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HomeMy WebLinkAbout02-01-1989 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. O MEETING DATE: Feb. 1, 1989 ORIGINATING DEPT: LN INEEEM T1F�m I to iu A,,;' eP - AGENDA ITEM CITY MGR. APPROVA i SUBJECT: AB2"WN' NT OF PEDESTRIAN EQUESTRIAN EASEMENT (p.E.E. ) ON LOT 22 and 23 OF TRACT 6665 Recommended Motion: Approve Resolution of Abandonment of pedestrian /equestrian easement on on Lot 22 and 23 of Tract 6665. Report Summary: Pedestrian/equestrian easement on Lot 22 and 23 was established under Tract 6665 in 1981. Since that time this easement has not been used and Mr. Larry Peden, owner, has requested an-, abandonment of this easement. Abandonment of this easement was approved by the Park and Recreation Commission in 1984. Fiscal-Impacts• None. Attachments: 1. Resolution No.' Motion and Vote: 0 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED PEDESTRIAN AND EQUESTRIAN ACCESS EASEMENT WHEREAS, CASA GRANDE ACQUISITION CORPORATION, a California corporation (hereinafter referred to as "CASA GRANDE "), executed an Owner's Certificate dedicating to public use a Pedestrian and Equestrian Access Easement (PEE) as identified, described and delineated on Lots 22 and 23 of that final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 7, 1981 (hereinafter referred to as the "FINAL MAP "); and WHEREAS, the City Council of the City of Saratoga rejected said Pedestrian and Equestrian Access Easement (PEE) by Resolution Number 1426 -02 dated July 15, 1981; and WHEREAS, California Government Code S 66477.2(a) provides that if, at the time a Final Map is approved, a dedicated street, path, alley, public utility easement, or similar • item which directly benefits the residents of a subdivision is rejected, the offer of dedication shall remain open, and the City may at a later date rescind the rejection and accept the street, path, alley, public utility easement, or similar item; and WHEREAS, California Government Code S 66477.2(c)states that offers of • dedication which are covered in Government Code S 66477.2(x) may be terminated and abandoned in the same manner as described for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, the City has determined that the trail proposed to be constructed within the subject Pedestrian and Equestrian Access Easement (PEE) would be located in close proximity to the Revised Approved Home Sites for Lots 22 and 23 as delineated on the Final Map, and WHEREAS, Larry Peden. has requested that the City vacate the rejected Pedestrian and Equestrian Access Easement (PEE) identified, described and delienated on Lots 22 and 23 on the Final Map inasmuch as the subject Pedestrian and Equestrian Access Easement (PEE)(1) is located in close proximity to the Revised Approved Home Sites on Lots 22 and 23 of the Final Map, and (2) has not been continuously used as a Pedestrian and Equestrian Access Easement (PEE) since August 7, 1981. _I_ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGAIS RESOLVES THAT: 1. The Pedestrian and Equestrian Access Easement (PEE) dedicated to public use on Lots 22 and 23 on that Final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 of Maps at Pages 40 to 45 in the Office of the County Recorder of the County of Santa Clara, State of California, on August 7, 1981, is hereby vacated pursuant to the Authority of Chapter 4 (commencing at Section 8330) of Part 3, of Division 9 of the California Streets and Highways Code, and that from and after the date that this Resolution is recorded, said Pedestrian and Equestrian Access Easement (PEE) shall no longer constitute a Pedestrian and Equestrian Access Easement (PEE). 2. All other easements identified, described and delineated on the Final Subdivision Map for Tract Number 6665 recorded and filed in Book 488 at Pages 40 to 45 in the Office of the County Recorder of Santa Clara, State of California, on August 7, 1981, are not vacated by the City at this time. 3. The Saratoga City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded without Acknowledgment, Certificate of Acknowledgment, or further proof in the Office of the Recorder of Santa Clara County, California. sss • The foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of by the following vote: AYES: NOES: ABSENT: Attest: City Clerk Mayor, City of Saratoga -2- • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. IS C) AGENDA ITEM J MEETING DATE: 2/1/89 CITY MGR. ORIGINATING DEPT. Community Services SUBJECT: Appeal of False Alarm Charges Recommended Motion: Deny appeal, affirming decision of Community Services Director. Report Summary: Admiral Metcalf is appealing the Community Services Director's decision not to consider two false alarm activations as one for purposes of computing fines. Admiral Metcalf requested combining the May 13 and May 15 activations because he was out of the Country from May 5 through May 24 and thus was unable to correct the problem after the first occurrence. If the two occurrences are combined, he will not be charged because he would have had no more than two false alarms within a twelve -month period. If they are not combined, he will be charged $50. Fiscal Impacts: Fifty dollars lost to the City if appeal is granted. Attachments: Appeal Application Community Services Director's letter of Dec. 21, 1988 Admiral Metcalf's letter of Dec. 15, 1988 Community Services Director's letter of Nov. 28, 1988 Administrative Review Request dated Nov. 7, 1988 Motion and Vote: Date Received:_ Hearing Date: _ Fee CITY USE ON APPEAL APPLICATION Name of Appellant: J ,� A4,Ade • Address: /44e 4in Telephone: ?/ 7 �- Name of Applicant: . Project File No.: Project Address: _ Project Description: Decision Being Appealed: Grounds for the Appeal (Letter may be attached): ' Gffe- u�e�^e ©� off' ��e c�ir��ry �ro.