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TOWN OF LOS GATOSTOWN COUNCIL MEETING

NOVEMBER 15, 2016110 EAST MAIN STREET

LOS GATOS, CA

PARTICIPATION IN THE PUBLIC PROCESS

The Town of Los Gatos strongly encourages your active participation in the public process, which isthe cornerstone of democracy. If you wish to speak to an item on the agenda, please complete a“speaker’s card” located on the back of the chamber benches and return it to the Clerk Administrator. If you wish to speak to an item NOT on the agenda, you may do so during the “verbalcommunications” period. The time allocated to speakers may change to better facilitate the TownCouncil meeting

The purpose of the Town Council meeting is to conduct the business of the community in an effectiveand efficient manner. For the benefit of the community, the Town of Los Gatos asks that you followthe Town’s meeting guidelines while attending Town Council meetings and treat everyone withrespect and dignity. This is done by following meeting guidelines set forth in State law and in theTown Code. Disruptive conduct is not tolerated, including but not limited to: addressing the TownCouncil without first being recognized; interrupting speakers, Town Council or Town staff; continuingto speak after the allotted time has expired; failing to relinquish the podium when directed to do so;and repetitiously addressing the same subject.

Deadlines for Public Comment and Presentations are as follows: Persons wishing to make an audio/visual presentation on any agenda item must submit the

presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00p.m. on the day of the Council meeting.

Persons wishing to submit written comments to be included in the materials provided to TownCouncil must provide the comments as follows:o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meetingo For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meetingo For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting

Barbara Spector, MayorMarico Sayoc, Vice Mayor

Marcia Jensen, Council MemberSteven Leonardis, Council Member

Rob Rennie, Council Member

Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m.

Live & Archived Council Meetings can be viewed by going to:www.losgatosca.gov/Councilvideos

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE

TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]

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TOWN OF LOS GATOSTOWN COUNCIL MEETING

NOVEMBER 15, 2016

7:00 PM

MEETING CALLED TO ORDER AT 7:00 P.M.

ROLL CALL

PLEDGE OF ALLEGIANCE

Emiliano Mejia, Fisher Middle School

COUNCIL/TOWN MANAGER REPORTS

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Before the Town Councilacts on the consent agenda, any member of the public or Town Council may request that any item beremoved from the consent agenda. At the Mayor’s discretion, items removed from the consentcalendar may be considered either before or after the Public Hearings portion of the agenda)

1. Approve Council minutes of November 1, 2016 Staff Report

2. Adopt an Ordinance of the Town Council of the Town of Los Gatos Amending Town Code Chapter14 Article XI. – Massage Therapy Establishments and Massage Therapy Practitioners Staff Report Attachment 1 - Ordinance

3. Adopt an Ordinance of the Town Council of the Town of Los Gatos Amending Town CodeA-16-001: Repealing and Replacing Chapter 6, Building Regulations, and Chapter 9, FirePrevention and Protection, of the Town of Los Gatos Municipal Code By Adopting the New 2016California Building and Fire Codes, As Amended Staff Report Attachment 1 - Ordinance Adopting new Building & Fire CodesAttachment 2 - Resolution making Findings for modifying CA Codes

4. Hazardous vegetation abatement (weeds)A. Adopt a resolution declaring weeds a public nuisance and providing for their abatement.B. Set January 17, 2017 as the public hearing date for this annual program.C. Authorize the Town Manager to execute an eighth amendment to the agreement with theCounty of Santa Clara for the abatement of weeds. Staff ReportAttachment 1 - Hazardous Vegetation Abatement (weeds) - ResolutionAttachment 2 - Eighth Amendment to AgreementAddendum Attachment 3 to Addendum 2

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5. Pageant Way Parking Lot Project 817-0707A. Authorize the Town Manager to award and execute a construction agreement (Attachment 1)with Bortollotto and Company in an amount not to exceed $150,150 plus a ten percentcontingency for a total contract amount not to exceed $165,165 for the Pageant Way Parking LotProject 817-0707.B. Approve a budget adjustment and the appropriation of $34,414 from Fiscal Year 15/16 year endsavings to support funding the Pageant Way Parking Lot Project. Staff ReportAttachment 1 - Construction Agreement 2016Attachment 2 - Bid SummaryAddendum

6. Approve a labor agreement between the Town of Los Gatos and Association of Federal, State,County and Municipal Employees (AFSCME) for the period July 1, 2016 through June 20, 2018 andauthorize the Town Manager to execute the Memorandum of Understanding. Staff ReportAttachment 1 - AFSCME MOU

VERBAL COMMUNICATIONS (Members of the public may address the Town Council on anymatter that is not listed on the agenda. Unless additional time is authorized by the Town Council,remarks shall be limited to three minutes.)

APPOINTMENT OF MAYOR AND VICE MAYOR

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Councilvotes for an extension of time)

RECEPTION FOR MAYOR AND VICE MAYOR

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Writings related to an item on the Town Council meeting agenda distributed to members of theCouncil within 72 hours of the meeting are available for public inspection at the front desk of theLos Gatos Town Library, located at 100 Villa Avenue, and are also available for review on theofficial Town of Los Gatos website. Copies of desk items distributed to members of the Council atthe meeting are available for review in the Town Council Chambers

Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6;litigation challenging a decision of the Town Council must be brought within 90 days after the

decision is announced unless a shorter time is required by State or Federal law.

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DRAFT Town Council Meeting 11/15/16 Item #1

MINUTES OF THE TOWN COUNCIL MEETING NOVEMBER 1, 2016

The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, November 1, 2016, to hold a Closed Session at 6:00 p.m., and a Regular Meeting at 7:00 p.m.

CLOSED SESSION – 6:00 P.M. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)]

Title: Town Attorney CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)

Town Negotiator: Lisa Velasco, Human Resources Director Unrepresented Employee: Town Attorney

MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia Jensen, Council Member Steve Leonardis, Council Member Rob Rennie. Absent: None

PLEDGE OF ALLEGIANCE Lucas Raspe led the Pledge of Allegiance. The audience was invited to participate.

PRESENTATIONS Mayor Spector presented the Certificate of Achievement for Excellence in Financial Reporting (CAFR) (Fiscal Year Ending: 2015) to Stephen Conway, Director of Finance. Mayor Spector presented a Small Business, Big Applause Commendation to Blvd Coffee. Humberto and Christina Olvera, owners, thanked the Town for their support. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report.

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2 Town Council Meeting Minutes November 1, 2016

COUNCIL/TOWN MANAGER REPORTS

Council Matters - Council Member Marcia Jensen stated she attended the Santa Clara Valley Water District

Board meeting and Policy meeting; along with the Vice Mayor she attended the Council Policy Committee meeting, the Chamber of Commerce Annual Dinner, and the Silicon Valley Brokers breakfast.

- Council Member Rob Rennie stated he attended the Cal LAFCO Conference as the voting representative of the Cities Association.

- Mayor Barbara Spector stated she attended the General Plan Committee (GPC) along with the Vice Mayor, and she along with Superior Court Judge Phil Pennypacker and Supervisor Mike Wasserman were judges for costumes for dogs at the fundraiser event for Butcher Park.

- Vice Mayor Marico Sayoc stated she had nothing additional to report. - Council Member Steve Leonardis stated he had nothing to report.

Manager Matters - A series of Almond Grove community meetings is coming up to discuss the Phase II Streets

and the potential need to remove some trees. The first meeting is November 2nd and will be focused on Tait Avenue; the second meeting is November 8 and will be focused on Almendra Avenue; the third meeting is November 10 and will be focused on all the other streets. All meetings are 6:00 to 8:00 p.m. at the Police Operations Building on Los Gatos Blvd.

- A Community Meeting is scheduled to discuss the recent water bill rates on November 14 in the Council Chambers at 6:00 p.m.

- Applications for adult Commissioners are being accepted and the deadline to apply is November 18, 5:00 p.m.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of October 18, 2016. 2. Adopt resolution authorizing the continued use of Supplemental Local Law Enforcement

Services funds (SLESF) to provide funding for two (2) full-time Police officers assigned as motorcycle traffic. RESOLUTION 2016-061

3. Townwide Traffic Signal System Upgrade Project. a. Accept a vehicle registration fee grant from the Valley Transportation Authority to

upgrade traffic signals Townwide. b. Authorize a budget adjustment in the amount of $500,000 to recognize receipt and

use of grant funds. c. Authorize the Town Manager to execute all future grant documents and agreements

with VTA. Angelia Doerner pulled Item #3.

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Consent Items – continued MOTION: Motion by Council Member Steve Leonardis to approve Consent Items 1

and 2. Seconded by Council Member Marcia Jensen.

VOTE: Motion passed unanimously. Pulled Consent Item #3 3. Townwide Traffic Signal System Upgrade Project.

a. Accept a vehicle registration fee grant from the Valley Transportation Authority to upgrade traffic signals Townwide.

b. Authorize a budget adjustment in the amount of $500,000 to recognize receipt and use of grant funds.

c. Authorize the Town Manager to execute all future grant documents and agreements with VTA.

Matt Morley, Director of Parks and Public Works, presented the staff report. Opened Public Comment. Angelia Doerner - Inquired what the bidding process is and how does a consultant get selected similar to

other items; requested that these type of items be put on the consent calendar for Council approval instead of allowing the Manager to approve.

Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to A) Accept a vehicle

registration fee grant from the Valley Transportation Authority (VTA) to upgrade traffic signals Townwide as per discussion; B) Authorize a budget adjustment in the amount of $500,000 to recognize receipt and use of grant funds; and C) Authorize the Town Manager to execute all future grant documents and agreements with VTA with the understanding that when it comes to the point of spending funds it will come back to Council for approval. Seconded by Mayor Barbara Spector.

VOTE: Motion passed unanimously.

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VERBAL COMMUNICATIONS Bonnie Broderick, Santa Clara County Public Health representative - Invited Council to the 2016 Healthy Cities Conference on Friday, November 18, 2016 from

9:30 to 1:00 p.m. at the Tech Museum of Innovation in downtown San Jose. Kim - Commented on the lack of landlines in Town and that the community could possibly add

pay phones for emergency purposes, and possibly have some type of event for emergency preparedness.

OTHER BUSINESS 4. Receive an update on the Town’s Street Pavement Management Program. Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner - Questioned the validity of the QES report for the PCI and cost per square foot to repair.

Closed Public Comment. Council discussed the matter. Direction to staff: When this item comes back to Council, provide a definition of the three types of streets, identify which streets fit under which category, and provide a metric for the decision making process. 5. Receive a report on efforts in Santa Clara County regarding a minimum wage increase and

provide direction on next steps. Monice Renn, Economic Vitality Manager, presented the staff report. Opened Public Comment. Patti Rice, The Spa-Los Gatos - Commented on the challenges and costs to implement the changes to small businesses;

requested the Town follow the State guidelines and not adopt the Cities Association recommendation.

Closed Public Comment. Council discussed the matter.

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Other Business Item #5 – continued MOTION: Motion by Council Member Steve Leonardis to accept the information in

the report but not to take any action at this time, and defer to the State guidelines. Seconded by Council Member Marcia Jensen.

VOTE: Motion passed unanimously. PUBLIC HEARINGS 6. Town Code Amendment A-16-001: Introduce an Ordinance repealing and replacing Chapter

6, Building Regulations, and Chapter 9, Fire Prevention and Protection, of the Town of Los Gatos Municipal Code by adopting the new 2016 California Building and Fire Codes, as amended.

Joel Paulson, Director of Community Development, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to introduce the Ordinance

effecting the Amendments of Town Code Amendment A-16-001 and make the required findings that the amendments are consistent with the General Plan and its elements and that the Amendments are exempt from the California Environmental Quality Act [Section 15061 (D)(3)]; and waive the reading of the Ordinance and direct the Clerk Administrator to read the title of the proposed Ordinance. Seconded by Council Member Steve Leonardis.

VOTE: Motion passed unanimously. The Clerk Administrator read the title of the Ordinance. 7. Adopt a resolution approving the Town’s Long Term Debt Policy, and adopt a resolution

approving the Town’s Investment Policy. RESOLUTIONS 2016-062 and 2016-063 and POLICIES 4-01 and 4-02

Steve Conway, Director Finance, presented the staff report. Opened Public Comment.

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Public Hearing Item #7 – continued Jak Van Nada - Commented on ideas to develop the depth and dimension of addressing the unfunded

pension liabilities and potential debt. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to adopt the resolution

approving the Long Term Debt Policy contained in Attachment 5, and the resolution approving the Investment Policy contained in Attachment 4. Seconded by Council Member Steve Leonardis.

VOTE: Motion passed unanimously. 8. Adopt an Ordinance of the Town Council of the Town of Los Gatos amending Town Code

Chapter 14 Article XI. - Massage Therapy Establishments and Massage Therapy. (continued from October 18, 2016)

Robert Schultz, Town Attorney, presented the staff report. Opened Public Comment. Patti Rice, The Spa-Los Gatos - Requested that current employees be granted additional time to obtain the required 500

hours. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to introduce the Ordinance

amending Town Code Chapter 14 Article XI. - Massage Therapy Establishments and Massage Therapy, waive the reading of the Ordinance, and direct the Clerk Administrator to read the title of the proposed Ordinance. Seconded by Mayor Barbara Spector.

VOTE: Motion passed unanimously. The Clerk Administrator read the title of the Ordinance.

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Public Hearing Item #9 – continued Mayor Barbara Spector and Vice Mayor Sayoc recused themselves from Item #9 due to proximity. Council Member Steve Leonardis assumed Chair for the remaining item. Recess at 8:57 p.m. Reconvened at 9:02 p.m. 9. Conditional Use Permit Application U-16-004. Project Location: 50 University Avenue, Suite

180. Property Owner: SRI Old Town LLC. Applicant: Steve Hauck, Wine Cellar. Consider a request to modify an existing conditional use permit for a restaurant (Wine Cellar) to allow for an increase of 60 additional seats, to modify the distribution of existing seating, and to allow indoor entertainment before 10:00 p.m. on property zoned C-2:LHP:PD. APN 529-02-044. RESOLUTION 2016-064

Jocelyn Puga, Associate Planner, presented the staff report. Opened Public Comment. Steve Hauck and Lisa Hauck, applicants, commented on the project. Paul Matlich - Expressed concern on the increase of seating and lack of parking.

Steve Hauck, applicant - Addressed comments.

Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Marcia Jensen to accept the Planning

Commission’s recommendation to approve the Conditional Use Permit (CUP) application with modified conditions for a restaurant (Wine Cellar) to allow for an increase of 60 additional seats, modify the distribution of existing seating, allow indoor entertainment before 10:00 p.m. in conformance with the new Entertainment Policy, and it come back in six months for an administrative review by staff to determine that it is working as it is intended. Seconded by Council Member Rob Rennie.

VOTE: Motion passed unanimously.

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ADJOURNMENT The meeting adjourned at 9:17 p.m. Attest:

_____________________________________

Shelley Neis, Clerk Administrator

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PREPARED BY: ROBERT SCHULTZ Town Attorney Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 2

DATE: NOVEMBER 3, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: ROBERT SCHULTZ, TOWN ATTORNEY

SUBJECT: ADOPT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN CODE CHAPTER 14 ARTICLE XI. - MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPY PRACTIONERS

RECOMMENDATION: Adopt ordinance that was introduced at the Town Council meeting of November 1, 2016, amending Chapter 14 Article XI to the Los Gatos Town Code relating to Massage Establishments. BACKGROUND: On November 1, 2016, the Council considered and voted to introduce an Ordinance (Attachment 1) amending Chapter 14 Article XI to the Los Gatos Town Code relating to Massage Establishments. The Council introduced the Ordinance as drafted with minor changes. DISCUSSION: In 2008, the State signed into law the Massage Therapy Law, creating a statewide system for issuing massage worker permits and shifted government regulation from local governments to the CAMTC. The Massage Therapy law preempted most local land use, zoning and operational regulations relating to massage therapists and practitioners certified by the CAMTC and massage establishments that exclusively employ certified massage therapists and practitioners. Recently, the law changed to allow more local regulation by authorizing the Town to adopt and enforce zoning regulations specific to massage establishments that do not necessarily apply to all other licensed professionals.

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PAGE 2 OF 2 SUBJECT: TOWN CODE AMENDMENT : MASSAGE ESTABLISHMENT NOVEMBER 3, 2016

S:\COUNCIL REPORTS\2016\11-15-16\02 Massage\02 Staff Report FINAL.docx

DISCUSSION (Cont’d): The Town Attorney's Office has drafted an ordinance to amend portions of Chapter 14, Article XI to ensure the future health, safety, and general welfare of the town's citizens. Attachment 1 is the proposed amended Ordinance. The amended Ordinance ensures CAMTC therapists are regulated to the greatest extent possible by requiring Massage Establishment Licenses. Should the Council adopt the ordinance, the new provisions would take effect in thirty days. Staff will coordinate with businesses regarding the change in the law. Attachments:

1. Ordinance amending Massage Establishment Ordinance

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ORDINANCE NO.

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING TOWN CODE CHAPTER 14 ARTICLE XI. - MASSAGE THERAPY

ESTABLISHMENTS AND MASSAGE THERAPY PRACTIONERS

WHEREAS, the Town currently regulates the practice of massage and the operation of

Massage Establishments for the benefit of the public health, safety and welfare; and

WHEREAS, Business and Professions Code section 4600 et seq. (enacted by SB 731 in

2008 and amended by AB 619 in 2011) created a statewide permitting system administered by

the California Massage Therapy Council for issuing massage worker permits, thereby

preempting local permitting systems and requirements; and

WHEREAS, in January 2015, the State of California adopted Assembly Bill 1147 ("AB

1147"), an act to amend Section 460 of, and to add and repeal Chapter 10.5 (commencing with

Section 4600) of Division 2 of the Business and Professions Code, and to amend Section 51034

of the Government Code, relating to healing arts. The State law authorizes the Town of Los

Gatos to adopt and enforce local ordinances that govern zoning, business licensing, and

reasonable health and safety requirements for establishments and businesses of a licensed or

certified healing arts professional, including a certified Massage Therapist. The law also made

clarifying and conforming changes regarding local regulation of Massage Establishments and

businesses; and

WHEREAS, the Business and Professions Code continues to allow certain local

regulation of Massage Establishments and, to enable the Town of Los Gatos to carry out such

local regulation and review of Massage Establishments found in Business and Professions Code

section 4600 et seq., the Town must amend its Massage Establishment regulations.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

DOES ORDAIN AS FOLLOWS:

SECTION I.

Los Gatos Town Code Chapter 14 Article XI – Massage Therapy Establishments and

Massage Therapy Practioners is hereby repealed and reenacted to read as follows:

ARTICLE XI - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTIONERS

Sec. 14.110.014. - Purpose and intent.

Sec. 14.110.015. - Definitions.

Sec. 14.110.020. - Exemptions.

Sec. 14.110.025. - Permit/certification requirements.

Sec. 14.110.035. - Applications for Massage Establishment Permit.

Sec. 14.110.040. - Grant or denial of application for Massage Establishment Permit.

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Sec. 14.110.045. - Business license.

Sec. 14.110.046. - Massage Therapist and Massage Practitioner registration.

Sec. 14.110.047. - Notice of employees' status.

Sec. 14.110.050. - Operating requirements for Massage Establishments.

Sec. 14.110.055. - Sanitation requirements/condition of premises.

Sec. 14.110.060. - Prohibited acts.

Sec. 14.110.065. - Out-call massage services.

Sec. 14.110.070. - Transfer of Massage Establishment Permit.

Sec. 14.110.075. - Expiration and renewal of Massage Establishment Permit; payment of

renewal fee.

Sec. 14.110.080. - Suspension and revocation of Massage Establishment Permit.

Sec. 14.110.085. - Criminal penalties.

Sec. 14.110.090. - Inspection by officials.

Sec. 14.110.095. - Massage Establishment operated in violation of this Article XI deemed

a public nuisance.

Sec. 14.110.100. - Application of this Article XI to pre-existing Massage Establishments.

Sec. 14.110.014. - Purpose and intent.

(a) Purpose.

(1) The Town of Los Gatos is authorized to regulate Massage Establishments pursuant to

Government Code Section 51030 et seq., Business and Professions Code Sections 460 and 4600

et seq. and Section 7 of Article XI of the California Constitution.

(2) In enacting these regulations, the Town of Los Gatos Town Council (hereafter

referred to as "Town Council") recognizes that massage is a viable professional healing art

offering the public valuable health and therapeutic services.

(3) It is the purpose and intent of the Town Council that the operation of Massage

Establishments and persons offering massage be regulated in the interests of public health,

safety, and welfare by providing minimum building, sanitation, and health standards and to

ensure that persons offering massage shall possess the minimum qualifications necessary to

operate such businesses and to perform such services offered.

(4) It is the purpose and intent of this Article XI to articulate regulations to ensure that

persons offering massage services are qualified and trained and can be expected to conduct their

work in a lawful and professional manner.

(5) Specifically, the regulations in this Article are intended to reduce or prevent blight,

protect and preserve the quality of commercial and residential properties, protect and preserve

the quality of life in the Town of Los Gatos, deter criminal activity, enhance enforcement of

criminal statutes, and prevent commercial sexual exploitation and human trafficking.

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(b) Conflicts with other provisions of this Code. In the event of any conflicts or

inconsistencies between the provisions of this Article XI and the remaining provisions of this

Chapter 14 or with the provisions of any other chapter(s) of the Town Code, the provisions of

this Article XI shall control, unless to do so would be inconsistent with the stated purpose of this

Article XI. Any Massage Establishment is further regulated pursuant to Chapter 29 of this Code.

(c) Responsibility for enforcement. The primary responsibility for enforcement of the

provisions of this Article XI shall be vested in the Chief of Police.

Sec. 14.110.015. - Definitions.

For purposes of this Article XI, the following words, terms and phrases are defined as

follows:

California Massage Therapy Council (CAMTC) means the California Massage Therapy

Council created pursuant to Chapter 10.5 of Division 2 of the California Business and

Professions Code.

Certified Massage Therapist or CMT means a person who holds a current and valid

CAMTC certification as a Massage Therapist.

Certified Massage Practitioner or CMP means a person who holds a current and valid

CAMTC certification as a Massage Practitioner.

For compensation means the exchange of massage for money, goods or services. An

establishment or person cannot avoid the requirements of this Article by offering free massage in

conjunction with other services or goods provided for compensation.

Massage means any method of treating the external parts or surfaces of the human body

by bathing, rubbing, pressing, stroking, pounding, kneading, tapping, vibrating, or touching or

stimulating with the hands or any part of the body, or with the aid of any mechanical or electrical

apparatus or other appliances or devices, with or without the use of oils, creams, tonics, lotions,

antiseptics, tanning products, or other similar preparations. Massage shall further include baths,

aromatherapy, vapor, shower, electric tub, sponge, hot towels, sauna, steam, or any other type of

bathing activity where the essential nature of the service involves any method of pressure or

friction against, or stimulating the external parts of the human body with the hands or any other

parts of the body or devices.

Massage Establishment means any establishment, having a fixed place of business where

any person, firm, association, partnership, corporation, joint venture or a combination of

individuals engages in, conducts, carries on or permits to be engaged in, conducted or earned on

for consideration, massages or health treatments in the Town in which massages are given in

return for compensation of any type; including but not limited to any hot tub/sauna

establishment, personal fitness training center, spa, gymnasium, athletic facility, health club or

office in which massage services are made available to clients. For purposes of this Article, the

term "Massage Establishment" shall include, but not be limited to, any establishment providing

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off-premises massage services as well as any establishment which offers services such as

relaxation, hot tub, towel wraps, baths, health treatments, tanning, or any service where the

essential nature of the interaction between the employee and the customer involves a massage.

Massage Establishment Permit means a written document authorizing the holder to

engage in the business of providing massage for compensation.

Off-premises massage means practicing massage for compensation at a location other

than at a permitted Massage Establishment.

Operator means any person who operates and is responsible for the day-to-day activities

of a Massage Establishment.

Owner means any individual who has any direct or indirect ownership interest in a

Massage Establishment.

Person means any individual, partnership, firm, association, corporation, joint venture or

any other combination of individuals for the purpose of doing business.

Police Chief means the Los Gatos/Monte Sereno Police Chief or his or her designee.

State Certificate Holder means a person who holds a current and valid California State

Certificate from the CAMTC as a Massage Practitioner or Massage Therapist, per Business and

Professions Code sections 4600-4620.

Sec. 14.110.020. - Exemptions.

The provisions of Section 14.110.025 shall not apply to the following classes of

individuals while engaged in the performance of the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, acupuncturists, osteopaths, registered nurses,

physical therapists or other health professionals who are duly licensed to practice their respective

professions under the laws of the State of California when engaging in such practice within the

scope of his or her license.

(b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so

long as such persons do not practice massage therapy as their primary occupation at any location

where they provide such services in the Town.

(c) Barbers or cosmetologists who are duly licensed under the laws of the State of

California while performing massage within the scope of their licenses while engaging in

practices within the scope of their licenses.

(d) Persons administering massages or health treatments involving massage to other

persons who are participating in a recreational or special event such as road races, track meets,

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triathlons, educational events, or conferences that has been approved by the Town, provided that

all of the following conditions are met:

(1) The massage services are made available equally to all participants in the event;

(2) The event is open to participation by the general public or a significant segment of the

public;

(3) The massage services are provided during the event in an open environment at the site

of the event;

(4) The sponsors of the event have approved the provision of massage services at the

event; and

(5) The persons providing the massage services are in compliance with all applicable

Town Codes and other laws.

(e) Somatic practitioners who use no physical touch of any kind at any time in their

practice.

(f) Enrolled students of a school of massage when they are performing massage within

the Town as part of a formal supervised internship or training program operated by the school,

without compensation other than school credit, on the premises of a Massage Establishment duly

authorized to operate pursuant to the terms of this chapter; and provided that the operator of the

Massage Establishment has first notified the director in writing of the name, residence address,

and school of the students and the dates of the trainings.

Sec. 14.110.025. - Permit/certification requirements.

(a) No person, firm, association, partnership, corporation or other entity shall have an

ownership interest in or operate a Massage Establishment without first obtaining a Massage

Establishment Permit from the Police Chief or his/her designee.

(b) Except as provided in Section 14.110.020, no person other than a Certified Massage

Therapist or a Certified Massage Practitioner shall provide massage for compensation. All

Massage Therapist Permits issued by the Town prior to effective date of this ordinance shall

have until June 30, 2018 to obtain a current and valid California State Certificate from the

CAMTC as a Massage Practitioner or Massage Therapist.

(c) Except as provided in Section 14.110.020, no person, firm, association, partnership,

corporation or other entity shall employ any person other than a Certified Massage Therapist or

Certified Massage Practitioner to provide massage for compensation. All Massage Therapist

Permits issued by the Town prior to effective date of this ordinance shall have until June 30,

2018 to obtain a current and valid California State Certificate from the CAMTC as a Massage

Practitioner or Massage Therapist.

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Sec. 14.110.035. - Applications for a Massage Establishment Permit.

(a) Submission of application. All persons who wish to obtain a Massage Establishment

Permit from the Town shall file a written application with the Police Chief on a form provided

by the Town, which contains the following information:

(1) The full name, including any nicknames or other names used presently or in the past,

and the present address and phone number of the applicant;

(2) The applicant's two (2) most recent addresses within the last seven (7) years, and the

dates of residence at each address;

(2) Proof the applicant is over eighteen (18) years of age; and

(3) The applicant's height, weight, and colors of eyes and hair; and

(5) The applicant's Driver's License and/or California I.D. number (if any) and Social

Security number and CAMTC certification; and

(6) The applicant's two (2) most recent employers within the last seven (7) years,

including their names, addresses and phone numbers, and the position held by the applicant and

dates of employment; and

(7) The names and addresses of any massage facility or other businesses involving

massage by which the applicant has been employed, or self-employed as a Massage Therapist,

within the past ten (10) years and the dates of employment; and

(8) Any criminal conviction on the part of the applicant for offenses other than traffic

violations within the ten (10) years preceding the date of the application; and

(9) Any criminal charges pending against the applicant at the time of the application,

other than traffic citations, the name and location of the court in which the criminal charges are

pending and the applicable case numbers; and

(10) Whether the applicant has ever had a license, certificate or permit related to the

practice of massage, or the operation of a Massage Establishment, or other business involving the

practice of massage, suspended or revoked within the ten (10) years preceding the date of the

application, the dates and reasons for any such suspensions or revocations, and the name and

location of the jurisdiction or public agency which suspended or revoked such license, permit or

certificate; and

(11) Whether the applicant has ever operated or been employed at any business which has

been the subject of an abatement proceeding under the California Red Light Abatement Act

(California Penal Code Sections 11225 through 11325) or any similar laws in other jurisdictions.

If the applicant has previously worked at such a business, he/she should state on the application

the name and address of the business, the dates on which the applicant was employed at such

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business, the name and location of the court in which the abatement action occurred, the

applicable case number and the outcome of the abatement action; and

(12) Whether the applicant had previously applied to the Town for a Massage

Establishment Permit, the date of the previous application and any other name(s) under which

the application was made; and

(13) The name and address of the owner of the real property upon or in which the

business is to be conducted. In the event the applicant is not the legal owner of the property, the

application must be accompanied by a copy of the lease and a notarized acknowledgment from

the owner of the property that a Massage Establishment will be located on his/her property; and

(14) Proof of malpractice insurance in the sum of not less than one hundred thousand

dollars ($100,000.00) per Massage Therapist licensed, or to be licensed, at the Massage

Establishment up to a maximum of five hundred thousand dollars ($500,000.00); this

requirement can be satisfied by malpractice insurance being provided in the name of individual

Massage Therapist or establishment; and

(15) Written authorization for the Town, its agents and employees, to seek information

and to conduct an investigation into the truth of the statements set forth in the application and

into the background of the applicant; and

(16) The applicant shall advise the Town in writing of any change of address or change in

fact(s) represented to Town which may occur during the Town's processing of the application;

and

(17) A statement under penalty of perjury that the applicant has not knowingly and with

the intent to deceive made any false, misleading or fraudulent statements or omissions of fact in

his/her application or any other documents required by the Town to be submitted with the

application; and

(18) Other related information requested by the Police Chief in order to evaluate the

background and qualifications of the applicant for the permit sought. This may include

information or documentation to indicate whether the Massage Therapist is affiliated with or a

member of any recognized national or state massage therapy association or organization.

(b) Payment of permit fees. At the time of filing an original application for a Massage

Establishment Permit, applicants shall pay permit fees (as applicable) in an amount established

by a resolution of the Town Council. All fees shall be non-refundable.

(c) Processing of application and investigation. Upon receipt of an application for a

Massage Establishment Permit, the Police Chief shall review the application and supplementary

material. If it is clear from the face of the application and supplementary materials that the

applicant is not qualified for a permit, or the application is incomplete, the application may be

denied without further investigation. If it appears from the face of the application and

supplementary material that the applicant may be eligible for the permit sought, the Police Chief

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shall verify the information submitted by the applicant and shall further investigate the

qualifications of the applicant as follows:

(1) Photographs/fingerprints/review of criminal history. The Police Chief shall require a

recent photograph of the applicant.

Applicant shall also be responsible for submitting fingerprints pursuant to "Livescan"

procedures and pay all costs associated with such submittal. The applicant's fingerprints will

then be submitted to the Department of Justice (DOJ) and the Federal Bureau of Investigation

(FBI) for evaluation. Upon receipt of the report from the Department of Justice (DOJ) and the

Federal Bureau of Investigation (FBI), the Police Chief shall review the criminal history (if any)

of the applicant.

(2) Investigation of location and premises of Massage Establishment. Upon receipt of an

application for a new Massage Establishment, the Police Chief shall refer the application to the

Town's applicable departments which shall review the application and, if necessary, inspect the

premises to ensure that the operation of the business at the designated site will comply with the

provisions of this Article XI and the Town's zoning, building and fire safety standards, and any

other applicable Town codes. If a Use Permit is required for the Massage Establishment the

applicant shall comply with the Town's Zoning Code. No Home Occupation Permit shall be

issued for a Massage Establishment or massage activities.

(3) Additional investigation. The Police Chief may conduct additional investigation in a

manner authorized by law when necessary to determine whether the applicant meets the

qualifications for a permit pursuant to this Article XL.

Sec. 14.110.040. - Grant or denial of application for Massage Establishment Permit.

(a) Time for grant or denial of applications. The Police Chief shall grant or deny the

application for a Massage Establishment Permit within thirty (30) calendar days of the

applicant's submission of the application and all required supplementary material. When

necessary to conduct a complete investigation of an application, the Police Chief may extend this

time to a maximum of sixty (60) calendar days. Granting of a permit requires the Massage

Establishment to be in compliance with Chapter 29 of this Code.

(b) Grounds for denial of Massage Establishment Permit. The Police Chief shall deny an

application for a Massage Establishment Permit or the renewal thereof if any of the following

circumstances exist:

(1) The application is incomplete and/or required supplementary materials are not

submitted on a timely basis;

(2) The applicant, owner, operator, or personnel of a Massage Establishment is required

to register under the provisions of California Penal Code § 290.

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(3) The applicant has previously had a Massage Therapist Permit or similar license,

certificate or permit revoked by the Town or any other public agency in any state or country,

within five (5) years. Any revocation beyond five (5) years will be reviewed, and discretion for

approval given by, the Chief of Police;

(4) The applicant has made a false, misleading or fraudulent statement or omission of fact

in his/her application or other materials submitted with the application;

(5) The applicant, including applicant as a corporation or partnership, or former employer

of the applicant while the applicant was so employed, has been successfully prosecuted in an

abatement proceeding under the California Red Light Abatement Act (Penal Code sections

11225 through 11325) or any other similar laws in another jurisdiction;

(6) The applicant has been convicted of:

(a) An offense which requires registration pursuant to California Penal Code section 290;

or a violation of sections 266(h), 266(i), 311 through 311.7, 314, 315, 316, 318 or 647(b),

647(d), 647(f) 647.1 of the California Penal Code, or equivalent offenses under the laws of

another jurisdiction, including any other State or Country.

(b) A prior offense which involves violation of California Health and Safety Code

sections 11351 through 11354, 11358 through 11363, 11378 through 11380, or the sale of

controlled substances specified in California Health and Safety Code sections 11054, 11056,

11057 or 11058, or equivalent offenses under the laws of another jurisdiction, including any

other State or Country.

(c) Any offense involving dishonesty, fraud, deceit or the use of force or violence upon

another person in the last ten (10) years;

(d) Any offense involving any sex-related crime or crime of moral turpitude.

(e) For purposes of this section, a plea of "nolo contendere" may also serve as the basis

for the denial of a Massage Therapist Permit because the above-listed underlying offenses bear a

substantial relationship to the qualifications, functions or duties of a Massage Therapist or

Establishment.

(7) The operation of the Massage Establishment at the proposed location would be

injurious to the health, safety or welfare of the people of the Town or would violate the Town's

zoning, building or fire regulations, or other provisions of law or the Town Code.

(8) The applicant or owner or operator of a Massage Establishment has been convicted in

a court of competent jurisdiction of any offense involving the use of force and violence upon the

person of another which constitutes a felony.

(9) The applicant or the owner or operator of a Massage Establishment has previously

violated the provisions of this Article or of any similar ordinance, law, rule or regulation of the

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Town or another public agency which regulates the operation of Massage Establishments or

persons providing massage.

(10) If an Establishment Permit or a renewal thereof is approved, the Police Chief may

include such restrictions and conditions in the Establishment Permit as he or she deems

reasonable and necessary under the circumstances to ensure compliance with the purposes and

intent of this Article.

(c) Notice to applicant of grant or denial of application. The Police Chief shall give

written notice to the applicant of the grant or denial of the application for a permit by certified

mail or by personal service. If the application is denied, the notice shall advise the applicant of

the reasons for the denial and of his/her right to appeal the decision to the Town Manager

through the procedures set forth in subsection (d) below.

(d) Appeal of denial of Massage Establishment Permit to the Town Manager. Upon the

denial of an application for a Massage Establishment Permit by the Police Chief, the applicant

may appeal to the Town Manager through the following procedures:

(1) Request for appeal hearing. The applicant shall file a written request for an appeal

hearing, which states the specific grounds on which the decision of the Police Chief to deny the

permit is contested, with the Town Manager's office within ten (10) calendar days of the personal

service of the Police Chief’s decision to the applicant at the most recent home or business

address on file with the Police Department, or within ten (10) calendar days of service of the

Police Chief’s decision in the United States mail by certified mail.

(2) Notice of time and place of hearing. Upon receipt of a timely request for an appeal

hearing, the Town Manager's office shall notify the applicant in writing of the date, time and

place of the hearing before the Town Manager or designee, which shall not be less than ten (10)

calendar days after the service of such written notice on the applicant by in-person delivery at the

most recent home or business address on file with the Town or ten (10) calendar days after the

deposit of the notice in an envelope addressed to the applicant in the United States mail by

certified mail.

(3) Hearing before the Town Manager or designee. At the hearing, both the applicant

and the Police Chief shall have the right to appear and be represented by counsel, and to present

evidence and arguments relevant to the grounds on which the decision to deny the application is

appealed. The burden of proof shall be on the applicant to demonstrate that he/she meets the

qualifications for a Massage Therapist Permit and is entitled to the issuance of such permit.

(4) Decision of the Town Manager or designee. Within ten (10) calendar days of the

hearing, the Town Manager or designee shall issue a written decision, which states whether the

decision of the Police Chief to deny the application is upheld or reversed, and the reasons for this

determination.

The decision shall be served upon the applicant by personal service or by certified mail.

The decision of the Town Manager or designee shall be final.

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Sec. 14.110.045. - Business license.

It is unlawful for any person, whether an employee or independent contractor of a

Massage Establishment, to open or operate a Massage Establishment or self-employment of

massage therapy without obtaining and maintaining in effect a Town business license and paying

a business license tax.

Section 14.110.046 - Massage Therapist and Massage Practitioner registration.

Certified Massage Therapists and Certified Massage Practitioners shall provide the Police

Chief with a copy of their California Massage Therapy Council certifications, the name and

address of their massage school(s), and the name and address of any Massage Establishment in

which they are employed or under contract, during an initial in-person registration with the

Police Chief. Certified Massage Therapists and Certified Massage Practitioners shall also

provide the Police Chief with a copy of their renewed certifications within 90 days of their

renewal and shall notify the Police Chief within 90 days of any start or termination in

employment or contract with a Massage Establishment. Massage Establishment owners and

operators shall be held liable for any employees or contractors who fail to comply with the

requirements of this section.

Sec. 14.110.047 - Notice of employees' status.

Every Massage Establishment holding an Establishment Permit shall notify the Police

Chief, in writing, of the name and residence of each employee or contractor providing massage

for compensation. Such notification shall occur within five calendar days of the start of the

individual's employment or contract with the Massage Establishment.

