Los Altos Hills City Council
November 20, 2025

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building. The ERCES, where required, shall be of a type determined by the fire code official and the frequency license holder(s). This section shall not require improvement of the existing public safety communications systems.

Section 510.1.1 is added to read:
510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan.

Section 510.3.1 is amended to read:
510.3.1 Permit required. A construction permit for the installation of or modification to inbuilding emergency responder communications enhancement systems and related equipment is required as specified in Section 105.6.5. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A frequency change made to an existing system is considered to be new construction and will require a construction permit.

Section 510.4 is amended to read:
510.4 Technical requirements. Equipment required to provide in-building, two-way emergency responder communication coverage shall be listed in accordance with UL 2524 and the current Emergency Responders Communications Enhancement Systems Standard Details & Specification enforced by the Santa Clara County Fire Department. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8.

Section 510.4.2 is amended to read
510.4.2 System design. The in-building emergency responder communications enhancement system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1225, and the current Emergency Responder Communications Enhancement Systems Details & Specification enforced by the Santa Clara County Fire Department.

Section 510.5 is amended to read:
510.5 Installation requirement. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1225 and the current Emergency Responder Communications Enhancement Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.

Section 510.5.2 is amended to read:

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510.5.2 Approval prior to installation. Communications enhancement systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and frequency license holder the agency FCC license holder or systems administrator.

Section 510.5.4 is amended to read:
510.5.4 Acceptance test procedure. Where an in-building emergency responder communications enhancement system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee.

1.Each floor of the building shall be divided into a grid of 20 approximately equal test areas.

2.The test shall be conducted using a calibrated portable radio of the latest brand and model used by the agency talking through the agency’s radio communications system or equipment approved by the fire code official.

3.Failure of more than one test area shall result in failure of the test.

4.In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95-percent coverage requirement.

5.A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency’s radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered to be a failure of that test area. Additional test locations shall not be permitted.

6.The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values.

7.As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster.

This test shall be conducted at the time of installation and at subsequent annual inspections.

8.Systems shall be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall be positioned not greater than 10 feet (3048 mm) from the indoor antenna. The second portable radio shall be positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be conducted and comply with DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2.

CHAPTER 7 FIRE AND SMOKE PROTECTION FEATURES
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Amend Chapter 7 of the 2025 California Fire Code as follows:

SECTION 703 PENETRATIONS
Section 703.3 is added to read:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary special inspections for throughpenetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.

CHAPTER 9 FIRE PROTECTON AND LIFE SAFETY SYSTEMS
Amend Chapter 9 of the 2025 California Fire Code as follows:

SECTION 901 GENERAL
Section 901.6.2 is amended to read:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2. 901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official. 901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing ITEM 5J ATTACHMENT 1- EXHIBIT A

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timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

Section 901.6.3 is amended to read:
901.6.3 Records Information. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained in accordance with Section 110.3 on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements.

SECTION 903 AUTOMATIC SPRINKLER SYSTEMS
Section 903.2 is amended 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 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

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. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.

2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.

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Exception: Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.

3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.

Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2025 California Fire Code.

5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.

6. Any change in the character of occupancy or in use of any building with a fire 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 risk2, shall require the installation of an approved fire automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: 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 housing non-ambulatory clients. 2 Fire Risks – Shall include, but not limited to: 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).

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Section 903.2.11.7 is added to read:
903.2.11.7 Chemical Fume Hood Fire Protection.

Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:

1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.

2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.

SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
Section 907.8 is amended to read:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be maintained documented using NFPA 72 record of inspection and testing forms.

SECTION 909 SMOKE CONTROL SYSTEMS
Section 909.22.1 is amended to read:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

CHAPTER 12 ENERGY SYSTEMS
Amend Chapter 12 of the 2025 California Fire Code as follows:

SECTION 1202 DEFINITIONS
Section 1202.1.1 is amended to read:
1202.1 Definitions. The following terms are defined in Chapter 2:

BATTERY SYSTEM, STATIONARY STORAGE.

BATTERY TYPES.

CAPACITOR ENERGY STORAGE SYSTEM.

CRITICAL CIRCUIT.

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EMERGENCY POWER SYSTEM.

ENERGY STORAGE MANAGEMENT SYSTEMS.

ENERGY STORAGE SYSTEM (ESS).

ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.

ENERGY STORAGE SYSTEM, MOBILE.

ENERGY STORAGE SYSTEM, WALK-IN UNIT.

ENERGY STORAGE SYSTEM CABINET.

ENERGY STORAGE SYSTEM COMMISSIONING.

ENERGY STORAGE SYSTEM DECOMMISSIONING.

FUEL CELL POWER SYSTEM, STATIONARY.

LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.

STANDBY POWER SYSTEM.

SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)

ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Section 1207.1.7 is amended to read:
1207.1.7 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted on a representative ESS in accordance with NFPA 855 as amended, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration of the test equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.2.2.

Section 1207.2.2.1 is amended to read:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.

Section 1207.5.2 is amended to read:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.

Exceptions:

1. Where approved by the fire code official, rooms, areas and walk-in units containing ITEM 5J ATTACHMENT 1- EXHIBIT A

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electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.6 and large-scale fire testing complying with Section 1207.1.7.

2. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76.

3. Dedicated-use buildings in compliance with Section 1207.7.1.

TABLE 1207.5.1

DESIGN AND NUMBER OF ESS FIRE AREAS

STORY PERCENTAGE OF

MAXIMUM

ALLOWABLE

QUANTITY PER

FIRE AREA

NUMBER OF

FIRE AREAS

PER STORY

FIRE-RESISTANCE

RATING FOR FIRE

BARRIERS IN
HOURS
Above grade plan Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Below grade plan 1
2 Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Section 1207.5.5 is amended to read:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:

1. Automatic sprinkler systems designed and installed in accordance with Section 903.3.1.1 for ESS units (groups) with a maximum stored energy capacity of 50 kWh, as ITEM 5J ATTACHMENT 1- EXHIBIT A

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described in Section 1207.5.1, shall be designed with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based over the area of the room or 2,500 square-foot (232 m2) design area, whichever is smaller larger, unless a lower density is approved based on large-scale fire testing in accordance with Section 1207.1.7.

2. Automatic sprinkler systems designed and installed in accordance with Section 903.3.1.1 for ESS units (groups) exceeding 50 kWh shall use a density based on largescale fire testing complying with Section 1207.1.7.

3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on large-scale fire testing complying with Section 1207.1.7:

3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.

3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.

3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.

3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.

3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.

Exceptions:

1. Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.

2. Lead-acid and nickel-cadmium systems that are used for DC power for control of substations and control or safe shutdown of generating stations under the exclusive control of the electric utility, and located outdoors or in building spaces used exclusively for such installations, shall not be required to have a fire suppression system installed.

3. Lead-acid battery systems in uninterruptable power supplies listed and labeled in accordance with UL 1778, utilized for standby power applications, which is limited to not more than 10 percent of the floor area on the floor on which the ESS is located, shall not be required to have a fire suppression system. (Material based on NFPA 855 2023 Ed.)
Section 1207.11.3 is amended to read:
1207.11.3 Location. ESS shall be installed only in the following locations:

1. Detached garages and detached accessory structures.

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2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.

3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.

4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished woodframed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.

ESS shall not be installed in sleeping rooms, or in closets or spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.

Section 1207.11.6 is amended to read:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.

2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION Amend Chapter 33 of the 2025 California Fire Code as follows:

SECTION 3303 ADMINISTRATIVE SAFETY CONTROLS
Section 3303.5 is amended to read:

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3303.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

Section 3303.7 is added to read:
3303.7 Fire Walls. When firewalls are required in combustible construction, 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 3307 FIRE DEPARTMENT SITE ACCESS AND WATER SUPPLY.

Section 3307.1.2 is amended to read:
3307.1.2 Stairways Required. Where building construction exceeds 40 feet (12 192 mm) in height above the lowest level of fire department vehicle access, a temporary or permanent stairway shall be provided. As construction progresses, such stairway shall be extended to within one floor of the highest point of construction having secured decking or flooring. 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.).

Section 3307.1.4 is added to read:
3307.1.4 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 written site safety plan as required by Section 3303.1.

Section 3307.6 is added to read:
3307.6 Fire Department Access Roadways. All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus, and have a minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds.

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When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted subbase and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.

SECTION 3313 COMPLETION BEFORE OCCUPANCY.

Section 3313.1 is added to read:

Section 3313.1 Completion Before Occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.

In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system.

For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary.

Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.

CHAPTER 41 TEMPORARY HEATING AND COOKING OPERATIONS
Amend Chapter 41 of the 2025 California Fire Code as follows:

SECTION 4103 PORTABLE FUEL-FIRE HEATING APPLIANCES
Section 4103.1 is amended to read:

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4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.

Exceptions:

1. Portable unvented fuel-fired heaters listed and labeled in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.

2. Portable outdoor gas-fired heating appliances in accordance with Section 4103.1.2.

Section 4103.1.2.1.1 is amended to read:
4103.1.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies, and rooftops.

Exception: As permitted in Chapter 61.

SECTION 4106 IMMERSION HEATERS
Section 4106.1 is added to read:
4106.1 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 50 HAZARDOUS MATERIALS-GENERAL PROVISIONS
Amend Chapter 50 of the 2025 California Fire Code as follows:

SECTION 5001 GENERAL
Section 5001.2.2.2 is amended 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.

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2. Corrosive materials.

3. Moderately toxic gas.

4. Health hazards - Other.

SECTION 5002 DEFINITIONS
Section 5002.1 is amended to read:
5002.1 Definitions. The following terms are defined in Chapter 2:

BOILING POINT.

CEILING LIMIT.

CHEMICAL.

CHEMICAL NAME.

CLOSED CONTAINER.

CONTAINER.

CONTROL AREA.

CORROSIVE LIQUIDS.

CYLINDER.

DAY BOX.

DEFLAGRATION.

DESIGN PRESSURE.

DETACHED BUILDING.

DISPENSING.

EXCESS FLOW CONTROL.

EXHAUSTED ENCLOSURE.

EXPLOSION.

FLAMMABLE VAPORS OR FUMES.

GAS CABINET.

GAS ROOM.

HANDLING.

HAZARDOUS MATERIALS.

HEALTH HAZARD.

HEALTH HAZARD – OTHER.

IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).

INCOMPATIBLE MATERIALS.

LIQUID.

LOWER EXPLOSIVE LIMIT (LEL).

LOWER FLAMMABLE LIMIT (LFL).

MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.

MODERATELY TOXIC GAS.

NORMAL TEMPERATURE AND PRESSURE (NTP).

OUTDOOR CONTROL AREA.

PERMISSIBLE EXPOSURE LIMIT (PEL).

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PESTICIDE.

PHYSICAL HAZARD.

PRESSURE VESSEL.

SAFETY CAN.

SAFETY DATA SHEET (SDS).

SECONDARY CONTAINMENT.

SEGREGATED.

SOLID.

SPILL CONTROL.

STORAGE, HAZARDOUS MATERIALS.

SYSTEM.

TANK, ATMOSPHERIC.

TANK, PORTABLE.

TANK, STATIONARY.

TANK VEHICLE.

UNAUTHORIZED DISCHARGE.

USE (MATERIAL).

VAPOR PRESSURE.

SECTION 5003 GENERAL REQUIREMENTS
Section 5003.1.3.1 is added to read:
5003.1.3.1 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 6004.2.1.4 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.

Section 5003.1.5 is added to read:
5003.1.5 Health Hazards - Other. 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.

Section 5003.1.6 is added to read:
5003.1.6 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 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.

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Section 5003.2.2.1 is amended 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. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations:

3.1. The point of use.

3.2. The tank, cylinder or bulk source.

4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be clearly visible, provided with ready access and identified in an approved manner.

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
Reactivity Class 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, 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.

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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 gases above threshold quantities listed in Table 6004.2.1.4. 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.

Section 5003.2.2.2 is amended 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 in accordance with NFPA 704 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 threaded or flanged connections throughout except for connections within an exhausted ventilated 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.

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.

Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed spaces above other occupancies where installed in accordance with Section 415.11.7.4 of the California Building Code for Group H-5 occupancies.

Section 5003.5.2 is added to read:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

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Section 5003.5.3 is added 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.

Section 5003.10.4 is amended 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 the individual(s) handling the chemical transport cart. 5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Toxic, moderately toxic, and highly-toxic gases shall be limited to a container of a maximum water capacity of 1 pound.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.

SECTION 5004 STORAGE
Section 5004.2.1 is amended 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 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 and outdoor locations or similar areas provided with liquidtight raised or recessed sills or dikes.

3. Sumps and collection systems

4. Other approved engineered systems.

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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.

Section 5004.2.2.2 is amended as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials used in open systems shall be separated from each other in the secondary containment system independent secondary containment systems.

CHAPTER 54 CORROSIVE MATERIALS
Amend Chapter 54 of the 2025 California Fire Code as follows:

SECTION 5402 DEFINITION
Section 5402.1 is amended to read:
5402.1 Definition. The following terms are is defined in Chapter 2:

CORROSIVE.

CORROSIVE LIQUIDS.

CHAPTER 56 EXPLOSIVES AND FIREWORKS
Amend Chapter 56 of the 2025 California Fire Code as follows:

Section 5601.1.3 is amended 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 Office of the 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 and Health and Safety Code Division 11.

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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.

4. The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as applicable for consumer fireworks and Health and Safety Code Division 11.

CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
Amend Chapter 57 of the 2025 California Fire Code as follows:

SECTION 5704 STORAGE
Section 5704.2.7.5.8 is amended 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 Section 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 need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

Section 5704.2.7.5.9 is added to read:
5704.2.7.5.9 Automatic and/or Remote 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.

CHAPTER 60 HIGHLY TOXIC AND TOXIC MATERIALS
Amend Chapter 60 of the 2025 California Fire Code as follows:

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Chapter 60 title is amended to read:

CHAPTER 60 HIGHLY TOXIC MATERIAL, TOXIC MATERIALS and MODERATELY TOXIC GASSES SECTION 6001 GENERAL
Section 6001.1 is amended to read:
6001.1 Scope. The storage and use of highly toxic and toxic and/or moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.

Exceptions:

1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.

2. Conditions involving pesticides or agricultural products as follows:

2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’s instruction and label directions.

2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.

2.3 Storage in dwellings or private garages of pesticides registered by the US Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.

SECTION 6002 – DEFINITIONS
Section 6002.1 is amended to read:
6002.1 Definitions.

The following terms are defined in Chapter 2:

CONTAINMENT SYSTEM.

CONTAINMENT VESSEL.

EXCESS FLOW VALVE.

HIGHLY TOXIC.

MODERATELY TOXIC GAS.

OZONE-GAS GENERATOR.

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PHYSIOLOGICAL WARNING THRESHOLD.

REDUCED FLOW VALVE.

TOXIC.

SECTION 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES
Section 6004 title is amended to read:

SECTION 6004 HIGHLY TOXIC, MODERATELY TOXIC, AND TOXIC COMPRESSED GASES Section 6004.1 is amended to read:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in Group R occupancies. 6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

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.

Section 6004.2 is amended to read:
6004.2 Indoor storage and use.

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The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.

Section 6004.2.1 is amended 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 6004.2.1.4.

Section 6004.2.1.4 is added to read:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4
Table 6004.2.1.4 is added to read:

Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Section 6004.4 is added to read:
6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions:

1. Where a gas detection system is provided in accordance with 6004.4.8 6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

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6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

Exceptions:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used. 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 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 where all of the following controls are provided:

1.1 Valve outlets are equipped with gas- tight outlet plugs 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.

2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 ITEM 5J ATTACHMENT 1- EXHIBIT A

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minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere.

Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used. 6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worstcase release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier.

Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure. 6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 1203:

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1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail-safe systems are installed and designed to stop gas flow.
6004.4.7. Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907. 6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.

Exceptions:

1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures. 6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are provided:

1. Constantly attended / supervised.

2. Provided with emergency shutoff valves that have ready access.

Chapter 64 PYROPHORIC MATERIALS
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Amend Chapter 64 of the 2025 California Fire Code as follows:

SECTION 6405 USE
Section 6405.3.1 is added 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.

APPENDIX B FIRE FLOW REQUIREMENTS FOR BUILDINGS
SECTION B105 FIRE FLOW REQUIREMENTS FOR BUILDINGS
Section B105.2 is amended to read:

B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and twofamily dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.

Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest areas (SRRA), public restrooms.

3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt.

The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).

APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C102 NUMBER OF FIRE HYDRANTS
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Section C102.1 is amended to read:

C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.

APPENDIX D FIRE APPARATUS ACCESS ROADS
SECTION D103 MINIMUM SPECIFICATION
Section D103.1 is deleted as follows:

D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1).

Section D103.2 is amended as follows:

D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

Section D103.3 is amended as follows:

D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.

Section D103.4 is amended to read:

D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Santa Clara County Fire Department apparatus access and turnaround standards. Table D103.4 Section D103.6 is amended to read:

D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING—FIRE LANE” signs complying with Figure D103.6. Where required by the Fire Code Official, fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and the Santa Clara County Fire Department A-6 Standard. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background.

Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.

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RESOLUTION NUMBER XX-XX

RESOLUTION OF THE TOWN OF LOS ALTOS HILLS CONFIRMING CITY POLICY ON

GREENHOUSE GAS EMISSION REDUCTIONS EMANATING FROM BUILDINGS WHEREAS, Section 17958(b) of the California Health and Safety Code generally restricts local agencies from adopting changes applicable to residential units in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code unless the changes meet an exception; and
WHEREAS, Section 17958 (b) (5) of the California Health and Safety Code specifies that local changes applicable to residential units in the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code may be adopted if the changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy; and WHEREAS, the Town of Los Altos Hills adopted a General Plan on April 26, 2007; and WHEREAS, Goal 8 of the Town of Los Altos Hills General Plan is to promote energy-efficient construction; and
WHEREAS, the adopted Town of Los Altos Hills General Plan specifies that other measures may be proposed by the Town’s Environmental Initiatives Committee; and WHEREAS, the Town of Los Altos Hills Environmental Initiatives Committee presented a Climate Action Plan to the Town Council of the Town of Los Altos Hills, which was adopted by the Town Council on October 21, 2021, that calls for the reduction in natural gas use through electrifying homes as a major measure to reduce greenhouse gas emissions; and WHEREAS, the Town of Los Altos Hills Environmental Initiatives Committee has proposed and recommended that the Los Altos Hills Town Council adopt an ordinance that requires new and replaced air conditioning units to be capable of both heating and cooling; and WHEREAS, buildings constitute a significant source of greenhouse gas emissions in the Town of Los Altos Hills, and taking reasonable regulatory actions to reduce greenhouse gas emissions from buildings is an important component of the Town’s strategy to reduce greenhouse gas emissions; and
WHEREAS, the Town intends to adopt ordinances making changes to the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code for residential units that require new and replaced air conditioning units to be capable of both heating and cooling.

ITEM 5J ATTACHMENT 2

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Altos Hills that the Town Council finds that:

1. As described in the Town’s Climate Action Plan, it is the Town’s policy to reduce greenhouse gas emissions, including by reducing greenhouse gas emissions from buildings.

2. The Town’s proposed changes to the provisions adopted pursuant to Section 17922 and published in the California Building Standards Code for residential units are a part of the Town’s adopted greenhouse gas emissions reduction strategy in its Climate Action Plan.

PASSED AND ADOPTED at a regular meeting of the City Council held on the 20th day of November 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: ____________________________
Kavita Tankha, Mayor
ATTEST: ______________________________
Arika Miller, City Clerk
ITEM 5J ATTACHMENT 2

THE TOWN OF LOS ALTOS HILLS September 18, 2025
Staff Report to the City Council
SUBJECT: Discussion and direction on a proposed ordinance amending Title 8 (Building Regulations) of the Los Altos Hills Municipal Code and Adopting by Reference the 2025 California Building Standards Code, including but not limited to Administrative, Building, Residential Building, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building, and Referenced Standards, Including Local Modifications and Amendments to the Codes
PREPARED BY: Jay Bradford, Community Development Director APPROVED: Peter Pirnejad, City Manager

RECOMMENDATION
Staff recommends that the City Council receive an update on committee and staff proposed local amendments to the 2025 California Building Code Standards and provide direction as to which options to pursue.

BACKGROUND
The California Building Standards Code (Title 24 of the California Code of Regulations and hereinafter “Standards”) includes the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Wildland-Urban Interface, and Existing Building Codes and the Green Building Standards. The Standards are maintained by the California Building Standards Commission (Commission) which generally updates, amends and republishes the Standards every three years. The Commission bases its updates on changes to national and international “model codes”, which reflect the best current understanding of the building industry on issues ranging from life safety to energy and water efficiency. The Commission published its most recent update to the Standards on July 1, 2025 (the 2025 Standards).

The Town of Los Altos Hills is a local jurisdiction with authority to implement and enforce the Standards. Under state law, the 2025 Standards, as published by the Commission, become effective to all occupancies throughout California on January 1, 2026. The California Health and Safety Code require the City Council to adopt the 2025 Standards but also allows the City Council to adopt local amendments to the Standards based on local climatic, geological or topographical conditions, which the City previously did for § 2, Ord. 558, eff. February 15, 2015; § 1, Ord. 568, eff. March 16, 2017; § 1, Ord. 585, eff. January 18, 2020; § 1, Ord. 604, eff. November 17, 2022 Standards. If the City does not adopt local amendments to the 2025 Standards by January 1, 2026, the 2025 Building Standards go into effect without any local amendments. All local amendments must be filed with the California Building Standards Commission in order to be effective. While Energy Code amendments must be cost effective and reviewed by the California Energy Commission.

ITEM 5J ATTACHMENT 3

This report provides Council with an overview of the local amendments being proposed by the Chief Building Official and various town committees to address unique local conditions, together with recommended policies that will assist the Chief Building Official in implementing the locally amended Standards. Based on the direction received, staff will finalize the adopting ordinances for consideration by the City Council in late October and early November so that the locally amended Standards go into effect on January 1, 2026.

DISCUSSION
As mentioned in the background, building codes are reviewed and revised through national and statewide processes that allow for updates every three years. However, in June 2025, the California State Legislature adopted Assembly Bill (AB) 130, a budget trailer bill that included amendments affecting local community development policies for planning and building departments.

AB 130, enacted as part of the 2025 housing budget package, has significantly reshaped the State’s code adoption process. While the 2025 California Building Standards Code (Title 24) will still take effect on January 1, 2026, the legislation establishes a six-year moratorium on most amendments to residential building standards, effective October 1, 2025, through June 1, 2031.

The intent of this pause is to provide regulatory stability for residential development and reduce the continual layering of new requirements that could otherwise affect housing production.

During this period, modifications to the residential code will only be permitted under the following circumstances:

1. The Building Standards Commission deems changes necessary as emergency standards to protect health and safety.

2. Relate to home hardening and proposed for adoption by the Office of the State Fire Marshal or a fire protection district.

3. Are proposed to address single-exit single-stairway apartment houses.

4. Necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and permits mixed-use residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted GHG reduction strategy.

5. Proposed to the adaptive reuse standards working group, reduce potable water use in new residential buildings, or support risk-based water quality standards for the onsite and reuse of nonpotable water for certain residential buildings.