� �p �i�l �%1�rr>c� li .t•�":r anyi�a— s • o!j y �ou,.sl LV'e �� `d• � �� >�na w �Ivc>a� fh�� -r Bch t� l �v� y egg. 41 ' ��. � «.�;-- cep � >.c.h •�.Sr� -tea � u� � be cG��e�^ �� �/"' .. . Pe ant's SIZE Ir ture *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. TILTS APPI,.MITTON MUST Dr. SUDDIITTED IVITUTEN TEN 10 CALENDAR DAYS OF 1`I i E D— ,1'f 1�U !• 'f— (�U L�c'�i'��I 0. . A- 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 o�� (408) 867 -3438 o COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles December 21, 1988 Donald Peterson Francis Stutzman Rear Admiral Ralph M. Metcalf 14150 Douglas Lane Saratoga, CA 95070 Dear Admiral Metcalf: This is in response to your letter of December 15, 1988, which was in response to my denial of your appeal of false alarm charges for alarm activations which occurred on May 13 and May 15, 1988. You asked that this matter be further appealed to the City Council. The appeal of administrative decisions by the staff to the City Council is handled by our Deputy City Clerk. There is an admin- istrative filing fee which must be paid before such appeals can be scheduled for City Council consideration pursuant to our municipal code. I suggest you contact Betsy Cory as soon as you have returned from your vacation on January 9, 1989, to see if it is still possible to make the January 18th agenda. I will be forwarding a copy of your letter to her so she will be expecting to hear from you. Please feel free to contact me if I can be of further assistance. Very truly yours, Todd W. kgrow Community Services Director jm cc: City Manager Deputy City Clerk Rear Admiral Ralph M. Metcalf, USN, ( t.) 41 Douglass Lane ® Saratoga, Calif. 95070 Rear Admiral Ralph M. Metcalf, USN, (Ret.) I 14150 Douglass Lane - Saratoga, Calif. 95070 Id lee, I X11 r: I- i<77FIill FV'.ALE.AV'E\l'I • ti.Ak.AI v .AI,II:OKVvI.A�). >t);l) / C0UtiC1L .%1E.%113F RS: Karen Anderson November 28, 1988 Martha Gevenger David bfov!es Donald Peterson Francis Stutzman Admiral and Mrs. Metcalf 14150 Douglas Lane Saratoga, CA 95070 Dear Admiral and Mrs. Metcalf: This is in response to your appeal of false alarm charges for alarm activations which occurred on May 13 and May 15, 1988. You asked in your appeal that the two alarm system malfunctions be treated as one since you were out of town at the time, and unable to respond to the malfunction. You provided documentation to this effect attached to your appeal. Un� gngtunat ly, . I do not have the authority to waive the charges as you requested since each false alarm is treated as a separate incident. There are no provisions in our ordinance which take into account whether the alarm owners are out of town when the false alarms occur. In addition, each false alarm requires a separate response from the Sheriff's Office which the City, by adopting its false alarm ordinance, is specifically trying to avoid. I hope you understand that false alarms are a serious problem in Saratoga, costing local taxpayers about $50,000 a year while reducing the availability of police officers for true emergencies. Saratoga, along with many other local governments, is attempting to reduce the incidence of false alarms while at the same time recovering the cost to the taxpayer. Should you have any questions, please feel free to contact me. Very truly yours, ,.�W Todd W. A� Community Services Director j - 1 CITY OF SARATOGA REQUEST FOR ADMINISTRATIVE REVIEW OF PENALTIES FOR EXCESSIVE FALSE ALARMS 1. Name: /f',tV/ 2A A4, 2. Address: 3. Telephone (Day): 4. Location of alarm system: 7' , 5. Saratoga Invoice: Date: Number: 6. List each charge for which an administrative review is requested: False Alarm Dates: Fine: ��, �n 7. Describe fully all facts and circumstances in support of your request. If additional pages or exhibits are required, attach the same to this form. 8. Payment of the false alarm charge(s) listed above (check one): was previously made on . ✓ is enclosed with this Request (No administrative review will be conducted unless the false alarm charge has been paid in full). b ,y 0 ,� 2 EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL MEETING DATE: February 1, 1989 ORIGINATING DEPT: Engineering SUBJECT: Draft Toxic Gas Ordinance Recommended Motion: AGENDA ITEM CITY MGR. APPROVAL / Direct staff to reply to IGC request for comment in support of draft without modification. Report Summary: IGC has requested comment on the Model Toxic Gas Ordinance developed by the County Fire Chiefs Association in conjunctio.n with the Santa Clara County Toxics Coalition and the Santa Clara County Manufacturers Association. The report backgrounds the progress of regulatory develop- ment in this area and supports the approval of the draft model ordinance concept to be approved by IGC and then.placed in final legal form for adoption by the County and all Cities in Santa Clara County. Fiscal Impacts: Unknown at this time but they will be minor for Saratoga because of our lack of industrial facilities. Attachments: 1. Report from Chief Building Inspector, 1/12/89 2. Draft Model Ordinance, 12/13/88 Motion and Vote: 0919'T o2 0&%Z19Q)(5& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: City Manager, Harry Peacock DATE: 1 -12 -89 FROM: Chief Building Inspector, Joseph Oncay SUBJECT: Response to the Intergovernmental Council (ICG) Request for comment regarding the Draft Toxic Gas Ordinance. The Intergovernmental Council (IGC) received the proposed draft of the model toxic gas ordinance at its regular meeting on December 1, 1988. The (IGC) has forwarded a copy for review and comment by the City. This report outlines the development and progress that has lead to the document in its current form. The Staff recommendation takes into consideration that the ordinance goes back to the (IGC) for framing in legal terms by