Sec. 14.110.050. - Operating requirements for Massage Establishments.

Unless otherwise specified herein, all Massage Establishments shall comply with all of

the following operating requirements.

(a) Exterior signs. A recognizable and legible sign should be posted at the main entrance

identifying the business and which clearly identifies the establishment to foot and/or automobile

traffic. An additional "Massage" sign need not be in addition to the primary business sign. The

sign shall be in compliance with Chapter 29 of this Code.

(b) Display of Massage Establishment Permit. A copy of the current Massage

Establishment Permit shall be displayed in a conspicuous, public place within the Massage

Establishment premises. A copy of each Certified Massage Therapist’s and Certified Massage

Practitioner's CAMTC certification shall be kept on the premises and available for inspection

(c) Dressing/massage room. Clients of the Massage Establishment shall be furnished

with a dressing/massage room, or private area for changing clothes.

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(d) Payment/tips. All massage services shall be paid for in the reception area, and all

tips, if any, shall be paid for in the reception area. Massage Establishments may utilize a system

where tip envelopes are provided in the treatment rooms to be utilized and deposited by the client

in the reception area.

(e) Alcohol prohibited. No alcoholic beverages may be possessed or consumed on the

premises of the Massage Establishment except as allowed pursuant to Section 23399.5 of the

Business and Professions Code or other state or federal law.

(f) No condoms. No condoms shall be kept at the Massage Establishment unless they are

the personal property of persons on-site, and they are for the individual's personal use outside the

business premises.

(g) Standard of dress. All Certified Massage Therapists and Certified Massage

Practitioners shall meet the dress code requirements in California Business and Professions Code

section 4609, subdivision (a),(10), and all other employees, contractors, and owners of the

Massage Establishment shall remain fully clothed in clean outer garments while on the premises

of the Massage Establishment. At a minimum such clothing shall be made of non-transparent

material and shall cover the entirety of the torso area from the chest to mid-thigh.

(h) Operating hours. All Massage Establishments shall be closed for business by no later

than 10:00 p.m. and shall open for business no earlier than 6:00 a.m. A Massage Establishment

operating under a Conditional Use Permit (CUP) approved prior to the enactment of this article

may continue to operate under the hours permitted in the Use Permit. The Town may set the

specific operating hours for each Massage Establishment through the Conditional Use Permit

process. It shall be unlawful for any Massage Therapist, or other employee of a Massage

Establishment, to give or practice massage during the hours when the Massage Establishment is

closed.

(i) List of services. A list of services available and the cost of such services shall be

available in an open public place within the premises, and they shall be described in readily

understandable language. Nothing in this section shall preclude the list of services to be printed

in another language other than English. No owner, operator, manager, and/or responsible person,

of a Massage Establishment shall permit, and no Massage Therapist shall offer or perform, any

service other than those posted.

(j) Records. Every Massage Establishment shall keep a written record of the date and

hour of each service provided; the first and last name of each patron and the service received;

and the first and last name of the Massage Therapist administering the service. Said records

shall be open to inspection by Town officials, limited to sworn members of the Police

Department, Town Code Compliance Officer, and the Town Attorney, who is charged with

enforcement of this Article XI. A valid subpoena should be obtained by these specific officials

prior to inspection of records. These records may not be used by the Massage Establishment for

any other purpose than as records of service provided, and unless otherwise required by law, they

shall not be provided to third parties by the Massage Establishment. Said records shall be

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retained on the premises of the Massage Establishment business office for a period of not less

than three (3) years.

(k) Identification of employees. Certified Massage Therapists and Certified Massage

Practitioners shall have in their possession their CAMTC-issued picture identification cards

while on the Massage Establishment premises or otherwise engaged in the business of providing

massage for compensation.

(l) Devices prohibited. No device, including, but not limited to, an audio or video

recording device, shall be used by a Massage Establishment, Certified Massage Therapist, or

Certified Massage Practitioner to monitor the practice of a massage, or any conversation or other

sounds in massage rooms without the expressed consent of the client. No device of any kind

shall be installed or used which would operate in any way to detect or interfere with law

enforcement surveillance or communication equipment.

(m) Advertising. No person or Massage Establishment shall advertise in any manner or

form that he, she, or it provides massage for compensation unless the person or Massage

Establishment meets the permit and certification requirements of this Article. All advertisements

for massage and Massage Establishments and the services offered therein shall reflect the

professional nonsexual nature of the business. No Massage Establishment granted an

Establishment Permit under this Article shall distribute or cause to be distributed any advertising

matter that depicts any service is available other than those services authorized by this Article.

(n) Entry and exit. All Massage Establishment clients shall enter and exit exclusively

through the front door of the Massage Establishment. The front door shall be the door facing the

street or, if no such door exists, the door that is most visible to members of the public passing by

the Massage Establishment.

(o) Sex and gender discrimination prohibited. A Massage Establishment cannot provide

services only to persons of a single sex or gender, nor may it refuse to serve any individual based

on sex or gender.

Sec. 14.110.055. - Sanitation requirements/condition of premises.

(a) Required maintenance of Massage Establishments. All premises and facilities of the

Massage Establishments shall be maintained in a clean and sanitary condition and shall be

thoroughly cleaned after each day of operation. The premises and facilities shall meet applicable

Code requirements of the Town, including but not limited to those related to the safety of the

structure, adequacy of the plumbing, heating, ventilating and waterproofing of rooms in which

showers, water or steam baths are used.

(b) Linens. All Massage Establishments shall provide clean, laundered sheets, towels,

and other linens in sufficient quantity for use by their clients. Such linens shall be laundered

after each use and stored in a sanitary manner. No common use of linens or towels shall be

permitted. Heavy white paper may be substituted for sheets on massage tables, so long as such

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paper is used only once for each client and is then discarded into a sanitary receptacle. Sanitary

receptacles shall be provided for the storage of all soiled linens.

(c) Privacy standards for massage rooms, dressing rooms and rest rooms. The Massage

Establishment shall provide doors on all of its dressing rooms and massage rooms.

Nontransparent draw drapes, curtain enclosures or accordion-pleated enclosures are acceptable in

lieu of doors for dressing and massage rooms.

(d) No residential use. No part of the Massage Establishment shall be used for residential

or sleeping purposes. No cooking or food preparation will be allowed on the premises unless it

is within an employee only designated kitchen area.

Sec. 14.110.060. - Prohibited acts.

(a) Touching of sexual and genital parts of client during massage. No Certified Massage

therapist, or any other employee or contractor of a Massage Establishment shall place either

his/her hand or hands upon, or touch with any part of his/her body, a sexual or genital part of any

other person in the course of a massage, or massage a sexual or genital part of any other person.

Sexual and genital parts shall include the genitals, pubic area, anus or perineum of any person or

the vulva or breast of a female. In the case of breast massage, female clients shall sign a written

consent form, provided by the establishment and/or practitioner prior to providing breast

massage.

(b) Uncovering and exposure of sexual and genital parts before, during or after massage.

No Certified Massage Therapist, Certified Massage Practitioner, or other employee or contractor

of a Massage Establishment shall uncover and expose the sexual or genital parts, as defined in

subsection (a), above, of a client or themselves in the course of giving a massage, or before or

after a massage. This subsection does not prohibit a client from turning over in the course of a

massage, so long as the Massage Therapist holds a towel, sheet, blanket or other drape over the

client to protect his/her genital and sexual parts from exposure.

(c) Violation of provisions of this section may be charged separately as a felony as

permitted by state law.

Sec. 14.110.065. - Out-call massage services.

Any Massage Establishment who has complied with all applicable provisions of this

Article XI may provide out-call massage services to clients within the Town of Los Gatos. Such

Massage Establishments shall maintain their permits upon their persons; or within their

immediate reach, at all times while performing massage in the Town and shall display these upon

the request of any client, police officer or code compliance officer.

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Sec. 14.110.070. - Transfer of Massage Establishment Permit.

No Massage Establishment Permit issued pursuant to this Article XI shall be transferred,

altered in name, or assigned in any manner, whether by operation of law or otherwise, from

location to location or from person to person.

Sec. 14.110.075. - Expiration and renewal of Massage Establishment Permit;

payment of renewal fee.

(a) All Massage Establishment Permits shall expire annually on the date of their issuance,

unless revoked sooner by the Police Chief.

(b) Applications for renewal of a permit must be submitted to the Police Chief by no later

than sixty (60) calendar days before the expiration of such permit on a form provided by the

Police Department, which shall require the applicant for renewal to update the information

contained in his/her original application. The applicant must pay the Town a non-refundable

renewal fee, in the amount established by resolution of the Town Council, at the time of filing

his/her application for renewal.

(c) After investigating the application for renewal, the Police Chief may renew the permit

if the applicant continues to meet the standards for the issuance of a permit, and none of the

grounds for denial of a permit set forth in subsection 14.110.040(b) exist. The Police Chief shall

give the applicant for renewal written notice of his/her decision within sixty (60) calendar days

of the submission of the application for renewal to the Police Department by personal service of

the decision to the applicant at his/her most recent home or business address on file with the

Police Department or deposit of the decision in the United States mail by certified mail. If the

application is denied, the notice shall state the specific grounds for the denial and that the

applicant may appeal to the Town Manager through the procedures set forth in section

14.110.040(7)(d).

(d) If the holder of a Massage Establishment Permit does not file a timely application for

renewal sixty (60) calendar days before expiration of the permit), he/she shall be required to file

an application for a new permit pursuant to section 14.110.025 and to pay the applicable fees.

Sec. 14.110.080. - Suspension and revocation of Massage Establishment Permit.

(a) Grounds for suspension or revocation of Massage Establishment Permit. The Police

Chief may suspend for a period of up to nine (9) months or revoke a Massage Establishment

Permit, according to procedures set forth in subsection (c) below, if there is good cause to

believe that:

(1) The permit holder has operated or managed the Massage Establishment in a manner

which violates any provision of this Article XI, or other applicable Town Code provisions, state

or federal law;

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(2) The permit holder has committed any offense involving lewdness, indecent exposure,

prostitution, human trafficking or any other offense which would be grounds for denial pursuant

to section 14.110.040, or employees of the Massage Establishment have committed such

offenses in the course of their employment and the permit holder has permitted them to do so or

has failed to prevent them from doing so;

(3) Has made a false or misleading statement or omission of fact on his/her application

for a permit, or for renewal of the permit, or in any supplementary materials submitted with the

application; or

(4) Is operating or managing the Massage Establishment in a manner which poses a

danger to the health and safety of clients and/or the public, or without due regard for proper

sanitation or hygiene.

(b) Procedure for revocation or suspension of Massage Establishment Permits.

(1) Notice to holder of permit. Whenever the Police Chief has good cause to believe that

grounds for the suspension or revocation of a Massage Establishment Permit exist, he/she shall

give the holder of the permit written notice of the intended suspension or revocation to the holder

of permit by personal delivery or by certified mail. The notice shall provide for suspension or

revocation of the Massage Establishment Permit 15 calendar days after service of the notice upon

the holder of permit, unless the holder of permit requests an appeal hearing. The notice shall

provide information on the appeal process and shall state the alleged grounds for the proposed

revocation or suspension of the permit, and the notice shall be served on the holder of the permit

personally at the most recent home or business address on file with the Police Department or by

deposit of the notice in the United States mail by certified mail. Said notice shall also state that

if no written request for a hearing is timely received, the applicant shall be deemed to waive its

rights to a hearing.

(2) Hearing before Police Chief. Following the receipt of such suspension or revocation

notice and within 15 calendar days thereafter, the holder of permit may file an appeal of the

suspension or revocation and request a hearing. The hearing on the revocation or suspension of

the permit shall be held before the Police Chief or his/her designee no less than ten (10) calendar

days after the personal service of the notice to the holder of the permit at the most recent home or

business address on file with the Police Department, or no less than ten (10) calendar days after

deposit of the notice, addressed to the holder of the permit or certificate, in the United States

mail by certified mail. At the hearing, the holder of the permit and a representative of the Town

shall have the right to appear and to be represented by counsel, and to present evidence and

arguments which are relevant to a determination of whether grounds for suspension or revocation

of the permit or certificate exist.

(3) Decision of Police Chief. Within ten (10) calendar days after the hearing, the Police

Chief shall issue a written decision which states whether the permit is suspended or revoked, the

length of any suspension, and the factual basis for the decision, and that the holder of the permit

may appeal any suspension or revocation to the Town Manager through the procedures set forth

in paragraph (4), below. The decision of the Police Chief shall be served on the holder of the

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permit by personal service at the most recent home or business address on file with the Police

Department or deposit of the notice, addressed to the holder of the permit, in the United States

mail by certified mail. Said notice shall also state that if no written request for an appeal hearing

is timely received, the applicant shall be deemed to waive its rights to an appeal hearing.

(4) Request for appeal hearing before the Town Manager. The holder of the permit may

appeal the decision of the Police Chief by filing a written request for an appeal hearing, which

states the specific grounds on which the decision of the Police Chief is contested, with the Town

Manager's office within ten (10) calendar days of the personal service to the holder of the permit

of the Police Chief's decision at the most recent home or business address on file with the Police

Department, or within ten (10) calendar days of service of the decision by deposit of the notice,

addressed to the holder of the permit, in the United States mail by certified mail.

(5) Appeal hearing before the Town Manager. Upon receipt of a timely request for an

appeal hearing, the Town Manager's office shall notify the permit holder in writing of the date,

time and place of the hearing before the Town Manager or designee which shall not be less than

ten (10) calendar days after service of such written notice on the permit holder by personal

service at the most recent home or business address on file with the Police Department, or ten

(10) calendar days after service of the notice by deposit of the notice, addressed to the holder of

the permit or certificate, in the United States mail by certified mail.

At the hearing, both the holder of the permit and the Police Chief shall have the right to

appear and be represented by counsel and to present evidence and arguments which are relevant

to the grounds for the appeal, as stated in the request for an appeal hearing. Within ten (10)

calendar days of the hearing, the Town Manager or designee shall issue a written decision that

states whether the decision of the Police Chief is upheld, modified or reversed, and the length of

any suspension. The decision shall be served on the holder of the permit by in-person delivery or

by certified mail. The decision of the Town Manager or designee shall be final.

(6) Effective date of revocation or suspension. Any suspension or revocation of a permit

shall become effective immediately upon the personal service of the written decision of the

Police Chief, or, in the event of an appeal, the Town Manager or designee, to the holder of the

permit at the most recent home or business address on file with the Town, or within five (5)

calendar days of the deposit of such decision addressed to the holder of the permit into the

United States mail by certified mail.

(7) Surrender of suspended or revoked Massage Establishment Permit to Police Chief.

Upon a written decision by the Police Chief, or in the event of an appeal, by the Town Manager

or designee, which suspends or revokes a permit, the permit shall immediately be surrendered to

the Police Chief. In the case of a suspension, the Police Chief shall return the permit after the

period of suspension has ended.

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Page 18 of 20

(8) Immediate suspension of a Massage Establishment permit.

(a) The Police Chief may immediately suspend an establishment permit if there is

reasonable cause to believe that:

(1) The permit holder is operating or managing the massage establishment, or providing

services in a manner which poses an immediate danger to the health or safety of employees,

clients, or the public;

(2) The holder of the permit has been convicted of any offense involving lewdness,

indecent exposure, prostitution, sexual battery or any sex-related crime. The only establishment

permit which shall be immediately suspended under this subsection shall be that establishment

permit belonging to the person convicted.

(b) If the Police Chief immediately suspends a permit, the Police Chief shall provide

notice be given to the holder of the permit by personal delivery or by certified mail. The notice

shall contain a statement that the Massage Establishment Permit is immediately suspended and

such suspension shall remain in effect during the pendency of the suspension and appeal process.

The notice shall provide information on the appeal process. The notice shall contain a statement

that the suspension may lead to a permanent revocation of the establishment permit.

(c) Following the receipt of such immediate suspension notice and within 15 calendar

days thereafter, the holder of the permit may file an appeal of the suspension and request a

hearing be held in accordance with this Section.

(d) If after 15 calendar days from the receipt of the suspension notice, the holder of the

permit has not requested an appeal, the Police Chief's decision to suspend shall become final and

the establishment permit shall be permanently revoked.

Sec. 14.110.085. - Criminal penalties.

Except as specified in section 14.110.060, a violation of any provision of this Article is a

misdemeanor and may be prosecuted by the Town in the name of the people of the State of

California. The maximum fine or penalty for any violation of this Article XI shall be one

thousand dollars ($1,000.00), or a term of imprisonment in the county jail for a period not

exceeding six (6) months.

Except as otherwise provided, every such person shall be guilty of a separate offense for

each and every day during any portion of which any violation is committed, continued or

permitted by such person, and shall be punishable accordingly.

Sec. 14.110.090. - Inspection by officials.

Any sworn investigating official of the Police Department, Town of Los Gatos Code

Compliance Officer, Building Official, Town Attorney or County Fire Department officials

charged with investigating and enforcing compliance with this Article XI, shall have the right to

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Page 19 of 20

enter the Massage Establishment from time to time during regular business hours for the purpose

of making reasonable inspections to observe and enforce compliance with applicable regulations,

laws, codes and the provisions of this Article XI.

Sec. 14.110.095. - Massage Establishment operated in violation of this Article is

deemed a public nuisance.

Any Massage Establishment which is opened, operated or maintained contrary to the

provisions of this Article XI shall be deemed a public nuisance. In addition to, or in lieu of any

other available legal remedies, the Town Attorney or District Attorney of Santa Clara County

may commence a civil legal action or actions in a court of competent jurisdiction to abate such

nuisance and to enjoin the continued operation and maintenance of the Massage Establishment in

a manner prohibited by this Article XI

Sec. 14.110.100. - Application of this Article XI to pre-existing Massage

Establishments.

The provisions of this Article shall be applicable to all persons and businesses described

herein. Massage Establishment Permits issued by the Town before November 1, 2016 shall not

be renewed. Persons holding such permits must submit a written application for an

Establishment Permit and comply with the establishment requirements set forth in this Chapter

and be issued an Establishment Permit as set forth in this Chapter.

SECTION II

The Town Council finds and determines that the adoption of this Ordinance is exempt

from the requirements of the California Environmental Quality Act (CEQA) per CEQA

Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA

applies only to projects which have the potential for causing a significant effect on the

environment. It can be seen with certainty that the proposed Town Code text amendments will

have no significant negative effect on the environment.

SECTION III

If any provision of this Ordinance or the application thereof to any person or

circumstances is held to be invalid, such invalidity shall not affect other provisions or

applications of the Ordinance which can be given effect without the invalid provision or

application, and to this end the provisions of this Ordinance are severable. The Town Council

hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any

particular portion thereof and intends that the invalid portions should be severed and the balance

of the ordinance be enforced.

SECTION IV

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Page 20 of 20

Except as expressly modified in this Ordinance, all other sections set forth in the Los

Gatos Town Code shall remain unchanged and shall be in full force and effect.

SECTION V

This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication

of the full text of the ordinance within fifteen (15) days after its passage, a summary of the

ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by

the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant

to GC 36933(c),(1).

SECTION VI

This Ordinance was introduced at a regular meeting of the Town Council of the Town of

Los Gatos on November 1, 2016, and adopted by the following vote as an ordinance of the Town

of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 15,

2016.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN

SIGNED:

MAYOR OF THE TOWN OF LOS

GATOS

LOS GATOS, CALIFORNIA

ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

34

PREPARED BY: JOEL PAULSON Community Development Director Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 3

DATE: NOVEMBER 3, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: TOWN CODE AMENDMENT A-16-001: NEW BUILDING AND FIRE CODES A. ADOPT AN ORDINANCE OF THE TOWN OF LOS GATOS REPLACING

CHAPTER 6, BUILDING REGULATIONS, AND CHAPTER 9, FIRE PREVENTION AND PROTECTION, ADOPTING AND AMENDING NEW 2016 CALIFORNIA BUILDING AND FIRE CODES

B. ADOPT RESOLUTION MAKING FINDINGS FOR MODIFYING THE CALIFORNIA CODES

RECOMMENDATION: It is recommended that the Town Council:

1. Adopt the Ordinance introduced by Council on November 1, 2016; and 2. Adopt the Resolution making findings for modifying the California Codes.

DISCUSSION: On November 1, 2016, the Council considered and voted to introduce an Ordinance (Attachment 1) replacing Chapter 6 and Chapter 9 of the Town Code and adopting new California Building and Fire Codes. The Council introduced the Ordinance as drafted. California Health and Safety Code Sections 17958 and 17958.5 allow the Town to modify the otherwise mandatory California Building and Fire Codes based on findings that the amendments are reasonably necessary because of local climatic, geological, geographical, or topographical conditions. The proposed Resolution (Attachment 2) makes the required findings supporting these modifications.

35

PAGE 2 OF 2 SUBJECT: TOWN CODE AMENDMENT A-16-001: NEW BUILDING AND FIRE CODES NOVEMBER 3, 2016

S:\COUNCIL REPORTS\2016\11-15-16\Building Code\Staff Report FINAL.docx 11/4/2016 1:01 PM MMM

Attachments: 1. Ordinance adopting new Building and Fire Codes 2. Resolution making Findings for modifying California Codes

36

1

ORDINANCE NO.______

ORDINANCE OF THE TOWN OF LOS GATOS

REPEALING AND REPLACING CHAPTER 6, BUILDING REGULATIONS,

AND CHAPTER 9, FIRE PREVENTION AND PROTECTION,

OF THE TOWN OF LOS GATOS MUNICIPAL CODE AND

ADOPTING NEW 2016 CALIFORNIA BUILDING AND FIRE CODES

WHEREAS, every three years, 14 State of California agencies review, amend,

and propose model codes to be adopted by the Building Standards Commission; and

WHEREAS, the California Building Standards Commission completed the

adoption and approval of 11 new building codes on December 15, 2015, and local

jurisdictions are required to adopt these codes by January 1, 2017; and

WHEREAS, the Town of Los Gatos is proposing to adopt and amend Part 1, the

California Administrative Code to address administrative provisions; and

WHEREAS, the Town of Los Gatos is proposing to adopt the California

Building Standards Codes as Chapter 6 and the California Fire Code as Chapter 9 of the

Town Code and to make amendments to address climatic, topographic, and geological

conditions; and

WHEREAS, the Town of Los Gatos is proposing to adopt the 2015 International

Property Maintenance Code and portions of the 2015 Existing Building Code to provide

procedures for the maintenance, repair, and demolition of existing buildings; and

WHEREAS, the Town of Los Gatos, in adopting these codes will be consistent

with the State of California and other local municipalities.

THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS

FOLLOWS:

SECTION I

CHAPTER 6 IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE

FOLLOWING:

ARTICLE I. IN GENERAL (reserved)

ARTICLE II. ADMINISTRATION OF CODES

ATTACHMENT 1

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Sec. 6.20.010. Conflicting Provisions.

When any provisions of the administrative sections of the codes adopted in this Chapter 6

are in conflict with the administrative provisions found in the California Administrative

or Building Codes, the California Administrative and Building Codes shall apply. If any

code adopted in this Chapter does not include administrative provisions, the

administrative provisions of the California Building Codes shall apply.

ARTICLE III. BUILDING CODE

Sec. 6.30.010. Adopted.

The 2015 International Building Code (IBC) as amended by the State of California

Building Standards Commission and known as the 2016 California Building Code

(CBC), CCR Title 24, Part 2, Volumes 1 and 2, with Appendix Chapters B, I and J, with

modifications provided in sections 6.30.020 through 6.30.180 of this article, is adopted

by reference.

The 2013 California Administrative Code, California Code of Regulations, Title 24, Part

1, is also adopted by reference.

Sec. 6.30.020. Fire Protection Systems.

Section 901.2 of the California Building Code adopted by this article is amended to read

as follows:

Fire Protection Systems. Fire protection systems shall be installed, repaired, operated

and maintained in accordance with this code and the California Fire Code as amended by

the Town of Los Gatos.

Sec. 6.30.030. Roof Drainage.

Section 1503.4 of the California Building Code adopted by this article is amended to add

Section 1503.4.4:

Over Public Property.

Roof Drainage water from a building shall not be permitted to flow over public property.

Exception(s): 1) Group R, Division 3 and Group U Occupancies

2) Other occupancies where the drainage plan and method of drainage

have been approved by the “Building Official"

Sec. 6.30.040. Roof Covering Requirements in a Wildland-Urban Interface Fire

Area and other areas.

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Section 1505.1.4 of the California Building Code adopted by this article is amended to

add the following Subsection:

1505.1.4.1 Roofing coverings within Wildland-Urban Interface Fire Area.

The entire roof covering of every existing structure where more than 50 percent of the

total roof area is replaced within any one-year period, the entire roof covering of every

new structure, and any roof covering applied in the alteration, repair or replacement of

the roof of every existing structure, shall be a fire-retardant roof covering that is at least

Class A.

Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall

also comply with Section 705A.

Section 1501.1.3 is amended to read:

1505.1.3 Roof coverings in all other areas.

The entire roof covering of every existing structure where more than 50 percent of the

total roof area is replaced within any one-year period, the entire roof covering of every

new structure, and any roof covering applied in the alteration, repair or replacement of

the roof of every existing structure, shall be fire-retardant roof covering that is at least

Class A.

Section 707A.9 is amended to read as follows: Delete a portion of the first sentence;

707A.9 Underside of appendages. When required by the enforcing agency, The

underside of overhanging appendages shall be enclosed to grade in accordance with the

requirements of this chapter or the underside of the exposed under-floor shall consist of

one of the following:

1. Noncombustible material

2. Ignition-resistant material

3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior

covering on the underside of the floor projection

4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the

underside of the floor including assemblies using the gypsum panel and sheathing

products listed in the Gypsum Association Fire Resistance Design Manual

5. The underside of a floor assembly that meets the performance criteria in

accordance with test procedure set forth in SFM Standard 12-7A-3

Exception: Heavy timber structural columns and beams do not require protection.

Section 710A.3.2 is deleted in its entirety.

710A.3.2 When required by the enforcing agency, detached accessory structures within

50 feet of an applicable building shall comply with the requirements of this section.

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Section 710A.4 is amended to read as follows:

710A.4. Requirements. When required by the enforcing agency, Accessory structures

shall be constructed of noncombustible or ignition-resistant materials.

Sec. 6.30.060. Concrete Strength.

Section 1705.3, Exception 1 of the California Building Code adopted by this article is

amended to read as follows:

Exception: Special inspections and tests shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less above grade plane

that are fully supported on earth or rock, where the structural design of the footing is

based on a specified compressive strength, f’c, no greater than 2,500 pounds per square

inch (psi).

Sec. 6.30.070. Modification to ACI 318.

Section 1905.1.7 is amended to read as shown below, Section 1908.1.7 ACI 318, Section

14.1.4 is deleted and replaced to read as follows:

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the

following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E

or F.

14.1.4.1 – Structures assigned to Seismic Design Category C, D, E or F shall not

have elements of structural plain concrete, except as follows:

Structural plain concrete basement, foundation or other walls below the base are

permitted in detached one and two family dwellings three stories or less in height

constructed with stud bearing walls. In dwellings assigned to Seismic Design

Category D or E, the height of the wall shall not exceed 8 feet (2438 mm), the

thickness shall not be less than 7 ½ inches (190 mm), and the wall shall retain no

more than 4 feet (1219 mm) of unbalanced fill. Walls shall have reinforcement

in accordance with 14.6.1.

(a) Isolated footings of plain concrete supporting pedestals or columns are

permitted, provided the projection of the footing beyond the face of the

supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwellings, three stories or less in

height, the projection of the footing beyond the face of the supported member

is permitted to exceed the footing thickness.

(b) Plain concrete footings supporting walls are permitted, provided the footings

have at least two continuous longitudinal reinforcing bars. Bars shall not be

smaller than No. 4 and shall have a total area of not less than 0.002 times the

gross cross-sectional area of the footing. For footings that exceed 8 inches

(203 mm) in thickness, A minimum of one bar shall be provided at the top

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and bottom of the footing. Continuity of reinforcement shall be provided at

corners and intersections.

Exceptions:

1. In seismic design categories A, B and C, In detached one and two-

family dwellings, three stories or less in height, and constructed with

stud bearing walls, plain concrete footings without longitudinal

reinforcement supporting walls are permitted. with at least two

continuous longitudinal reinforcing bars not smaller than No. 4 are

permitted to have a total area of less than 0.002 times the gross cross-

sectional area of the footing.

2. For foundation systems consisting of a plain concrete stem wall, a

minimum of one bar shall be provided at the top of the stem wall and

at the bottom of the footing.

3. Where a slab on ground is cast monolithically with the footing, one

No. 5 bar is permitted to be located at either the top of the slab or

bottom of the footing.

Sec. 6.30.080. Bracing. Section 2308.9.3 of the California Building Code adopted by

this article is amended by deleting Item(s) 1, 2, 4, 5 and 7.

Sec. 6.30.085. Pool construction permit; safety features required. Portions of 2016

California Building Code Section 3109.4.4.2 are deleted and amended as follows:

3109.4.4.2 Construction permit; safety features required. Commencing January 1,

2007, except as provided in Section 3109.4.4.5, whenever a building permit is issued for

construction of a new swimming pool or spa, or any building permit is issued for

remodeling of an existing pool or spa, at a private single-family home, it shall be

equipped with at least one of the following seven drowning prevention features:

2. The pool shall incorporate removable mesh pool fencing that meets American

Society for Testing and Materials (ASTM) Specifications F 2286 standards in

conjunction with a gate that is self-closing and self-latching and can accommodate

a key lockable device.

4. The residence shall be equipped with exit alarms on those doors providing direct

access to the pool. These exit alarms shall be permanently, physically attached to

the door frames and doors.

6. Swimming pool alarms that, when placed in pools, will sound upon detection of

accidental or unauthorized entrance into the water. These pool alarms shall meet

and be independently certified to the ASTM Standard F 2208 “Standards

Specification for Pool Alarms” which includes surface motion, pressure, sonar,

laser and infrared type alarms. For the purposes of this article, “swimming pool

alarms” shall not include swimming protection alarm devices designed for

individual use, such as an alarm attached to a child that sounds when the child

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exceeds a certain distance or becomes submerged in water.

Note: These in-pool alarms are only allowed as a supplement to the other safety

features.

Sec. 6.30.090. IBC Oversight. The California adoption of the new 2015 International

Building Code may have inadvertently eliminated some construction requirements by

oversight or erroneous reference to another code. In cases where the code adoption has

inadvertently deleted or missed referenced necessary construction requirements, the

Town of Los Gatos Building Official may authorize use of construction requirements

from the last previously adopted International Codes.

Sec. 6.30.100. Information on construction documents. Administration Chapter 1,

Division II, Section 107.2.1 of the 2016 California Building Code adopted by this article

is amended to have the first sentence modified to read as follows:

Construction documents shall be dimensioned, to scale, and drawn upon suitable material

unless construction is minor in nature and approval obtained from the Building Official.

Sec. 6.30.170. Schedule of permit fees. Administration Chapter 1, Division II, Section

109.2 of the 2013 California Building Code adopted by this article states that “ … a fee

for each permit shall be as required, in accordance with the schedule established by the

applicable governing authority (Town of Los Gatos).

109.7. Plan Review Fees. Add Section 109.7 as follows:

When submittal documents are required by Section 107, a plan review fee shall be paid at

the time of submitting the submittal documents for plan review. Said plan review fee

shall be 65 percent of the building permit fee. The plan review fees specified in this

section are separate fees from the permit fees and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan

review or when the project involves deferred submittal items as defined in Section

107.3.4.2, an additional plan review fee shall be charged per the hour plan review rate as

adopted by the Town of Los Gatos.

Sec. 6.30.180. Refunds. Administration Chapter 1, Section 109.6 of the 2016 California

Building Code adopted by this article is amended to add Section 109.6.1:

109.6.1. Refunds. The building official may authorize refunds of Building Division fees

which were erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit

fee paid when no work or inspections has been done under a permit issued.

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The building official may authorize refunding of not more than 80 percent of the

collected plan review fee when the plan check application is withdrawn or cancelled prior

to any plan review work being done.

The building official shall not authorize refunding of any collected fee until written

request for refund by the original permittee or applicant is received. Requests must be

received no later than 180 days after the date of fee payment.

ARTICLE IV. PLUMBING CODE

Sec. 6.40.010. Adopted.

The Uniform Plumbing Code, 2015 Edition, as amended by the State of California

Building Standards Commission, California Code of Regulations, Title 24, Part 5, as the

2016 California Plumbing Code is adopted with Appendix Chapters A, B, D, G, I, K, and

L only.

Sec. 6.40.020. Backflow protection.

The first sentence of Subsection 710.1 of the California Plumbing Code adopted by this

article is amended to read as follows:

710.1. Drainage piping serving fixtures which have flood level rims less than twelve (12)

inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing

inlet cover at the public or private sewer system serving such drainage piping shall be

protected from backflow of sewage by installing an approved type backwater valve.

Fixtures above such elevation shall not discharge through the backwater valve, unless

first approved by the Administrative Authority.

ARTICLE V. MECHANICAL CODE

Sec. 6.50.010. Adopted.

The Uniform Mechanical Code (UMC), 2015 Edition, amended by the State of California

Building Standards Commission, CCR Title 24, Part 4, as the 2016 California

Mechanical Code is adopted by reference with Appendix Chapters A and B only.

ARTICLE VI. ELECTRICAL CODE

Sec. 6.60.010. Adopted.

The National Electrical Code, 2014 Edition, as amended by the State of California

Building Standards Commission, CCR Title 24, Part 3, as the 2016 California Electrical

Code is adopted by reference.

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ARTICLE VII. ENERGY CODE

Sec. 6.70.010. Adopted.

The 2016 California Energy Code, CCR Title 24, Part 6 is adopted by reference

ARTICLE VIII. REFERENCE STANDARDS CODE

Sec. 6.80.010. Adopted.

The 2016 California Referenced Standards Code, CCR Title 24, Part 12, is adopted by

reference.

ARTICLE IX. HISTORICAL BUILDING CODE

Sec. 6.90.010. Adopted.

The 2016 California Historical Building Code, CCR Title 24, Part 8 including Appendix

A is adopted by reference.

ARTICLE X. EXISTING BUILDING CODE

Sec. 6.100.010. Adopted.

The 2015 International Existing Building Code (IEBC), specifically Appendix Chapter

A1, as amended in by the State of California Building Standards Commission and known

as the 2016 California Existing Building Code CCR Title 24, Part 10, is adopted by

reference.

Sec. 6.100.020. Additional Chapters Adopted.

The following Chapters of the 2015 International Existing Building Code, as published

by the International Code Council (ICC) are also adopted:

Chapter 9

Chapter 14

Appendix A2

Appendix A3

Appendix A4

Appendix A5

ARTICLE XI. INTERNATIONAL PROPERTY MAINTENANCE CODE

Sec. 6.110.010. Adopted.

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The 2015 International Property Maintenance Code, as published by International Code

Council (ICC), is adopted by reference.

Sec. 6.110.020. Application of other codes.

Subsection 102.3 of 2015 International Property Maintenance Code adopted by this

Article is amended to read as follows:

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in

accordance with the procedures and provision of the California Building Code, California

Plumbing Code, California Electrical Code and California Mechanical Code. Nothing in

this code shall be construed to cancel, modify or set aside any provisions of the Town of

Los Gatos Zoning Code.

ARTICLE XII. CALIFORNIA GREEN BUILDING STANDARDS CODE

Sec. 6.120.010. Adopted.

Chapters 1 through 8 of the 2016 California Green Building Standards Code,

“CALGreen”, are adopted by reference. These are the unmodified Mandatory Measures

and Compliance Forms.

ARTICLE XIII.

Sec. 6.130.010. Additions and alterations. Clarification. Section 301.1.1 Additions

and alterations is clarified as follows:

301.1.1. Additions and alterations. [HCD] The mandatory provisions of Chapter 4

shall be applied to additions or alterations of existing residential buildings where the

addition or alteration increases the building’s conditioned area, volume, or size. The

requirements shall apply only to and/or within the specific area of the addition or

alteration.

Note: On and after January 1, 2014, residential buildings undergoing permitted

alterations, additions or improvements shall replace noncompliant plumbing

fixtures with water-conserving plumbing fixtures. Plumbing fixture replacement

is required prior to issuance of a certificate of final completion, certificate of

occupancy or final permit approval by the local building department. See Civil

Code Section 1101.1, et seq., for the definition of a noncompliant plumbing

fixture, types of residential buildings affected and other important enactment

dates.

Clarification: Based on definitions found within the California Building Code and the

California Green Building Standards Code, alteration and improvements are interpreted

to mean any construction to an existing structure which enhance or improve the structure.

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Construction related to repairs or maintenance of the structure is not considered to be an

alteration or improvement. Alteration, as defined in the 2013 California Building Code,

states in part; “Normal maintenance, reroofing, painting or wallpapering, or changes to

mechanical and electrical systems are not alterations unless they affect the usability of

the building or facility.” Therefore, permits can be issued for property maintenance and

repair without the requirement to replace noncompliant plumbing fixtures. The following

is a list of permits that are considered to be repair or maintenance:

Electrical Service Change Out

HVAC Change Out

Re-Roof

Sewer Line Replacement

Siding or Stucco application

Site Work: Retaining Walls, Fences, Walkways, etc.

Water heater Replacement

Window Replacement

Other Repairs as determined by the Building Official

ARTICLE XIV. BUILDING RELOCATION CODE OF THE TOWN

DIVISION 1. GENERALLY

Sec. 6.140.010. Title.

This article is the Building Relocation Code of the Town of Los Gatos.

Sec. 6.140.020. Interference with demolition or removal of building.

It shall be unlawful for any person to interfere with or obstruct the Building Official, any

person engaged by the Town, or any representative of any surety, engaged in inspection

or in the work of completing, demolishing, or removing any building or structure for

which a building relocation permit has been issued under Division 2 of this article, after a

default has occurred in timely completion of the work or in the performance of the other

terms or conditions of the permit.

DIVISION 2. PERMIT

Sec. 6.140.030. Required, exceptions.

It shall be unlawful for any person to move any building or structure on any parcel of

land in the Town (except a contractor's tool house, construction building or similar

structure which is moved as construction work requires) without first obtaining a permit

and posting a bond as provided in this article.

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Sec. 6.140.040. Application.

An application for a permit required by the provisions of this division shall be made in

writing on the form provided by the Town. The application shall:

(1) Be signed by the permittee or the permittee's authorized agent (who may be required

to submit evidence proving authority);

(2) Be accompanied by plans, photographs or other substantiating data as reasonably

may be required by the Building Official; and

(3) Contain such information as reasonably may be required by the Building Official in

order to carry out the purposes of this chapter.

