implementing, and/or enforcing the required edible food recovery regulations for those Large Events occurring in the [Town of Portola Valley].
C. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim.
The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party’s prior written approval, which will not to be unreasonably withheld, conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs and expenses.
D. The obligations imposed by this section shall survive termination or expiration of the Memorandum of Understanding.
6. Amendment of MOU and Merger Clause
This MOU, including the Exhibit attached hereto and incorporated herein by reference, constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit
5 and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by both parties.
7. Records
The County shall maintain and preserve all records relating to this MOU in its possession and those of any third-party performing work related to this MOU for a period of five (5) years from the termination of this MOU.
8. Assignability
The County shall have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act required under this MOU without the prior written consent of the Jurisdiction.
9. Notices
Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed:
In the case of the County, to:
Carolyn Bloede, Director
County of San Mateo Office of Sustainability
455 County Center, 4th Floor
Redwood City, CA 94065
Email: [email protected]
In the case of the Jurisdiction, to:
Town Manager
Town of Portola Valley
665 Portola Road
Portola Valley, CA 94028
Email: [email protected]
10. Controlling Law and Venue
The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Mateo.
11. Term and Termination
6 Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on January 1, 2022 and shall automatically be renewed from year to year on the same terms and conditions. This MOU may be terminated without cause by the Town of Portola Valley or the County’s Director of Office of Sustainability or the Director’s designee at any time upon thirty (30) days written notice to the other party.
12. Authority
The parties warrant that the signatories to the MOU have the authority to bind their respective entities.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
COUNTY OF SAN MATEO TOWN OF PORTOLA VALLEY
By:____________________________ By:____________________________ Carolyn Bloede Jeremy Dennis
Town Manager
Director, Office of Sustainability
Date: __________________________ Date: __________________________ Approved as to Form:
By:____________________________
Cara Silver
Town Attorney
7 EXHIBIT A - SCOPE OF ACTIVITIES
The activity listed below relating to the County of San Mateo’s Edible Food Recovery Program will be conducted by the County and the Town of Portola Valley.
I. Establishment
1. The County will develop and coordinate a standardized and uniform San Mateo Countywide Edible Food Recovery Program consistent with and compliant to California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The program will operate within the Town of Portola Valley’s boundaries and replace the need for the Town of Portola Valley to create such a program on their own. This program will operate in the unincorporated areas of the county as well as all jurisdictions in the county agreeing to similar MOUs.
II. Enforcement
1. The County will conduct enforcement of the ordinance within the Town of Portola Valley using a complaint-based system consistent with the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The County will respond to complaints, investigate, and resolve reported issue(s).
2. The County will follow enforcement provisions detailed in the ordinance and described in the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants.
3. The County will keep detailed records of enforcement in the Town of Portola Valley for a minimum of five (5) years.
4. The County will provide the necessary records to the Town of Portola Valley for the Town of Portola Valley’s required reporting about Edible Food Recovery work to CalRecycle.
5. The County will notify the Town of Portola Valley promptly about any related issues that arise that require the Town of Portola Valley’s assistance or to request the Town of Portola Valley lead in resolving the issue(s) related to noncompliance.
6. The Town of Portola Valley will work with the County on any related issues requiring jurisdictional assistance or lead in resolving the issue(s) related to complaints and/or noncompliance by any Tier 1 and Tier 2 Edible Food Generator or Food Recovery Organization and Service as defined in the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants and operating within the Jurisdiction’s boundaries.
1 TOWN OF PORTOLA VALLEY
Policy Concerning Environmentally Preferable Purchasing & Practices Adopted by Town Council on October 27, 2021
1.0 PURPOSE
This policy is intended to encourage the purchase and use of environmentally preferable products and services by Town staff, elected officials, volunteers, consultants and contractors.
This Policy is adopted in order to:
Raise awareness about the environmental issues affecting procurement by providing relevant information and training;
Conserve natural resources;
Minimize environmental impacts such as pollution and use of water and energy;
Eliminate or reduce toxics that create hazards to workers and our community; Promote overall human health and well-being;
Support strong recycling markets;
Reduce materials that are landfilled;
Increase the use and availability of environmentally preferable products that protect the environment;
Encourage suppliers and contractors to offer environmentally preferable products and services at competitive prices;
Encourage providers of services to consider environmental impacts of service delivery;
Create a model for successfully purchasing environmentally preferable products and services that encourages other purchasers in our community to adopt similar goals;
Through the reduction of greenhouse gas emissions, minimize the Town’s contribution to global climate change; and
Address the Recovered Organic Waste Product and Recycled-Content Paper procurement requirements pursuant to SB 1383 Regulations.
2.0 DEFINITIONS
2.1 Annual Recovered Organic Waste Product Procurement Target: means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the Town of Portola Valley is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the Town of Portola Valley’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to The Town of its Annual Recovered Organic Waste Product Attachment 3
■
■
■
■
■
■
■
■
■
■
■
■
■
2 Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the Jurisdiction
2.2 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 or as otherwise defined in 14 CCR Section 17896.2(a)(4).