the attorney's and that when it comes back for council's consideration for adoption, staff will solicit review and comments from all affected groups. BACKGROUND: Model Hazardous Materials Storage Ordinance In 1983, under the direction of the Santa Clara County Fire Chiefs Association, the Hazardous Materials Model Code Task Force completed its work on the Hazardous Materials Storage Ordinance (HMSO). The Task Force was comprised of representatives of the industry, fire service, environmentalists, and other regulatory agencies. The ordinance mainly addressed concerns regarding leaking underground storage tanks. The ordinance requires the development of a Hazardous Material Management Plan. Article 51 of the Uniform Fire Code The ordinance did not however, attempt to regulate toxic gases. Leaking underground storage tanks at the Fairchild and IBM facilities in San Jose, contributed to the decision to address the complex issue of toxic gas separately. In 1984 the Western Fire Chiefs adopted Article 51 of the Uniform Fire Code. It was developed with industry involvement, but applied only to the semiconductor industry. The article provided administrative and engineering controls to semiconductor fabrication facilities using hazardous production materials, which included toxic gases. Article 80 of the Uniform Fire Code In 1986 the Western Fire Chiefs appointed a select committee to rewrite Article 80 of the Uniform Fire Code. Article 80 was a general article designed to address the broad scope of hazardous materials in all types of occupancies. The article does not include specific requirements for some toxic gases. Article 80 was developed by a nine (9) member committee, selected by the Western Fire Chiefs and included four representatives from the Fire Service, four representatives from Industry and a neutral chairperson. Companion changes to Article 80 were developed for the Uniform Building Code in order to keep the Fire Code and Building Code coordinated. Article 80 was approved by the Western Fire Chiefs Association for the 1988 Uniform Fire Code. Companion changes to the Building Code were approved by the International Conference of Building Officials for the 1988 Uniform edition of the Uniform Building Code. Assembly Bill 1021 In 1986 the State Legislature passed AB -1021. The Bill provided funding for Santa Clara County Fire Chiefs to study toxic gas issues. The AB 1021 study was more limited in scope than Article 80, addressing only toxic gases. The study took place over a year long process, and the final document was delivered to the State Air Resource Control Board and the State Legislature for their review, early in 1987 as required by AB -1021. Toxic Gas Model Ordinance In 1988, the Santa Clara County City Managers Association facilitated a series of meetings and workshops between the Santa Clara County Manufacturing Group and the Silicon Valley Toxic Coalition. The nature of these meetings and workshops was to study the issues and conflicts between AB -1021 toxic gas study and the toxic gas provisions of Article 80 of the Uniform Fire Code. The draft document was presented to IGC on December 1, 1988. Discussion General Discussion: The Draft Toxic Gas Model Ordinance is a consensus document by technically competent and experienced individuals. In its current form it is supported by the Santa Clara County Manufacturers Association, the Silicon Valley Toxic Coalition and the Santa Clara County Fire Chiefs Association. It is the intent of the draft be used in conjunction with the 1988 editions of the Uniform Fire Code and the Uniform Building Code. The draft has been reviewed by staff for comment. Fiscal Impact None at this time. Public Contact Santa Clara County Fire Chiefs Association Santa Clara Valley Toxic Coalition Santa Clara County Manufacturers Association Alternatives 1. No Action 2. Direct staff to reply to IGC request for comment in support of draft without modification. 3. Direct staff to reply to IGC request for comment in support of draft with modifications as directed by council. 4. Direct staff to reply to IGC request for comment. not to support. Recommendations Alternative * 2 support without modification. Prepared Jos4ehA . O cay Chief Building Inspector hw-a*� County Government Center East Wing, Eleventh Floor SANTA CLARA COUNTY 70 West Hedding Street San Jose CA INTERGOVERNMENTAL COUNCIL 408 299-24245110 Established by Charter to address joint jurisdictional issues, and to develop cooperative relations betweVE(FAN- Fiels3, 1988 Harry Peacock, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mr. Peacock: As you are aware, the Intergovernmental Council (IGC) has been working on adoption of a uniform toxic gas ordinance for some time. Through the efforts of local government and the involvement of a number of parties, including representatives from the Santa Clara County Manufacturing Group and the Santa Clara Valley Toxics Coalition, a draft of such an ordinance has been prepared. A copy of that document is attached. At its regular meeting of 12/1/88, the IGC officially received the proposed draft and referred it to all member cities and the County for review. In order to assure that the ordinance is put into effect in the shortest time possible, the IGC has requested that reviewing agencies submit their comments not later than 3/8/89. Comments should be forwarded directly to William Zaner, City Manager, Palo Alto (415- 329 -2563) who will act as coordinator on behalf of the IGC. Some of the material included in the ordinance is technical in nature and requires specialized knowledge to understand fully. If your agency needs assistance in presenting this material, please contact Fire Chief Robert Wall, City of Palo Alto (415- 329 -2424) to arrange for such assistance. Chief Wall has been closely associated