6. Ensure the latest editions of the model codes are incorporated into the California Building Standards Code.

7. Necessary to incorporate updates to accessibility requirements that align with minimum federal accessibility laws, standards, and regulations.

ITEM 5J ATTACHMENT 3

8. The changes or modifications are substantially equivalent to standards filed by the local government or were in effect before September 20, 2025.

For towns like Los Altos Hills, these exemptions provide practical pathways to continue pursuing local policy priorities while remaining compliant with the statute. Preserving and readopting current local amendments before the September 30, 2025 deadline will ensure continuity. Fire safety provisions, especially those aligned with Wildland-Urban Interface or Fire Hazard Severity Zone standards, can be advanced under the home hardening exception. Climate-oriented reach codes may proceed if structured as incentives and properly tied to the Town’s adopted Climate Action Plan or General Plan framework. Together, these avenues allow the Town to balance the stability mandated by AB 130 with its ongoing objectives in safety, resilience, and sustainability.

The 2025 California Building Standards Code (Title 24) introduces several substantive updates intended to strengthen safety, resilience, and efficiency across the built environment. Key enhancements include the adoption of a fully restructured Wildland–Urban Interface (WUI) Code, replacing the prior Building Code Chapter 7A and Residential Code R337 with more comprehensive wildfire-resilient standards; updated provisions for seismic retrofits to improve the performance of existing buildings; incorporation of new NFPA 72 requirements for two-way communication systems in stairwells and elevator lobbies to enhance life safety; and continued advancement of the State’s energy standards to support electrification and greenhouse gas reduction goals.The Wildland–Urban Interface (WUI) Code specifically has been a focal point in Los Altos Hills’ code past code adoption discussions. With the standards being reorganized at the state level, recommendations coming from Town committees, and new Fire Hazard Severity Zone (FHSZ) maps recently adopted, it is important to understand when the Town first began considering these provisions. The conversation dates back to 2019, when the Los Altos Hills City Council adopted the 2019 California Building Standards Code as part of the State’s triennial code cycle. That adoption, approved unanimously on a 5–0 vote, incorporated all required model codes—Building, Residential, Electrical, Mechanical, Plumbing, Energy, Fire, Existing Building, Historical Building, and Green Building Standards—along with local amendments tailored to the Town’s conditions.

During this same period, the Los Altos Hills County Fire District requested that the Town adopt Section R337 of the California Residential Code, the WUI standards. Section R337 introduced ignition-resistant construction requirements, including the use of non-combustible or emberresistant exterior materials, to mitigate wildfire risks in high-hazard areas. Councilmember Tyson introduced the item, and the Council directed staff to bring the amendments directly to Council for consideration, rather than routing them through the Planning Commission, in order to expedite their review. Public comment reflected strong community support for rapid adoption, recognizing the wildfire threat facing the Town.

The incorporation of WUI standards presented both benefits and challenges. On the positive side, it strengthened the Town’s wildfire resilience, aligned local codes with CAL FIRE and regional safety priorities, and responded to resident concerns about fire risk. On the other hand, it introduced ITEM 5J ATTACHMENT 3

higher construction costs, increased administrative review, and raised concerns from some developers and homeowners who viewed the requirements as restrictive.

Taken together, the 2019 cycle established a framework in which Los Altos Hills not only complied with the State’s mandate to adopt updated building codes but also laid the groundwork for enhanced wildfire safety standards. The Council’s unanimous action on the base code adoption, paired with consensus to move forward with Section R337, reflected a clear policy direction: meet State obligations while advancing stronger wildfire resilience tailored to the community’s needs.

Something the current Council will be asked to continue support for. Therefore, next steps would be for the staff to come back to council with findings and actions to adopt the proposed amendments to the building code that support fire hardening. Staff intends to work with EPRC, the Fire District, and the County Fire Department to bring recommendations back to the City Council for consideration and potential adoption.

Los Altos Hills Municipal Code. The Town purposes incorporating the Building Standards Code within Title 8 of the Municipal Code in the following divisions:

CH 8-0. GENERAL PROVISIONS AND PENALTIES
Ch 8-1.1 CALIFORNIA ADMINISTRATIVE CODE
Ch 8-1.2 CALIFORNIA BUILDING CODE (VOLUMES 1 AND 2)
Ch 8-1.2.5 CALIFORNIA RESIDENTIAL CODE
Ch 8-1.3 CALIFORNIA ELECTRICAL CODE
Ch 8-1.4 CALIFORNIA MECHANICAL CODE
Ch 8-1.5 CALIFORNIA PLUMBING CODE
Ch 8-1.6 CALIFORNIA ENERGY CODE
Ch 8-1.7 CALIFORNIA WILDLAND–URBAN INTERFACE
Ch 8-1.8 CALIFORNIA HISTORICAL BUILDING CODE
Ch 8-1.9 CALIFORNIA FIRE CODE
Ch 8-1.0 CALIFORNIA EXISTING BUILDING CODE
Ch 8-1.11 CALIFORNIA GREEN BUILDING STANDARDS CODE
Ch 8-1.12 CALIFORNIA REFERENCED STANDARDS CODE
Ch 8-2 SAFETY ASSESSMENT PLACARDS
ITEM 5J ATTACHMENT 3

Ch 8-3 MOVING OF BUILDINGS
Ch 8-4 GREEN BUILDING REGULATIONS
Ch 8-5 BUILDING CONSTRUCTION STANDARDS
Ch 8-6 SIGNS AND ADVERTISING STRUCTURES
Ch 8-7 BUILDING CONSTRUCTION AND STRUCTURAL ADDITION CHARGES Ch 8-8 CODE ADMINISTRATION AND ENFORCEMENT
Ch 8-9 SMALL RESIDENTIAL ROOFTOP SOLAR EXPEDITED PERMITTING Ch 8-10 CONSTRUCTION TIME LIMITS
Ch 8-11 STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING STATIONS
Reviewing the 2025 Standards for adoption, staff is proposing to retain the existing standards found in Title 8, including the Town’s Zero NOx policy, except where specific local amendments are identified. The Town’s current building code amendments can be found here:
https://ecode360.com/43997546. The proposed amendments, along with related policies and fees to support their administration, are outlined and discussed below. Over the past 2 years, in preparation for the 2025 Building Code Updates, staff has been gathering input from committees, community members, and other stakeholders, while also reviewing best practices. The following section provides a summary of that effort and the recommendations that have emerged.

Proposed Local Amendments. Staff is proposing a series of local amendments to the various standard codes to reflect local conditions and clarify authority for certain actions. These local amendments are presented by division below.
8-0 GENERAL PROVISIONS AND PENALTIES
a. The Standards contain inconsistent language relating to the Building Official’s authority to grant extensions to permits. Staff is proposing a local amendment that will consistently give the Building Official the discretion to extend all types of building permits by adopting a consistent administrative guide. b. Adopt the existing local amendment which allows the Building Official to issue refunds on fees paid. This local amendment requires that all refund requests must be made in writing within 180 days of application. When such requests are made, the Building Official may authorize the following refunds:

1. 100% of any erroneously calculated or charged fee;
ITEM 5J ATTACHMENT 3

2. 90% of any plan review fee if the refund request is made before the review work begins (the 10% retention covers the cost of intake and refund issuance); and

3. 90% of any building, plumbing, electrical or mechanical permit fee if the refund request is made before the work and any inspections begin (again, the 10% retention covers the cost of intake and refund issuance).
c. Adopt local amendments which allows the Building Official to adjust fees and covers the collection process for unpaid fees.
d. Adopt a Concealed Construction Guidelines to help staff address the risks to life, health and public safety created when construction is covered or concealed without inspection.
e. Adopt penalties for not completing construction projects and for work without permits.
f. Adopt noticing process for unsafe structures.
g. Adopt code provisions that allow the penalties included in Division 8-0 to apply uniformly across chapter 8-1 through 8-12 in order to minimize inconsistency in administration.
h. Consider a new local amendment that requires applicants using a Contractor’s State Licensing Board license to be the license holder him/herself or have the license holder’s written permission. This modification is aimed at individuals have claimed they are pulling permits of behalf of their company or other licensed individuals while truly utilizing the licensee’s credentials without the owner’s permission causing undue hardship for the licensees and the home owner. This can lead to financial claims and improper construction. This amendment is aimed at curtailing this type activity.
i. Consider a new local amendment that allows the Building Official to require photographic evidence, a physical inspection or similar documentation of existing conditions prior to a permit being issued for residential alterations and repairs. This amendment is meant to give plan reviewers and inspectors more tools to insure minimum building code standards are being maintained.

8.1.2– Building Code
a. Adopt the local amendment which cross-references the Fire Code (Municipal Code Section 8-9) for address numbering and fire protection standards. b. Adopt the local amendment which requires developers to fund third-party expert special seismic inspections.

ITEM 5J ATTACHMENT 3

8-1.2.5 – Residential Code:
a. Adopt the local amendments that clarify that all regulation of fire sprinklers is governed by Division 8-9(Fire Code).
b. Adopt amendments to require Class A Roofing assemblies for all new construction or re-roofs to reduce the risk of fire spread. Roofing assemblies are made of three separate building materials; roof coverings aka shingles, underlayment, and roof sheathing. When materials are combined they are classified by their ability to resists a number of environmental forces. Roofing assemblies are broken into three categories Class A, B, and C. Class A roof assemblies being the category that are the most effective against severe fire exposure. This proposed new amendment is being adopted across Sonoma County and is seen as a way to increase resistance to wildfires.
c. Consider a new amendment to require self-sealing or ember intrusion resistant vents for attics and crawl spaces. Self-sealing or ember intrusion resistant vents limit the ability for fire or embers to enter a home by either stopping movement of air completely in the case of self-sealing vents or capturing embers prior to entering the home in a non-combustible screen. Along the same lines as the provision above self-sealing or ember intrusion resistant vents are seen as a way to limit the exposure to wildfires.
8-1.3 – Electrical Code
a. Adopt local amendment that requires replacement of Federal Pacific and Zinsco electrical panels to include both main and subpanels and to align with PG&E standards.
8-1.9 – Fire Code:
a. Adopt amendments proposed by Santa Clara County Fire Department. 8-1.11 – Green Building Code:
a. Adopt the Tier I measures for voluntary upgrades to residential and non-residential structures excluding energy efficiency standards.
8-4 – Green Building Regulations
Removal is recommended due to advancements in the base California building standards.
8-5 – Building Construction Standards
Adopt specific standards to clarify the use of underground transformers for private property.

ITEM 5J ATTACHMENT 3

8-10 - Construction Time Limits
Adopt adjustments to conditions of policy that allow Building Official to grant extensions.

Proposed Committee Policies. Like staff the town’s committees also had recommendations for code amendment. Committee recommendations for some policies have been separated out between code amendments for building versus other parts of the municipal code like other title contained in the same code. This section focus on building due to the pending code cycle change while zoning modification will be brought as work on the housing and planning commission schedule allows over the next few months, with the zoning work forecasted for the first quarter of 2026.

1. Gas Earthquake Safety Shutoff Valve Program with permit fee waivers and education program as recommended by the Technology Committee.

2. Part 7 California Wildland–Urban Interface adoption town wide including noncombustible fencing within 5 feet of structures as recommended by the Emergency Preparedness and Response Committee.

3. Transition from air conditioning to heat pumps at time of replacement and impose Zero NOx requirements for multifamily housing as recommended by the Environmental Initiatives Committee.

FISCAL IMPACT
Adoption of the 2025 California Building Standards Code and associated local amendments will not result in a direct fiscal impact to the Town’s General Fund. Implementation costs associated with enforcement of the code are covered through existing permit, plan check, and inspection fees.

Any additional costs for recordation or processing of amendments will be borne by applicants as part of standard permit fees.
2024-25 CITY COUNCIL WORK PLAN
This item is a part of the 2024-25 City Council Work Plan under the category of Service Delivery / Governance.

ENVIRONMENTAL REVIEW
Adoption of the 2025 California Building Standards Code and related local amendments is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15061(b)(3), this action has no potential to cause a significant effect on the environment because it consists of adopting state-mandated building standards with limited local amendments that either maintain existing requirements or enhance life-safety, fire-resilience, and sustainability provisions.

ITEM 5J ATTACHMENT 3

ATTACHMENTS
N/A
ITEM 5J ATTACHMENT 3

TOWN OF LOS ALTOS HILLS October 16, 2025
Staff Report to the City Council
SUBJECT: WAIVER OF READING AND INTRODUCTION OF AN ORDINANCE FOR THE 2025 CALIFORNIA BUILDING STANDARDS CODE
ADOPTION FOR THE TOWN OF LOS ALTOS HILLS. THE
ORDINANCE AMENDS TITLE 8 (BUILDING REGULATIONS) OF

THE LOS ALTOS HILLS MUNICIPAL CODE TO ADOPT BY
REFERENCE ALL TWELVE PARTS OF THE 2025 CALIFORNIA

BUILDING STANDARDS CODE, INCLUDING THE

ADMINISTRATIVE, BUILDING, RESIDENTIAL, ELECTRICAL,

MECHANICAL, PLUMBING, ENERGY, WILDLAND URBAN

INTERFACE, HISTORICAL BUILDING, FIRE, EXISTING BUILDING,

GREEN BUILDING STANDARDS (CALGREEN), AND REFERENCED
STANDARDS CODES, TOGETHER WITH LOCAL AMENDMENTS.

FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Introduce by title only, and waive first reading of an Ordinance introducing the 2025 California Building Standards Code adoption for the Town of Los Altos Hills. The ordinance amends Title 8 (Building Regulations) of the Los Altos Hills Municipal Code to adopt by reference all twelve parts of the 2025 California Building Standards Code, including the Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland Urban Interface, Historical Building, Fire, Existing Building, Green Building Standards (CALGreen), and Referenced Standards Codes, together with local amendments (see Attachment 1).

BACKGROUND:

The International Code Council (ICC) publishes model codes for building, fire, and other related standards on a triennial basis. From these model codes, the California Building Standards Commission, along with the State Fire Marshall and other state agencies, amend and adopt these model codes to create the California Code of Regulations Title 24, also known as the California Building Standards Code (CBSC). The 2025 CBSC was adopted by the California Building Standards Commission on July 1, 2025 and becomes effective statewide on January 1, 2026. Local jurisdictions are required to adopt the new code and may adopt more restrictive standards when justified by findings of local climatic, geologic, and topographic conditions in addition to aligning with regulation introduced July 1, 2025, as part of SB 130 (See Attachment 2).

With the passage of AB 130 on June 30, 2025, which went into effect immediately as a part of the state budget bill, the state created a six-year moratorium (effective October 1, 2025, through June 1, 2031) on local amendments to building codes that apply to residential units, unless such amendments meet the limited exceptions explicitly stated within the bill. The intent of this pause ITEM 5J ATTACHMENT 4

City Council
California Building Standard Code Ordinance Staff Report October 16, 2025
is to provide regulatory stability for residential development and reduce the continual layering of new requirements that could otherwise affect housing production. As discussed on September 18, 2025 (See Attachment 3) there are a number of codes exceptions that the Town of Los Altos Hills (Town) plans to utilize to ensure compliance with the new state law. One of the exceptions is that local jurisdictions may still maintain changes or modifications that were previously adopted an in effect before September 30, 2025. This means that local building code and other “reach code” amendments applicable to residential units from the 2022 adoption cycle may continue to be adopted by the Town.

Since 2019, the Town has adopted the following ordinances:
• 2019 Cycle: Ordinances 585 and 588 established the Town’s baseline adoption of the 2019 California Building Standards Code, including comprehensive local amendments for fire safety, sprinklers, and ignition-resistant construction. These ordinances form the foundation of the Town’s current building regulations.
• 2019 Reach Code: Ordinance 589 introduced the Town’s first local energy reach code, requiring all-electric new construction, EV-ready infrastructure, and enhanced energy efficiency measures.
• 2022 Cycle: Ordinances 604, 605, and 607 updated CALGreen standards, adopted the 2022 state codes, and amended local fire and residential provisions. • 2024 Reach Code: Ordinance 611 “Zero NOx” policy introduced emissions-based requirements for new and substantially altered existing construction.

At the City Council meeting on September 18, 2025, Town staff presented a series of recommendations developed in coordination with Town committees and partner agencies, with input and support from regional collaborative groups. These included Building Officials from Santa Clara and San Mateo Counties, the Santa Clara County Fire Department, and Silicon Valley Clean Energy. The purpose of the presentation was to receive City Council feedback on the proposed code updates and local amendments. These recommendations are summarized below:

Staff Recommendation 1 – Committee Recommendations
Work with the Town Committees, Santa Clara County Fire Dept, and Los Altos Hills Fire District to prepare amendments in these areas and bring back polices and/or resolutions/ordinances for consideration and potentially adoption.
• Motion: Vice Mayor Bhateja “So Moved”
• Second: Mayor Tankha “Seconded”
• Result: Motion passed unanimously (5-0)
Staff Recommendation 2 – Wildland–Urban Interface (WUI) Standards To bring back to the Council recommendations to adopt Part 7 of the CBCS (Formerly R337 and 7A) with local modifications to apply Town Wide.

ITEM 5J ATTACHMENT 4

City Council
California Building Standard Code Ordinance Staff Report October 16, 2025
• Motion: Council Member Swan – “I move we bring back the council recommendations to adopt Part 7, etc.”
• Second: Council Member Mok “Seconded”
• Result: Motion passed unanimously (5-0)
Staff Recommendation 3 – Fire Code Amendments
To work with the SCC Fire Department to bring any proposed clarifications back to the City Council for consideration and adoption.
• Motion: Vice Mayor Bhateja “So Moved”
• Second: Council Member Tyson – “So seconded”
• Result: Motion passed unanimously (5-0)
Staff Recommendation 4 – Administrative Amendments / Refunds and Fee Processing To bring back modifications to the administrative section of the Building Code with necessary changes to help enforce said code and the administration and safeguards in the issuance of refunds and fee collection.
• Motion: Vice Mayor Bhateja – “I’ll make the recommendation as stated with the change that following a cancellation or a request for refund, the town sends that refund within 90 days”
• Second: Council Member Mok “Second That”
• Result: Motion passed unanimously (5-0)
Staff Recommendation 5 – Administrative Amendments / Enforcement and Compliance To bring back modifications to the administrative section of the Building Code with necessary changes to help clarify enforcement and penalties to maintain compliance with the Building Code Standards.
• Motion: Vice Mayor Bhateja – “So moved”
• Second: Council Member Swan “Second”
• Result: Motion passed unanimously (5-0)
Staff Recommendation 6 – Technical Amendments / Core Building Codes To bring back technical amendments to the Building, Residential and Electrical Codes. • Motion: Vice Mayor Bhateja – “So moved”
• Second: Council Member Mok “second”
• Vote: Mok – Yes; Swan – Yes; Tyson – Yes; Bhateja – Yes; Tankha – Yes • Result: Motion passed unanimously (5-0)
ITEM 5J ATTACHMENT 4

City Council
California Building Standard Code Ordinance Staff Report October 16, 2025
Staff Recommendation 7 – Technical Amendments / Specialized Codes and Integration To bring back technical amendments for Fire, Green Building Code, Building Construction Standards, and Construction Time Limits and eliminate the chapter on Green Building Regulation.
• Motion: Vice Mayor Bhateja – “So moved”
• Second: Council Member Mok “Seconded”
• Vote: Mok – Yes; Swan – Yes; Tyson – Yes; Bhateja – Yes; Tankha – Yes • Result: Motion passed unanimously (5-0)
In addition, Town staff presented the same material presented to City Council on September 18, 2025, to the Environmental Protection and Resource Committee (EPRC) on October 7, 2025, and to the Environmental Initiatives Committee (EIC) Reach Code Subcommittee on October 8, 2025.

The proposed ordinance language requested by the committees was reviewed in detail, and each committee voted to recommend the specific language presented during their respective meetings.

For the general presentation, both committees had no formal comments.

DISCUSSION:

If the first reading is approved by the City Council, the ordinance will return to the City Council for second reading and adoption on November 20, 2025. As part of the code adoption process, local amendments to the California Building Standards Code are only effective after required submittals have been filed and accepted by the appropriate state agencies. For the California Building Standards Commission (CBSC), the Town must submit a certified copy of the adopting ordinance along with findings supporting local amendments. These documents must be formally received and filed by the CBSC before the local provisions take effect.

For the California Energy Commission (CEC), any local amendments to the California Energy Code (Part 6), including reach codes or energy efficiency standards more stringent than state minimums, must be separately submitted for review and approval. Such amendments become effective only upon CEC determination that they are cost effective and consistent with statewide energy policy. Submittal to the California Energy Commission (CEC) applies only to the Environmental Initiatives Committee’s (EIC) recommended changes related to the transition from air conditioning units to heat pumps, also referred to as two-way AC systems. Attachment 4 includes the supporting resolution confirming Town policy on greenhouse gas emission reductions from buildings, consistent with the adopted General Plan and Climate Action Plan, to accompany the CEC submittal. A supplemental staff report, including a cost-effectiveness study, findings, and a supporting resolution specific to this amendment, has been provided as Attachment 4 to support the Town’s submittal to the CEC.

If adopted the purposed local amendments will take effect on January 1, 2026, to coincide with the State’s adoption of the 2025 California Building Standards Code.

ENVIRONMENTAL REVIEW:

ITEM 5J ATTACHMENT 4

City Council
California Building Standard Code Ordinance Staff Report October 16, 2025
Adoption of this Ordinance and related building standards codes/local amendments are exempt from review under the California Environmental Quality Act (CEQA) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (CEQA Guidelines § 15061(b)(3).). In this case, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment because the proposed code adoption and amendments to not approve any project or grant any entitlements, and so not make any physical alterations to the environment, but rather are regulatory actions taken by the Town and to implement state law, and consist of adopting state-mandated building standards with limited local amendments that either maintain existing requirements or enhance life-safety, fire-resilience, and sustainability provisions. Each project subject to building code/building permit review will have obtained independent environmental review as a part of their entitlements.

FISCAL IMPACT:

The Town is obligated to adopt the 2025 Building Standards and costs in adopting the ordinance are staff time related to ordinance preparation and nominal related publication costs. Costs related to implementing the 2025 Standards, including providing the related building services will be funded with the proposed and existing service fees for the Building Divisions.

ATTACHMENTS

1. Ordinance – Adoption of 2025 CBSC with Local Amendments

2. September 18, 2025 Council Study Session Staff Report

3. Supplemental Staff Report (CEC Submittal: Two-Way AC / Heat Pump Transition)

4. Resolution Confirming Greenhouse Gas Reduction Policy (for CEC submittal) ITEM 5J ATTACHMENT 4

TOWN OF LOS ALTOS HILLS October 16, 2025
Staff Report to the City Council
SUBJECT: TWO-WAY AC POLICY FOR RESIDENTIAL INSTALLATIONS, REPLACEMENTS, AND ALTERATIONS.

FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt an ordinance (Attachment 1) amending Title 8 (Building Regulations) of the Los Altos Hills Municipal Code to require that projects in single-family homes, duplexes, and townhomes involving replacement or alteration of an existing air-conditioning system, or installation of a new air-conditioning system, must either:

1. Include a heat pump space conditioner (capable of providing both heating and cooling and serving as the primary heating system), or

2. Install additional energy-efficiency measures specified in the ordinance when opting to install a traditional air-conditioning unit.