2.3 Direct Service Provider: means a person, company, agency, district, or other entity that provides a service or services to Jurisdiction pursuant to a contract or other written agreement.
2.4 Environmentally Preferable: A product or service that has a lesser or reduced negative effect on human health and the environment when compared with competing products and services that fulfill the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, and product disposal.
2.5 Lead Staff Person: A Town Employee designated by the Town manager to oversee the implementation and record keeping required by this document. Includes other relevant and necessary personal.
2.6 Mulch: means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
2.6.1 Produced at one of the following facilities:
2.6.1.1 A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
2.6.1.2 A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or,
2.6.1.3 A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
3 2.7 Paper Products: include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling
2.8 Practicable: Whenever possible and compatible with local, state and federal laws, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time.
2.9 Procure Recovered Organic Waste Products: shall mean purchase or acquire (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the Town or others.
The Town’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the Town or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the Town’s behest.
2.10 Recovered Organic Waste Products: products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
2.11 Recyclable Product: A product that, after its intended end use, can be diverted from the Town’s solid waste stream for use as a raw material in the manufacture of another product.
2.12 Recycled Content Product: A product containing recycled material.
2.13 Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper: means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code
2.14 Renewable Gas: means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
2.15 Reusable Product: A product, such as a washable food or beverage container or a refillable ballpoint pen, that can be used several times for an intended use before being discarded or recycled.
4 2.16 S.B. 1383: 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.
2.17 State MWELO Standards: Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015.
2.18 State: The State of California.
2.19 The Town: The Town of Portola Valley
2.20 Universal Waste: A product that cannot be disposed of in the normal recycling and waste stream (e.g., spent fluorescent light tubes and bulbs, electronic equipment and batteries).
3.0 POLICY
3.1 General
3.1.1 It is the policy of the Town of Portola Valley to:
Purchase products and services that, to the greatest extent practicable, minimize environmental impacts, toxics, pollution, and hazards to workers and the community; and
Purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine-free manufacturing processes, are lead-free and mercuryfree and use wood from sustainably harvested forests; Procure Recovered Organic Waste Products to meet the Annual Recovered Organic Waste Product Procurement Target outlined in SB 1383.
3.1.2 Nothing contained in this policy shall be construed as requiring a purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.
5 3.1.3 Nothing contained in this policy shall be construed as requiring the Town, purchaser or contractor to take any action that conflicts with local, state or federal requirements.
3.1.4 This Policy is set to meet, if not surpass, all specific Recovered Organic Waste Product procurement , record keeping and penalty requirements in S.B. 1383, including but not limited to the standards within this document.
3.2 Source Reduction, Recycling, & Disposal
3.2.1 Whenever practicable and cost-effective, without reducing safety, workplace productivity and/or effectiveness, the Town will reduce waste, and purchase fewer products.
3.2.2 Whenever practicable, without reducing safety, workplace productivity and/or effectiveness, the Town will purchase remanufactured products such as laser toner cartridges, tires, furniture, equipment, automotive parts and supplies.
3.2.3 Whenever practicable, the Town shall require all equipment bought after the adoption of this policy to be compatible with source reduction, recycling and disposal goals as referred to in section 3.2.
3.2.4 Prior to purchasing products or services, the Town will consider their short- and long-term costs in comparing alternatives. This includes evaluation of total costs expected during the period of ownership, including, but not limited to acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.
3.2.5 Preference will be given to products that are durable, long lasting, reusable or refillable.
3.2.6 Vendors will be encouraged to take back and reuse pallets and packaging materials.
3.2.7 Whenever practicable, all documents shall be printed and copied on both sides to reduce the use and purchase of paper. The default setting on all Town printers shall be set to duplex.
3.2.8 The Town shall clearly label and co-locate recycle bins next to all garbage receptacles in all areas that generate waste and recycling.
Whenever possible, garbage liners shall be reused. Cleaning staff, whether in-house or contracted, shall be provided training and required to keep recycling and waste separated and disposed of in the proper bins in the Town’s Corporation Yard.
6 3.2.9 The Town shall properly store and recycle “Universal Wastes” as required by law. A storage area for spent Universal Wastes will be designated and a sign will be posted notifying employees of this area.
3.2.10 Whenever practicable, the Town shall take electronic equipment to a certified “e-Steward” for responsible recycling (www.estewards.org).
3.2.11 All used copier and printer toner and ink cartridges shall be recycled.
3.2.12 The Town shall maintain a supply of reusable dishware for the breakroom and no individual bottles of water shall be purchased for use by employees or guests.
3.2.13 Whenever possible, the Town shall donate, sell, exchange unwanted but usable items including furniture, electronics, office supplies, etc. in accordance with any existing Town policies on the retirement of equipment and assets.
3.3 Recycled Content Products
3.3.1 Copiers and printers will be compatible with recycled content materials and supplies.
3.3.2 Whenever practicable, the Town will use recycled, reusable or reground materials when specifying asphalt concrete, aggregate base or Portland cement concrete for road construction projects.