Sec. 6.140.050. Review of application, duty of applicant.

The application for a permit required by the provisions of this division, including the

plans and other data filed with it, shall be checked by the Building Official, who is

authorized to conduct any investigation in connection therewith may be deemed

reasonably necessary. If, when the Building Official has completed such investigation

and has notified the applicant that a permit will issue, the applicant fails for a period of

sixty (60) days to post the bond and any other instrument required by this division, the

application shall become void.

Sec. 6.140.060. Issuance, fees.

(a) Subject to the requirements contained in this article, if in the judgment of the

Building Official the conditions of the building or structure can be effectively and

practically repaired or restored to comply with this Code, the Building Official shall issue

a permit to the owner of the property where the building or structure is to be located.

(b) A permit fee shall be paid at the time of issuance of the permit. The amount of the

fee shall be fixed by resolution of the Town Council.

Sec. 6.140.070. When issuance prohibited.

The Building Official shall not issue a permit under this division for any building or

structure:

(1) Which does not or cannot be repaired or modified to comply with this code, as it

presently exists or hereafter may be amended;

(2) Which is so constructed or in such condition as to be a substandard building;

(3) Which is infested with pests or is unsanitary;

(4) Which is so dilapidated, defective, unsightly, or in such a condition of deterioration

or disrepair that its relocation at the proposed site would cause appreciable harm to or be

materially detrimental to the existing improvements on nearby property;

(5) If the proposed use is prohibited by the zoning ordinance;

(6) If the structure is of a type prohibited at the site of the proposed relocation by this

code, or any other statute or ordinance; or

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(7) If the structure or site has not received approval as prescribed in sections 29.20.140

through 29.20.155 of the Town Code. The body granting such approval shall first

consider and determine that the proposed site and building are compatible in use, size and

architecture with other buildings and structures in the area of the proposed relocation.

Sec. 6.140.080. Conditions of issuance.

In connection with the issuance of any permit under this division, the Building Official or

the body granting architecture and site approval or both may attach to the permit such

conditions which are necessary to assure compliance with the purposes of this article and

the zoning ordinance, and to assure that the building or structure when relocated will be

compatible with and not detrimental or injurious to the buildings or structures in the area

of the proposed relocation. Such conditions may include, but are not limited to:

(1) A limitation of the period of time required to complete the work of relocation;

(2) Requirements for changes, alterations, additions or repairs;

(3) The providing of all utility services by the time the building relocation is finished;

(4) Provision for any improvement work or dedication provided for by the zoning

ordinance;

(5) The applicant's written agreement to indemnify the Town for any and all damages or

injury to Town property incurred in the course of the moving, including but not limited to

damage or injury to streets, thoroughfares, pavements, curbs, gutters, sidewalks, sewers,

public lighting equipment and plants.

Sec. 6.140.090. Bond required.

(a) As a condition precedent to the issuance of any building relocation permit, the

applicant shall post a surety bond, the form of which is subject to approval by the Town

Attorney, issued by a surety company conducting business in the State. The penal sum of

the bond shall be an amount equal to the estimated cost, plus ten (10) percent, of all the

work required to perform the relocation to comply with all of the conditions of the

permit. The cost estimate is made by the Building Official.

(b) The applicant, in lieu of posting a surety bond, may deposit with the town an amount

equal to the required bond amount, in cash.

Sec. 6.140.100. Conditions of bond.

A surety bond shall contain, and any deposit shall be subject to, the following conditions:

(1) All work, including performance of conditions of the permit (except for performance

of conditions such as street improvements when provision is made in a contract with the

Town to do the work at a later time) shall be performed and completed within one

hundred twenty (120) days after the date of issuance of the permit. After that time, the

permit expires.

(2) The time limit and expiration date of the permit may be extended for good cause

after written request of both the principal and the surety. The request may be made either

during or after the one-hundred-twenty-day period. If the Building Official decides to

grant the request the Building Official shall notify the principal and surety in writing 48

13

stating the new deadline. The Building Official need not grant the request if the work is

not being done continuously and diligently, or if reasonable progress has not been made.

(3) The term of each bond shall begin on the date the bond instrument is delivered to the

town, and shall end upon the acceptance by the Building Official of performance of all

the terms and conditions of the permit as satisfactory and complete.

(4) The Building Official, the surety and their representatives shall have access to the

premises to inspect the progress of the work.

(5) Upon default by the principal, the surety shall be required to complete the work and

to perform all conditions of the permit. The principal shall give the surety right-of-entry

onto the site for those purposes.

(6) In the event of any default in the performance of any term or condition of the permit,

or failure to complete the work before the permit expires, the surety or any person

employed or engaged on its behalf, or the building official, or any person employed or

engaged on behalf of the Town may go on the premises to complete the required work or

to remove or demolish the building or structure, and clear, clean and restore the site.

Sec. 6.140.110. Default on bond.

(a) If the permittee as principal on the bond defaults in the performance of the

conditions required by the permit, or fails to complete the work before the permit expires,

the Building Official shall give notice in writing to the principal and the surety, stating

the conditions which have not been complied with and the period of time deemed by the

Building Official to be reasonably necessary for the completion of the work.

(b) After receipt of the notice, the surety, within the time therein specified, shall finish

the work. When the principal has defaulted in any way, the surety, at its option, in lieu of

completing the work required, may remove or demolish the building or structure and

clear, clean and restore the site.

Sec. 6.140.120. Bond other than surety bond--Default.

If a deposit has been made as provided in Section 6.140.090, the Building Official shall

give notice of default, as provided in section 6.140.110, to the permittee. If the permittee

does not perform within the time specified in the notice, the Building Official shall

proceed without delay and without further notice or proceeding whatever to use the

deposit, or any portion of the deposit necessary to cause the required work to be done by

contract or otherwise at the Building Official's discretion, upon the completion of the

work. The balance, if any, of the deposit, shall be returned to the depositor or to the

depositor's successors or assigns after deducting the cost of the work plus ten (10) percent

of the cost, which is an amount to defray the Town's cost in enforcement and

administration.

Sec. 6.140.130. Same--Release. When a deposit has been made as provided in Section

6.140.090 and all requirements of the permit have been completed, the Building Official

shall return the deposit to the depositor or to the depositor's successors or assigns, except

any portion thereof that may have been used or deducted as provided in this section.

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ARTICLE XV. CALIFORNIA RESIDENTIAL BUILDING CODE

Sec. 6.150.010. Adopted.

The 2016 California Residential Code, California Code of Regulations, Title 24, Part 2.5

is adopted by reference including Appendices A, B, C, D, E, G, H, J, K, O, P, and Q and

as locally modified by the following Sections of this Article.

Sec. 6.150.020. Fire Protection Amendments.

CRC Section R313.1 is amended to read:

R313.1 Townhouse automatic fire sprinkler systems.

An automatic residential fire sprinkler system shall be installed in all new townhouses

and in existing townhouses when additions are made that increase the building area to

more than 3,600 square feet.

Exception: One or more additions made to an existing building after January 1, 2011 that

do not total more than 1000 square feet of building area.

CRC Section R313.2 is amended to read:

R313.2 One- and two-family dwellings automatic fire sprinkler systems. An

automatic residential fire sprinkler system shall be installed in one- and two-family

dwellings as follows:

1. In all new one- and two-family dwellings and in existing one- and two-family

dwellings when additions are made that increase the building area to more than

3,600 square feet.

Exception: One or more additions made to an existing building after January 1,

2011 that do not total more than 1000 square feet of building area.

2. In all new basements and in existing basements that are expanded.

Exception: Existing basements that are expanded by not more than 50%.

CRC Section R337.7.9 is amended as follows: Delete, “When required by the

enforcing agency,”

CRC Section R337.10.3.2 is deleted in its entirety.

CRC Section R337.10.4 is amended as follows: Delete, “When required by the

enforcing agency,”

CRC Section R902.1.4. is amended to read:

R902.1.4. Roofing coverings within the Wildland-Urban Interface Fire Area.

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The entire roof covering of every existing structure where more than 50 percent of the

total roof area is replaced within any one-year period, the entire roof covering of every

new structure, and any roof covering applied in the alteration, repair or replacement of

the roof of every existing structure, shall be a fire-retardant roof covering that is at least

Class A.

Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall

also comply with Section R337.5.

CRC Section 902.1.3 is amended to read:

R902.1.3 Roof coverings in all other areas.

The entire roof covering of every existing structure where more than 50 percent of the

total roof area is replaced within any one-year period, the entire roof covering of every

new structure, and any roof covering applied in the alteration, repair or replacement of

the roof of every existing structure, shall be a fire-retardant roof covering that is at least

Class A.

Sec. 6.150.030. Prohibit Plain Concrete in Footings.

Section R403.1.3 of the California Residential Code adopted by this Article is amended

to read as follows:

R403.1.3 Seismic reinforcing.

Concrete footings located in Seismic Design Categories Do, D1, and D2, as established in

Table R301.2(1), shall have minimum reinforcement of at least two continuous

longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be

located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic design Categories Do, D1, and D2 where a construction joint is created

between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be

installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3

inches (76 mm) clear of the bottom of the footing, have a standard hook, and extend a

minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories Do, D1, and D2 where a grouted masonry stem wall is

supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be

installed at not more 4 feet (1219 mm) on center. The vertical bar shall extend to 3

inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories Do, D1, and D2, masonry stem walls without solid grout

and vertical reinforcing are not permitted.

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Exception: In detached one- and two-family dwellings which are three stories or less in

height and constructed with stud bearing walls, plain concrete footings without

longitudinal reinforcement supporting walls and isolated plain concrete footings

supporting columns or pedestals are not permitted.

Sec. 6.150.040. Limits on methods using Gypsum Board and Cement Plaster.

Section R602.10.4 and Table R602.10.3(3) of the California Residential Code adopted by

this Article are amended as follows:

Add a new subsection R602.10.4.4, to read:

R602.10.4.4 Limits on methods Gypsum Board and Portland Cement Plaster

In Seismic Design Categories Do. D1, and D2 Method Gypsum Board is not permitted

for use as intermittent braced wall panels, but gypsum board is permitted to be installed

when required by this Section to be placed on the opposite side of the studs from other

types of braced wall panel sheathing. In Seismic Design Categories Do, D1, and D2, the

use of Method Portland Cement Plaster is limited to one-story single family dwellings

and accessory structures.

Add a new footnote “f” to the end of CRC Table R602.10.3(3), to read:

e. In Seismic Design Categories Do, D1, and D2, Method Gypsum Board is not

permitted and the use of Method Portland Cement Plaster is limited to one-story

single family dwellings and accessory structures.

Add the “f” footnote notation in the title of Table R602.10.3(3) to read:

TABLE R602.10.3(3)f

Sec. 6.150.050. Work exempt from permit.

CRC Section R105.2 Work exempt from permit.

Building: Item 2. is amended to read:

2. Fences not over 6 feet high.

Sec. 6.150.60 Pool construction permit; safety features required. Portions of the 2013

California Residential Code Appendix Section AG100.2 are deleted and amended as

follows:

AG100.2 Construction permit; safety features required. Commencing January 1, 2007,

except as provided in Section 3109.4.4.5, whenever a building permit is issued for

construction of a new swimming pool or spa, or any building permit is issued for

remodeling of an existing pool or spa, at a private single-family home, it shall be

equipped with at least one of the following seven drowning prevention features:

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2. The pool shall incorporate removable mesh pool fencing that meets American

Society for Testing and Materials (ASTM) Specifications F 2286 standards in

conjunction with a gate that is self closing and self-latching and can

accommodate a key lockable device.

4. The residence shall be equipped with exit alarms on those doors providing

direct access to the pool. These exit alarms shall be permanently, physically

attached to the doors and door frames.

6. Swimming pool alarms that, when placed in pools, will sound upon detection

of accidental or unauthorized entrance into the water. These pool alarms shall

meet and be independently certified to the ASTM Standard F 2208 “Standards

Specification for Pool Alarms” which includes surface motion, pressure,

sonar, laser and infrared type alarms. For the purposes of this article,

“swimming pool alarms” shall not include swimming protection alarm devices

designed for individual use, such as an alarm attached to a child that sounds

when the child exceeds a certain distance or becomes submerged in water.

Note: These in-pool alarms are only allowed as a supplement to the other

safety features.

SECTION II

CHAPTER 9, Article III, IS DELETED IN ITS ENTIRETY AND REPLACED WITH

THE FOLLOWING:

Sec. 9.30.005. Adoption of 2016 CFC and 2015 IFC

Adoption of the 2016 California Fire Code and 2015 International Fire Code.

There is hereby adopted by the Town for the purpose of prescribing regulations

governing conditions hazardous to life and property from fire or explosion, that certain

Code known as the 2016 California Fire Code and also the International Fire Code 2015

Edition, including Appendix Chapters B, C, J, and N and the whole thereof, save and

except such portions as are hereinafter deleted, modified or amended by this ordinance,

of which one copy has been filed for use and examination by the public in the office of

the Town Building Official and the Town Fire Chief and the same adopted and

incorporated as fully as if set out at length herein, and from January 1, 2017 the provision

thereof shall be controlling within the limits of the Town.

Sec. 9.30.010. Establishment of limits of districts in which storage of flammable or

combustible liquids in outside aboveground tanks is prohibited.

The limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which the

storage of flammable or combustible liquids in aboveground tanks is prohibited are

hereby established as all locations of the Town which are residential and congested

commercial areas as determined by the fire code official.

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Sec. 9.30.015. Establishment of limits of districts in which storage of flammable or

combustible liquids in aboveground tanks is prohibited.

The limits referred to in Section 5706.2.4.4 of the California Fire Code, in which the

storage of flammable or combustible liquids in aboveground tanks is prohibited are

hereby established as all locations of the Town that are residential or other locations as

determined by the fire code official.

Sec. 9.30.020. Establishment of limits of districts in which storage of stationary

tanks of flammable cryogenic fluids are to be prohibited.

The limits referred to in Section 5806.2 of the California Fire Code in which the storage

of flammable cryogenic liquids in stationary containers is prohibited are hereby

established as all locations of the Town which are residential and congested commercial

areas as determined by the fire code official.

Sec. 9.30.025. Establishment of limits in which storage of liquefied petroleum gases

is prohibited.

The limits referred to in Section 6104.2 of the California Fire Code, in which storage of

liquefied petroleum gas is restricted, are hereby established as all locations of the Town

that are residential or congested commercial areas.

Exceptions: LPG may be used for industrial operations or when natural gas would not

provide a viable substitute for LPG. Portable containers for temporary heating and/or

cooking uses may be permitted if stored and handled in accordance with this code.

Facilities in commercial areas for refueling portable or mobile LGP containers may be

approved by the fire code official on a case-by-case basis.

Chapter 1, Division II

Administration

Chapter 1 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 105 PERMITS

Sec. 9.30.745. Construction permit fees.

Section 105.1.7 is added to read as follows:

105.1.7 Construction permit fees. Construction permit fees and plan review fees for

fire hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to

the Santa Clara County Fire Department in accordance with the following table based on

valuation. The valuation shall be limited to the value of the system installation for which

the permit is being issued. Plan review fees are 65% of the Permit Fee amount. For the

purposes of determining the total fee amount for each permit, the plan review fee shall be

added to the Permit Fee.

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TOTAL VALUATIONS PERMIT FEE

$1.00 TO $500.00 $23.50

$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional

$100.00, or fraction thereof, to and including $2,000.00

$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional

$1,000.00 or fraction thereof, to and including $25,000.00

$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each

additional $1,000.00, or fraction thereof, to and including

$50,000.00

$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional

$1,000.00, or fraction thereof, to and including $100,000.00

$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional

$1,000.00, or fraction thereof, to and including $500,000.00

$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each

additional $1,000.00, or fraction thereof, to and including

$1,000,000.00

$1,000,001 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each

additional $1,000.00, or fraction thereof

Additional re-inspections, in connection with the permits above, are to be paid at $ 50.00

112.00 for each occurrence at the discretion of the fire code official.

Cancelled inspections without advance notice are to be paid at $112.00 for each occurrence.

(Ord. No. ______)

Sec. 9.30.750. Operational permit fees.

Section 105.1.8 is added to read as follows:

105.1.8 Operational permit fees. Operational permit fees shall be paid to the Santa

Clara County Fire Department as follows:

FACILITY TYPE PERMIT FEE

1. Institutional

A. More than 6 persons $75.00 - Annually

B. Over 50 persons $100.00 - Annually

2. Day Care Facilities

More than 6 clients $35.00 - Annually

3. Places of Assembly

A. 50-300 persons $50.00 - Annually

B. Over 300 persons $85.00 - Annually

4. Temporary Membrane Structures, Tents and Canopies (Only

those requiring permits in accordance with Section 105.6.43).

$85.00 – Each occurrence

(Ord. No. _________)

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Sec. 9.30.755. Compressed gas permits.

Amend Table 105.6.9 to read:

TABLE 105.6.9

PERMIT AMOUNTS FOR COMPRESSED GASES

TYPE OF GAS AMOUNT

cubic feet at NTP

Corrosive 200

Flammable (except cryogenic and liquefied petroleum gases) 200

Highly toxic Any amount

Inert and simple asphyxianta 6,000

Moderately toxic 20

Other health hazard 200

Oxidizing (including oxygen) 504

Pyrophoric Any amount

Toxic Any amount

For SI: 1 cubic foot = 0.02832 m2 a. For carbon dioxide used in beverage dispensing applications, see Section 105.6.4.

Sec. 9.30.760. Flammable and combustible liquids.

105.6. 17 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable

or combustible liquids. This requirement shall not apply to the offsite

transportation in pipelines regulated by the Department of Transportation (DOTn)

nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building

or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is

not required for the following:

2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle,

aircraft, motorboat, mobile power plant or mobile heating plant, unless such

storage, in the opinion of the fire code official, would cause an unsafe

condition.

2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures

where such liquids are stored for maintenance, painting or similar purpose for

a period of not more than 30 days.

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95

L) in a building or in excess of 60 gallons (227 L) outside a building, except for

fuel oil used in connection with oil burning equipment.

4. To store, handle or use Class IIIB liquids I tanks or portable tanks for fueling

motor vehicles at motor fuel-dispensing facilities or where connected to fuel-

burning equipment.

Exception: Fuel oil and used motor oil used for space heating or water heating. 56

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5. To remove Class I or II liquids from an underground storage tank used for fueling

motor vehicles by any means other than the approved, stationary onsite pumps

normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-

dispensing stations, refineries, distilleries, and similar facilities where flammable

and combustible liquids are produced, processed, transported, stored, dispensed or

used.

7. To place temporarily out of service (for more than 90 days) an underground,

protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank

to a materials that poses a greater hazard than that for which the tank was

designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at

commercial, industrial, governmental or manufacturing establishments in

accordance with Section 5706.5.4 or to engage in on-demand mobile fueling

operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel

tanks of motor vehicles, marine craft and other special equipment at commercial,

industrial, governmental or manufacturing establishments in accordance with

Section 5706.5.4 or to engage in on-demand mobile fueling operations in

accordance with Section 5707.

Sec. 9.30.765. Permit amounts for hazardous materials.

Table 105.6.21 is amended to read as follows:

TABLE 105.6.21

PERMIT AMOUNTS FOR HAZARDOUS MATERIALS

TABLE INSET:

TYPE OF MATERIAL AMOUNT

Combustible liquids See Section 105.6.17

Corrosive materials

Gases

Liquids

Solids

See Section 105.6.9

55 gallons

500 pounds

Explosive materials See Section 105.6.15

Flammable materials

Gases

Liquids

Solids

See Section 105.6.9

See Section 105.6.17

100 pounds

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Highly toxic materials

Gases

Liquids

Solids

See Section 105.6.9

Any Amount

Any Amount

Moderately toxic materials

Gases

See Section 105.6.9

Other health hazard materials

Gases

Liquids

Solids

See Section 105.6.9

55 gallons

500 pounds

Oxidizing materials

Gases

Liquids

Class 4

Class 3

Class 2

Class 1

Solids

Class 4

Class 3

Class 2

Class 1

See Section 105.6.9

Any Amount

1 gallona

10 gallons

55 gallons

Any Amount

10 poundsb

100 pounds

500 pounds

Organic peroxides

Liquids

Class I

Class II

Class III

Class IV

Class V

Solids

Class I

Class II

Class III

Class IV

Class V

Any Amount

Any Amount

1 gallon

2 gallons

No Permit Required

Any Amount

Any Amount

10 pounds

20 pounds

No Permit Required

Pyrophoric materials

Gases

Liquids

Solids

Any Amount

Any Amount

Any Amount

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For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg.

a. 20 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in

accordance with Section 5003.5 are provided for quantities of 20 gallons or less.

b. 200 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in

accordance with Section 5003.5 are provided for quantities of 200 pounds or less.

(Ord. ________)

Sec. 9.30.770. Day care facility permit.

Section 105.6.50 is added to read as follows:

105.6.50 Day care facility. An operational permit is required to operate a business as a

day care facility for more than 6 people.

(Ord. No. _________)

Toxic materials

Gases

Liquids

Solids

See Section 105.6.9

10 gallons

100 pounds

Unstable (reactive) materials

Liquids

Class 4

Class 3

Class 2

Class 1

Solids

Class 4

Class 3

Class 2

Class 1

Any Amount

Any Amount

5 gallons

10 gallons

Any Amount

Any Amount

50 pounds

100 pounds

Water-reactive materials

Liquids

Class 3

Class 2

Class 1

Solids

Class 3

Class 2

Class 1

Any Amount

5 gallons

55 gallons

Any Amount

50 pounds

500 pounds

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Sec. 9.30.775. Institutional permits.

Section 105.6.51 is added to read as follows:

105.6.51 Institutional. A permit is required to operate, maintain, or use any institutional

type occupancy. For the purpose of this Section, an institution shall be, but is not limited

to: hospitals, children's home, home or institution for insane or mentally retarded persons,

home or institution for the care of aged or senile persons, sanitarium, nursing or

convalescent home, certified family care homes, residential care homes for the elderly,

out of home placement facilities, halfway house, and day care nurseries or similar facility

of any capacity.

(Ord. __________)

Section 105.7.3 is amended to read as follows:

105.7.3 Compressed gases. A construction permit is required to install, any piped

distribution system for compressed gases, or to install a non-flammable medical gas

manifold system. A construction permit is required to install, repair damage to, abandon,

remove, place temporarily out of service, close or substantially modify a compressed gas

system.

Exceptions:

1. Routine maintenance.

2. For emergency repair work performed on an emergency basis, application for

permit shall be made within two working days of commencement of work.

The permit applicant shall apply for approval to close storage, use or handling

facilities at least 30 days prior to the termination of the storage, use or handling of

compressed or liquefied gases. Such application shall include any change or alteration of

the facility closure plan. This 30-day period may be waived by the chief if there are

special circumstances requiring such waiver.

(Ord. ___________)

Section 105.7.4 is amended to read as follows:

105.7.4 Cryogenic fluids. A construction permit is required for installation of or

alteration to cryogenic fluid storage systems where the system capacity exceeds the

amounts listed in Table 105.6.11. Maintenance performed in accordance with this code is

not considered an alteration and does not require a construction permit.

(Ord. __________)

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SECTION 106 INSPECTIONS

Sec. 9.30.780. Final inspection.

Section 106.5 is added to read as follows:

106.5 Final inspection. No final inspection as to all or any portion of a development

shall be deemed completed until the installation of the required fire protection facilities

and access ways have been completed and approved. No final certificate of occupancy

may be granted until the Fire Department issues notice of final clearance of such fire

protection facilities and access ways to the Building Department.

(Ord. No. _________)

Sec. 9.30.785. Violations.

Section 109.4 is deleted

(Ord. No. _________)

Chapter 2

DEFINITIONS

Chapter 2 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 202 GENERAL DEFINITIONS

The following definitions are added/amended:

Amend the following definition to read:

CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system

where the analytical instrument is maintained in continuous operation and sampling is

performed without interruption. Analysis is allowed to be performed on a cyclical basis at

intervals not to exceed 30 minutes. In occupied areas where air is re-circulated and not

exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical

basis at intervals not to exceed 5 minutes. The gas detection system shall be able to detect

the presence of a gas at or below the permissible exposure limit in occupiable areas and at

or below ½ IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable areas.

Add the following definition to read:

CORROSIVE LIQUID. Corrosive liquid is

1. any liquid which, when in contact with living tissue, will cause destruction or

irreversible alteration of such tissue by chemical action;

2. any liquid having a pH of 2 or less or 12.5 or more;

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3. any liquid classified as corrosive by the U.S. Department of Transportation; and

4. any material exhibiting the characteristics of corrosivity in accordance with Title

22, California Code of Regulations §66261.22.

Add the following definition to read:

MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum Threshold Quantity

(Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be

stored in a single vessel before a more stringent category of regulation is applied.

Add the following definition to read:

MINIMUM THRESHOLD QUANTITY. Minimum threshold quantity is the aggregate

of highly toxic, toxic or moderately toxic gases in a control area which, due to the

minimum aggregate quantities, need only comply with the requirements set forth in

Section 6004.1

Add the following definition to read:

MODERATELY TOXIC GAS. A chemical or substance that has a median lethal

concentration (LC50) in air more than 2000 parts per million but not more than 5000

parts per million by volume of gas or vapor, when administered by continuous inhalation

for an hour, or less if death occurs within one hour, to albino rats weighing between 200

and 300 grams each.

Add the following definition to read:

OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target

organs of the body, including but not limited to, those materials which produce liver

damage, kidney damage, damage to the nervous system, act on the blood to decrease

hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities,

including mutations (chromosomal damage) or teratogens (effect on fetuses).

Amend the following definition to read:

WORKSTATION is a defined space or an independent principal piece of equipment

using hazardous materials with a hazard rating of 3 or higher as ranked by NFPA 704

where a specific function, laboratory procedure or research activity occurs. Approved or

listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas

cabinets serving a workstation are included as part of the workstation. A workstation is

allowed to contain ventilation equipment, fire protection devices, electrical devices, and

other processing and scientific equipment.

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Chapter 3

GENERAL PRECAUTIONS AGAINST FIRE

Chapter 3 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 316 HAZARDS TO FIREFIGHTERS

Add Section 316.7 to read: BUILDING STANDARD

316.7 Roof guardrails at interior courts. Roof openings into interior courts that are

bounded on all sides by building walls shall be protected with guardrails. The top of the

guardrail shall not be less than 42 inches in height above the adjacent roof surface that

can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch

diameter sphere cannot pass through.

Exception: Where the roof opening is greater than 600 square feet in area.

Chapter 5

FIRE SERVICE FEATURES

Chapter 5 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 503 FIRE APPARATUS ACCESS ROADS

Amend Section 503.1 as follows:

503.1 Where required. Fire apparatus access roads shall be provided and maintained in

accordance with Sections 503.1.1 through 503.1.3 and as per fire department access road

standards.

Amend Section 503.2.1 as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not

less than 20 feet (6096 mm), exclusive of shoulders, or as required by fire department

access road standards, except for approved security gates in accordance with Section

503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).

Exception:

When there are not more than two Group R, Division 3, or Group U occupancies,

the access road width may be modified by the fire code official.

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Amend Section 503.2.2 as follows:

503.2.2 Authority. The fire code official shall have the authority to require or permit

modifications to the required access widths and/or vertical clearance where they are

inadequate for fire or rescue operations or where necessary to meet the public safety

objectives of the jurisdiction.

SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS

Add Section 504.5 to read:

504.5 Access control devices. When access control devices including bars, grates, gates,

electric or magnetic locks or similar devices, which would inhibit rapid fire department

emergency access to or within the building are installed, such devices shall be approved

by the fire code official. All electrically powered access control devices shall be

provided with an approved means for deactivation or unlocking from a single location or

otherwise approved by the fire code official.

Access control devices shall also comply with Chapter 10 Egress.

Chapter 6

BUILDING SERVICES AND SYSTEMS

Chapter 6 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 605 ELECTRICAL EQUIPMENT, WIRING AND

HAZARDS

Add Section 605.13 to read:

605.13 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks,

vats and similar operations shall be provided with approved over-temperature controls

and low liquid level electrical disconnects. Manual reset of required protection devices

shall be provided.

Chapter 8

INTERIOR FINISH, DECORATIVE MATERIALS AND

FURNISHINGS

Chapter 8 of the 2015 International Fire Code is adopted with the following amendments:

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SECTION 806 DECORATIVE VEGETATION IN NEW AND

EXISTING BUILDINGS

Amend Section 806.1.1 as follows:

Display inside buildings. The display of Christmas trees and other decorative vegetation

shall be in accordance with the California Code of Regulations, Title 19, Division 1,

§3.08 and Sections 806.1 through 806.5.

Chapter 9

FIRE PROTECTION SYSTEMS

Chapter 9 of the 2015 International Fire Code is adopted with the following amendments:

SECTION 903 AUTOMATIC SPRINKLER SYSTEMS

Amend Section 903.2 to read:

903.2 Where required. Approved automatic sprinkler systems in new and existing

buildings and structures shall be provided in the locations described in this Section or in

Sections 903.2.1 through 903.2.19 whichever is the more restrictive.

For the purposes of this section, firewalls and fire barriers used to separate building

areas shall be constructed in accordance with the California Building Code and shall be

without openings or penetrations.

1. In other than residential buildings which require the installation of fire sprinklers

for all new buildings according to the California Residential Code, an automatic

sprinkler system shall be provided throughout all new buildings and structures.

Exceptions:

a. Buildings and structures that do not exceed 1,000 square feet of building

area and that are not located in the Wildland-Urban Interface Fire Area.

b. Buildings and structures that are located in the Wildland-Urban Interface

Fire Area and do not exceed 500 square feet of building area.

c. Group S-2 or U occupancies that are not located in the Wildland-Urban

Interface and used exclusively for vehicle parking and meeting all of the

following conditions:

i. Noncombustible construction

ii. Maximum building area not to exceed 5,000 square feet

iii. Structure is open on three (3) or more sides

iv. Minimum of 10 feet separation from existing buildings unless area

is separated by fire walls complying with CBC 706.

2. An automatic sprinkler system shall be provided throughout existing buildings

and structures when alterations or additions are made that create conditions

described in Sections 903.2.1 through 903.2.19.

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3. An automatic sprinkler system shall be provided throughout existing buildings

and structures, when additions are made that increase the building area to more

than 3,600 square feet.

Exception:

One or more additions made to a building after January 1, 2011 that do not

total more than 1,000 square feet of building area.

4. An automatic sprinkler system shall be provided throughout all new basements

regardless of size and throughout existing basements that are expanded by more

than 50%.

5. Any change in the character of occupancy or in use of any building with a

building area equal to or greater than 3,600 square feet which, in the opinion of

the fire code official or building official, would place the building into a more

hazardous division of the same occupancy group or into a different group of

occupancies and constitutes a greater degree of life safety1 or increased fire risk

2,

shall require the installation of an approved fire automatic fire sprinkler system.

1 Life Safety – Increased occupant load, public assembly areas, public meeting

areas, churches, indoor amusement attractions, buildings with complex exiting

systems due to increased occupant loads, large schools/day-care facilities, large

residential care facilities with non-ambulatory

2 Fire Risks – High-piled combustible storage, woodworking operations,

hazardous operations using hazardous materials, increased fuel loads (storage of

moderate to highly combustible materials), increased sources of ignition (welding,

automotive repair with the use of flammable liquids and open flames).

Chapter 33

FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION

Chapter 33 of the 2015 International Fire Code is adopted with the following

amendments:

SECTION 3304 PRECAUTIONS AGAINST FIRE

Add Section 3304.8 to read:

3304.8 Fire walls. When firewalls are required, the wall construction shall be completed

(with all openings protected) immediately after the building is sufficiently weather-

protected at the location of the wall(s).

SECTION 3311 MEANS OF EGRESS

Building Standard

Amend Section 3311.1 as follows:

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[B] 3311.1 Stairways required. Each level above the first story in multi-story buildings

that require two exit stairways shall be provided with at least two usable exit stairways

after the floor decking is installed. The stairways shall be continuous and discharge to

grade level. Stairways serving more than two floor levels shall be enclosed (with

openings adequately protected) after exterior walls/windows are in place. Exit stairs in

new and in existing, occupied buildings shall be lighted and maintained clear of debris

and construction materials at all times.

Exception: For multi-story buildings, one of the required exit stairs may be obstructed on not

more than two contiguous floor levels for the purposes of stairway construction

(i.e., installation of gypsum board, painting, flooring, etc.).

Building Standard

Add Section 3311.1.1 to read:

Section 3311.1.1 Required means of egress. All buildings under construction shall have

at least one unobstructed means of egress. All means of egress shall be identified in the

prefire plan see Section 3308.2.

CHAPTER 49

REQUIREMENTS FOR WILDLAND-URBAN INTERFACE

FIRE AREAS

Chapter 49 of the 2016 California Fire Code is adopted with the following amendments:

Amend Section 4902 as follows:

SECTION 4902 DEFINITIONS

Amend definition of Wildland-Urban Interface Fire Area as follows:

Wildland-Urban Interface Fire Area is a geographical area identified by the state as a

“Fire Hazard Severity Zone” in accordance with the Public Resources Code Sections

4201 through 4204 and Government Code Sections 51175 through 51189, or other areas

designated by the enforcing agency to be at a significant risk from wildfires. The

Wildland-Urban Interface Fire Area shall be defined as all areas within the Town of Los

Gatos as set forth and delineated on the map entitled "Wildland-Urban Interface Fire

Area” which map and all notations, references, data and other information shown thereon

are hereby adopted and made a part of this chapter. The map properly attested, shall be on

file in the Office of the Town Clerk of the Town of Los Gatos.

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SECTION 4906 HAZARDOUS VEGETATION AND FUEL

MANAGEMENT

Amend Section 4906.2 to read:

4906.2 Application. Buildings and structures located in the following areas shall

maintain the required hazardous vegetation and fuel management:

1. All unincorporated lands designated by the State Board of Forestry and Fire

Protection as State Responsibility Areas (SRA) including:

1.1. Moderate Fire Hazard Severity Zones

1.2. High Fire Hazard Severity Zones

1.3. Very-high Fire Hazard Severity Zones

2. Land designated as a Very-high Fire Hazard Severity Zone or as a Wildland

Urban Interface Fire Area the Town of Los Gatos.

SECTION 4907 DEFENSIBLE SPACE

Amend Section 4907.1 to read:

4907.1 General. Defensible space will be maintained around all buildings and structures

in Sate Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA

Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7,

Subchapter 2, Section 1270.

Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local

Responsibility Area (LRA) shall maintain defensible space as outlined in Government

Code 51175 – 51189 and any local ordinance of the authority having jurisdiction.

Persons owning, leasing, controlling, operating or maintaining buildings or structures in

the locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-

High Fire Hazard Severity Zone and persons owning, leasing or controlling land adjacent

to such buildings or structures, shall at all times:

1. Maintain an effective defensible space by removing and clearing away flammable

vegetation and combustible growth from areas within 30 feet (9144 mm) of such

buildings or structures.

Exception: Single specimens of trees, ornamental shrubbery or similar plants

used as ground covers, provided that they do not form a means of rapidly

transmitting fire from the native growth to any structure.

2. Maintain additional effective defensible space by removing brush, flammable

vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480

mm) when required by the fire code official due to steepness of terrain or other

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conditions that would cause a defensible space of only 30 feet (9144 mm) to be

insufficient.

Exception: Grass and other vegetation located more than 30 feet (9144 mm) from

buildings or structures and less than 18 inches (457 mm) in height above the

ground need not be removed where necessary to stabilize the soil and prevent

erosion.

3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a

chimney.

4. Maintain trees adjacent to or overhanging a building free of deadwood; and

5. Maintain the roof of a structure free of leaves, needles or other dead vegetative

growth.

6. Defensible space shall also be provided around water tank structures, water supply

pumps and pump houses

7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas

tanks/containers.

8. Firewood and combustible materials shall not be stored in unenclosed spaces beneath

buildings or structures, or on decks or under eaves, canopies or other projections or

overhangs. The storage of firewood and combustible material within the defensible

space shall be located a minimum of 30 feet (6096 mm) from structures and separated

from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).

Exception: Firewood and combustible materials not for consumption on the

premises shall be stored as approved by the fire code official.

9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of

non-fire-resistive vegetation growth.

Exception: Single specimens of trees, ornamental vegetative fuels or cultivated

ground cover, such as green grass, ivy, succulents or similar plants used as ground

cover, provided they do not form a means of readily transmitting fire.

Add Section 4907.2 to read:

4907.2 Corrective actions. The executive body is authorized to instruct the fire code

official to give notice to the owner of the property upon which conditions regulated by

Section 4907.1 exist to correct such conditions. If the owner fails to correct such

conditions the executive body is authorized to cause the same to be done and make the

expense of such correction a lien upon the property where such conditions exists.

Add section 4908 to read:

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SECTION 4908 FIRE PROTECTION PLAN

4908.1 General. When required by the code official, a fire protection plan shall be

prepared.

4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that

includes considerations of location, topography, aspect, flammable vegetation, climatic

conditions and fire history. The plan shall address water supply, access, building ignition

and fire-resistance factors, fire protection systems and equipment, defensible space and

vegetation management.

4908.3 Cost. The cost of fire protection plan preparation and review shall be the

responsibility of the applicant.

4908.4 Plan retention. The fire protection plan shall be retained by the fire code official.

Add Section 4909 to read:

SECTION 4909 WATER SUPPLY

4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or

relocated into or within the Wildland-Urban Interface Fire Area shall be provided with

fire protection water supplies in accordance with Chapter 5 and Section 4909.2.

Exception:

Buildings containing only private garages, carports, sheds and agricultural

buildings with a building area of not more than 500 square feet (56 m2).

4909.2 Standby power. Stationary water supply facilities within the wildland-urban

interface area dependent on electrical power to meet adequate water supply demands

shall provide standby power systems in accordance with the Electrical Code to ensure

that an uninterrupted water supply is maintained. The standby power source shall be

capable of providing power for a minimum of two hours.

Exceptions:

1. When approved by the code official, a standby power supply is not required

where the primary power service to the stationary water supply facility is

underground.

2. A standby power supply is not required where the stationary water supply

facility serves no more than one single-family dwelling.

Add Section 4910 to read:

SECTION 4910 IGNITION SOURCE CONTROL

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4909.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban

Interface Fire Area.

Chapter 50

HAZARDOUS MATERIALS-GENERAL PROVISIONS

Chapter 50 of the 2015 International Fire Code is adopted with the following

amendments:

SECTION 5001 GENERAL

Amend Section 5001.2.2.2 to read:

5001.2.2.2 Health hazards The material categories listed in this section are classified as

health hazards. A material with a primary classification as a health hazard can also pose

a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Other health hazards.