Adopt a Resolution confirming Town policy on greenhouse-gas (GHG) emission reductions associated with building energy systems (Attachment 2) to support the Town’s submittal of the ordinance and related findings to the California Energy Commission (CEC) for review and approval.

BACKGROUND:

State Building Code Cycles and AB 130
The State of California updates its California Building Standards Code (CBSC) every three years.

Local governments may adopt “reach codes” that exceed State minimum standards when justified by local findings of necessity.

Assembly Bill 130 (AB 130), signed into law on June 30, 2025, temporarily restricts most amendments to the residential portions of the Building Standards Code between October 1, 2025, and June 30, 2031, except where specific exemptions apply.

One such exemption allows jurisdictions to adopt local amendments consistent with their General Plan or Climate Action Plan adopted prior to June 10, 2025, if those plans include greenhouse-gas reduction or energy-efficiency strategies requiring such changes.

The Town of Los Altos Hills General Plan (adopted April 26, 2007) promotes energy-efficient construction (Goal 8) and encourages the development of policies and ordinances recommended by the Environmental Initiatives Committee (EIC).

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
The Town’s Climate Action Plan (CAP), adopted October 21, 2021, calls for significant reductions in greenhouse-gas emissions from buildings, with a key strategy being the electrification of homes through reduced natural-gas use. The proposed Two-Way AC / Heat Pump policy implements this CAP measure by aligning mechanical-system replacement activity with cost-effective electrification opportunities.

Together, the General Plan and CAP establish a clear policy foundation that qualifies the Town to adopt this reach code under AB 130’s General Plan / Climate Action Plan exemption.

Additional technical and policy documentation supporting the Town’s qualification under AB 130’s General Plan and Climate Action Plan exemption are included in Attachment 2 (Resolution Confirming Greenhouse Gas Reduction Policy) and Attachment 3 (Cost-Effectiveness Study).

Policy Context
In 2019 and 2024, the Town adopted local Reach Codes requiring all-electric new construction, EV-ready infrastructure, and emissions-based performance standards (Ordinances 589 and 611).

The current proposal builds upon those policies by focusing on equipment replacement cycles rather than new construction, thereby facilitating incremental decarbonization of existing homes.

The Two-Way AC / Heat Pump policy encourages electrification rather than mandating it outright.

It targets air-conditioning replacements and new installations as a practical, cost-effective intervention point for reducing emissions. Homeowners replacing an aging or failed AC unit are given the choice of installing a dual-function heat pump or a conventional AC system with compensating efficiency measures, ensuring energy performance equivalency.

This approach aligns with Bay Area Air Quality Management District (BAAQMD) Rule 9-4, which will phase out natural-gas furnace installations by 2029. The proposed ordinance supports this regional transition by preparing homes for all-electric heating and cooling solutions. When an existing furnace eventually fails, a home equipped with a heat pump will already meet comfort and environmental standards without requiring further equipment upgrades.

Technology Definitions
Furnace: Provides heating only and may be gas-powered or electric.

Air Conditioner (AC): Provides cooling only; does not supply heat.

HVAC System: A combined furnace and air-conditioning system sharing ductwork and controls; the furnace often uses natural gas.

Heat Pump (HP): A fully electric system that provides both heating and cooling by transferring, rather than generating, heat—resulting in higher efficiency and reduced emissions.

DISCUSSION:

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
Proposed Policy
Projects subject to this ordinance may comply through one of two pathways:

1. Install a Heat Pump:

• Provides both heating and cooling using electricity only. • May replace the existing furnace (all-electric conversion) or replace only the AC unit while retaining the existing furnace as an air handler or backup.

2. Install a New Air Conditioner with Supplemental Efficiency Measures:
• If a homeowner elects to install a standard AC, additional measures must be implemented to achieve energy performance equivalent to a heat-pump installation. • These measures include advanced duct sealing, improved airflow and fan efficacy, attic insulation, and air sealing consistent with California Energy Code requirements and local amendments.

Table 1. Summary of Requirements if Installing an Air Conditioner

Ducts State Code Requirements Reach Code Requirements
Existing
Ducts
• Duct sealing (10% leakage)
• Airflow efficiency (300 CFM/ton)
• Refrigerant charge
verification
• Fan efficacy (0.45
watts/CFM)
• Attic insulation (R-49)
• Air sealing
New
Ducts
• Duct sealing (5% leakage)
• Airflow efficiency (350 CFM/ton)
• Fan efficacy (0.45 W/CFM)
• Attic Insulation (R-49)
• Air sealing
• R-8 Duct insulation
• Refrigerant charge
verification
• Fan efficacy (0.35
watts/CFM)

The benefits of the proposed ordinance are as follows:

GHG Reductions:

Heat pumps are significantly more efficient than gas furnaces and use California’s increasingly clean electricity grid. Replacing conventional air-conditioning units with heat pumps reduces greenhouse gas emissions by approximately 30–35 percent per household compared to a traditional gas furnace and air-conditioner system combination, depending on building size and usage.

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
Air Quality:

Heat pumps eliminate combustion-related emissions within the home and prevent the generation of harmful air pollutants, including nitrogen oxides (NOx) and particulate matter. The proposed ordinance aligns with Bay Area Air Quality Management District (BAAQMD) Rule 9-4, which phases out the sale and installation of natural gas furnaces beginning in 2029, positioning the Town of Los Altos Hills to meet upcoming regional air-quality standards ahead of schedule.

Resident Utility Bill Savings:

Studies by Silicon Valley Clean Energy (SVCE) and Peninsula Clean Energy (PCE) demonstrate that households converting to heat pumps experience average annual savings of approximately $300–$450 in total energy costs, depending on system size and home efficiency. These savings result from reduced gas usage, higher heat-pump efficiency, and alignment with the State’s lowcarbon electricity portfolio.

Incentives:

A variety of state and local rebates further enhance cost-effectiveness. • Silicon Valley Clean Energy (SVCE) offers rebates of up to $2,500 for installation of qualifying heat pump heating and cooling systems.
• BayREN and PG&E programs provide additional rebates ranging from $1,000 to $2,000, with potential stackable incentives for electrical panel upgrades and weatherization improvements.

These programs substantially reduce net upfront costs for Los Altos Hills residents installing highefficiency equipment.

Future Proofing:

The proposed ordinance helps residents prepare their homes for future equipment transitions and ensures compatibility with forthcoming state and regional energy standards. By installing a heat pump at the time of AC replacement, homeowners eliminate the need for future mechanical conversions when gas furnaces are phased out or when electricity rates favor all-electric systems.

Impacts
The proposed policy was evaluated across four primary metrics:

1. Up-Front Costs: The initial expense of purchasing and installing equipment, including ductwork and panel modifications.

2. Bill Savings: Annual utility bill impacts reflecting fuel switching and energy-efficiency gains.

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025

3. Lifecycle Savings: Cumulative 30-year costs and savings, accounting for installation, maintenance, equipment replacement, and utility expenses.

4. Greenhouse Gas (GHG) Emissions: Estimated annual and lifecycle reductions in CO₂- equivalent emissions from residential heating and cooling.

Up-Front Costs
Up-front cost is a key factor for policy feasibility and homeowner adoption. As shown in Figure 1, Path 1 compliance—installing a heat pump—typically yields a lower net cost compared to Path 2, which involves replacing an air conditioner and adding supplemental efficiency measures. • For most Los Altos Hills homes, the incremental cost of a heat pump system compared to a conventional AC replacement ranges from $1,500 to $3,000 before incentives, but available rebates often offset or exceed this difference. • Path 1 (Heat Pump installation) is therefore cost-effective at the time of replacement and results in ongoing energy and emissions savings.
• Path 2 (AC with additional efficiency measures) offers an energy-equivalent alternative that ensures compliance while accommodating site-specific or electrical limitations.

Both compliance pathways ensure alignment with the Town’s Climate Action Plan and the California Energy Commission’s cost-effectiveness requirements for local energy amendments.

Figure 1. 1-Way AC Costs More for Same Efficiency1,
2 Bill Savings
Monthly utility bill impacts are a key benefit for residents. A Bill Savings Study conducted by Silicon Valley Clean Energy (SVCE) shows that households converting to heat pumps save ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
approximately $300 to $450 per year on energy bills compared to homes using conventional airconditioning and gas-furnace systems.

These savings result from:
• The higher efficiency of heat pumps compared to traditional combustion systems. • The use of California’s increasingly clean and low-cost electricity grid. • The reduction or elimination of natural gas consumption for space heating.

For Los Altos Hills residents served by SVCE, which delivers 100% carbon-free electricity, these savings are likely to increase over time as gas rates rise and electricity supply continues to decarbonize.

Lifecycle Impacts
Another way to assess the impact of this proposed policy is to look at lifecycle costs. Lifecycle costs factor in equipment operation and replacement over a 30-year lifecycle, assuming one equipment replacement during that time. When installing a heat pump at time of air conditioner replacement, it will also provide heating to the home during the colder months. If there is a secondary gas heating source, it will not need to be replaced when it fails. Lifecycle costs show significant savings when installing a heat pump as compared to replacing the AC unit with another AC unit.

Table 2. Economic Costs and Savings3
Approach Lifecycle
Savings
Base case (Replace AC) $0
Heat pump & new air handler (no furnace) $(572) - $10,753 Heat pump with existing furnace as backup $1,955 - $10,123

GHG Emissions
Heat pumps can provide significant reductions in greenhouse gas emissions over air conditioner replacements. This is because heat pumps provide heating more efficiently than gas furnaces (and electric resistance heat). Table 4 shows greenhouse gas reductions for heat pump approaches, as compared to the base case of an AC replacement in metric tons (for the first year) and as a percentage of total emissions. These estimations are conservative; the actual impact is likely greater because Los Altos Hils receives clean energy from Silicon Valley Clean Energy, resulting in very low GHG emissions from electricity use.

Table 3. Greenhouse Gas Reductions4
Approach Metric Tons Percentage
Heat pump & new air handler (no furnace) 0.69 – 0.94 22% - 26% Heat pump with existing furnace as backup 0.97 – 1.30 32% - 37%

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
The emissions and lifecycle savings values summarized above are derived from modeling contained in the Cost-Effectiveness Study (Attachment 3), which uses California Energy Commission-approved methodologies.

Exceptions
The proposed policy offers two general exceptions. The first is for situations where the electrical panel capacity is insufficient to meet the load of a heat pump. The second is where the heat pump would need to be sized more than 12,000 Btu/hr (1 ton) over the air conditioner that would be installed in order to meet the heating load. There are also exceptions to the duct sealing and airflow requirements that specify alternative methods of compliance. All applicable exceptions in the California Energy Code apply.

Public Engagement
The proposed policy was developed in coordination with multiple community and committee discussions.
• Environmental Initiatives Committee (EIC) Reach Code Subcommittee: Reviewed October 8, 2025; voted to recommend adoption of the Two-Way AC / Heat Pump language.
• City Council Study Session: September 18, 2025; received input and direction to return with a supplemental report for CEC submittal.

Public outreach included online meeting materials, summary presentations, and coordination with Silicon Valley Clean Energy to confirm local incentive availability.

Policy Implementation Considerations
The policy would be implemented via an modified building-permit intake process intake form required at time of building permit submittal. Building staff would review the application for consistency with the policy and field verification would happen as part of the typical inspection process.

Schedule and Next Steps
Following City Council approval, the ordinance will return for second reading and formal submittal to the California Energy Commission (CEC) and California Building Standards Commission (CBSC) on November 20, 2025.

In preparation for implementation, staff will develop updated permit intake forms, conduct internal training, and prepare public-facing guidance materials between December 2025 and January 2026.

Upon submittal, the Town will await formal approval from the CEC and CBSC for filing, which is anticipated in early 2026.

ITEM 5J ATTACHMENT 5

City Council
Two-Way AC / Heat Pump Policy
October 16, 2025
Once all State approvals are received, the policy will take effect no sooner than January 1, 2026, coinciding with the effective date of the 2025 California Building Standards Code.

ENVIRONMENTAL REVIEW:

This ordinance is exempt from CEQA under 15061(b)(3) on the grounds that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT:

No direct fiscal impact. Costs for staff and consultant work have been budgeted in FY 2024–25 and FY 2025–26.

ATTACHMENTS

1. Ordinance – Adoption of 2025 CBSC with Local Amendments (See Attachment 1 of Item 6A)

2. Resolution Confirming Greenhouse Gas Reduction Policy (See Attachment 4 of Item 6A)

3. 2025 Single-Family AC-to-Heat-Pump Cost-Effectiveness Study ITEM 5J ATTACHMENT 5

TOWN OF LOS ALTOS HILLS November 20, 2025
Staff Report to the City Council
SUBJECT: DISCUSS AND DIRECT COMMUNITY DEVELOPMENT

DEPARTMENT (CDD) STAFF ON CONCEPTS AIMING TO ADDRESS

THE CONCERNS BROUGHT UP IN THE COMMUNITY

DEVELOPMENT DEPARTMENT (CDD) LISTENING SESSION ON
OCTOBER 22, 2025
FROM: Jay Bradford, Community Development Director
APPROVED: Cody Einfalt, Acting City Manager
RECOMMENDATION: That the City Council:

That the City Council discuss and direct the Community Development Department (CDD) staff report on concepts aiming to address the concerns brought up in the Community Development Department (CDD) listening session on October 22, 2025.

These concepts focus on immediate, mid-range, and long-term goals for service improvement and process refinement and provide further opportunity for feedback on the listening session. We suggest these items be considered as part of the City Council Work plan for 2026-2027.

BACKGROUND:

The Town of Los Altos Hills’s CDD Listening Session on October 22, 2025, provided valuable information for the Town’s staff about residents’ experiences with the CDD and other department and agency processes. Staff used the feedback received and grouped it into common themes subcategories.

Themes:

1. Inefficiency of the planning process and its lack of predictability.

2. Coordination and accountability problems across agencies.

3. Modernization and policy alignment of the Town’s codes.

The most discussed concepts are listed below with a full set of suggestions in Attachment 1.

DISCUSSION:

Based on these themes, staff have put together concepts focusing on immediate, mid-range, and long-term goals for service improvement and process refinement.

SHORT TERM (NEXT 3 MONTHS)
Theme 1) Appointments with Town Staff: To improve the accessibility of staff to residents and their representatives, the planning staff will employ an online appointment ITEM 6A STAFF REPORT

City Council
Community Development Department Listening Session
November 20, 2025
system to establish 15-to-30-minute appointments for those looking for specific guidance.

Scheduling tools can also be added to email responses.

Theme 1) Responses to Inquiries: To improve responsiveness, staff will add additional instructions to voicemails that provide contact information for the admin team if a staff member is unavailable. This will allow multiple staff members the opportunity to respond and follow up.

Theme 1) Inaccessibility of Information: Staff will ensure relevant materials are updated and accessible on the Town’s website and highlight these materials during the pre-meeting appointments. This will include information from Santa Clara Fire and Environmental Health Services Departments
Theme 1) Accountability to the Plan Review Process: Throughout the listening session staff received feedback that many of the most nuanced building codes and regulations are difficult to find or missing entirely. Staff will emphasize consultant support to help applicants address questions and concerns that arise through the plan review process.

Theme 1 & 2) Resident Feedback: Provide anonymous survey links in emails and online to inform continuous feedback that can be monitored monthly and aggregated to inform yearly listening sessions.

MID TERM (NEXT YEAR)
Theme 1) Clearer Directions for Applicants: Staff will generate a detailed checklist (top 20-25 FAQs) to help provide clarity around application submissions. Checklist to cover all potentially required documentation. Application specific documentation. These tools will be built into software that will use the various automated and used filled data sets to create property specific guides for residents.

Theme 2) Yearly Listening Sessions: The Town proposes a yearly listening session that coordinates an open-format information session with the Santa Clara Fire and Environmental Health Services Departments and PG&E (and other relevant agencies) that will provide residents with the opportunity to provide feedback. Agency spokespeople can present valuable information and help answer questions from residents regarding their planning obstacles.

LONG TERM (ON GOING)
Theme 1) Automated Templates: The checklists mentioned in the mid-term goals will be built into software that will use the various automated and data sets to create property specific guides for residents. Residents can use the checklist before submission.

ITEM 6A STAFF REPORT

City Council
Community Development Department Listening Session
November 20, 2025
Theme 1 & 2) AI Workflow Tool Support: The Town has been evaluating AI application review tools which will be used by applicant and staff pre-application and post-application to provide real-time notifications to residents on the status of their application and missing items that are still outstanding. This solution can also be used to provide residents with feedback and the relevant information for outside agencies like the Santa Clara Fire and Environmental Health Services Departments for fire and septic reviews needed to respond to those agency’s applicant processes.

Theme 3) Comparative Analysis of Local Municipalities Zoning Ordinances: The Town will complete a comparative analysis of similar municipalities to Los Altos Hills with regards to zoning, topography, and population. This will enable staff to understand how the Town’s zoning regulations differ and how the municipal code can be altered to enable easier permitting and construction rules.

OTHER OPTIONS TO CONSIDER
Theme 2) Liaison or Ombudsmen Role: Residents reflected on the lack of coordination between participating agencies and the passing of responsibility which frequently extended project timelines. The Town could employ a Liaison or Ombudsmen whose role entails being the point person between agencies and helping direct residents and staff to the correct person and office for each planning stage. This could be supplemented by additional Permit Technician staffing.

Theme 2) Interagency Coordination: Having other agency staff present at Town Hall.

Theme 2) Committees: Review committee participation in the development process.

Committee involvement adds approximately two months to the planning application process.

It is the CDD’s recommendation that the City Council consider all or some mixture of these concepts, setting clear priorities to help direct staff action and to help alleviate many common frustrations within the application process. These employ a blend of short and long-term operational tools and improvements based on the feedback received from the listening session.

We suggest these items be considered as part of the City Council Work plan for 2026-2027. 2024-25 CITY COUNCIL WORK PLAN:

Some of these concepts are part of the existing Work Plan through technology upgrades while others are forecasted to be part of the 2025-26 City Council Work Plan under follow to the CDD listening session for process improvement.

FISCAL IMPACT:

ITEM 6A STAFF REPORT

City Council
Community Development Department Listening Session
November 20, 2025
Fiscal impact will be assessed when individual items require support from third party vendors, either software or consultant support.

ATTACHMENTS

1. Options for Response to Feedback from CDD Listening Session ITEM 6A STAFF REPORT

Attachment 1
Options for Response to Feedback from the Community Development Listening Session
Operations
- Appointments with Town staff (Calendly or similar booking system) - Responses to inquiries (voicemails)
- Inaccessibility of information
- Accountability to the plan review process
- Resident feedback via surveys
- Clearer directions for submission (detailed checklist of FAQs) - Automated data sets and templates for residents
- AI workflow tool support
Policy
- Resident feedback via surveys
- AI workflow tool support
- Yearly listening sessions
- Liaison or Ombudsmen role
- Interagency coordination
- Committees
Process
- Comparative analysis of local municipalities zoning ordinances ITEM 6A ATTACHMENT 1

ITEM 7A
TOWN OF LOS ALTOS HILLS NOVEMBER 20, 2025
Staff Report to the City Council
SUBJECT: WAIVER OF READING AND INTRODUCTION OF AN ORDINANCE AMENDING TITLE 4, CHAPTER 1 “EMERGENCY ORGANIZATION
AND FUNCTION,” TITLE 2, CHAPTER 4 “PURCHASING SYSTEM,”
AND TITLE 6, CHAPTER 5 “NUISANCE ABATEMENT” OF THE LOS

ALTOS HILLS MUNICIPAL CODE TO ADD A NEW MANAGEMENT

POSITION AND RESPONSIBILITIES, REVISE AND REMOVE

OUTDATED PROVISIONS, AND ESTABLISH NEW AUTHORITY AND

PROCEDURES FOR EMERGENCY RESPONSE
FROM: Joram Parcutilo, Management Analyst JP
APPROVED: Cody Einfalt, Acting City Manager CE
RECOMMENDATION: That the City Council:

1. Waive reading and introduce an Ordinance (Attachment 1) Amending Title 4, Chapter 1 (“Emergency Organization and Function”), Title 2, Chapter 4 (“Purchasing System”), and Title 6, Chapter 5 (“Nuisance Abatement”) of the Los Altos Hills Municipal Code to:
a. Add a new management position and responsibilities;
b. Revise and remove outdated, terms, memberships and bodies that no longer reflect the Town’s structure; and
c. Add new authority and procedures to ensure effective emergency management and compliance with state law.

BACKGROUND:

State law provides the Town discretion to establish emergency organization and assign duties to fulfill emergency organization roles. Title 4, Chapter 1 of the Los Altos Hills Municipal Code was originally adopted to establish the Town’s emergency organization and define procedures for responding to disasters. While effective at the time of its adoption, the provisions have not been comprehensively updated within the last few years.

As a result, several elements of the ordinance are outdated, redundant, or inconsistent with current Town policies and procedures. Since the ordinance was last updated, significant changes have occurred at state, regional, and local levels that affect how the Town must organize for emergencies.

The current ordinance includes references to positions, memberships, and structures (such as the “Citizen Corps Council”) that are no longer in use. These outdated references create confusion and may impede effective emergency response. In response to these gaps, staff has prepared a comprehensive update to Title 4, Chapter 1. The revisions are intended to:

1. Modernize the Town’s emergency organization to reflect current best practices;

Staff Report to City Council
Ordinance Amending the Municipal Code to Modernize Emergency Management Structure November 20, 2025 2

2. Remove outdated structures and obsolete terminology; and

3. Clarify the authority of the mayor, the Director of Emergency Services and staff to act swiftly and legally during an emergency.

In 2025, staff in coordination with the Town’s Emergency Management Consultant, the City Attorney’s Office, and the Town’s Emergency Preparedness and Response Committee took the proactive approach in reviewing the current Municipal Code and made steps in updating the code.

This ordinance will ensure that the Town of Los Altos Hills is legally compliant, operationally prepared, and better positioned to protect the community in the event of a disaster.

DISCUSSION:

Town Staff, the City Attorney’s Office, and the Town’s Emergency Management Consultant completed review of the Municipal Code in October 2025. A redline version showing which portions of the current Code were updated is included with this report (Attachment 2).

Staff presented the proposed changes to the Town’s Emergency Preparedness and Response Committee (EPRC) to provide an update and receive confirmation to move forward with the proposed changes. An executive summary was presented during the September EPRC meeting (Attachment 3) and in October, EPRC reviewed the changes and made a motion to approve the final red-line changes (Attachment 4). The EPRC then recommended moving forward with the Council to adopt these changes. Staff is now moving forward with introducing the proposed ordinance amendments at the November 20, 2025 City Council Meeting.

The proposed ordinance amendments to Title 4, Chapter 1 focus on three major areas of improvement:

1. Add New Position and Responsibilities
The existing ordinance does not fully reflect the organizational structure identified in the Town’s Emergency Operations Plan (EOP). Specifically, there is no clear recognition of modern emergency management positions or functions that are essential for compliance with the Standard Emergency Management System (SEMS) and the National Incident Management System (NIMS).

The ordinance would add the following position:
• Emergency Manager – responsible for the day-to-day administration of the Office of Emergency Services while also supporting and implementing a comprehensive disaster and emergency preparedness program that includes education and community engagement.

The ordinance would add responsibilities to the following position:
• Assistant Director of Emergency Services – prepares the Emergency Operations Plan and other emergency plans, manages the emergency programs within the Town, and succeeds the Director of Emergency Services if the Director is unavailable.