with this project and can provide technical people who can meet with you, your City Council, Planning Commission, etc. Following review and comment by all agencies, the draft will be returned to IGC for final consideration. A final proposed uniform ordinance will then be sent to each agency for consideration by the legislative body of that jurisdiction. On behalf of IGC, I wish to express our deep appreciation to Mr. Zaner and the members of his task force for the countless hours of work and the dedication which has resulted in this proposal for action. Sincerely, Nancy Iann Interim Chairperson cc: Mayor IGC Representative IGC Members Elected Officials representing: Campbell Los Altos Milpitas Mountain View Santa Clara County of Santa Clara Santa Clara County School Districts Cupertino Los Altos Hills Monte Sereno Palo Alto Saratoga Santa Clara County Special Districts Gilroy Los Gatos Morgan Hill San Jose Sunnyvale Santa Clara Valley Water District INTRODUCTION The Santa Clara County Fire Chiefs Association developed a Hazardous Materials Storage Ordinance (HMSO) in 1983. Leaking underground storage tanks at local industrial facilities served as the catalyst to the development of standardized regulations for the entire county. The model HMSO led to the adoption of a State Law regulating underground tanks sponsored by Assemblyman Byron Sher. During the development of the HMSO it was decided by the County Chiefs to divide the project into two segments, the HMSO and the Toxic Gas Model Ordinance (TGMO). In 1985 the Western Fire Chiefs Association attempted to amend the Uniform Fire Code to address regulation of toxic gases. This effort began with local fire code amendment language from the City of Palo Alto. The Western Chiefs amendment process was unsuccessful and was referred to further study, delaying a code change for another three years. In that same year, the Intergovernmental Council of Santa Clara County asked the Fire Chiefs Association to complete the second segment of the work begun in 1983, the TGMO. The Chiefs requested and received funding from AB 1021,(Sher) to provide the expertise to complete the work. The resulting product was then used as the basis for intense study, negotiations and finally mutual agreement by the Santa Clara County Manufacturing Group, the Silicon Valley Toxics Coalition and the Fire Chiefs. The Santa Clara County City Managers Association served as facilitators in this final process. The substance of the current agreement centers on a method to assess the level of hazard to be given each toxic gas and the application of appropriate safeguards. This new approach utilizes the Material Hazard Index (MHI) which divides all toxic gases into three classes. Class I, the most dangerous gases and therefore more strictly regulated. Class II, gases of a serious concern but regulated moderately . Class III, those toxic gases of least concern and of limited regulation. In addition, the final document establishes a level of concern for exposure to toxic gas releases. This level is the recognized Federal Environmental Protection Agency standard of 1 /10th the concentration considered immediately dangerous to life and health (IDLH). The TGMO assumes the adoption of the 1988 Uniform Fire Code. One of the strongest features of the agreement is all facilities that store and /or use toxic gases must retroactively meet the requirements of the document. The time frame for compliance is as follows: a) one year from the effective date of local adoption to submit a compliance plan, b) three years to be in full compliance, c) the fire chief MAY extent this time to five years where such extension is justified. As in the case of the Hazardous Materials Storage Ordinance, each City and the County is encouraged to adopt the Toxic Gas Model Ordinance. In that way, industry, employees and the general public can be assured.of uniform safeguards throughout Santa Clara County. Respe tfully submitted, Robert R. Wall Fire Chief City of Palo Alto Toxic Gas Project Leader Fire Chiefs Association Toxic Gas Sub Committee Ruben Grijalva Dan Heiser Reinhard Hanselka Larry.Monnette Michael Young Joe Afong Sharon Kohlmannslehner Silicon Valley Toxics Coalition Ted Smith Carolyn Scott Susan Walsh Rick Sawyer William Zan % City Manager City of Palo Alto City Mapagers Association Santa Clara County Manufacturing Group Gary Burke Jacqueline Bogard Gene Kiernan Tim Marker George Tomer Craig Modhal City Managers Assn. Bill Zaner Jennifer Sparcino Tom Lewcock TABLE OF CONTENTS 'i I. SCOPE OF THE TOXIC GAS MODEL ORDINANCE ..............page 1 II. DEFINITIONS a. General ................... 1 b. Equilibrium Vapor Pressure (EVP) .............. 1 C. Fire Code ...... ........ ..................... 1 d. Inert Construction Materials .................. 1 e. Level of Concern (LOC) ........................ 1 f. Material Hazard Index (MHI) ................... 1 -2 g. Maximum Threshold Quantity (Max T.Q.) ......... 2 II. GENERAL PROVISIONS . ............................... 2 -3-4 III. CLASSIFICATION OF MATERIALS ...................... 4 IV. GENERAL PROVISIONS ............................... 4 -5 V. HAZARD CLASSIFICATION TABLE ........................ 5 VI. CLASS I CONTROLS ... ............................... 5 VII. CLASS II CONTROLS . ............................... 5 -6 -7. VIII. CLASS III CONTROLS .............................. 7 IX. MINIMUM THRESHOLD QUANTITY CONTROLS ............... 7 -8 -.9 X. EXTERIOR STORAGE .................... ............. 