SECTION 5003 GENERAL REQUIREMENTS

Add Section 5003.1.5 to read:

5003.1.5 Toxic, highly toxic, moderately toxic gases and similarly used or handled

materials. The storage, use and handling of toxic, highly toxic and moderately toxic

gases in amounts exceeding Table 6004.2 or 6004.3 shall be in accordance with this

chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used

or handled as a gas or vapor shall be in accordance with the requirements for toxic,

highly toxic or moderately toxic gases.

Add Section 5003.1.6 to read:

5003.1.6 Other health hazards. The storage, use and handling of materials classified as

other health hazards including carcinogens, irritants and sensitizers in amounts exceeding

810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in

accordance with Section 5003.

Add Section 5003.1.7 to read:

5003.1.7 Additional spill control and secondary containment requirements. In

addition to the requirements set forth in Section 5004.2, an approved containment system

is required for any quantity of hazardous materials, that are liquids or solids at normal

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temperature, and pressure (NTP) where a spill is determined to be a plausible event and

where such an event would endanger people, property or the environment. The approved

containment system may be required to include a combination of spill control and

secondary containment meeting the design and construction requirements set forth in

Section 5004.2.

Amend Sec. 5003.2.2.1 to read:

5003.2.2.1 Design and construction. Piping, tubing, valves, fittings and related

components used for hazardous materials shall be in accordance with the following:

1. Piping, tubing, valves, fittings and related components shall be designed and

fabricated from materials that are compatible with the material to be contained and

shall be of adequate strength and durability to withstand the pressure, structural and

seismic stress, and exposure to which they are subject.

2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa

Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous

Materials and Hazardous Waste to indicate the material conveyed.

3. Readily accessible manual valves or automatic remotely activated fail-safe

emergency shutoff valves shall be installed on supply piping and tubing at the

following locations:

1. The point of use.

2. The tank, cylinder or bulk use.

4. Manual emergency shutoff valves and controls for remotely activated emergency

shutoff valves shall be identified and the location shall be clearly visible, accessible

and indicated by means of a sign.

5. Backflow prevention or check valves shall be provided where the backflow of

hazardous materials could create a hazardous condition or cause the unauthorized

discharge of hazardous materials.

6. Where gases or liquids having a hazard ranking of:

Health hazard Class 3 or 4

Flammability Class 4

Instability Class 3 or 4

in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per

square inch gauge (psig) (103 Kpa), an approved means of leak detection and

emergency shutoff or excess flow control shall be provided. Where the piping

originates from within a hazardous material storage room or area, the excess flow

control shall be located within the storage room or area. Where the piping originates

from a bulk source, the excess flow control shall be located as close to the bulk

source as practical.

Exceptions: 1. Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

7. Secondary containment or equivalent protection from spills or leaks shall be provided

for piping for liquid hazardous materials and for highly toxic and toxic corrosive

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gases above threshold quantities listed in Table 6004.1. Secondary containment

includes, but is not limited to double walled piping.

Exceptions: 1. Secondary containment is not required for toxic corrosive gases if the piping

is constructed of inert materials.

2. Piping under sub-atmospheric conditions if the piping is equipped with an

alarm and fail-safe-to-close valve activated by a loss of vacuum.

8. Expansion chambers shall be provided between valves whenever the regulated gas

may be subjected to thermal expansion. Chambers shall be sized to provide

protection for piping and instrumentation and to accommodate the expansion of

regulated materials.

Amend Section 5003.2.2.2 to read:

5003.2.2.2 Additional regulation for supply piping for health-hazard materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4

shall be in accordance with ASME B31.3 and the following:

1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly

volatile corrosive liquids and gases shall have welded or brazed connections

throughout except for connections within an exhausted enclosure if the material is

a gas, or an approved method of drainage or containment is provided for

connections if the material is a liquid.

2. Piping and tubing shall not be located within corridors, within any portion of a

means of egress required to be enclosed in fire-resistance-rated construction or in

concealed spaces in areas not classified as Group H occupancies.

EXCEPTION:

Piping and tubing within the space defined by the walls of corridors and the

floor or roof above or in concealed space above other occupancies when

installed in accordance with Section 415.11.6.4 of the California Building

Code for Group H-5 occupancies.

3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a

helium leak test of 1x10-9

cubic centimeters/second where practical, or shall pass

testing in accordance with an approved, nationally recognized standard. Tests

shall be conducted by a qualified third party not involved with the construction of

the piping and control systems.

Amend Section 5003.3.1 as follows:

5003.3.1 Unauthorized discharges. Where hazardous materials are released in

quantities reportable under state, federal or local regulations or when there is release or a

threatened release that presents a threat to health, property or the environment, the fire

code official shall be notified immediately in an approved manner and the following

procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.

Add Sec. 5003.5.2 to read:

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5003.5.2 Ventilation ducting. Product conveying ducts for venting hazardous materials

operations shall be labeled with the hazard class of the material being vented and the

direction of flow.

Add Sec. 5003.5.3 to read:

5003.5.3 "H" occupancies. In "H" occupancies, all piping and tubing may be required to

be identified when there is any possibility of confusion with hazardous materials transport

tubing or piping. Flow direction indicators are required.

Add Sec. 5003.9.11 to read:

5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using

hazardous materials. Combustible and non-combustible workstations, which dispense,

handle or use hazardous materials, shall be protected by an approved automatic fire

extinguishing system in accordance with Section 2703.10.

Exception:

Internal fire protection is not required for Biological Safety Cabinets that carry

NSF/ANSI certification where quantities of flammable liquids in use or storage

within the cabinet do not exceed 500ml.

Amend California amendment Section 5003.10.4 to read:

5003.10.4 Elevators utilized to transport hazardous materials.

5003.10.4.1 When transporting hazardous materials, elevators shall have no other

passengers other than in the individual(s) handling the chemical transport cart.

5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20

liters (5.26 gal).

5003.10.4.3 Toxic, highly toxic and asphyxiant gases shall be limited to a container of a

maximum water capacity of 1 lb.

5003.10.4.4 Means shall be provided to prevent the elevator from being summoned to

other floors.

SECTION 5004 STORAGE

Amend Section 5004.2.1 as follows:

5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used

for storage of hazardous material liquids in individual vessels having a capacity of more

than 55 gallons (208 L), or in which the aggregate capacity of multiple vessels exceeds

1,000 gallons (3785 L), shall be provided with spill control to prevent the flow of liquids

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to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations

shall be constructed to contain a spill from the largest single vessel by one of the

following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in

outdoor locations.

2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight

raised or recessed sills or dikes.

3. Sumps and collection systems, including containment pallets in accordance with

Section 5004.2.3.

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be

constructed of noncombustible material, and the liquid-tight seal shall be compatible with

the material stored. When liquid-tight sills or dikes are provided, they are not required at

perimeter openings having an open-grate trench across the opening that connects to an

approved collection system.

Amend Section 5004.2.2.2 as follows:

5004.2.2.2 Incompatible materials. Incompatible materials shall be separated from

each other in independent secondary containment systems.

Amend Section 5004.2.3 as follows:

5004.2.3 Containment pallets. Combustible containment pallets shall not be used

inside buildings to comply with Section 5004.2 where the individual container capacity

exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000

gallons (3785 L) for liquids or where the individual container capacity exceeds 550

pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg)

for solids.

Where used as an alternative to spill control and secondary containment for outdoor

storage in accordance with the exception in Section 5004.2, containment pallets shall

comply with all of the following:

1. A liquid-tight sump accessible for visual inspection shall be provided;

2. The sump shall be designed to contain not less than 66 gallons (250L);

3. Exposed surfaces shall be compatible with material stored;

4. Containment pallets shall be protected to prevent collection of rainwater within

the sump of the containment pallet.

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Chapter 56

EXPLOSIVES AND FIREWORKS

Chapter 56 of the 2015 International Fire Code is adopted with the following

amendments:

Amend Section 5601.1.3 to read:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of

fireworks, including those fireworks classified as Safe and Sane by the California State

Fire Marshal, are prohibited.

Exceptions:

1. Storage and handling of fireworks as allowed in Section 5604.

2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and

Health and Safety Code Division 11.

3. The use of fireworks for fireworks displays, pyrotechnics before a proximate

audience and pyrotechnic special effects in motion pictures, television theatrical

or group entertainment productions as allowed in Title 19, Division 1, Chapter 6

Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

Chapter 57

FLAMMABLE AND COMBUSTIBLE LIQUIDS

Chapter 57 of the 2015 International Fire Code is adopted with the following

amendments:

SECTION 5704 STORAGE

Amend section 5704.2.7.5.8 to read:

5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with

Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA

liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by

Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L)

or less provided an independent means of notifying the person filling the tank that

the fluid level has reached 90 percent of tank capacity by providing an audible or

visual alarm signal, or providing a tank level gauge marked at 90 percent of tank

capacity.

An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided

to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning

equipment inside buildings.

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Add section 5704.2.7.5.9 to read:

5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or

combustible liquid tanks shall be equipped with overfill protection, approved by the fire

code official, that sends an alarm signal to a constantly attended location and immediately

stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an

annual basis and records of such testing shall be maintained on-site for a period of five

(5) years.

SECTION 5707 ON-DEMAND MOBILE FUELING

5701.1 General. On-demand mobile fueling operations that dispense Class I, II, and III

liquids into the fuel tanks of motor vehicles shall comply with Sections 5707.1.through

5707.7.

Exception: Fueling from an approved portable container in cases of an

emergency or for personal use.

5707.1.1 Approval Required. Mobile fueling operations shall not be conducted without

first obtaining a permit and approval from the fire code official. Mobile fueling

operations shall only occur at approved locations.

5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be one of the

following:

1. A tank vehicle complying with NFPA 385 that has chassis-mounted tanks or

containers where the aggregate cargo capacity does not exceed 1200 gallons

(4542 L).

2. A vehicle with one or more chassis-mounted tanks or containers that do not

exceed 110 gallons (415 L) individual capacity and having an aggregate capacity

that does not exceed 1200 gallons (4542 L).

3. A vehicle that carries a maximum of 60 gallons (227 L) of motor fuel in metal

safety cans and listed in accordance with UL 30 or other approved metal

containers each not to exceed 5 gallons (19 L) in capacity.

The mobile fueling vehicle shall comply with the requirements of all local, state and

federal requirements.

Mobile fueling vehicles with a chassis-mounted tank in excess of 110 gallons (415 L)

shall comply with the requirements of Section 5706.6, Section 5707, and NFPA 385.

The mobile fueling vehicle and its equipment shall be maintained in good repair.

Safety cans and approved metal containers shall be secured to the mobile fueling vehicle

except when in use.

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5703.3 Required documents. Documents developed to comply with Sections 5707.3.1

through 5707.3.3 shall be updated as necessary by the owner of the mobile fueling

operations and shall be maintained in compliance with Section 107.3

5707.3.1 Safety and emergency response plan. Mobile fueling operators shall have an

approved written safety and emergency response plan that establishes policies and

procedures for fire safety, spill prevention and control, personnel training and compliance

with other applicable requirements of this code.

5707.3.2 Training records. Training records of operators shall be maintained. Mobile

fueling vehicle operators shall possess evidence of training on proper fueling procedures

and the safety and emergency response plan.

5707.3.3 Site plan. A site plan shall be developed for each location at which mobile

fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings,

structures, lot lines, property lines, and appurtenances on site and their use or function; all

uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain

openings and adjacent waterways or wetlands; information regarding slope, natural

drainage, curbing, impounding and how a spill will be retained upon the site property;

and the scale of the site plan.

5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public

ways, or inside buildings. Fueling on the roof level of parking structures or other

buildings is prohibited.

5704.1 Separation. Mobile fueling shall not take place within 25 feet (7620 mm) of

buildings, property lines, or combustible storage.

Exception: The fire code official shall be authorized to decrease the separation

distance for dispensing from metal safety cans or other approved metal containers

in accordance with Section 5707.2.

When dispensing operations occur within 15 feet (4572 mm) of a storm drain, an

approved storm drain cover or an approved equivalent method that will prevent any fuel

from reaching the drain shall be used.

5707.4.2 Sources of ignition. Smoking, open flames, and other sources of ignition shall

be prohibited within 25 feet (7620 mm) of fuel dispensing activities. Signs prohibiting

smoking or open flames with 25 feet (7620 mm) of the vehicle and the point of fueling

shall be prominently posted on the mobile fueling vehicle. The engines of vehicles being

fueled shall be shut off during fueling.

5707.5 Equipment. Mobile fueling equipment shall comply with Sections 5707.5.1

through 5707.5.5.

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5707.5.1 Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not

exceed 50 feet (15 240 mm) in length. The dispensing nozzles, hoses, and appurtenances

shall be of an approved and listed type.

5707.5.2 Break-away device. A listed break-away device shall be provided at the nozzle.

Exception: Mobile fueling vehicles equipped with an approved brake interlock

tied to the nozzle holder that prohibits movement of the mobile fueling vehicle

when the nozzle is removed from its holder.

5707.5.3 Shut off valve and fuel limit. Mobile fueling vehicles shall be equipped with a

listed shutoff valve assembly and a fuel limit switch set to a maximum of 30 gallons (116

L).

5707.5.4 Fire extinguisher. An approved portable fire extinguisher complying with

Section 906 with a minimum rating of 4-A:80-B:C shall be provided on the mobile

fueling vehicle with signage clearly indicating its location.

5707.5.5 Spill kit. Mobile fueling vehicles shall contain a minimum 5 gallon (19 L) spill

kit of an approved type.

5707.6 Operations. Mobile fueling vehicles shall be constantly attended during fueling

operations with brakes set and warning lights in operation. Mobile fueling vehicles shall

not obstruct emergency vehicle access roads.

5707.6.1 Dispensing hose. Where equipped, mobile fueling vehicles shall be positioned

in a manner to preclude traffic from driving over the dispensing hose. The dispensing

hose shall be placed on an approved reel or in an approved compartment prior to moving

the mobile fueling vehicle.

5707.6.2 Drip control. Operators shall place a drip pan or an absorbent pillow under the

nozzle to catch drips and under each fuel fill opening prior to and during dispensing

operations.

5707.6.3 Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed

adequately lighted by the fire code official.

5707.6.4 Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation

while dispensing operations are in progress.

5707.6.5 Safety cones. Safety cones or barriers shall be employed as warning devices to

highlight the vehicle fueling area.

5707.6.6 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle

shall be provided. Such bonding means shall be employed during fueling operations.

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5707.6.7 Spill reporting. Spills shall be reported in accordance with Section 5003.3.1.

5707.7 Training. Mobile fueling vehicles shall be operated only by designated personnel

who are trained on proper fueling procedures, and the safety and emergency response

plan. The vehicle operator training shall be approved by the fire code official.

Chapter 58

FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS

Chapter 58 of the 2015 International Fire Code is adopted with the following amendment:

Add Section 5803.3 to read:

5803.3 Mobile fueling of hydrogen vehicles. Mobile fueling of hydrogen vehicles is

prohibited unless approved by the fire code official.

Chapter 60

HIGHLY TOXIC, TOXIC AND MODERATELY TOXIC

MATERIALS

Chapter 60 of the 2015 International Fire Code is adopted with the following

amendments:

SECTION 6002 DEFINITIONS

6002.1 Definitions. The following terms are defined in Chapter 2:

CONTAINMENT SYSTEM.

CONTAINMENT VESSEL.

EXCESS FLOW VALVE.

HIGHLY TOXIC.

MAXIMUM THRESHOLD QUANTITY.

MINIMUM THRESHOLD QUANTITY.

MODERATELY TOXIC GAS.

OZONE-GAS GENERATOR.

PHYSIOLOGICAL WARNING THRESHOLD.

REDUCED FLOW VALVE.

TOXIC.

Amend Sec. 6004 to read:

SECTION 6004 HIGHLY TOXIC, TOXIC AND MODERATELY

TOXIC COMPRESSED GASES INCLUDING

THOSE USED AS REFRIGERANTS 80

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Amend Section 6004.1 to read:

6004.1 General. Materials stored and used as a gas whether or not the material meets the

definition of a compressed gas, and meets the definition of a highly toxic, toxic and

moderately toxic gas shall comply with Section 6004.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases,

vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.

Add Table 6004.1 to read:

Table 6004.1

Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic

Gases

Highly Toxic 0

Toxic 10 cubic feet

Moderately Toxic 20 cubic feet

Amend Section 6004.1.1 to read:

6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor

storage and use of highly toxic, toxic and moderately toxic gases in certain occupancies

shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.

Amend Section 6004.1.1.1 to read:

6004.1.1.1 Group A, E, I or U occupancies. Toxic, highly toxic and moderately toxic

gases shall not be stored or used within Group A, E, I or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.556m3) at normal

temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.

Amend Section 6004.1.1.2 to read:

6004.1.1.2 Group R occupancies. Toxic, highly toxic and moderately toxic gases shall

not be stored or used in Group R occupancies.

Amend Section 6004.1.1.3 to read:

6004.1.1.3 Offices, retail sales and classrooms. Toxic, highly toxic and moderately

toxic gases shall not be stored or used in offices, retail sales or classroom portions of

Group B, F, M or S occupancies.

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Exception: In classrooms of Group B occupancies, cylinders with a capacity not

exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume

hoods.

Amend Section 6004.1.2 to read:

6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic and moderately toxic

gases shall comply with Section 5003.8.6 and the following requirements:

1. The average ventilation velocity at the face of gas cabinet access ports or

windows shall not be less than 200 cubic feet per minute (1.02 m/s) with a

minimum of 150 feet per minute (0.76 m/s) at any point of the access port or

window.

2. Gas cabinets shall be connected to an exhaust system.

3. Gas cabinets shall not be used as the sole means of exhaust for any room or area.

4. The maximum number of cylinders located in a single gas cabinet shall not

exceed three, except that cabinets containing cylinders not exceeding 1 pound

(0.454 kg) net contents are allowed to contain up to 100 cylinders.

Gas cabinets required by Section 6004.2 or 6004.3 shall be equipped with an

approved automatic sprinkler system in accordance with Section 903.3.1.1.

Alternative fire-extinguishing systems shall not be used.

Amend Sec. 6004.1.3 to read:

6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or

moderately toxic gases shall comply with Section 5003.8.5 and the following

requirements:

1. The average ventilation velocity at the face of the enclosure shall not be less than

200 feet per minute (1.02 m/s) with a minimum of 150 feet per minute (0.76 m/s).

2. Exhausted enclosures shall be connected to an exhaust system.

3. Exhausted enclosures shall not be used as the sole means of exhaust for any room

or area.

Exhausted enclosures required by Section 6004.2 or 6004.3 shall be equipped with an

approved automatic sprinkler system in accordance with Section 903.3.1.1.

Alternative fire-extinguishing system shall not be used.

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Add Sec. 6004.1.4 to read:

6004.1.4 Automatic shut-off valve. An automatic shut-off valve, which is of a fail-safe

to close design, shall be provided to shut off the supply of highly toxic gases for any of

the following:

1. Activation of a manual fire alarm system.

2. Activation of the gas detection system.

3. Failure of emergency power.

4. Failure of primary containment.

5. Seismic activity.

6. Failure of required ventilation.

7. Manual activation at an approved remote location.

Add Sec. 6004.1.5 to read:

6004.1.5 Emergency control station. Signals from emergency equipment used for

highly toxic gases shall be transmitted to an emergency control station or other approved

monitoring station, which is continually staffed by trained personnel.

Add Sec. 6004.1.6 to read:

6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities

exceeding the maximum threshold quantity in a single vessel per control area or outdoor

control area shall comply with the additional requirements for highly toxic gases of

Section 6004 of this code.

Moderately toxic gases stored or used in quantities exceeding the maximum threshold

quantity in a single vessel per control area or outdoor control area shall comply with the

additional requirements for toxic gases of Section 6004 of this code.

The following formula shall be used to calculate the maximum threshold quantity:

Max TQ (pounds) = LC50 (ppm) x 2 lb.

For gas mixtures containing one or more toxic, highly toxic or moderately toxic

components, the LC50 shall be calculated using CGA Standards P-20 and P-23.

Add Section 6004.1.7 to read:

6004.1.7 Reduced flow valve. All containers of materials other than lecture bottles

containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be

equipped with a reduced flow valve when available. If a reduced flow valve is not

available, the container shall be used with a flow-limiting device. All flow limiting

devices shall be part of the valve assembly and visible to the eye when possible;

otherwise, they shall be installed as close as possible to the cylinder source.

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Add Section 6004.1.8 to read:

6004.1.8 fire extinguishing systems. Buildings and covered exterior areas for storage

and use areas of materials regulated by this Chapter shall be protected by an automatic

fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for

any room or area where highly toxic, toxic and moderately toxic gases are stored, handled

or used shall be in accordance with Section 5004.5.

Add Section 6004.1.9 to read:

6004.1.9 Local gas shut off. Manual activation controls shall be provided at locations

near the point of use and near the source, as approved by the fire code official. The fire

code official may require additional controls at other places, including, but not limited to,

the entry to the building, storage or use areas, and emergency control stations.

Manual activated shut-off valves shall be of a fail-safe-to-close design.

Add Section 6004.1.10 to read:

6004.1.10 Exhaust ventilation monitoring. For highly toxic gases and toxic gases

exceeding threshold quantities, a continuous monitoring system shall be provided to

assure that the required exhaust ventilation rate is maintained. The monitoring system

shall initiate a local alarm. The alarm shall be both visual and audible and shall be

designed to provide warning both inside and outside of the interior storage, use, or

handling area.

Add Section 6004.1.11 to read:

6004.1.11 Emergency response plan. If the preparation of an emergency response plan

for the facility is not required by any other law, responsible persons shall prepare, or

cause to be prepared, and filed with the fire code official, a written emergency response

plan. If the preparation of an emergency response plan is required by other law, a

responsible person shall file a copy of the plan with the fire code official.

Add section 6004.1.12 to read:

6004.1.12 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon

delivery and again immediately prior to departure. Testing shall be approved by the fire

code official in accordance with appropriate nationally recognized industry standards and

practices, if any. Appropriate remedial action shall be immediately undertaken when

leaks are detected.

Add Sec. 6004.1.13 to read:

6004.1.13 Inert gas purge system. Gas systems shall be provided with dedicated inert

gas purge systems. A dedicated inert gas purge system may be used to purge more than

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one gas, provided the gases are compatible. Purge gas systems inside buildings shall be

located in an approved gas cabinet unless the system operates by vacuum demand.

Add Sec. 6004.1.14 to read:

6004.1.14 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail-

safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and

moderately toxic gases with an LC50 less than 3000 parts per million upon a seismic

event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of

0.3G (1.47m/sec2) and a period of 0.4 seconds.

Amend Section 6004.2 to read:

6004.2 Indoor storage and use. The indoor storage or use of highly toxic, toxic or

moderately toxic compressed gases shall be in accordance with Sections 6004.2.1

through 6004.2.2.10.4.

Amend Section 6004.2.1 to read:

6004.2.1 Applicability. The applicability of regulations governing the indoor storage and

use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in

Sections 6004.2.1.1 through 6004.2.1.5.

Amend Sec. 6004.2.1.1 to read:

6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control

area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in

amounts not exceeding the maximum allowable quantity per control area set forth in

Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, and 6004.1,

6004.2.1.4 and 6004.2.1.5.

Add Sec. 6004.2.1.4 to read:

6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area.

The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts

not exceeding the minimum threshold quantity per control area set forth in Table 6004.1

shall be in accordance with Sections 6001, and 6004.1 and Chapter 50.

Add Section 6004.2.1.5 to read:

6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts

exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall

be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.

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Amend Sec. 6004.2.2 to read:

6004.2.2 General indoor requirements. The general requirements applicable to the

indoor storage and use of highly toxic and toxic compressed gases shall be in accordance

with Sections 6004.2.2.1 through 6004.2.2.10.4.

Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall

comply with the requirements for toxic gases in Sections 6004.2.2.1 through

6004.2.2.10.4.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater

than 5000 parts per million and exceeding the maximum threshold quantity, as

determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections

6004.2.2.1 through 6004.2.2.7.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable

quantities determinations under Table 5003.1.1(2).

Amend Sec. 6004.2.2.7 to read:

6004.2.2.7 Treatment systems. The exhaust ventilation from gas cabinets, exhausted

enclosures and gas rooms and local exhaust systems required in Section 6004.2.2.4 and

6004.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized

to handle the accidental release of gas and to process exhaust ventilation. The treatment

system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5

and Chapter 5 of the California Mechanical Code.

Exceptions: 1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is

not required for cylinders, containers and tanks in storage when all of the

following are provided:

1.1. Valve outlets are equipped with gas-tight outlet plug or caps.

1.2. Hand wheel-operated valves have handles secured to prevent movement.

1.3. Approved containment vessels or containment systems are provided in

accordance with Section 6004.2.2.3.

Amend 6004.2.2.10.2 to read:

6004.2.2.10.2. Alarms. The gas detection system shall initiate a local alarm and transmit

a signal to a constantly attended control station when a short-term hazard condition is

detected. The alarm shall be both visual and audible and shall provide warning both

inside and outside the area where the gas is detected. The audible alarm shall be distinct

from all other alarms.

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Amend Section 6004.3 to read:

6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and

moderately toxic compressed gases shall be in accordance with Sections 6004.3.1

through 6004.3.4. The minimum threshold quantity for highly toxic, toxic and

moderately toxic gases for outdoor storage and use are set forth in Table 6004.1.

Amend Section 6004.3.1 to read:

6004.3.1 Applicability. The applicability of regulations governing the outdoor storage

and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth

in Sections 6004.3.1.1 through 6004.3.1.5.

Amend Section 6004.3.1.1 to read:

6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control

area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding

the maximum allowable quantity per control area set forth in Table 5004.3.1.1(4) shall be

in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.3.1.4 and 6004.3.1.5.

Add Section 6004.3.1.4 to read:

6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control

area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in

amounts not exceeding the minimum threshold quantity per control area set forth in Table

6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.

Add Section 6004.3.1.5 to read:

6004.3.1.5 Quantities exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts

exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall

be in accordance with Sections 6001, 6004.3 and Chapter 50.

Amend Section 6004.3.2 to read:

6004.3.2 General outdoor requirements. The general requirements applicable to the

outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in

accordance with Sections 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall

comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and

6004.3.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater

than 5000 parts per million and exceeding the maximum threshold quantity, as

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determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections

5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable

quantities determinations under Table 5003.1.1(4).

Amend Section 6004.3.3 to read:

6004.3.3 Outdoor storage weather protection for portable tanks and cylinders.

Weather protection in accordance with Section 5004.13 shall be provided for portable

tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures.

The storage area shall be equipped with an approved automatic sprinkler system in

accordance with Section 5004.5.

Chapter 64

PYROPHORIC MATERIALS

Chapter 64 of the 2015 International Fire Code is adopted with the following

amendments:

Add Section 6405.3.1 to read:

6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems

shall automatically shut down at the source upon activation of the gas detection system at

levels above the alarm level and/or failure of the ventilation system for the silane

distribution system.

Chapter 80

REFERENCE STANDARDS

Chapter 80 of the 2015 International Fire Code is adopted with the following

amendments:

CGA

C-7 (2014) Guide to Classification and Labeling of Compressed Gases.

5303.4.2, 5503.4.2

G-13 (2015) Storage and Handling of Silane and Silane Mixtures

(an American National Standard) . . . . . . . . .6404.1, 6404.2,

6405.3

P-1 (2000) Safe Handling of Compressed Gases in Containers . . . . . . . 5305.7

ANSI/P-18 (2013) Standard for Bulk Inert Gas Systems . . . . . . . . . . . . . . . . . . 5501.1

S-1.1 (2011) Relief Device Standards – Part 1 – Cylinders for Compressed

Gases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5003.3.2, 5503.2

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S-1.2 (2009) Pressure Relief Device Standards – Part 2 Portable

Containers for Compressed Gases . . . . . . . . . . . . . . . . . . . .

5003.3.2, 5503.2

S-1.3 (2008) Pressure Relief Device Standards – Part 3 – Stationary Storage

Containers for Compressed Gases . . . . . . . . . . . . 5003.3.2, 5503.2

V-1 (2013) Standard for Compressed Gas Cylinder Valve Outlet and Inlet

Connections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3505.2.1

SECTION III

The Council finds and determines that enactment of this Ordinance is not a

project subject to environmental review pursuant to the State CEQA Guidelines.

SECTION IV

In the event that any part of this ordinance is held to be invalid, the invalid part or

parts shall be severed from the remaining portions which shall remain in full force and

effect.

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SECTION V

This ordinance was introduced at a regular meeting of the Town Council of the

Town of Los Gatos on November 1, 2016, and adopted by the following vote as an

ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the

Town of Los Gatos on November 15, 2016. This ordinance takes effect 30 days after it is

adopted.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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RESOLUTION NO. 2016-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

MAKING FINDINGS FOR MODIFYING THE 2016 CALIFORNIA

BUILDING AND FIRE CODES

WHEREAS:

A. Section 17958 of the Health and Safety Code requires that cities and towns choose

between adopting ordinances and regulations imposing uniform codes setting rules and

regulations for building, fire, mechanical, plumbing, electrical, and housing, or submitting to the

regulations adopted by the State Building Standards Commission; and

B. The Town of Los Gatos, in Chapter 6 and Chapter 9 of the Town Code, had previously

adopted the uniform codes; and

C. On December 15, 2015, the State of California Building Standards Commission

adopted 11 new Parts to the California Code of Regulations, CCR Title 24, which the Town will

be required to be enforced as written or adopted with local amendments; and

D. Sections 17958.5 and 17958.7 of the Health and Safety Code permits cities and towns

to modify the California code requirements if it makes express findings that such modifications

are reasonably necessary because of local climatic, geological, geographical, or topographical

conditions; and

E. The Town of Los Gatos experiences low humidity, high wind, and warm temperatures

during the summer months creating conditions which are particularly conducive to the ignition

and spread of grass, brush, and structure fires; and

ATTACHMENT 2

91

F. The Town of Los Gatos is situated adjacent to active earthquake faults capable of

producing substantial seismic events; and

G. The Town of Los Gatos is partially located in rugged, steep, and heavily vegetated

hillsides accessible over limited roadways that are steep, narrow, and circuitous; and

H. The Town of Los Gatos is divided by a creek, freeways and other traffic corridors, and

is partially located in hillside areas with limited access, the occurrence of a major earthquake

would significantly impact the ability of fire crews to respond to emergencies should one or

more bridges collapse or be substantially damaged. Additionally, fire suppression capabilities

will be severely limited should the water system be extensively damaged during the seismic

event; and

I. Due to these climatic, geological, geographical, and topographical conditions,

mitigation measures are necessary such as automatic fire suppression systems, communications

systems, access to buildings, seismic protection, safety controls for hazardous materials and

other safe guards in order to minimize the risks to citizens, firefighters, and property resulting

from the severity of a fire threat and potential delays in responding to such threats.

NOW, THEREFORE, BE IT RESOLVED, that the modifications to the California

Codes contained in an Ordinance introduced by the Town Council on November 1, 2016, are

reasonably necessary to address the climatic, geological, geographical, and topographical

conditions described herein above.

92

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of

Los Gatos, California held on the 15th day of November 2016, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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93

PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 4

DATE: NOVEMBER 3, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS)

A. ADOPT A RESOLUTION DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT.

B. SET JANUARY 17, 2017 AS THE PUBLIC HEARING DATE FOR THIS ANNUAL PROGRAM.

C. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN EIGHTH AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE ABATEMENT OF WEEDS.

RECOMMENDATION: 1. Adopt a resolution (Attachment 1) declaring hazardous vegetation (weeds) a public

nuisance and providing for their abatement. 2. Set January 17, 2017 as the public hearing date for this annual program. 3. Authorize the Town Manager to execute an eighth amendment to the agreement with the

County of Santa Clara (Attachment 2) for the abatement of weeds. BACKGROUND: Hazardous vegetation (weeds) pose a fire threat during the summer months and it is the individual property owner’s responsibility to control them. To eliminate hazardous vegetation (weeds), the Town adopted a Hazardous Vegetation (Weed) Abatement Program (Town Code Chapter 11, Article II). Since 1978, the Town’s Hazardous Vegetation Abatement of Weeds Program has been administered through a contract with Santa Clara County. The County’s Department of Agriculture and Environmental Management (Weed Abatement Division) identifies properties in Los Gatos with hazardous vegetation and/or weeds and notifies the property owners. The property owners are given a specific timeline to remove the vegetation, and if they do not, a

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PAGE 2 OF 5 SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) NOVEMBER 3, 2016

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BACKGROUND (Cont’d): contractor selected by the County removes the vegetation. The cost for the abatement is then passed on to the owner as an assessment on their property tax bill. DISCUSSION: Parcels throughout the Town that represent a potential hazard due to weeds or combustible materials have been added to an abatement program list maintained by the County. The attached resolution represents the first step in the Town of Los Gatos’ Hazardous Vegetation Abatement Program process and declares the vegetation or debris on these properties as being a potential hazard and public nuisance. During the public hearing on January 17, 2017, the Council will be asked to approve the Weed Abatement Program. If approved, the County will be authorized to perform an inspection of properties on the abatement list to determine if the property has met Weed Abatement Program requirements. Property owners will have until April 14, 2017 to abate their properties. The County’s Weed Abatement Program administers services for 13 local agencies under a cost recovery model, paid for by fees imposed on the parcel owners. The estimated program cost related to each agency is based on the number of parcels per agency. In FY 2015/16, the Los Gatos parcels equaled 2.8% of the total parcels serviced in all participating agencies. Based on this percentage, the estimated cost for the FY 2015/16 Weed Abatement Program for Los Gatos was $14,680. The County fully recovered all costs from parcel owners in all agencies in FY 2015/16. The County intends to manage the program as cost recovery. To ensure this continues, the County has increased the inspection fees charged to property owners and will evaluate the level of fees annually. Due to the rising costs to administer the program and because the fees are based on a forecast of the number of inspections and abatements necessary, there is a potential for shortfalls in the future. In light of potential shortfalls, the Eight Amendment to Agreement (Attachment 2) contains additional language which states, “If the amount recovered by the County is inadequate to cover its operational costs, the agency agrees to pay the County for any shortfall for weed abatement in its jurisdiction within sixty (60) days of demand by the County, which will be accompanied by a statement of the County’s weed abatement costs.” Based on the size of the program, Town staff would expect less than $1,000 in annual costs, if any. If those costs materialize, staff would work with the County to adjust the program fees for the following year.

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DISCUSSION (cont’d): A schedule of the upcoming Weed Abatement Program is as follows: November, 2016 The Santa Clara County Department of Agriculture and Environmental

Management prepares a list of properties requiring abatement. December 6, 2016 Town Council passes a Resolution (Attachment 1) declaring hazardous

vegetation (weeds) a nuisance and sets a public hearing for January 17, 2017.

December 7, 2016 The Santa Clara County Department of Agriculture and Environmental

Management sends notice to property owners to abate the hazardous vegetation (weeds), and notifies owners of time and place of the January 17, 2017 public hearing.

December 7, 2016 Clerk Administrator submits to the Los Gatos Weekly a legal ad for

publishing titled, "Notice of January 17, 2017 Public Hearing to Destroy Hazardous Vegetation (Weeds) and Notice of Passage of Resolution” (Attachment 2). (Publish dates: December 9, 2016 and December 16, 2016.) The notices inform property owners that objections to properties on the Abatement List can be made at the January 17th public hearing.

January 17, 2017 Public Hearing - Town Council hears protests and passes resolution

allowing or overruling objections and ordering abatement as appropriate and specifying the method for abatement.

April 14, 2017 Department of Agriculture and Environmental Management starts to

inspect Los Gatos properties. Properties which have not been cleared of hazardous vegetation will be abated by a contractor for the Department of Agriculture and Environmental Management.

June 21, 2017 Clerk Administrator submits legal ad for “Notice of August 1, 2017 Public

Hearing for Town Council to hear protests to proposed charges.” (Publish dates: July 7, 2017 and July 14, 2017.)

August 1, 2017 Town Council public hearing on any proposed hazardous vegetation

(weed) abatement charges with Council resolution confirming or modifying assessments.

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DISCUSSION (cont’d): August 2, 2017 Clerk Administrator shall file a confirmed report of parcel charges to the

County Office of the Assessor to enter on the County tax roll as a special assessment.

CONCLUSION: Staff recommends that the Town Council: 1. Adopt resolution (Attachment 1) declaring hazardous vegetation (weeds) a public nuisance

and providing for their abatement. 2. Set January 17, 2017 as the public hearing date for this annual program. 3. Authorize the Town Manager to execute an Eighth Amendment to the Agreement

(Attachment 2) with the County of Santa Clara for the abatement of weeds. ALTERNATIVES: This program is run effectively by the County, provides a great service, and is of value to the Town. The total program cost for Los Gatos parcels in FY 2015/16 was $14,680. If the Town chooses not to continue with the County, the County will be relieved of all obligations to perform the services under the agreement. The Town does not currently have the budgeted resources to provide the services required for this program. FISCAL IMPACT: Funds are provided in the FY 2016/17 Operating Budget to cover the cost of publishing all required legal notices. The Town will continue to work with the County to modify the business model and fee schedule. ENVIRONMENTAL ASSESSMENT This is not a project defined under CEQA, and no further action is required. Attachments: 1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance 2. Eighth Amendment to the Agreement

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Distribution: Amy Brown, Director of Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112 Moe Kumre, Manager, Consumer and Environmental Protection Agency, County of Santa Clara, 1553 Berger Drive, San Jose, CA 95112

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ATTACHMENT 1

RESOLUTION 2016-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND

PROVIDING FOR THEIR ABATEMENT

WHEREAS, Section 39501 and Section 39502 of the Government Code of the State of

California authorize the Town of Los Gatos to prescribe a procedure for compelling the owner,

lessees or occupant of buildings, grounds, or lots to remove hazardous vegetation (weeds) from

such buildings or grounds and adjacent sidewalks, and, upon his failure to do so, to remove such

hazardous vegetation (weeds) at his expense, making the cost thereof a lien upon such property;

and

WHEREAS, the Town of Los Gatos, by ordinance, has adopted such a procedure,

codified in Chapter 11, Article 2, Sections 11.20.010 through 11.20.045 of the Los Gatos Town

Code.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los

Gatos, County of Santa Clara, State of California, that the Town Council hereby finds that

hazardous vegetation "weeds," as that term is defined in Section 11.20.010, are growing upon

and adjacent to private property within the Town of Los Gatos, and declares that all hazardous

vegetation (weeds) growing upon any private property or properties, and in any sidewalk street,

or alley within the Town of Los Gatos are a public nuisance and should be abated.