3.3.3 Whenever practicable, the Town will specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, and barricades.
3.3.4 Whenever possible, the Town will purchase paper products with the highest postconsumer waste (PCW) recycled content, with a minimum of thirty percent (30%). This includes, but is not limited to:
3.3.4.1 Copy/printer paper, office supplies, and janitorial paper products.
3.4 Energy and Water Savings
3.4.1 Where applicable, equipment will be purchased with the most upto-date energy-efficiency functions. This includes, but is not limited to, high-efficiency space heating systems and high efficiency space cooling equipment.
7 3.4.2 Whenever practicable, the Town shall purchase computers, laptops and monitors that are EPEAT certified (www.epeat.net).
3.4.3 Whenever practicable, the Town will purchase the most up-to-date water efficient products, equipment and devices.
3.4.4 Whenever practicable, the Town will require employees to shut down their computers and auxiliary equipment before leaving work for the day.
3.4.5 To measure and track energy and water consumption, the Town will enter building utility use data into the EPA’s online Energy Star Portfolio Manager. The Town shall look for opportunities to reduce energy and water consumption based on this data.
3.5 Requirements for Direct Service Providers
3.5.1 Direct Service Providers of landscaping maintenance, renovation, and construction shall:
3.5.1.1 Use Compost and Mulch, as practicable, produced from recovered Organic Waste, for all landscaping renovations, construction, or maintenance performed for the Town. Whenever available, and capable of meeting quality standards and criteria specified. Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section
17852(a)(24.5)(A)(1) through (3).
3.5.1.2 Direct Service Providers subject to the Town’s WELO pursuant to Chapter 15.32 of the Town’s Municipal Code, must comply with the more stringent of the following, the Town’s Green Building Ordinance, the Landscaping requirements of the Town’s Environmentally Preferable Purchasing and Practices, or State MWELO Standards.
3.6 Green Building - Construction and Renovations
3.6.1 Where appropriate, building and renovations undertaken by the Town will follow the most up-to-date Green Building design, construction, and operation practices including any applicable regulations in the Town’s Green Building Ordinance, current Building Code and CalGreen Code.
8 3.7 Landscaping
3.7.1 Whenever possible, all landscape renovations, construction and maintenance undertaken by the Town, including workers and contractors providing landscaping services, will employ BayFriendly Landscaping or sustainable landscape management techniques for design, construction and maintenance, including, but not limited to, integrated pest management, grass cycling, drip irrigation, composting, and procurement and use of mulch and compost produced from regionally generated plant debris and/or food waste programs.
3.7.2 Plants should be selected to minimize waste by choosing species that are appropriate to the microclimate, can grow to their natural size in the space allotted them, and are perennial rather than annual. Native and drought-tolerant plants that require no or minimal watering once established are preferred.
3.7.3 Wherever practicable, the Town will limit the amount of impervious surfaces in the landscape. Hardscapes and landscape structures constructed of recycled content materials are encouraged.
Permeable substitutes, such as permeable concrete, asphalt or pavers are encouraged for walkways, patios and driveways.
3.8 Toxics and Pollution
3.8.1 Whenever practicable, use low toxic cleaning products in nonaerosol containers that are on the SF Approved list (www.sfapproved.org), Green Seal Certified (www.greenseal.org) or receive at least an 8.1 on the GoodGuide (www.goodguide.com).
No cleaning or disinfecting products (i.e. for janitorial or automotive use) will contain ingredients that are carcinogens, mutagens, or teratogens. These include chemicals listed by the U.S. EPA or the National Institute for Occupational Safety and Health on the Toxics Release Inventory and those listed under Proposition 65 by the California Office of Environmental Health Hazard Assessment.
3.8.2 The use of chlorofluorocarbon-containing refrigerants, solvents and other products will be phased out and new purchases will not contain them.
3.8.3 All surfactants and detergents will be readily biodegradable and, where practicable, will not contain phosphates. No products will be used that contain added antibacterial agents, such as triclosan.
This includes products used for handwashing, dishwashing and cleaning.
9 3.8.4 Whenever practicable, the Town will manage pest problems through prevention and physical, mechanical and biological controls and contract only with pest control providers that possess an Integrated Pest Management Certification, such as those listed at www.ecowisecertified.com.
3.8.5 The Town will use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, adhesives, furniture and casework.
3.8.6 Whenever possible, the Town will reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:
3.8.6.1 Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives.
3.8.6.2 Prohibiting purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, flooring, and medical supplies.
3.8.7 Whenever possible, the Town will purchase products and equipment with no lead or mercury. For products that contain lead or mercury, The Town will give preference to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs.
3.8.8 When replacing vehicles, The Town will consider less-polluting alternatives such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available.
3.9 Forest Conservation
3.9.1 Whenever practicable, the Town will procure wood products such as lumber and paper that originate from forests harvested in an environmentally sustainable manner. When possible, the Town will give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system will include independent third-party audits, with standards equivalent to, or stricter than those of the Forest Stewardship Council certification.
3.10 Agricultural Bio-Based Products
3.10.1 Whenever practicable, vehicle fuels made from non-wood, plantbased contents such as vegetable oils are encouraged.