Attachment 1 -Draft Resolution
Draft Resolution to be
modified by Town
Council deliberations
and direction.
RESOLUTION 2019-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS ADOPTING REQUIREMENTS FOR MANAGING BUILDING
MATERIALS THAT POTENTIALLY CONTAIN POLYCHLORINATED BIPHENYLS
WHEREAS, polychlorinated biphenyls (PCBs) have been detected in elevated levels in
fish and sediment in the San Francisco Bay making fish unsafe to eat; and
WHEREAS, urban runoff through storm drain systems and other discharges is
considered a significant pathway for PCBs into the Bay; and
WHEREAS, PCBs in caulk and other priority building materials that were used in building
construction and remodeling projects between 1950 and 1980 have been found to have
particularly high PCBs concentrations; and
WHEREAS, during demolition, these building materials may be released to the
environment and transported to receiving waters in stormwater runoff; and
WHEREAS, the San Francisco Bay Regional Water Quality Control Board adopted on
November 19, 2015 the reissued Municipal Regional Permit (MRP), a National Pollutant
Discharge Elimination System (NPDES) permit that regulates discharges of stormwater runoff
from municipal separate storm sewers systems (MS4s). The MRP includes provisions that
implement the requirements in the PCBs Total Maximum Daily Load (TMDL), a program to
address the Bay’s impairment by PCBs; and
WHEREAS, the MRP requires the permittees, including the Town, to reduce discharges
of PCBs in stormwater runoff to the San Francisco Bay; and
WHEREAS, the MRP requires the permittees, including the Town, to implement
requirements to manage PCBs–containing building materials during demolition; and,
WHEREAS, more specifically, the MRP requires the permittees to require that
demolition permits for buildings that were built or remodeled during the period from January 1,
1950 to December 31, 1980 be screened for the presence of PCBs in priority building materials;
and
WHEREAS, more specifically, remodeling, partial building, wood framed structure, and
single-family residence demolition projects are exempt from the screening for the presence of
PCBs in priority building materials; and
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Los Gatos hereby
adopts requirements to manage PCBs in building materials during demolition.
BE IT FURTHER RESOLVED, that the Town Council authorizes the Chief Building Official
to implement regulations and procedures to manage the requirements including conditions of
approval, demolition permit requirements, and/or construction and demolition waste
management forms.
BE IT FURTHER RESOLVED, that this is not a project defined under CEQA and no further
action is required.
BE IT FURTHER RESOLVED, that the Chief Building Official will develop the appropriate
permit fees and/or other cost recovery mechanisms as needed for subsequent Town Council
approval and insertion into the Town of Los Gatos’s comprehensive fee schedule at a later date.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of August, 2019 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________