BE IT FURTHER RESOLVED that unless such nuisance be abated by the destruction

or removal of such hazardous vegetation (weeds) within thirty (30) days after the adoption of this

resolution, or within the time specified in a written agreement with the Town of Los Gatos

Director of Parks and Public Works, or his representative, whichever time shall be later, as

provided in Chapter 11, Article 2, of the Los Gatos Town Code, the Town of Los Gatos shall

cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from

which, or in the front and rear of which, such hazardous vegetation (weeds) shall have been

destroyed or removed, such expense constituting a lien upon such lots or lands until paid, and to

be collected upon the next tax roll upon which general municipal taxes are collected.

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BE IT FURTHER RESOLVED that the Director shall execute a "Notice to Destroy

Hazardous Vegetation (Weeds)" in the form set forth in Section 11.20.020(b) and shall cause

same to be published and posted in the manner prescribed by Section 11.20.020(c).

BE IT FURTHER RESOLVED that on the 17th

day of January, 2017, at a meeting of

the Town Council beginning at 7:00 p.m. in the Council Chambers of the Civic Center, 110 E.

Main Street, Los Gatos, California, a public hearing will be held during which all property

owners in the Town of Los Gatos having any objections to the proposed destruction or removal

of such hazardous vegetation (weeds) will be heard and given due consideration.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of

Los Gatos held on the 15th

day of November, 2016 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 4

ADDENDUM

DATE: NOVEMBER 14, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: HAZARDOUS VEGETATION ABATEMENT (WEEDS) REMARKS: Attachment 3 contains public comment received between 11:01 a.m. November 10, 2016 and 11:00 a.m. November 14, 2016. Specific to the correspondence, Town Staff from the Town Attorney’s Office, Code Enforcement and Parks and Public Works have met onsite with the resident and the County Weed Abatement program staff. County Fire has also visited the site. Consistent with the program, abatement efforts in the past have focused on the edges of the property with attention to areas immediately adjacent to properties with structures. All agencies believe the property complies with the Weed Abatement Program. Beyond compliance with the current code, the property provides habitat as a seasonal waterway, capturing runoff from the hillside above. Any proposed removal of vegetation would require permitting and mitigation by California Department of Fish and Wildlife. This would be a significant body of work that the property owner would need to undertake in addition to compliance with the Town’s grading ordinance. The Weed Abatement program seeks to achieve a balance between removal of vegetation and habitat preservation. In regards to the effectiveness of the code, the program has operated successfully in Los Gatos for many years. The program will continue to identify areas of high risk and address concerns in those areas. If the Council would like Town staff to undertake a review of the Town Code or this program, that work can be added to potential staff priorities during discussion at the study session on January 31.

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Attachments 1-2 (Previously received with staff report on November 10, 2016): 1. Resolution Declaring Hazardous Vegetation (Weeds) a Public Nuisance 2. Eighth Amendment to the Agreement Attachment 3 (Received with this Addendum): 3. Public Comment received from 11:01 a.m. Thursday, November 10, 2016 through 11:00

a.m. Monday, November 14, 2016.

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November 14, 2016

Re: Item number 4 – Hazardous Vegetation Abatement (Weeds)

Dear Town Council,

I am writing to you to alert you to a major problem that exists with the current Weed Abatement

Program. At the core, the current program is ineffective in addressing the most fire prone lot in the

Town’s Hazardous Vegetation Abatement Program, namely parcel APN 510-41-068.

This lot has been identified by the County’s Department of Agriculture and Environmental Management

(Weed Abatement Division) for over 6 consecutive years as a parcel that has hazardous vegetation,

combustible material or weeds on it. The County has every year notified the property owner of this

condition. And for 6 years this lot has never been abated by either the owner, the County or the Town.

Last year the owner of the property was accessed a massive $55 for the consequence of allowing this

condition to continue.

I have attached a number of pictures of the lot which accurately show the current condition of the

parcel. How this parcel has not been abated is beyond explanation and borders on a cynical approach on

behalf of the Town to serious fire management. There is simply no other explanation.

As background, the Town Council is aware that over 20 % of the Town is located in a VHFHSZ. I have

attached for your review the Town of Los Gatos Wildland Urban Interface map which is published in the

General Plan and clearly shows the State mandated LRA (local area of responsibility) VHFHA. APN 510-

41-068 is an undeveloped lot, currently zoned R-1:8 – vacant urban, and is located in the greater

Almond Grove Area. It is surrounded on all sides by developed property and a multi-tenant

condominium complex. I estimate that the improved market value of the immediately adjacent

development far exceeds $100 million.

The Town Council is also aware, an owner of developed property in a VHFHSZ faces severe challenges in

obtaining affordable fire insurance. The State of California has recognized this as well as the potential

for significant loss arising from a wildfire. For those of us in the Bay Area in 1991, the Oakland wildfire

was heartbreaking – with the loss of 25 lives, 150 additional people injured, 2,843 single family homes

and 437 apartments and condominium units destroyed. Don’t think for a moment that this couldn’t

happen in our Town.

It is for this reason that a strong and comprehensive Weed Abatement program which is proactively

enforced is required.

Problems with the current resolution and the Weed Abatement Program

A fundamental problem with this resolution is that it references the Town of Los Gatos ordinance

Chapter 11, Article 2, Sections 11.20.010 through 11.20.045. This is the section of the Code that the

Town Attorney will turn to in implementing the Weed Abatement program. There are three major

problems with this code which then extend to the Weed Abatement Program and the proposed

resolution.

ATTACHMENT 3 131

First, the Town has taken the official position that somehow the Town’s Weed Abatement Code does

not apply to APN 510-41-068. Even though the property is covered with dead brush, dry leaves, dead

trees and vast amounts of bio fuel, the Town Attorney and Director of Public Works have made the

determination that there is nothing to abate.

This defies common sense. While I am not an expert in fire protection, I do have common sense and the

ability to observe. And my common sense and observation leads me to believe that this lot is a clear fire

danger to all surrounding developed property.

When I asked the Town Attorney to stipulate to his findings that the lot complied with the Weed

Abatement Code, he declined. If there is nothing to abate, then the Town should be willing to stipulate

to this finding.

However, there is no denying the observable facts on the ground. To quote Supreme Court Justice

Potter Stewart when he was trying to describe his threshold test for obscenity and apply it to the

question as to whether the parcel is in compliance with the Weed Abatement Code, “I know it when I

see it and …… in this case is not that”.

I invite all of the Town Council to personally visit this site and make your own determination if this lot

complies with the intent of the Weed Abatement Code which Matt Morley pointed out in his staff report

is to reduce the fire threat from parcels throughout the Town that represent a potential hazard due to

the accumulation of combustible material.

If the current Weed Abatement Code is not sufficient to address APN 510-41-068, then the code needs

to be modified to address this situation.

I have looked at the Weed Abatement Codes for both the City of Saratoga and the City of Monte Sereno.

Both of these cities have language that broadens the definition of “weeds” and clarifies the property

owner’s responsibility to remove weeds and brush. I have attached copies of the Weed Abatement Code

for both cities so the Town Council can see how our neighboring communities are addressing this critical

issue.

My specific recommendations are:

1. For Section 11.20.010 – modify (2) to read “sagebrush, chaparral, and any other brush, dead

trees and fallen tree limbs or weeds and indigenous grasses which may attain such large growth

as to become, when dry a fire menace to adjacent property. And to modify (5) to read “Dry

grass, stubble, brush, fallen tree limbs, dead trees, litter or other flammable material which

endangers the public safety”.

2. For Section 11.20.015 – add (c) to read “Every property owner shall remove or destroy all

weeds, rubbish and refuse which are growing or located on any undeveloped lots, or any site or

parcel of land of an area in excess of one acre in single ownership, which are within on hundred

feet of any building or structure whether on that parcel or adjacent to that parcel, or provide a

minimum clear width of thirty feet around property line perimeter of the parcel, site or lot in

question. If this language is implemented, it would be very clear that APN 510-41-068 would

be required to provide a minimum thirty foot defensible zone around that parcel, which is also

mandated by State law.

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The second problem is that the resolution does not clearly specify the standard of abatement. The Town

has entered into an agreement with County to administer the Weed Abatement Program along with 13

other local agencies. Under this agreement the County is authorized to perform an inspection of the

properties on the abatement list and to determine if the property has met the Weed Abatement

requirements.

What are those requirements? Is it the Town’s Weed Abatement Code or is it the Minimum Fire Safety

Standards that the County of Santa Clara County has adopted? I have attached the Minimum Fire Safety

Standards that the County mailed to every property owner in the Weed Abatement Program for the past

several years. This Minimum Fire Safety Standard has also been provided to the Town Council in prior

years.

In my discussions with the Town Attorney, I understand the Town’s position is that the requirement to

abate is to the Town’s Weed Abatement Code NOT the minimum fire safety standard. This is a major

flaw with the Town’s Weed Abatement Program and the proposed resolution.

This resolution should make it clear that the weed abatement standard should be the minimum fire

safety standard adopted by the County of Santa Clara as well as the Weed Abatement Code of the

Town. After all, this is what the County will abate to when the property owner has failed to meet the

deadline to comply.

Furthermore, the agreement with the County does not require the Town to enforce the standard

established by the County program nor does the agreement give the Town the authority to enforce

this minimum standard.

This lack of enforceability essentially makes the Weed Abatement Program a toothless tiger.

The third problem with the Town’s Weed Abatement program is that it does not clearly discuss the

abatement of undeveloped property. This needs to be explicitly outlined in both the Town Code as well

as the minimum fire standard published by the County of Santa Clara.

Again, all we have to do is to look at how other municipalities have addressed undeveloped property. In

this case, I compared the minimum fire standard published by the City of Oakland and the Count of

Santa Clara standards. I have attached the City of Oakland’s standards for your review.

As you can see, the City of Oakland very clearly calls out general compliance standards for both vacant

lots ½ acre or less and standards for vacant lots greater than ½ acre. The Oakland standard also

discusses special considerations for creek side properties. The important point here is that creek side

properties do not get a free pass from maintaining proper fire safety standards, but they must obtain

the proper environmental permits prior to performing any work on their property.

I strongly recommend that the Town of Los Gatos adopt the minimum general compliance standard

for undeveloped parcels that the City of Oakland has implemented and include this as part of the

proposed resolution.

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In summary, I have spent almost 4 months trying to get the Town to address the very serious fire

problem that APN 510-41-068 represents to the surrounding develop property. From my direct

correspondence with the Town, the Town Staff have taken positions ranging from -

x “There isn’t anything to abate”;

x “This type of land is found all over Los Gatos and is kept predominately in a natural state as

habitat for wild life, plant or animal communities”;

x “The Town’s Weed Abatement Ordinance was not intended to apply to this type of land”

To the highly technical:

x “This area may be considered a riparian area or resource sensitive are which may require

environmental review and a permit from the USFW or CDFG or a grading permit from the Town

before any work could be done”

None of this changes the fact that in the middle of a VHFHSZ within the Town of Los Gatos there is an

undeveloped parcel that has been on the County Weed Abatement parcels list for each year for the

past 6 years, and the Town has by resolution declared this parcel a public nuisance requiring

abatement each year for the past 6 years and each year for the past 6 years no abatement has

occurred by the owner, the Town or the County. How this has happened can’t be explained.

The Town needs to address this issue just as the City of Saratoga did when they implemented the

Mountain Winery Shaded Fuel Break. This project created a series of shaded and open fuel breaks

covering 13 acres in total in the Wildland-Urban Interface Zone along a main road separating a

community of single-family homes from an undeveloped mountain slope in Saratoga. It was estimated

that the nearby property value exceed $1.1 billion and as a result the cleared area provided a significant

protection in the event of a wildfire. The City did not take the position that there wasn’t “anything to

abate”. They acted on the knowledge there was a clear fire danger which required protection of all of

the surrounding property owners.

Please do not approve this resolution as drafted. The Town Attorney is fully aware of the issues I have

discussed and can easily draft a resolution which will address the points I have made.

Thank you for your attention to this matter.

Sincerely,

Phil Koen

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Town of Los Gatos Code

ARTICLE II. - WEEDS

Sec. 11.20.010. - Definition.

For the purposes of this article, the word "weeds" shall mean all weeds growing upon streets, alleys, sidewalks, or private property in the Town, including, but not limited to, the following:

(1) Weeds which bear or may bear seeds of a downy or wingy nature.

(2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent property.

(3) Weeds which are otherwise noxious or dangerous.

(4) Poison oak, when the conditions of growth are such as to constitute a menace to the public health.

(5) Accumulation of garden refuse, cuttings, limbs, lumber and other combustible trash.

(Code 1968, § 14-13)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

Sec. 11.20.015. - Removal by property owner required.

(a) No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the Town shall permit weeds to remain upon such premises, or public sidewalks, or streets, or alleys between such premises and the centerline of any public street or alley.

(b) Every property owner shall remove or destroy such weeds from such owner's property, abutting sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.

(Code 1968, § 14-14)

Sec. 11.20.020. - Declaration of nuisance; notice to abate.

(a) Whenever any weeds are growing upon any private property or in any sidewalk, street or alley within the Town, the Town Council shall pass a resolution declaring the same to be a public nuisance, ordering the Town Engineer to give notice of the passage of such resolution as provided in this article, and stating that, unless such nuisance is abated within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Town Engineer or Town Engineer's representative, whichever time shall be later, by the destruction or removal of such weeds, as provided in this article, the Town shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, or in the front and rear of which, such weeds shall have been destroyed, or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds.

(b) The notice shall be in substantially the following form:

"NOTICE TO DESTROY WEEDS 135

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"NOTICE IS HEREBY GIVEN that on ____________/____________/____________, 19____________, pursuant to the provisions of Section 11.20.020 of the Town Code of the Town of Los Gatos, the Town Council of said Town adopted a Resolution declaring that all weeds growing upon any private property or in any street, sidewalk or alley, as defined in Section 11.20.010 of such Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof.

"NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Town Engineer of the Town of Los Gatos, or the Town Engineer's representative, whichever time shall be later, remove all such weeds from their property, the abutting sidewalks, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the Town of Los Gatos, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Town Council of such Town to be held in the Council Chambers of said Town, on ____________/____________/____________, 19____________, at ____________ o'clock p.m., when and where their objections will be heard and given due consideration.

"Dated this ____________ day of ____________/____________/____________, 19____________.

"Town Engineer

Town of Los Gatos"

(c) Such notice shall be published at least twice in a newspaper of general circulation published in the Town, the first publication of which shall be at least ten (10) days prior to the time fixed by the Town Council of hearing objections. Such notice shall also be posted at least ten (10) days prior to the time fixed by the Town Council for hearing objections, in three (3) prominent places in the Town.

(Code 1968, § 14-15)

Sec. 11.20.025. - Hearing on notice to abate nuisance.

At the time stated in the notice given pursuant to section 11.20.020, the Town Council shall hear and consider any objections to the proposed destruction or removal of such weeds, and may continue the hearing from time to time. The Town Council, by motion or resolution, shall allow or overrule any objections, if any, after which the Town Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction and removal of such weeds.

(Code 1968, § 14-16)

Sec. 11.20.030. - Abatement of nuisance by Town—Generally; right of property owner to perform work.

The Town Council shall, by motion or resolution, order the Town Engineer, or the Town Engineer's representative, to abate a nuisance under this article, or cause the same to be abated, by having the

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weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by the Town Council; and the Town Engineer and the deputies, assistants, employees, contracting agents or other representatives of the Town Engineer are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right of destruction or removal of such weeds by the property owner, by cutting, discing, chemical spraying or any other method determined by the Town Council, or to have the same destroyed or removed at the property owner's expense; provided, that such weeds shall have been removed prior to the arrival of the Town Engineer, or the Town Engineer's authorized agents or representatives, to remove them.

(Code 1968, § 14-17)

Sec. 11.20.035. - Same—Determination and assessment of costs.

(a) The Town Engineer, or the authorized agent or representative of the Town Engineer, shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the Town Council, which shall be filed with the Town Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land.

(b) The Town Clerk shall post a copy of such report and assessment list in three (3) prominent places in the Town, one (1) of which shall be posted at the Town Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the Town Council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation published in the Town. The posting and first publication of such notice shall be made and completed at least ten (10) days before the time such report is submitted to the Town Council. Such notice, as so posted and published, shall be substantially in the following form:

"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT

"NOTICE IS HEREBY GIVEN that on ____________/____________/____________, 19____________, the Town Engineer of the Town of Los Gatos filed with the Town Clerk of said Town a report and assessment on abatement of weeds within said Town, one copy of which is posted at the Town Hall.

"NOTICE IS FURTHER GIVEN that on ____________/____________/____________, 19____________, at the hour of ____________ o'clock p.m., in the Council chambers of said Town, said report and assessment list will be presented to the Town Council of said Town for consideration and confirmation; and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

"Dated this ____________ day of ____________/____________/____________, 19____________.

"Town Clerk of the

Town of Los Gatos

(c) At the time and place fixed for receiving and considering such report, the Town Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the Town Engineer, or the Town Engineer's

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representative, shall attend such meeting with the Town Engineer's record thereof, and, upon such hearing, the Town Council may make such modifications in the proposed assessment as it, by motion or resolution, deems reasonable and necessary, after which such report and assessment list shall be confirmed.

(d) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after so made and confirmed, shall constitute a lien upon such property for the amount of such assessment, until paid.

(Code 1968, § 14-18)

Sec. 11.20.040. - Same—Collection of costs.

On or before August tenth of the year in which the report is confirmed by the Town Council, the Town Clerk shall cause a certified copy of such confirmed report to be filed with the County Auditor, in order that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general Town taxes are collected, and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided by law for Town taxes. All laws and ordinances applicable to the levy, collection and enforcement of Town taxes are hereby made applicable to such special assessments.

(Code 1968, § 14-19)

Sec. 11.20.045. - Article in addition to other remedies.

This article is adopted pursuant to the provisions of Government Code sections 39501 and 39502, as an alternative and additional remedy to those otherwise promoted by law, or ordinance of the Town.

(Code 1968, § 14-20)

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·|}þ17

·|}þ85

·|}þ85

/

Legend

Buildings

Parcels

Original Hazardous Fire Area (OHFA)

LosGatos

Very High Fire Hazard Areas

State Mandated LRA (VHFHA)

Town of Los Gatos Designated (WUIFA)

State Mandated Pre-Zone (VHFHA)

Pre-Zoned Town Designated (WUIFA)

0 500 1,000Feet

Wil

dla

nd -

Urban I

nterface F

ire A

rea

Tow

n o

f L

os G

atos

Prepared: February 2, 2009Very High Fire Zones.mxd

Exhibit "A"139

Page 1

City of Saratoga Code

Article 7-15 - WEED AND RUBBISH ABATEMENT

7-15.010 - Authority for Article.

This Article is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title 4 of the Government Code (commencing with Section 39560). The City may proceed under this Article or said Article 2 of the Government Code, or both.

7-15.020 - Delegation of enforcement authority to County; Enforcement Officer defined.

(a) Except as otherwise expressly provided in this Article, the duty and authority to enforce the provisions of this Article are hereby delegated to the County, to be performed in accordance with the terms of such contract for weed abatement services as may be executed from time to time between the City and the County. In the event such contract is terminated, the delegation of authority granted herein shall automatically expire.

(b) The term "Enforcement Officer," as used in this Article, means the person or persons duly authorized by the County to administer and enforce the provisions of this Article. If the County at any time ceases to render weed abatement services for the City, the Enforcement Officer shall be such person as designated by the City Council.

7-15.030 - "Weeds" defined.

The term "weeds," as used in this Article, shall include, without limitation, any of the following:

(a) Weeds which bear seeds of a downy or wingy nature;

(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace;

(c) Weeds which are otherwise noxious or dangerous;

(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

7-15.040 - Public nuisance and abatement requirements.

Each of the following are hereby declared to be a public nuisance and shall be abated by the owner of the property, who is hereby required to remove or destroy such weeds, rubbish, refuse, dirt, obstructions and any other dangerous materials, as hereafter described, from his property, and from the abutting street or streets adjoining such property within the extended lot lines thereof, to the centerline of such street or streets:

(a) All weeds, rubbish, refuse, dirt or other obstructions located or growing on the right-of-way of any public street or street offered for dedication to the public, and any sidewalk, curb, gutter, parkway, private road or right-of-way furnishing access to any building or structure, or alley within the City;

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(b) All weeds, rubbish, refuse, and other materials dangerous to neighboring property or the health or welfare of residents in the vicinity, which are growing or located within one hundred feet of any building, fence, structure or property line, regardless of whether or not the same be growing or located on the same lot, site or parcel on which the building, fence or other structure is located, in all zoning districts in the City except as set forth in Paragraph (c) of this Section.

(c) In an A, HC-RD, NHR or R-1-40,000 zoning district in the City, all weeds, rubbish and refuse which are growing or located on any unsubdivided lands, or on any site or parcel of land of an area in excess of one acre in single ownership, which are within one hundred feet of any building or structure, or within thirty feet of any right-of-way line of a public street or within thirty feet of the property line of the parcel, site, or lot in question. It is the intention of this provision to permit the retention of natural growth on larger parcels of land in the lesser developed areas of the City, but at the same time, to provide reasonable regulations for the prevention of sweeping fires in such areas.

7-15.050 - Declaration of nuisance.

The Enforcement Officer shall furnish annually to the City Council a report of those properties on which any weeds, rubbish, refuse, dirt, obstructions or other dangerous materials have been found to exist in violation of this Article. The City Council shall review such report and make any changes therein it deems necessary or proper. Upon approval of the report as submitted or modified, the City Council shall, by resolution, declare a public nuisance to exist upon the properties described in the report.

7-15.060 - Notice to abate; public hearing by City Council.

(a) The Enforcement Officer shall send to the owner of each property on which a nuisance has been declared by the City Council to exist, at his address as shown on the latest available equalized assessment roll, a notice to abate such nuisance within the time specified in the notice which shall be not less than thirty days after the date on which the notice is mailed. A copy of the notice shall also be published once in a newspaper having general circulation in the City and posted at a conspicuous location in City Hall. The notice to abate shall also advise the property owner of the following:

(1) That upon failure by the owner to abate the nuisance within the specified time, the weeds, rubbish, or other materials will be removed by the County;

(2) That all abatement costs incurred by the County, together with an administrative fee in the amount set forth in the notice, shall be charged to the owner;

(3) That nonpayment of the abatement costs and the administrative fee will result in the same being levied as a special assessment against the property, to be collected at the same time and in the same manner as ordinary real estate taxes;

(4) That any person objecting to the declaration of nuisance or the proposed abatement thereof may present such objections at a public hearing to be conducted by the City Council at the time and place indicated in the notice.

(b) The City Council shall conduct a public hearing on the proposed abatement at the time and place designated in the notice and shall hear and determine any objections by the owners of properties on which a nuisance has been declared to exist. The Council may sustain or overrule such objections and shall notify both the owner and the Enforcement Officer of its decision within ten days after the conclusion of the public hearing. The decision by the Council shall be final.

7-15.070 - Abatement by County.

Upon any failure by the property owner to remove or abate the nuisance within the time specified in the notice given pursuant to Subsection 7-15.060(a), and provided the declaration of nuisance and order to abate the same has not been rescinded by the City Council at the hearing conducted pursuant to Subsection 7-15.060(b), the Enforcement Officer shall, without further order or notice, cause the nuisance

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to be abated, and for such purpose, the Enforcement Officer and his agents, employees and contractors are authorized to enter upon the property where such nuisance exists. Nothing herein shall prevent the property owner from himself abating such nuisance, so long as all weeds, rubbish, refuse, dirt, obstructions and dangerous materials have been completely removed or destroyed prior to the arrival of the Enforcement Officer or his representatives to remove the same.

7-15.080 - Account of costs and billing.

The Enforcement Officer shall keep an account of the costs of abating such nuisance upon each separate lot or parcel of land and shall send a bill for the same, including the administrative fee, to the property owner by mail, to the address or addresses to which the original notice of abatement had previously been sent, which bill shall specify on the face thereof that, in the event of the failure of the full payment of the same within fifteen days from date of mailing, the amounts set forth in such bill, together with administration costs, will become a lien against the land and shall constitute a special assessment and be collected at the same time and in the same manner as general municipal taxes of the City, and a hearing on such assessment and any objections thereto will be held by the City Council at the time and place indicated in the billing, and that no other or further notice will be given of such assessment and hearing other than as set forth on the face of the billing.

7-15.090 - Assessment report and hearing.

The Enforcement Officer shall submit a report to the City Council of all unpaid bills for weed abatement expenses and administration costs, and a list of the parcels to be assessed for such expenses and costs. The Council shall conduct a public hearing on the report, at which time any property owner may object to any matter contained in the report. No notice need be given of such hearing other than the notice contained in the billing previously sent to the property owner in accordance with Section 7-15.080. The City Council shall review the report, hear and determine any objections thereto, and make any changes therein it deems necessary or proper, after which the Council shall by resolution confirm the report and assessment as submitted or modified.

7-15.100 - Levy and collection of special assessment.

The cost of abating the nuisance upon the property described in the Enforcement Officer's report, together with the administrative fee thereon, as finally confirmed by the City Council, shall constitute a special assessment against each respective lot or parcel of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessment until paid. A certified copy of the assessment shall be filed with the County Tax Collector, who shall enter the amounts of such assessments against the respective lots or parcels of land on the County tax roll upon which general municipal taxes are to be collected, and the amount of each such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes, and shall be subject to the same interest and penalties, and the same procedures for sale in case of delinquency. All laws and ordinances heretofore or hereafter made applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessments.

7-15.110 - Summary abatement.

Nothing contained in this Article shall prevent the Enforcement Officer from abating any weed or rubbish nuisance summarily, without notice to the property owner, pursuant to Article 3-20 of this Code where an immediate hazard to the public health, safety or welfare is found by the Enforcement Officer to exist upon any real property in the City. In such event, the collection of abatement costs and levy of the same as a special assessment shall be conducted in accordance with the procedure set forth in Article 3-20 of this Code.

7-15.120 - Violations of Article; penalties.

The violation of any provision contained in this Article shall constitute an infraction, subject to the penalties as set forth in Chapter 3 of this Code.

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City of Monte Sereno Code

Chapter 8.02 - WEED AND BRUSH ABATEMENT

Sections:

8.02.010 - Reserved.

8.02.020 - Weeds, brush, rubbish and other hazardous material; accumulation prohibited.

No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the City of Monte Sereno shall permit weeds, brush, dirt, rubbish, rank growths and other hazardous material to remain upon said premises, or public sidewalks, or streets, or alleys between said premises and the centerline of any public street or alley.

(Ord. 154 § 1 (part), 2007)

8.02.030 - Definitions.

As used in this Chapter:

A. "Brush" means and includes a wood, perennial plant usually with multiple stems and trunks which are known to have high oil, high resin, or low moisture contention in their leaves and branches and any other combustible vegetation.

B. "Dirt" means and includes any artificial accumulation of earth of a size, shape or composition to constitute a hazard to the public health or safety.

C. "Rubbish" means and includes all waste paper, wood, cardboard or other flammable material of any kind which endangers the public safety by creating a fire hazard.

D. "Weeds" means weeds growing upon streets, alleys, sidewalks, or private property in the City of Monte Sereno including, but not limited to, the following:

1. Weeds which bear or may bear seeds of a downy or wingy nature;

2. Weeds, grasses and brush which may soon attain such large growth as to become, when dry, a fire menace;

3. Weeds which are otherwise noxious or dangerous;

4. Poison oak or poison ivy, when the conditions of growth are such as to constitute a menace to the public health; and

5. Dry grass, stubble, brush, garden refuse, cuttings, limbs and other combustible trash.

(Ord. 154 § 1 (part), 2007)

8.02.040 - Property owner's responsibility to remove weeds and brush.

Every property owner shall destroy or remove from his property such weeds, brush, dirt, rubbish and other hazardous material dangerous or injurious to neighboring property or the health or welfare of

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residents of the vicinity, and from abutting sidewalks, and the abutting half of any streets or alleys between the lot lines as extended.

(Ord. 154 § 1 (part), 2007)

8.02.050 - Resolution declaring nuisance.

Whenever any weeds, brush, dirt, rubbish or other hazardous material are growing, located or existing upon any private property or properties, or in any sidewalk, street or alley within the City of Monte Sereno, the City Council shall pass a resolution declaring the same to be a public nuisance, ordering the Fire Marshal or City Engineer or their representatives to give notice of the passage of such resolution as hereinafter provided, and stating that, unless such nuisance be abated within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the Fire Marshal or City Engineer, or their representatives, whichever time shall be later, by the destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material, as hereinafter provided, the City of Monte Sereno shall cause such nuisance to be abated, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material.

(Ord. 154 § 1 (part), 2007)

8.02.060 - Form of notice.

The notice specified in Section 8.02.050 shall be in substantially the following form:

"NOTICE TO DESTROY WEEDS AND BRUSH AND REMOVE DIRT, RUBBISH AND OTHER HAZARDOUS MATERIAL

"NOTICE IS HEREBY GIVEN that on ;daterule; 20 ____________, pursuant to the provisions of Section 8.02.050 of the Monte Sereno Municipal Code, the City Council has adopted a Resolution declaring that weeds, brush, dirt, rubbish and/or other hazardous materials are present in such a manner as to constitute a public nuisance and that the removal of this nuisance is important enough to the public safety that abatement.

"NOTICE IS FURTHER GIVEN that property owners shall, within thirty (30) days after the adoption of such resolution, or within the time specified in a written agreement with the [City Manager or City Engineer] or their representatives, whichever time shall be later, destroy or remove all such weeds, brush, dirt, rubbish and other hazardous material from their property, the abutting sidewalks, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds, brush, dirt, rubbish and other hazardous material will be destroyed or removed and such nuisance abated by the City of Monte Sereno. Should the City be required to abate the nuisance, the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds, brush, dirt, rubbish or other hazardous material shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material are hereby notified to attend a meeting of the City Council of the City of Monte Sereno, to be held at the ____________, on ;daterule;, 20 ____________, at ____________ p.m., when and where their objections be heard and given due consideration."

"Dated this ____________ day of ;daterule;, 20 ____________.

_____(City Clerk, City of Monte Sereno) 144

Page 3

Such notice shall be posted in three (3) prominent places in the City of Monte Sereno at least ten (10) days prior to the time fixed by the City Council for hearing objections.

(Ord. 154 § 1 (part), 2007)

8.02.070 - Hearing.

At the time stated in the notice, the City Council shall hear and consider any and all objections to the proposed destruction or removal of such weeds, brush, dirt, rubbish or other hazardous material, and may continue the hearing from time to time. The City Council, by motion or resolution, shall allow or overrule any and all objections, if any, after which the City Council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction or removal of said weeds, brush, dirt, rubbish or other hazardous material. The decision of the City Council shall be final and conclusive.

(Ord. 154 § 1 (part), 2007)

8.02.080 - Order to abate nuisance.

The City Council shall, by resolution, order the City Manager or City Engineer or their representatives, to abate such nuisance, or cause the same to be abated by having the weeds, brush, dirt, rubbish or other hazardous material referred to destroyed or removed by cutting, discing, chemical spraying, or any other method determined by the City Council; and the City Manager and their deputies, assistants, employees, contracting agents or other representatives, are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to destroy or remove such weeds, brush, dirt, rubbish or other hazardous material himself by cutting, discing, chemical spraying, or any other method determined by the City Council, or have the same destroyed or removed at his expense, provided that such weeds, brush, dirt, rubbish or other hazardous material shall have been removed prior to the arrival of the City Manager or their authorized agents or representatives, to remove them.

(Ord. 154 § 1 (part), 2007)

8.02.090 - Account and report of cost.

The City Manager or his or her authorized agents or representatives, shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expenses proposed to be assessed against each separate lot or parcel of land.

(Ord. 154 § 1 (part), 2007)

8.02.100 - Notice of report.

The City Clerk shall post a copy of such report and assessment list in three (3) prominent places in the City, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the City Council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be mailed to the property owners liable to be assessed for the abatement. The posting and mailing of said notice shall be made and completed at least ten (10) days before the time such report is submitted to the City Council. Such notice, as so posted and mailed, shall be substantially in the following form:

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"NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEEDS, BRUSH, DIRT, RUBBISH AND OTHER ABATEMENT"

"NOTICE IS HEREBY GIVEN that on ;daterule;, 19 ____________, the City Manager or City Engineer filed with the City Clerk a report and assessment on abatement of weeds, brush, dirt, rubbish, and other hazardous material within said City, one copy of which is posted on the bulletin board near the entrance door at the City Office."

"NOTICE IS FURTHER GIVEN that on ;daterule;, 19 ____________, at ____________ P.M. at the said report and assessment list will be presented to the City Council of said City for consideration and confirmation; and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard."

"Dated this ____________ day of ;daterule;, 19 ____________.

_____(City Clerk, City of Monte Sereno")

(Ord. 154 § 1 (part), 2007)

8.02.110 - Hearing and confirmation.

At the time and place fixed for receiving and considering such report, the City Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the City Manager or City Engineer or their representatives shall attend such meeting with his record thereof, and, upon such hearing, the City Council may make such modifications in the proposed assessment as it, by motion or resolution deems reasonable and necessary, after which such report and assessment list shall be confirmed.

The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after so made and confirmed, shall constitute a lien upon such property for the amount of such assessment, until paid.

(Ord. 154 § 1 (part), 2007)

8.02.120 - Collection on tax roll.

On or before August tenth of the year in which the report is confirmed by the City Council, the City Clerk shall cause a certified copy of said confirmed report to be filed with the County Auditor, in order that the County Auditor may enter each such assessment on the County tax roll opposite the parcel of land referred to. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general City taxes are collected, and shall be subject to the same penalties and interest, and the same procedure and sale in case of delinquency as provided by law for City taxes. All laws and ordinances applicable to the levy collection and enforcement of City taxes are hereby made applicable to such special assessments.

(Ord. 154 § 1 (part), 2007)

8.02.130 - Applicable laws.

This Chapter is adopted pursuant to the provisions of Sections 39501 and 39502 of the Government Code of the State of California, as an alternative and additional remedy to those otherwise promoted by law, or ordinance of the City of Monte Sereno.

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(Ord. 154 § 1 (part), 2007)

147

MINIMUM FIRE SAFETY STANDARDS

Fire Safety Through Vegetation Management

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline. 2. Maintain grasses and weeds below six inches for ten feet horizontally on both sides of all roadways, including

driveways and access routes. 3. Clear flammable vegetation a minimum of thirty feet around any structure, occupied or not. Ornamental vegetation

should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100-foot clearance. 4. Parcels up to one acre shall be completely abated. Parcels one to five acres require 30-foot clearance around

structures and perimeter property lines. Additional 30-foot cross fuel breaks may also be required. 5. Parcels larger than five acres require 30-foot clearance around structures and perimeter property lines in addition to

30-foot cross breaks as needed to separate the remaining vegetation into sections no larger than five acres. 6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked

firewood and neatly piled yard waste is not considered to be combustible debris. 7. Keep vegetation cleared from under the eaves of houses. 8. Trim tree branches to at least ten feet from chimney. 9. Clear leaves, pine needles and debris from roof and gutters. Santa Clara County

Agricultural Commissioner’s Office Weed Abatement Program

1553 Berger Drive #1

San Jose, CA 95112 Phone: (408) 282-3145 Fax: (408) 286-2460

SCC.WeedAbatement@AEM.sccgov.org

Fire Resistant Landscaping

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. Trees: African Sumac Brazilian Pepper California Pepper

Shrubs: Bearberry Carmel Creeper Carolina Cherry Catalina Cherry

Escallonia Hopseed Bush Italian Buckthorn Lemonade Berry Texas Privet

Groundcover: Aaron’s Beard Australian Daisy Candytuft Capeweed

Freeway Daisy Ice Plant Ivy Morning Glory Bush Rock rose 148

The Santa Clara County

Weed Abatement Program The Santa Clara County Department of Agriculture and Environmental Management and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials. The Weed Abatement program is entirely funded from fees charged to residents if the County contractor must perform weed abatement work on the property or, if the property is not in compliance with Minimum Fire Safety Standards (MFSS) when it is first inspected by the County in the spring. Properties that fail the initial inspection will be charged an inspection fee, even if the resident completes the weed abatement. Properties that meet and maintain the MFSS will not be charged. Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged an inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be completed by the County contractor. The property owner will pay a fee equal to the contractor’s charges plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance

Prope rty Owner’s Respons iblil itie s x Do not allow a fire hazard to exist on your property. The

Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidance or have any questions regarding the requirements!

x Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.

x Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities x Weed Abatement Inspectors will perform periodic

inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the initial inspection will be charged an inspection fee, even if the resident completes the weed abatement.

x Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to initial abatement.

x On properties where the MFSS have been met, but a fire hazard still exists, the Agricultural Commissioner’s Office will send a letter to the owner specifying additional work that needs to be performed.

x The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.

x The Agricultural Commissioner’s Office will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls

Frequently Asked Questions Q. Why have I received an Abatement Notice? A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Agricultural Commissioner’s Office.

Q. What is required of me now that I am on the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

These small owls nest in abandoned ground squirrel burrows. Discing collapses the burrows and kills the young. These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weed eating. If you request the County perform abatement services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ: Q. What is the SC County Weed Abatement Program? A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

Q. How long will I be on the Program? A. Your property will remain on the Program for three years. If no hazards are found during that time your property may be removed from the program.

Q. How much will this cost me? A. There will be no cost to you if the Minimum Fire Safety Standards (MFSS) are met by the given deadline and maintained through the fire season by the County. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged a fee. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed? A. Should the parcel fail the initial inspection, the charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green? A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring to minimize volume of combustible material helps us to be more effective during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement services? A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”. You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance regarding the specific requirements for my property?

A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

149

IMPORTANTAnnual Inspection NoticeGeneral Compliance Standards from the

Vegetation Management Program

Fire Prevention BureauOakland Fire Department

250 Frank H. Ogawa Plaza, Suite 3341

Oakland, CA 94612-2032

HELPFUL PHONE NUMBERS

Areas of Concern City of Oakland NumberVegetation Management Program Fire Prevention Bureau (510) 238-7388Tree Removal Permits Tree Assessments (510) 615-5850Creekside Property Regulations Clean Creek Hotline (510) 238-6600Report Illegal Dumping (Private Property) Code Enforcement (510) 238-3381Report Illegal Dumping (Public Property) Litter Enforcement (510) 434-5101Borrow Gardening Tools Tool Lending Library (510) 597-5089

Other AgenciesTrees in Power Lines PG&E (510) 437-2829Yard Trimmings Recycling Service Waste Management of Alameda County (510) 613-8170Property Records Alameda County Recorder (510) 272-6362

HELPFUL WEBSITES

City of Oakland Fire Department www.oaklandnet.com/oakweb/fireCity of Oakland Watershed Improvement Program www.oaklandpw.com/creeksAlameda County Website (for property info) www.acgov.org

Websites/web pages with information about native and fire-resistant plantshttp://stopwaste.org/home/index.asp?page=395http://www.oaklandpw.com/creeks/docs/fireplants.docwww.firewise.org

ANSWERS TO FREQUENTLY ASKED QUESTIONSAm I required to maintain my property year round?