9 -10 Material Hazard Indexing and Additional Requirements for Facilities with Regulated Gases SCOPE November 23, 1988 (a) This title applies to all new and existing facilities that could expose the public to a concentration greater than the Level of Concern of regulated gases as determined herein. It is intended that this title supplement be used in conjunction with, the Uniform Fire Code and Uniform Building Code, 1988 editions. The purpose of this title is to provide additional requirements for materials regulated, as defined herein, for the prevention, control, and mitigation of danger- ous conditions, and to protect the public from acute exposure due to an accidental release of a toxic gas. In the event of conflicting or overlapping regulatory provisions within the codes and this title, the more stringent, applicable requirement shall prevail. DEFINITIONS (a) General. For definitions not specifically defined herein, see the Fire Code. (b) Limited Applications. For the purpose of this title, certain terms and words are defined as follows: Equilibrium Vapor Concentration (EVC) (ppm) is equal to the vapor pressure multiplied by 106 and divided by atmospheric pressure. Vapor pressure for gases @ 250C is assumed to be 760 mm Hg) EVC = Vapor Pressure x 106 (ppm) Atmospheric Pressure Fire Code is the Uniform Fire Code adopted by the Western Fire Chiefs' Association, 1988 Edition. Inert Construction Materials. Materials which will not degrade the primary containment under reasonably forseeable conditions Level of Concern (LOC) is the EPA Level of Concern. It is considered to be the maximum concentration of a substance in air that will not cause serious heath effects in the majority of the population when exposed to the substance for a relatively short period of time. At present, 0.1 of the IDLH value, or an estimation of this value based on acute toxicity data of 0.01 LCS0, 0.1 LClo, 0.001 LD50, or 0.01 LDIo is chosen. Material Hazard Index WHO is the numeric value derived from an equation and is used for determining the level of controls necessary -2- ' for materials regulated. It is determined by dividing the Equilibrium Vapor Concentration (EVC) of a material at 250C by the Level of Concern for the material. MHI = EVC (ppm) @ 250C LOC ( pm) Maximum Threshold Quantity (Max T.Q.) is the maximum quantity of a Class II or Class III regulated material stored in a single vessel before a stricter category of regulation is required. Max. T.Q. = 2.5 x 108 /(MHI) (pounds) Minimum Threshold Quantity (Min. T.Q.) is the aggregate quantity per control area (as defined in the Fire Code) of regulated materials which due to the minimal aggregate quantities present need only comply with specific requirements established in this title, and will not be classified as Class I, II, or III regulated materials. Quantity for mixtures shall, be based on the aggregate weight (lbs.) of each regulated component. Min. T.Q. = I lb. or less for D.O.T. Poison A or 2 lbs. or less for other regulated materials. - GENERAL PROVISIONS (a) General. The storage, dispensing, use and handling of materials regulated shall be in compliance with the provisions of this title. (b) Materials Regulated. Materials shall be regulated by the provisions of this title when all of the following criteria are met: I. The material has an established Level of Concern (LOC) as herein defined. 2.- The materials are shipped in compressed gas cylinders, and act as a gas upon release at normal temperature and pressure or are used or handled as a gas whether or not in strict accordance with the definition of a compressed gas as defined by the Fire Code. (c) General Obligation. No person, firm or corporation shall cause, suffer or permit the storage, use, or dispensing of materials regulated by this title: I. In a manner which violates a provision of this title or any other local, federal, state statute, code, rule or regulation relating to materials regu- lated herein; or 2. In a manner which may cause an unauthorized discharge or poses a significant risk of such unauthorized discharge. (d) Permits. No person, firm, or corporation shall store, dispense, use, or handle any materials regulated herein unless and until a permit has been issued pursuant to this title. (e) Compliance. Facilities with conditions legally in existence at the adoption of this title and not in strict compliance therewith shall submit a compliances plan -3- to the Fire Chief within one year of the effective date of this title. All provisions shall be in full compliance within 3 years of the effective date of this title. The Chief may extend this time period to five years where such extension is justified. (f) Seismic protection. Stationary tanks and associated piping systems shall be seismically braced in accordance with the provisions of the Building Code. (g) Security. Storage areas shall be secured against unauthorized entry. (h) Breathing apparatus. When Class I or corrosive regulated materials are stored, a minimum of two self- contained breathing apparatus shall be provided. The breathing apparatus shall be suitable for use with the material stored and shall be located near the immediate area of storage in a location that provides safety to those expected to don the apparatus. A safe area is one which is not likely to be immediately affected by the release of hazardous material in the area of concern. When self- contained breathing apparatus would be inadequate protection due to the nature of the gases present, other appropriate protective equipment shall be provided. 