Staff Report to City Council
Ordinance Amending the Municipal Code to Modernize Emergency Management Structure November 20, 2025 3
*One thing to note is that due to the Town’s small staff size, there may be times in the event of an emergency in which a staff member will hold multiple positions until adequate staff can be reached.

2. Revise and Remove Outdated Terms, Memberships and Bodies The current ordinance includes references to terms, positions and bodies that are no longer accurate, functional or necessary. Specifically, it uses an outdated reference to the Americans with Disabilities Act (ADA) for integrated emergency planning and older definitions for different types of emergencies. It also establishes a Los Altos Hills Disaster Council composed of local officials and community members. Under Government Code Section 8610, cities are permitted to establish local disaster councils by ordinance. While relevant at the time of adoption, the composition of this Disaster Council is outdated. There are positions and groups in the Disaster Council that no longer have any practical relevance within the Disaster Council Membership. Retaining these outdated references creates confusion about roles and responsibilities during an emergency. The ordinance would update and streamline the Municipal Code to ensure that the Town’s emergency organization reflects only those positions that are active, accountable, and integrated into modern emergency management systems.

The ordinance would update the integrated emergency planning section with current ADA language.

The ordinance would update the definitions for the following terms:
• Local emergency
• State of emergency
• State of war emergency
The ordinance proposes the following modifications to the Los Altos Hills Disaster Council:
• Appoint the Assistant Director of Emergency Services as vice chair. • Remove representatives of civic, business, institutional, non-profit, or other organizations having an official emergency responsibility.

The ordinance would remove the following outdated bodies and terms:
• Los Altos Hills Citizen Corps Council
• Los Altos Hills Emergency Communication Committee
• Ham Radio training

3. Add New Authority and Procedures
The ordinance also strengthens and clarifies the authority of the Mayor and the Director of Emergency Services, and the procedures to be followed during an emergency. It also makes related updates in Title 2, Chapter 4 and Title 6, Chapter 5. Key updates include:
• Emergency Chief Executive Powers – Pursuant to Government Code Section 38791, the Mayor is authorized to exercise all constitutional and general law police powers only during extreme disasters such as extraordinary fire, flood, storm, epidemic, earthquake, sabotage, or enemy attack.
• Clarified Authority to Proclaim Local Emergency – The Director of Emergency Services (City Manager) is already authorized to proclaim a local emergency when the

Staff Report to City Council
Ordinance Amending the Municipal Code to Modernize Emergency Management Structure November 20, 2025 4
City Council is not in session, subject to ratification by the City Council within the timeframe required by California Government Code §8630. The ordinance would clarify that the Director would also be authorized to proclaim a local emergency when the City Council is otherwise unable to convene.
• Emergency Contracting Procedures – Municipal Code Section 2-4.01 is updated pursuant to Public Contract Code Section 22050, to authorize the Town to undertake emergency contracting with authority delegated to the Director of Emergency Services. • Emergency Building Abatement Procedures – Municipal Code Section 6-5.01 is updated to include emergencies as instances of nuisances that may require building abatement.
• Succession of Authority – The ordinance updates a clear line of succession when the Director is unavailable. This ensures continuity of leadership during critical incidents when immediate decision-making is required.
• Emergency Operations Center (EOC) Procedures – Provisions are added to update who may activate the EOC.

Together, these updates provide the Town with a modernized and legally sound framework for emergency response, ensuring that officials can act quickly, effectively, and in coordination with regional and state partners. The proposed ordinance is included as Attachment 1.

ANALYSIS:

If adopted, the proposed ordinance would represent a comprehensive modernization of the Town’s emergency management framework. The analysis below highlights the key benefits and considerations:
• Legal Compliance – The amendments bring the Municipal Code into alignment with CESA, SEMS, and NIMS, ensuring the Town is compliant with state and federal requirements. This compliance is critical both for legal defensibility of emergency actions and for eligibility to receive disaster recovery funding. • Operational Efficiency – By eliminating outdated positions and streamlining organizational responsibilities, the Town reduces redundancies and potential confusion during emergencies.
• Authority and Responsiveness – Clear delegation of authority to the Director of Emergency Services, with provisions for succession, ensures that decision-making is not delayed during a disaster. This provides the Town with the ability to act quickly while maintaining Council oversight through ratification procedures. • Regional Integration for Mutual Aid and Multi-Agency Coordination – The ordinance better positions the Town to coordinate with the Los Altos Hills County Fire District, Santa Clara County Fire Department, and neighboring jurisdictions. This integration is essential during large-scale incidents where mutual aid and multi-agency coordination are required.
• Community Resilience – Ultimately, the ordinance enhances the Town’s ability to protect lives, property, and infrastructure by establishing a clear, updated, and effective emergency management structure. This strengthens public confidence and provides residents with assurance that the Town is prepared to respond to both natural and human-caused disasters.

Staff Report to City Council
Ordinance Amending the Municipal Code to Modernize Emergency Management Structure November 20, 2025 5
Overall, the proposed amendments strike a balance between clarity, flexibility, and accountability, ensuring the Town’s emergency organization is both modern and practical.

ENVIRONMENTAL REVIEW:

The proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Amendments to the Municipal Code do not create any physical changes, approve any projects, or alter any environmental or land uses and therefore does not have the potential or possibility to create significant environmental effects. As such, the proposed Ordinance is exempt from CEQA. 2024-2025 CITY COUNCIL WORK PLAN:

Although updating Title 4, Chapter 1 of the Municipal Code and related updates in Title 2, Chapter 4 and Title 6, Chapter 5 were not identified as one of the Council’s priorities for the 2024-2025 workplan, staff and the Town’s Emergency Management Consultant took the proactive approach to update the code now to ensure that in the event of an emergency, the Town had a modernized and legally sound framework for emergency response.

FISCAL IMPACT:

There is no direct fiscal impact associated with adoption of the ordinance. Implementation of the updated framework will be handled within existing staff resources, and certain activities may be eligible for state or federal reimbursement during disaster response and recovery.

ATTACHMENTS:

1. Ordinance Amending Emergency Management, Purchasing System, and Nuisance Abatement

2. Exhibit A to the Ordinance – Proposed Amendments to Chapter 1 of Title 4, Chapter 4 of Title 2, and Chapter 5 of Title 6 of the Town of Los Altos Hills Municipal Code

3. Emergency Preparedness and Response Committee September 2, 2025: Regular Meeting Minutes

4. Emergency Preparedness and Response Committee October 7, 2025: Regular Meeting Minutes

ITEM 7A Attachment 1
ORDINANCE ______
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 4, CHAPTER 1 “EMERGENCY ORGANIZATION AND FUNCTION,” TITLE 2, CHAPTER 4 “PURCHASING SYSTEM,” AND TITLE 6, CHAPTER 5 “NUISANCE ABATEMENT” OF THE LOS ALTOS HILLS MUNICIPAL CODE TO MODERNIZE THE TOWN’S EMERGENCY MANAGEMENT STRUCTURE, REVISE AND REMOVE

OUTDATED PROVISIONS, AND ESTABLISH NEW AUTHORITY AND

PROCEDURES FOR EMERGENCY RESPONSE
WHEREAS, Title 4, Chapter 1 of the Los Altos Hills Municipal Code (“Emergency Organization and Function”) was adopted to establish the Town’s emergency organization and define procedures for disaster response; and
WHEREAS, the Ordinance has not been comprehensively updated in several years and contains outdated provisions, redundant terminology, and references to positions or bodies, such as the “Los Altos Hills Citizen Corp Council,” that are no longer functional or consistent with the Town’s current structure; and
WHEREAS, since the last update of the Ordinance in 2018, significant changes at the state, regional, and local levels, including the requirements of the California Emergency Services Act (CESA), the Standardized Emergency Management System (SEMS), and the National Incident Management System (NIMS), have reshaped the standards for municipal emergency preparedness and response; and
WHEREAS, the proposed amendments modernize the Town’s emergency management framework by introducing new organizational positions that reflects functions necessary to comply with CESA, SEMS and NIMS, specifically the Emergency Manager role; WHEREAS, the proposed amendments revise and remove outdated terms, memberships, and bodies, such as updating the integrated emergency planning section with current Americans with Disability Act language; updating the definitions of “local emergency,” “state of emergency,” and “state of war emergency” to be consistent with CESA; updating the positions and memberships within the Los Altos Hills Disaster Council; and removing the Los Altos Hills Citizen Corps Council;
WHEREAS, the proposed amendments strengthens and clarifies the authority of the Mayor and the Director of Emergency Services by authorizing the Mayor to have emergency chief executive powers only during extreme disasters, convene the Los Altos Hills Disaster Council in the event the Chair is unavailableand clarifying the authority of the Director to proclaim a local emergency when the City Council is otherwise unable to convene; WHEREAS, the proposed amendments enhances the Town’s operational readiness and legal compliance by adding responsibilities for the Assistant Director of Emergency Services, updating the line of succession when the Director of Emergency Services is unavailable, and updating who may activate the Emergency Operations Center; WHEREAS, the additional proposed amendments in Title 2, Chapter 4 and Title 6, Chapter 5 authorizes emergency procedures such as emergency contracting pursuant to Public

Contract Code Section 22050 and building abatement during emergencies, which are among any preventative measure that the Town may take to protect and preserve public health during emergencies under Health and Safety Code Section 101475; WHEREAS, adoption of this proposed Ordinance will improve the Town’s ability to coordinate with regional partners, streamline its emergency structure, and strengthen community resilience while ensuring consistency with state and federal law; WHEREAS, on XXXXX, the City Council conducted a duly noticed public hearing to consider the proposed Ordinance. At the public hearing, the City Council considered all evidence and testimony presented before it and all interested parties were provided an opportunity to be heard.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:

SECTION I. FINDINGS.

Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:

1. All of the facts and recitals above are true, correct, incorporated herein, and made a part hereof.

2. Based on the entirety of the record before it, the City Council hereby finds that this proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Under Section 15061(b)(3), CEQA applies only to projects that have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed amendments do not create any physical changes, approve any projects, or alter any environmental or land uses and therefore does not have the potential or possibility to create significant environmental effects. As such, the proposed Ordinance is exempt from CEQA.

3. The proposed Ordinance is consistent with and supports the Los Altos Hills General Plan by enhancing the Town’s ability to provide quick, coordinated responses to emergencies under Goal 7 of the Safety Element.

SECTION II. AMENDMENT.

Chapter 1 of Title 4, Chapter 4 of Title 2 and Chapter 5 of Title 6 of the Town of Los Altos Hills’ Municipal Code, are hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

SECTION III. SEVERABILITY.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall

continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall become effective thirty (30) days from and after its adoption.

INTRODUCED: ______________, 2025
PASSED: _______________, 2025
AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney

ITEM 7A Attachment 2

EXHIBIT A
SECTION I. Revisions to “Emergency Organization and Function” of Title 4, Chapter 1 The following sections in Title 4, Chapter 1 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. § 4-1.01. Purposes.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, property and environment within the Town in the event of an emergency, the direction of the emergency organization, and the coordination of the emergency functions of the Town with all other public agencies, corporations, organizations and affected private persons.
§ 4-1.01.1. Inclusion.

In accordance with Title II of the Americans with Disabilities Act ("ADA," Pub. L. 101-336), an integrated approach to emergency planning shall be taken to provide people with disabilities and others with access and functional needs the same opportunities to benefit from emergency programs, information, services and activities as people without disabilitiesthose provided to others.
§ 4-1.02. Definitions.

Emergency, as used in this chapter, means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons, property and environment within or affecting the Town caused by such conditions as air pollution, drought, earthquake, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, sudden and severe energy shortage, technological interruptions, the Governor's warning of an earthquake or volcanic prediction, or other conditions including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities, requiring the combined forces of other political subdivisions to combat.

Emergency services mean the preparation and carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disaster. It shall not include preparation for any conditions relating to a labor controversy.

Local emergency means the duly proclaimed, actual or threatened, existence of conditions of disaster or of extreme peril to the safety of persons, property and environment, within or affecting the territorial limits of the Town, which are, or are likely to be, beyond the control of Town services, personnel, equipment and facilities and requiring the combined forces of other public agencies to combat. Conditions may include air pollution, cyberterrorism, deenergization event, drought, earthquake, electromagnetic pulse attack, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, storm, sudden and severe energy shortage,

technological interruptions and conditions such as, the Governor's warning of an earthquake or volcanic prediction, or other conditions including conditions resulting from war or imminent threat of war. "Local emergency" does not include, nor does any provision of this chapter apply to, any conditions resulting from a labor controversy.

State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons, property, and environment within or affecting the State caused by such conditions as air pollution, cyberterrorism, deenergization event, drought, earthquake, electromagnetic pulse attack, epidemic, fire, flood, human acts, plant or animal infestation or disease, riot, severe weather, storm, sudden and severe energy shortage, technological interruptions, the Governor's warning of an earthquake or volcanic prediction, or other conditions, which conditions, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat. "State of emergency" does not include, nor does any provision of this chapter apply to, any conditions resulting from a labor controversy or conditions causing a "state of war emergency." State of war emergency means the condition that exists immediately, with or without a proclamation thereof by the Governor, whenever this State or Nation is attacked by an enemy of the United States or upon receipt by a sthe State of a warning from the Federal government indicating that such an enemy attack is probable or imminent. § 4-1.03. Emergency organization.

All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 4-1.05(c)(3) of this chapter, be charged with duties incident to the protection of life, property and environment during such emergency, shall constitute the emergency organization of the Town of Los Altos Hills. § 4-1.04. Director, and Assistant Director of Emergency Services, and Emergency Services Manager.
(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. The Director shall oversee the Office of Emergency Services.
(b) There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director. In the absence or incapacity of the Director, the Assistant Director of Emergency Services shall also have the day-to-day responsibility for the management and operation of the Office of Emergency Services. The Assistant Director shall exercise all powers vested by this chapter in the Director.
(c) There is hereby created the position of Emergency Manager, who shall be appointed by the Director.
§ 4-1.05. Powers and duties of the Director, and Assistant Director of Emergency Services, and Emergency Services Manager.

It shall be the duty of the Director of Emergency Services, and he/she is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
(a) The Director of Emergency Services or acting Director (if the Director is unavailable) is hereby empowered:
(1) To request the City Council to proclaim the existence or threatened existence of a "local emergency" if the governing body is in session, or to issue such proclamation if the City Council is not in session or otherwise unable to convene. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
(2) To request that the Governor through appropriate channels proclaim a state of emergency when, in the opinion of the Director, Assistant Director or acting Director, the resources of the Town are inadequate to cope with an emergency. (3) To represent or provide representation of the Town in all dealings with public or private agencies pertaining to civil preparedness in the event of an emergency. (4) Control and direct the effort of this emergency organization for the accomplishment of the purposes of this chapter.
(5) Direct cooperation between and coordination of services and staff of this emergency organization; and resolve questions of authority and responsibility that may arise between them.
(b) The Assistant Director shall, under the supervision of the Director and with the assistance of Disaster Council representatives, prepare the Emergency Operations Plan and emergency plans and manage the emergency programs of this jurisdiction; and shall have such other powers and duties as may be assigned by the Director.
(c) The Emergency Manager shall be responsible for supporting and implementing a comprehensive disaster and emergency preparedness program, including education and community engagement, and shall have authority over the day-to-day administration and operations of the Office of Emergency Services. The Emergency Manager may designate qualified staff or agents to assist in carrying out these responsibilities as necessary. (c)(d) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Secretary of the California Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of life, property and environment as affected by the emergency; provided, however, that the rules and regulations must be confirmed at the earliest practicable time by the City Council;

(2) Obtain vital supplies, equipment and other properties found lacking and needed for the protection of the life, property and environment of the people, and bind the Town for the fair value thereof and if required immediately, to commandeer the same for public use;
(3) Require emergency services of any Town officer or employee and, in the event of the proclamation of a state of war emergency or a state of emergency by the Governor in the region in which this Town is located, to command the aid of as many members of this community as are deemed necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
(4) Requisition necessary personnel or material of any Town department or agency; (5) Execute all ordinary power as City Manager, all of the special powers conferred by this chapter or by resolution or eEmergency Operations pPlan adopted pursuant hereto, and all powers conferred upon the Director by any statute, agreement approved by the City Council, or by any other lawful authority. (d)(e) The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform duties during an emergency. The order of succession shall be:
(1) City Manager or their designee;
(2) Public Works Director;
(3) Planning Director;
(4) Administrative Services Director;
(5) City Clerk;
(6) Other employees designated by the City Manager;
(7) Most senior elected official with required National Incident Management Systems (NIMS) training.
§ 4-1.06. Disaster Council membership.

The Los Altos Hills Disaster Council shall consist of the following:
(a) The Director of Emergency Services who shall be chair. (b) The Public WorksAssistant Director of Emergency Services who shall be the vice chair. (c) The Public Works Director.
(c)(d) The Mayor, or City Council designee, who shall be the liaison. The Mayor may convene the Council in the event the Chair is unavailable.
(d) The Assistant Director of Emergency Services.

(e) Such chiefs of emergency services as are provided for in a current eEmergency oOperations pPlan of this jurisdiction, adopted pursuant to the ordinance codified in this section. (f) Such representatives of civic, business, institutional, non-profit, public, or other organizations having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. § 4-1.07. Disaster Council powers and duties.
(a) It shall be the duty of the members of the Los Altos Hills Disaster Council, and they are hereby empowered, to engage in emergency response and recovery planning; to review and provide input on emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
(b) The Director of Emergency Services shall advise the Disaster Council with regard to the preparation and maintenance of the Emergency Operations pPlan in whole or in part. (c) The Disaster Council shall develop and maintain strategic emergency planning partnerships with other local agencies.
(d) The Disaster Council shall comply with the California Emergency Services Act and abide by the California Disaster and Civil Defense Master Mutual Aid Agreement. (e) The Disaster Council, accredited by the State of California, is empowered to register and direct the activities of disaster service worker (DSW) volunteers within the sphere of influence of the Town.
(f) The Disaster Council agrees to follow established rules and regulations relating to the various classes of disaster service workers, scope of duties of each class, and manner of registration pursuant to the provisions of Government Code Section 8585.5. (g) The Disaster Council will also serve as the Los Altos Hills Citizen Corps Council withhave the following additional responsibilities:
(1) Approve DSW volunteer training and planning to ensure compliance with current DSW regulations and guidelines.
(2) The Assistant Director of Emergency Services will coordinate Community Emergency Response Team (CERT) training and exercises with the Los Altos Hills County Fire District, Ham Radio training with the Los Altos Hills Emergency Communication Committee (ECC) and other DSW volunteer training, as identified. (3) The City Manager, City Clerk, Assistant Director of Emergency Services, CERT Coordinator, Emergency Communications Committee Chair or others as designated by the City Manager or their designee shall be the Authorized Representative(s) for the registration form processing of DSW volunteers Disaster Service Workers. The City Manager, City ClarkClerk and Assistant Director of Emergency Services and shall review and approve volunteer training activities, as necessary, when the Disaster Council is not in session.

(4) Self-certification of DSW volunteers may occur under two circumstances. (i) During proclaimed emergencies, when monitored and screened by the Director of Emergency Services, an authorized representative identified in subsection (g)(3) or the CERT Incident Commander and CERT General Staff may administer self-certification volunteer DSW volunteer registration forms for spontaneous volunteers.
(ii) During approved Santa Clara County Fire Department (SCCFD) CERT Academy classes or refresher classes when monitored and screened by SCCFD employee CERT instructors.
(h) The Disaster Council shall meet upon call of the chair or, upon call of the vice chair (in the absence of the chair).
§ 4-1.08. Emergency Operations Plan.
(a) The Town of Los Altos Hills has adopted the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS) as the prevention, preparedness, mitigation, response and recovery framework for the Emergency Operations Plan.
(b) The Los Altos Hills Disaster Council shall be responsible for the development of the Emergency Operations Plan (Plan), and Annexes specific to the Plan as identified, which shall provide for the effective mobilization of all of the resources of this jurisdiction, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization.
(c) The pPlan shall also identify the sources of outside support which might be provided (through mutual aid and specific statutory authorities) by other jurisdictions, State and Federal agencies, and the private sector.
(d) Such pPlan shall take effect upon adoption by resolution of the City Council. (e) The pPlan may be activated by any of the following Town representatives:
(1) Those listed in Section 4-1.05(d)(f) under the Director of Emergency Services Order of Succession.
(2) Any City Councilmember with required NIMS training. (3) Any Emergency Communications Committee volunteer with required NIMS training.
(4)(2) Any CERT supervisor with required NIMS training. § 4-1.09. Preservation of local government during an emergency—Succession.

In order to preserve local government during an emergency, the City Council shall meet as soon as possible, ascertain the damage incurred as a result of the emergency, and fill vacancies with

standby officers of the Council, as prescribed by California Government Code Sections 8635 through 8644.

In the absence of a quorum, remaining council member(s) shall determine the availability of missing council members and fill seats with standby officers. Standby officers of the Council are the former members of the Council, beginning with the immediate past Ccouncil members, and then to prior years, beginning with the most recent.
…
§ 4-1.12. Emergency Chief Executive Powers.

In accordance with California Government Code Section 38791, during periods of great calamity, such as extraordinary fire, flood, storm, epidemic, earthquake, sabotage or enemy attack, the mayor shall have complete authority over the Town and the right to exercise all police power vested in the Town by the Constitution and general laws.
§ 4-1.13. Mutual Aid.

Emergency plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the county operational area. § 4-1.14. Emergency Contracting Procedures.

The Town shall undertake emergency contracting as described in § 2-4.01(b) in accordance with California Public Contract Code Section 22050. The Director of Emergency Services is delegated authority to order any action pursuant to Section 22050. § 4-1.15. Emergency Building Abatement Procedures.

The Town shall undertake emergency building abatement as described in § 6-5.

SECTION II. Revisions to “Purchasing System” of Title 2, Chapter 4 The following sections in Title 2, Chapter 4 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. § 2-4.01. Purchases on behalf of Town—General rules.
(a) City Manager as Purchasing Agent. The City Manager shall have full authority to purchase or provide for the purchase of all materials, supplies, services, and equipment for the use of all departments, commissions, and boards comprising the Town government, in accordance with the provisions of this chapter, except articles required by the state codes to be purchased otherwise.
(b) Emergency Purchasing and Contracting. No purchase of an article, service or thing shall be made by any department head independently of the City Manager except in cases of immediate emergency that occur when the office of the City Manager is not open for the

conduct of the City's business. In such instances, the department head may make the necessary emergency purchase and shall report the same in writing to the City Manager within 24 hours, accompanied by a definite statement of the occasion and reasons for such emergency purchase. In the case of an emergency, the City Manager may undertake contracting procedures in accordance with the provisions of California Public Contract Code Section 22050.
(b)(c)Prohibition on Splitting Procurement. Under no circumstances may any procurement or purchase contemplated in this chapter be split or separated into smaller components to avoid procurement or purchasing procedures and/or determine the awarding authority. …
§ 2-4.03. Open market orders for purchases and procurements of $60,000 or less.