Yes. Though inspections are generally in the spring andsummer, you are required to keep your property fire-safeyear-round.

Should ivy climbing on my house and trees be removed?

Yes. Ivy and other vines act as a fire ladder and makeyour home vulnerable to fire.

How can I avoid the erosion from vegetation removal?Especially on slopes, don’t remove all vegetation–roots,grasses, shrubs and trees keep slopes stable.

Can you recommend some fire resistant plants?

Yes. For a guide to Fire Wise Native Plants, go towww.oaklandpw.com/creeks/living.htm and/or checksome of the websites listed in the “Helpful Websites”section of this brochure.

I sold this property, so what do I do with this notice?

Please call our office at (510) 238-7388 and the CountyRecorder’s office at (510) 272-6362 to correct the records

I don’t use my fireplace. Do I still need a spark arrester?Yes. All working fireplaces must have a spark arrester asdefined in the Uniform Fire Code.

Does the required 30-foot clearance include ornamentalplants and trees and native plants?

No, but trees and plants must be maintained and limbed.

My property includes a creek or stream. Are there anyspecial fire abatement requirements?Yes. Vegetation management on creekside property mustprotect habitat and not impair water quality. Go towww.oaklandpw.com/creeks/living.htm to downloadRecommendations for Ecologically Sensitive Fire AbatementVegetation Management Practices and Firewise Native Plants.You may need to get a Creek Protection Permit formaintenance activities on your property. For more infor-mation, call the City of Oakland Clean Creek Hotline at(510) 238-6600.

Where are my address numbers required to be?

Your address numbers must be posted on the buildingand visible from the street.

T he height of fire season is just around the corner. Property owners

have a YEAR-ROUND responsibility and obligation to maintain thevegetation on their property in a condition that will not contribute to

the spread of a fire. Effective fire prevention measures can keep fires fromstarting, and reduce hazards that could threaten your property and yourneighbors’ property should a wildfire occur.

Inside, find information about the Oakland Fire Department’s VegetationManagement Program to assist you in complying with property maintenanceregulations designed to protect Oakland from the threat of wildfire. TheGeneral Compliance Standards on the next page outline minimum vegetationmanagement and fire hazard abatement requirements, and are the guidelinesused by the Fire Department to determine compliance with City regulations.

New Fire Assessment DistrictIn 2003, Oakland voters approved a

new Fire Assessment District to fund

fire prevention activities. Thanks to

these new funds, the City of Oakland

will be able to undertake high quality

inspection and public education

campaigns and other activities de-

signed to prevent costly and damaging

wildfires. The Vegetation Management

Program will be able to target problem

areas for environmentally-sensitive fire

prevention activities that diminish the

threat of fire while maintaining hillside

and creekside habitat values and

preventing erosion, keeping our

waterways, lakes, and bay clean.

More questions? Call the Fire Prevention Bureau at (510) 238-7388.

About ComplianceBeginning June 15, of each year, the Oakland Fire Prevention Bureau willbegin inspecting properties to determine compliance with the regulationsoutlined in the General Compliance Standards. Your property must bein compliance with these standards by June 15 of this year.

If your property is not in compliance with the Uniform Fire Code 1103.2.4 at the time of the initial inspection,you will be issued an official Notice of Violation, and your property will be reinspected. Properties that arenot in compliance on or after reinspection will be assessed a $200 reinspection fee, and the City will immedi-ately initiate action to have the property brought into compliance. A tax lien will be placed on the property inan amount equal to the cost of the work performed, plus the $200 reinspection fee and administrative fees, ifnot previously paid. No extensions will be granted.Presorted

Standard

US Postage

PAID

K/P Corporation

94578

150

Flammable PlantsYou may be surprised to learn that

some of the most common land-

scaping plants, such as juniper,

Scotch broom, Algerian ivy, bamboo,

and pampas grass, are highly flam-

mable. Some native plants, too, are

considered highly flammable. It is

important to retain native plants

whenever possible: in some cases

these plants are endangered and it

could be a violation of federal law to

remove them. For more information,

download flyers with native plant

info at www.oaklandpw.com/

creeks/living.htm.

COST-EFFECTIVE VEGETATION MANAGEMENT TIPSSpare yourself the time and expense of clearing your lot each year by landscaping in a low-maintenance,environmentally-friendly, and fire-resistant way. The following ideas, if implemented, can: save you moneyon landscaping (and re-landscaping); reduce your water bill; prevent erosion and topsoil runoff; and maintainhabitat and water quality for the flora and fauna native to Oakland and the East Bay hills.

Spacing• Group types of plants together based on similar height/water requirements.• Space trees 10 feet apart.

Plant Type Selection and Maintenance• Favor native, fire resistant, and drought tolerant plants.• Remove/do not plant highly flammable plants.• For a list of appropriate species to plant—and which flammable species to

remove—go to www.oaklandpw.com/creeks/living.htm.Irrigation

• Choose native vegetation which generally requires little or no irrigationafter the first two years.

• Install drip irrigation for more efficient water use.Erosion Control

• Do not remove all vegetation from property or in the rainy season.

• Do only selective removal or trimming on sloped properties.

SPECIAL CONSIDERATIONS FOR CREEKSIDE PROPERTIESThe City of Oakland Creek Protection Ordinance regulates activity in creeksideareas to protect water quality and habitat. Generally,creekside property ownersmust obtain a creek protec-tion permit prior to anywork on their property;however, if the guidelinespictured (right) are followed,no permit may be necessary.Following are some issues forcreekside property owners toconsider while they complywith the Vegetation Manage-ment Program requirements. Please callthe Clean Creek Hotline for more informationor if you have any questions.

Planting on a Slope or Creek Bank• You do not need to completely clear a slope or creek bank of vegetation

to make it fire safe and comply with the Fire Code.• Removing plants from sloped land can cause erosion and landslides; when a hillside erodes,

sediment running into a creek can cause severe water quality problems.Know Your Plants

• Don’t mistakenly remove a valuable—or federally protected—native plant. For help identifying plants,call the Clean Creek Hotline.

Trees• Trim trees from the ground up to ensure that a canopy still shades the creek, cooling the water and

fostering healthy habitat and water quality.

Questions?Call the Clean Creek Hotline

at (510) 238-6600.

The standards listed below for developed and vacant lots are enforced by theFire Department year-round pursuant to the Fire Code 1103.2.4. You can becited at any time for non-compliance. If you have any questions about thesestandards or how they effect your property, please call the Fire PreventionBureau at (510) 238-7388.

GENERAL COMPLIANCE STANDARDS

Standards for Developed Lots (lots with a building/structure)1 Keep a 30-foot defensible space around all buildings/structures.

2 Additional defensible space outward to 100 feet from all buildings and surrounding,neighboring structures may be required depending on the property slope, fuel loadand/or fuel type.

3 Keep a 10-foot minimum clearance next to the roadside; more may be required.

4 Remove all portions of trees within 10 feetof chimney and/or stovepipe outlets.

5 Keep trees adjacent to or overhanging astructure free of dead/dying wood.

6 Keep roofs free of leaves, needles,or other dead/dying wood.

7 Install a spark arrester on chimneyand/or stove pipe outlets.

8 Provide street address numbers on thebuilding/structure that are clearlyvisible from the roadside, minimumheight: two inches.

9 Remove all tree limbs within six feet of theground.

10 Remove dead/dying vegetation from property.

Standards for Vacant Lots 1/2 acre or less• Clear entire lot of flammable vegetation (may not include native/ornamental

plants) to a height of six inches or less. But, to prevent erosion, do not leave the ground bare.• Keep a 10-foot minimum clearance next to the roadside (more may be required).• Remove dead/dying vegetation from property.• Remove all tree limbs within six feet of the ground.

Standards for Vacant Lots greater than 1⁄2 acre• Provide a minimum clear width of 30 feet around property line perimeter.• Additional defensible space outward to 100 feet along the perimeter of vacant lots adjacent to neighboring

structures may be required depending on the property slope, fuel load and/or type.

Defensible SpaceRegulations require you to

remove fuel (overgrown or

dead/dying vegetation)

from the space between

the structures on your

property and any

unmaintained vegetation.

Without defensible space,

your property is at much

greater risk of loss in the

event of a fire.

Tree Preservation/Removal PermitsPermits ($45) are required to remove any oak tree over four inches in diameter, and any other protected tree over nine

inches in diameter with the exception of eucalyptus, which may be removed without a permit. If you are considering remov-

ing eucalyptus trees, be aware of the potential erosion and habitat impacts of tree removal. In some cases, tree removal may

not be recommended. For a Tree Removal Permit, call Oakland Parks and Recreation at (510) 615-5850. If you wish to

remove a tree due to a construction project rather than as part of fire abatement compliance, you must contact Oakland’s

Zoning Department at (510) 238-3911. Additional requirements and fees apply.

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156

157

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Attachment 1

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161

162

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PREPARED BY: MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 5

DATE: NOVEMBER 8, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: PAGEANT WAY PARKING LOT PROJECT 817-0707

A. AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A

CONSTRUCTION AGREEMENT WITH BORTOLOTTO & COMPANY IN AN

AMOUNT NOT TO EXCEED $150,150 PLUS A TEN PERCENT

CONTINGENCY FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED

$165,165.

B. APPROVE A BUDGET ADJUSTMENT AND THE APPROPRIATION OF

$34,414 FROM FISCAL YEAR 15/16 YEAR END SAVINGS TO SUPPORT

FUNDING THE PAGEANT WAY PARKING LOT PROJECT.

RECOMMENDATION:

1. Authorize the Town Manager to award and execute a construction agreement (Attachment 1) with Bortollotto and Company in an amount not to exceed $150,150 plus a ten percent contingency for a total contract amount not to exceed $165,165 for the Pageant Way Parking Lot Project 817-0707.

2. Approve a budget adjustment and the appropriation of $34,414 from Fiscal Year 15/16 year end savings to support funding the Pageant Way Parking Lot Project.

BACKGROUND: The Pageant Way parking lot is located on the west side of the Civic Center and is in a failing state due to storm drainage issues, tree root upheaval, and pavement beyond its useful life. Concrete sidewalk areas and parking lot surfaces are steep and do not meet the Americans with

165

PAGE 2 OF 4 SUBJECT: PAGEANT WAY PARKING LOT PROJECT 817-0707 DATE: NOVEMBER 8, 2016

05 Staff Report Final 11/9/2016 5:28 PM

BACKGROUND (cont’d):

Disabilities Act (ADA) slope compliance, and pose storm flooding risk during most rain events. The parking lot serves Town Hall, the Library, NUMU, and special events at the Civic Center. The adopted FY 2016/17-2020/21 Capital Improvement Program (CIP) Budget designates funding for the reconstruction of the Pageant Way parking lot. This project is consistent with the Town’s goals to improve public safety and to improve the quality of Town infrastructure. Although this project has been needed for some time, staff scheduled the construction period after the completion of the Tenant Improvement Project for NUMU and Friends of the Library to avoid conflict in space needs and disruption of business. DISCUSSION: The scope of this project includes restoration of the parking lot within its current footprint and layout while improving drainage and ADA slope ratios. This will include complete demolition of the pavement section, grade reduction where applicable, sub-base upgrades, re-paving, and striping. There are two large trees in the pavement area of the parking lot which impact the construction design of the lot. The cork oak tree at the high end of the lot limits the depth in which the slope can be lowered, due to the shallow roots below the pavement. The project will preserve this tree. A redwood tree which is part of a group of redwoods along the tenant space for NUMU at the lower end of the lot is in distress, is impacting the storm system for the drainage of the lot, and will be removed with the project. Plans and specifications were developed by A&N West, a consultant who worked with Town staff to determine the most efficient and complete parking lot improvement in light of the topographic challenges. Through the design, an Engineer’s estimate for the project construction cost was developed at $170,645. The plans and specifications were sent to three local contractor building exchanges for publication. On November 4, 2016, seven bids were received. The low bid, including contingency, is three percent below the Engineer’s estimate. The bid summary is included as Attachment 2. The total cost for the project, including design services, exceeds the allocated budget for the project. As part of the actions associated with this recommendation, staff recommends allocating $34,414 from the FY 2015/16 year end fund balance to the project.

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PAGE 3 OF 4 SUBJECT: PAGEANT WAY PARKING LOT PROJECT 817-0707 DATE: NOVEMBER 8, 2016

05 Staff Report Final 11/9/2016 5:28 PM

CONCLUSION: Staff recommends that the Council authorize the Town Manager to award and execute a construction agreement with Bortollotto and Company in an amount not to exceed $150,150 plus a ten percent contingency for a total contract amount not to exceed $165,165 for the Pageant Way Parking Lot Project 817-0707, and approve the budget adjustment and appropriation of $34,414 from Fiscal Year 15/16 year end savings to support funding the Pageant Way Parking Lot Project. COORDINATION: This report has been coordinated with the Finance Department. FISCAL IMPACT: There are insufficient funds available for this project through the Town’s adopted FY 2016/17 - 2020/21 Capital Improvement Program Budget as demonstrated in the table below. As part of the actions associated with this recommendation, staff recommends allocating $34,414 from the FY 2015/16 year end fund balance to the project, as shown below. Several other priorities have also been programmed to utilized FY 2015/16 year end fund balance, including: $300,000 for CalPERS reserve funding and $100,000 for North 40 legal services, bringing the total need with this project to $434,414. The Finance Department has confirmed that these funds are available. All funds that are programmed now from the FY 2015/16 year end fund balance will not be available for other priorities in the future. The most notable impact will be a reduction in future GFAR funds available for capital projects and other priorities.

Adopted Expended/ Recommended Total Proposed

Budget Encumbered Available Budget Recommended Project

FY 2016/17 Fiscal Impact FY 2016/17 FY 2016/17 Balance Adjustment Budget Cost

Pageant Way Parking Lot

Reconstruction $175,550 $44,799 $130,751 $34,414 $165,165 $165,165

TOTALS $175,550 $44,799 $130,751 $34,414 $165,165 $165,165

Consultant Design/Testing 44,682$

Blueprint/Copy/Postage 117$

TOTALS 44,799$

Pageant Way Parking Lot Reconstruction

PROJECT 817-0707

TOTAL EXPENDITURES BY CATEGORY:

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PAGE 4 OF 4 SUBJECT: PAGEANT WAY PARKING LOT PROJECT 817-0707 DATE: NOVEMBER 8, 2016

05 Staff Report Final 11/9/2016 5:28 PM

ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301(c) Existing streets, sidewalks, trails, and similar facilities). A Notice of Exemption will be filed. Attachments: 1. Construction Agreement

2. Bid Summary

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1

ATTACHMENT 1

CONSTRUCTION AGREEMENT

This Agreement is dated for identification this 15th

day of November, 2016, and is made

by and between the TOWN OF LOS GATOS, a California municipal corporation, whose address

is 110 East Main Street, Los Gatos, California 95030 (hereinafter "TOWN"), and

(CONTRACTOR NAME), whose address is (CONTRACTOR ADDRESS) (hereinafter

"CONTRACTOR").

NOW, THEREFORE, the parties agree:

ARTICE I: WORK TO BE DONE AND DOCUMENTS FORMING THE CONTRACT

That for and in consideration of the payments and agreements hereinafter mentioned, to

be made and performed by the said TOWN, and under the conditions expressed in the two bonds

hereunto annexed, the said CONTRACTOR agrees with the said TOWN, at his own proper cost

and expense, to do all the work and furnish all the materials and equipment necessary to

construct and complete, in accordance with the plans and specifications hereinafter mentioned, in

a good, workmanlike and substantial manner, under the supervision of the Town Engineer, or

his, of the TOWN OF LOS GATOS, California, all the works and improvements described,

mentioned and set forth in those plans and specifications on file in the Office of the Parks and

Public Works of said TOWN, entitled:

"Plans and Specifications for

Project #16-817-0707 Pageant Way Parking Lot Reconstruction”

which said plans and specifications and all the documents therein contained, including the

TOWN OF LOS GATOS's Standard Provisions, are hereby specially referred to and by such

reference made part of this contract.

ARTICLE II: CONTRACTOR'S ACCEPTANCE

CONTRACTOR agrees to receive and accept the prices shown on Exhibit "A," which is

attached hereto and incorporated by reference herewith, as full compensation for furnishing all

materials and equipment and for doing all the work described in the contract documents; also for

all loss or damage as provided in the contract documents in the prosecution of the work until its

acceptance by the Town Council of the TOWN OF LOS GATOS, and for well and faithfully

completing the work, and the whole thereof, in the manner and according to the contract

documents, plans and specifications, and the requirements of the Town Engineer.

ARTICLE III: ACCEPTANCE BY TOWN

The said TOWN hereby promises and agrees with the said CONTRACTOR to employ,

and does hereby employ the said CONTRACTOR to provide the materials and to do the work

according to the terms and conditions herein contained and referred to, for the prices aforesaid,

and hereby contracts to pay the same at the time, in the manner and upon the conditions above 169

2

ATTACHMENT 1

set forth; and the said parties for themselves their heirs, executors, administrators, successors and

assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV: COMPLETION OF AGREEMENT

Reference is made to Part I – Page 1 of the TOWN's Project Specifications Notice to

Contractors which are hereby made a part of this contract. Inasmuch as the work called for

under this contract concerns a needed public improvement, the time of performance and

completion of this work is of the essence of this contract. It is expressly understood and agreed

by the parties hereto that all the work called for under this contract, in all its parts and

requirements, shall be completed thirty (30) working days from Notice to Proceed.

ARTICLE V: HOURS OF LABOR

The CONTRACTOR shall forfeit, as a penalty, to the TOWN, Twenty-Five Dollars ($25)

for each workman employed in the execution of the contract by him or by any subcontractor for

each calendar day during which any workman is required or permitted to labor more than eight

(8) hours in violation of the provisions of Sections 1810-1815 inclusive of the Labor Code and

all amendments thereto.

ARTICLE VI: APPRENTICES

Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor

Code governing the employment of apprentices by the CONTRACTOR or any subcontractor

under him. CONTRACTOR and any of his subcontractors shall comply with the requirements

of said sections of the Labor Code; CONTRACTOR shall have full responsibility for compliance

with the said sections regardless of any other contractual or employment relationships alleged to

exist.

Information relative to apprenticeship standards and other requirements may be obtained

from the Director of Industrial Relations ex officio the Administrator of Apprenticeship, San

Francisco, California or from the Division of Apprenticeship Standards at its branch offices.

ARTICLE VII: NONDISCRIMINATION

The CONTRACTOR sub recipient or subcontractor shall not discriminate on the basis of

race, color, national origin or sex in the performance of this contract. CONTRACTOR shall

carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-

assisted contracts.

Failure by CONTRACTOR to carry out these requirements is a material breach of this

contract, which may result in the termination of this contract or such other remedy as recipient

deems appropriate.

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ATTACHMENT 1

ARTICLE VIII: INDEPENDENT CONTRACTOR

It is agreed that CONTRACTOR is an independent contractor, and all persons working

for or under the direction of CONTRACTOR are CONTRACTOR's agents, servants and

employees, and said persons shall not be deemed agents, servants or employees of TOWN.

ARTICLE IX: OWNERSHIP OF DATA AND DOCUMENTS

CONTRACTOR agrees that all records, specifications, data, maps, designs, graphics,

writings, recordings and other tangible materials regardless of form or format, including, without

limitation, electronically transmitted documents and ACAD files, and other collateral materials

collected, compiled, drafted, prepared, produced and/or generated in the performance of this

Agreement shall be the property of TOWN. CONTRACTOR shall regularly provide such

documents to TOWN upon TOWN's request. In the event that this Agreement is terminated

prior to completion of the scope of work, CONTRACTOR shall provide all such data and

documents to TOWN forthwith.

ARTICLE X: INSURANCE

a. Commercial General Liability/Automobile Liability Insurance:

CONTRACTOR shall obtain and maintain Commercial General Liability

insurance and Automobile Liability insurance in the amount of One Million Dollars ($1,000,000)

per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply

separately to this contract or the general aggregate limit shall be twice the required occurrence

limit. CONTRACTOR's insurance coverage shall be written on an occurrence basis.

b. Workers' Compensation Insurance:

CONTRACTOR shall obtain and maintain statutory Workers' Compensation

insurance and Employer's Liability insurance in the amount of One Million Dollars ($1,000,000)

per accident.

CONTRACTOR is familiar with the Workers' Compensation laws of California

(generally contained in Section 3700 of the Labor Code), including those provisions which

provide for specific exemptions from the requirement that all employers must carry Workers'

Compensation insurance, and CONTRACTOR maintains they are exempted under the law from

the requirement to maintain Workers' Compensation insurance coverage.

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ATTACHMENT 1

In addition, during the term of any work for TOWN under said agreement:

(1) CONTRACTOR will not employ any person in any manner so as to become subject to the

Workers' Compensation laws of California, or (2) should CONTRACTOR become subject to the

Workers' Compensation provisions of Section 3700 of the Labor Code for any reason,

CONTRACTOR shall forthwith comply with those provisions and send evidence of financial

compliance to TOWN.

c. Acceptability of Insurers: Insurance is to be placed with insurers with a current

Best Rating of A:VII unless otherwise acceptable to TOWN.

d. Verification of Coverage: Insurance, deductibles or self-insurance retentions shall

be subject to TOWN's approval. Original Certificates of Insurance with endorsements shall be

received and approved by TOWN before work commences, and insurance must be in effect for

the duration of the contract. The absence of insurance or a reduction of stated limits shall cause

all work on the project to cease. Any delays shall not increase costs to TOWN or increase the

duration of the project.

e. Other Insurance Provisions:

(1) The TOWN OF LOS GATOS, its officers, officials, employees and

volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other

endorsement approved by Town Attorney for Commercial General and Automobile Liability

coverage.

(2) For any claims related to this project, CONTRACTOR's insurance

coverage shall be primary and any insurance or self-insurance maintained by TOWN, its officers,

officials, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed that a thirty (30) day

notice be given to TOWN in the event of cancellation or modification to the stipulated insurance

coverage.

(4) In the event CONTRACTOR employs subcontractors as part of the work

covered by this Agreement, it shall be the responsibility of CONTRACTOR to ensure that all

subcontractors comply with the same insurance requirements that are stated in this Agreement.

(5) Approval of the insurance by TOWN or acceptance of the Certificate of

Insurance by TOWN shall not relieve or decrease the extent to which CONTRACTOR may be

held responsible for payment of damages resulting from CONTRACTOR's services or operation

pursuant to this Agreement, nor shall it be deemed a waiver of TOWN's rights to insurance

coverage hereunder.

(6) If, for any reason, CONTRACTOR fails to maintain insurance coverage

that is required pursuant to this contract, the same shall be deemed a material breach of contract.

TOWN, at its sole option, may terminate this contract and obtain damages from CONTRACTOR

resulting from said breach. Alternately, TOWN may purchase such required insurance coverage,

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ATTACHMENT 1

and without further notice to CONTRACTOR, TOWN may deduct from sums due to

CONTRACTOR any premium costs advanced by TOWN for such insurance.

ARTICLE XI: HOLD HARMLESS

CONTRACTOR hereby agrees to and shall hold TOWN, its elective and appointive

boards, commissions, officers, agents, registered volunteers, and employees harmless from any

liability for damage or claims for damage for personal injury, including death, as well as from

claims for property damage and any other claims of any sort whatsoever, including, but not

limited to, any liabilities, claims, losses, or expenses in any manner caused by, arising out of, or

in connection with, either directly or indirectly, the construction or installation of the work, the

guarding of the work, the use of improper materials in construction of the work, or the negligent,

willful, or intentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors,

agents, or employee operations under this Agreement, whether such operations by

CONTRACTOR or by any of CONTRACTOR's subcontractors, or by any one or more persons

directly or indirectly employed by, or acting as agent for CONTRACTOR or any of

CONTRACTOR's subcontractors during the progress of the work or at any time before its

completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for

default of this Agreement or arising from the sole active negligence or willful misconduct of the

TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as

shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits

or claims for damages as aforesaid.

CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option

of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney)

and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, and

employees from any suits or actions at law or in equity arising out of the execution, adoption or

implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR),

such indemnification to include all costs of defense, judgments, and any awards of attorneys'

fees.

Should any accident or incident causing death, personal injury or property damage occur

between the date CONTRACTOR is notified that its General Liability and/or Workers

Compensation Insurance is canceled and the effective date of such cancellation,

CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided

for hereinabove, shall in no manner be affected by the fact that the TOWN had not received the

notice of cancellation prior to the date of such accident or incident.

ARTICLE XII: BONDING REQUIREMENT

CONTRACTOR agrees to post a Faithful Performance Bond and a payment bond for

Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by

the TOWN, guarantying the performance of the terms of this Agreement. Surety issuing bonds

for CONTRACTOR shall be approved by the U.S. Department of Treasury's Financial

Management Service and shall be listed on the most current Treasury Circular 570 as contained

in the Federal Register.

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ATTACHMENT 1

Contractor agrees to allow ten percent of the faithful performance bond to remain in effect for a

period of two years following Town Council project acceptance as guarantee for any needed

repair or replacement caused by defective materials and workmanship.

ARTICLE XIII: MAINTENANCE AND GUARANTY

CONTRACTOR shall promptly repair, replace, restore, or rebuild, as the TOWN may

determine, any finished product in which defects of materials or workmanship may appear or to

which damage may occur because of such defects, during a two (2) year period subsequent to the

date of final acceptance.

This article does not in any way limit the guaranty on any items for which a longer

guaranty is specified or on any items which a manufacturer gives a guaranty for a longer period,

nor does it limit the other remedies of the TOWN in respect to a latent defect, fraud or implied

warranties. CONTRACTOR shall furnish the TOWN all appropriate guaranties or warranty

certificates upon completion of the project.

ARTICLE XIV: SHORING FOR TRENCHES

If the contract specifies an expenditure of Twenty-Five Thousand Dollars ($25,000) or

greater for trenching, and if the depth of the trench is five feet (5') or more, then Section 6705 of

the Labor Code shall also be applicable.

ARTICLE XV: APPLICABLE LAWS AND ATTORNEY'S FEES

This Agreement shall be construed and enforced pursuant to the laws of the State of

California. Should any legal action be brought by a party for breach of this Agreement or to

enforce any provision herein, the prevailing party of such action shall be entitled to reasonable

attorneys' fees, court costs, and such other costs as may be fixed by the court. Reasonable

attorneys' fees of the TOWN Attorney's Office, if private counsel is not used, shall be based on

comparable fees of private attorneys practicing in Santa Clara County.

ARTICLE XVI: LIQUIDATED DAMAGES

It is mutually agreed by CONTRACTOR and TOWN that in the event that completion of

the construction by CONTRACTOR under this Agreement is delayed beyond DATE, TOWN

will suffer damages and will incur other costs and expenses of a nature and amount which is

difficult or impractical to determine. The Parties agree that by way of ascertaining and fixing the

amount of damages, costs and expenses, and not by way of penalty, CONTRACTOR shall pay to

TOWN the sum of Five Hundred Dollars ($500.00) per working day in liquidated damages for

each and every calendar day such delay in completion of the services under this Agreement

continues beyond DATE. In the event that the liquidated damages are not paid, CONTRACTOR

agrees that TOWN may deduct the amount of unpaid damages from any money due or that may

become due to CONTRACTOR under this Agreement.

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ATTACHMENT 1

ARTICLE XVII: INTERPRETATION OF CONTRACT

It is further expressly agreed by and between the parties hereto that should there be any

conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR,

then this instrument shall control and nothing herein shall be considered as an acceptance of the

said terms of said proposal conflicting herewith.

ARTICLE XVIII: AMENDMENTS AND CHANGE ORDERS

This Agreement may be amended from time to time as necessary by formal and written

amendment or authorized change order executed by the Town Manager or designee and principal

acting on behalf of the CONTRACTOR.

ARTICLE XIX: DBE RESPONSIBILITIES

For projects that are State or Federal funding; With respect to Disadvantaged Business

Enterprises, CONTRACTOR shall do the following:

(1) Pay each subcontractor under this prime contract for satisfactory performance of

its contract no later than ten (10) days from the receipt of each payment the prime contractor

receives from TOWN. Any delay or postponement of payment from the above-referenced time

frame may occur only for good cause following written approval of TOWN. This clause applies

to both DBE and non-DBE subcontractors.

(2) Release all retainage owed to a subcontractor for satisfactory completion of the

accepted work within thirty (30) days after TOWN's payment to CONTRACTOR. Any delay or

postponement of payment from the above-referenced time frame may occur only for good cause

following written approval of TOWN. This clause applies to both DBE and non-DBE

subcontractors.

ARTICLE XX: PREVAILING WAGES

Reference is hereby made to copies of the general rate of per diem wages as determined

by the Director of the Department of Industrial Relations which may be obtained from the State

of California.

For failure to pay the prevailing wages, the CONTRACTOR shall forfeit, as a penalty, to

the TOWN, Fifty Dollars ($50) for each workman for each calendar day or portion thereof who

is paid less than the stipulated prevailing wage for work done under this contract, in violation of

the provisions of the Labor Code, Sections 1770 to 1780, inclusive. In addition to said penalty,

the CONTRACTOR, or subcontractor, shall pay to each worker the difference between the

prevailing wage and the amount paid to said worker for each calendar day for which said worker

was paid less than the prevailing wage.

This project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations and/or the Town of Los Gatos.

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ATTACHMENT 1

CONTRACTOR shall comply with the provisions of the Davis-Bacon Act, as amended

(40 USC 276a-376a-5), and related requirements as certified in CONTRACTOR's bid proposal.

ARTICLE XXI: ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties with respect to the

subject matter herein. There are no representations, agreements or understandings (whether oral

or written) between or among the parties relating to the subject matter of this Agreement which

are not fully expressed herein.

ARTICLE XXII: PUBLIC RECORDS

The parties recognize and acknowledge that TOWN is subject to the California Public

Records Act, California Government Code Section 6250 and following. Public records are

subject to disclosure.

ARTICLE XXIII: NOTICES

Any notice required to be given to CONTRACTOR shall be deemed to be duly and

properly given if mailed to CONTRACTOR, postage prepaid, addressed to:

CONTRACTOR NAME

ADDRESS

CITY, STATE ZIP

or personally delivered to CONTRACTOR at such address or at such other addresses as

CONTRACTOR may designate in writing to TOWN.

Any notice required to be given TOWN shall be deemed to be duly and properly given if

mailed to TOWN, postage prepaid, addressed to:

Lisa Petersen, P.E.

Town Engineer

TOWN OF LOS GATOS

41 Miles Avenue

Los Gatos, California 95030

or personally delivered to TOWN at such address or at such other addresses as TOWN may

designate in writing to CONTRACTOR.

ARTICLE XXIV: SECTION 7106 FORM

Attached to the Agreement is a fully executed and sworn non-collusion affidavit as

required by Section 7106 of the California Public Contracts Code. Said affidavit is incorporated

herein by this reference.

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ATTACHMENT 1

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year

and date first written above.

APPROVED AS TO CONTENT:

Matt Morley

Director of Parks and Public Works

APPROVED AS TO FORM:

Robert Schultz

Town Attorney

"TOWN":

TOWN OF LOS GATOS

By:

Laurel Prevetti

Town Manager

Attest:

Shelley Neis

Clerk Administrator

CONTRACTOR:

Name: _____________________________

Address:

Tax ID No. or SSAN:

By:

Title:

By:

Title:

Corporate Seal

177

CONTRACTOR'S BOND FOR LABOR AND MATERIAL

KNOW ALL MEN BY THESE PRESENTS:

That , as Principal, and

,

incorporated under the laws of the State of

and authorized to execute bonds and undertakings as Surety, are held and firmly bound unto any

and all materialmen, persons, companies or corporations furnishing materials, provisions,

provender or other supplies used in, upon, for or about the performance of the work contracted to

be executed or performed under the contract hereinafter mentioned, and all persons, companies

or corporations renting implements or machinery, or hiring crews, for or contributing to said

work to be done, and all persons who perform work or labor upon the same, and all persons who

supply both work and materials, and whose claim has not been paid by the contractor, company,

or corporations in the just and full sum of __________________________ Dollars

($__________), for the payment whereof, well and truly to be made, said Principal and Surety

bind themselves, their administrators, successors and assigns, jointly and severally firmly by

these presents.

The condition of the foregoing obligation is such that; WHEREAS, the above-bounden

Principal has entered into a certain contract attached hereto and incorporated herein by reference

as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following

work; to wit:

Project #16-817-0707 Pageant Way Parking Lot Reconstruction

as required by the plans and specifications, pursuant to the award made to said contractor by the

Council of the TOWN OF LOS GATOS, on November 15, 2016, as will more fully appear by

reference to the minutes of said Council of said TOWN of said date.

NOW, THEREFORE, if the above-bounden Principal, contractor, person, company, or

corporation, or his agent, or the subcontractors, fails to pay for any materials, provisions,

provender, or other supplies, or crews used in, upon, for, or about the performance of the work

contracted to be done, or for any work or labor done thereon of any kind, or for amounts due

under the Unemployment Insurance Act with respect to such work or labor, or for any amount

required to be deducted, withheld, and paid over to Franchise Tax Board, from the wages of

employees of the contractor or subcontractor, pursuant to Section 18806 of the Revenue and Tax

Code, then the Surety of this bond will also pay the same in an amount not exceeding the sum

specified in the bond; and also, in case suit is brought upon this bond, a reasonable attorney's fee,

which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be

taxed as costs in said suit and to be included in the judgment therein rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or

addition to the terms of the agreement or to the work to be performed thereunder or to the

specifications accompanying the same shall in any way affect its obligation on this bond and it

178

does hereby waive notice of any such change, extension of time, alteration or addition to the

terms of the agreement or to the work or to the specifications.

This bond is executed and filed to comply with the provisions of Sections 3247, et seq.,

of the Civil Code.

Signed and sealed this day of , 2016.

BY:

CONTRACTOR

(CORPORATE SEAL)

BY:

SURETY (Address and Phone No.)

(SURETY SEAL)

179

The amount of the within obligation is hereby fixed by the TOWN Council in the sum of

(CONTRACT AMOUNT) Dollars ($XXXXX), that sum being one hundred percent (100%) of

the contract price, is by said TOWN Council deemed adequate, and is the sum fixed by it for that

purpose and the TOWN Manager is hereby authorized to approve said bond.

APPROVED AS TO FORM:

_____________________________ ________________________________

Robert Schultz, Town Attorney Laurel Prevetti, Town Manager

ATTEST: _____________________________

Shelley Neis, Clerk Administrator

180

CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE

KNOW ALL MEN BY THESE PRESENTS:

That , as Principal, and

______________________________________________________________________,

incorporated under the laws of the State of _______________, and authorized to execute bonds

and undertakings as Surety, are held firmly bound unto the TOWN OF LOS GATOS, a

municipal corporation of the State of California, in the sum of __________________ Dollars

($_________), for payment whereof, well and truly to be made, said Principal and Surety bind

themselves, their administrators, successors and assigns, jointly and severally, firmly by these

presents.

The condition of the foregoing obligation is such that: WHEREAS, the above-bounden

Principal has entered into a certain contract attached hereto and incorporated herein by reference

as though fully set forth, with the TOWN OF LOS GATOS, to do and perform the following

work; to wit:

Project #16-817-0707 Pageant Way Parking Lot Reconstruction

as required by the plans and specifications, pursuant to the award made to said contractor by the

Council of the TOWN OF LOS GATOS, on November 15, 2016, as will more fully appear by

reference to the minutes of said Council of said date.

The surety hereby stipulates and agrees that no change, extension of time, alteration or

addition to the terms of the agreement or to the work to be performed thereunder or to the

specifications accompanying the same shall in any way affect its obligation on this bond and it

does hereby waive notice of any such change, extension of time, alteration or addition to the

terms of the agreement or to the work or to the specifications.

NOW, THEREFORE, if the above-bounden Principal shall well and truly perform the

work contracted to be performed under said contract, then this obligation shall be void;

otherwise, to remain in full force and effect.

181

Signed and sealed this day of , 2016.

BY:

CONTRACTOR

(CORPORATE SEAL)

BY:

SURETY (Address and Phone No.)

(SURETY SEAL)

182

The amount of the within obligation is hereby fixed by the TOWN Council in the sum of

(CONTRACT AMOUNT) Dollars ($XXXXX), that sum being one hundred percent (100%) of

the contract price, is by said TOWN Council deemed sufficient and adequate, and is the sum

fixed by it for that purpose.

APPROVED AS TO FORM:

_____________________________ ________________________________

Robert Schultz, Town Attorney Laurel Prevetti, Town Manager

ATTEST: _____________________________

Shelley Neis, Clerk Administrator

183

Town of Los Gatos Parks and Public Works Department

Project #16-817-0707 Pageant Way Parking Lot Reconstruction

Certified Bid Tabulation Bid Opening: at 2:00 P.M. at the Civic Center

BASE BID:

ITEM

NOITEM DESCRIPTION UNIT

EST.

QTY.