0) Incompatibles. Incompatible classes of regulated gases shall be separated from each other and from other incompatible hazardous material listed per UFC Table 51 -110 -A by one -hour fire resistive construction, or in separate gas cabinets. (j) Leak Testing. Containers of regulated materials shall be tested for leaks immediately upon accepting deliveries, and again prior to departure from facilities. Testing shall be in accordance with recognized standards and practices. Appropriate remedial actions shall be immediately undertaken when leaks are detected. (k) Protective plugs /caps. Materials regulated shall have their protective plugs and caps in place at all times unless and until the material is properly placed into use. (I) Emergency Response Team. Responsible persons shall be designated the on -site emergency response team and trained to be liaison personnel for the fire department. These persons shall aid the fire department in preplanning emergency responses, identifying locations where regulated materials are stored, handled and used, and be familiar with the chemical nature of such material. An adequate -number of personnel for each work shift shall be designated. (m) Emergency Drills. Emergency drills of the on -site emergency response team shall be conducted on a regular basis but not less than once every three months. Records of drills conducted shall be maintained. (n) Annual Maintenance. All safety control systems shall be tested and maintained in good working condition on an annual basis. Maintenance and testing shall be by qualified persons. Maintenance records and certifications shall be available to the Chief upon inspection or request. . . (o) Flow limiting Device. A flow restricting orifice (when available) or flow limiting device is required on all D.O.T. Poison A materials for all amounts. (p) Fire Extinguishing Systems. Use and indoor storage areas and storage buildings shall be protected by an automatic sprinkler system. The design of the sprinkler system shall be not less than that required under U.B.C. Standard No. 38-1 for Ordinary Hazard Group 3 with a minimum design area of 3,000 square feet. Where -4- _ the materials or storage arrangement require a higher level of sprinkler system protection in accordance with nationally recognized standards, the higher level of sprinkler system protection shall be provided. CLASSIFICATION OF MATERIALS (a) General. Materials regulated shall be classified according to their material hazard index value. MHI calculations shall be submitted to the Chief along with supporting documentation on available acute toxicity data. (b) Class I regulated materials. Materials regulated which have on MHI greater than or equal to one half million (500,000), or are classified a Department of Transportation (DOT) Poison A, shall be classified as a Class I regulated material. (c) Class 11 regulated materials. Materials regulated which have an MHI greater than or equal to ten thousand (10,000) and less than one half milion (500,000) shall be classified as a Class II regulated material. (d) Class III regulated materials. Materials regulated which have an MHI greater than or equal to four thousand nine hundred (4,900) and less than ten thousand (10,000) shall be classified as a Class III regulated material. (e) Maximum Threshold Quantity. Materials regulated which exceed their maximum threshold quantity as defined shall be classified one level higher than otherwise determined. (ie. Class III to Class 11, or Class II to Class 1). (f) Minimum_ Threshold Quantity. Materials regulated which meet, the minimum threshold quantity as defined need only satisfy the specific requirements established herein, and shall not be classified as Class I, 11, or III regulated materials. (g) Exempt Amounts. Materials regulated whose quantity in a single vessel do not exceed the exempt amounts specified below or which have an MHI less than 4,900 shall not be regulated by this title, but shall comply with other applicable statutes, codes, or ordinances. Quantity for mixtures shall be based on the aggregate weight (Ibs.) of each regulated component. EXCEPTION: No amount of Class I regulated materials are exempt from the provisions for "flow limiting devices" and "fire extinguishing systems" found in General Provisions sections (o) and (p). Exempt Amounts Poison A 1/4 lb. Other Regulated Materials J lb. SPECIFIC PROVISIONS (a) General. The specific provisions required by this title shall be in addition to those requirements specified in the Fire Code and shall apply to storage and use of regulated materials in excess of exempt amounts. The requirements for the use cumulative in nature as the accordance with the following HAZARD CL CLASSIFICATION Class I Class II Class III Minimum Threshold Quantity Exempt Amounts MIE or indoor storage of regulated materials shall , be hazard class of regulated material increases in table: ASSIFICATION TABLE CONTROLS Includes all Class II Controls Includes all Class III Controls Includes Minimum Threshold Controls Includes Exempt Amount Controls Applicable Statutes, Codes, Ordinances (b) Class I Controls. Materials which are classified as Class I materials shall be provided with the following: Secondary Containment. Piping which is designed and fabricated from materials 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 may be subjected. Secondary containment shall be capable of directi.ng a sudden release into an approved discharge treatment system, and shall be monitored continually with an approved continuous gas monitoring system. 2. Automatic shutdown. An automatic shut -off valve which is of a fail -safe to close design shall be provided. All of the following shall activate automatic shutoff: a. gas detection b. manual remote locations C. failure of emergency power d. seismic activation e. failure. of primary containment f. activation of manual fire alarm 3. Emergency Control Station. Signals from emergency equipment shall be transmitted to an emergency control station which is continually staffed by trained personnel. (c) Class II Controls. Materials which are classified as Class II materials shall be provided with the following: I. Welded Connections. Piping and tubing shall be installed in accordance with approved standards, and shall have welded connections throughout unless an exhausted enclosure is provided. -6- EXCEPTION: Material which ' is incompatible with ferrous piping may be installed in approved non - metalic piping with approved connections. 