All purchases or procurements of professional and facility services, public projects, supplies, materials, equipment, or other personal property, the cost of which is $60,000 or less, may be made in the open market without newspaper advertisement. When deemed appropriate by the City Manager, open market purchases shall be based on at least three competitive bids or quotes and shall be awarded on the basis of the bid most advantageous to the Town. The City Manager may solicit bids directly from prospective vendors by mail, email, or by telephone. The City Manager shall keep a record of all open market orders and bids submitted thereon which shall be open to public inspection. Public projects of $60,000 or less may be performed by the employees of the Town by force account or may be performed by negotiated contract. Notwithstanding the provisions of this section, procurement of public projects as defined in the California Public Contracts Code shall comply with all applicable provisions of the Public Contracts Code. § 2-4.04. Formal and informal procedures for the purchase and procurement of goods, services, and public projects in excess of $60,000.
…
(b) Procurement of Public Projects.
(1) Informal Bid Procedures for Procurement of Public Projects. In accordance with Public Contract Code Sections 22032 and 22034, for the procurement of public projects $200,000 or less, the Town shall engage in the following procedures:
(i) Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contracts Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (ii) Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the contractor list, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contracts Code. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar

days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided, however:
…
SECTION III. Revisions to “Nuisance Abatement” of Title 6, Chapter 5 The following sections in Title 6, Chapter 5 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. § 6-5.01. Definition of nuisance.

Nuisance means anything which (1) is injurious or threatening to health or safety, (2) obstructs the customary free use or passage of any stream, park, street, pathway, public easement, or highway, or (3) is specifically declared by this Code or state law to be a nuisance. Examples of a nuisance include, but are not limited to:
(a) Any explosives, flammable liquids or hazardous materials which are stored in a manner or an amount contrary to state law or this Code;
(b) Any building or structure which is made, erected, altered, maintained, partially destroyed or abandoned, including such instances due to an emergency as defined in §4-1.02, or contrary to state law or this Code;
…
§ 6-5.06. Other remedies.

Nothing in this chapter shall affect, prevent or prejudice any other remedy or penalty, civil or criminal, for the creation or maintenance of a nuisance. Nothing in this chapter shall prohibit the summary and immediate abatement of a nuisance upon the order of the City Council or any Town officer as authorized by law if the Council or officer determines that the nuisance constitutes an immediate threat to the public health or safety, including a nuisance necessitated by an emergency as defined in §4-1.02.

ITEM 7A Attachment 3
Town of Los Altos Hills Emergency
Preparedness and Response Committee
Regular Meeting Minutes, Tuesday, September 2nd, 2025 @ 6:00 pm. PDT Public Documents Folder (minutes & agenda)

1. Call to order (start recording) [6:00 pm]
The meeting was called to order by Chair Harter at 6:11pm

2. Roll call of EPRC members [6:15 pm]
Voting Member Status Comment
(S) Amita Sachdeva Present
Ben Gikis Present
(VC) Dave Stewart Remote
(C) Phil Harter Present
Rob Singh Present
Sam Wood Present
Terry Kearney Present
With 6 of 7 voting members attending, a quorum was present.

2025-09-02 EPRC Draft Minutes Page 2
Associate Member Status Comment
Andy Kirk Not Present
Bill Lattin Not Present
Bill Ralston Remote
David Gilmour Not Present
Neil Katin Remote
Victoria Bebee Remote
Other attendees
Name Comment
Rajiv Bhateja LAH Council Liaison
Jay Bradford LAH Community Development Director
Victoria Bebee LAH Town Emergency Manager Liaison
Denise Gluhan LAHCFD Liaison
Cody Einfalt LAH Deputy City Manager
Joram Parcutilo LAH Management Analyst
Katy Servanti CERT Member/LAH Town Resident
Neal Mielke Firewise Member/LAH Town Resident

2025-09-02 EPRC Draft Minutes Page 3

3. Public comment on subjects not on the agenda

4. EPRC Chair Remarks (Harter)
● 2 year cycle coming up on goals/priorities - make a decision on how to proceed so we can bring to City Council
● Update on Fire Ordinances for Town Discussion
● Update on Emergency Operations Plan/Wildfire Mitigation

5. Approve Previous Meeting Minutes
6 yes, 0 no, 0 abstain. Motion Approved

6. General and Invited Reports and Q&A (30 minutes)

6.1 Discussion & presentation on update of Town’s Emergency Operations Plan with Joram Parcutilo and Victoria Bebee. ● Municipal Code being reviewed by Joram & Victoria
● Updated references – LAH Citizen Corp
Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x
Dave Stewart x
Phil Harter x
Rabindra Singh x
Sam Wood X x
Terry Kearney X x

2025-09-02 EPRC Draft Minutes Page 4
● Ordinance is currently outdated
● Key Updates:
○ New positions & structure – align w/ Town’s EOP
○ Recognizes modern emergency roles including Asst. Director of Emergency Services
○ Removal of Outdated Services: removes obsolete groups & terminology ○ Streamlines organization to active & accountable positions only ○ New authority & procedures: authority for Dir of Emergency Services to proclaim a local emergency
○ Defines emergency operation center procedures
○ Grants authority for temporary emergency regulations (curfews, evacuations) ○ Mutual aid clause missing on municipal code
● Question on where EPRC stands here
○ EPRC in our charter is that we are an advisory committee and not a response committee (Kearney).
○ Town is currently looking at Cupertino & Mountain View ○ Bill Ralston recommends looking at Portola Valley & Morgan Hill ○ Are there any changes to our Ops plan based on Joram & Victoria’s proposal? ■ No - looking for comments and advisory help

6.2 Discussion & Presentation on progress of fire ordinances.

Report covering different aspects under consideration, including work by the town staff. (Stewart & Bebee)
● Site development/landscaping has subsections for erosion, noise, screening, etc, but nothing on wildfire preparedness
● Ordinance focuses on protecting every tree
● Recommendations: adopt CA Building Code R337 for all new construction across LAH, not just in higher fire severity areas. (Included maps on Altadena) ● Add wildfire, storm, & evacuation considerations to Site Development. Change focus from “save every tree” to “promote emergency planning”
● Standard currently applies to high and very high fire severity - we can expand it to include all areas (Bradford)
● Heritage Oak ordinances - current ordinance
● Recommendations: change heritage oaks definition to 113 inch circumference (approx 36 inch diameter)
○ Allow owners to thin or remove newly non-heritage trees ○ Follow defensible space guidelines (especially zone 0 hardening, prevent crown fire propagation)
○ Prevent branch & tree falls during storms, especially if blocking evacuation routes ● Easy addendum to Fencing

2025-09-02 EPRC Draft Minutes Page 5
○ Ordinance 10-1.507 establishes requirements for “Fences, walls, gates & columns”
○ Recommendation: add requirement that non-combustible fencing be required within 5 feet of structures. Congruent with upcoming Zone 0 requirements.

Motion to propose to council:

1. Adopt CA Residential Code R337 for all new construction across LAH, not just in higher fire severity areas

2. Change Heritage Oak Definition to 113 inch circumference (approx 36 inch diameter)

3. Add a requirement that combustible fencing not come within 5 feet of structures or overhangs (eves) of structures. Allow non-combustible fencing within 5 feet.
6 yes, 0 no, 0 abstain. Motion Approved

6.3 Discussion on wildfire mitigation programs with Jay Bradford and Victoria Bebee.
● Fire Risk Reduction Community (Denise)
● LAHCFD will submit their application this year 2025
Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x x
Dave Stewart x
Phil Harter x
Rabindra Singh x
Sam Wood x
Terry Kearney x x

2025-09-02 EPRC Draft Minutes Page 6
● Fire District will be applying as a special district
● Special District, Tribal Nation is how the Fire District will apply ● Application is due October 1, 2025
● Main benefit - if you apply for grants, it goes directly to the grant process and skips the application.
● Rate reduction benefit
● Recommend from Town’s perspective to recommend for 2027 cycle - we are waiting on the safety element in order to submit
● Safety element is one of the issues for the Town
● Work in prior discussions will inform this decision, will need to have number of criteria to be met first
● Adoption of local recommendation that exceeds local fire mitigation (example, Dave’s recommendations to the Town)
● Adoption of defensible space rules, heightened regulations, apply zoning regulations that apply fire mitigation, or adopt comprehensive retrofit list ● Providing multiple jurisdictional county mitigation lists ● Denise recommends the 100 foot designation for all properties (which is now standard for all unincorporated)

6.4 Discussion on EPRC Priorities & Goals for 2026-2027 with Chair Harter
● Town Plans & Required Documents
● Wildfire Mitigation
● Mass Notification
● Community Outreach
● Medical Response to Emergencies/Disasters
● Radio Communications - Support training for Emergency Communicators in HAM club ● Other
Dave, Phil & Terry suggest that the Town hire a full-time Emergency Manager. EPRC cannot achieve its goals and priorities without the full support of an Emergency Manager Rajiv: Town of LAH is not wealthy, even if residents are wealthy. We get 6.6% of tax for every dollar, vs. the Fire District which gets 12%. They have $13M to spend a year on all Town related needs. Budgetary limits restrict the possibility to achieve all of EPRC goals/support.

Looking to start a nonprofit where affluent residents can donate to, which can be used for the Town.

Phil: Agrees that the Town has limited money, but we can better allocate our funds to properly pay for an Emergency Manager. We can raise money by other means including taxes.

Bradford: Need to have priorities/goals set by October/November to present to Council

7. Town and Fire District Reports

7.1 Town Council Liaison Report (Bhateja)

2025-09-02 EPRC Draft Minutes Page 7

7.2 City Manager's Report (Pirnejad/Einfalt)

7.3 District Liaison Report (Gluhan)
Link to presentation

7.4 Town Emergency Manager’s Liaison Report (Bebee)

8. EPRC Subcommittee Reports

8.1 Community Outreach (Sachdeva)
● Town Hoedown - Saturday, 9/6
● Touch a Truck - Saturday, 9/27 - EPRC Tabling Opportunity

8.2 Medical and Environmental Health (Harter)

8.3 Mass Notification (Singh)

8.4 Town Emergency Plans (Stewart)

8.5 Emergency Communications (Lattin/Katin)
● Request for funding for new lithium ion batteries. Quote obtained from Battle Born/Dragonfly Energy Corp for $4,482.14 and request to have this funding come from EPRC budget.

EPRC endorses the LAHEG (Los Altos Hills Emergency Group) repeater battery upgrade proposal to replace the existing lead-acid batteries with new Lithium Iron Phosphate batteries.

4.

2025-09-02 EPRC Draft Minutes Page 8

9. Review action items from the meeting
Discuss/Propose Future Agenda Items
Adjournment [20:30]
Chair adjourned the meeting without objection.

Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x x
Dave Stewart x
Phil Harter x
Rabindra Singh x
Sam Wood x
Terry Kearney x x

ITEM 7A Attachment 4
Town of Los Altos Hills Emergency
Preparedness and Response Committee
Regular Meeting Minutes, Tuesday, October 7th, 2025 @ 6:00 pm. PDT Public Documents Folder (minutes & agenda)

1. Call to order (start recording) [6:00 pm]
The meeting was called to order by Chair Harter at 6:05pm

2. Roll call of EPRC members [6:07 pm]
Voting Member Status Comment
(S) Amita Sachdeva Present
Ben Gikis Present
(VC) Dave Stewart Present
(C) Phil Harter Present
Rob Singh Present
Sam Wood Not Here
Terry Kearney Not Here
With 5 of 7 voting members attending, a quorum was present.

2025-10-07 EPRC Draft Minutes Page 2
Associate Member Status Comment
Andy Kirk Present Left early before 7pm
Bill Lattin Present
Bill Ralston Absent
David Gilmour Absent
Neil Katin Abesent
Victoria Bebee Present
Other attendees
Name Comment
Jay Bradford LAH Community Development Director
Victoria Bebee LAH Town Emergency Manager Liaison
Denise Gluhan LAHCFD Liaison
Joram Parcutilo LAH Management Analyst

3. Public comment on subjects not on the agenda

4. EPRC Chair Remarks (Harter)
● Streamline things and get agenda topics in on time including presentations by EOD on Thursday prior to Tuesday’s meeting

2025-10-07 EPRC Draft Minutes Page 3
● November meeting will be in Duxbury room due to November elections ● Victoria sent out email re Portola Valley volunteer group wildfire

5. Approve Previous Meeting Minutes
5 yes, 0 no, 0 abstain. Motion Approved

6. General and Invited Reports and Q&A (30 minutes)

6.1 Municipal Code Update (Parcutilo & Bebee)
● Subcommittee feedback points
○ Definition of Term: Emergency Services Coordinator (ESC) vs Emergency Services Manager (ESM)
○ ESC: facilitate overall functioning of the EOC. Serve as advisor to the EOC Director & EOC Staff during emergencies
○ ESM: responsible for supporting & implementing a comprehensive disaster & emergency preparedness program, including education & community engagement, have authority over day to day admin & operations of the Office of Emergency Services.
○ Is Disaster Council required - 4-1.06
■ Not a requirement - but requiredif you want to have your Disaster Service Workers covered by the State Worker’s Compensation System Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x x
Dave Stewart x x
Phil Harter x
Rabindra Singh x
Sam Wood x
Terry Kearney x

2025-10-07 EPRC Draft Minutes Page 4
■ Adding EPRC to the municipal code under Disaster Council Members:
create plans, identify the people who will approve and implement plans, which would not be in a volunteer capacity under implementation.

Suggestion: recommend that we define “advisory” if needed into the municipal code or leave off and plan to add to disaster council meeting agenda and confirm participants at 2025 council meeting. ○ Disaster Council: Can Mayor convene?
■ We have opted to wait to have discussion with Cody & recommend that right now. Leave wording as is.
■ NIMS Training: 4-1.05e - follow best practices, remove NIMS wording altogether from municipal code in case language, class
numbers/descriptions change.
○ Who can activate the plan?
■ Plan may be activated by any of the following Town reps:
● Recommend:
● Councilmembers with NIMS training
● CERT Supervisor with NIMS training
● Those listed in section 4-1.05(d)(f) under Director of Emergency Services Order of Succession
○ Dave: had productive conversation with Victoria who did research on the various questions that have come up
○ Prior concern about the Disaster Council and the regular meetings that have been held including the depth of bench of who can make the call regarding an emergency
○ Why is EM currently not listed in the list of line of succession for disaster management
● Main sticking point was to have EPRC have some advisory role on Disaster Council Motion: EPRC recommends Town Council to accept the new wording on the Emergency Organization and Function of Title 4, Chapter 1.

2025-10-07 EPRC Draft Minutes Page 5
5 yes, 0 no, 0 abstain. Motion Approved

6.2 Fire Code Update (Bradford)
● Gave general overview of building codes to City Council on September 15th ● Discussion was light - highlighted initiatives from EPRC, other committees, and staff perspective
● Code modifications that EPRC requested regarding home hardening & defensible space ● Conversation on what we need to do to modify building standards ● R337 & 7a codes - residential and commercial respectively ● Wildland -Urban Interface consolidated the two codes into Title 24 - Part 7, which has dual authority
● Draft language modifying the base text for CA Wildland Urban Interface (WUI) added to meeting’s chat
● Taking a regional approach to implement the WUI standard as we are working ● 101.1 scope - if you’re adding new construction (that specific piece) would have to meet the WUI standard
● 101.3.1 Exception 5 - any building before July 1, 2008 would not be subject to this new code
● Does the new standard apply for any new construction/additions? ● Regardless if you have applied a fire severity zone or WUI, it does not matter, you will still need to follow the Town’s ordinances
● All incorporated land in Los Altos Hills will be included in the WUI Area codes Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x x
Dave Stewart x x
Phil Harter x
Rabindra Singh x
Sam Wood x
Terry Kearney x

2025-10-07 EPRC Draft Minutes Page 6
● Bradford will be bringing the changes made to Section 101- Scope & General Requirements packet to Council
● Group U occupancy is utilities.
○ Agriculture type of buildings are exempt
○ Should we include new construction Group U and make them non-exempt ● Group C - mental health facilities, mental hospitals, detox facilities, where occupants are under restraints and cannot get out on their own
● Should we apply WUI to all Group U occupancies or keep as is? ○ EPRC recommended applying WUI standards to all incorporated parts of Los Altos Hills
● Fire Severity Zone Color Coding: Moderate - yellow, High - orange - Very High - Red ● From a building code perspective, religious code exemptions are relatively the same as residential
● Why is the statement “All incorporated lands designated by the State Board of Forestry and Fire Protection as State Responsibility Area (SRA) including…” if this is not applicable to Los Altos Hills? Wording is part of the boiler plate from the State. ● Require replacement of Federal Pacific and Zinsco electrical panels Motion: EPRC recommends that the Town adopt the modifications to Part 7 of the WUI code as ratified at the EPRC meeting on October 7th, 2025.

Motion Passes: 5 yes, 0 no, 0 abstain
Member Moved Second Yes No Abstain Recuse Absent
Amita Sachdeva x
Ben Gikis x x
Dave Stewart x x
Phil Harter x
Rabindra Singh x
Sam Wood x
Terry Kearney x

2025-10-07 EPRC Draft Minutes Page 7
● Assembly Bill 130 - part of the 2025 housing budget package - reshaped the state’s code adoption process
● Allowed building code amendments - building standards commission deems changes necessary as emergency standards to protect health & safety: Home hardening included
● Because we have adopted R337, we feel comfortable moving forward with the other exemptions
● Committee recommendations were taken into consideration, from ○ Tech Committee (gas earthquake safety shutoff valve program) ○ EPRC (WUI adoption & noncombustible fencing near structures) ○ Environmental Initiatives Committee (transition to heat pumps & zero NOx policy for multifamily)
● Recommendation: work with the Town Committees, Santa Clara County Fire Department, Los Altos Hills Fire District to prepare amendments in these areas and bring back policies and or resolutions/ordinances for consideration and potentially adoption - which Council said yes to
● Fire code amendments - receive fire code amendments directly from Santa Clara County Fire Department
● All modifications they are asking for this year are just clarifications for prior and new building codes
● Administrative amendments: standardize authority for the Building Official to grant permit extensions through a consistent administrative guide ○ Recommendation: to bring back modifications to the administrative section of the building code with necessary changes to help enforce said code and the administration and safeguards
●

6.3 Discussion on EPRC 2026-2027 EPRC Goals (Harter)
● EPRC Priorities and Goals for 2026-2027 print out sheet - should we discuss fully today or form a subcommittee or utilize the Exec Committee to further discuss the goals ● Decide today on what the Town needs to handle and what the EPRC should handle ● If we are asking for a staff position to be filled, we need to put that in our recommendation and outline what it would look like from a cost perspective ● If we have a special meeting, we can have motions and vote, if we have a subcommittee

7. Town and Fire District Reports

2025-10-07 EPRC Draft Minutes Page 8

7.1 Town Council Liaison Report (Bhateja)
No report

7.2 City Manager's Report (Pirnejad/Einfalt)
No Report

7.3 District Liaison Report (Gluhan)
Link to presentation
● Fire Risk Reduction: non-city and county application submitted to Board of Forestry
○ This recommendation came from the EPRC and it was nice that the Fire District was able to apply and the Town will apply in 2027 ● Firewise USA Communities recognized - 8 since 2022, 11 with new applications being submitted
● HIZ requests have gone down - 15 at last meeting. No waiting list, completion rate is higher
● Rebates are increasing
● Campaign with Mailers for focus group of high severity & all communities that do not have any Firewise organizing going on

7.4 Town Emergency Manager’s Liaison Report (Bebee)

8. EPRC Subcommittee Reports

8.1 Community Outreach (Sachdeva)
● October 18 - CERT Windshield Survey/Zone Map Update

8.2 Medical and Environmental Health (Harter)
No Updates

8.3 Mass Notification (Singh)
● Subcommittee will be meeting
● Had meeting with T-Mobile regarding emergency communications ● Emergency sat comm solutions - what Starlink is doing with T-mobile and what other companies are also doing

8.4 Town Emergency Plans (Stewart)
● Victoria enrolled Dave, Bill, Neil and others to go through EOP

2025-10-07 EPRC Draft Minutes Page 9
● Evacuation annex is next big push within this

8.5 Emergency Communications (Lattin/Katin)
● Emergency Group that runs the repeaters upgraded the batteries

9. Review action items from the meeting
Discuss/Propose Future Agenda Items
● Hold Special Meeting on Monday, October 27 at 6pm - Council Chambers ● An executive subcommittee meeting will be held prior to the special meeting to further discuss goals/priorities
Adjournment [20:22]
Chair adjourned the meeting without objection.

TOWN OF LOS ALTOS HILLS November 20, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A CONDITIONAL USE PERMIT

EXTENSION FOR AN EXISTING MONOPINE WIRELESS
COMMUNICATIONS FACILITY AT 27299 ARASTRADERO ROAD;
LANDS OF PURISSIMA HILLS WATER DISTRICT; FILE #CUP25-
0007
PREPARED BY: Tim McBirney, Community Development Analyst FROM: Jay Bradford, Community Development Director
APPROVED: Cody Einfalt, Acting City Manager
RECOMMENDATION: That the City Council:

Adopt a resolution (Attachment 1) to make a Categorical Exemption under CEQA pursuant to Section 15301(b) and approve the Conditional Use Permit extension for permit CUP25-0007 for the existing monopine wireless communication facility located at 27299 Arastradero Road (APN: 142-16-077) subject to the attached conditions of approval.

BACKGROUND:

The Town of Los Altos Hills relies on a series of wireless facilities to allow for cellphone reception for residents. These facilities include cellular towers that are regulated in the municipal code with specific parameters for height, equipment location, and radio frequency emissions and recurring renewals at 10-year intervals but are also regulated by the FCC. The cellular tower considered in this renewal is located at 27299 Arastradero Road.

The Planning Commission initially approved a modification to the monopine, a type of cellular tower, and granted a variance to allow the associated equipment within the setback area along Page Mill Road through Conditional Use Permit #23-11-CUP-VAR on November 3, 2011.

Following this action, the City Council approved the monopine on the parcel through Conditional Use Permit #41-10-CUP-VAR on January 19, 2012. One of the conditions of approval required that the CUP be renewed after ten (10) years. The wireless facility has been in continuous operation since installation; however, the Town did not receive a renewal request until May 9, 2025.

The Use Permit has expired and the applicant, Purissima Hills Water District (represented by Virtual Site Walk, LLC), is requesting a 10-year extension. Staff conducted an inspection of the property and found it to be adequately maintained, clean, and in compliance with the previous conditions of approval. The project was routed to the Environmental Design and Protection Committee on August 15, 2025, to date, no comments have been provided. The extension was recommended for approval by the Planning Commission at its regular meeting on October 2, 2025, for another 10-year term. The Planning Commission-recommended conditions of approval are included in the draft resolution (Attachment 1).

ITEM 7B STAFF REPORT

City Council
Conditional Use Permit Extension
November 20, 2025
NOTICING/PUBLIC OUTREACH:

Staff completed a second round of noticing after the Planning Commission recommendation for project approval. The public was advised of the City Council Public Hearing in the following ways:
• Mailing to property owners within 500-foot radius – November 7, 2025 • Posted at the project site – November 7, 2025
• Town Website: www.losaltoshills.ca.gov – November 7, 2025 To date, staff has not received public comment regarding the proposed permit renewal.

ENVIRONMENTAL REVIEW:

The proposed Conditional Use Permit renewal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines – No modifications to an existing facility.