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

UNIT

PRICE EXTENSION

1. Mobilization L.S. 1 $8,000.00 $8,000.00 $11,111.11 $11,111.11 $8,000.00 $8,000.00 $22,220.00 $22,220.00 $9,000.00 $9,000.00 $37,000.00 $37,000.00 $25,000.00 $25,000.00 $11,622.00 $11,622.00

2. Remove Existing Asphalt Concrete Paving S.F. 8,400 $4.00 $33,600.00 $4.65 $39,060.00 $4.70 $39,480.00 $4.60 $38,640.00 $7.50 $63,000.00 $6.45 $54,180.00 $6.00 $50,400.00 $8.90 $74,760.00

3.Remove Existing Concrete Walkway,

Sidewalk, DrivewayS.F. 870 $6.00 $5,220.00 $4.00 $3,480.00 $7.00 $6,090.00 $7.90 $6,873.00 $8.00 $6,960.00 $10.00 $8,700.00 $10.00 $8,700.00 $21.00 $18,270.00

4. Remove Existing Concrete Curb & Gutter L.F. 35 $20.00 $700.00 $35.00 $1,225.00 $10.00 $350.00 $50.00 $1,750.00 $60.00 $2,100.00 $10.00 $350.00 $50.00 $1,750.00 $80.00 $2,800.00

5. Remove & Reinstall Existing Wheel Stops L.S. 1 $1,500.00 $1,500.00 $2,150.00 $2,150.00 $1,000.00 $1,000.00 $1,625.00 $1,625.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $884.00 $884.00

6. Temporary Fence L.S. 1 $3,000.00 $3,000.00 $940.94 $940.94 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $1,465.00 $1,465.00 $3,000.00 $3,000.00 $2,770.00 $2,770.00

7. Class 2 Aggregate Base C.Y. 240 $90.00 $21,600.00 $99.09 $23,781.60 $84.00 $20,160.00 $150.00 $36,000.00 $130.00 $31,200.00 $90.00 $21,600.00 $150.00 $36,000.00 $113.60 $27,264.00

8. Asphalt Concrete (type A, 3/4-in. max. med.) Ton 150 $200.00 $30,000.00 $171.17 $25,675.50 $200.00 $30,000.00 $157.40 $23,610.00 $200.00 $30,000.00 $175.00 $26,250.00 $200.00 $30,000.00 $178.10 $26,715.00

9. PVC Storm Drain Pipes L.F. 9 $100.00 $900.00 $117.00 $1,053.00 $400.00 $3,600.00 $480.00 $4,320.00 $250.00 $2,250.00 $800.00 $7,200.00 $500.00 $4,500.00 $613.00 $5,517.00

10. Grated Line Drain with Catch Basin L.F. 152 $150.00 $22,800.00 $139.00 $21,128.00 $225.00 $34,200.00 $189.00 $28,728.00 $160.00 $24,320.00 $167.50 $25,460.00 $265.00 $40,280.00 $264.00 $40,128.00

11. Concrete Walkway & Sidewalk S.F. 920 $35.00 $32,200.00 $16.00 $14,720.00 $15.00 $13,800.00 $19.50 $17,940.00 $11.00 $10,120.00 $17.00 $15,640.00 $25.00 $23,000.00 $18.00 $16,560.00

12. Concrete Driveway S.F. 125 $35.00 $4,375.00 $17.00 $2,125.00 $34.00 $4,250.00 $40.80 $5,100.00 $20.00 $2,500.00 $35.00 $4,375.00 $45.00 $5,625.00 $37.00 $4,625.00

13. Concrete Curb & Gutter L.F. 10 $75.00 $750.00 $100.00 $1,000.00 $160.00 $1,600.00 $202.00 $2,020.00 $150.00 $1,500.00 $79.00 $790.00 $200.00 $2,000.00 $74.00 $740.00

14. Striping & Pavement Marking L.S. 1 $6,000.00 $6,000.00 $2,700.00 $2,700.00 $3,300.00 $3,300.00 $3,473.00 $3,473.00 $6,000.00 $6,000.00 $3,020.00 $3,020.00 $5,000.00 $5,000.00 $5,454.00 $5,454.00

TOTAL $170,645.00 TOTAL $150,150.15 TOTAL $168,830.00 TOTAL $194,299.00 TOTAL $194,950.00 TOTAL $207,030.00 TOTAL $236,255.00 TOTAL $238,109.00

This certifies that all bids were received and opened on November 4, 2016

and that this is a copy of the bid tabulation with bids corrected for errors in addition and multiplication. By: J. Chin, Assistant Engineer

Galeb Paving O'Grady Paving Duran & Venables

November 4, 2016

Engineer's Estimate GradeTech Guerra Construction GroupWattis Construction Co.G. Bortolotto & Co.

Page 1 of 1

184

PREPARED BY: STEPHEN CONWAY Finance Director Reviewed by: Town Manager, Town Attorney, and Finance Director

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 5

ADDENDUM

DATE: NOVEMBER 8, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: PAGEANT WAY PARKING LOT PROJECT 817-0707

A. AUTHORIZE THE TOWN MANAGER TO AWARD AND EXECUTE A

CONSTRUCTION AGREEMENT WITH BORTOLOTTO & COMPANY IN AN

AMOUNT NOT TO EXCEED $150,150 PLUS A TEN PERCENT

CONTINGENCY FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED

$165,165.

B. APPROVE A BUDGET ADJUSTMENT AND THE APPROPRIATION OF

$34,414 FROM FISCAL YEAR 15/16 YEAR END SAVINGS TO SUPPORT

FUNDING THE PAGEANT WAY PARKING LOT PROJECT.

REMARKS: A Council Member requested information regarding the total Fiscal Year 2015/16 available excess or savings. The Town of Los Gatos is in the process of completing the FY 2015/16 year-end financial audit. Currently, staff estimates an operating budget savings of approximately $2.6 million in the General Fund. Actual savings will be available upon the final close of the FY 2015/16 audit, expected to be completed by the end of the calendar year.

185

PREPARED BY: LISA VELASCO Human Resources Director Reviewed by: Town Manager, Town Attorney, and Finance

110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832

www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT

MEETING DATE: 11/15/2016

ITEM NO: 6

DATE: NOVEMBER 2, 2016

TO: MAYOR AND TOWN COUNCIL

FROM: LAUREL PREVETTI, TOWN MANAGER

SUBJECT: APPROVE A LABOR AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND ASSOCIATION OF FEDERAL, STATE, COUNTY AND MUNICIPAL EMPLOYEES AND AUTHORIZE THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING.

RECOMMENDATION: Approve a labor agreement between the Town of Los Gatos and Association of Federal, State, County and Municipal Employees (AFSCME) for the period July 1, 2016 through June 20, 2018 and authorize the Town Manager to execute the Memorandum of Understanding (Attachment 1). BACKGROUND: In accordance with the Town’s Employer-Employee Relations Resolution No. 1974-41, representatives of the Town and AFSCME have met and conferred in good faith and within the scope of representation in an effort to reach agreement for a successor Memorandum of Understanding. The revised agreement is contained in Attachment 1. The Memorandum of Understanding is a labor agreement that identifies specific terms and conditions of employment applicable to the employees represented by that agreement. The Town has two other represented groups, Town Employees Association (TEA) and the Police Officers’ Association (POA). Agreements have not been reached with those two bargaining units. The TEA agreement expired on June 30, 2016 and the POA agreement expired on September 30, 2016.

186

PAGE 2 OF 2 SUBJECT: APPROVE A LABOR AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND ASSOCIATION OF FEDERAL, STATE, COUNTY AND MUNICIPAL EMPLOYEES AND AUTHORIZE THE TOWN MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING. DATE NOVEMBER 15, 2016

S:\COUNCIL REPORTS\2016\11-15-16\06 AFSCME\06 Staff Report FINAL.docx 11/10/2016 9:24 AM LV

DISCUSSION: The Town’s current agreement with AFSCME expired on June 30, 2016. In March 2016, the Town and AFSCME began negotiating for a successor agreement. A tentative agreement for a two-year term was reached in October 2016 and subsequently ratified by AFSCME members. Major provisions of the agreement:

1. Term: July 1, 2016 to June 30, 2018 with a wage reopener to discuss an increase beginning July 1, 2017

2. Compensation: 2.5% salary increase retroactive to July 1, 2016 3. Specialty Pay:

Revised language for employees assigned to Street-Sweeper duty changing the pay from a 5% differential to a $5 per hour differential.

New language added for Class A Driver’s License Pay and Tanker Endorsement Pay to provide employees who maintain both a valid California Commercial Class A Driver’s License and a Tanker Endorsement additional pay of $75 per month.

The Town and AFSCME have also agreed to various MOU language updates. The purposes of the updates are to clarify existing language, delete obsolete language, and ensure compliance with potential legislative changes related to the Affordable Care Act. The updates do not change existing benefits nor is there a related fiscal impact (see Attachment 1). CONCLUSION: The AFSCME agreement has been prepared within the parameters provided to Town’s negotiators by the Town Council and has been ratified by the AFSCME membership. It is recommended that the proposal be approved and that the Town Manager be authorized to execute the Memorandum of Understanding. FISCAL IMPACT: The Fiscal Year 2016/2017 anticipated fiscal impact is $38,625 for the compensation increase and $6,000 resulting from the specialty pay changes. The total impact of $44,625 will be absorbed in the existing operating budget. The impact for Fiscal Year 2017/2018 will depend on the results of the wage reopener negotiations for the second year of this agreement. Attachments: 1. July 1, 2016 through June 30, 2018 AFSCME Memorandum of Understanding

187

TOWN OF LOS GATOS

AND

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES

(AFSCME)

MEMORANDUM OF UNDERSTANDING

JULY 1, 20136 - JUNE 30, 20168

Attachment 1

188

Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 20136 – June 30, 20168

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Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 20136 – June 30, 20168

MEMORANDUM OF UNDERSTANDING BETWEEN

THE TOWN OF LOS GATOS AND

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME)

THIS AGREEMENT IS ENTERED INTO AS OF JULY 1, 20161, 2013, BETWEEN THE TOWN OF LOS GATOS, HEREINAFTER REFERRED TO AS THE "TOWN", AND THE LOS GATOS “AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES”, HEREINAFTER REFERRED TO AS "AFSCME". Pursuant to Town Resolution 1974-41 of the Town of Los Gatos and Section 3500 et. seq. of the Government Code, the duly authorized representatives of the Town and AFSCME, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment, as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.

FOR AFSCME: John Tucker Business Agent Jerett Blaskey Parks & Maintenance Worker AFSCME President Sherrie Olsen Parks & Maintenance Worker AFSCME Secretary-Treasurer

TOWN OF LOS GATOS: Greg LarsonLaurel Prevetti Town Manager Rumi PortilloLisa Velasco Human Resources Director Lynne LamprosAllyson Hauck Deputy Town AttorneyRenne Sloan Holtzman Sakai LLP APPROVED AS TO FORM: ___________________________________ Robert Schultz Town Attorney

190

Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 20136 – June 30, 20168

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Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 20136 – June 30, 20168

Table of Contents

Section 1. Purpose ...................................................................................................................................... 1

Section 2. Term .......................................................................................................................................... 1

Section 3. Union Rights .............................................................................................................................. 1

Section 4. Savings Clause ........................................................................................................................... 2

Section 5. Union Membership and Payroll Deductions ............................................................................. 2

Section 6. Management Rights .................................................................................................................. 3

Section 7. Town Employer-Employee Relations Resolution ...................................................................... 3

Section 8. Equal Employment Opportunity ................................................................................................ 3

Section 9. Non-Discrimination ................................................................................................................... 3

Section 10. Compensation ........................................................................................................................... 4

Section 11. Out-of-Classification Pay ........................................................................................................... 4

Section 12. Payroll Practices ........................................................................................................................ 4

Section 13. CalPERS Benefits ........................................................................................................................ 5

Section 14. Health and Welfare Benefits and Rate of Town Contribution .................................................. 6

Section 15. Workers’ Compensation ............................................................................................................ 8

Section 16. Deferred Compensation ............................................................................................................ 8

Section 17. Uniforms .................................................................................................................................... 8

Section 18. Safety Equipment ...................................................................................................................... 8

Section 19. Mileage ...................................................................................................................................... 9

Section 20. Work Schedule .......................................................................................................................... 9

Section 21. Overtime .................................................................................................................................. 10

Section 22. Call Back................................................................................................................................... 11

Section 23. Standby .................................................................................................................................... 11

Section 24. Emergency Work ..................................................................................................................... 12

Section 25. Work Furlough Program .......................................................................................................... 12

Section 26. Vacation Schedule ................................................................................................................... 13

Section 27. Vacation Cash-Out ................................................................................................................... 13

Section 28. Sick Leave ................................................................................................................................ 13

Section 29. Holidays ................................................................................................................................... 14

Section 30. Personal Leave ......................................................................................................................... 14

Section 31. Maternity Leave/Family Leave/Medical Leave ....................................................................... 14

Section 32. Catastrophic Time Bank ........................................................................................................... 15 192

Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 20136 – June 30, 20168

Section 33. Bereavement Leave ................................................................................................................. 15

Section 34. Military Leave .......................................................................................................................... 15

Section 35. Personal Emergency Leave ...................................................................................................... 15

Section 36. Jury Duty .................................................................................................................................. 15

Section 37. Leave Without Pay................................................................................................................... 15

Section 38. Accrual of Benefits................................................................................................................... 16

Section 39. Notice of Vacancies ................................................................................................................. 16

Section 40. Promotions .............................................................................................................................. 16

Section 41. Probationary Period ................................................................................................................ 16

Section 42. Outside Employment ............................................................................................................... 16

Section 43. Attendance .............................................................................................................................. 16

Section 44. Personnel Files ......................................................................................................................... 16

Section 45. Performance Evaluations ........................................................................................................ 17

Section 46. Seniority................................................................................................................................... 17

Section 47. Layoff Policy ............................................................................................................................. 18

Section 48. Layoff Reinstatement .............................................................................................................. 18

Section 49. Contracting Out ....................................................................................................................... 19

Section 50. Safety Committee .................................................................................................................... 19

Section 51. Safety ....................................................................................................................................... 20

Section 52. Physical Examinations and Tests ............................................................................................. 20

Section 53. Grievance Procedure ............................................................................................................... 20

Section 54. Disciplinary Procedure ............................................................................................................ 20

Section 55. Unpaid Furloughs .................................................................................................................... 23

Section 56. Closure Days with Paid Leave Allowed .................................................................................... 25

Section 57. Comprehensiveness of Agreement ........................................................................................ 25

Appendix A – AFSCME Salary Schedule

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Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2013 2016– June 30, 20162018

Page 1

TOWN OF LOS GATOS AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES

MEMORANDUM OF UNDERSTANDING ON SALARIES, FRINGE BENEFITS AND WORKING CONDITIONS

Section 1. Purpose The Town and the Union agree that the purpose of this Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the Town and the employees represented by the Union; to provide an orderly and equitable means of resolving disputes that may arise concerning this Agreement; and to set forth the full agreements of the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation pursuant to the State Government Code and the Town Employer-Employee Relations Resolution.

Section 2. Term This Memorandum of Understanding shall commence on July 1, 20136 and terminate on June 30, 20168.

Section 3. Union Rights

3.1 Advance Notice Except in cases of emergency as provided in this subsection the Union, if affected, shall be given reasonable advance written notice, normally thirty (30) calendar days of any ordinance, policy resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted or amended by the Town and shall be given the opportunity to meet and confer as required by the Meyers Milias Brown Act with the appropriate management representatives prior to adoption. In cases of emergency when the foregoing procedure is not practical or in the best public interest, the Town may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives. The Union shall timely raise any issues arising under this subsection

3.2 No Discrimination The Town and Union agree that neither will discriminate in any way against employees covered by this Agreement because of their membership and/or activities on behalf of the Union.

3.3 Stewards The Town agrees to recognize two (2) duly appointed Union Stewards and two (2) duly appointed alternate Stewards for purposes of Union representation. The Union shall provide the Town with a list of those duly appointed individuals. The Steward or Union Officer shall distribute to all new unit employees material(s) furnished for such purpose by the Union.

3.4 Representation Upon request of an employee covered by this Agreement, the Steward and/or Union representative shall be present during meetings which the employee reasonably anticipates will involve that individual employee in disciplinary matters. To the extent possible, disciplinary and grievance matters affecting employees shall be considered during normal working hours and with pay.

3.5 Access to Premises The designated Union business representative, for performance of official duties, shall not be denied access to Town premises subject to that representative first advising Town management that he/she is on the premises and subject to not interfering with the work duties of Town employees. The Union will be allowed reasonable use of Town facilities with advance notice and approval from the Town for meetings in accordance with Town policies and procedures.

194

Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2013 2016– June 30, 20162018

Page 2

3.6 Bulletin Boards and Union Literature The Union shall have the right to use the Corporation Yard Bulletin Board and employee mailboxes for posting and distribution of Union materials.

3.7 Release Time As long as there is no disruption of work, Tthe Town shall provide two (2) AFSCME-authorized union representatives with up to 20 hours of release time each year for the purpose of attending Union conventions, conferences and union-sponsored training programs. The use of release time will have no impact on accrual of paid leave, seniority, completion of probation and eligibility for health and welfare benefits, or pension benefits.

3.8 New Hire Information The Town will notify the Union of the name, classification, unit and work location of all new hires into the positions in the classifications represented by AFSCME within the first full pay period of the new hire’s starting date.

3.9 Orientation Upon request, an AFSCME Union representative will be allowed 15 minutes of release time for the purpose of providing new hires into positions in the classifications represented by AFSCME new member information.

Section 4. Savings Clause If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree or by reasons of any preemptive legislation, the remaining sections of this agreement shall remain in full force and effect for the duration of this agreement.

Section 5. Union Membership and Payroll Deductions Every employee shall become a member of the Union or pay to the Union a service fee in an amount that shall not exceed membership dues. The Union shall certify in writing to the Town any changes in the amount of membership dues or service fee.

5.1 Authorization of Membership Dues or Service Fee Any employee may sign and deliver to the Town an authorization for payroll deduction of membership dues or service fee. The Town agrees to remit to the Union all monies deducted accompanied by a list of workers for whom such deductions have been made and indicating any changes in personnel from the list previously furnished.

5.2 Payroll Deduction Upon the written request of the Union, tThe Town will deduct the amount of the service fee from the paycheck of any employee who has not authorized a payroll deduction of membership dues or service fee within the third pay period following commencement of employment. The Town shall not be obligated to put into effect any new, changed, or discontinued deduction until the pay period commencing thirty (30) days or longer after such submission. Should this clause, or any portion thereof, be rendered inoperable due to legislation, regulation or court decision during the term of this MOU, the parties agree to meet and confer over any identifiable impacts to terms and conditions of employment.

5.3 Political Dues Deduction (PEOPLE) Any employee may sign and deliver to the Town an authorization card for payroll deduction of voluntary contributions to Public Employees Organized to Promote Legislative Equality (PEOPLE). The Town agrees to remit monthly to the Union all monies deducted for PEOPLE accompanied by a list of employees for whom such deductions have been made. Such authorization may be invoked or revoked in writing by the employee at any time.

5.4 Indemnification and Hold Harmless The Union shall indemnify and hold harmless the Town against any and all suits, claims, demands, and liabilities that may arise out of, or by reason of, any action or omission of the Town in complying with this Section.

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Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2013 2016– June 30, 20162018

Page 3

Section 6. Management Rights The Union recognizes that the rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary action to determine when an emergency exists and to carry out its mission in emergencies including the requirement that employees work overtime; and exercise complete control and discretion over its organization and the technology of performing its work.

Section 7. Town Employer-Employee Relations Resolution The Union and the Town recognize the existing language in Town Resolution 1974-41 as it governs all aspects of labor relations in the Town. Any changes in Resolution 1974-41 which apply to AFSCME Local 101 will be made after meeting and consulting conferring when required by the Meyers Milias Brown Act with the Union.

Section 8. Equal Employment Opportunity The Union and Town support equal employment opportunity programs.

Section 9. Non-Discrimination The Town and Union agree that all provisions of this Agreement shall be applied equally to all employees covered herein without favor or discrimination because of race, color, national origin, ancestry, religion, religious creed, physical disability, mental disability, medical condition, genetic information, marital status, sex, sexual orientation, gender, gender based pregnancy/childbirth, gender identity, gender expression, age (over 40), or political affiliation or any other basis prohibited by applicable Federal, State or Town law. The parties further agree that Section 9 and 9.1 shall not be subject to the Grievance Procedure provided in this Agreement.

9.1 General Provisions Regarding Americans with Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, the Union recognizes the Town's obligation to comply with all provisions of the ADA on a case by case basis.

9.1.1 The Union recognizes that the Town has the legal obligation to meet with the individual employee to be accommodated through the interactive process before any adjustment is made in working conditions. The Union will be notified of these proposed accommodations prior to implementation by the Town.

9.1.2 Any accommodation provided to an individual protected by the ADA shall not establish a past practice.

9.2 Non-Discrimination for Union Activity The Town and Union agree that they, and each of them, shall not discriminate against any employee because of membership or lack of membership in the Union, or because of any authorized activity on behalf of the Union. The parties further agree that this Section 9.2 may be subject to the Grievance Procedure provided in this Agreement.

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Page 4

Section 10. Compensation 10.1 Employee Appreciation One-Time Payment: Upon successful ratification of this agreement, the Town will provide employees with a one-time lump sum payment of 1.5% of their salary paid in cash on December 13, 2013.

10.21 Employees will receive a pay adjustment as follows:

2% salary increase on July 1, 20142.5% salary increase effective at the beginning of the pay period that includes July 1, 2016

2% salary increase on July 1, 2015

Section 11. Out-of-Classification Pay The Town and the Union agree that it is the intent of Town management, whenever possible, to avoid working an employee out of classification for a prolonged period of time. It is further agreed that an employee assigned to work out-of-classification shall be compensated from the first day of the out-of-classification assignment. Out-of-classification pay shall be a minimum of five percent (5%), above the employee's regular salary; or the lowest rate of the higher classification, whichever is greater. Training programs mutually agreed to by the Town and the Union which are designed to enhance and/or provide career development opportunities shall not be subject to this provision. Any employee who believes they are working out of classification may request a review of their classification.

11.1 Street-Sweeper Specialty Pay Employees assigned to operate the street sweeper shall be paid a 5% $5 per hour differential above their base hourly rate. This special assignment pay shall be paid for actual time worked and does not apply to non-worked hours such as vacation, holidays, personal or sick leave. In accordance with CalPERS regulations, this special assignment pay is reported as PERSable income for those employees who are assigned to operate the street sweeper on a routine and consistent basis. Thus, employees who operate the street sweeper on back-up basis shall be paid the premium in accordance with this agreement but the premium will not be reported as PERSable income. The Department Director retains the right to determine street sweeper assignments in accordance with the needs of the department. Employees assigned to operate the street sweeper must meet the qualifications of the job and demonstrate proficiency to operate the equipment.

11.2 Class A Driver’s License Pay and Tanker Endorsement Pay Employees who maintain a valid California Commercial Class A Driver’s License shall be paid $30 per month. Employees who maintain both a valid California Commercial Class A Driver’s License and a Tanker Endorsement shall be paid $75 per month.

Section 12. Payroll Practices

12.1 Payroll Periods and Availability of Checks Employees shall be compensated on a biweekly basis.

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Employee pay shall not be withheld more than seven (7) days following end of payroll period; however, overtime may appear on the next payroll period if it is worked following the submittal of time sheets, or during a pay period with a Town holiday which requires early submittal of time sheets and early distribution (before Friday) of paychecks. This may also occur at the end of the fiscal and calendar year. Every effort will be made to make paychecks available to employees as soon as checks are signed and ready for distribution.

12.2 Automatic Deposit The Town shall provide an optional direct deposit system for use by employees.

12.3 Deduction and Accrual Information Payroll deductions and leave balances shall appear on paychecks and be current to the latest payroll period.

Section 13. CalPERS Benefits

13.1 2% at 55 Effective December 16, 1992, the Town's contract with the Public Employees’ Retirement System (PERS) provided the 2% at 55 retirement formula for eligible Miscellaneous Town employees (regular employees). Employees shall contribute 7% towards the retirement benefit.

13.21 2.5% at 55 (Tier One Retirement) Effective July 1, 2008, the Town amended its contract with PERS to include a 2.5% at 55 PERS retirement benefit (Gov’t Code 21354.4). Employees shall contribute 8% towards the retirement benefit.

13.32 2% at 60 (Two-Tier Two Retirement) Effective September 15, 2012, the Town amended its contract with PERS to include the 2% at 60 retirement benefit (Gov’t Code 21353). Employees hired in this tier are subject to PERS 36-month final average compensation (Gov’t Code 20037), and will not be eligible for PERS Fourth Level of 1950 Survivor Benefits (Gov’t Code 21574).

13.43 2% at 62 (Public Employees’ Pension Reform Act of 2013 [PEPRA]) For employees hired on or after January 1, 2013, who meet the definition of new member under Gov’t Code 7522.04(f), the Town will provide the 2% at 62 retirement benefit. For employeesFor new members hired on or after January 1, 2013, the Town will use the 36- month final average compensation (Gov’t Code 20037). New members hired on or after January 1, 2013 shall pay an amount that is equal to one half (1/2) the normal cost of his/her CalPERS pension, or the current contribution rate of similarly situated employees, whichever is greater. (Gov’t Code 7522.30(c)).

13.54 EPMC, 414(h)(2) IRC Effective June 24, 2001, the Town will ceased its participation in the Public Employees’ Retirement System “Employer Paid Member Contribution” (EPMC) provision. Concurrently, the Town will beginbegan paying in salary to the employees covered by this MOU the equivalent dollar amount of the former EPMC (7% of salary). Employees shall be responsible for making their own PERS member contributions.

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Substantially concurrent with the adoption of this MOU, tThe Town haswill adopted a Resolution materially the same as that recommended by the Public Employees’ Retirement System to implement the provisions of 414 (h) (2) of the Internal Revenue Code (IRC). AFSCME accepts the terms of this Resolution and acknowledges that this Resolution will apply to all current and future members of AFSCME.

13.65 Military Service Purchase The Town shall permit employees to purchase PERS credit for military service time.

13.76 Retiree Health In accordance with the Public Employees’ Medical and Hospital Care Act (PEMHCA), employees qualify for retiree health benefits upon five (5) years of service if they meet the vesting requirements as set forth by CalPERS and take a service or disability retirement from Town employment. Additionally, the employee must actually draw a CalPERS pension within ninety (90) days of separation from the Town, provided the employee remains with the Town’s health plan through COBRA.

13.76.1 For Medicare Eligible retirees, the Town’s contribution will align to Kaiser North Medicare rates.

Section 14. Health and Welfare Benefits and Rate of Town Contribution Employees may participate in either the Insurance Program or the Cash Allocation Program. Employees shall select either the Insurance Program or the Cash Allocation Program annually during the Town’s open enrollment period, or at any other time permitted by the PEMHCA, such as a qualifying event (e.g., birth of a child, marriage, spouse’s loss of medical coverage, etc.)

14.1 Insurance Programs

14.1.1 Dental The Town shall contribute up to the Delta Dental Premier premium for each employee at the employee’s level of participation (i.e., Employee Only, Employee Plus One, or Employee Plus Two or More.)

14.1.2 Medical The Town will provide a choice of coverage under the Public Employees' Retirement System Health Benefits Medical Program. The Town will provide payment of medical insurance premiums equal to the cost of Kaiser North Medical Insurance Program at the employee’s level of participation (i.e., Employee Only, Employee Plus One, or Employee Plus Two or More), offered by the Public Employees' Retirement System Health Benefit Medical Program. If the employee chooses medical coverage under a program more expensive than Kaiser North, the difference will be paid by the employee through payroll deduction.

14.1.2.1 Effective January 2013, Town will pay Kaiser North based on level of participation (Employee, Employee Plus One, Employee Plus Two or More.) Town will pay the full cost of Kaiser Employee Only. For dependents, employee will contribute per pay period for the first two pay periods of each month, the following: $20/per pay period for Employee Plus One; $50/per pay period for Employee Plus Two or More.

14.1.2.21 Effective January 2015, Town will pay the full cost of the employee at the level of Kaiser North Employee Only. For dependents, Town will pay 90% of the cost for dependents at the level of Kaiser North and Employee will pay 10% of the dependent cost. As such, Town will pay 90% of the difference between Kaiser North Employee Only and Kaiser level of participation (Employee Plus One or Employee Plus One/More, depending on family status.)

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Example: Employee Only Premium is $800; and Employee Plus One Premium is $1,400 Employee Plus One Premium ($1400) minus Employee Only Premium ($800) = $600 Town pays 90% of $600=$540 Employee pays 10% of $600=$60

14.1.3 Vision The Town shall pay for employee-only coverage under the Town’s Vision Service Plan (VSP). Employees may enroll eligible dependents at their own cost.

14.2 Cash Allocation Program Employees participating in the Cash Allocation Program must either purchase coverage under the Public Employees’ Retirement System Health Benefits Medical Program or must show proof of other medical coverage. The Town contribution to the Cash Allocation program will be equal to Four Hundred Twenty Dollars ($420) per month. Benefits which can be purchased by the cash allocation plan include medical insurance and dental insurance. These benefits are available on a pre-tax basis. Employees may also choose to receive part or all of their cash allocation plan in cash after showing proof of alternative medical coverage, unless this provision affects the Town’s affordability requirement under the ACA. Any amount received in cash is taxable. Employees choosing to receive taxable cash will have the option of receiving it in two equal amounts in December and June, or the first two paychecks of each month (24 times a year). Employees choosing to use cash allocation plan funds for medical insurance must pay all medical premiums from the allocation prior to receiving a cash allocation.

14.3 ACA Reopener The union agrees at the Town’s request, to meet and confer on any changes that are within the mandatory scope of bargaining related to the Town’s sponsored Family Medical Insurance and Cash Allocation Plan that may be related to the compliance and implementation of the Affordable Care Act (ACA).

14.34 Supplemental Health and Welfare Benefits

14.34.1 Life Insurance Coverage of $50,000 plus $50,000 accidental death: Town to pay for premium. Additional life insurance may be purchased by the employee equal to once or twice the employee's base salary, not to exceed $200,000.

14.34.2 Disability Insurance Short Term Disability Policy effective 8th calendar day; coverage of 60% of weekly earnings up to maximum of $1,300 per week for 12 weeks. Long Term Disability benefits begin on the 91st day of disability; coverage of 60% of monthly earnings up to a maximum of $6,000/month.

14.34.3 Employee Assistance Program Premiums shall be paid by the Town.

14.34.4 Unemployment Insurance The Town will provide State-mandated benefits as required by law.

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Section 15. Workers’ Compensation The Town and Union agree that employees who sustain illness or injury arising out of and in the course of their Town employment shall receive benefits equal to those mandated by the State of California, and the California Labor Code plus the difference between State mandated benefits and the individual's regular salary, if any, paid by the Town and charged to the employee's accrued sick leave balance. If sick leave is not available, other accrued leave balances shall be charged. If an employee does not have accrued leave balances, the employee shall receive only the State-mandated benefits. Pursuant to the Town disability insurance policy, employees shall receive the short term disability insurance effective the 8th day of disability and the long term disability insurance effective the 91st day of disability. The policies and procedures affecting the use of workers compensation will be developed and administered by the Town Personnel Officer in accordance with State law. There is a three day (calendar) waiting period to receive benefits, unless the employee is hospitalized or out for more than two weeks. In the event of a non-hospitalized on-the-job injury verified as such and eligible for worker's compensation disability payments, the Town will compensate employees for the first three day waiting period.

Section 16. Deferred Compensation The Town shall continue to make a Deferred Compensation program available to employees. The Town makes no representation on the merit of the plan or any of the investment products or instruments which may be offered by the plan. The responsibility for evaluating the investment options within the plan is the responsibility of the individual participant. The Town shall not be obligated to offer more than one Deferred Compensation carrier.

Section 17. Uniforms Uniforms shall be provided to employees at the expense of the Town and shall be required to be worn during working hours. Employees are to report to work in uniforms that are neat, clean, and in good repair. In the event an employee’s uniform is damaged or worn as determined by the supervisor, the item may be replaced in advance of the annual schedule.

17.1 Uniform Items for All Employees On an annual basis, the Town will supply seven (7) shirts, one standard jacket, one pair of rain pants, one pair of rain boots and one cold-weather jacket. Uniform items will be provided annually by November 1. Employees shall be responsible to launder uniform items.

17.1.1 Optional Shorts Upon employee request and supervisor approval, the Town will furnish up to (2) pairs of shorts per year. Employees are permitted to wear shorts only when shorts do not pose a safety hazard. The supervisor has the authority to determine when shorts are acceptable.

17.1.2 Optional Weather-Protective Headwear Upon request by the employee, the Town will supply up to two (2) approved caps or hats per year. No other type of headwear is permitted to be worn during work hours.

17.2 Uniform Items for Mechanics In addition to the items listed above, the Town will provide coveralls that will be laundered by the Town.

Section 18. Safety Equipment The Town shall retain the right to establish minimum safety and quality standards for safety equipment, clothing and steel-toed safety shoes to be used while performing assigned tasks. If an employee is at work without the required clothing or safety equipment, that employee will not be paid until s/he is at the worksite with the required clothing and safety equipment.

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18.1 Steel-toed Safety Shoes On an annual basis, the Town will provide one pair of steel-toed safety shoes per employee. The steel-toed safety shoes must be worn at all times except for classroom training or administrative assignments. In the event an employee’s safety shoes are damaged, worn, or unsafe as determined by the supervisor, the shoes may be replaced in advance of the annual schedule. The not-to-exceed amount will be $200 for AFSCME employees. In addition to this amount, the Town will provide up to an additional $20 for high climber boots for two (2) AFSCME employees as assigned by the Department Director. If the safety shoe selected by the employee is less than the amount provided by the Town, the employee may apply the difference toward shoelaces, socks or other safety-shoe related accessories at the time of purchase.

Section 19. Mileage Employees using personal vehicles on official Town business shall be reimbursed at the mileage rate established by the I.R.S. Private vehicles used for Town business shall comply with the California Vehicle Code.

Section 20. Work Schedule

20.1 Standard Work Day The standard workday shall be 8.5 consecutive hours including a 15-minute morning and a 15-minute afternoon work break, and a forty (40) minute lunch break, which shall include any wash-up time. The standard workday shall begin at 7:00 AM and end at 3:30 PM, the last ten (10) minutes of which shall be available for wash-up time. Minimum seventy-two (72) hours’ notice will be provided by the Town for non-emergency changes in schedule.

20.2 Use of Town Vehicle An employee whose lunch or break period begins at a work location other than the Corporation Yard may use the job site Town vehicle to go to lunch or obtain food. Travel time in connection with this privilege shall not extend the lunch period beyond the forty (40) minutes including wash-up time, nor extend the break period beyond fifteen (15) minutes.

20.3 Early Start Pay Non-overtime work begun prior to 7:00 AM shall receive additional compensation of 5% above the employee’s base hourly rate for the entire shift. The Early Start premium will not apply if the employee’s start time is adjusted at the request of the employee under a flexible work arrangement authorized by the department.

20.4 Special Events As related to work during special events, the Town will prepare a list of special events annually to be updated monthly as information becomes available. In making assignments to work, volunteers will be used first. In the absence of volunteers, assignments to work can be made on a reverse seniority basis. The list shall rotate.

20.5 Work Week The Town has no intention of changing existing work weeks at the present time. The Town’s decision to change existing work weeks will involve but not be limited to the following considerations: (a) Failure to meet the performance objectives of the work unit. (b) Change in service level. Prior to a change in work week (except in the event of an emergency) the Town will give a minimum two weeks’ notice to affected employees. Further, the Town agrees to meet in good faith to attempt to resolve any hardships caused by a change in work week. 202

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20.6 4-10 Schedule for Vehicle Maintenance Shop The Town agrees to maintain a 4/10 (4 day per week/10 hours per day) plan for the vehicle maintenance shop as long as Monday and Friday in each workweek can be covered by a mechanic. In addition, this program shall be evaluated quarterly to determine if productivity and coverage meet the Town's repair needs. This will determine if the program will continue.

20.7 Work Schedule and Holidays Represented employees are entitled to eight (8) hours of paid time off in observation of the holidays listed in Section 29.

20.7.1 Hours Worked on an Observed Holiday Employees assigned to work on an observed holiday shall be paid time-and-a-half for hours worked.

20.7.2 Hours Worked on the Actual Holiday Employees assigned to work on an actual holiday that is different than the observed holiday shall be paid double time for the hours worked.

20.8 Flex Schedule As an alternative to the normal schedule described in the above section, employees may be granted the option to participate in a Flex Schedule under the following terms and conditions: The Department Director, with the approval of the Town Manager, has the exclusive authority to approve an employee’s request for a flex schedule. The decision to implement or terminate a flex schedule is final and is not subject to meet and confer or any grievance procedure. Participating employees will be provided notification at least one (1) full pay period prior to termination of a flex schedule. Employees on a flex schedule will receive no more than eight (8) hours on a paid holiday and will be required to use other accrued leaves or to re-arrange their schedule to maintain an 80-hour pay period.

Section 21. Overtime

21.1 Scheduling All overtime will be scheduled pursuant to the needs of the Town. Overtime shall be scheduled provided the individual is capable of performing the assignment. In the absence of volunteers, the Town shall assign overtime in rotation based on reverse seniority. Seniority for the purpose of this section is defined by total continuous service to the Town.

21.1.1 Overtime for work in progress shall be assigned to the employees responsible for the assignment.

21.1.2 Overtime for special events shall be offered on a rotational basis in accordance with seniority.

21.2 Compensation Overtime shall be compensated at the rate of time and one-half based upon either hours in excess of eight (8) per day or hours in excess of forty (40) per week. Overtime work shall accumulate or be paid off at the employee's option subject to the scheduling needs of the Town. If an employee elects to receive compensatory time off in lieu of overtime pay, for each hour of overtime work they will receive one and one-half hour of compensatory time credit.

21.3 Compensatory Time Use of compensatory time will be at the Town's discretion based on scheduling needs. The Town shall, to the best of its ability and subject to scheduling needs of the Town, make every effort to accommodate employee requests for compensatory time off. The maximum accrued compensatory time accumulation shall be eighty (80) hours.

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Section 22. Call Back Call back is defined as Town required return to work after an employee has completed his/her normal work shift and before his/her next scheduled normal workday. An employee notified of overtime that is not contiguous to his/her shift less than 72 hours in advance will be paid at the call back rate. An employee called back to work shall be reimbursed for mileage.

22.1 For an employee on standby: Minimum call-back shall be three (3) hours at the overtime rate with such three-hour period defined beginning with the time of the initial call and concluding thirty (30) minutes after the employee calls in to the Police Department dispatcher that the assignment has been completed.

22.2 For an employee not on standby: Minimum call-back shall be four (4) hours at the overtime rate with such three-hour period defined beginning with the time of the initial call and concluding thirty (30) minutes after the employee calls in to the Police Department dispatcher that the assignment has been completed.

22.3 A subsequent call-back shall be considered to be within the initial call-back if the employee is notified within the original three-hour period. If two hours and forty-five minutes of the original three-hour period expires before the employee is notified, then a new three-hour minimum shall go into effect. This section also applies to employees on stand-by duty as provided in Sec. 23.

22.4 When additional assistance is needed on a call-back event, supervisor approval is required to call back in more than one additional employee.

Section 23. Standby

23.1 Assignment and Scheduling The Union recognizes the Town right to schedule standby assignments for employees at Town discretion. Standby assignments shall be made in order to provide services outside the regular work schedule. Standby shall be assigned for the months of November through March, with additional standby periods to be determined on an as-needed basis at the discretion of the Department Director. Standby assignments shall be scheduled on a volunteer basis, using a list of all employees and offered by rotation based on seniority. Each rotation will last for seven (7) days. Seniority for the purpose of this section is defined as total continuous service to the Town. In the absence of volunteers, the Town shall schedule standby. To the best of its ability, the Town shall schedule standby assignments as far in advance as possible. The Union recognizes the need for standby provision of services and further recognizes that employee failure to respond when assigned standby duty may be cause for disciplinary action including termination.