2. Local Gas Shutoff. A. Manual activation controls shall be provided at approved locations including areas near the point of use and near the source. The Chief may require additional controls at the building, entry to use area, or emergency control station. The manually activated shut off valve shall be of fail safe to close design. 3. Emergency Power. Emergency power shall be provided for: A. Exhaust ventilation, including the power supply for treatment systems. B. Gas - detection systems. C. Emergency alarm systems. D. Temperature - control systems. (See the Fire Code 80.301(t)2.) 4. Excess Flow Control. Portable tanks and cylinders shall be provided with excess flow control. Valves shall be permanently marked by the manufacturer to indicate the maximum design flow rate. 5. Gas Detection. A continuous gas- detection system (in accordance with the Fire Code, Section 80.303( a.)9) shall be provided to detect the presence of gas at or below the permissible exposure limit or ceiling limit. The detection system shall initiate a local alarm and transmit a signal to a constantly attended remote location. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the storage area. The audible alarm shall be distinct from all other alarms. 6. Reduced Flow Valves. Reduced flow valves may be utilized to reduce the maximum flow rate from cylinders and tanks under full flow conditions. Valve flow rates may be considered to size treatment systems for a worst case release scenario. 7. Seismic Shut -offs. An approved seismically activated valve shall be provided to automatically shut off regulated materials during significant seismic events. 8. Class II Regulated Materials which are corrosive shall be provided with approved inert construction materials, or shall be secondarily contained. 9. Emergency Alarms. When materials regulated by this title are transported through exit corridors or exit enclosures, there shall be an emergency telephone system or a local manual alarm station or an approved signaling device at not more than 150 -foot intervals and at each exit doorway throughout the transport route. The signal shall be relayed to an approved -7- central, proprietary or remote station service or constantly attended on- site location and shall also initiate a local audible alarm. (d) Class III Controls. Materials which are classified as Class III materials shall be provided with the--following: I. Piping, valves, and fittings. Piping, valves, fittings and related components shall be designed and fabricated from materials 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 may be subjected. 2. Signage. Stationary aboveground tanks shall be placarded with hazard identification signs as specified in U.F.C. Standard No. 79 -3 for the specific material contained. Signs prohibiting smoking shall be provided in storage areas and within 25 feet of outdoor storage areas. • Signs shall not be obscured or removed. Signs at minimum shall be in English as a primary language or in symbols allowed by this code. Signs shall be durable. The size, color and lettering shall be in conformance with nationally recognized standards. 3. Inert gas purge system. Regulated gas systems shall be provided with individually dedicated inert gas purge systems (ie. nitrogen and noble gases) (e) Minimum Threshold Quantity Controls. Materials which do not exceed the minimum threshold quantity as defined herein shall be provided with the following: I. Exhaust ventilation. A. Ventilated area. Storage of cylinders shall be within ventilated gas cabinets, exhausted enclosures or within a ventilated separate gas storage room as defined in the Fire Code. Storage of portable and stationary tanks shall be within a separate ventilated room without other occupancy or use. If gas cabinets are provided, the room or area in which they are located shall have independent exhaust ventilation. Exhaust systems for gas cabinets, exhausted enclosures and separate gas storage rooms shall be designed to handle the accidental release of gas. Such exhaust systems shall be capable of diluting, adsorbing, absorbing, neutralizing, burning or otherwise processing the entire contents of the single tank or cylinder of gas stored which presents the highest potential hazard. Systems utilized for such. processing shall be designed as a treatment system. If a total containment system is utilized, the system shall be designed to handle the maximum anticipated pressure of release "to the system when it reaches equilibrium. 2. Gas Cabinets. When gas cabinets are provided they shall be: -8- (i) Operated at negative pressure in relation to the surrounding area. (ii) Provided with self - closing limited access ports or fire =rated windows to give access to equipment controls. The average velocity of ventilation at the face of access ports or windows shall be not less- -' than 200 feet per minute 4pm) with a minimum of 150 fpm at any point of the accessport or window. (iii) Connected to a treatment system. (iv) Provided with self - closing doors. (v) Constructed of not less than 18 -gauge steel. 