ATTACHMENTS

1. Resolution with Conditions of Approval

2. File No. #23-11-CUP-VAR – Existing Conditions of Approval

3. Wireless Communications Facilities Policy

4. Radio Frequency Site Compliance Report
ITEM 7B STAFF REPORT

TOWN OF LOS ALTOS HILLS
CITY COUNCIL RESOLUTION 25-__

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A 10-YEAR EXTENSION OF CONDITIONAL USE PERMIT CUP25-0007

FOR AN EXISTING MONOPINE WIRELESS COMMUNICATION FACILITY LOCATED AT 27299 ARASTRADERO ROAD (APN: 142-16-077)
WHEREAS, An application has been submitted by Crown Castle for a ten-year extension of Conditional Use Permit CUP25-0007 for an existing monopine wireless communication facility located on the Purissima Hills Water District property at 27299 Arastradero Road (APN: 142-16- 077); and
WHEREAS, The subject property is zoned R-A (Residential-Agricultural) and wireless communication facilities are conditionally permitted uses within this zoning district; and WHEREAS, The facility was previously approved under a valid Conditional Use Permit and has been in continuous operation without significant complaints, violations, or compliance issues; and
WHEREAS, The requested extension does not involve any expansion, modification, or intensification of the facility beyond its current design, which includes antennas and associated ground equipment screened within a monopine structure; and WHEREAS, The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and WHEREAS, Public notice of this hearing was provided in accordance with Town noticing requirements; and
WHEREAS, The Planning Commission has reviewed the application, staff report, and all evidence presented at the public hearing held on [Insert Meeting Date].

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills that:

1. The City Council hereby approves a ten-year extension of Conditional Use Permit CUP25-0007 for the existing monopine wireless communication facility located at 27299 Arastradero Road (APN: 142-16-077).

CONDITIONS OF APPROVAL

1. Term: This approval shall extend the Conditional Use Permit for a period of ten (10) years from the date of City Council approval.

2. Compliance: The facility shall continue to operate in compliance with all applicable Town, State, and Federal regulations, including FCC standards for radiofrequency emissions.

ITEM 7B ATTACHMENT 1

3. Maintenance: The monopine and associated equipment shall be maintained in good condition, including visual screening and landscaping, to the satisfaction of the Planning Director

4. Revocation: The Town reserves the right to revoke this permit for cause pursuant to Town regulations if the operator fails to comply with the conditions of approval.

PASSED AND ADOPTED by the City Council of the Town of Los Altos Hills on November 20, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Kavita Tankha, Mayor
ATTEST: ______________________________
Arika Miller, City Clerk
ITEM 7B ATTACHMENT 1

ITEM 7B ATTACHMENT 2

ITEM 7B ATTACHMENT 2

ITEM 7B ATTACHMENT 2

ITEM 7B ATTACHMENT 2

TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Wireless Communications Facilities Policy
Amended 10/12/2006
Code Sections
Section 10-1.703 (h)(2) of the Zoning Ordinance allows service uses, including “communications facilities”, to be permitted in the Town if a Conditional Use Permit is granted by the Planning Commission and City Council. Section 10-1.1007 (1) of the Code outlines findings which must be made to approve a use permit, including the proper location of the use or facility relative to others in the vicinity, the adequacy of the site to accommodate the use, and that the facility or use will not have an adverse effect on adjacent properties.

Intent:

The purpose of this policy is to outline the desired criteria for siting of wireless communications facilities, generally including monopoles, related antennas, and equipment shelters. As the Town’s land use is virtually entirely residential, wireless communications facilities will be most appropriately located on public or institutional sites existing within the Town. Colocation, location on or near existing buildings, and landscape screening will be desired to minimize the visual impacts of the facilities on neighbors and the public.

Policy:

1. Priorities for siting - Wireless communication facilities shall generally be located on properties with priority as follows:
a. Town-owned properties
b. Foothill College
c. Water tanks
d. Other public or quasi-public facilities, such as schools or churches e. Residential properties of at least ten (10) acres

2. Siting on residential parcels - Wireless communication facilities may be permitted on properties used for residential purposes or vacant parcels intended for residential property owner provides written consent and significant visual impacts are mitigated.

3. Colocation – Colocation of wireless communication facilities with other facilities is encouraged to the maximum extend feasible, as long as the colocation is technologically compatible and does not substantially increase visual impacts. The Town will generally require as a condition of approval for any conditional use permit that the applicant permit colocation of other facilities, subject to technological constraints and Town review.

ITEM 7B ATTACHMENT 3

Policy: Wireless Communication Facilities

3a. Applications for colocation on an existing wireless communications facility shall be subject to an administrative review provided that the following requirement is met:
• The colocated antennas and ground equipment shall be mounted or installed within an existing tower, building, or structure where the physical appearance of the existing facility is not altered to accommodate the additional antennas and equipment.

4. Landscape screening and color - Landscape screening shall be required by the Town to minimize the visual impacts of wireless communication facilities. Poles, antennas, and equipment buildings should be painted to blend with the surrounding environment and/or buildings to further minimize visual impacts.

5. Environmental review - A Negative Declaration will typically be prepared for review of proposed wireless communication facilities, with special attention to the visual impacts of the facilities. Categorical exemptions may be used where facilities are colocated with or would be minimal additions to existing structures, with negligible additional visual impact.

6. Antenna master plans – Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the request shall be reviewed by the Planning Commission and the City Council as a master plan application.

7. Terms of permits and abandonment of sites – Conditional use permits for wireless communications facilities shall be established for periods not to exceed five (5) years, at which time renewal of the permit must be requested by the applicant. More frequent review of the operation of the permit may be made a condition of approval. Approval will also require a written agreement from the applicant that, should the use be discontinued by the carrier, all facilities will be removed not later then ninety (90) days after discontinuance of the use or abandonment. Such a provision shall also be included in any lease with the Town for use of Town lands for wireless communications facilities. The Town may require bonding or other surety to assure the removal of such facilities.

8. Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been mad to inform neighboring residents of the proposed facilities, such as conducting meetings, or mailing fact sheets and/or letters, etc…to neighbors.

9. The Planning Director is authorized to reduce or waive permit fees for any wireless communications facility that is proven to expand wireless coverage in the Town and is structurally capable of colocation.

10. The Planning Director is authorized to administratively approve portable wireless communications facilities also known as cell on wheels or COWs on certain properties as specified in Policy #1 on a temporary basis.

ITEM 7B ATTACHMENT 3

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TOWN OF LOS ALTOS HILLS November 20, 2025
Staff Report to the City Council
SUBJECT:

FROM:

APPROVED:

FORMATION OF AN AD HOC COMMITTEE TO REVIEW AND

MAKE RECOMMENDATIONS FOR THE AGREEMENT FOR

USE, MAINTENANCE, AND IMPROVEMENT BY LOS

ALTOS/LOS ALTOS HILLS LITTLE LEAGUE OF PLAYING FIELD

FACILITIES OWNED BY THE TOWN OF LOS ALTOS HILLS
Emina Mahic, Community Services Supervisor
Cody Einfalt, Acting City Manager
RECOMMENDATION:

That the City Council appoint members to an Ad Hoc Committee to assist staff in negotiating a agreement between the Town of Los Altos Hills and the Los Altos/Los Altos Hills Little League for the use, maintenance, and improvement of the playing field facilities.

BACKGROUND:

On July 1, 2014, the Town of Los Altos Hills entered into an agreement with the Los Altos American Little League, Inc. (dba Los Altos/Los Altos Hills Little League) for the use, maintenance, and improvement of the playing field facilities located at 27440 Purissima Road (Attachment 1). The initial term of the agreement was set to expire on June 30, 2017; however, pursuant to Subsection B of the Terms and Conditions, “the agreement shall automatically renew for successive three (3) year periods unless written notice is provided by one party to the other no later than April 1 immediately preceding the then current expiration date.” As the current term is set to expire on June 30, 2026, staff recommends forming an Ad Hoc Committee to review the existing agreement and provide recommendations to assist in negotiating a renewed three-year term. At this time, staff anticipates recommending certain updates to the agreement and intends for the committee to evaluate and refine those recommendations, as well as identify any additional changes that may further enhance the Town’s long-standing partnership with the Los Altos/Los Altos Hills Little League
FISCAL IMPACT:

There are no fiscal impacts associated with this recommendation.

ATTACHMENTS

1. Current Agreement for Use, Maintenance and Improvement by Los Altos/Los Altos Hills Little League of Playing Field Facilities Owned by the Town of Los Altos Hills ITEM 8A

AGREEMENT FOR USE, MAINTENANCE AND IMPROVEMENT BY

LOS ALTOS/LOS ALTOS HILLS LITTLE LEAGUE OF

PLAYING FIELD FACILITIES OWNED BY

THE TOWN OF LOS ALTOS HILLS
BY THIS AGREEMENT made and entered into on this July 1, 2023, (" Effective Date") by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation (“ Town”) and LOS ALTOS AMERICAN LITTLE LEAGUE, INC. a California non- profit corporation dba Los Altos/ Los Altos Hills Little League (“ Little League”), in consideration of their mutual covenants, the parties hereto agree as follows:

I. Parties. The parties shall be Town and Little League.

II. Purpose. This agreement is intended solely to document Little League' s rights and obligations with respect to the premises ( as defined in Section III), to allow Town and Little League to provide the highest quality playing fields possible to Town residents, Little League activities and other users (including non-resident participants in organized youth sports leagues, school activities, informal recreational activities initiated by Town residents, etc.) and to allocate responsibility, authority and costs for maintenance and improvements.

III. Premises. The “ Premises” is a Town-owned parcel located at 27440 Purissima Road (as more specifically identified in Attachment 1). A portion of the Premises shall be defined as the “ Fields” and consist of: (a) the four baseball playing fields and baseball practice areas; ( b) the concession/ multipurpose building and access areas thereto; ( c) the public restroom building adjacent to the concession/multipurpose building ( d) baseball equipment storage sheds and access areas thereto; and ( e) the fences and backstops bordering the baseball playing fields and practice areas. For clarification, the “ Fields” exclude the other areas of the Premises that are not specified above.

IV. Terms and Conditions.

A. Term. The term of this agreement shall commence on the Effective Date and, unless terminated or renewed as provided herein, shall expire on June 30, 2026.

B. Renewal. This agreement shall automatically renew for successive three (3) year periods, unless written notice is provided by one party to the other no later than April 1 immediately preceding the then current expiration date.

C. Termination. Either party may terminate this agreement by providing not less than 180-day prior written notice. Such termination cannot affect the practice, game or postseason schedules that have been submitted by January 1 and/or March 15 and/or September 1. The monetary obligations of the parties, which have accrued prior to any termination, shall survive such termination.

ITEM 8A ATTACHMENT 1

2 D. Primary User.

1. In consideration for Little League' s agreement to share maintenance costs and its other covenants herein, Little League shall be the primary user of the Fields on a year- round basis without fees, costs, or other use charges payable to Town.

2. Little League will only be considered the Primary User for activities that are included on all schedules, including updates given to Town pursuant to Section IV E. Town shall have the ability to use or schedule Fields for other purposes, as long as such use does not materially interfere with the initially submitted schedules or any written updates that have been provided to Town, provided that such updates do not conflict with Town’ s scheduled activities that were based on the initially submitted or updated schedules.

E. Scheduling.

1. Little League will provide to Town proposed schedules of uses for each Field it intends to use for the then current year for tryouts and other preseason Little League activities by January 1 (or by the Effective Date for the first year of the term of this agreement); for games, practices and postseason activities by May 30; and for fall activities by September 1.

Furthermore, Little League shall provide the Town any updates to these schedules in written form only. Additionally, Little League shall designate private contact information for its then current Fields Commissioner by December 15.

2. Town shall schedule all other users during any time periods when there are no scheduled Little League activities. If Town schedules any event that causes damage or materially affects the condition of the Fields, in terms of Little League’ s activities, Town shall be solely responsible for any necessary field repairs. Town shall require any group scheduling an event to indemnify, defend and hold Town harmless and carry insurance to that effect during the event. Informal, non-scheduled use by residents of Town will continue to be encouraged, as long as such use does not interfere with scheduled usage or cause damage to Fields.

3. Field use priority is awarded on the following basis, subject to the provisions of IV.D.2.:

TYPE I: Programs and activities of the Town of Los Altos Hills TYPE II: Los Altos/Los Altos Hills Little League as per contractual agreement with the Town of Los Altos Hills

3 TYPE III: Los Altos Hills based non-profit organizations, including but not limited to youth and/ or adult athletic leagues, girl scouts and boy scouts, church groups, service clubs, civic associations, and Town Residents.

TYPE IV: Los Altos Hills based for-profit organizations.

TYPE V: Non- Los Altos Hills based non- profit organizations and private individuals, businesses, and organizations.

TYPE VI: Non-Los Altos Hills based for-profit businesses and organizations.

3. Any scheduling conflict that cannot be resolved by the parties shall be submitted to the City Council of Los Altos Hills for final resolution.

F. Water. Town and Little League shall work together to ensure adequate amounts of water are available to maintain all Fields in playable condition. Both parties recognize that water usage cannot exceed any allocations or violate other prohibitions imposed by the water purveyor, Town or State and that good water management and conservation practices shall be observed at all times. Town will ensure that watering is performed according to recommended policies of the Purissima Hills Water District, and any other governmental entity that may later exist with authority over such water use.

G. Maintenance.

1. Town shall maintain the Fields in a mutually agreed-upon, fully usable condition that adheres to general industry standards for baseball playing surfaces at all times, subject to water availability, except for those periods approved by Town to complete renovations or other modifications to the Fields. No renovations or modifications of the Fields may be conducted between January 10 and July 31 of each year, unless necessitated by an emergency or to remedy a hazardous condition. Further, Town shall use best efforts to provide Little League with as much advance notice as possible of said periods. Little League shall not be responsible for the cost of repairs of certain infrastructure systems within the Fields, specifically the irrigation systems and drainage systems. Repairs are considered to be those items beyond the scope of regular routine Fields maintenance.

2. A communication process shall be established wherein Little League’ s Field Commissioner shall be empowered to speak directly with the Town’ s designated representative to communicate the maintenance and improvement needs of the Fields.

4 3. Town shall be solely responsible for all costs of maintenance and repair of the parking lot, the public restroom building adjacent to the concession/ multipurpose building, landscaped areas including trees, public restrooms outside of the Fields, facility plumbing, electrical service up to and including the main service box and curbs.

4. Little League shall be solely responsible for all costs of maintenance and repair of the electronic scoreboards, removable bases, batting cages and other secured practice areas, Field storage boxes, sheds, the public address system and Little League owned equipment within the
concession/multipurpose building.

5. The responsibility for the items that are not included in either Section H.3 or Section H. 4 shall be included in the cost-sharing items as governed by Section I. 1. These items include the baseball playing and unsecured practice areas, concession/multipurpose building routine maintenance, janitorial service of the restroom building adjacent to the concession/multipurpose building, fencing and backstops surrounding the playing and unsecured practice areas, bleachers, dugouts, base anchors, and backstop pads. (Repairs to the concession/multipurposebuilding shall be decided between the parties on a case by case basis).

6. Should the parties be unable to reach an agreement on fiscal responsibility for any item not specifically addressed in this agreement, they may submit the disputed items to the City Council of Los Altos Hills for final resolution.

7. The parties agree that all dirt-skinned baseball playing areas will be reconditioned by a qualified contractor in late February or early March of each year. This minimum annual pre-season conditioning shall include tilling of the skinned surfaces, importing of sufficient infield materials to level out the skinned surfaces, compacting the skinned surfaces, and rebuilding the pitching mound areas with clay materials. At least once every five years, the agreed-upon scope of work will include rebuilding the home plate areas with clay materials and the painting of any wooden structures and backstops.

8. The parties shall also meet prior to February 1 of each calendar year to submit additional playing field maintenance/improvement requests for the upcoming season, and Town will use good faith efforts to complete all such additional work that is mutually agreed-upon prior to the upcoming game season.

H. Maintenance and Operations Costs.

1. Little League shall contribute to the costs of maintenance and operations identified in Sections IV.H.1, IV. H.5 and IV.H.7 on a cost-sharing basis.

5 For each Town fiscal year, Little League will contribute one dollar for every one dollar contributed by Town. Town, subject to the review process delineated in Section IV. J, shall have sole reasonable determination of justifiable expenses. Both parties agree to use good faith in making fiscal decisions that will not undermine the overall fiscal health of either entity. If Fields maintenance and operations expenditures reach an annual total of $ 95,000, not including utilities, the Town and Little League shall consider additional shared Fields maintenance and operation expenditures on a case by case basis under mutually acceptable terms.

2. Town shall pay, and not be reimbursed by Little League, for Fields’ maintenance and/ or repairs, which are necessary as a result of use by other Town authorized field users, that are outside the parameters of typical wear and tear from Little League use. The Little League shall be solely responsible for repair/maintenance necessitated by the gross negligence or willful misconduct of the Little League, its agents, or officers.

3. Town and Little League may agree to cost-share major infrastructure/ capital improvement projects on a case- by-case basis.

4. Town shall be solely responsible for the payment of all charges for garbage service. = Little League shall reimburse Town for 50% of the water utility and 50% of the electricity usage, however the Town accepts sole responsibility for the EV charging stations provided they are separately metered.

5. Little League shall reimburse Town for 25% of the restroom cleaning and supplies.

I. Payments. Little League will pay its share of maintenance and operation costs upon receipt of submitted invoices from the Town. On an annual basis the Town will submit these invoices to Little League for payment. Although not required by this Agreement, the Town may submit invoices to Little League on or around September 1 of each calendar year. Little League shall have a period of thirty 30) days from date of Town submittal to review these submitted invoices.

Immediately subsequent to review, Little League shall remit payment for all undisputed invoices to the Town. If there are any disputed invoices or disputed items contained therein, Little League and Town’s representatives shall meet within thirty (30) days after the initial review period and attempt to resolve the billing dispute. If the parties are not able to reach agreement on any remaining disputed items, these items shall be submitted by parties to the City Council of Los Altos Hills for final resolution.

J. Sublet. Little League shall not have the authority to rent or sublet any portion of the Premises. All Fields use, rentals and/or sublets may only be authorized by the City Manager or their designee and only in writing. Little League shall not require or suggest donations, gratuities, rental payments or fees for field use from

6 other field users. However, Little League shall be permitted to charge appropriate rental fees from Fields users who use Little League’ s equipment, including scoreboards, bases, balls, portable safety screens, field preparation tools and equipment, pitching machines, batting cages and other secured practice areas.

Little League is not required by this Agreement to rent any of its equipment.

Little League shall provide its equipment use rental fee schedule to Town on an annual basis. Little League shall provide written notification to the City Manager or their designee within 48 hours of any equipment rental to a third party. Town shall permit Little League to operate the concession/ multipurpose building during scheduled Little League Fields use or other use as expressly authorized in writing by the Town. Such an operation shall not be considered a sublet. All unaffixed items contained within the concession/multipurpose building that are not the property of the Town shall be the property and responsibility of Little League.

K. Modifications. Little League shall not make any modification, alteration, or improvement to the Premises without prior written consent by the City Manager or their designee. Consent shall not be unreasonably withheld, except that any dispute under this Section may be submitted to the City Council for final resolution. After completion of approved changes by Little League, Little League shall provide to Town approved as- built drawings, if applicable.

L. Improvements. All affixed improvements on the Premises, including but not limited to any affixed improvements constructed by Little League, are and shall remain the property of Town, even at the termination of this agreement.

M. Locks. Little League shall place no locks or other barriers to entry on any portion of Premises without prior approval by Town and provide Town copies of all keys or other entry mechanisms.

N. Conditional Use Permit. Little League agrees to abide by and ensure that all participants in its activities abide by all terms of Conditional Use Permit #58-04- CUP. Requests for changes to the Conditional Use Permit must be made during the annual review.

V. Hold Harmless. To the fullest extent allowed by law, Little League hereby releases and agrees to indemnify, defend and hold harmless Town, its officers, agents and employees from any all demands, claims or liability of any nature, which may arise out of or occur by reason of any act or omission on its part, or the part of any of its employees, contractors, subcontractors, agents or representatives use or their use of the Fields, including costs and reasonable attorney fees, in providing the defense to any claim arising therefrom, including any use of the Fields not allowed under this Agreement but sanctioned by the Little League, (including use of the Premises for purposes of accessing the Fields) all except to the extent the claim arises from the gross negligence or willful misconduct of the Town, its officers, agents or employees. Little League also agrees to require any contract with it contractors or subcontractors to contain a provision requiring that the contractor or subcontractor indemnify, defend and hold harmless Little League and Town and their officers, agents and employees from any and all demands, claims or

7 liability of any nature which may arise out of or occur by reason of any act of omission on the contractor or subcontractor’ s part, or the part of any of its employees, contractors, subcontractors, agents or representatives in furtherance of or related to the contract with Little League.

VI. Insurance.

1. General Liability Insurance. Little League shall also procure and maintain at all times during the term of this Agreement, General Liability Insurance covering Little League and Town for any liability arising out of the use of, or occurring in, on, or about the Fields. The policy shall be subject to a limit for each occurrence of at least two million dollars ($ 2,000,000) naming as an additional insured, Town and its officers, employees and agents. If a general aggregate limit is used, it shall be at least twice the required limit ($4,000,000). The Insurer(s) shall agree that its policy is Primary Insurance and that it shall be liable for the full amount of any loss up to and including the total limit of liability without right of contribution from any other insurance covering Town.

2. Inclusion of Town as an additional insured shall not in any way affect its rights with respect to any claim, demand, suit, or judgment made, brought or recovered against Little League. Said policy shall protect Little League and Town in the same manner as though a separate policy had been issued to each; but nothing in said policy shall operate to increase the Insurer’s liability as set forth in the policy beyond the amount or amounts shown or to which the Insurer would be liable if only one interest had been named as an insured.

3. Little League shall deliver to Town a Certificate of Insurance and endorsements which shall indicate compliance with the insurance requirements of this paragraph and shall stipulate that thirty ( 30) days advance written notice of cancellation or material change shall be given to Town.

4. Upon execution of this Agreement, and at all times during this Agreement, Town and Little League’ s contractors and subcontractors entering onto the Fields shall have in full force and effect, at their sole expense, for the joint benefit of the contractors, Little League and Town, liability insurance in which Town and Little League are named as additionally insured. The insurance required thereunder shall be in the amount of at least one million dollars ($ 1,000,000) combined limit for bodily injury and property damage, shall be carried by insurers authorized to transact business in California, and shall be primary as to Town and Little League and noncontributory with any insurance which may be carried by Town or Little League. The insurance policy shall have a 30-day notification to Town and

8 Little League before any change in the policy or cancellation. Little League shall keep a current certificate of insurance from its contractors and subcontractors on file with the Town at all times.

VII. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of race, color, national origin, age, ancestry, religion, sexual orientation, or sex of such person.

VIII. Interest of Little League. It is understood and agreed that this Agreement is not a contract of employment or partnership. At all times, Little League shall be deemed to be an independent contractor, and is not authorized to bind Town to any contracts or other obligations. In executing this agreement, Little League certifies that no one who has or will have any financial interest under this agreement is an officer or employee of Town.

IX. This Agreement shall not be assigned or transferred without the written consent of Town.

No changes or amendments of any kind are authorized without the written consent of Town’ s City Manager and shall not be effective unless agreed to in writing by both Town and Little League.

This agreement shall not become effective until its approval and execution by Town. In witness whereof, the parties have executed this agreement effective the day and year first written above.