23.2 Compensation Standby assignments shall be compensated at the rate of four (4) hours straight time pay for every twenty-four (24) hours of assignment. Assignments of standby duty for more or less than twenty-four (24) hours shall be compensated on a pro-rated basis (4 hours for each 24 hours). Specific call out of employees on standby assignments shall be compensated at the regular overtime rate. Town shall provide a cell phone to employees on standby assignment.

23.3 Eligibility Employees who can respond within a reasonable time period (i.e., 40 minutes on average) shall be eligible for standby duty regardless of where they reside. The Department Director shall qualify employees for standby duty by ascertaining that travel to standby assignments can be accomplished safely.

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An employee who meets the above requirement, and whose work would not normally involve assignment to standby duty, may volunteer for such duty and will be assigned to the list of volunteer employees from which standby duty is assigned, at such time as he/she has received the necessary training in standby duties and skills. It is the intent of the parties that employees be notified by the Department as soon as possible after the execution of this Agreement that new volunteers will be accepted for training together with information for potential volunteers. If there are volunteers, the Labor-Management Committee shall be convened to discuss implementation of the appropriate training at the earliest practicable date.

23.4 Stand-By Training The Town will provide additional training in stand-by duties for newly hired employees during their first year of employment.

Section 24. Emergency Work If an emergency work situation (as defined by the Supervisor) does not permit an employee to take their meal period and/or breaks, the missed meal period and/or breaks will be credited as compensatory time at time-and-a-half.

Section 25. Work Furlough Program

25.1 Town Participation AFSCME recognizes the right of the Town to participate in the Work Furlough Program coordinated by the County of Santa Clara. The purpose of the program is to provide public service for local government through a sentencing alternative program for individuals to perform clean-up and maintenance-type duties.

25.2 Responsibilities

25.2.1 A regular Town employee at the level of Maintenance Worker or higher will be responsible to conduct work related to the Work Furlough Program.

25.2.2 An hourly employee at the level of Maintenance Assistant or higher will be assigned to assist the regular Town employee as necessary, at the discretion of the Department Director or designee.

25.3 Assignment and Scheduling

25.3.1 AFSCME employees will be provided ten (10) calendar days’ notice prior to a Work Furlough Program assignment except when a fill-in is necessary due to an emergency or unusual circumstance.

25.3.2 Work Furlough Program assignments shall be first made on a voluntary basis. In the absence of volunteers, the Town will assign employees with the least seniority from employees hired on or after July 1, 2007.

25.4 Compensation Maintenance Workers will receive a 5% out-of-class premium for supervision duties when assigned to the Work Furlough Program. This premium will be applied to the entire shift and is in addition to any overtime compensation.

25.5 Evaluation Work performed by Town employees related to the Work Furlough Program is subject to inclusion in the employees’ annual review.

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25.6 Liability Town employees assigned to the Work Furlough Program are covered for liability purposes by the Town of Los Gatos while performing duties within the scope of his/her job.

Section 26. Vacation Schedule The following vacation schedule shall apply to all employees: 0 to 36 months 10 days per year - 3.08 hours per pay period 37 to 60 months 16 days per year - 4.92 hours per pay period 61 to 120 months 21 days per year - 6.46 hours per pay period 121 to 180 months 23 days per year - 7.08 hours per pay period 181 months and over 25 days per year - 7.70 hours per pay period Maximum accrual of vacation hours shall be 320 hours.

Section 27. Vacation Cash-Out Employees who terminate from Town service shall have all accrued vacation leave and compensatory time cashed out effective the last full work-day with the Town. This will terminate the employee's status as an employee of the Town. All represented employees will be eligible to cash out 100% of accrued vacation time twice per year in May and November. Such monies will be included in the first payroll check of June and December. All employees may apply vacation time cash-out to deferred compensation, so long as applicable law permits.

Section 28. Sick Leave

28.1 Accrual Rate Accumulation rate shall be eight (8) hours per month (3.70 hours per pay period). Maximum accrual of sick leave hours shall be 1200 hours.

28.2 Sick Leave and Other Accrued Leaves When an employee is absent for any of the purposes for which sick leave may be used, he/she may use other accrued leaves when sick leave has been exhausted, unless he/she has received a second consecutive written notice of counseling within an eighteen (18) month period regarding excessive or abusive use of sick leave.

28.3 Sick Leave Cash-Out Program Employees who terminate employment with the Town for any reason other than retirement may cash out their accumulated sick leave as follows: Months of Employment 1- 59 months at 25% 60 - 119 months at 37.5% 120 months or more at 50% If an employee is terminated due to a layoff, the employee shall be eligible to cash out 100% of accrued sick leave at time of layoff. In order to be eligible for the terminating sick leave cash-out program, an employee must have a sick leave accrual balance of at least 150 hours at the time of termination. Employees who terminate employment with the Town after a prolonged period of illness or injury, may apply to the Town Manager for a waiver of the 150 hours requirement. 206

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28.4 Sick Leave Conversion at Retirement to Town Trust All employees hired prior to July 1, 2007 who retire may convert 100% of their accumulated sick leave to a dollar equivalent at their hourly rate of pay at the time of retirement. Employees hired after July 1, 2007 are not eligible for this Sick Leave Conversion option under this provision. This amount shall be held in an account. The employee's portion of medical insurance premium payment will be withheld from their monthly retirement payment by PERS. The Town agrees to pay the retiree quarterly in advance on the first pay period of January, April, July, and October of each year after retirement. The first payment will be prorated to the nearest quarter. The retiree's portion of medical payments will be paid from this account by the Town until all monies are depleted from the account or the retiree dies, whichever occurs first. This account will not accrue interest and will not be paid in cash to the retiree or any beneficiaries, except that upon the death of a retiree whose sick leave account has not been exhausted, the retiree's spousal survivor shall be paid the full cash value of the remaining sick leave in the retiree's account. The retiree shall be responsible for 100% of their share of future medical insurance payments once the account is exhausted.

Section 29. Holidays The following shall be observed as paid eight (8) hour holidays for employees represented by the Union:

January 1st (New Year's Day)

3rd Monday in January (Martin Luther King's Birthday)

the 3rd Monday in February (President's Birthday)

the last Monday in May (Memorial Day)

July 4th (Independence Day)

the first Monday in September (Labor Day)

Thanksgiving Day

the Friday following Thanksgiving Day.

December 25th (Christmas Day)

four (4) hours each on December 24 and December 31.

every day declared a holiday by the President or Governor, subject to the Mayor also proclaiming the day as a holiday Holidays which fall on Saturday shall be observed on the Friday prior, and holidays which fall on Sunday shall be observed on the following Monday.

Section 30. Personal Leave The employee shall be entitled to twenty-four (24) hours per calendar year; such leave shall be non-cumulative with no cash value. Of the twenty-four (24) hours annually, the employee may take twelve (12) hours without prior notice and twelve (12) hours with prior notice. If an employee's use of Personal Leave without prior notice results in the Town having to change another employee's schedule without 72 hours' notice, the situation will be considered an emergency under Section 20 (Work Schedule) and will not result in penalty to the Town.

Section 31. Maternity Leave/Family Leave/Medical Leave The Town recognizes State and Federal law regarding Maternity Leave and Family and Medical Leave. The Town will take action to inform employees of the current provisions of laws affecting these leaves. The Town may, at its discretion, approve leave beyond the specific amount provided above.

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Section 32. Catastrophic Time Bank If an employee, spouse, or significant other, or child becomes catastrophically ill or injured, the employee may request in writing of the Town Manager that a catastrophic time bank be established. The bank will enable employees to donate accrued CTO, vacation, or sick leave to the requesting employee in accordance with Departmental policies to be developed.

Section 33. Bereavement Leave A maximum of 40 hours of bereavement leave shall be provided to each employee for a death in his/her immediate family or the immediate family of their spouse/registered domestic partner. Immediate family for the purpose of this section includes spouse/registered domestic partner, parent, grandparent, child, or sibling.

Section 34. Military Leave Military leave and benefits shall be granted in accordance with State and Federal Law, including the continuation of employee salary and benefits and employees will receive up to thirty (30) calendar days of pay.

Section 35. Personal Emergency Leave Leave will be available for employees for disasters declared by Federal, State, County, or Town officials if those disasters affect all or a portion of the Town "urban service area". Leave subject to scheduling by the Town. Employees shall be allowed to charge time off to accumulated overtime, vacation hours, and sick leave hours (in that order). In the event of a Town emergency (e.g., flood, earthquake) employees are required to remain at work until released by their Supervisor.

Section 36. Jury Duty An employee required to serve as a trial juror or an expert witness (expertise related to Town employment) shall have his/her salary and benefits continue; the employee shall turn over to the Town any compensation (other than travel related) from the courts or other source for jury duty.

Section 37. Leave Without Pay Leave without pay shall be subject to approval of the Town Manager or designee. An employee who is on leave without pay shall not earn any employment benefits (including, but not limited to such benefits as vacation sick leave, medical benefits, dental and other insurance benefits, retirement credits for time employed or seniority entitlements of any kind) for the duration of such leave. An employee who is on leave without pay will have the ability to continue medical and dental coverage at their own expense in accordance with the Town's administrative policy on benefit retention. Vacation, sick leave, or time worked shall not be used intermittently during an extended leave to interrupt a determination that an employee is on leave with no pay.

37.1 Voluntary Time Off Employee participation in this plan is contingent on the Town’s agreement and understanding that employee participation cannot be interpreted as anything other than a temporary and limited good faith effort being made by the employee to do his/her part to help ease the Town’s budget shortfall. This is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not become harmed by such a plan becoming mandatory. Employees may request voluntary unpaid time off under the following circumstances:

A. No impact on accrual of paid leave, seniority, and completion of probation. B. No impact on benefit eligibility and Town contributions. C. Employees may cancel participation in the program at any time.

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Section 38. Accrual of Benefits There shall be no accrual of benefits during unauthorized leave, suspension, or leave without pay.

Section 39. Notice of Vacancies Town job vacancies shall be posted on the Corporation Yard Bulletin Board for the duration of the recruitment period.

Section 40. Promotions Subject to the needs of the Town, promotional examinations shall be used whenever possible to fill vacancies in the Town service. Employees promoted to higher paying classifications shall receive a minimum five (5%) percent increase in salary or an amount which shall not exceed the highest step in the range of the higher classification.

Section 41. Probationary Period The probationary period shall be twelve (12) months for all newly hired employees and six (6) months for employees receiving promotions. If at the end of a six month probationary period a promoted employee who has been routinely evaluated, trained and counseled is not meeting required performance standards, then the Town may extend the probationary period in three month increments, for a total maximum probationary period of 12 months. An employee who is rejected during a promotional probation period, shall have the right to return to his/her former classification, and the same right shall apply to an employee who is displaced as a result of such return, provided, however, that no such right shall apply - and no additional right shall be conferred hereby - to an employee who is serving his/her initial probationary period with the Town unit.

Section 42. Outside Employment No full-time paid employee in the classified service shall hold any job other than employment by the Town without the written recommendation of his/her department manager and the written approval of the Town Manager. A copy of such approval shall be filed with the Personnel Officer. No employee, whether in the classified service or not, shall engage in other employment or activity which in any way involves a conflict with the interests of the Town or his/her responsibilities or duties as an employee. Outside employment shall be reviewed and re-approved by the Department Director and Town Manager on a yearly basis.

Section 43. Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. An employee whose absence is not authorized will not receive pay or benefits for the absent period and shall be subject to discipline. Failure on the part of an employee absent without leave to return to duty shall be grounds for discharge. It shall be the responsibility of an employee absent without leave to notify the Department Director of the reason the employee is absent and of the employee's availability for duty.

Section 44. Personnel Files Employees shall have the right to review materials in their individual personnel files in accordance with State law. 209

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Section 45. Performance Evaluations

45.1 Evaluations Performance evaluations shall take place at least every three (3) months for all probationary employees and shall take place at least annually thereafter on the anniversary of an employee's employment with the Town. Employees eligible for step increases shall receive their performance evaluation no later than fifteen (15) days prior to their employment anniversary date. Employee evaluation forms shall include a section with a box to be checked indicating whether an employee agrees or disagrees with his/her evaluation. Employees granted step increases shall receive those increases effective the closest pay period in which they are eligible. All performance evaluations shall be discussed with the employee prior to the evaluation being completed. Employees shall sign their individual performance evaluations as evidence of discussion having taken place; employee signature does not necessarily imply agreement with the evaluation. An employee may attach separate written comments to his/her evaluation. Performance evaluations shall be conducted annually from the employee's (1) date of hire, (2) date of last merit increase, or (3) date the employee entered his/her classification. The classification date shall supersede the hire date, and the date of the last merit increase shall supersede both the hire date and the classification date. Performance evaluations shall be completed by an employee's immediate supervisor (i.e., PW Maintenance Supervisor or Parks Maintenance Supervisor). Written comments made by any other supervisor, superintendent or management personnel shall not change the numerical rating of the immediate supervisor. The Town agrees to provide employees with a copy of both the initial and final versions of their quarterly and annual performance evaluations. Sick leave usage shall not be directly evaluated on the performance evaluation. Performance categories that are affected by excessive or abusive use of sick leave shall be evaluated.

45.2 Counseling In the event that a worker's performance or conduct appears to be unsatisfactory or needing improvement, informal verbal or written counseling shall be provided by the workers immediate supervisor. Counseling should be separate from ongoing work site dialogue and should address performance or conduct which, if not improved, may eventually result in a negative evaluation or disciplinary action. Documentation of such counseling shall be given to the worker at the time of the counseling and will not be placed in a workers personnel file. When the situation allows counseling, counseling shall be used prior to any unfavorable reports being issued. Counseling should normally take place between the worker and the immediate supervisor.

45.3 Unfavorable Reports On Performance Or Conduct If upon such counseling a worker's performance or conduct does not improve and a negative evaluation or disciplinary action could result, the supervisor shall prepare a written report that includes specific suggestions for corrective action, if appropriate. A copy shall be given to the worker and a copy filed in his/her personnel file. Workers shall have the right to attach a written rebuttal to the report for inclusion in their personnel file.

Section 46. Seniority Unpaid leaves of absence and breaks in continuous service shall not be credited to employee seniority. Seniority will be a factor in determining vacation use. The Town shall establish a rule of ten promotional system and shall grant employees one point for each year of Town service up to a maximum of ten points when employees apply for promotional positions.

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Section 47. Layoff Policy

47.1 Definitions As used in this Section, the following words and phrases shall be defined as follows:

47.1.1 Service Seniority shall be defined as the length of time an employee has served as a regular employee of the Town. Service seniority shall not be earned for standby duty, overtime work, during periods of suspension without pay as a result of disciplinary action, or for non-medical leave without pay. Service Seniority for unpaid military leave will be considered in the manner prescribed by State and Federal law.

47.1.2 Classification Seniority shall be defined as the length of time the employee has served as a regular employee in a classification including anytime spent in a higher classification. A higher classification shall mean a job classification with a higher salary range.

47.1.3 A lower class shall mean a job classification with a lower salary range.

47.2 Order of Layoff When one or more employees in the same class are to be laid off for lack of work, purposes of economy, curtailment of positions or other reason, the order of layoff shall be as follows: (1) Temporary employees in the order to be determined by the appointing authority. (2) Probationary employees in the order to be determined by the appointing authority. (3) Permanent employees in inverse order of classification seniority.

47.3 Notice of Layoff Employees subject to the provisions of this Section shall be given a minimum 30 calendar day notice in writing prior to the effective date of layoff. The Union shall receive concurrent notice, and upon written request within seven calendar days after the notice is given shall be afforded an opportunity to meet with the appropriate Town representatives to discuss the circumstances necessitating the layoff and any proposed alternatives to such layoff. Notwithstanding the effort to work cooperatively, the Town has the exclusive right to determine the methods, means, numbers and kinds of personnel by which by services are to be provided. The Town’s decision to make a reduction in force or layoff an employee(s) is not subject to the duty to meet and confer.

47.4 Reassignment in Lieu of Layoff In the event of layoff, any employee so affected may elect to: (1) Accept a position in a lower class in which the employee has attained permanent status, provided the employee is

otherwise qualified and has more service senior than other employee(s) in such lower class. (2) Accept a vacant position in a lower class for which the employee has the necessary education, experience, and training as

determined by the Director of Human Resources or designee. (3) Any employee entitled to the options noted above, which involve assignment to a lower classification, may elect to be

placed on layoff in lieu of accepting such assignment to the lower class. In the event the employee elects to be placed on layoff, such employee will only be recalled to the classification from which the employee elected to be placed on layoff.

Section 48. Layoff Reinstatement

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48.1 The names of such persons who are laid off or who elect reassignment in lieu of layoff in accordance with the provisions of Section 47 of this Memorandum of Understanding shall be placed upon a Reinstatement Eligible List in inverse order of Service Seniority, i.e., the person with the greatest Service Seniority on the Reinstatement Eligible List for the classes affected shall be offered reinstatement when a vacancy exists in the affected class. Prior to reinstatement, an employee shall be required to meet the qualifications of the positions to which he/she is reinstated.

48.2 In the event an employee accepts reinstatement to a lower class to which the employee is entitled, such person’s name shall remain on the Reinstatement Eligible List for reinstatement to higher class, provided such a person, except for lack of seniority, would have been otherwise entitled to such higher class at the time of the most recent layoff.

48.3 Any person who is reinstated to a class which is the highest class to which they would have been entitled at the time of the layoff shall have the employee’s name removed from the Reinstatement Eligible List.

48.4 In the event a laid off employee cannot be contacted by the Town through usual and customary channels within 10 working days, such person’s name shall be removed from the Reinstatement List, providing, however, that such person within the twenty-four month period specified herein may request that his/her name be returned to the Reinstatement Eligible List and such person’s name may the at sole discretion of the Personnel Officer, or designee, be returned to the Reinstatement Eligible List. In this case, the decision of the Personnel Officer or designee shall be final and not subject to any grievance procedure contained herein.

48.5 In no event shall the names of any person laid off pursuant to the provisions of this Section remain on Reinstatement Eligible List for a period longer than twenty-four months from the effective date of such person’s most recent layoff.

48.6 Upon reinstatement to any classification to which the employee is entitled pursuant to the provision of this Section, all benefits acquired by the employee prior to layoff shall also be reinstated. An employee shall not receive credit for time spent on layoff in computing time for any benefit entitlement.

48.7 A laid-off employee shall lose their reinstatement rights for:(1) failure to return to work within 30 days of notice of reinstatement; (2) retirement; and (3) termination for cause.

48.8 Laid-off/displaced employees shall be paid accrued leaves and related benefits in accordance with this Memorandum of Understanding and applicable Town policies and rules. Employees being re-employed who received a sick leave pay off at the time of layoff/displacement, shall have the uncompensated portion of their sick leave balance restored; provided, however, that only those sick leave hours accrued after re-employment shall be applied to sick leave payoff or retiree medical related to a subsequent termination.

Section 49. Contracting Out No bargaining unit employees shall be laid off as a result of the Town entering into a contract with any outside party.

Section 50. Safety Committee Union shall encourage its member’s participation in the Town-wide Safety Committee.

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Section 51. Safety The Town shall continue to comply with all applicable State rules and regulations relative to safety. The Town and Union agree to maintain a joint committee to investigate and make recommendations on safety issues identified by the Union and the Town.

Section 52. Physical Examinations and Tests The Town agrees to provide full cost reimbursement for physical examinations and job-related tests that may be required of employees as a condition of continued employment with the Town.

Section 53. Grievance Procedure Grievances shall be defined as alleged violations of this agreement or disputes regarding interpretations, application, or enforcement of this agreement or Town ordinances, resolutions, and written policies related to personnel policies and working conditions. Grievances shall not include disagreements, disputes, or activities regarding or pertaining to examinations for employment or promotion, disciplinary action, performance evaluations, probationary terminations and items subject to meet and confer. (Nothing in these definitions shall be construed to limit "permanent" employees from appealing decisions affecting their employment to the Town Personnel Board.) No act or activity which may be grievable may be considered for resolution unless a grievance is filed in accordance with the procedure contained herein within thirty (30) calendar days of the date the grievable activity occurred or the date the employee could reasonably have known such activity occurred. This statute of limitations shall not apply to probationary employees. The parties agree that all grievances will be processed in accordance with the following procedure:

Step 1 Any employee who has a grievance shall first try to get it settled through discussion with his/her immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution at the lowest possible level of supervision. If after such discussion the employee does not believe the grievance has been satisfactorily resolved, he/she may file a formal appeal in writing to his/her Department Director within ten (10) calendar days after receiving the informal decision of his/her immediate supervisor.

Step 2 The Department Director receiving the formal appeal shall render his/her written decision within ten (10) calendar days after receiving the appeal. If after receipt of the written decision of the Department Director the employee is still dissatisfied, he/she may appeal the decision of the Department Director to the Town Manager. Such appeal shall be made by filing a written appeal to the Town Manager within five (5) days after receipt of the written decision of the Department Director. The Town Manager shall review the decision of the Department Director, and his/her decision, which shall be rendered within twenty (20) working days after the appeal is made, shall be final unless appealed to the Personnel Board by either the employee or the Department Director.

Step 3 The appealing party may file a written appeal of the decision, findings and conclusions of the Town Manager to the Personnel Board within ten (10) working days of the Town Manager’s decision. Within sixty (60) calendar days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager and the appeal filed. The Personnel Board may ratify, modify or reverse the Town Manager’s decision. The decision of the Personnel Board shall be final. The time limitations for filing and responding to grievances may be waived or extended by mutual agreement of the parties. If either party to the grievance so requests, an informal hearing shall be conducted at the Department Director or Town Manager appeal levels. Employees may be represented by counsel, Union representative, Union steward or other person at any stage in the grievance process

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Section 54. Disciplinary Procedure

54.1 Suspension Suspension shall be a temporary separation form Town service without pay for disciplinary purposes. The Department Director, with notice to the Personnel Officer, may suspend an employee without pay for disciplinary purposes.

54.2 Reduction in Pay Reduction in pay shall be a decrease in salary to a lower step within the salary range for disciplinary purposes Reduction in pay is a decrease in compensation paid to an employee for a fixed period of time for disciplinary purposes The Department Director, with notice to the Personnel Officer, may impose a reduction in pay to an employee for disciplinary purposes.

54.3 Demotion The Department Director, with notice to the Personnel Officer, may demote an employee whose performance of his/her required duties is below standard, or for other disciplinary purposes. Demotion may be made to vacant position, if approved by the Personnel Officer, in lieu of layoff. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. Written notice of the demotion shall be given by the Department Director to the employee before or within (3) days after the effective date of the demotion, and a copy filled with the Personnel Officer within the same period.

54.4 Termination The Department Director, with notice to the Personnel Officer, may terminate an employee whose performance of his/her required duties is below standard, or for other disciplinary purposes, written notice of the termination shall be given by the Department Director to the employee before ten (10) days of the effective date of the termination, and a copy filed with the Personnel Officer within the same period.

54.5 Grounds for Discipline The Town’s standards of conduct are established for the guidance of all employees. These standards are only a partial list of unacceptable behaviors and conduct and are not he exclusive grounds for discipline. 1. Fraud in securing employment or making a false statement on an application for employment. 2. Incompetency, i.e. inability to comply with the minimum standard of an employee’s position for a significant period of time. 3. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. 4. Willful disobedience and insubordination, a willful failure to submit to duly appointed and acting supervision or to conform

to duly established orders or directions of persons in a supervisory position. 5. Dishonesty, involving employment. 6. Being under the influence of alcohol or dangerous drugs or narcotics while on duty. 7. Excessive absenteeism. 8. In excusable absence without leave. 9. Abuse of sick leave, i.e., taking sick leave without a doctor’s certificate when one is required, or misuse of sick leave. 10. The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute grounds for dismissal of any

employee. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The Personnel Officer may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline, or the determination if such conviction is an offense involving moral turpitude. A pleas or verdict of guilty, of a conviction showing a plea of nolo contendere made to charge a felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning of this Section. The Personnel Officer may suspend or dismiss said employee when the time for appeal has elapsed or the judgment of the conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code of the State of California allowing such person to withdraw his plea of guilty and enter a plea of not guilty, or setting side a verdict of guilty, or dismissing the accusation or indictment.

11. Discourteous treatment of the public or other employees. 12. Improper or unauthorized use of agency property. 13. Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment. 214

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14. Any willful act of conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the agency, the employee’s department of division.

15. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of agency property. 16. Violation of the rules and regulations published by the employee’s department. 17. Outside employment not specifically authorized by the appointing authority in accordance with Town procedures. 18. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an

employee for the performance of his or her official duties in accordance with policy on Gifts, “Gratuities Or Rewards”. 19. The refusal of any officer or employee of the agency to testify under oath before any Grand Jury having jurisdiction over

any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee.

20. Willful violation of any of the provisions of the ordinances, resolutions or any rules, regulations or policies which may be prescribed by the agency.

21. Improper political activity. Example: Those campaigning for or espousing the election or non-election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or in an agency uniform on or off duty; or the dissemination of political material of any kind while on duty and/or working hours or in uniform.

54.6 Procedures for Taking Disciplinary Action Disciplinary action shall be taken in compliance with the following procedures:

54.6.1 Notice of Intent Whenever the Department Director intends to suspend an employee, demote the employee, reduce the employee in pay of dismiss the employee, the Department Director shall give the employee a written notice of discipline which sets forth the following: a. The disciplinary action intended; b. The specific charges upon which the action is based; c. A factual summary of the grounds upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the discipline is based; e. Notice of the employee’s right to respond to the charges either orally or in writing to the appropriate authority; f. The date, time and person before whom the employee may respond in no less than (3) working days; g. Notice that failure to respond at the time specified shall constitute a waiver of right to respond prior to final discipline being

imposed.

54.6.2 Response by Employee The employee shall have the right to respond to the Department Director orally or in writing. The employee shall have a right to be represented at any meeting set by the appropriate authority to hear the employee’s response. Such meeting will only be permitted once and continued for no more than two days. In cases of suspensions for three (3) days or more, demotions, reductions in pay or dismissal the employee’s response will be considered before final action is taken.

54.6.3 Final Notice After the response or the expiration of the employee’s time to respond to the notice of intent, the appropriate authority shall: (1) dismiss the notice of intent and take no disciplinary action against the employee or (2) modify the intended disciplinary action or (3) prepare and serve upon the employee a final notice of disciplinary action. The final notice of disciplinary action shall include the following: a. The disciplinary action taken; b. The effect of the disciplinary action taken; c. Specific charges upon which the action is based; d. A factual summary of the grounds upon which the charges are based; e. The written materials, reports and documents upon which the disciplinary action is based; f. The employee’s right to appeal if any.

54.6.4 Termination The Department Director, with permission from the Personnel Officer, may terminate an employee immediately if it is found that the employee is guilty of gross misconduct.

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54.7 Disciplinary Appeals Hearing Procedure The appeal procedure described herein shall apply only to cases of disciplinary suspensions, reductions-in pay, demotions and dismissals affecting regular part-time and fill-time classified service employees. 1. Following a review of the proposed disciplinary action, the Personnel Officer, shall serve on the employee affected, by

registered mail or personal delivery, a statement signed by the Department Head indicating the Department Head’s decision. This statement shall clearly inform the employee of the grounds for the decision and the acts or omissions which support the grounds. The statement shall further notify the employee that he or she has the right within five (5) working days after receipt of this notice, to request a hearing on the charges by filing the request with the Personnel Officer.

2. If, within the five-day (5) appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Head shall be considered conclusive and shall take effect as prescribed.

3. If, within the five-day (5) appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Personnel Officer, the Personnel Officer shall submit the appeal to the Town Manager.

4. A time for an appeal hearing shall be established which shall not be less than twenty (20) working days, from the date of the filing of the appeal. All interest parties hall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing.

5. All hearings shall be private; provided, however, that the appellant may request a hearing open to the public. Any request for an open hearing shall be submitted (5) days prior to the hearing date or the hearing will be closed.

6. Five (5) working days prior to the date set for the hearing each party shall serve upon the other party and submit to the Town Manager list of all witnesses and all exhibits to the Personnel Officer.

7. The employer’s exhibits shall be designated by number. The employee or association exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could no reasonably have anticipated the prior need for such witness or exhibit.

8. The hearing will not be conducted in accordance with technical rules related to evidence and witnesses but hearings hall be conducted in a manner most conducive to determination of the truth. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explain any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over the objection in civil actions. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the Town Manager shall not be invalidated by any informality in the proceedings.

9. The Town Manager shall rule on the admission or exclusion of evidence. 10. Each party shall have these rights: To be represented by legal counsel or other person of his or her choice; to call and

examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her. If the employee does not testify in his or her own behalf, he/she may be called and examined as if under cross-examination.

11. Oral evidence shall be taken only on oath or affirmation. 12. The hearing shall proceed in the following order, unless the Town Manager for special reason, otherwise directs: 13. The party imposing discipline shall be permitted to make an opening statement. 14. The appealing party shall be permitted to make an opening statement. 15. The party imposing disciplinary action shall produce the evidence on his or her part. 16. The party appealing from such disciplinary action may then open his or her defense and offer his or her evidence in support

thereof. 17. The parties may then, in order, respectively offer rebutting evidence only, unless the Town Manager for good reason,

permits them to offer evidence upon their original case. 18. Arguments shall be permitted in discretion of the Town Manager. The party with the burden of proof shall have the right to

close the hearing by making the last argument. 19. The Town Manager shall determine relevancy, weight, and credibility of testimony and evidence, and shall base its findings

on the preponderance of evidence. 20. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon

motion of either party. 21. No still photographs, moving pictures, or television pictures hall be taken in the hearing chamber during a hearing.

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22. The Town Manager, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to his/her reaching a fair and proper decision.

23. The Town Manager shall render his/her findings and decision as soon after the conclusion of the hearing as possible, and in no event, later than ten (10) working days after conducting the hearing unless otherwise stipulated by the parties. The Town Manager’s decision shall set forth the recommendations as to each of the charges and the reasons therefore.

24. The Town Manager may recommend the sustaining or rejecting of any or all of the charges filed against the employee. The Town Manager may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee.

25. The decision of the Town Manager is final unless appealed to the Personnel Board. The proposed decision shall be filled with the charged employee and the Department Head, and shall set forth the recommended effective date the employee is to be reinstated, which may be any time on or after the date the disciplinary action went into effect.

26. Either the appealing party or the Department Head may file a written appeal to the proposed decision, findings, and conclusions of the Town Manager within ten (10) working days of the Town Manager’s decision.

27. The party desiring to contest the decision of the Town Manager may request a transcript for review by the Personnel Board within ten (10) working days of the Town Manager’s decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript.

28. Within ten (10) working days of the filing of the appeal, the Personnel Board shall review the decision of the Town Manager, the appeal filed and the record. The Personnel Board shall review the decision of the Town Manager, the appeal filed and the record. The Personnel Board may ratify, modify or reverse the Town Manager’s decision; the Personnel Board shall fist obtain a transcript of the hearing. The decision of the Personnel Board shall be final.

Section 55. Unpaid Furloughs AFSCME understands that the Town Manager has the unilateral authority to implement unpaid furloughs. Time will be tracked on timesheets and monitored to ensure that all employees meet the unpaid furlough requirement.

55.1 Town-wide Closures: The Town Manager will close Town services on designated days for which employees will take unpaid time. The closure schedule will be published for employees and the public in advance. In the event that the Town requires an employee to work on a designated furlough day, the employee shall not be furloughed on that day but shall take an unpaid furlough day on a date mutually agreeable to the employee and his or her supervisor. Rescheduled furlough days must be pre-approved by a supervisor in advance and in accordance with standard operating and staffing requirements.

55.1.1 Rolling Furloughs: As an alternative to taking unpaid furlough on a Town-wide Closure day, employees may request to schedule unpaid furlough on a regularly scheduled workday. The request is subject to supervisory approval and subject to meeting operational needs. Furlough hours may be scheduled as a minimum of four (4) hours.

55.2 Supervisory Authority: The parties recognize the supervisor’s authority to approve or deny paid or unpaid time off based upon the operational needs of the department. Time off will be granted in a manner that minimizes operational hardship.

55.3 Incomplete Furloughs: If an employee does not complete their unpaid furloughs by the last pay period of the fiscal year, the employee’s accrued vacation hours will be forfeited for the balance of the unpaid furlough. The parties understand that furlough hours have no cash value.

55.4 Effect on Paychecks: To minimize fluctuations in paychecks, the furlough pay reduction will be taken in equal increments over the fiscal year, regardless of when the actual furlough day is taken.

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55.5 No Limitation: The parties understand that paragraphs in this section are intended to provide a structure for the use of furlough hours identified in this fiscal year and are not intended to limit the Town Manager’s authority to implement unpaid furloughs in any other fiscal year.

55.6 The unpaid furlough for FY2013/14 (originally budgeted at 40 hours) is rescinded and furlough deductions were stopped effective November 24, 2013. No further deductions will be made for FY 2013/14 and employees will be reimbursed 16 hours already deducted from paychecks. Employees have the option to be paid the 16 hours of reimbursement in cash or to convert the hours to personal leave to be used during the year-end holiday closure. Employees will also receive a one-time bonus of 8 hours (prorated for part-time employees) of paid leave for the unpaid furlough closure that had been implemented on Veteran’s Day 2013. However if employees worked on Veteran’s Day 2013, then the time shall be applied to their personal leave balance for FY 2013/14.

Section 56. Closure Days with Paid Leave Allowed AFSCME understands that the Town Manager, for budgetary constraints or for operational efficiency, may close all nonessential services and permit employees to use paid leaves. For example, the Town Manager may institute the closure of nonessential services between the Christmas and New Years’ holidays. Where not in conflict with the provisions of Section 54 (Unpaid Furloughs), in regard to these closure days:

56. 1 Employees performing essential services and scheduled to work on the Closure Days will receive straight-time pay for hours worked, unless the hours worked represent overtime (more than forty [40] hours per week).

56.2 At their election, employees who are not scheduled to work may utilize accrued paid vacation, compensatory time off, or personal leave to cover the furlough hours. Leave must be requested in the manner provided in the MOU. Employees who use paid leave will accrue sick leave, vacation and CalPERS credit while on leave.

56.3 While employees have the option to utilize paid vacation, compensatory time off, or personal leave, they are also permitted to take leave without pay (LWOP). Employees who take LWOP will maintain their health, life and disability insurance, as well as any medical cash allocations. Employees who utilize LWOP will not accrue sick leave, vacation or CalPERS credit while on LWOP.

56.4 If an employee requests to work during the closure days due to hardship (e.g., the employee is out of leave and is financially unable to take time without pay), the Department Director will first try to assign the employee in their own department. If a suitable assignment is not available in the employee’s own department, the Town Manager maintains the management right to place the employee in an alternative assignment for the furlough period.

56.5 The Town Manager maintains the management right to determine essential and nonessential services.

Section 57. Comprehensiveness of Agreement Town and Union agree that this agreement represents all salary, wages, and fringe benefits subject to negotiation and available to employees.

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AFSCME MOU Exhibit A

For Fiscal Year 2013/14 – 0% (Last Increase Effective September 1, 2011)

Classification Title STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

Equipment Mechanic $29.34 $20.80 $32.34 $33.96 $35.66 $37.40

Facility Technician $27.94 $29.34 $30.80 $32.34 $33.96 $35.66

Lead Parks & Maintenance Worker $30.72 $32.25 $33.86 $35.56 $37.34 $39.20

Parks & Maintenance Worker $24.71 $25.95 $27.24 $28.61 $30.04 $31.54

Parks & Maintenance Worker/Tree Trimmer $25.95 $27.25 $28.60 $30.04 $31.54 $33.12

Parks & Maintenance Worker Trainee $20.18 $21.19 $22.25 $23.37 $24.53 $25.76

Senior Parks & Maintenance Worker $27.92 $29.32 $30.79 $32.32 $33.94 $35.64

Town Arborist $29.34 $30.80 $32.34 $33.96 $35.66 $37.44

For Fiscal Year 2014/15 – 2% Increase Effective July 1, 2014

Classification Title STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

Equipment Mechanic $29.93 $31.42 $32.99 $34.64 $36.37 $38.19

Facility Technician $28.50 $29.93 $31.42 $32.99 $34.64 $36.37

Lead Parks & Maintenance Worker $31.33 $32.90 $34.55 $36.27 $38.09 $39.99

Parks & Maintenance Worker $25.20 $26.46 $27.78 $29.18 $30.64 $32.17

Parks & Maintenance Worker/Tree Trimmer $26.48 $27.80 $29.19 $30.65 $32.19 $33.80

Parks & Maintenance Worker Trainee $20.58 $21.61 $22.69 $23.83 $25.02 $26.27

Senior Parks & Maintenance Worker $28.48 $29.90 $31.40 $32.97 $34.62 $36.35

Town Arborist $29.93 $31.42 $32.99 $34.64 $36.37 $38.19

For Fiscal Year 20156/167 – 2.5% Increase Effective July 1, 20152016

Classification Title STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6

Equipment Mechanic $30.53 31.29

$32.05 32.85

$33.65 34.49

$35.33 36.21

$37.10 38.02

$38.95 39.92

Facility Technician $29.07 29.80

$30.53 31.29

$32.05 32.85

$33.65 34.49

$35.33 36.21

$37.10 38.02

Lead Parks & Maintenance Worker $31.96 32.76

$33.56 34.40

$35.24 36.12

$37.00 37.93

$38.85 39.83

$40.79 41.82

Parks & Maintenance Worker $25.70 26.35

$26.99 27.67

$28.34 29.05

$29.76 30.50

$31.25 32.03

$32.81 33.63

Parks & Maintenance Worker/Tree Trimmer $27.01 $28.36 $29.77 $31.26 $32.83 $34.48

Parks & Maintenance Worker Trainee $20.99 21.53

$22.04 22.61

$23.14 23.74

$24.31 24.93

$25.52 26.18

$26.80 27.49

Senior Parks & Maintenance Worker $29.05 $30.50 $32.03 $33.63 $35.31 $37.08

220

Town of Los Gatos American Federation of State, County and Municipal Employees July 1, 2013 2016– June 30, 20162018

29.78 31.27 32.83 34.47 36.19 38.00

Town Arborist $30.53 31.29

$32.05 32.85

$33.65 34.49

$35.33 36.21

$37.10 38.02

$38.95 39.92

Tree Trimmer/High Climber* $27.69 $29.07 $30.52 $32.05 $33.65 $35.33

*Classification will be deleted when the position is vacant

221