3. Treatment systems. (i) General. Treatment systems shall be utilized to process all exhaust ventilation to be discharged from gas cabinets, exhausted enclosures or separate storage rooms. Treatment systems shall be designed to reduce the maximum allowable discharge concentration of the gas to one -half IDLH at the point of discharge to the atmosphere as specified in Items (iii) and (iv) below. When 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 the gases stored or used. (ii) Treatment system sizing. Treatment systems shall be sized to process the maximum worst case release of each gas based on the maximum flow rate of release from the cylinder or tank utilized which presents the highest potential hazard. The entire contents of tanks and cylinders shall be considered. (iii) Stationary tanks. Stationary tanks shall be labeled with the maximum rate or release for the gas contained based on any valves or fittings that are inserted directly into the tank. If multiple valves or fittings are provided, the maximum flow rate of release for the valve or fitting with the highest flow rate shall be indicated. If liquefied gases are in contact with any valve or fitting, the liquid flow rate shall be utilized for purposes of computation. All flow rates indicated on the label shall be converted to cubic feet per minute of gas at normal temperature and pressure. (iv) Portable tanks and cylinders. For portable tanks and cylinders, the maximum flow rate of release shall be calculated based on assuming the total release from the cylinder or tank within the time specified in Table No. 80.303 -13 of the Fire Code. When portable tanks or cylinders are equipped with approved reduced flow valves, the worst case release will be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or the gas supplier. Reduced flow and excess flow valves shall be permanently marked by the manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under standard conditions. - 9 - 4. Gas Detection for D.O.T. Poison A. A portable or fixed gas detection system capable of monitoring at PEL for each regulated material classified as a D.O.T. poison A stored or used within the facility must be provided. (f) Exterior Storage. I. General. Exterior storage of regulated material shall be in accordance with the provisions of this title. 2. Distance from storage to exposures. In addition to the provisions of the Building Code, exterior storage of regulated materials shall comply with the following: A. Distance limitation to exposures. The exterior storage of regulated materials shall not be within 75 feet of a building, property line, street, alley, public way or exit to a public way unless the storage is shielded by a structure having a minimum fire - resistive rating of two hours and which interrupts the line of sight between the storage and the exposure. The protective structure shall be' at least 5 feet from any exposure. The protective structure shall have not more than two sides at approximately 90- degree directions, except that a third diagonal section may be used at the vertex. B. Openings in exposure buildings. When the storage area is located closer than 75 feet to a building, openings into a building other than piping shall not be above- the height of the top of the shielding structure or within 50 feet horizontally frorn.the storage area whether or not shielded by a protective structure. C. Air intakes. The storage area shall not be within 75 feet of air intakes. 3. Canopies. Portable tanks and cylinders stored outside of buildings shall be stored under a canopy of noncombustible construction. Such storage shall not be considered indoor storage. An automatic fire - sprinkler system shall be provided for canopies installed for the storage of regulated materials. 4. Piping and controls. Piping and controls on stationary tanks shall be in accordance with the following: A. Pressure - relief devices shall be vented to a treatment system designed in accordance with the provisions of this title. B. ' Where filling or dispensing connections are provided, they shall be provided with o. means of local exhaust. Such exhaust shall be designed to capture fumes and vapors. The exhaust shall be directed to a treatment system designed in accordance with the provisions of this title. C. Stationary tanks shall be provided with a means of excess flow control on all tank inlet or outlet connections. - 10 EXCEPTIONS: I. Inlet connections that are designed to preclude backflow. 2. Pressure - relief devices. 5. Gas cabinets for leaking cylinders. At least one gas cabinet or exhausted enclosure shall be provided for the handling of leaking cylinders. The cabinet or enclosure shall be located as follows: A. Within or adjacent to exterior storage areas. B. Within separate gas storage rooms used for cylinders. The gas cabinet or exhausted enclosure shall be connected to a treatment system as specified in this title. EXCEPTION: A cabinet or exhausted enclosure need not be provided for leaking cylinders if all cylinders are stored within gas cabinets or exhausted enclosures. 6. Local exhaust for leaking portable tanks. A means of local exhaust shall be provided to capture leaks from portable tanks. The local exhaust may consist of portable ducts or collection systems designed to be applied to the site of a leak in a valve or fitting on the tank. The local exhaust system shall be connected to a treatment system as specified in this title. The local exhaust system shall be provided: A: Within or immediately adjacent to exterior storage areas. B. Within separate gas storage rooms used for portable or stationary tanks. /b3 O� Qr I U ""v,,'- @R (0 (5 �—b jZ�� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman February 2, 1989 Ms. Nancy Ianni, Interim Chairperson Intergovernmental Council County Government Center East Wing, Eleventh Floor 70 West Hedding Street San Jose, California 95110 Dear Ms. Ianni: The Saratoga City Council, at its regular meeting of February 1, reviewed the concept for the model toxic gas ordinance which you forwarded to us with your letter of December 13, 1988. The Council finds it to be satisfactory to the City of Saratoga. We have no changes to suggest, and we look forward to reviewing the model ordinance so that we can begin the adoption process. Please let me know if you have any questions. Sincerely, ( . (P Grace E. Cory Deputy City Clerk