Los Altos American Little League, Inc. dba
Los Altos/Los Altos Hills Little League Town of Los Altos Hills By: By:

President Mayor
Approved as to Form:

By:

City Attorney
Attest:

By:

City Clerk
Lori McKinney ( Jun 16, 2023 12:15 PDT)
Steve Mattas (Jun 19, 2023 11:12 PDT)
Steve Mattas
Linda G. Swan (Jun 22, 2023 14:04 PDT)
Linda G. Swan
Deborah Padovan (Jun 26, 2023 08:32 PDT)
Deborah Padovan

9 5385616.1

LAH - Little League Agreement 2023-2026
FINAL
Final Audit Report 2023- 06-16
Created: 2023- 06-16
By: Sarah Robustelli ( srobustelli@losaltoshills. ca.gov) Status: Signed
Transaction ID: CBJCHBCAABAAiGHxKjS2U7jxfWO9nBKhYORfmFh7ab6- LAH - Little League Agreement 2023-2026 FINAL" History
Document created by Sarah Robustelli ([email protected]) 2023- 06- 16 - 6:49:20 PM GMT
Document emailed to [email protected] for signature
2023- 06- 16 - 6:49:37 PM GMT
Email viewed by lmmckinney@yahoo. com
2023- 06- 16 - 7:11:55 PM GMT
Signer [email protected] entered name at signing as Lori McKinney 2023- 06- 16 - 7:15:44 PM GMT
Document e-signed by Lori McKinney ([email protected]) Signature Date: 2023- 06-16 - 7:15:46 PM GMT - Time Source: server Agreement completed.
2023- 06- 16 - 7:15:46 PM GMT

TOWN OF LOS ALTOS HILLS November 20, 2025
Staff Report to the City Council
SUBJECT:

FROM:

APPROVED:

FORMATION OF AN AD HOC COMMITTEE TO REVIEW AND

MAKE RECOMMENDATIONS ON THE CONCESSIONAIRE

AGREEMENT FOR THE WESTWIND COMMUNITY BARN
Emina Mahic, Community Services Supervisor
Cody Einfalt, Acting City Manager
RECOMMENDATION:

That the City Council appoint members to an Ad Hoc Committee to assist staff in negotiating a Concessionaire Agreement for the Westwind Community Barn.

BACKGROUND:

Westwind Community Barn has been managed and operated by Victoria Dye Equestrian (VDE) since February 1, 2014, under a concessionaire agreement with the Town. The initial agreement was a three-year term, followed by renewals in 2017 and 2020, each continuing the three-year structure. The most recent agreement, approved in March 2023, was developed with input from an Ad Hoc Committee composed of representatives from the Parks and Recreation, Open Space, and Finance and Investment Committees, as well as town staff.

The concessionaire agreement outlines the terms and conditions for the operation and management of the Westwind Community Barn, including maintenance responsibilities, programming expectations, and revenue-sharing provisions.

DISCUSSION:

The current term of the concessionaire agreement is scheduled to expire on July 31, 2026. In preparation for that date, staff recommends initiating a review and negotiation process to ensure that the next agreement continues to support quality service delivery, fiscal accountability, and community benefit.

The purpose of the proposed Ad Hoc Committee would be to review the existing agreement, evaluate potential revisions, and provide recommendations to staff and the City Council regarding the terms and structure of the upcoming concessionaire agreement.

ITEM 8B

FISCAL IMPACT:

There are no fiscal impacts associated with this recommendation.

ATTACHMENTS

1. Current Concession Agreement for Operation of the Westwind Community Barn Owned by the Town of Los Altos Hills Between the Town of Los Altos Hills and Victoria Dye Equestrian, LLC

CONCESSION AGREEMENT FOR

OPERATION OF THE WESTWIND COMMUNITY BARN

OWNED BY THE TOWN OF LOS ALTOS HILLS

BETWEEN THE TOWN OF LOS ALTOS HILLS
AND

VICTORIA DYE EQUESTRIAN, LLC
DATED: APRIL 1, 2023

TABLE OF CONTENTS

1. Grant of Concession

2. Concessionaire Operating Responsibilities

3. Access to the Public

4. Facility Maintenance

5. Sanitation

6. Facility Improvements

7. Ownership of Facility

8. Fees and Charges

9. Boobs, Records, Reports and Audit

10. Collection of Fees and Charges Past Due

11. Concession Fees

12. Agreement Enforcement

13. Compliance with Laws

14. Town Events

15. Possessory Interest Tax

16. Indemnification

17. Insurance

18. Assignment

19. Waiver of Defaults

20. Relationship of Parties

21. Term of Agreement

22. Attorney' s Fees

23. Force Majeure

24. Independent Contractor

25. Transition of Stable to Concessionaire

26. Successors in Interest
27 Notices

28. Exhibits Incorporated by Reference

29. Governing Law, Jurisdiction, Venue

30. Entire Agreement
1 Page No.
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10 11
11 12
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21 21

CONCESSION AGREEMENT FOR

OPERATION OF THE WESTWIND COMMUNITY BARN

OWNED BY THE TOWN OF LOS ALTOS HILLS
THIS CONCESSION AGREEMENT (" Agreement") is made and entered into by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, (" Town") and Victoria Dye Equestrian, a California Limited Liability Company (" Concessionaire"). ( Town and Concessionaire are each a " Party" and are collectively the " Parties.")

RECITALS
A. Town owns a 15 -acre property located at 27210 Altamont Road, Los Altos Hills known as the Westwind Community Barn upon which are buildings and other improvements intended for the private boarding of horses, the instruction and training ofriders and their horses, promoting the community aspects of the Facility including the WRI Program, the Interscholastic Equestrian Association ( IEA), public recreation and special events. This real property and all buildings and improvements shall be collectively referred to in this Agreement as the " Stable Facility" or "Facility";
B. Concessionaire has cost effectively maintained and safely operated the Stable Facility for nine ( 9) years. Concessionaire shall manage the Facility use schedule in such a manner to minimize conflict and foster a socially vibrant and healthy learning environment for all Facility users pursuant to a concession agreement;
C. The Town' s overall vision of operating principles for Westwind Community Barn is further described in Exhibit " H";
D. The Parties therefore desire to enter into this Agreement; NOW, THEREFORE, in consideration ofthe mutual covenants, promises and agreements herein contained, the Parties hereby covenant, promise and agree as follows:

1. Grant of Concession
A. As of April 1, 2023, ( the " Effective Date"), Town grants to Concessionaire a concession at the Stable Facility for the limited purpose of maintaining and operating the Stable Facility as further described in the attached Exhibit A and in conformance with all requirements of this Agreement. Concessionaire shall devote the greater part of his or her working time and attention to the operation of the Concession and shall promote, increase and continue to develop 2

the business. Victoria Dye Equestrian, LLC shall assign Victoria Dye to manage the Facility during the days and hours of operation of the Concession.

B. Concessionaire shall maintain payment and utilities costs for Facility including electric, water, telephone, and internet, except that the Town shall reimburse 50% of the water utility cost upon submittal of invoice and utility payment receipt. Town also agrees to continue to pay utility service cost for sewer service, annual and monthly fire inspections, maintain smoke detectors and extinguishers, and trash and manure pickup.

2. Concessionaire Operating Responsibilities
A. Concessionaire shall at all times during the term ofthis Agreement provide sufficient material, supplies, equipment, and labor to accomplish required programs and services on the Facility and be responsible for performing duties and responsibilities which include:
i. Concessionaire shall use the premises solely for the boarding and care of horses and related services including the training and instruction of riders and horses. The Facility is not permitted or warranted for overnight human habitation.
ii. Concessionaire, shall maintain a maintenance and operations plan that demonstrates how the Concessionaire will maintain and operate the Facility.

The plan should include schedules, procedures and documentation methods for all ofthe maintenance, housekeeping, sanitation and safety programs and tasks that are necessary to operate the Facility in accordance with applicable rules and regulations.
iii. Three ( 3) times a year Concessionaire agrees to provide job-related safety and risk management training to employees by a certified vendor. iv. Concessionaire shall inform the Town of any and all services, programs and activities that the Concessionaire shall offer; the Town reserves the right to approve any or all services, programs, and activities offered on the premises by the Concessionaire. If a service or program is expressly disapproved by the Town, Concessionaire shall immediately suspend operations associated with the identified service or program.
3

V. Concessionaire shall understand and comply with all applicable laws, rules, regulations and guidelines in the care of horses. Concessionaire shall manage the Facility in a responsible and safe manner consistent with the terms of this Agreement, applicable equine industry best management practices and previously established Westwind Community Barn manager duties as further described in Exhibit " G"
vi. Concessionaire shall maintain a written Medical Emergency Plan ( MEP) to address immediate medical care needs of individual riders and horses in the event of a medical emergency.
vii. Concessionaire shall maintain an Emergency Evacuation Plan ( EEP) for immediate evacuation of any or all boarded horses in the event of an emergency.

Concessionaire shall participate and make Facility available for large animal rescue and training exercises.
viii. Concessionaire shall comply with the State of California Cal -OSHA regulations, including Section 3203 of Title 8 of the California Code of Regulations which requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
ix. Concessionaire shall undertake background and security investigations of each of Concessionaire' s staff as a condition of beginning and continuing work under any resulting Contract, the cost of which is the sole responsibility of the Concessionaire.

X. Concessionaire shall undertake all aspects of financial management and record keeping, including billing for services, programs and payments to vendors/ trainers.
xi. Concessionaire shall be responsible for ensuring the safety of the public and Facility users while on the Facility and shall consistently apply and enforce all rules, regulations, policies and equestrian best management practices. xii. Concessionaire shall be responsible for all use of space and assignment of resources for the Facility. Concessionaire shall prohibit the storage or placement of trunks, tacks, and other supplies in Barn aisle ways.

L!

xiii. Concessionaire shall manage the number of horses and no more than ten ( 10) shall be pastured in Byrne Preserve. Concessionaire may pasture up to eight 8) school horses in Byrne Preserve and have use of the Facility without charge for Facility land use. School horses must have a calm temperament due to the many other users ofthe Preserve.
xiv. Concessionaire shall reasonably accommodate public community programs such as Westwind. Riding Institute (" WRI"), and will provide WRI with upper arena usage Monday and Thursday from 4- 5 pm.
xv. WRI and Concessionaire shall have a boarding agreement, subject to approval as to form by the City Attorney, which shall specify the terms and conditions of that boarder' s use of the Stable Facility. Such agreement shall provide a clause whereby the WRI and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire. The WRI facility use and maintenance agreement between WRI and the Town is outlined in Exhibit " F."
xvi. Concessionaire shall publish and maintain a current schedule of fees and charges for all services provided by the Concessionaire at the Facility. xvii. Concessionaire shall provide existing and future instructional riding programs offered to the public as further described in Exhibit " B". The Concessionaire shall work with Town to ensure that riding programs requested by the Town shall meet the scope and quality established by the Town for such programs. xviii. Concessionaire shall publish arena time allocations on a weekly basis and seek input from Facility users in order to resolve potential conflict. Special events will be communicated to Facility users with adequate notice. xix. Concessionaire shall be able to recognize if a horse is in distress and shall take the appropriate steps to safeguard the health and safety of the animal. xx. The Concessionaire shall be responsible for communicating to the Town any maintenance needs for fencing in Byrne Preserve and maintaining watering WO

troughs in the Byrne Preserve. The Town shall be responsible for maintaining fire breaks, paths, gates, fence, trails, trees and other plant life and the general stewardship ofthe preserve.
xxi. As soon as possible, but not to exceed twenty- four (24) hours, Concessionaire must notify the Town of any incident involving threat to public safety or injury/ fatality to Facility workers or Facility users, or damage to public property.

Concessionaire shall transmit an incident report to Town on a Town approved Incident Report form.

B. Concessionaire agrees to post at conspicuous locations about the Facility notices giving the name, address, and telephone number of the superintendent responsible for the premises. Concessionaire agrees to allow Town to maintain Sheriff' s office at current location in Facility solely for the occupancy and benefit of law enforcement personnel at no charge to Town.

Town agrees to maintain the existing un -monitored digital video recording surveillance system of the Stable Facility 24/ 7 and provide system access to Concessionaire. Town agrees that Concessionaire is not required to maintain 24-hour on- site supervision of the Facility.

C. Concessionaire shall have a Town approved written agreement with each Facility user and trainer who utilizes the Facility. The agreement shall be subject to approval as to form by the City Attorney and shall specify the terms and conditions of that trainer' s use of the Stable Facility. Such agreement shall provide a clause whereby the trainer and Concessionaire shall release the Town from all liability and hold harmless and defend Town, its agents, Commissioners, Committee Members, staff, and Council Members for any and all losses associated with boarding, lessons, riding or any other activity on the Facility while under control of Concessionaire. Trainer agreement shall include a description of how the trainer is to be compensated and what programs and services the trainer is required or permitted to provide. Any fees which may be charged by a trainer for any program or service at the Facility shall be specified in the written agreement. Concessionaire shall provide Town with a copy of Facility user and trainer' s signed agreement prior to allowing user or trainer use of the Facility and shall further provide Town with a copy of any amendment to any such signed agreement within two ( 2) days after the execution of such amendment.

D. Concessionaire shall have a Town approved written boarding agreement with each boarder who utilizes the Facility. The boarding agreement shall be subject to approval 0

as to form by the City Attorney and shall specify the terms and conditions of that boarder' s use of the Stable Facility. Such agreement shall provide a clause whereby the Boarder and Concessionaire shall release the Town from all liability and hold harmless and defend the Town, its agents, Commissioners, Committee Members, staff and Council Members from any and all losses, claims or actions associated with boarding, lessons, riding or any other activity on the Stable Facility while under control of Concessionaire.

E. Concessionaire shall maintain a written process to resolve disputes with boarders or other persons utilizing the Stable Facility. A written copy of such process shall be posted on the Facility in a place accessible to the public, shall be provided to each boarder at the time of execution of each boarding agreement, and shall be filed with Town.

3. Access to the Public
A. Programs and services provided by Concessionaire shall be made available to the public on a first-come, first- served basis, provided, however, Town residents shall have priority at all times over persons who are non- residents of Town in all programs and services offered at the Facility. Separate waitlists for residents and non-residents, containing the date and time of entrance on the list, shall be established for each program or service for which demand exceeds supply. A copy of each such list shall be provided to Town on an as needed basis.

B. The Facility shall be operated by Concessionaire under the name Westwind Community Barn." The Facility shall be open to the public no earlier than one- half hour before sunrise and not later than one- half hour after sunset, seven days a week pursuant to Section 12- 1. 03 of the Los Altos Hills Municipal Code. The right of the public to free physical access to the Facility shall be maintained during posted hours of operation and in no event shall the Facility be fenced and gated so as to prohibit such access during hours of operation, provided, however, that Concessionaire may implement such security measures as deemed appropriate to assure the health, welfare, and safety of persons utilizing the Facility and the horses boarded on the Facility. Concessionaire shall reasonably secure Facility nightly at the close of operating hours to assure the health, welfare, and safety ofthe horses boarded on the Facility.

4. Facility Maintenance
A. Except for the WRI premises or as otherwise stipulated in this Agreement, Concessionaire shall at all times be responsible for routine maintenance and minor repairs to the Stable Facility in a condition satisfactory to the City Manager or designee. Routine maintenance 7

and minor repairs are activities undertaken to keep the Facility in good order and operating repair and safety, including but not limited to, regular preventative maintenance and incidental repairs arising from normal wear and tear from the use of the Facility. Concessionaire shall in a timely fashion provide written notice to the City Manager or designee of any major repairs needed and Town shall make such repairs in a timely fashion. In an emergency, including after hours, Concessionaire shall immediately contact 911 and Town public works emergency staff, in that order.

B. Town and Concessionaire shall meet twice annually to perform maintenance walkthroughs to inspect and identify needed repairs.

C. The Town will contract drain flushing and tree maintenance annually.

Concessionaire shall work with the Town to schedule the Town to off-load bedding as needed.

Concessionaire shall work with the Town to schedule the Town to remove manure from the feeding pasture four ( 4) times a year. The Town shall provide maintenance support for ten ( 10) hours monthly or one hundred and twenty ( 120) hours annually for items not specifically listed in the agreement. If Concessionaire goes over the allotted 120 hours, Concessionaire could be charged for the additional services.

D. Concessionaire shall provide Town with a detailed description of all signage it proposes to utilize at any location on the Facility to advertise programs or services. Such signage shall not be installed without the prior written permission of the City Manager or designee.

E. If the Stable Facility, or any part thereof, is damaged by weather storm, wildfire, earthquake, or any other Act of God. or terrorism, Concessionaire shall not be responsible to repair or replace said Facility. Town may in its sole discretion determine to rebuild or repair all or part of the Facility or to terminate this Agreement with no further liability to Concessionaire.

In the event Town determines it will not rebuild or repair the Facility in the event of a substantial destruction, Town shall pay Concessionaire a $ 15, 000 relocation fee within 30 days of this decision.

F. Concessionaire shall not cause any mechanic' s or materialmen' s liens to be placed upon the Facility.

G. Notwithstanding any other provision of this Agreement to the contrary, Concessionaire shall operate and maintain the Facility, and every part thereof, in compliance with the conditions, restrictions, and reservations by which the Town has authority to utilize the Facility N.

and in compliance with all rules and regulations and any amendments thereto promulgated by the Town, County of Santa Clara, and/ or State of California.

H. Town agrees to repair and maintain Facility landscaping, irrigation, parking, and driveway areas.

5. Sanitation
A. Concessionaire shall allow no offensive matter, litter or refuse, or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, to remain on the Facility. Concessionaire shall prevent the storage of clutter, junk or excess equipment, vehicles, and materials anywhere on the Facility. Concessionaire shall ensure that Facility appearance is neat and orderly at all times and prevent the accumulation of trash, debris and manure anywhere on the Facility and shall make all reasonable efforts to ensure that trash generated on- site is not blown or otherwise allowed to leave the Facility except in a proper disposal container. Concessionaire shall promptly notify the Town of any waste receptacles needed at the Facility.

B. Concessionaire shall clean all stalls, corrals and paddocks on a daily basis, removing all manure and replacing wet bedding material. Collected manure shall be stored in accordance with Facility conditional use permit requirements ( Exhibit " D") and Health Department regulations and removed from the Facility no less than once per week. Concessionaire shall inspect and clean public restroom at Facility daily. The Town will provide and pay for professional janitorial services for the public restroom and kitchen once weekly.

C. Concessionaire shall actively suppress and control the accumulation and breeding of flies and offensive odors resulting from accumulation of manure and urine in stalls, corrals, paddocks, pasture and uncovered manure bins. This will be done utilizing industry accepted methods intended to minimize health hazard to humans or the surrounding natural environment. This shall be an ongoing program for the duration of the Agreement.

D. Concessionaire shall notify Town within 24 hours if the Town' s trash, recycling and manure collector ( GreenWaste Recovery, Inc.) fails to make a regularly scheduled collection of either trash, recyclables or compostables including manure.

E. Concessionaire shall control for all pest populations which may adversely affect the Facility. Known pests at the Facility include gophers, ground squirrels, flies and rats.

Concessionaire shall employ pest control methods which poses no health hazard to humans, and 01

minimizes negatively affect the surrounding natural environment including watercourses and wildlife. This shall be an ongoing program for the duration of the Agreement.

6. Facility Improvements.

A. Concessionaire must obtain the approval of the City Council or City Manager, depending on the scope, prior to undertaking any improvements to the Facility that involve more than day-to- day maintenance.

B. Town may, in its sole and absolute discretion, make improvements to the Facility. Town shall retain the right to enter the Facility for purposes of construction/ demolition of any improvement upon reasonable notice to the Concessionaire ( e. g. 24 hours advance written notice) and will make reasonable efforts to minimize disruption to Concessionaire' s business operation. Improvements which cannot be completed in less than one month' s time shall be coordinated with Concessionaire so as to find a minimally disruptive period of use of the Facility.

C. By execution of this Agreement, Concessionaire waives all claims for damages incurred due to business disruption which may be attributable to the construction of new site improvements, demolition, or reconstruction of existing improvements, including, but not limited to loss of income due to temporary dislocation of boarded horses.

D. The Town and Concessionaire agrees to the arena maintenance management plan in Exhibit I. The Town agrees to pay for the arena maintenance costs outlined in Exhibit I.

7. Ownership of Facility
A. All structures, improvements and fixtures existing on the Facility as ofthe Effective Date shall be and remain the property of Town, and structures, improvements and fixtures installed on the Facility by anyone during the term of this Agreement shall become and remain the property of Town, unless ownership rights to said fixtures, structures and improvements are formally waived by Town.

B. Concessionaire agrees that any Facility including structures, improvements or fixtures purchased and placed in or upon the Facility by Concessionaire by way of additions, repairs, replacements, or improvements shall at no time be removed by Concessionaire unless ( i) prior written consent of Town is first obtained, or ( ii) the purpose of such removal is repair or replacement of said property. Absent prior written agreement ofthe Parties, all such property shall at all times be the property of Town.
10

8. Fees and Charges
A. Concessionaire shall be responsible for collecting all facility use fees and charges for boarding services and may require existing and future boarders to enter into new boarding contracts.

B. Fees and charges for all services, programs, rentals, and leases provided by Concessionaire may be established at the discretion of Concessionaire. Fees and service charges should be reasonable and competitive with similar facilities in the area.

9. Books, Records, Reports and Audit
A. Each year Concessionaire shall work with the Town to prepare a maintenance and capital improvement projects (CIP) budget for the July 1 st to June 30th fiscal year.

The budget for each ensuing fiscal year shall be submitted to City Manager no later than April 1 st preceeding the July 1 st on which the next fiscal year is to start.

B. Concessionaire shall keep full, complete and accurate books of account and records which will reflect all business and monetary transactions of Concessionaire as well as all in- kind services provided to Concessionaire in connection with this Agreement. All such books and records, including tax return records shall be open to inspection by Town upon reasonable notice during normal business hours. Town shall have the right to undertake an independent audit of said books and records at any time but not more than once per twelve ( 12) month period.

C. Within fifteen ( 15) days of the end of each month, Concessionaire agrees to present to the City Manager ( or designee) an unaudited financial operating statement and an activity report delineating the activities at the Facility during the month. In addition, Concessionaire shall forward an annual financial statement to the City Manager ( or designee) no later than August 31 st following the close of a fiscal year. Upon termination or expiration of this Agreement, Concessionaire shall forward to Town a final report for any such partial fiscal year. Such report shall be provided within forty-five (45) days after the final date this Agreement remains in effect.

This report obligation shall survive termination of this Agreement.

D. On an annual basis for each full year, Concessionaire shall perform an audit as described in Exhibit C and submit to Town an audit report prepared by an independent auditor.

The cost of the audit shall be paid for by the Town. Concessionaire shall maintain, preserve and protect any and all records requested by the auditor or by Town in the form requested and in the manner dictated for a period of at least three ( 3) years. If there are any audit findings, the 11

Concessionaire shall respond to all audit findings within 30 days ofreceipt of the final audit report.

F. Concessionaire shall submit and present an annual report detailing accomplishments to the City Council.

G. Town may, in its sole discretion, undertake a survey of customer satisfaction at the end of each year during the term of this Agreement, the results ofwhich shall be shared with Concessionaire along with a suggested plan for improvements if any are deemed to be needed.

10. Collection of Fees and Charges Past Due
A. If any person utilizing the Facility fails to pay promptly any sum due to Concessionaire, then Concessionaire shall give such person written notice of such default, and if such person fails to pay all sums due within forty-five (45) days of such written notice of default, Concessionaire shall terminate the right of such person to utilize the Facility, and shall undertake all necessary actions in accordance with State statute to collect such sum.

11. Concessionaire Fees
A. Town agrees to pay Concessionaire a monthly Management Payment by the first day of the month which shall be $ 3, 300.

B. Town and Concessionaire agree that revenue from all Concessionaire operated programs other than horseshows including riding, training, clinic, instruction services, Facility rentals and horse leases further described in Exhibit " B" shall be split with 80% of the gross revenue received paid to the Concessionaire and 20% to the Town from $ 04300, 000. Revenue exceeding $ 300, 000 shall be split with 82% of the gross revenue received paid to the Concessionaire and 18% to the Town. Residents receive a discount on camps and the Town will pay Concessionaire on the non-resident rate for all camps. Gross revenue shall mean all revenue less any refunds. For any program revenue, collected by the Town, Town shall remit Concessionaire' s share of collected funds to Concessionaire within thirty ( 30) days following the completion/ delivery of services. For any program revenue, collected by the Concessionaire, Concessionaire shall remit Town' s share of collected funds to Town by the
15th
day following the month in which the funds are received. The remitting party shall provide the funds along with a report specifying the date, program recipient name and contact information, description of service provided, and amount of fees collected.

C. Concessionaire shall be limited to four (4) horseshows per year. For each horseshow, Concessionaire shall remit $500 check payable to the Town for the use of the facility and in lieu of any revenue split described in section B, above. 12

D. Concessionaire runs IEA, a team show program. Concessionaire receives two types of payments for IEA: a team startup payment and lesson payments. Concessionaire agrees to pay the Town 20% of the gross lesson payments.

12. Agreement Enforcement
A. The City Manager shall be responsible for the enforcement of this Agreement on behalf of Town and shall be assisted therein by those officers and employees of Town having duties in connection with the administration thereof. Concessionaire and Town agree to meet on at least a quarterly basis at Town Hall to discuss matters concerning Facility management, maintenance, operations, and finance.

B. Any officers and/ or authorized employees and agents of Town may enter upon the Facility at any time for the purpose of determining whether or not Concessionaire is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of Town within the Facility without disruption to Facility users, visitors or guests.

C. In the event Town commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/ or any property, Concessionaire does hereby agree to pay any sum which may be awarded to the Town by the Court for attorney' s fees and costs incurred in the action brought thereon. In the event Concessionaire commences legal proceedings for the enforcement of this Agreement or recovery of the Facility and/ or any property, Town does hereby agree to pay any sum which may be awarded to the Concessionaire by the Court for attorney' s fees and costs incurred in the action brought thereon.

13. Compliance with Laws
A. In performing any work under this Agreement, Concessionaire shall comply with all applicable Federal, State, and local statutes, ordinances, rules and regulations, including but not limited to those related to the hiring of undocumented workers, the Fair Labor Standards Act and the Americans with Disabilities Act. Concessionaire further understands and agrees it must pay " prevailing wage" for construction projects which are considered " public works" under Labor Code § 1720. Concessionaire shall indemnify, defend, and. hold harmless the Town and its agents, officers, and employees from any and all liability, including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys' fees arising under any wage and hour law, including, but not limited to, the Federal Fair Labor Standards Act, for work performed by the Concessionaire' s employees. In addition to all other requirements for employees to be 13

certified as eligible to be employed, Concessionaire shall require all prospective employees to be subject to " live scan" to determine if there is any criminal history which would make the prospective employee a risk to work with and/ or around minor children and complete California Child Abuse Mandated Reporters training by the CA Department of Social Services.

B. Concessionaire shall operate in full compliance with all applicable governmental permits, including applicable provisions of the Facility Conditional Use Permit Exhibit " D").

14. Town Events
A. Concessionaire agrees that the Town may at no charge or fee hold up to five 5) public events annually at the Facility. Details ofthe events and required accommodations by the Concessionaire are stipulated in Exhibit " E".

15. Possessory Interest Tax
A. Concessionaire understands a possessory interest tax may be imposed under State or Federal tax law upon Concessionaire' s assumption of interest in the Facility and agrees to pay any such tax if and when due. Such tax shall be considered a boarding facility expense and be allowed in the Concessionaire' s calculation of the Subsidy.

16. Indemnification
A. Town and its officers, agents, employees and representatives ( collectively, the " Town Representatives") shall not be liable for death, injury, or damage of any kind to persons or property from any cause whatsoever by reason of the use and occupancy of the Stable Facility by Concessionaire, or by the agents, servants, employees, or invitees of Concessionaire, and Concessionaire hereby waives all claims and causes of action against Town and the Town Representatives for any such injury or damage as well as for consequential damages, loss ofprofits, and business interruption.

B. Concessionaire agrees to indemnify, defend, and hold harmless the Town, its officers, agents, employees and Town Representatives from and against any and all liability, loss, cost, expense, or obligation, including, without limitation, attorney' s fees, court costs, and other expenses, on account of, or arising out of, Concessionaire' s performance under this Agreement; and this Agreement is made on the express condition that Town and the Town Representatives shall not be liable for, or suffer any loss or incur any liability by reason of, injury to or death of a person or damage to or loss of any use of property, from whatever cause, in any 14

way connected with the condition or use of the Stable Facility during the term of this Agreement or any extension thereof, or the condition or use of personal property or fixtures on or about the Stable Facility during the term of this Agreement or any extension thereof, whether arising in whole or in part from active or passive negligence on the part of Town or any Town Representative and/or from acts for which Town or any Town Representative would otherwise be held strictly liable, excepting only willful misconduct of Town or the Town Representatives acting in their duly authorized capacities. This indemnification obligation shall survive termination or expiration of this Agreement.

C. Concessionaire accepts the Facility in " as is" condition as of the Effective Date. Concessionaire agrees Town and the Town Representatives shall not be liable to Concessionaire or Concessionaire' s agents, servants, employees, or invitees for any damage, loss, or injury caused by the condition or design of, or any defect in, the Stable Facility, even if such loss, damage, or injury is or was the result of negligence of Town or any Town Representative, whether active or passive, or from acts for which Town or the Town Representatives would otherwise be held strictly liable.

D. The foregoing indemnifications shall not apply to: ( i) any damage caused by soils or geotechnical problems, if any, which may have existed at the Facility as of the Effective Date; ( ii) any requirement imposed by the Los Altos Hills County Fire District and Santa Clara County Fire Department to widen any road or street; ( iii) any requirement to make any sewer or storm drain improvements which Town determines are needed for the public health, safety, or welfare; or (iv) any liability occurring from operation of the Facility by Town prior to the Effective Date.

17. Insurance
A. Concessionaire shall procure and maintain, at its sole costs and expense, comprehensive commercial general liability insurance of not less than two million dollars 2, 000,000) per occurrence and five million dollars ($ 5, 000,000) general aggregate.

Concessionaire' s insurer must have an A.M. Best Rating of no less than ANII. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement, shall specifically name Town and the Town Representatives as additional insured, shall provide such coverage as primary and any coverage Town may maintain shall be in excess thereto, shall include a cross -liability or severability of interest endorsement, and shall provide it 15

shall not be canceled or modified without at least thirty ( 30) days prior written notice to Town.

The presence of such insurance and the specification of liability limits for such insurance by Town shall in no manner limit the liability of Concessionaire under the terms of the indemnification set forth in Section 16 of this Agreement.

B. Concessionaire shall procure business automobile liability insurance of not less than one million dollars ($ 1, 000, 000) per occurrence and one million dollars ($ 1, 000, 000) general aggregate. Such insurance shall specifically insure performance by Concessionaire of the indemnity set forth in Section 16 of this Agreement, shall specifically name Town and the Town Representatives as additional insured, shall provide such coverage as primary and any coverage Town may maintain shall be in excess thereto, shall include a cross -liability or severability of interest endorsement, and shall provide it shall not be canceled or modified without at least thirty 30) days prior written notice to Town. The presence of such insurance and the specification of liability limits for such insurance by Town shall in no manner limit the liability of Concessionaire under the terms of the indemnification set forth in Section 16 of this Agreement.

C. Concessionaire shall procure and maintain, at its sole cost and expense, Worker' s Compensation insurance in the amounts required by law.

D. Town shall maintain, at its sole cost and expense, standard form fire, extended coverage, vandalism, and malicious mischief insurance, insuring all real property and fixtures located at and comprising the Stable Facility. Concessionaire may, at its sole discretion, obtain such insurance for personal property maintained by Concessionaire on the Facility.

E. Concessionaire shall deliver to the City Manager certificates of insurance as required under the Subsections A and B of this Section. Concessionaire shall also deliver to the City Manager a renewal binder for each policy of insurance required under this Agreement not later than fifteen ( 15) days before the scheduled date of expiration of such policy. If Concessionaire fails to maintain any required policy of insurance, then the City Manager may obtain said policy upon ten ( 10) days written notice and Concessionaire shall immediately pay to Town any costs or expenses incurred by Town in acquiring such policy.

18. Assignment.

Concessionaire shall not assign or hypothecate this Agreement, or any interest created hereby, nor any rights or privileges herein, nor shall it enter into any agreement allowing the operation by another person of the concession on the Facility granted by this Agreement or any 16

portion thereof without the prior written consent of Town which consent may be granted or withheld at the sole discretion of Town. Any unapproved assignment or agreement shall be void. and confer no rights on or to any third party and shall be cause for termination of this Agreement by Town, at its sole option. This provision against assignment and hypothecation shall be deemed to be a continuing covenant and apply not only to Concessionaire, but to any and all assignees, contractors and mortgagees ofthe Facility and to any who may in any manner acquire any interest herein.

19. Waiver of Defaults
No waiver of any breach, default or term hereof shall constitute a waiver of any other breach, default, or term hereof, whether of the same or any other covenant or condition.

20. Relationship of Parties
The relationship of the Parties is solely that of owner and Concessionaire, and nothing in this Agreement shall be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, as between Town and Concessionaire. Concessionaire understands and agrees that all persons furnishing services on behalf of Concessionaire pursuant to this Agreement are, for purposes of Worker's Compensation Liability, employees solely of Concessionaire and not of Town. Concessionaire shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services on behalf of Concessionaire pursuant to this Agreement.

21. Term of Agreement
A. The term of the Agreement is for three ( 3) years from the Effective Date.

B. Upon expiration of the Agreement term, and subject to the mutual agreement of the Parties, Town and Concessionaire may extend the term of this Agreement for two (2) additional consecutive periods ofthree ( 3) years each. Concessionaire may seek to extend the term ofthis Agreement only if Concessionaire: ( i) is, at the time of expiration of the extension thereof, in compliance with all its obligations hereunder and with all restrictions of record applicable hereto, and ( ii) gives written notice to Town of such desire to extend at least one hundred and twenty (120) days before the expiration ofthe then current term.

C. Town may terminate this Agreement at any time and without cause upon one hundred and eighty ( 180) days' written notice to Concessionaire. Notwithstanding the 17

foregoing, if Concessionaire fails to perform any of the covenants, conditions, provisions or agreements contained in this Agreement, or if Concessionaire for any reason is dissolved, or if a petition in bankruptcy or insolvency is filed by or against Concessionaire, then, in that event, Town shall have the right to immediately terminate this Agreement and to recover and resume possession of the Facility. This shall be considered termination " for cause." In the event of a " for cause" termination, Town shall give Concessionaire written notice of its election to terminate this Agreement and the date upon which such termination is to occur, which shall be not less than ten 10) days of receipt after the date of such notice. If Concessionaire has not corrected the reason for the termination " for cause" within the time allotted in the written notice of Town' s intent to terminate Agreement, then termination shall be considered effective.

D. Concessionaire may terminate this Agreement upon ninety ( 90) days written notice to Town and shall include in such notice the reasons for cancellation.

E. In the event that Concessionaire shall hold the Facility, or any part thereof, for any one day after the date upon which Concessionaire is required to terminate possession of the Facility, Concessionaire shall be deemed liable for the unlawful detainer of the Facility under the statutes of the State of California, and shall be subject to eviction.

F. The Town may terminate the Agreement by the delivery of a notice of termination to the Concessionaire specifying the extentto which the performance of work is terminated and the date upon which such termination shall become effective. The effective date of such termination shall be no less than one hundred eighty ( 18 0) days from the date of the notice.

G. Without limiting the generality and the effect of any of the preceding provisions of this Agreement, Concessionaire covenants and agrees, upon the termination of this Agreement, that it will immediately peaceably surrender and deliver in good condition to Town the Facility, together with the improvements, appurtenances, furniture, furnishings, equipment and other Town property located thereon. Concessionaire agrees to leave a minimum two- month supply ofhay, feed and bedding based on occupancy on Effective Termination Date ofAgreement.

22. Attorney' s Fees
If either Party brings any action or proceeding to enforce, protect, or establish any right or remedy in this Agreement, then the prevailing Party shall be entitled to recover reasonable attorney' s fees..

IN

23. Force Majeure
Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of nature, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any other public or governmental agency or entity ( other than acts or failure to act of Town shall not excuse performance by Town) or any other causes beyond the control or without the fault of the Party claiming an extension oftime to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days after knowledge of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by mutual agreement of Town and Concessionaire.

24. Independent Contractor
A. Concessionaire is and shall at all times remain as to Town a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire' s exclusive direction and control.

Neither Town nor any of its officers, employees, or agents shall have control over the conduct of Concessionaire or any of Concessionaire' s officers, employees or agents, except as set forth in this Agreement. Concessionaire shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Town.

Concessionaire shall not incur or have the power to incur any debt, obligation, or liability whatever against Town, or bind Town in any manner.

B. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the fees paid to Concessionaire as provided in this Agreement, Town shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for Town. Town shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder.
19

25. Transition of Stable to Concessionaire
This Agreement does not obligate Concessionaire to utilize any employee, contractor, or supplier of the Town. Concessionaire shall have sole discretion in the hiring, scheduling, discipline and termination of any and all employees working on the Facility pursuant to this Agreement. Town represents that Concessionaire is free to hire existing barn employees, that their employment is acceptable to the Town and that there are no fees due any party for hiring these existing employees.

26. Successors in Interest
Each and all of the terms, conditions, covenants and obligations hereof shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto and all persons holding under or through them or any of them. All of Concessionaire' s covenants hereunder, including those against assignment and subletting, are continuing and binding without exception on all who take or acquire any interest hereunder. Without limiting or qualifying any of the foregoing provisions of this Agreement, every person taking any interest hereunder, by, through or under Concessionaire shall by virtue of taking or acceptance of such interest and without further act be deemed to have become bound hereunder not only by privity of estate, but of contract, and to have assumed and agreed to perform all of the covenants and obligation of Concessionaire hereunder to the same extent as though such assignee had personally executed this Agreement.
27, Notices
All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid and addressed as follows:

To the Town:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: City Manager
o the Concessionaire:

Victoria Dye Equestrian, LLC
650 Castro Street, Suite 120- 347
20

Mountain View, CA 94041

28. Exhibits Incorporated by Reference
This Agreement consists of twenty- two ( 22) pages ( including signature pages) and nine ( 9) exhibits. All Exhibits attached hereto are incorporated by reference in this Agreement as though fully set forth herein. In the event of conflict between the provisions contained in this Agreement and any Exhibit, the provisions of this Agreement shall prevail.

29. Governing Law, Jurisdiction, Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Concessionaire agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Santa Clara.

30. Entire Agreement
This Agreement contains the entire understanding between the parties relating to the obligations ofthe parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party' s own independent investigation of any and all facts such party deems material.

Executed at Los Altos Hills, California, on the dates set forth hereafter.

TOWN OF LOS ALTOS HILLS
Date 3/ 3
ATTEST:

CITY CLERK
By: w/"
MAYOR
21

APPROVED AS TO FORM:

CITY ATTORNEY
Date:
7,3

CONCESSIONAIRE
V'llllltl--
Its: f- IVfiliT
A C TO? CSC ' DI e, X0.0 ' T R (
22

APPROVED AS TO FORM:

CITY ATTORNEY

CONCESSIONAIRE
Date: By:

Its:
22

EXHIBIT LIST
Exhibit A
Stable Facility Description
Exhibit B
Instructional Riding Program Description
Exhibit C
Agreed- upon Audit Procedure
Exhibit D
Conditional Use Permit
Exhibit E
Town Events
Exhibit F
Westwind Riding Institute Agreement
Exhibit G
Westwind Community Barn Manager Duties
Exhibit H
Vision of Operating Principles for Westwind Community Barn Exhibit I
Arena Maintenance Plan
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Exhibit B
Town Riding Program Parameters
The programs offered by a former vendor to the Town were extremely successful, received parent and rider support for excellence and provided entree to other riding opportunities at Westwind Community Barn. The Concessionaire would provide a comparable program in quality and scope.

Programs offered over the last ten years were developed to provide quality, low student to teacher ratio for beginner riders on well -cared, reliable, experienced school horses and to act as a feeder" for the community to become more involved with horses and Westwind Community Barn. The flow advanced children through the different skill levels in the riding programs on to Pony Club and eventual horse ownership or leasing, training and in many cases working as volunteer instructors and assistants for the Westwind Riding Institute' s disabled riding program.

The programs through the former vendor also enabled the leasing of school horses for use by non - horse owning Pony Clubbers for Pony Club sessions, events and practice rides.

Quality
Low student to instructor ratio
Well -cared, reliable, experienced, school horses to accommodate many riding skill levels Riding Program-- all levels - based on Pony Club curriculum ( whole horsemanship) Year Round Riding Program
Summer and School Breaks Camp
Promotes graduation into other riding opportunities art Westwind Summarized Text from Recreation Guide:

The Year Round Riding Program ( YRRP) offers riding lessons geared towards the beginning and intermediate rider. Participants will learn the basics of riding in a beautiful park -like setting.

The program focuses on learning to maintain an independent, balanced seat, tactful communication between horse and rider, and correct equitation. Each session is six weeks in length. Safety helmets are required for all mounted work and can be provided. Participants must come neatly dressed in form -fitting pants ( no shorts), boots with heels, and a shirt that covers the shoulders. Jewelry is not allowed. Hair must be pulled back and out of the rider' s face." Summer Camps
A real barn experience, this program focuses on responsible, considerate care of horses. Each rider is assigned to his or her horse for the week, resembling the responsibility and fain of horse ownership. Graduates of summer camp have moved into Pony Club and Olympic -level instruction. We offer quality ponies, pony club curriculum, a low student to instructor/ assistant ratio in a park -like setting, with horse games, vaulting and a horse show on the last day of camp." Advanced camp is for riders jumping comfortably at 2' 3". Each day will be devoted to a different discipline of eventing: dressage, stadium jumping and cross country. Each lesson will be videotaped. The instructor and students will analyze the videotape at the end of the day and develop strategies to improve the overall ride as well the rider' s position and striding. Horse management will cover advanced topics such as conditioning, bandaging and nutrition." Please note: Current Activity Guide available on Town website.

Prepared by Parks and Recreation Committee
Date: May 31, 2013

Exhibit C
Westwind Community Barn
Agreed -Upon Procedure
A. Perform cash receipt testing for one randomly selected month

1. Compare boarding receipts to boarding agreements

2. Compare program receipts to program fee and enrollment agreement

3. Trace receipts to bank statement and to the general ledger

4. Compare total payments from Town to amount recorded on VDE' s accounting records

5. Attest reasonableness of total lessons revenues and boarding revenues through June 30, 2026
B. Perform expense testing

1. Confirm compliance with Section F. 2. viii of the Agreement where all Concessionaire' s staff shall undertake background checks

2. While the Town is providing boarding subsidy:
a. Review payroll expenses and agree salary to employment agreement
b. Review Feed, Grain and Hay expense and agree amount to aid invoices
C. Compliance with Section 9 of Agreement

1. Compare tax return and December general ledger balance for completeness

2. Confirm record retention in compliance with Section E ( 3 - year)

Exhibit D
March 21, 2005
Mr, Dan AlexanderFriends of Westwind lex
Barn
27210 Altamont Road
Los Altos Hills, CA 94022
RE: File # 39 -02 -CUP
27210 Altamont Road
Conditional Use Permit Renewal
Dear Mr, Alexander:

Your request for a Conditional Use Permit renewal was approved at the City Council meeting of March 3, 2005.. Please note the following conditions which apply to this approval:

A, PLANNING DEPARTMENT

1. All conditions of the Westwind Banc. Conditional Use Permit approved by the City Council on April 20, 1977 and as amended by the Planning Commission on January 9, 1985, April 260', 1995 and September 121h, 2002 shall be conditions of this approval,

2.. The perimeter of the upper hillside portion of the feeding pasture shall be permanently fenced and animals shall have no access to this area. ( CUP# 39- 02 renewal March 3, 2005)
1 In the event that any of the conditions ofthis permit are not satisfied, the Planning Department may cause a noticed public hearing to be sent to review whether the permit should be continued; and upon a showing of compelling public necessity demonstrated at the noticed public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. (CUP # 11- 95) 4,. This permit does not authorize the applicant to intensify the authorized activity beyond that which is specifically described in this permit.. (CUP # 11- 95)

5. This Use Permit shall be issued in the name above and the life of this Permit shall run with the life of the ownership of the property or until it is amended or cancelled, ( Property designated as parcel # A& 4, 14, 96 acres.) ( CIDP 48022-77) 26379 Fremont Road
Taos Altos ]- Tills
California 94022
650/ 941- 7222
Fax 650/ 941- 3160

Westwind Barn C..U. P
March 21, 2005

b. The number of horses to be kept or maintained at this facility shall not exceed 54, CUP# 39- 02 renewal March 3, 2005) .

7.. Any proposed new buildings or structures shall require an amendment to this Use Permit. ( CUP # 802.277)
81 There shall be twenty-four (24) hour supervision of said premises by a competent attendant who is knowledgeable about horse care and authorized to see that the conditions of this Use Permit are met. ( CUP 48022- 77)

9. A business License shall be required and shall be renewed annually on January 1St, as long as all conditions of this Use Permit have been met.. (Amount of fee is specified by Section 3- 1. 209 of L,AH Municipal Code.) ( CUP # 8022- 77)

10. Staff, Planning Commission and City Council shall conduct an annual review of this Permit to assure compliance with conditions and all conditions shall be subject to amendments and/ or, additional conditions as deemed necessary by the City Council. ( CUP # 8022- 77)
11, All requirements of the Santa Clara County Health Dept„ shall be met:
a. Drainage from stables, corrals, pens, barns, etc..., must not enter a natural watercourse.
b. Animal quarters must be swept clean, sprayed and otherwise kept in a sanitary manner so as to prevent unnecessary odor, fly breeding and rodent attraction,

12. Manure shall be disposed of regularly by spreading, collection in an appropriate bin or removal from site, ( CUP 4802277)
13, All requirements ofthe Los Altos hire Department shall be met as designated by the office inspecting the facility.: (CUP 48022- 77)

14. There shall be no external lighting, other than that needed for safety and security.

All fixtures should be adequately shielded to prevent any nuisance to adjoining property owners, ( CUP # 802277)
15, All driveways, parking areas, and horse riding areas shall be maintained in a manner sufficient to control dust to a level compatible with adjoining uses. Except as otherwise permitted by this use permit B. 2, the cars of guests and visitors shall at all times be parked on the property. ( CUP 4802277)